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10-25-2005 PC MIN MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 25, 2005 Members Present: Acting Chair Stevens, Commissioners Lemke, Offerman, Ropp, Scott and Westgaard Members Absent: Chair Anderson Staff Present: Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Scott Clark, Community Development Director; Terry Maurer, City Engineer; Debbie Huebner, 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 6:30 p.m. by Acting Chair Stevens. 2. Consider 10/25/05 Planning Commission Agenda MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE OCTOBER 25, 2005 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3.1. Consider 9/27/05 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE SEPTEMBER 27, 2005 MINUTES WITH THE FOLLOWING CHANGES: PAGE 3 – DELETE DUPLICATE PARAGRAPH – CHAIR ANDERSON CLOSED THE PUBLIC HEARING”. PAGE 10 – ITEM 5.11. - MOTION SHOULD READ, “MOTION SECONDED BY COMMISSIONER LEMKE”. MOTION CARRIED 6-0. 3.2. Consider 9/13/05 Joint Meeting Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ROPP TO APPROVE THE SEPTEMBER 13, 2005 JOINT MEETING MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend November 21, 2005 City Council Meeting Commissioner Lemke will attend the November 21, 2005 City Council meeting. Planning Commission Minutes Page 2 October 25, 2005 --------------------------- 5.1.Request by NRG Energy, Inc. to Amend Conditional Use Permit CU 03-32, Public Hearing – Case No.CU 05-2-0 Environmental Administrator Rebecca Haug presented the staff report for the request by NRG Energy to amend their Solid Waste Facility License and Conditional Use Permit. Ms. Haug reviewed the proposed language changes. Acting Chair Stevens opened the public hearing. There being no one to speak to this issue, Acting Chair Stevens closed the public hearing. MOTION BY COMMISSIONER WESTGAARD, SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY NRG ENERGY TO AMEND THEIR CONDITIONAL USE PERMIT, CASE NO. CU 05-20, WITH THE CHANGES OUTLINED IN THE STAFF REPORT DATED OCTOBER 25, 2005. MOTION CARRIED 6-0. 5.2.Request by Kevin Meland for Conditional Use Permit to Allow Mining, Public Hearing – Case No. CU 05-18 Report on this request presented by Environmental Administrator Rebecca Haug. The applicant requests a conditional use permit to mine 7.14 acres. She explained that approximately 24,000 cubic yards of material are proposed to be mined within two years, so a rezoning and license are not required. Commissioner Ropp stated that the letter from the Army Corps strongly recommended that the mining depth not exceed 3 feet, and that the conditional use permit allows up to 6 feet. Ms. Haug stated that an Army Corps of Engineers’ representative was present and the Technical Evaluation Panel meeting, and that the majority of the agencies were comfortable with the 6-foot mining depth. Commissioner Lemke asked for clarification on Condition #1. Ms. Haug explained that the public has 30 days in which to appeal the decision that a license is not required. She stated that there are only 3 or 4 days left of the 30 days and no comments have been received. Acting Chair Stevens opened the public hearing. There being no one to speak to this issue, Acting Chair Stevens closed the public hearing. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY KEVIN MELAND FOR A CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: 1.STAFF’S DECISION ON THE MCA IS NOT OVERTURNED ON AN APPEAL. 2.MR. MELAND RECEIVES APPROVAL FROM SHERBURNE COUNTY PUBLIC WORKS TO ACCESS COUNTY ROAD 1 FOR HAULING. 3.ALL WORK IS COMPLETED WITHIN TWO (2) YEARS OF PROJECT APPROVAL. 4.THE MAXIMUM DEPTH FRO THE POND IS SIX (6) FEET AND SLOPES ARE A MAXIMUM OF 6 TO 1. 5.ALL SPOILS REMOVED FROM THE WETLAND ARE DEPOSITED ON UPLAND AREAS. Planning Commission Minutes Page 3 October 25, 2005 --------------------------- MOTION CARRIED 6-0. 5.3.Request by 7040 Lakeland Partners, LLC for Conditional Use Permit to Amend the Elk Ridge Center PUD Agreement, Public Hearing – Case No. CU 05-19 Staff report presented by Planner Chris Leeseberg. The applicant requests an amendment to the Planned Unit Development Agreement for Elk Ridge Center in order to revise the placement of the six buildings on the site. Mr. Leeseberg reviewed the changes to the plan, parking and circulation, landscaping and signage. He noted that except for the placement of the buildings on the site, the revised plan is consistent with the originally approved plan. Mr. Leeseberg also noted that a revised landscaping plan is needed which reflects the changes made on the site. Acting Chair Stevens asked if the clock tower feature is to be relocated. Daniel Green, architect for the project – Explained the changes to the plan. He noted that the clock tower will now be centrally located on a larger, landscaped island. A daycare center will now occupy the site formerly proposed for a smaller Class I restaurant. He reviewed the location of pedestrian crossings and the revised landscaping plan. Acting Chair Stevens asked if there was an additional storm water retention pond on the new plan. Mr. Green stated that the pond areas shown on the east side of Holt Street are dry and that the ones on the west will be lined and will hold water. Commissioner Offerman asked what the reason was for re-designing the building layout. Mr. Green stated that the plan was developed when working the prospective tenants to make the plan more marketable. Acting Chair Stevens felt there should be some type of screening for the service/delivery area, since it has been moved from the sides of the buildings to the back facing the residential area. Mr. Green stated that the site previously designated for a small restaurant will become an eyewear/eye care use. He stated that they are considering incorporating shared parking areas, which would reduce the amount of asphalt on the site. Commissioner Ropp asked if the size of the restaurants has changed. Mr. Green noted that the ratio of retail to restaurant uses is nearly the same. Acting Chair Stevens opened the public hearing. Antonio Luciano, 19757 Irving Street – Asked if there would be any changes in the zoning of the site. Mr. Leeseberg stated no. Mr. Luciano stated his concerns regarding more tenants in the multi-tenant building that originally proposed. Mr. Green explained that the building would have a flexible design to accommodate 8 – 10 tenants. John Hempel, representing the applicant - Stated that their intent was 1,000 square foot or larger tenant spaces, and stated that there may only be four tenants, depending on the type of user. Planning Commission Minutes Page 4 October 25, 2005 --------------------------- Mr. Luciano stated that the residents are concerned about what type of businesses will be going in and the impact on their properties. Mr. Hempel stated that the concept has not changed, just the location of the buildings. Mr. Luciano stated that they still have problems with the development, but that he likes the new layout better. He had concerns with the pond on the corner near the proposed daycare. Mr. Hempel stated that the daycare outdoor area will be fenced. Mr. Luciano asked there will be any changes to the berm behind the 3- phase building. Mr. Hempel stated that the hill has been graded to its permanent elevation. Acting Chair Stevens asked if the landscaping plan meets the requirements. Mr. Leeseberg stated that staff has checked the site and found the perimeter landscaping meets the plan. Mr. Luciano stated that some of the homeowners in the immediate area are having a difficult time selling their homes. He felt this was in part due to the uncertainty of potential buyers as to what the area will look like when it is fully developed. He asked if Mr. Hempel could provide pictures to show to buyers. Mr. Hempel stated that they have just completed colored renditions of what the site will look like and that he would be happy to provide them to Mr. Luciano for the residents. Lou Pertl, 19796 Lowell Street – Asked if the City will require the developer to abide by the restrictive covenants for Brentwood. Acting Chair Stevens stated that enforcing covenants is outside of the Planning Commission’s purview and that the residents would need to seek outside counsel on this issue. Commissioner Lemke asked what the building would look like. Mr. Leeseberg stated that all buildings will be required to meet the design standards. Acting Chair Stevens asked if the square footage for the multi-tenant building has changed. Mr. Leeseberg stated no. Commissioner Lemke stated that he did not see any reason not to approve the request. Commissioner Offerman stated that the request seems reasonable. He had some concerns with the elevation facades, the metal roof, and questioned if the quality was what they saw in the original plan. He also had a concern about the loss of a Class I restaurant in exchange for a vision center. He did not see any major issues with the request. Mr. Hempel stated that the square footage of the total restaurant area is approximately the same. Commissioner Offerman stated that he objected to lighting on the bank building, and that it did not meet the full cut off requirement. He asked that a condition be included that all building mounted fixtures and lighting be full cut off. Commissioner Scott questioned why the three buildings were clustered. Mr. Hempel stated that this type of clustering is called “junior boxes” and the design was based on input from users. There being no one else to speak to this issue, Acting Chair Stevens closed the public hearing. MOTION BY COMMISSIONER LEMKE, SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY 7040 Planning Commission Minutes Page 5 October 25, 2005 --------------------------- LAKELAND PARTNERS, LLC FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK RIDGE CENTER PUD AGREEMENT, CASE NO. CU 05-19, WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.ALL OUTSTANDING ISSUES FROM THE ORIGINAL PUD NEED TO BE RESOLVED. 3.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 4.A LANDSCAPE PLAN SHALL BE PROVIDED THAT IS CONSISTENT WITH THE ORIGINAL PUD. MOTION CARRIED 6-0. 5.4.Request by 7040 Lakeland Partners, LLC for Site Plan Approval of Multi-Tenant Commercial Building, Public Hearing – Case No. SP 05-10 Planner Chris Leeseberg reviewed the applicant’s request for an 18,600 square foot multi- tenant building, with 14,600 square feet of retail space and a 4,000 square foot restaurant. He noted that the plan is consistent with the original approved PUD site plan. He discussed parking and access issues. He noted that a fire access to the back of the building needs to be provided and the applicant is working with the fire chief to address this issue. Mr. Leeseberg reviewed the overall design of the building, elevations, North Woods Theme, design materials, and the facades of each elevation. He stated that more detail is needed to create pattern and rhythm at the pedestrian scale on the east elevation. Mr. Leeseberg reviewed staff’s recommendations, noting that he was comfortable removing Condition #3, as his concerns have been addressed. Daniel Green, architect for the project – Reviewed the landscape plan, elevations, building and roof materials. He noted that a heavy shingle could be used instead of the metal roof, although he felt that the metal roof would be attractive, and was longer lasting. The lighting will face downward, and over the walkways into the buildings. He stated that the metal panel and masonry band will carry all around the building. Mr. Green discussed possible changes to the west elevations. He noted that tenants prefer not to have windows on the back side of the buildings, especially restaurants because that is usually where their kitchens are located, and suggested some type of detail over the rear doors, instead. Mr. Green stated that he has discussed an access to the back of the building for emergency vehicles only, with a hard surface that could be covered with turf; or installing a bollard that would prevent vehicles from using the access, but could be easily knocked down by a fire truck. He stated that providing an drive aisle all around the building would have an significant financial impact by reducing the size of the building, and also a number of trees would be lost. Commissioner Scott questioned where the refuse enclosure will be located. Mr. Green stated that it will be located on the south side near the front of the building, and the enclosure construction materials which match the building. Acting Chair Stevens suggested a gable-type structure over the rear doors and false windows to break up the façade. He proposed a condition be included to address the fire access, if it was not covered by Code requirements. Planning Commission Minutes Page 6 October 25, 2005 --------------------------- Acting Chair Stevens opened the public hearing. Antonio Luciano, 19757 Irving Street – Expressed concern with the trash enclosure. He asked what the height of wall would be. Mr. Hempel stated that that wall will be 8 feet high, and that the refuse container will appear since its elevation is lower than the building. Mr. Luciano asked where the snow would be stored. Mr. Green stated that there will be a significant area for snow storage. Mr. Hempel stated that they may use surmountable curb in these areas in order to push the snow over it easily. Mr. Luciano asked what will prevent parking along Irving. Mr. Hempel stated that if this area becomes a fire lane, it will be striped and signed no parking. Mr. Leeseberg stated that parking is not restricted on Irving, but it could be looked at if it becomes a problem. Mr. Luciano stated that he was in favor of including more stone in the building materials, and also to use a heavier roofing material. He felt the berm would help to control garbage from blowing across the site to the residential area. There being no one else to speak to this issue, Acting Chair Stevens closed the public hearing. Commissioner Westgaard stated that he would like the west elevation to be similar to the east elevation, and to add gables over the doors as suggested by Acting Chair Stevens. He stated that he was not in favor of creating a new access off Irving for the fire lane and supported the developer’s suggestion. He stated that he liked the overall plan for the building. Commissioner Offerman stated that he did not support the metal roof and would prefer the use of a heavy asphalt shingle. He stated that he had a problem with requiring a fire access lane all around the building, since the intent is to reduce runoff. He stated he also would rather see a surmountable curb with an access as proposed by the developer. He also wanted a condition included to address the downward lighting. Commissioner Scott stated that he also was in favor of asphalt shingles. He asked for clarification on the berm and plantings. Mr. Hempel explained. Commissioner Scott stated that he supported the request. Mr. Hempel explained how an emergency access could be created by installing an aggregate base, covering it will soil and planting grass. He noted that there are a number of devices that could be installed to prevent motorists from driving on the surface. He stated that if they are forced to “lop off” a part of the building, this would have a significant financial impact on the project. Commissioner Ropp asked for clarification on the east elevations. Mr. Green explained the changes. Commissioner Ropp asked if pedestrians would be able to walk from one end of the buildings to the other under a roof. Mr. Green stated yes, that there would be a generous sidewalk. Commissioner Ropp stated that he support the fire lane concept proposed by the developer, rather than a driveway. Acting Chair Stevens asked if the City had an ordinance regarding hours of operation for trash service. Mr. Leeseberg stated yes. Acting Chair Stevens stated that he also would like Planning Commission Minutes Page 7 October 25, 2005 --------------------------- to see gables over the doors on the west elevation, and the grass surface fire lane, to minimize the amount of asphalt. Commissioner Lemke asked why a condition is needed to address the lighting, since it is already included in the design standards. Discussion followed regarding the lighting for the US Bank. Acting Chair Stevens felt that the lighting should be checked, if complaints have been made. Commissioner Offerman stated that there was an issue of interpretation as to whether or not the lighting design standards apply to the wall mounted lighting. Commissioner Lemke stated that the design standards address “all exterior lighting”. MOTION BY COMMISSIONER LEMKE, SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY 7040 LAKELAND PARTNERS, LLC FOR A CONDIIONAL USE PERMIT FOR SITE PLAN APPROVAL OF A MULTI-TENANT COMMERCIAL BUILDING, CASE NO. SP 05-10, WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.ALL ELEVATIONS SHALL BE DESIGNED WITH THE SAME LEVEL OF DETAIL, CHARACTER AND ARCHITECTURE AS SHOWN ON THE EAST ELEVATION. ALL EXTERIOR FIXTURES MUST HAVE DOWNWARD DIRECTED 3. LIGHT SOURCES (FULL CUT-OFF) 4.THE EAST ELEVATION SHALL PROVIDE RECESSED ENTRIES. 5.FIRE ACCESS LANE(S) SHALL BE APPROVED BY THE FIRE CHIEF. 6.THE BUILDING SHALL MEET ALL BUILDING CODES. 7.THE BUILDING SHALL MEET ALL FIRE CODES. 8.A LANDSCAPE PLAN THAT COMPLIES WITH THE APPROVED PUD SHALL BE SUBMITTED. MOTION CARRIED 6-0. 6. Other Business 6.1. Update on 10/17/05 City Council Meeting Acting Chair Stevens provided an update on the November 17, 2005 City Council meeting. ---------- Community Development Director Scott Clark discussed the issue of significant changes being made to projects/plats between Planning Commission review and City Council review. He stated that he will try to address how communication can be improved. --------- Mr. Clark noted two items for discussion at the November 14 Planning th Commission workshop: 1) the northeast corner of the intersection of Highway 169 and 197 Avenue; and, 2) neighborhood meeting regarding the concept plan for th property east of County Highway 40, east of the Turner property, and south of the Holzem property. ---------- Commissioner Offerman noted that the Natural Resources Inventory Task Force needs to meet again. Mr. Clark stated that the issue will be discussed on the December workshop agenda. Planning Commission Minutes Page 8 October 25, 2005 --------------------------- 8. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER OFFERMAN TO ADJOURN THE MEETING. MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 8:12 p.m. Respectfully submitted, Debbie Huebner Recording Secretary