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10-19-1993 PC MIN 4It MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT VANDENBERGE JR. HIGH TUESDAY, OCTOBER 19, 1993 Members Present: Chairman Minton, Commissioners, Kreger, spotts, Tacheny, and Tveite. Members Absent: Commissioners Eberley and Kuester. arrived at approximately 8:35 p.m. Commissioner Kuester Staff Present: Steven Ach, City Planner; Stephen Administrator; Terry Maurer, City City Attorney; Catherine Schmidt, Rohlf, Zoning Engineer; Peter Beck, Recording Secretary 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:05 pm by Chairman Minton. 2. Consider Planning Commission Agenda COMMISSIONER SPOTTS MOVED TO APPROVE THE 10/19/93 PLANNING COMMISSION AGENDA. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4It Chairman Minton addressed the public and explained the procedures for a public hearing. Chairman Minton continued by asking the applicant and developers to briefly explain the proposal. Bert Dahlberg, President of Krause-Anderson introduced the developers and applicant: Mike Shields, Architect; John Bogart, John Oliver and Associates; John Werjes, Benshoof & Associates; Carl Carlson, Krause-Anderson. Mr. Dahlberg indicated that Krause-Anderson may become a partner in this project after City approval. Mike Shields briefed the Planning Commission regarding the changes in the proposal since the June 10, 1993, public hearing: reduced square footage of the overall project; increased storm drainage and retention ponds; additional landscaping; eliminated all but one retaining wall; slopes were reduced to approximately 4:1, drives along Freeport and Jackson were reduced; sidewalk is continued along Jackson; no signage on the rear of buildings and signage has been reduced; etc. John Bogart, John Oliver & Associates, briefly explained the details of some of the aforementioned changes. 4It John Werjes, Benshoof & Associates, addressed the specific square footage of the proposal and each individual shop. Mr. Werjes also detailed specific traffic concerns: right-in, right-out off of TH 169; traffic volumes; Mn DOT findings; the roadway from Freeport to TH 169 that needs to be widened; concerns from School Street west to Jackson; traffic peaks with regard to the school versus the shopping center; and the Taco Bell access grade. Elk River Planning Commission Minutes October 19, 1993 Page 2 . 3. Consider a Conditional Use Permit and Preliminary Plat By Elk River Associates/Public Hearing, Case NO. CU 93-15, P 93-8 staff report presented Associates, requested a site as a commercial PUD, 13 commercial lots and dated October 19, 1993. by steve Ach. The applicant, Elk River conditional use permit to develop a 50 acre and preliminary plat to divide 50 acres into two outlots. Mr. Ach reviewed staff's memo Chairman Minton entered into public record documents distributed by the City Planner: two letters from Gene Schuldt dated November 2, 1992, and November 24, 1992; a letter from Gary Santwire representing Rick Foster; letters in support of the project from area residents. Chairman Minton stated that Commissioner Kuester would join the public hearing meeting later this evening, however, due to the perception of conflict of interest, she will refrain from discussion and voting. Chairman Minton opened the public hearing. . Rolfe Anderson, 19411 Irving Circle, Elk River, described the Riverdale Crossing mall versus the proposed mall and stated that he felt this proposal was far more intense, traffic wise. Mr. Anderson is representing the Citizens Who Care group and continued to express group concerns: safety for area children, traffic, street improvements, and the costs associated with this project and all underlying costs be made public. Ken Anderson, Engineer for Citizens Who Care group, explained the traffic volume he felt would occur from TH 169, west to Freeport. Mr. Anderson feels the figures from MSA are too conservative. In addition to the traffic volume concerns, Mr. Anderson expressed concern regarding the undeveloped parcel between TH 169 and Freeport: when this parcel is developed, won't this create additional traffic not being planned for now? Tim Ostroot, 19333 Norfolk Street, Elk River, mentioned that he is an attorney however, he is not representing the group Citizens Who Care, he is merely a citizen who cares about this proposal. Mr. Ostroot reviewed the seven standards for granting a conditional use permit and stated that this proposal does not meet these standards. Further, this area was residential until it was rezoned to highway commercial making this proposal inconsistent with the Comprehensive Plan. Mr. Ostroot also expressed concern regarding the traffic volume level of service stating level "0" is unacceptable, and urged the Planning Commission to deny this request. . Chairman Minton addressed some of Rolfe Anderson's concerns regarding costs incurred with this project and explained the process of a feasibility report. Also, he stated it would be unfair to compare this project with the Riverdale Crossing mall as this project is not as intense. Chairman Minton directed a question to Mr. Ken Anderson relating to left turns from TH 169. Mr. Anderson responded. Elk River Planning Commission Minutes October 19, 1993 Page 3 . Steve Shoemaker, 11106-190 Avenue NW, with regard to traffic from outlying areas traffic study been done relating to this? Elk River, expressed concerns to this project. Has a Duane Kropuenske, 12778-183rd Court, Elk River, believes wide traffic study should not be required as it could project and ultimately, cause the project to be withdrawn constraints. Mr. Kropuenske noted the tax advantages commercial properties. Also, Mr. Kropuenske stated the seven for granting a conditional use permit are difficult to interpreted literally. that a city delay this due to time of such standards meet if 8:25 p.m. - Commissioner Kuester arrived at this time. Carla Fourniar, 716 Washington Court, Elk River, expressed concerns relating to the safety of children. Who is ultimately responsible for our children? For the record, Ms. Fourniar stated she holds the Planning Commission, staff, developers, and applicants responsible for the safety of the children. . Gene Schuldt, 1218 Main Street, Elk River, stated his concerns regarding Highland Road and County Road No.1. Mr. Schuldt is concerned with traffic from surrounding roadways as well as roadways in the immediate area of the project. Also, have all the properties necessary for this project been secured? Shouldn't all properties be secured before a recommendation is given to the Council? Sharon Bromen, 20969-152nd Street NW, Elk River, Vice President of the Chamber of Commerce expressed the Chamber's support of the proposed project stating growth is essential to Elk River's future prosperity. Wendy Arrow, 11080-190 1/2 Avenue NW, Elk River, stated she supports development with good sound thought and care, however, there is concern with the traffic and child safety issues related to this. project site. Ms. Arrow is also concerned about proper procedures being followed if this project is approved for all issues are considered. Wendy Penna, City of Ramsey, stated her children attend the Elk River schools although they do not live in the City of Elk River. Ms. Penna explained her family's choice to live in a rural area and would like to see such development go elsewhere and rezone the land for this proposal as residential. . Mike Shields, Architect, described the Riverdale Crossing mall and how it relates to this project stating that this proposal is approximately 100,000 square feet smaller than Riverdale. The proposed project is not an enclosed mall, therefore, loitering should be less than in an enclosed mall. Mr. Shields stated that the City is in the process of preparing a Comprehensive Drainage Plan and that further traffic concerns will be addressed in the feasibility report. Mr. Shields stated that the proposal is consistent with the Comprehensive Plan. Chairman Minton east of TH 169. asked Terry staff to address future plans for 193rd Avenue Maurer, City Engineer, responded that this Elk River Planning Commission Minutes October 19, 1993 Page 4 . street was planned for widening in the future, possibly as far east as Anoka County and therefore, is more than a residential road. Chairman Minton acquisition. either acquired consent letters asked staff to address the questions relating to steve Ach, City Planner, replied that all land has or under control by way of purchase agreements from property owners have been received. land been and Tom Penna, 17310 camelion, Ramsey, asked the Commission who pays for the Comprehensive Drainage Plan. Mr. Penna also questioned staff regarding the traffic levels of service for other area roads. Greg Johnson, 11880 Highland Road, Elk River, stated that a report from the citizens League shows Elk River as being the 5th highest in taxes. Mr. Johnson iterated concerns regarding the LOS, taxes, and drainage on school property as well as the property to the west of the project. He is opposed to the project at this site, not to development in Elk River. Mr. Johnson asked Chairman Minton if his quotes in the Star news were correct. Chairman Minton replied they were. Chairman Minton entered into public record a letter from Thomas Zerwas, Chief of Police, City of Elk River, and read the letter. . Charlie Blesener, 19360 Norfolk Street, Elk River, requested staff/developers to explain how the seven standards for granting a conditional use permit were met. Also, Mr. Blesener commented on the changes from one draft letter (from Mn DOT) to another letter and asked staff to respond. Chairman Minton stated the Planning Commission did not receive a copy of the draft letter from Mn DOT, only the final letter. Mr. Ostroot offered the Chairman a copy of the draft letters. Commissioner Kreger felt the Planning Commission should not accept copies of "draft" letters however, he requested the City Attorney respond. Peter Beck, City Attorney, replied the letters should be accepted, as all documents should be accepted for public record. Ken Anderson, Engineer, explained that the figures used for calculations in these draft letters did not change, merely the outcome of the calculations. John Bogart, John Oliver & Associates, explained that the Comprehensive Drainage Plan will be paid for by all residents of Elk River. This comprehensive plan was not undertaken just for this project as it will encompass the entire City not only this area of the city. Further, Mr. Bogart responded to the comments made regarding the drainage problem west of the proposed site and on school property. . John Werjes, Benshoof & Associates, responded to comments regarding the traffic calculations by Mn DOT and MSA. Mr. Werjes stated the calculations are conservative, however, their analysis is sound. LOS E for a few peak pm hours is acceptable. Current LOS for Jackson is 0, for Freeport it is C. Chairman Minton asked Mr. Werjes if he felt the left turn from TH 169 onto School Street is underestimated. Mr. Werjes replied he did not feel it was underestimated. Commissioner Kreger asked Mr. Werjes if this particular intersection is modified, could it . . . Elk River Planning commission Minutes October 19, 1993 Page 5 reach LOS C? Mr. Werjes stated it could be modified to reach that LOS, however, there would be additional costs involved. Commissioner Tachney asked Mr. Werjes to respond to the coordination of timing distance from TH 169 to Freeport on School Street. Mr. Werjes explained the coordination of signal lights at the intersection of School Street and TH 169 and the proposed intersection at School Street and Freeport. Commissioner Tachney asked Mr. Werjes to explain options for safety during rush or peak hours of traffic. Mr. Werjes described a few options noting however, that details for this nature will be addressed in the feasibility report. pedestrian briefly options of Loren Knott, Attorney representing Krause-Anderson, briefly remarked that the proposed property is designated for this type of use and the request meets the seven standards for granting a conditional use permit. Ed Stoutenberg, 19032 Yale Circle, Elk River, expressed regarding the current school bus traffic and vehicular additional traffic in this location is not a good idea. concerns traffic; Sue Daleiden, 19243 Lowell street, Elk River, requested staff explain the number of years it will take for residential taxes to pay for the types of improvements in this proposal. Bert Dahlberg, Krause-Anderson, briefly described Krause-Anderson's history and presented an overview of projects they have done. Wendy Penna, 17310 Carne 1 ion, Rarnsey, stated the basic problem seems to be "any project of this type" on this site. Ms. Penna suggested the residents get together and apply for a rezoning of this site. Phil Johnson, 19440 Holt Avenue, Elk River, iterated concerns regarding the seven standards for granting a conditional use permit, also stating this request does not meet those seven standards. Further, the proposal is not consistent with the Comprehensive Plan. There being no further comments from the public, Chairman Minton closed the public hearing. Steve Ach, City Planner, reviewed staff's memo and explained future processes to the public. Mr. Ach stated staff is recommending approval of the conditional use permit request for a commercial PUD by Elk River Associates with the following conditions: 1. Plans be revised in accordance with letters from Steve Ach, dated October 11, 1993, and Terry Maurer, dated October 15, 1993, that detail this site plan and future site plans. 2. Revised plans will be accepted as the "project development plan" and provide the foundation for future site plan approvals. . . . Elk River Planning Commission Minutes October 19, 1993 Page 6 3. All site plans must be submitted to City Council for review for each phase obtaining a building permit. the Planning Commission and of the project prior to 4. A chain link security fence shall be provided around the storm water ponds located on the school property and two along Jackson Road. 5. A planned unit development agreement be prepared and executed prior to final plat. That particular agreement will set forth all the standards detailing the signage package, the landscaping requirements, etc. 6. A feasibility report be completed specifying necessary off-site street, utility, and pedestrian system improvements. staff is also recommending approval of preliminary plat to divide 50 acres into 13 commercial lots and two out lots with the following conditions: 1. A development agreement be prepared and executed prior to release of final plat for recording. 2. Payment of park dedication in an amount based on the City's commercial park dedication rate at the time of final plat. 3. Outlot A and Outlot B be deeded to the City of Elk River for public purposes. 4. and utility easements including those the single family lots along Jackson Road public drainage and utility easements. on school be granted All drainage property and to the City as 5. Lot 8, Block 2 be increased in area to a minimum of .8 acres. 6. Prior to final plat, an administrative subdivision Dickenson property must be completed and recorded. the of 7. Necessary storm drainage easements will need to be obtained to accommodate storm water runoff from this project. 8. Appropriate cross access/cross parking agreements be prepared to accommodate shared parking. Chairman Minton explained that the Planning Commission would now ask staff to respond to their questions. Chairman Minton asked if most concerns would be addressed through the feasibility report. steve Ach responded that some would be answered through the feasibility report, others through the developer's agreement, and the remaining issues through site plan reviews. Terry Maurer replied that many comments and conditions are listed merely to relate the need for further details, they are not necessarily major concerns. Elk River Planning Commission Minutes October 19, 1993 Page 7 . Chairman Minton indicated that a written response was received from Commissioner Eberley, entered the written response into the public record, and asked Commissioner Tveite to read the response. Commissioner Tveite read the response from Commissioner Eberley. Discussion ensued among the Commissioners regarding details proposed project. The Planning Commission asked staff to questions relating to the following: sidewalk and bike path; lot the Taco Bell parking situation; traffic LOS; anticipated increase in Elk River regardless of this proposal. of the explain sizes; traffic Chairman Minton asked Peter Beck, City Attorney, to respond to the questions of rezoning the proposed site. Mr. Beck replied that this proposal must be addressed with the current zoning. Ken Anderson, Engineer, asked the Planning Commission to at least consider this proposal without degrading the current roadway system. COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF THE REQUESTED BY ELK RIVER ASSOCIATES TO DEVELOP A COMMERCIAL PLANNED UNIT DEVELOPMENT BASED ON THE APPROVING A CONDITIONAL USE PERMIT: CONDITIONAL USE PERMIT 50 ACRE SITE AS A FOLLOWING FINDINGS FOR A. THE PROPOSED AFFECT THE VICINITY OR CONVENIENCE, USE WILL NOT ENDANGER, INJURE, OR DETRIMENTALLY USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE THE PUBLIC HEALTH, SAFETY, MORALS, COMFORT, OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY. . B. IT IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN. C. IT WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT IMPROVEMENT OF THE SURROUNDING VACANT PROPERTY, THEREBY SERIOUSLY DEPRECIATING SURROUNDING PROPERTY VALUES. AND NOT D. IT WILL BE SERVED ADEQUATELY BY AND WILL NOT ADVERSELY AFFECT ESSENTIAL PUBLIC UTILITIES AND SERVICES INCLUDING STREETS, POLICE AND FIRE PROTECTION, DRAINAGE, REFUSE DISPOSAL, WATER AND SEWER SYSTEMS, PARKS AND SCHOOLS AND WILL NOT, IN PARTICULAR, CREATE TRAFFIC CONGESTION OR INTERFERENCE WITH TRAFFIC ON ADJACENT AND NEIGHBORING PUBLIC THOROUGHFARES. E. IT WILL NOT INVOLVE USES, ACTIVITIES, PROCESSES MATERIALS, EQUIPMENT AND CONDITIONS OF OPERATION THAT WILL BE DETRIMENTAL TO ANY PERSONS OR PROPERTY BECAUSE OF EXCESSIVE TRAFFIC, NOISE, SMOKE, FUMES, GLARE, ODORS, DUST OR VIBRATIONS. F. IT WILL NOT RESULT IN THE DESTRUCTION, LOSS OR DAMAGE OF A NATURAL, SCENIC OR HISTORIC FEATURE OF MAJOR IMPORTANCE. . G. IT WILL FULLY COMPLY WITH ALL OTHER REQUIREMENTS OF THE CITY'S CODE OF ORDINANCES, INCLUDING ANY APPLICABLE REQUIREMENTS AND STANDARDS FOR THE ISSUANCE OF A LICENSE OR PERMIT TO ESTABLISH AND OPERATE THE PROPOSED USE IN THE CITY OF ELK RIVER. Elk River Planning Commission Minutes October 19, 1993 Page 8 . A PUBLIC HEARING WAS HELD AND THERE WAS NOTABLE OPPOSITION; THEIR REMARKS WILL BE ENTERED INTO THE RECORD: AN ENVIRONMENTAL ASSESSMENT WORKSHEET AND CURRENT UPDATES, DEPARTMENT OF NATURAL RESOURCES AND HISTORICAL SOCIETY INFORMATION, INFORMATION SHEET FROM CITIZENS WHO CARE REGARDING COMMENTS ABOUT TRAFFIC, DRAINAGE, AND STREETS, THE POLLUTION CONTROL DOCUMENTS, DEPARTMENT OF ARMY CORPS OF ENGINEERS WETLAND INFORMATION, DEPARTMENT OF HEALTH WELL MANAGEMENT UNIT, TRAFFIC ANALYSIS AND UPDATES OF THAT ANALYSIS FROM THE MN DEPARTMENT OF TRANSPORTATION, AND SPECIFIC CORRESPONDENCE FROM SEVERAL CONCERNED CITIZENS OF THE COMMUNITY. THE FOLLOWING STIPULATIONS WILL BE ADHERED TO FOR THIS PERMIT: 1. PLANS BE REVISED IN ACCORDANCE WITH LETTERS FROM STEVE ACH, DATED OCTOBER 11, 1993, AND TERRY MAURER, DATED OCTOBER 15, 1993. 2. REVISED PLANS WILL BE ACCEPTED AS THE "PROJECT DEVELOPMENT PLAN" AND PROVIDE THE FOUNDATION FOR FUTURE SITE PLAN REVIEWS. 3. ALL SITE PLANS MUST BE SUBMITTED TO THE PLANNING COMMISSION AND CITY COUNCIL FOR REVIEW FOR EACH PHASE OF THE PROJECT PRIOR TO OBTAINING A BUILDING PERMIT. 4. A CHAIN LINK SECURITY FENCE SHALL BE PROVIDED AROUND THE STORM WATER PONDS LOCATED ON THE SCHOOL PROPERTY AND TWO ALONG JACKSON ROAD. . 5. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO FINAL PLAT. 6. A FEASIBILITY REPORT BE COMPLETED SPECIFYING NECESSARY OFF-SITE STREET, UTILITY, AND PEDESTRIAN SYSTEM IMPROVEMENTS. FINDINGS OF STUDY INCORPORATED INTO THE PLAN WITHIN 60 DAYS. 7. A SIDEWALK/BIKE PATH ALONG JACKSON ROAD BE INCLUDED IN THE INITIAL DEVELOPMENT. A METHOD OF PROPOSED RIGHT-OF-WAY ACQUISITION BE FULLY EXPLAINED TO THE CITY COUNCIL. 8. THE PROJECT DESIGN PROVIDE THAT THE TRAFFIC LEVEL OF SERVICE ON THE INTERSECTION OF JACKSON ROAD AND TH 169, HIGHLAND AVENUE AND JACKSON ROAD, SCHOOL STREET AND JACKSON ROAD, FREEPORT AVENUE AND SCHOOL STREET, ELK HILLS DRIVE AND DODGE STREET, SCHOOL STREET AND TH 169, AND FREEPORT AVENUE AND JACKSON ROAD NOT BE DEGRADED. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT FOR ELK RIVER ASSOCIATES TO DIVIDE 50 ACRES INTO 13 COMMERCIAL LOTS AND TWO OUTLOTS. PUBLIC HEARING WAS HELD AND THERE WAS CONSIDERABLE OPPOSITION. THE PLAT IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN. THE PLAT HAS BEEN REVIEWED BY THE CITY ENGINEER, THE COUNTY HIGHWAY DEPARTMENT, AND THE STATE HIGHWAY DEPARTMENT. A LETTER OF APPROVAL FROM THE DEPARTMENT OF NATURAL RESOURCES WAS RECEIVED. PARK BOARD RECOMMENDATION HAS BEEN RECEIVED. THE PLAT MEETS CITY ORDINANCES AND IS CONTINGENT ON THE FOLLOWING OUTSTANDING ITEMS AND CONDITIONS: . . . Elk River Planning Commission Minutes October 19, 1993 Page 9 1. A DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. 2. PAYMENT OF PARK DEDICATION IN AN AMOUNT BASED ON THE CITY'S COMMERCIAL PARK DEDICATION RATE AT THE TIME OF FINAL PLAT. 3. OUTLOT A AND OUTLOT B BE DEEDED TO THE CITY OF ELK RIVER FOR PUBLIC PURPOSES. 4. ALL DRAINAGE AND UTILITY EASEMENTS INCLUDING THOSE ON SCHOOL PROPERTY AND THE SINGLE FAMILY LOTS ALONG JACKSON ROAD BE GRANTED TO THE CITY AS PUBLIC DRAINAGE AND UTILITY EASEMENTS. 5. LOT 8, BLOCK 2 BE INCREASED IN AREA TO A MINIMUM OF .8 ACRES. 6. PRIOR TO FINAL PLAT, AN ADMINISTRATIVE SUBDIVISION DICKENSON PROPERTY MUST BE COMPLETED AND RECORDED. OF THE 7. NECESSARY STORM DRAINAGE EASEMENTS WILL NEED TO BE OBTAINED TO ACCOMMODATE STORM WATER RUNOFF FROM THIS PROJECT. 8. APPROPRIATE CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED TO ACCOMMODATE SHARED PARKING. THE ENVIRONMENTAL ASSESSMENT WORKSHEET HAS BEEN RECEIVED AND THE ARMY CORPS OF ENGINEERS INFORMATION WAS MADE AVAILABLE. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Adjournment There being THE MEETING. CARRIED 5-0. no further business, COMMISSIONER TVEITE MOVED TO ADJOURN COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 10:40 p.m. Respectfully submitted, (ldffivwct f1), j;hrrudf Catherine M. Schmidt Recording Secretary