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08-25-1992 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT SALK JR HIGH SCHOOL COMMONS AREA TUESDAY, AUGUST 25, 1992 Members Present: Chairman Nadeau, Commissioners Tveite, Minton, Eberley, Johnson, spotts and VanValkenburg Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Peter Beck, City Attorney; Terry Maurer, City Engineer; and Bill Weber, City Planning Consultant 1. Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. by Chairman Nadeau. 2. Consider 8/25/92 Planning Commission Agenda Commissioner Eberley added item 14.1 "Eberley/Minton trip to Big Lake Township Planning Commission Meeting" was added to the agenda. COMMISSIONER MINTON MOVED TO APPROVE AGENDA AS AMENDED. COMMISSIONER MOTION CARRIED 7-0. THE 8/25/92 PLANNING COMMISSION TVEITE SECONDED THE MOTION. THE 3. Consider 7/28/92 Planning Commission Minutes Commissioner Eberley stated that page 5 of minutes under PUD discussion should refer to the appropriate terminology used by the City attorney in reference to an area study. Janelle Szklarski, Zoning Assistant, stated that she would review the tapes from that meeting to find the appropriate terminology. COMMISSIONER JOHNSON MOVED TO APPROVE THE 7/28/92 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION 6-0-1. Commissioner Spotts abstained. 4. Planning Commission Representative to Attend 9/21/92 City Council Meeting. It was indicated that Commissioner Johnson would attend the 9/21/92 City Council meeting to be held at Salk Jr. High Commons Area. 5. Consider Preliminary Plat and Variance Request for Lake Point Shores by Marilyn Van Patten and Mike Leary/P.H. Janelle Szklarski, Zoning Assistant, stated that the applicants are proposing to subdivide a 13 acre parcel into 25 single family lots. The property is located between Highway 10 and Lake Orono. Because the applicant has failed to submit the necessary information for a plat request, staff is recommending that the item be continued to the September Planning Commission meeting. . . . Planning Commission Minutes August 25, 1992 Page 2 Chairman Nadeau opened the public hearing. COMMISSIONER SPOTTS SHORES PRELIMINARY COMMISSION MEETING COMMISSIONER MINTON MOVED TO CONTINUE THE PUBLIC HEARING FOR LAKE POINT PLAT AND VARIANCE REQUEST TO THE 9/22/92 PLANNING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Consider Preliminary Plat East by John Weicht Brokerage/P.H. and and Variance Associates Request and for Elk Park Center Midwest Commercial Steve Rohlf, Building and Zoning Administrator, introduced this item. The developers are proposing to plat highway commercial property at the southeast corner of the intersection of Highway 169 and 193rd Avenue. At this time the request is to subdivide the property into one commercial lot and one large Outlot, which would be further subdivided at a later date. Mr. Rohlf went on to explain that according to the City's Ordinance, this property would need City services such as storm sewer, sanitary sewer and City water extended to it prior to development. However, these items are not readily available to this area. According to State Statute, preliminary plats must be acted on within 120 days or they are considered approved. Therefore, staff is recommending that the Planning Commission recommend denial of this request as the plat can not proceed without City services. Jim Reiners, 11393 192nd Ave NW, questioned using the ponds near this site as a regional storm holding area as he felt these were protected by the Army Corps of Engineers as Wildlife Protection Areas. Steve Rohlf responded that although the ponds are protected from filling by the Army Corps of Engineers and the Wetlands Conservation Act, they are not necessarily designated as a Wildlife Refuge Area. Mr. Reiners then questioned how close to a pond one could fill? Mr. Rohlf responded that there is a possibility of obtaining to fill the pond through the Wetland Conservation Act, however, unlikely that staff would recommend approval of such a permit. a permit it was Bill Jones, 11763 194th Avenue, questioned who would pay for the sewer and water services needed to serve this site. Steve Rohlf stated that the City has an identifies the benefiting property owners according to the adopted policy. assessment who would policy which be assessed Terry Maurer, City Engineer, added that a feasibility study of how to serve this area was prepared, however, the City Council has not yet taken action on that study. Peter Logas, 11380 192nd Avenue, stated that when rezoned the wetlands were excluded from commercial to protect them. Mr. Logus questioned what methods protect these wetlands. this property was zoning in an effort would be used to . . . Planning Commission Minutes August 25, 1992 Page 3 Steve Rohlf answered that the developer is not proposing to fill any of the wetlands at this time. Mr. Rohlf went on to state that staff is recommending that slopes over 30% are also protected by easements to minimize erosion into the ponds. Mr. Rohlf stated that all of these issues will be addressed in greater detail when the plat is brought back the Planning Commission at a later date. Jeff Salli, 11919 190th Circle NW, questioned what businesses would be in this development. Steve Rohlf answered that Super America was proposed in the northwest corner of the plat. However, future development of the Outlot is also expected. Mr. Salli questioned what financial or tax incentives the developer would be receiving from the City. Mr. Rohlf answered that no tax incentives or financial aid has been applied for at this time. Mr. Salli asked why all of these businesses were suddenly interested in locating in Elk River if there weren't any tax incentives. Mr. Salli also stated that he didn't feel anybody would benefit from the proposed developments as they are only creating low paying jobs. Mr. Rohlf responded that the desire to locate in Elk River is a function of the population of the City. Gary Santwire questioned who had ownership of the wetlands outside of the plat. Mr. Rohlf responded that the large wetland to the south is partially within the plat, but the one on the east side is actually outside of the plat but under the same property ownership. Peter Logas, 11380 192nd Avenue, questioned who clear cutting of trees on the north side of 193rd was due to the property being rezoned to PUD. gave approval for the Avenue and if this Steve Rohlf responded that commercial land use, and that made the clear cutting of the this property was rezoned to PUD with a commercial development of the property property necessary due to the terrain. John Weicht stated that he was unaware until this meeting that there was a statutory time limit for approving a preliminary plat. Peter Beck, City Attorney, stated that preliminary plats have to be acted on within 120 days or it is deemed approved. Mr. Weicht answered that he would prefer that this item is tabled another month so that he could consider this new information. Carl Harris, 11357 192nd Avenue NW, questioned what tax incentives were offered to the developers. steve Rohlf answered that there were none requested at this time. Mr. Rohlf stated that the Planning Commission should continue this meeting . . . Planning Commission Minutes August 25, 1992 Page 4 until the September Planning Commission meeting so that the applicant can have time to consider the statutory time limit. COMMISSIONER EBERLEY MOVED TO CONTINUE THE PUBLIC HEARING ON THE PRELIMINARY PLAT AND VARIANCE FOR ELK PARK CENTER EAST TO THE 9/22/92 PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. COMMISSIONER MINTON SECONDED THE MOTION. Commissioner be resolved by did not feel the developers Spotts questioned whether the trunk facility issue would the September 22nd meeting. Mr. Rohlf answered that he it would, but this continuation of the hearing would give some time to consider the time limitation. THE MOTION CARRIED 7-0. 7. Consider Conditional Use Permit by Super America/P.H. Janelle Szklarski stated that Super America is requesting a conditional use permit to locate a new facility at the southeast corner of the intersection of Highway 169 and 193rd Avenue. Ms. Szklarski stated that this parcel will need to be served by City sewer and water before any approval can be given. Because the issue of how to extend sewer and water to this site is not yet resolved, staff is recommending that this item be tabled indefinitely until that issue is resolved. At that time the public hearing would be readvertised and notices sent out again. Peter Beck, City Attorney, stated that this is the same reasoning used for the Elk Park Center East preliminary plat. Chairman Nadeau opened the public hearing. No one appeared at this time. COMMISSIONER EBERLEY MOVED TO CONTINUE THE PUBLIC HEARING REGARDING THE CONDITIONAL USE PERMIT REQUEST FOR SUPER AMERICA TO THE 9/22/92 PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0. . 8. Consider Conditional Use Permit Request for Temporary Classrooms by Church of St Andrew/P.H. Janelle Szklarski, Zoning Assistant, stated that the Church of Andrew received a conditional use permit in 1988 to allow temporary classrooms for a. two year period. In 1990, the church built additional permanent classrooms and requested that the conditional use permit for the temporary classrooms be extended for two more years. The Church of St. Andrew is now requesting a 5 year extension for the conditional use permit. Ms. Szklarski went on state that staff is recommending denial of the request as the classrooms were meant to be temporary in nature and staff does not feel that allowing an additional 5 years would be keeping with the intent of the ordinance. Ms. Szklarski also stated that if the classrooms are allowed to continue, the building department will be mandating that all building codes are met for a Type E . . . Planning Commission Minutes August 25, 1992 Page 5 occupancy. Some of handicap accessibility, number. the changes required by the code would include bathrooms and a State certified inspection Larry Toth, trustee for the Church of St Andrew, stated that the church is requesting a 5 year extension because it would take at least that long to scale down their class sizes. He stated that the church is not prepared at this late date to make new arrangements for the children which would be displaced if these classrooms were not allowed to remain. Chairman Nadeau opened the public hearing. Gary Keifenheim, who serves on the education committee for the of St Andrew, stated that it would be a severe hardship for the if these temporary classrooms had to be removed immediately. He that the minimum time that the church would need is one year in to plan what to do with the additional students. Church church stated order There being no further comments, Chairman Nadeau closed the public hearing. Commissioner Johnson questioned how the State defines "temporary"? Ms. Szklarski stated that according to buildings are treated that as if they are no 'special codes for temporary "E" the State, all "E" occupancy were permanent structures. There occupancy buildings. Chairman Nadeau questioned whether the Church could bring the temporary structures up to code? Larry Toth answered that he felt that most of these items could be met with the exception of the bathrooms. Mr. Toth was unsure whether each individual classroom had to have a bathroom within the facility or if the facilities could be connected to the building. Commissioner VanValkenburg questioned whether a conditional use permit would still be required if the classrooms were brought up to code. Ms. Szklarski answered that the building code is separate from the zoning ordinance and the conditional use permit would still need to be extended. Peter Beck, City Attorney, stated Council can not grant exceptions conditional use permit process safety issues. that the Planning Commission and City to the building code through the as these codes deal with health and Commissioner Johnson stated that she would like to see the conditional use permit renewed for one year with the condition that the classrooms be brought up to code compliance as deemed acceptable by City Staff. Chairman Nadeau stated that he felt one year would be an appropriate compromise. . . . Planning Commission Minutes August 25, 1992 Page 6 Larry Toth stated that the Church of St Andrew would need at least three years to step down the class sizes. Commissioner Eberley stated that she felt the renewal date should not be in August, but earlier in the year so that plans can be made for the following school year. Commissioner Minton stated that as long as the buildings are brought up to code he had no problem with extending the conditional use permit. Commissioner VanValkenburg stated that he felt if the church spends all the money to upgrade the classrooms to building code requirements, an extension of longer than one year should be granted. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE CHURCH OF ST ANDREW TO ALLOW TEMPORARY CLASSROOM STRUCTURES SUBJECT TO THE FOLLOWING STIPULATIONS: 1. THAT THE TEMPORARY CLASSROOMS BE BROUGHT INTO COMPLIANCE WITH THE BUILDING CODE. 2. THAT THIS CONDITIONAL USE PERMIT IS VALID FOR TWO YEARS, BUT THAT THE PROCESS TO RENEW OR EXTEND THE CONDITIONAL USE PERMIT SHOULD BE STARTED EARLIER. COMMISSIONER EBERLEY SECONDED THE MOTION. Commissioner Tveite questioned the amount of time the church would be given to comply with the code. Steve Rohlf, Building and Zoning Administrator, stated that Cliff Skogstad, Building Official, will be responsible for enforcing the building code and his discretion will be used in determining appropriate time limits. THE MOTION CARRIED 6-1. Commissioner Spotts was opposed to the request as he felt that this was continuing an improper/illegal situation by not being in compliance with the building code. The church had 4 years to bring these classrooms into compliance and they are now asking for an additional 5 years. 9. Consider Alteration of Nonconforming Sign by the Bank of Elk River/P.H Janelle Szklarski, Zoning Assistant, stated that the Bank of Elk River is requesting to add an additional sign in the newly landscaped triangular piece of land on the east side of the bank building. Ms. Szklarski outlined the three standards which must be met before such a request can be approved. She further stated that staff is recommending denial as the applicant does not meet the standard of bringing the signage into greater compliance with the sign ordinance. Ms. Szklarski stated that the bank has not offered to remove any of the existing signs but rather they wish to add more signage. Ms. Szklarski stated that .the ordinance would allow a nameplate sign or directional sign both of which could not exceed 4 sq. ft. in area. . . . Planning Commission Minutes August 25, 1992 Page 7 Edmond Babcock who serves on the Board of Directors for the Bank of Elk River addressed the Planning Commission at this time. He stated that the bank is requesting a 54 sq. ft. sign which would be attached to a rock placed at the triangular piece of land acquired from the old Sipe Service Station. He stated that this is a prime entrance into the community. He feels that the sign they are requesting will be a wonderful addition to the community and would serve as a identification marker for the site. Chairman Nadeau opened the public hearing. Greg Johnson, 11880 Highland Road, stated that he is in favor of the sign request because the bank has done a nice job in adding amenities to the City with the acquisition of Sipe's Service Station property. Commissioner VanValkenburg agreed with Mr. Johnson's sentiments. Ed Babcock stated that he had reviewed the City Sign Ordinance and felt that the recently acquired Sipe property could be viewed as a separate premise and, therefore, would be allowed to have a separate sign. Peter Beck, City Attorney, stated that if this was the case, then a sign advertising the Bank of Elk River on a separate parcel would be considered an off premise sign and it would have to meet the requirements of that ordinance. Mr. Beck went on to say that staff would review this location to see if it would meet those requirements. Mr. Babcock stated that the Bank would like to have an answer as soon as possible regarding this sign. Therefore, in an effort to keep the process moving they would be willing to remove one of the pylon signs on the Main Street side in order to accommodate the additional sign. Janelle Szklarski stated that if one of the existing freestanding signs was removed, it would change staff's recommendation, as the request would then meet the three standards for alteration of a nonconforming sign. There being no further comments, Chairman Nadeau closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PROPOSED 54 SQ. FT. SIGN ON THE EAST SIDE OF THE PROPERTY BE ALLOWED PROVIDED THAT THE PYLON SIGN ON THE MAIN STREET SIDE IS REMOVED. THIS RECOMMENDATION IS SUBJECT TO THE INTERPRETATION ON OFF PREMISE SIGNAGE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 10. Consider Preliminary Plat and Conditional Use Permit Request for Cherryhill Bluffs by Rick Foster/P.H. Steve Rohlf, Building and Zoning Administrator, stated that the request is to create 10 single family lots along Dodge Avenue and 192nd Avenue. The property is currently zoned PUD and is located between the Deerfield 4th Addition and the Hillside Estates Addition. Mr. Rohlf . . . Planning Commission Minutes August 25, 1992 Page 8 stated that this property is zoned PUD, however, the lots would basically be subject to the R-1c standards in regards to lot size, frontage and setbacks. The applicant was requesting a 6 ft. garage side setback. Mr. Rohlf stated that staff is recommending approval of the preliminary plat and conditional use permit subject to the stipulations outlined in the memo dated August 18, 1992. Chairman Nadeau opened the public hearing. Peter Logas, 11380 192nd Avenue NW, questioned how close the lots are to the pond. Mr. Rohlf answered that the protected by easements in erosion, etc. steep slopes leading to the pond are an effort to minimize the affects of soil Peter Logas then questioned how much fill would be needed to be brought in for these lots? Mr. Rohlf answered that the developer would will be required to submit a development plan which will determine the amount of fill needed. Mr. Logas questioned what covenants, if any, would be part of the plat and how trees would be protected. Mr. Rohlf answered that the City does not enforce or dictate covenants for plats and that the trees on the steep slopes would be protected through easements which would limit vegetative alterations. Mr. Rohlf went on to state that the developer of this plat also developed the Hillside Estates Plat where a forester was hired to help with issues pertaining to trees. He stated that the developer will want to save as many trees as possible in order to increase the value of the lots. However, the homeowner always has the right to remove the trees at a later date. There being no further comments from the public, Chairman Nadeau closed the public hearing. Commissioner Johnson asked staff to refresh the Planning Commission's memory on why this property was originally zoned as PUD. Mr. Rohlf stated that originally the request was to rezone all of this property to commercial. However, this property was left as a residential PUD to buffer the existing residential homes to the east. Commissioner Minton questioned the preservation in this plat. precautions taken for tree Rick Foster, the developer, stated that no trees would be removed for installation of utilities. However, some may be required to be removed during house construction. Commissioner Eberley asked if the erosion control plan for this site was sufficient. . . . Planning Commission Minutes August 25, 1992 Page 9 Mr. Rohlf stated that the steep slopes development plan for each lot is through the building permit process. streets during house construction may over 30% are protected. A required which will be enforced A clause regarding erosion to the be added to that development plan. Commissioner Eberley also questioned the future easement needed for an overflow to the pond on the west side of 192nd Avenue and whether that needed to be addressed at this time. Mr. Rohlf answered that he needed to confer with the property owner about the proposed easement as this property was not part of the plat. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT FOR CHERRYHILL BLUFFS AS WELL AS THE CONDITIONAL USE PERMIT CITING STAFF'S MEMO DATED AUGUST 18, 1992, AS FINDINGS OF FACT SUBJECT TO THE SIX STIPULATIONS OUTLINED IN STAFF'S MEMO. COMMISSIONER EBERLEY ALSO ADDED THAT EMPHASIS BE PLACED ON PRESERVING TREES DURING THE CONSTRUCTION PROCESS. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 11. Consider Conditional Use Permit and Preliminary Plat Park Center West by John Weicht and Associates and Brokerage/P.H. Request for Elk Midwest Co~ercial Steve Rohlf, Building and Zoning Administrator, introduced this item. He stated that the applicants are requesting a preliminary plat to create fOur commercial lots. The preliminary plat involves the northern portion of the parcel contained in the PUD. Mr. Rohlf stated that the applicant is also requesting a conditional use permit for the entire PUD project. This CUP would address the general site plan issues. The developer is proposing to develop the property in two phases, with Phase I containing the northern property and the proposed CUB site, and Phase II being located on the southern half of the property and containing a proposed Menards and Walmart. At this time John Weicht, one of the developers gave a brief presentation of his proposed project. Mr. Weicht stated that the businesses interested in locating in Elk River have certain requirements, such as having the parking lot facing a major highway, and combinations of certain uses. Mr. Weicht stated that only the Phase I portion of the PUD is being planned for right now. Mr. Weicht also stated that the developers are not requesting any TIF financing for this project. He stated that this project will be a benefit to the community as it will provide additional jobs. At this time Steve Rohlf outlined several concerns as stated in his memo dated August 19, 1992. TRAFFIC - Terry Maurer, City Engineer, briefly summarized his memo dated 8/19/92 and the traffic study prepared by Maier Stewart & Associates. Mr. Maurer stated that the main road going through the project needs to align with Highland Avenue as it is the only thru street on Jackson Avenue and, therefore, would facilitate the implementation of controls such as signals and four-way stop signs in . . . Planning Commission Minutes August 25, 1992 Page 10 the future, if needed. Any other alignment would create conflicting traffic movements. Mr. Maurer also addressed the number of accesses to the proposed development site off of Jackson Avenue. He stated that the developer is proposing four, however, staff is recommending that only two remain. Mr. Maurer went on to address the traffic study. He stated that if this property were fully developed as proposed, it would generate roughly 22,000 additional vehicle trips per day. Mr. Maurer summarized four recommendations in regard to the traffic study: 1. That the intersection of Freeport Avenue and School street be signalized when Freeport is extended through this project. 2. That the signal at Highway 169 and school Street provide for left turn movements onto the highway. 3. That bypass lanes or a four-lane highway be constructed on Jackson Avenue and School Street. 4. That a four-way intersection is created at Jackson Avenue and Highland Road, that Jackson remain the thru street with stop signs being placed on Highland and Freeport into the development. UTILITIES Mr. Maurer stated that a feasibility study was conducted on this site. The study found that sanitary sewer was available through the intercepter located south of School Street. This sewer could be extended north to service this site and then cross Highway 169 to service property east of that Highway. The issue of water to serve this site was more difficult due to a change in elevation and the pressure needed to serve this site. The Feasibility Study indicated that a new well and tower to serve both the east and west sides of Highway 169 would be needed. STORM DRAINAGE Mr. Maurer stated that a regional pond for storm water retention is planned to be located on the east side of Highway 169. Staff recommends using a sedimentation pond prior to the run-off reaching the regional pond. ENVIRONMENTAL Steve Rohlf stated that an Environmental Assessment Worksheet is mandatory for this project and that once the information is gathered and reviewed by the appropriate agencies, the City Council will determine whether or not an Environmental Impact Statement is required. Mr. Rohlf also stated that an Indirect source Permit (ISP) is required by MPCA. This permit addresses the amount of traffic and noise as well as air quality due to this development. The ISP process will take approximately 6 to 9 months to complete. LANDSCAPING Bill Weber, City Planning Consultant, stated that his firm had reviewed the site plan for internal circulation, signage, lighting, landscaping, setbacks, etc. A landscape architect from their firm has specifically reviewed the landscape plan proposed by the developer and was suggesting some changes including buffering of the commercial use from the residential properties to the west, increased setbacks from Jackson Avenue in order to accommodate a berm with plantings to facilitate the buffering, visual affects along Highway 169 . . . Planning Commission Minutes August 25, 1992 Page 11 in regards to keeping some of the existing trees, several grading issues, the improvements along the parking lot, etc. Mr. Weber stated that in an effort to unify this site, the developer should coordinate the signage, lighting, exterior materials, landscaping, etc. PATHWAYS Steve Rohlf stated that the Park and Recreation Commission should specifically address this issue in regards to pedestrian use and bike traffic. FEES Mr. Rohlf stated that the developer will be paying for a portion of the signal to be located at Highway 169 and 193rd Avenue. Other fees include seal coating for the proposed streets, park dedication, consultant costs, and trunk sewer and water lines and roads. USES Mr. Rohlf stated that staff is recommending that a site plan review by the Planning Commission is conducted for each individual use within the Planned Unit Development. Mr. Rohlf reiterated the Commission's finding at the time of rezoning that the types of uses in this PUD are important due to its location next to residential properties. Commissioner Eberley stated that she was disappointed that the traffic study was conducted in the summer when the affects of the school traffic could not be felt. Terry Maurer addressed her concern stating that previous traffic counts from as early as 1980, which were done during the school year, were used to determine growth patterns in the area. Therefore, the affect of bus traffic and school traffic in general was considered in the traffic study. Commissioner Eberley stated that her concerns with the entire PUD request were safety issues such as traffic and lighting for parking lots, utilities and storm drainage. At this time, Chairman Nadeau opened the public hearing. Phil Johnson, 19440 Holt Street, representing the Citizens Who Care Committee read a prepared statement to the Planning Commission. Mr. Johnson outlined several of their concerns regarding the proposed request. a. Mr. Johnson was concerned that the City not move too rapidly in reviewing this request, but rather make calculated moves in an effort to make good judgement. b. That the City be given time to digest the traffic study. c. What are some of the socio-economic ramifications of this type of development? For example, will property values be lowered because of the development. d. The affects of the development of the existing retail businesses, the police department, fire protection, and streets. e. The affects of the development on traffic, crime, air and noise pollution. . . . Planning Commission Minutes Augllst 25, 1992 Page 12 f. The issue of who pays for the extension of utilities to this site. g. Because there are so many questions and so much at stake with project, Mr. Johnson requested that the City mandate that an is conducted. Finally, Mr. Johnson stated that he felt the should deny project. this EIS City Bill Jones, 11763 194th Avenue NW, questioned what became of the studies the City had conducted on how the City should build up their business district? He felt that all of the effort and money used in these plans should be put to use in planning this development. Mr. Jones continued that the City has a vacant mall right now and it did not make sense to allow a new development to go in when the existing developments can not be filled. Mr. Jones was additionally concerned with the environmental impacts of this development and he felt that the property was too small to accommodate this size of a development. steve Rohlf stated that several studies have been conducted including the Focus Area studies, the Government Design Team, and the Downtown Redevelopment Plan. Mr. Rohlf stated that these are not stagnant documents but are used on an ongoing basis. These documents were referenced when the property was originally rezoned. Roger Scherer of the Elk River Mall stated that the "but should be used in order to determine what the developer for. He felt that if the water tower is not needed, "but development, the developer should pay for this. He further traffic is already congested on School street and that the traffic created by this development would unmanageable. for" test should pay for" the stated the additional Gary Santwire stated that there are a number of questions left unanswered with this proposed development and that the preliminary plat, conditional use permit or other approvals should not be granted until all of the questions are answered. Wes Ensrud, 19351 King Circle, stated that the City should look to other cities with these types of commercial developments as examples of the location of retail uses and their proximity to schools. Melinda Gains, 19418 Holt street, was concerned with the affects that this development would have on wildlife in the area. Ms. Gains stated that with the recent clear cutting of wooded areas in the vicinity, she has noted a substantial decline in the wildlife near their property. Ms. Gains also questioned the affect of the new water tower on properties currently serviced by wells. Terry Maurer, City Engineer, addressed this question stating that the proposed water tower would most likely be located on the east side of Highway 169, northeast of Hillside Estates Addition. Mr. Maurer stated that generally City wells are deeper and use a different aquifer, therefore, no affect on residential wells should be felt. . . . Planning Commission Minutes August 25, 1992 Page 13 Phil Johnson questioned discretion to dictate the development. whether the PUD zoning types of uses that are gives the City the allowed in this Steve Rohlf added that the PUD Agreement can outline the types of uses allowed and can control the intensity of development, however, the specific tenants should not be controlled through the PUD Agreement. Phil Johnson stated that he did not feel that the site would be adequately served by and would have no adverse affect on public utilities (sewer, water, and streets). Therefore, all of the standards for a conditional use permit have not been met. John Bogart with John Oliver & Associates, stated that he is working with Mr. Weicht on the proposal. He stated that they have no final plans prepared because they wish to incorporate the public's comments and concerns into the design of the plan. Mr. Bogart briefly addressed the environmental issues related to the request including the EAW and ISP. Mr. Bogart stated that these approvals take time and that no construction can begin until all of the approvals are granted. Mr. Bogart stated that one of the central issues they wish to resolve at this meeting is the proposed alignment of Freeport Avenue where it intersects with Jackson Avenue (191-1/2 Avenue or Highland Road). Greg Johnson, 11880 Highland the amount of traffic currently development on that traffic. was needed on this subject. Road, stated that he was concerned with on Jackson and the affects of the He stated that he felt community input Charlie Blesener, 19360 Norfolk, stated that he did not feel Highland Road would make a very good collector as it has poor lighting and is very curvy with tight setbacks to buildings. Mr. Blesener questioned how many east/west trips on Highland Road would be generated from this project. Terry Maurer, City Engineer, estimated that currently Highland serves about 1,500 cars per day. Assuming a 5% growth per year, 2,000 cars can be expected on Highland by 1997. Mr. Maurer continued that the proposed development would generate approximately 50% growth in the amount of cars on Highland Avenue or 3,000 cars per day. Larry Farber, 19404 Norfolk, concurred with Mr. Blesener. Mr. Farber was concerned with the affects of the commercial development on all of the residential area near this development. Doug Dill, 12891 Mississippi Road, stated that he felt the proposed development would have a negative impact on the existing businesses. Mr. Dill went on to state that the City should encourage the development of a Mallon Highway 10 instead of Highway 169. Dennis Anderson, 18943 Jackson Road, stated that he has been following the progress of this project since it was first proposed as he is one of the few remaining residential properties on the east side of Jackson Avenue. Mr. Anderson stated that since the development was first . . . Planning Commission Minutes August 25, 1992 Page 14 proposed he has not seen any changes in the proposal. He stated that the developer should come up with a plan for the City to review. The City should not spend all this time trying to design the plan for the developer. Mr. Anderson questioned the developer as to whether he was flexible with the alignment of Freeport Avenue with Highland Road and whether the project could go forward if the connection was made at Highland Road. John Weicht stated that the 191-1/2 Avenue connection is very important to their development. Mr. Weicht stated that they are not trying to rush the process, but rather to address more than one issue at a time. He does not expect that answers will be gained from this meeting, but rather input on the development proposal. Mark Lavelle, 11783 19lst Ave. NW, was concerned with the buffer zones along Jackson Avenue and questioned whether the building would face the highway or Jackson Avenue. Commissioner Eberley felt the proposed development could be worked into a Planning Commission workshop discussion where they could seek additional input from the developer and the Citizens Who Care Committee. Commissioner Tveite stated that he felt that the two most important issues related to this request were traffic and the environment. Commissioner VanValkenburg stated that he felt that it was unfair to the developer to tie this project up for too long. Commissioner Minton stated that he felt that it was premature to have more public meetings on this issue until some of the questions, in particular the environmental questions, are answered. In addition, Commissioner Minton stated that he agreed with the City Engineer on the alignment of Freeport and Highland. Chairman Nadeau asked for additional input from the Planning Commission on the road alignment issue. Commissioner spotts and VanValkenburg stated that they agreed with staff on the Highland Avenue alignment. Commissioner Eberley and Johnson stated that they were not ready to commit to a specific alignment at this time as this was one small detail and there were a number of broader questions which needed to be answered first. Commissioner Johnson went on to state that she felt the traffic study should be more regional in nature and should have a broader scope. COMMISSIONER JOHNSON MOVED TO CONTINUE THE PUBLIC HEARING ON THIS ITEM DUE TO THE LACK OF INFORMATION AND MANY UNANSWERED QUESTIONS. NOTIFICATIONS SHOULD BE RESENT AND REPUBLISHED WHEN A DATE IS DETERMINED. COMMISSIONER TVEITE SECONDED THE MOTION. Steve Rohlf stated that staff is recommending that all reviews be completed and looked at together in order to get a comprehensive review of the project. Mr. Rohlf stated that this is likely to take some time. . . . Planning Commission Minutes August 25, 1992 Page 15 Peter Beck, city Attorney, stated that in the case of plat, the 120 day time limit does not apply because not submitted all of the information in regard to this this preliminary the applicant has request. THE MOTION CARRIED 7-0. Phil Johnson, Citizen's Who Care, stated that much work was needed on the development plan before a workshop discussion could be held. John Weicht responded that he would like the opportunity to meet with Citizens Who Care to discuss their concerns. A 10 minute recess was taken at this time. 12. Consider Ordinance Amendment to Section 720 (Mineral Excavation) and Section 900.31 (Excavation, Grading, and Filling)/P.H. Janelle Szklarski, Zoning Assistant, stated that two ordinance amendments were proposed. Section 900.31 will regulate excavation, grading and filling activities in which the material remains on site. Chairman Nadeau opened the public hearing. There being no one for or against the matter, Chairman Nadeau closed the public hearing. commissioner Minton felt that "incidental excavation",was not clearly defined. After discussing this point, the Commission concurred that some discretion by staff would be needed to interpret this section of the ordinance. However, they did not feel that the wording needed to be changed. Commissioner Minton that the "et seq." notation on the last page of the ordinance was not appropriate usage of this term. Ms. Szklarski explained that the intent of this section was to subject all excavation, grading, and filling activities to the requirements of the 1991 Wetland Conservation Act and future amendments to the Act. Peter Beck, City Attorney, stated that he had reviewed the proposed the ordinance amendment and recommended no changes to it. COMMISSIONER MINTON MOVED TO AN ORDINANCE AMENDMENT TO AND FILLING" WITH REMOVAL OF AMENDMENTS TO THIS ACT." THE MOTION CARRIED 7-0. RECOMMEND TO THE CITY COUNCIL APPROVAL OF SECTION 900.31 TITLED "EXCAVATION, GRADING "ET SEQ." AND ADDITION OF "AND FUTURE COMMISSIONER EBERLEY SECONDED THE MOTION. Ms. Szklarski stated that the second ordinance amendment involves Section 720 titled "Mineral Extraction." This ordinance would regulate mineral extraction activities which involved the removal of material from the site. Ms. Szklarski noted that the City Council at their August 17, 1992 meeting recommended that the definition of "ongoing" be extended from 180 days as proposed by staff, to two years. Chairman Nadeau opened the public hearing. There being no one for or against the matter, Chairman Nadeau closed the public hearing. . . . Planning Commission Minutes August 25, 1992 Page 16 Commissioner Minton stated he felt the layout of the ordinance was confusing. Commissioner some latitude subject them activities. spotts stated that the intent of the ordinance was to give for residential excavation activities so as not to to all of the requirements of commercial excavation Commissioner Eberley questioned whether the ordinance addressed where the fill would be taken to once it is removed from the site. Ms. Szklarski stated that this could be addressed through the conditional use permit and licensing process. Commissioner Minton suggested that Section 720.02(2) be added as an exception under Section 720.04. Commissioner Eberley stated that Section 720.06(10) found on page 7.49 which deals with the Comprehensive Rehabilitation Plan should include the return of vegetation to the site as well as subsoil and top soil. She went on to state that Section 720.10(6)(c) found on page 7.52 which deals with cover and plantings should include a statement regarding adding trees to the site when appropriate. Chairman Nadeau stated that the addition of trees could be looked at through the conditional use permit process on an individual basis. Commissioner Eberley stated that section 720.20 "surety Bond" on page 7.54 should also include other forms of security such as a "Letter of Credit" to give flexibility. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF SECTION 720 "MINERAL EXTRACTION" WITH THE CHANGES AS NOTED IN THE ABOVE DISCUSSION. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 13. Consider Action Plan Proposed on the Screening and/or Relocation of Custom Motor's Salvage Yard Steve Rohlf, Building and Zoning Administrator, stated that at the June Planning Commission meeting, the Planning Commission recommended that decisions be delayed regarding Custom Motors to allow them time to develop an action plan which would consider the alternatives for their business. Mr. Rohlf continued that he had not yet received an action plan. However, he had had recent discussions with Roy Anderson, a landscape architect working with Custom Motors on the possibility of screening the use. Mr. Rohlf stated that money is available from the State to help with screening and/or relocation, but only if the property is rezoned. However, by rezoning the property, the 5 year amortization period would begin. COMMISSIONER MINTON PAST 12:00 MIDNIGHT. MOTION CARRIED 7-0. MOVED TO CONTINUE THE PLANNING COMMISSION MEETING COMMISSIONER EBERLEY SECONDED THE MOTION. THE . . . Planning Commission Minutes August 25, 1992 Page 17 Robert Miller, attorney for the Custom Motor's owners, distributed an action plan to the Planning Commission. This action plan was made part of the public record. Mr. Miller stated that the decision as to whether to relocate or screen is very difficult due to a number of factors including economic and environmental implications. He stated that the owners are willing to due some cosmetic improvements in the short term, but that the ultimate action, whether it is relocation or screening, would have to be a joint process with the City due to the heavy expense involved. Mr. Miller stated that it was not sensible to have a huge capital outlay to screen the facility if the owners were going to be required to move. Mr. Miller stated that Custom Motors is anticipating 3 to 5 years to implement temporary changes to the facility. At that time a longer term solution could be developed. In regards to the proposed rezoning of the property to residential, Mr. Miller stated that the long and narrow shape of the parcel does not readily lend itself to residential development. He also stated that there was no immediate need for an answer to this property as the lack of City utilities in this area has delayed potential for development. Commissioner spotts questioned why the owners could not have the screening accomplished more quickly? Mr. Miller stated that the owners were planning to remove some of the vehicles in an effort reduce the size of the junk yard during that initial time frame. He also stated that due to the expense involved in screening that more time would be needed. Steve Rohlf, Building and Zoning Administrator, stated that the felt the earlier years of the process should include a Phase II Environmental Audit, as this was a major issue in the decision of whether to relocate or just screen the junk yard. Commissioner Eberley questioned why the environmental audit was needed? steve Rohlf answered that this area has been a junk yard for over 30 years and that it was very likely that there was some contamination in this area. Commissioner Eberley stated that the City should review how other communities in the area where handling similar situations. Commissioner spotts recommended reviewing recent actions taken in the City of Blaine, Andover, and Washington Avenue in Minneapolis. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO CONTINUE THIS ITEM UNTIL THE 9/22/92 PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY SO THAT THE ACTION PLAN WHICH WAS DISTRIBUTED COULD BE REVIEWED MORE THOROUGHLY. COMMISSIONER EBERLEY SECONDED THE MOTION. Discussion ensued regarding financial incentives available for the junk yard as well as the cost of landscaping and screening. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes August 25, 1992 Page 18 14. Review of Tax Increment Financing Plan for Tax Increment Financing District No. 10 Janelle Szklarski, Zoning Assistant, briefly reviewed the Tax Increment Financing Plan for TIF District No. 10. Commissioner Eberley stated that she was concerned with the length of the district as she felt that 15 to 16 years to repay the debt was extensive. She was also concerned with the reconciliation of the budget listed in the information and the pay back schedule in Exhibit D. COMMISSIONER SPOTTS MOVED TO APPROVE RESOLUTION 92-2, A RESOLUTION OF THE ELK RIVER PLANNING COMMISSION FINDING THE HOUSING AND REDEVELOPMENT AUTHORITIES TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO 10 LOCATED WITHIN DEVELOPMENT DISTRICT NO 1 TO BE CONSISTENT WITH THE COMPREHENSIvE PLAN FOR THE CITY OF ELK RIVER. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Eberley stated that she would like the reconciliation question answered prior to the City Council reviewing this plan. 14.1 Other Business Commissioner Eberley stated that she and Commissioner Minton had recently visited the Big Lake Town Board. She stated that they are considering resurrecting their Planning Advisory Board. 15. Adjournment There being no further business, COMMISSIONER JOHNSON MOVED THE MEETING. COMMISSIONER TVEITE SECONDED THE MOTION. CARRIED 7-0. TO ADJOURN THE MOTION The meeting of the Elk River Planning Commission was approximately 12:40 a.m. adjourned at Respectfully submitted, qa.J~6iflaML Janelle Szklarski Zoning Assistant