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07-24-1990 PC MIN r' 'e i (i MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, JULY 24, 1990 Members Present: Chairman Kimball, Commissioners Nadeau, Eberley and Johnson Members Absent: Commissioner Schroeder Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant, and Tim Keane, City Attorney 1. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order by Chairman Kimball at 7:00 p.m. 2. Consider 7 /24/90 Plannin~ Commission M:enda Item 10.1 "Workshop Agenda" , Item 10.2 - "1990-1991 Planning Commission Budget", and Item 10.3 - "Miscellaneous" were added to the agenda. COMMISSIONER EBERLEY MOVED TO COMMISSION AGENDA AS AMENDED. MOTION. THE MOTION CARRIED 4-0. APPROVED TO COMMISSIONER THE 7/24/90 PLANNING NADEAU SECONDED THE 3. Consider 6/26/90 Plannin~ Commission Minutes COMMISSIONER JOHNSON MOVED TO APPROVE THE 6/26/90 PLANNING COMMISSION MINUTES. COMMISSION EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Plannin~ Commission Representative to Attend the 8/20/90 City Council Meetin~ It was indicated that Chairman Kimball would attend the 8/20/90 City Council meeting. 5. Consider Conditional Use Permit by Elk River Development Corp. (Outlot A)/Public Hearin~ Stephen Rohlf, Building and Zoning Administrator, explained that the Elk River Development Corporation is proposing to develop Outlot A of Deerfield 3rd Addition. The proposed development called for three commercial uses on the parcel (specialty food store, a restaurant, and a satellite bank operation). Mr. Rohlf also explained that since the property is within a Planned Unit Development, a conditional use permit is required and the seven standards for a conditional use permit must be met. He went on to explain that staff is recommending that the property be developed under the C-2 standards, which would allow less intensive commerical development. Chairman Kimball opened the public hearing. ,/~ e ~ Ie .- . Planning Commission Minutes July 24, 1990 Page 2 Arlon Fuchs-266 Elk Hills Drive, questioned what uses were allowed in the C-2 zoning district. Mr. Fuchs explained that he was concerned wi th the specialty food: store and restaurant proposed. He was also concerned with the amount of traffic generated by these uses, which was estimated at 5,000 trfps per day. Stephen Rohlf listed the uses allowed in the C-2 zone, and explained that this zone is frequently used as a buffer betw~en more intensive commerical and residential uses. Mr. Rohlf further explained that staff is recommending that Dodge Avenue be upgraded to four lanes from Elk Hills Drive to 189th Avenue. Mark Cramer-242 Elk Hills Drive, stated that he was concerned with the food store and restaurant because of the night time hours that these types of uses typically have. Mr. Rohlf stated that, staff's recommendation would allow uses which have hours more compatible with residential uses. He also stated that hours of operation could be limited through the PUD agreement. Mr. Rohlf stated that staff is also recommending a 30 ft. buffer of green space along Dodge Avenue, which would be bermed and have plantings on top of it. , Dick Gongoll of First National Bank, stated that they are proposing the satelli te bank in the southern lot of Outlot A. He stated that in order for the business to be profitable in a location it must have access and traffic. He also stated that there are limited sites available within the sewer and water district, which have such accessibility. John Youngquist-11344 Elk Lane, stated that he was concerned with the intersection of Dodge Avenue and Elk Hills Drive as it is already a major problem. In particular he had concerns with the stacking of traffic at that intersection. Mr. Youngquist also stated that the affects of Deerfield 4th Addition have not yet been felt on this intersection. Stephen Rohlf explained that staff's recommendation was to keep the most intense uses to the southern end of Outlot A so as to have less mixing of commerical and residential traffic. He stated that the proposed bank is a conditional use within the C-2 zone, and therefore, if staff's recommendations were adopted, the bank would still need to go through the conditional use permit process which would require another public hearing. Earl Hetrick-271 Elk Hills Drive, stated that he was particularly concerned with the hours of operation for the restaurant. Mr. Hetrick was concerned that hours set through the PUD Agreement, could be subject to change at a later date. Steve Rohlf stated that the PUD Agreement is a legal and binding document, however, amendments are always possible. Ed Wortman-18857 Dodge Street, questioned whether a service road was possible from 193rd Avenue to Elk Hills Drive. Stephen Rohlf explained that a frontage road was proposed at one time, but that it would not work physically. Bill Christian-18847 Dodge Street, stated that he would like to see a wider buffer strip along the commerical property. He also stated that e . ~" e Planning Commission Minutes July 24, 1990 Page 3 there were problems with being notified for the public hearing. Steve Rohlf explained that if Dodge Avenue were upgraded it would be a minimum of 46 feet wide with the 30 ft. buffer in addition to that. Mr. Rohlf also stated that notification is done according to the property tax books, which are updated on yearly basis. Ed Wortman questioned if a second street, parallel to Dodge, would work, possibly having two one way streets to access this site. Steve Rohlf stated that if a street ran along Highway 169 it would not allow any stacking of traffic. Kathy Hansen-11366 190th Court NW, stated that there are a number of children in Deerfield 3rd Addition, and that she is concerned with the non-motor activity in this area. Steve Rohlf explained that a four lane Dodge Street would only help where traffic was concerned. He also explained that a pathway along Dodge Avenue is recommended by staff. Carrie Christen-11378 189th Avenue, stated that she agreed that the proposal would generate too much traffic when considering the amount of children in the neighborhood. Steve Rohlf suggested that the City Engineer could look at the possibility of installing a three way stop sign at the intersection of Dodge Avenue and 189th Street. Tim Christen-11378 l89th Avenue, questioned what the traffic estimates would be if C-2 uses were allowed on this parcel instead. Chairman Kimball stated that C-2 uses would generate a different type of traffic, which would result in less frequent trips. Steve Rohlf explained that staff would still recommend that Dodge Avenue be upgraded to four lanes even if C-2 uses were approved. He also stated that a traffic study was needed for this area to determine how much traffic this area can handle. Mark Cramer-242 Elk Hills Drive, stated that he was worried that if this proposal were approved people would avoid left hand turns onto Dodge due to traffic congestion, and take an alternative route into Elk Hills and through Deerfield 3rd. John Youngquist-11344 Elk Lane, questioned whether there was additional right-of-way available, and if Dodge Avenue could be moved over to the east to eliminate the "s" configuration, which presently exists. Steve Rohlf stated that although it was desirable to eliminate the "s" configuration, if Dodge Avenue was moved to the east it would result in a situation where the intersections were not aligned, and that would be dangerous as well. Jerry Hansen-11366 190th Court, questioned whether there would be medians in the upgraded Dodge Avenue. Steve Rohlf stated that there would be no medians. Mr. Hansen stated that it would be difficult for residents to back out of their driveways onto this busy street. Mr. Rohlf added that it would be desirable to construct new driveways in such a way to avoid backing into the street. . Ie re Planning Commission Minutes July 24, 1990 Page 4 Lou Pollack of Elk River Development Corporation, questioned where the figure of 5,000 trips per day came from. Steve Rohlf stated that, the City Engineer, Terry Maurer, had come up with this figure using figures generated by the Minnesota Department of Transportation. These figures are based on the use of the property. Ed Wortman-18857 Dodge Street, stated that the City should also consider the traffic generated by the number of employees that these uses would generate. Steve Rohlf stated that the City did not propose this development; they are reacting to a request from a private developer. Although, the underlying land use of this parcel is commerical, staff is recommending that the low intensity commerical uses be allowed so as to be compatible with the surrounding single family residential uses. Lyle Fisher-21587 Brook Road, stated that much of the traffic generated currently in Deerfield 3rd is due to construction of houses in that area. Eventually this type of traffic will cease as the property develops more fully. Leo Pollack of Elk River Development Corporation, stated that 193rd Avenue could be an alternative access to this site. He also questioned when a traffic light was going to be installed at the intersection of 193rd Avenue and Highway 169. Steve Rohlf stated that it may be a while before the traffic light is installed at that intersection. He also stated that people will begin to use 193rd Avenue as Elk Hills Drive becomes congested. Lou Pollack stated that the northern part of the Deerfield Development will use the 193rd intersection, thereby eliminating some of the traffic congestion at the Elk Hills Drive intersection. Bill Christian-18847 Dodge Street, stated that the majority of the lots within Deerfield 3rd Addition are 80 feet wide, and it is hard to fit a driveway which allows vehicles to turn around on these lots, therefore the majority of homes within Deerfield must back into the busy streets. Steve Rohlf questioned whether the proposed pathway should be on the east side of Dodge instead of the west side of Dodge, since that's where more of the pedestrian traffic would be generated. Tim Christen-11378 189th Avenue, questioned whether on-street parking would still be allowed on Dodge Avenue if it were upgraded. Steve Rohlf stated that Terry Maurer, the City Engineer, will be addressing traffic issues at the City Council meeting, and he will take these comments into consideration. Chairman Kimball closed the public hearing. Steve Rohlf stated that staff is recommending that the proposed upgrading of Dodge Avenue be paid for by the developer. Chairman Kimball stated that he agreed with staff's recommendations regarding the proposed development. Commissioner Johnson stated that she felt Planning Commission Minutes July 24, 1990 Page 5 e the C-2 uses were more appropriate than the C-3 uses. Commissioner Eberley stated that the location of this property dictates that C-3 would be a logical zoning classification, however, C-2 is more appropriate in her estimation because of the proximity to single family residential dwellings. Commissioner Eberley also stated that along with traffic, safety is a number one concern with her, and she felt that possibly a foot bridge over Hwy. 169 would eliminate some of the safety concerns. Commissioner Nadeau stated that he would like to see no development go into this parcel until the intersection of Elk Hills Drive and Hwy. 169 is cleaned up. However, he felt that C-2 uses were more appropriate than C-3. Chairman Kimball stated that there were a number of technical questions which still needed to be answered, but that these would be resolved prior to the City Council meeting in August. Commissioner Johnson questioned whether PUD Agreements had an expiration date. Tim Keane, City Attorney, stated that PUD Agreements bind developers to certain tasks and responsibilities. The expiration of the PUD Agreement is determined by events and not dates. Mr. Keane went on to explain that there is great latitude in PUD Agreements, and that a number of controls could be implemented through this document. e COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO ESTABLISH A PUD REFERENCING STAFF'S MEMO DATED JULY 19, 1990, AS THE FINDINGS OF FACT, AND THAT THE APPROVAL BE SUBJECT TO THE SAME STIPULATIONS AS OUTLINED IN STAFF'S MEMO AND THAT THE FOLLOWING ISSUES BE RESEARCHED FURTHER: 1. THAT THE ISSUE OF PARKING ON DODGE AVENUE BE ADDRESSED BY THE CITY ENGINEER. 2. THAT THE PROPOSED BIKE PATH LOCATION BE DISCUSSED IN FURTHER DETAIL. 3. THAT A TRAFFIC COUNT AND STUDY OF THE AMOUNT OF TRAFFIC THAT THIS AREA IS ABLE TO HANDLE BE CONDUCTED. 4. THAT THE POSSIBILITY OF CONSTRUCTING A FOOT BRIDGE OVER HIGHWAY 169 BE RESEARCHED. 5. THAT THE INTERSECTION OF HIGHWAY 169 AND DODGE AVENUE BE STUDIED TO DETERMINE HOW THE PROPOSED DEVELOPMENT WOULD AFFECT IT. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Consider Conditional Use Permit (Daycare) By 1st Step Preschool/P.H. <,'- Janelle Szklarski, Zoning Assistant, stated that the applicant (Paulette Hanlon) is proposing a preschool, which would accommodate up to 20 children at a time in the existing Central Lutheran Church located at 1103 School Street. Daycare facilities for more than 17 children are a conditional use in the R-4 zone. e Chairman Kimball opened the public hearing. There being no one for or against the request, Chairman Kimball closed the public hearing. e ,'---' (e ~ 'e Planning Commission Minutes July 24, 1990 Page 6 COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR A DAYCARE FACILITY SUBJECTED TO THE SIX STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED JULY 18, 1990. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Consider Conditional Use Permit (Mineral Excavation) By Bauerly Brothers. Inc./P.H. Tim Keane, City Attorney, stated that this request involved a conditional use permit and mineral excavation license to bring a pre-existing mining operation into conformity with the regulations of the Elk River Code of Ordinances. Chairman Kimball opened the public hearing. Chairman Kimball stated that additional information of a technical nature wi 11 be submitted to staff prior to the August City Council meeting. There being no one for or against the matter, Chairman Kimball closed the public hearing. Steve Rohlf stated that among the additional items needed were drainage and grading details. He stated that there is an inconsistency between the picture and the text, of the applicant's reclamation plan. Chairman Kimball stated that he had visited the site earlier, and found that there were few trees, if any, on the site, and that they would ei ther be replaced or saved in accordance with the City's landscape ordinance. Chairman Kimball also stated that he would like to see the property brought back to either pasture or meadow and planted with corn, oats, barley or rye as part of the reclamation plan. Chairman Kimball also stated that he agreed that phase II of the mining operation should be divided into two phases, so that the reclamation can be begin after five or six years. He also stated that, although our ordinance requires 3 inches of top soil to be replaced during reclamation, the existing site has only 1 inch or less of top soil. Therefore, Chairman Kimball is recommending that the Council waive this ordinance requirement. Chairman Johnson questioned if the conditional use permit would be reviewed in two years as she was concerned with the noise involved with the crushing, especially if it were to take place 24 hours a day. Chairman Kimball stated that the permit would run for 10 years. The Elk River Code of Ordinances states that the hours of operation for construction activity shall be from 7:00 a.m. to 7:00 p.m. Therefore, the 24 hours a day crushing would be a departure from the ordinance. Steve Rohlf explained that the Council could waive the 7:00 a.m. to 7:00 p.m. restriction to allow the 24 hours a day crushing operation. He stated that although the 24 hours a day is appropriate right now, since the property surrounding the site is undeveloped, it may not be appropriate as the 10 years progresses. Mr. Rohlf stated that a stipulation to review this situation should be put into place. i . . Planning Commission Minutes July 24, 1990 Page 7 Commissioner Eberley questioned how the reclamation plans were reviewed for compliance. Steve Rohlf explained that an annual inspection would be done to check that the conditions were met. Mr. Rohlf further stated that if future neighbors were annoyed by the 24 hour a day crushing operation, it could trigger a review of this stipulation. Jerry Bauerly of Bauerly Brothers, Inc., stated that the crushing operation is not an ongoing operation. Bauerly Brothers will be crushing in the fall (October and November). Mr. Bauerly stated that in other communities where residents were given a choice between three weeks of crushing at 24 hours a day or 6 weeks of crushing from 7: 00 a.m. to 7:00 p.m., the residents usually chose the 24 hour a day crushing. Commissioner Johnson suggested that if a complaint is made regarding the crushing operation, the operation should be referred back to the 7:00 a.m. to 7:00 p.m. restriction found in the City Code. Tim Keane, City Attorney, stated that if there were complaints regarding the crushing operation, the Planning Commission and City Council should review the permit to see if changes are warranted. Steve Rohlf outlined the technical questions, which need to be resolved prior to the City Council meeting in August. He stated that adjustments are needed to the maps; that the applicant shall test the water table at a test auger hole; that the wetlands are to remain, and that the applicant shall feed them water during the operation so that they will remain wetlands; that silt fencing shall be used around the wetlands; and that two settling ponds shall be retained on the site. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BASED ON THE FINDINGS OF FACT AS OUTLINED IN STAFF'S MEMO DATED JULY 19, 1990. ALSO, THAT THE CONDITIONAL USE PERMIT SHALL BE SUBJECT TO THE STIPULATIONS AS OUTLINED IN STAFF'S MEMO WITH THE ADDITION OF THE FOLLOWING: 1. THAT IF THE 24 HOUR A DAY CRUSHING OPERATION RESULTS IN COMPLAINTS, THAT THE CONDITIONAL USE PERMIT SHALL BE REVIEWED BY THE PLANNING COMMISSION AND CITY COUNCIL FOR POSSIBLE CHANGES TO THAT STIPULATION. 2. THAT THE PLANNING COMMISSION RECOMMENDS THAT THE CITY COUNCIL WAIVE THE REQUIREMENT OF REPLACING 3 INCHES OF TOP SOIL AS PART OF RECLAMATION AND REQUIRE INSTEAD THAT THE PROPERTY BE RESTORED WITH TOP SOIL IN THE AMOUNT THE SITE ORIGINALLY STARTED WITH AND BE RETURNED TO PASTURE OR MEADOW AND COVERED WITH CORN, OATS, RYE OR BARLEY. 3. THAT THE DEVELOPER REPLACE THE EXISTING TREES WITH 2 INCH CALIPER TREES AS PART OF THE RECLAMATION PLAN. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0. . ~ e . Planning Commission Minutes July 24, 1990 Page 8 8. Consider Ordinance Amendment (Land Use and Zonin~ Maps) By the City of Elk River/P.H. Janelle Szklarski, Zoning Assistant, explained that the zoning and land use maps were being amended as part of the implementation of the Focus Area Studies. Chairman Kimball opened the public hearing. There being no one for or against the request, Chairman Kimball closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL THE ADOPTION OF THE LAND USE MAPS FOR AREAS A, B, C & D AS PER STAFF RECOMMENDATION. COMMISSIONER NADEAU SECONDED THE MOTION. Steve Rohlf, Building and Zoning Administrator, stated that the zoning map for the southeastern corner of Area D was inconsistent with the land use map, and that either the land use or zoning map should be changed so as to correct the inconsistency. Tim Keane, City Attorney, reminded the Commission that they should adopt the land use pattern which they feel is best suited for the property. Commissioner Eber ley stated that through the Focus Area Studies, a recommendation to preserve green space along Highway 10 was made. The City Council concurred with that recommendation. Therefore, the land use and zoning map should reflect that recommendation. Steve Rohlf explained that the land use map shown in staff's recommendation shows this property as having an underlying land use of agricultural. Mr. Rohlf stated that this is a departure from the 1988 Growth Management Plan, and that if the Planning Commission felt that it was necessary to preserve green space, this property should be shown as low density residential, not agricultural. Commissioner Eberley withdrew her previous motion with the approval of Commissioner Nadeau. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF THE LAND USE MAP AS RECOMMENDED BY STAFF FOR AREAS A, B, AND C. AREA D SHOULD BE AMENDED TO CHANGE THE LAND USE DESIGNATION OF AGRICULTURAL IN THE SOUTHEASTERN CORNER TO LOW DENSITY RESIDENTIAL. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL THE ADOPTION OF THE ZONING MAPS FOR AREAS A, B, AND C AS PER STAFF'S RECOMMENDATION. THE ZONING MAP FOR AREA D SHOULD BE CHANGED TO REDUCE THE AMOUNT OF C-3 ALONG HIGHWAY 10 SO THAT IT WILL BE CONSISTENT WITH THE LAND USE MAP. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. ~,---- e e ~ e Planning Commission Minutes July 24, 1990 Page 9 9. Consider Ordinance Amendment to Section 900.12 (Permitted. Accessory and Conditional Uses) by the City of Elk River/P.H. Chairman Kimball opened the public hearing. Janelle Szklarski, Zoning Assistant, stated that this ordinance amendment was before the Planning Commission as part of the implementation of the Focus Area Studies. In general the proposed ordinance amendment would restrict the location, size and number of agricultural uses and accessory structures. Ms. Szklarski also stated that temporary trailers used as temporary dwellings while a house is being constructed on a lot should be added as a conditional use in all zones where single family residential uses are allowed. Currently, this requirement is found in the definition of temporary trailer. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT TO SECTION 900.12 AS OUTLINED IN STAFF'S MEMO, DATED JULY 18, 1990, WITH THE FOLLOWING CHANGES: THAT TEMPORARY TRAILERS WHEN USED AS A TEMPORARILY DWELLING WHILE A HOUSE IS BEING CONSTRUCTED BE ADDED AS A CONDITIONAL USE IN ALL ZONES WHERE SINGLE FAMILY RESIDENTIAL DWELLINGS ARE ALLOWED. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10. Consider Ordinance Amendment to Section 900.20 (General Re~ulations) By the City of Elk River/P.H. Chairman Kimball opened the public hearing. There being no one for or against the request, Chairman Kimball closed the public hearing. Ms. Szklarski stated that the changes to this section were to place restrictions on accessory structures within the City of Elk River. The proposed amendment would basically limit the size and number of accessory structures allowed on each parcel. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT TO SECTION 900.20 AS OUTLINED IN STAFF'S MEMO, DATED JULY 18, 1990. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10.1 WorkshoD A~enda Chairman Kimball stated that the next Planning Commission workshop would be held on August 21, 1990. He questioned whether the new Planning Commission members would be approved by that date. Commissioner Nadeau stated that the City Council will be selecting the two new members at their meeting on July 30, 1990, which he will attend. 10.2 1990-1991 Plannin~ Commission Bud~et Chairman Kimball read a letter from Pat Klaers, City Administrator, which stated that the new budget level for the Planning Commission would be in the vicinity of $5,000, and that the Planning Commission should submit their budget request by September 1, 1990. Chairman ,r--- e ie Ii Planning Commission Minutes July 24, 1990 Page 10 Kimball stated that the budget would be discussed at the August 21st workshop. 10.3 Miscellaneous Commissioner Eberley stated that the joint meeting between the Planning Commission and the City Council was scheduled for Thursday, September 13, 1990 from 7:00 to 9:00 p.m. At this time, Commissioner Eberley informed the Planning Commission of recent Council action regarding billboard regulations and the extension to the preliminary plat for Barrington Hills. Commissioner Eberley also distributed pictures of the incinerator at County Market, and questioned staff as to what could be done about this. Steve Rohlf stated he had been directed by Pat Klaers, City Administrator, to look into the situation. 11. Adjournment There being no further business, COMMISSIONER NADEAU MOVED TO ADJOURN THE MEETING. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Planning Commission adjourned at approximately 10:30 p.m. Respectfully submitted, 1 I LnA'." t1fLLt~ qy~ J nelle Szklarski Zoning Assistant