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04-25-1995 PC MIN l~m(IDft1 . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 25, 1995 Members Present: Chair Kuester, Commissioners Dillon, Kreger, Sullivan-Slocum, Thompson, Tacheny, and Minton Members Absent: None Staff Present: Steven B. Ach, City Planner; Peter Beck, City Attorney; Gary Schmitz, Planning Assistant; Debbie Kleckner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7 p.m. by Chair Kuester. ............."........................................................."....""............................................................ 2(...... >.......tt6nsidef412S19S..Plohnindc8mmlssidh...Ji;JitanaH>. . . The following items were added to the April 25, 1995 Planning Commission Agenda: 6.4. - Status of PUD Ordinance 6.5. - Planning Commission Workshop Date The following item was removed from the agenda: 5.4. - Dennis Anderson Request for a Conditional Use Permit for a Commercial Planned Unit Development, Public Hearing Case No. CU 95-06 COMMISSIONER KREGER MOVED TO APPROVE THE 4/25/95 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSION THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. .31................ .......GonsiCleI'3f.28l9,S..Plonnina..CommissionMinUfes The following corrections were made to the March 28, 1995 minutes: Page 8 - Paragraph 1 - replace the word "with" with the word "without" - replace the word "they" with the words "Elk River Landfill" . COMMISSIONER MINTON MOVED TO APPROVE THE 3/28/95 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. Planning Commission Minutes April 25, 1995 Page 2 . 4.F'lonnlndeOmmissiBHka6iasarltatlvetOAttendSI1S/9SGitVCounCtlMeetinQ? Commissioner Thompson will attend the May 15, 1995 City Council meeting. ......,'................,....'...........................,.,.,',',',',...,..............-...-...........,.-......-.............................................."",.,...".........---..--...---.----.-- --.--..-.-.-..........................",. 5n,;~~!i1~~~lug~~~f~ti~t1(3~Pf:~r~~9Y~~ff9~i9~~i~()~qI9~~R~rrTlit,~~~1i28~9riM9 Staff report by Gary Schmitz. Cargill Animal Nutrition Center has requested a conditional use permit to expand their existing operation at 10383 165th Avenue, located immediately east of the NSP RDF facility. Cargill plans to remove seven outdated buildings related to swine research, and replace them with six new, fully enclosed buildings, connected by a covered walkway system. Gary reviewed information regarding the number of animals, waste management and landscaping of the property. Staff recommended approval with three conditions. Rita Schmal, representative of Cargill, provided information regarding the location of the proposed and existing buildings, as well as information regarding the operation itself. Commissioner Kreger questioned why the Cargill property was never zoned agricultural. Steve Ach stated that issue could be considered by the Steering Committee. Chair Kuester opened the public hearing. . William Jones, 11763 194th Street NW, questioned what Rita Schmal was referring to when she mentioned that there would be showering facilities to prevent the spread of disease. Rita Schmal stated she was referring to precautions to prevent the spread of animal disease. There being no further comments from the public, Chair Kuester closed the public hearing. COMMISSIONER KREGER MOVED TO APPROVE THE REQUEST BY THE CARGILL ANIMAL NUTRITION CENTER FOR A CONDITIONAL USE PERMIT FOR THEIR FEEDLOT OPERATION, PUBLIC HEARING CASE NO. CU 95-05, BASED ON THE FINDINGS AND INFORMATION IN STAFF'S MEMO, AND DISCUSSION DURING THE PUBLIC HEARING, SUBJECT TO THE FOLLOWING THREE CONDITIONS: 1. THAT THE APPLICANT MEET ALL THE REQUIREMENTS AS SET FORTH IN THE FEEDLOT PERMIT FROM THE MINNESOTA POLLUTION CONTROL AGENCY. 2. THAT TREES BE PLANTED ALONG 165TH AVENUE NEAR THE SECURITY FENCE TO ACT AS A VISUAL ENHANCEMENT TO THE FARM SITE. 3. THAT THE NEWLY CONSTRUCTED BUILDINGS BE PAINTED TO MATCH THE EXISTING BUILDINGS. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Planning Commission Minutes April 25, 1995 Page 3 . 5.2. Dennis Anderson Request for Comorehensive Land Use DesiQnation from MR (Medium Density Residentiall to HB (HiQhway Businessl 5.3. Dennis Anderson Request for RezoninQ from R 1 c (SinQle Family Residentiall to PUD (Planned Unit Develooment Staff report by Steve Ach. Dennis Anderson has requested a comprehensive land use plan amendment to change the existing land use from Medium Density Residential to Highway Business. The property is described as Outlot A, Brentwood Subdivision, located at the southwest corner of 197th and Highway 169, approximately 17 acres in size. Also, Mr. Anderson has requested to rezone the property from its current designation of R 1 c (Single Family Residential) to PUD(Planned Unit Development). Steve Ach provided background information regarding Outlot A. He also described the concept plan submitted by Mr. Anderson which proposes a 119,000 square foot retail facility and a smaller convenience/gas station use at the corner of 197th Avenue. Steve reviewed questions for the Planning Commission to consider in reviewing the applications which related to the impact on the surrounding residential community. He also reviewed issues to consider related to the extension of commercial development in the community, transportation issues, and inventory of existing commercial property. . Steve Ach provided comments on the site plan, streets/storm drainage/utilities, signage and proposed uses for the PUD. He reviewed positive and negative points regarding the proposed commercial use. Steve reviewed three options for the Planning Commission's recommendation on this issue. Dennis Anderson, developer, stated he felt the site would be logical extension of the commercial zoning along Highway 169. He explained that a commercial development would benefit the community's tax base, as opposed to 40 single family homes in that same location. Mr. Anderson stated he felt he had been honest in dealing with buyers in the Brentwood Addition. Chair Kuester opened the public hearing. Dale Miller, 11795 196th Avenue NW, stated when he bought his lot from Dennis Anderson, he was told the outlot would be townhomes and park area. He also submitted a letter from Jim and Janet Berg, 19760 Lowell Street, stated they were told a similar thing. Ron Peterson, 11625 197th Avenue NW, stated he was the owner of the single family home immediately north of the subject site. He expressed his concern that if it was the intent for Outlot A to be used as a commercial site, why it was not rezoned at that time rather than allowing expensive homes to built around the site and rezoning the property after Brentwood is developed. . Wayne Traaseth, 11707 194th Avenue NW, requested that the Planning Commission address the traffic situation on 197th and Highway 169, and also on Holt Avenue. He also requested that the yield sign on Irving be changed to a stop sign before a tragic accident occurs. Mr. Traaseth questioned how many times the developer can come back with a rezoning request. City Attorney Peter Planning Commission Minutes April 25, 1995 Page 4 . Beck stated that a property owner has the right to request a rezoning at any time. Mr. Traaseth requested that the Planning Commission make a recommendation to deny Mr. Anderson's request. AI Fisher, 11946 196th Circle, stated that Mr. and Mrs. Anderson clearly stated that Outlot A would be used for residential purposes. He expressed his concern that the Solid Rock Church built without a permit, started a daycare center, and now has a full-fledged school in their residential neighborhood. He stated he sees no logic in rezoning the outlot to commercial. Mr. Fisher questioned why the road work is being done on Holt and how it relates to this project. William Jones, 11763 194th Avenue NW, questioned why the intersection is being torn up at Holt and Jackson for the second time. He also questioned why there are no berms by the Elk Park Center project. Greg Olson, 19726 Irving street, stated his property is twenty feet from the intersection of 197th and Irving. He stated he would not have purchased his property if he had known Outlot A would be commercial. He felt the adjacent property owners would be heavily impacted by the PUD, which would be in violation of the City's criteria for granting a PUD. . Ted Travica, 19702 Irving Street, stated his property would be directly impacted by the proposed commercial project. He expressed his concern for the trees that are being removed for development in the City. He stated Mr. Anderson's request should be denied based on the concerns of the neighbors. He also requested that the Planning Commission not allow Mr. Anderson to make further rezoning requests. Ken Williams, 19762 Brentwood Lane, stated that he has owned four parcels of property in Brentwood, and that he is a friend and neighbor of Dennis Anderson. He spoke on behalf of Dennis Anderson's character and integrity. Mr. Williams stated that he was made aware of Outlot A and its close proximity to the heavily traveled highway (Highway 169). At this time, the Commission, staff and Planning Commissioners responded to questions and comments from the public, as well as stated misconceptions about the government process. Chair Kuester explained that the Planning Commission is appointed, not elected, and that the members represent the City as a whole. She also explained that even if Mr. Anderson's request is denied, proposals for the site will likely continue until it is ultimately developed. Terry Maurer, City Engineer, stated that the initial work at Holt and Jackson was done in conjunction with the Elk Park Center project. Due to complaints, the alignment was changed to allow left turns from Jackson onto Holt, as well as left turns from Holt onto Jackson. Chair Kuester stated that trees have been an important issue for the Planning Commission and that their recommendations have not always been successful. . Planning Commission Minutes April 25, 1995 Page 5 . Terry Maurer explained that Mn/DOT has agreed to allow access at 197th which could be signalized, however, Mn/DOT does not have a signal programmed for 197th at this time. He stated the next logical signalized access would be County Road 33 and Highway 169. Ken Williams, 19762 Brentwood Lane, in response to comments regarding decreased property values near commercial development, cited information which indicated residential lots near the Ridgedale Shopping Center having a value in excess of $200,000. He stated that Outlot A is not desirable for residential development with its close proximity to Highway 169. Wayne Traaseth, 11707 194th Avenue NW, stated that he felt high traffic counts from the development will have an affect on property values. Gary Kleis, 19815 Irving Street, stated that he is in favor of keeping Outlot A zoned residential, and that the character of the neighborhood could be maintained if the property is developed as multi-family residential. . Phil Johnson, 19440 Holt Street, expressed his concern that the proposed frontage road will provide a connection from this commercial center to the Target store, and the increased traffic will decrease his property value. He also was concerned that he would be assessed for city water and sewer. Mr. Johnson questioned the conflict of interest mentioned by Commissioner Kreger in the June, 1994 Planning Commission minutes and whether or not he intended to vote on this issue. Commissioner Kreger stated that his father's company built the roads in Brentwood and he was the foreman on the job. He explained that the job was done approximately 15 years ago and it was his intention to vote on this issue at this time. Mr. Johnson cited reasons for denial of Mr. Anderson's request from the Planning Commission's 1994 minutes and stated he did not feel any of the conditions have changed since then. He stated that residents are concerned whether or not they should sell their property and when they should sell. Mr. Johnson stated that he felt the proposal is in conflict with the City's PUD ordinance. He expressed his concern that Mn/DOT would not put a stop light at 197th Avenue and Highway 169 until a sufficient number of accidents and fatalities occurred. Mr. Johnson questioned why the apartments were being constructed behind Central Lutheran Church if the City has a moratorium on multi-family development. Dwight Kirkeide, 11230 173rd Avenue NW, expressed his concerns that if residents threaten Mr. Anderson's rights as a property owner, their rights would also be threatened, and stressed that all property owners' rights must be respected. Harold Wilkinson, 19679 Lowell Street NW, stated he is not in favor of another stop light on Highway 169. He stated that when he and his wife purchased their land in 1984, they were told by Dennis Anderson's wife that Outlot A was probably going to be multi-family residential and possibly a park. He questioned why the property was not zoned commercial at the time of development. He asked the Steering Committee to let the current residential remain. . Rohlf Anderson, 19411 Irving Circle, asked what would be allowed in Outlot A with its current zoning. He expressed his concern for pedestrians with children and strollers crossing Highway 169. He stated that the traffic light does not allow Planning Commission Minutes April 25, 1995 Page 6 . enough time for them to cross and they end up waiting in the median for the light to change. He felt that this is an unsafe situation, and that a similar situation will occur if another light is placed at 197th and Highway 169. He stated he does not feel Dennis Anderson's rights are being violated since he would be allowed to develop the property as residential. Kent Peabody, 11713 200th Avenue NW, stated that in contacting Mn/DOT, he was told there would not be any additional accesses on Highway 169 between School Street and County Road 33. He noted that there does not appear to be enough room to allow truck traffic on 197th. Paul Ostmoe, 19644 Irving Street, questioned whether there is a precedent in any metro area to develop a large commercial site in the middle of a residential area. Bob Sturgis, 11789 197th Avenue NW, expressed his concern that people have no way of knowing what intentions may be for a particular piece of property if it is not documented. He also expressed his concern that the property east of Highway 169 as well as Outlot A should remain residential. Perry Mason, 11847 196th Avenue NW, asked that the Planning Commission recommend that the City Council deny the request. . Ted Travica, 19702 Irving Street NW, expressed his concern that people should not be threatened with the prospect of apartments if Mr. Anderson's request is denied, since high density residential would not be permitted within this zoning district. Robin Tuttle, 13390 Ranch Road, urged the Brentwood residents to follow this issue through to the end and also, to attend the Steering Committee meetings. There being no further comments from the public, Chair Kuester closed the public hearing. Staff and Commissioners gave the following responses to comments and questions that were raised by the public: -The apartment project behind the Central Lutheran Church was approved before the moratorium went into effect. -The precedent for commercial developments surrounded on three sides by existing residential in the metro area would have to be researched. -A complete berm along the Jackson A venue side of Elk Park Center cannot be done and still save the trees. A combination of berming and trees will likely be done. -Outlot A is currently zoned single family residential; multi-family would not be allowed in its current zoning designation. Anything other than the uses allowed under the R 1 c zoning would require a rezoning. . Planning Commission Minutes April 25, 1995 Page 7 . -Medium Density Residential zoning allows up to approximately 5 units per acre. High density allows up to approximately 22 units per acre. -Roughly 377 acres are vacant for commercial development. However, much of this area does not have city water and sewer. -An access at 197th and Highway 169 is already in place. No "new" accesses onto Highway 169 will be allowed. -A conditional use permit is not required at this time for approval of a PUD rezoning request. The conditional use permit would be applied for if the rezoning was approved and a specific development plan was submitted. -The multi-family development moratorium is temporary and will be terminated when the Comprehensive Plan is approved. . -A property owner will always have the right to petition their government for a legislative act, such as a rezoning. No property owner has a right to a specific zoning. Precedents have very little affect on decisions regarding rezonings made by local governments, as they are legislative acts. However, quasi-judicial actions such as conditional use permits where all conditions for approval can be met, may be somewhat affected by precedents. Also, the fact that a property owner may be able to develop a site at a higher return with a particular zoning, does not give him the right to that zoning. Highest and best use of a particular property is considered in comprehensive zoning and land use decisions, but it is not determinative in a rezoning contest. Commissioner Minton expressed his agreement that the proposed use is too intense for the site. He did agree that some type of commercial use may be best for the site, especially with proper buffering. He felt that sewer and water will come to the area eventually. He expressed his concern that the impact on traffic would be significant. He stated he supported denial of the request and would not be in favor of considering any future requests regarding this site until the Steering Committee has completed its work. Commission Minton stated that he saw no conflict of interest for Commissioner Kreger and would encourage him to vote on this issue. Commissioner Dillon stated that based on the information submitted and discussed, he felt that the traffic throughout the residential was a great concern and was in favor of denial. He also was not in favor of reviewing any more requests regarding the subject property until the Steering Committee has made their final recommendations. Commissioner Kreger estimated that approximately 68 homes could be built in this area. Steve Ach stated that a typical method to estimate the number of homes with 10,000 square foot lots is to use a density of 2.5 lots per acre, including roads and improvements: therefore, approximately 42 homes could be built on the 17 acre site. Commissioner Kreger stated that he would recommend the developer submit a revised plan incorporating the following information: . -show the location of homes adjacent to the proposed commercial project on the same map Planning Commission Minutes April 25, 1995 Page 8 . -need approximately 8 acres of green space including the pond (may include a neighborhood park) -need approximately 80% opacity screening on the west, south and north of the project. -a 100 foot strip along Irving and down 197th would be included in the number of required green space. This area would also accommodate approximately 3 rows of pine trees to meet the opacity requirements. -provide landscaped islands in the parking lot. -identify traffic control at the intersections of Highway 169 and 197th, Holt and 197th, Irving and 197th, the intersection of Irving and Lowell Street, and Holt Street and Jackson. -A map showing the location of Holt and the existing homes (how close to the street, etc.) -Address the driveway access for the neighbor to the north of 197th. -Park dedication requirements . -Letter from Mn/DOT regarding the location of a traffic light at 197th and Highway 169. -Re-address the potential traffic count based on the revisions to the design. -Re-notify residents of a public hearing on the issue. -Request that the developer attempt to meet with residents and/or interested parties regarding changes to the project design. -Suggest that a committee be formed including neighboring residents to work out the design of the project. Commissioner Tacheny stated he did not feel this type of commercial development was appropriate for the area. He stated he concurred with the other Commissioner's comments, especially regarding traffic. He stated he was in favor of a park or some other type of development. COMMISSIONER KREGER MOVED TO TABLE THE REQUEST BY DENNIS ANDERSON FOR A COMPREHENSIVE LAND USE AMENDMENT UNTIL THE DEVELOPER THE DEVELOPER HAS MADE A CONCERTED EFFORT TO FIND AN ACCEPTABLE SITE PLAN DESIGN THAT ADDRESSES THE ADJACENT NEIGHBORS' CONCERNS. THE MOTION DIED FOR LACK OF A SECOND. . COMMISSIONER DILLON MOVED TO DENY THE REQUEST BY DENNIS ANDERSON FOR A LAND USE AMENDMENT, CASE NO. LUA 95-04, BASED ON THE INFORMATION IN STAFF'S MEMO AND ALSO, BASED ON THE COMMENTS RECEIVED DURING THE PUBLIC HEARING. COMMISSIONER MINTON SECONDED THE MOTION. Planning Commission Minutes April 25, 1995 Page 9 . Commissioner Minton stated that he felt the Planning Commission would be willing to review a request for this site after the Steering Committee has completed their review of the Comprehensive Plan. THE MOTION CARRIED 6-1. COMMISSIONER KREGER OPPOSED. COMMISSIONER MINTON MOVED TO DENY THE REQUEST BY DENNIS ANDERSON FOR A REZONING FROM R1 C TO PUD, PUBLIC HEARING CASE NO. ZC 95-04, BASED ON THE FACT THAT THE LAND USE AMENDMENT REQUEST WAS DENIED, AND THE INFORMATION IN STAFF'S MEMO. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5J$.CitYOfElkRiVerReoueSffoFc6d&Amendmel1f'pubIiCfMarin8coseN6.6A95~d;g Staff report by Gary Schmitz. Gary updated the Planning Commission on the status of the zero lot line ordinance amendment. He stated that the City Attorney, Peter Beck, is working with him in drafting language for the proposed amendment, which will be presented at the next regular Planning Commission meeting. COMMISSIONER KREGER MOVED TO CONTINUE THE PUBLIC HEARING FOR THE ZERO LOT LINE CODE AMENDMENT, PUBLIC HEARING CASE NO. OA 95-03 TO THE MAY 23, 1995 PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Steve Ach noted a draft PUD Ordinance amendment will be presented to the Planning Commission at the workshop meeting. Steve Ach distributed registration forms for this upcoming workshOp. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 10:05 p.m. RZW:itted. Debbie Kleckner Recording Secretary .