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08-23-2005 PC MIN MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 23, 2005 Members Present: Chair Anderson, Lemke, Offerman, Ropp, Scott, Stevens and Westgaard Members Absent: None Staff Present: Michele McPherson, Director of Planning; Chris Leeseberg, Planner; John Anderson, Assistant City Engineer; Phil Hals, Street Superintendent; 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 Chair Anderson. 2. Consider 8/23/05 Planning Commission Agenda MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE AUGUST 23, 2005 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGES: ITEM 5.2. – REQUEST BY THE SINGER GROUP, LLC FOR PRELIMINARY PLAT (SINGER ADDITION), PUBLIC HEARING – CASE NO. P 05-15 - POSTPONED TO THE SEPTEMBER 27, 2005 MEETING ITEM 6.2. – ADDED – RESOLUTION RECOGNIZING SERVICE OF DIRECTOR OF PLANNING MICHELE MCPHERSON MOTION CARRIED 7-0. 3.1. Consider 7/26/05 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE JULY 26, 2005 MINUTES. MOTION CARRIED 7-0. 3.2. Consider 8/9/05 Planning Commission Special Meeting Minutes MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE AUGUST 9, 2005 SPECIAL MEETING MINUTES. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend September City Council Meeting Commissioner Anderson will attend the September 19, 2005 City Council meeting. Planning Commission Minutes Page 2 August 23, 2005 --------------------------- 5.1.Request by AMT Minnesota, LLC for Conditional Use Permit to Construct a Retail Facility (Tractor Supply), Public Hearing – Case No. CU 05-15 Planner Chris Leeseberg presented the request by AMT Minnesota, LLC for a conditional use permit to construct a 23,630 square foot Tractor Supply Store in Elk River Crossing 6 th Addition. He reviewed the location of the project, surrounding uses, layout of the building and outdoor storage, building materials, signage, parking and circulation and landscaping, and staff’s recommendations. Mr. Leeseberg stated that staff recommends approval of the request with the seven conditions listed in the staff report to the Commission dated August 23, 2005. Chair Anderson opened the public hearing. There being no public comment, Chair Anderson closed the public hearing. Commissioner Stevens asked if staff feels the parking stall requirement issue will be resolved. Mr. Leeseberg stated that staff will re-evaluate the number of parking stalls required, since they were not aware of the amount of warehouse space in the building. Director of Planning Michele McPherson stated that she felt once this process is complete, the applicant will meet the City’s requirements. Commissioner Ropp asked what the fence around the outdoor storage area would look like. Barry Brottlund, representing Tractor Supply, stated that the fence would be 7 – 8 feet high and constructed of wrought iron. Mr. Brottlund spoke to the parking stall issue, stating that the retail floor area is 16,300 square feet. He noted that they have an additional half- acre of land available for future parking. Mr. Brottlund explained that research of their stores indicates they attract 150 – 200 customers per day, averaging out to 50 per hour weekdays, and between 200 – 350 customers per day on weekends. He stated that they have less customers than other large retailers, but than an average purchase is $450. Therefore, he felt that the number of parking stalls would meet their needs. Commissioner Stevens asked if the entire fence would be wrought iron. Mr. Brottlund stated yes. Commissioner Westgaard asked the applicant if they are only requesting a sign on the north and west and would not be requesting a monument sign. Mr. Brottlund stated that was correct. Commissioner Offerman asked if the applicant has considered using some brick with the wrought iron for the fence. Mr. Brottlund stated that they would consider using brick pilasters across the front of the fence, and around the corners for approximately 50 feet, so that there would be one or two brick pilasters on the sides, as well. MOTION BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE REQUEST BY AMT, MINNESOTA FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A RETAIL FACILITY (TRACTOR SUPPLY), CASE NO. CU 05-15, WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.THE WEST, SOUTH AND EAST ELEVATIONS SHALL PROVIDE AT LEAST AN 18” OFF-SET IN THE ELEVATION. Planning Commission Minutes Page 3 August 23, 2005 --------------------------- 3.THE TRASH ENCLOSURE SHALL BE WITHIN AN ENCLOSURE CONSTRUCTED OF THE SAME MATERIALS AND COLORS AS THOSE USED IN THE BUILDING. 4.TWO WALLS SIGNS SHALL BE ALLOWED IN LIEU OF A MONUMENT SIGN. 5.THE NUMBER OF PARKING STALLS SHALL MEET THE ORDINANCE REQUIREMENTS. 6.WITH THE EXCEPTION FOR THE AREA BETWEEN THE PARKING AND THE NORTH SIDE OF THE BUILDING, NO OUTDOOR DISPLAY SHALL BE ALLOWED OUTSIDE OF THE FENCED-IN AREA. 7.THE ACCENT BAND SHALL BE INTEGRALLY COLORED OR AS A GLAZED TILE CMU. MOTION BY COMMISSIONER OFERMAN, SECONDED BY COMMISSIONER STEVENS TO AMEND THE MOTION TO INCLUDE THE FOLLOWING CONDITION: 8.BRICK PILASTERS SHALL BE INCLUDED TO ENHANCE THE WROUGHT IRON FENCE ALONG THE FRONT OF THE STORAGE AREA AND APPROXIMATELY 50 FEET DOWN THE SIDES. MOTION CARRIED 7-0. 5.3. Consider Redevelopment Program for Redevelopment District #1, Sherburne County – Public Hearing 5.4. Consider Project Plan for Target Technology Center, Sherburne County – Public Hearing Ms. McPherson provided background information regarding Sherburne County’s purchase of the 76-acre Elk Path Business Center and the proposal to sell 25 acres to Target Corporation for the construction of a Target Technology Center. She explained the process to transfer the land to the Sherburne County HRA, in order to approve a redevelopment program and project plan. Ms. McPherson stated that the Planning Commission is asked to approve a resolution which finds the redevelopment plan and project are consistent with the City’s plans for the development and redevelopment of the City. Staff has analyzed the request and finds that the requested redevelopment program and project plan are consistent with the City’s plan. Ms. McPherson reviewed the land use and zoning of the property. She introduced Sherburne County Attorney Kathleen Heaney, and Sherburne County Commissioners Engstrom and Leonard. Chair Anderson opened the public hearing. There being no public comment, Chair Anderson closed the public hearing. Chair Anderson stated that he felt the proposed project was completely within the City‘s Comprehensive Plan and a good fit for the site. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER LEMKE TO APPROVE RESOLUTION NO. 05-02, A RESOLUTION OF THE CITY OF ELK RIVER PLANNING COMMISSION Planning Commission Minutes Page 4 August 23, 2005 --------------------------- FINDING THAT THE SHERBURNE COUNTY HOUSING AND REDEVELOPMENT AUTHORITY’S REDEVELOPMENT PROGRAM FOR REDEVELOPMENT DISTRICT NO. 1 AND PROJECT PLAN FOR THE TARGET TECHNOLOGY CENTER CONFOROM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY OF ELK RIVER. MOTION CARRIED 7-0. 5.5.Request by Target Corporation for Preliminary Plat (Elk Path Business Center Third Addition, Public Hearing Ms. McPherson reviewed the request by Target Corporation to subdivide a 24.73-acre parcel out of 76 acres in order to construct a second Target Technology Center. She noted that Target currently has a technology center in Brooklyn Park. Ms. McPherson reviewed the location of the property, road connections/access, park dedication recommendations, and issues related to drainage and utilities. She reviewed the changes to the plat based on the revised site plan. She noted that staff is comfortable with a driveway into the site, and that if appropriate, access will line up with Pinewood Estates. Ms. McPherson noted that there will be no access to County Road 30. Staff recommends approval of the request with the five conditions listed in the staff report to the Commission dated August 23, 2005. Commissioner Scott stated that he felt it was important to ensure that the road align with others in the general vicinity, if the property were to be sold in the future to another user. Chair Anderson opened the public hearing. There being no public comment, Chair Anderson closed the public hearing. Commissioner Scott stated that he was in favor of approval with the changes as noted by staff. He felt the low intensity use would benefit the area. MOTION BY COMMISSIONER WESTGAARD, SECONDED BY COMMISSIONER ROPP TO RECOMMEND APPROVAL OF THE REQUEST BY TARGET CORPORATION FOR PRELIMINARY PLAT APPROVAL OF ELK PATH BUSINESS CENTER THIRD ADDITION, CASE NO. P 05-14, WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2.ALL COMMENTS OF SHERBURNE COUNTY BE ADDRESSED. 3.THE APPLICANT SHALL PAY SURFACE WATER MANAGEMENT FEES FOR 24.73 ACRES. 4.THE APPLICANT SHALL PAY FOR PARK DEDICATION IN CASH FOR 24.73 ACRES AND PROVIDE A TRAIL EASEMENT ADJACENT TO COUNTY ROAD 30 RIGHT-OF-WAY. 5.THE APPLICANT SHALL ENTER INTO A DEVELOPER AGREEMENT WITH THE CITY TO ENSURE INSTALLATION OF THE PUBLIC IMPROVEMENTS. MOTION CARRIED 7-0. Planning Commission Minutes Page 5 August 23, 2005 --------------------------- 5.6. Request by Target Corporation for Conditional Use Permit, Public Hearing – Case No. CU 05-16 Ms. McPherson reviewed the request by Target Corporation for a conditional use permit to allow outdoor above-ground storage tanks and loading docks that face the front yard for the Target Technology Center to be located in Elk Path Business Center Third Addition. Ryan Companies is proposing to construct a 159,400 square foot technology center. Ms. McPherson explained that the building would be used to house large banks of computer servers and mainframes which process all transactions from Target Stores nationally and internationally. The conditional use permit is required for the exterior storage tank and six cooling towers which will be located on the south side of the building facing County Road 30. Also, the loading docks will face Waco Street to the west, which is considered a “front yard”. Ms. McPherson reviewed the site layout, driveway, parking, concrete screening wall, security issues, number of employees, landscaping and berming, building materials and design. Staff recommends approval of the request with the six conditions listed in the staff report. Commissioner Offerman questions why there was no fence proposed, if security was a concern and if the proposed wall was continuous. Ms. McPherson stated no, and that the wall was deisgned to prevent a truck from running into the building. She explained that fencing is not part of their security plan, as they don’t want to draw attention to the building. Commissioner Westgaard asked how tall the tank and chillers will be. Ms. McPherson stated that tank is proposed to be 45 feet tall and the chillers will be 31 feet tall. She noted that the screening wall will be 10 feet tall. Chair Anderson opened the public hearing. Lee Koppy of Ryan Companies - Introduced himself and Randy Manthey, also of Ryan Companies. Mr. Koppy stated that they had investigated a number of sites and settled on the Elk River site due to the infrastructure, and rural Business Park setting. He stated that the location provided the opportunity for the building to be “hidden in plain site” and allowed for a 250 foot buffer. He noted that there will be no signs identifying its use. Mr. Koppy explained that the building will be secure and able to withstand a natural disaster. The drainage is designed to withstand back-to-back 100 year storms. He commended the City and Sherburne County in getting them through the process in such a short time. He stated that Target has a very aggressive schedule for this project, since it is vital to the growth of the company. Mr. Koppy noted that there may be the potential for slight changes to the site plan as the process evolves, but that the overall feel should remain the same. Kevin Story, 14148 Mississippi Road – Stated the he lives directly across from the proposed site and had concerns that the operation not intrude on the residents’ quality of life. He stated he approved of the overall site plan and the amenities which are being proposed. He questioned why the storage tank and cooling towers cannot be stored internal to the site and asked what would be stored in the tanks. He also asked if there would be any emissions. He stated that he had concerns with the dock doors facing the residences. Mr. Story stated that he did not have a problem with Target coming in, but would like his concerns addressed. Planning Commission Minutes Page 6 August 23, 2005 --------------------------- Mr. Koppy stated that the building was oriented to take advantage of the southern exposure in order to prevent icing up of the tank and towers in the winter. He stated that they would look at adding additional height to the berm in order to provide a better screening. Mr. Koppy noted that given the distance of the building from the residences, the storage tank and cooling towers will virtually blend in with the building, as will the loading dock doors. Mr. Koppy stated that the storage tank will contain the backup water supply for the cooling system, which is run on water. He stated that the only exhaust will be steam. Commissioner Stevens stated that he liked the overall design of the plan. He stated he has some concern that the building does not meet the design standards regarding breaks in the building facade. He felt that the applicant should try to screen the tank and towers as much as possible to the residential neighborhood south on County Road 30 (Mississippi Road). Commissioner Westgaard asked it would be possible to design the 45-foot storage tank horizontally. Mr. Koppy stated that they looked at this option, and the possibility of two tanks versus one, or to reduce the capacity, but they found that this size is the minimum acceptable size (45 feet high by 45 feet in diameter). He noted that the tank only provides a 4-hour emergency supply. Commissioner Westgaard suggested designing a 31-foot high, 75-foot diameter tank. Mr. Koppy stated that they could study this issue further. Commissioner Offerman stated that he he would have liked to seen the tanks included in the elevation drawings. Mr. Koppy stated these will be provided for the City Council meeting. Mr. Manthey explained that water drips down the sides of the cooling towers and fans blow on the water which provides cool air to maintain proper temperature for the equipment, similar to how a radiator functions. Mr. Manthey also explained that principle of stratifying the water tanks (tall and narrow) to keep it cool, and that spreading the water horizontally (using a wider, shorter tank) would be ineffective. He stated that he understands that people live nearby and that they will further evaluate the berm and plantings. Mr. Manthey stated he did not think it was necessary to require the exposed aggregate, since that the building s would be set back nearly 300 feet and it would not be possible to see that type of detail from that distance. Commissioner Lemke asked if the towers and tanks would be the same color as the building. Mr. Manthey stated yes, they would be same color and would be camouflaged against the building. Mr. Koppy explained that he would like to address the requirement for the 4-foot off-sets per 160 feet of building length. He stated that they would not be able to maintain security if this requirement were imposed, as it would create blind spots for security cameras. He stated that they are willing to work with staff on this issue. There being no further public comments, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER STEVENS, SECONDED BY COMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY TARGET CORPORATION FOR A CONDITIONAL USE PERMIT, CASE NO. CU 05-16, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes Page 7 August 23, 2005 --------------------------- 1.THE BUILDING SHALL COMPY WITH ALL APPLICABLE BUILDING AND FIRE CODES. 2.THE COOLING TOWERS ON THE ABOVE-GROUND STORAGE TANKS SHALL BE PAINTED TO MATCH THE EXTERIOR OF THE BUILDING. 3.THE BUILDING DESIGN SHALL BE MODIFIED TO MEET THE CHANGE IN DEPTH REQUIREMENT OF SECTION 30-1294 (4) D OF THE CITY CODE. 4.THE SCREENING WALL SHALL BE EITHER INTEGRALLY COLORED OR EXPOSED AGGREGATE CONCRETE PANELS. 5.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 6.ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. MOTION CARRIED 7-0. 5.7. Request by New Century Land Development for Land Use Map Amendment from CC (Community Commercial) to UR (Urban Residential), Public Hearing – Case No. LU 05-05 5.8. Request by New Century Land Development for Rezoning from C3 (Highway Commercial) to PUD (Planned Unit Development), Public Hearing – Case No. ZC 05-03 5.9. Request by New Century Land Development for Preliminary Plat (Heritage Maples), Public Hearing – Case No. P 05-16 5.10. Request by New Century Land Development for Conditional Use Permit for Residential Planned Unit Development, Public Hearing – Case No. CU 05-17 Planner Chris Leeseberg reviewed the request by New Century Land Development for a land use map amendment, zone change, preliminary plat and conditional use permit for a residential planned unit development (PUD)) located between the West Oaks subdivision and Highway 10, east of Waco Street and the Big Lake Township boundary. Mr. Leeseberg explained the reasons why staff does not support the land use amendment and rezoning. He reviewed the proposed project layout of lots and streets for the 52 townhouse lots. Staff recommends tabling of the request to the September 27 meeting in order for the applicant th to submit revised plans, building elevations and a revised narrative supporting the request for a PUD. Staff also recommends that the Commission extend the 60 Day Rule another 60 days to November 24, 2005. Commissioner Stevens stated that he was disappointed in the proposal, after the workshop discussion of the project. He asked how the R3 zoning would change the project. Mr. Leeseberg noted that there would be a significant drop in the number of units that would be allowed. Commissioner Offerman asked if all four components of the request are recommended to be tabled. Mr. Leeseberg stated yes. Commissioner Westgaard asked where the service road currently ends. Mr. Leeseberg stated that it stops at Big Lake Township on the east, and at Waco Street in the City of Elk River. Chair Anderson opened the public hearing. Daniel Lestico, 18677 144 Street, Big Lake Township – Asked if the trees he has th planted on the north side of the service road will be impacted, and if there would be a berm Planning Commission Minutes Page 8 August 23, 2005 --------------------------- to help buffer the existing residential neighborhood from the townhomes. He asked if the townhomes would be for seniors only. Also, he asked that the residents be re-notified of the next meeting date, if the request is tabled. Michael Wallace, 19628 144 Street, Big Lake Township – Stated he did not feel the th parcel was large enough to support the number of townhomes being requested. He did not feel it was fair to the existing residents. He asked how the extension of the frontage road would affect the residents and if it would be widened. Assistant City Engineer John Anderson stated that the details on the frontage road are not yet available. Mr. Wallace stated that if the trees are to be affected, he felt the developer should be responsible for moving them in order to save them. Mr. Lestico asked if the lots would have city sewer and water. Mr. Anderson stated yes. Michelle Wallace, 144 Street, Big Lake Township - Asked how the traffic in the th neighborhood would be impacted, since the service road would become a through-street. MOTION BY COMMISSIONER LEMKE, SECONDED BY COMMISSIONER SCOTT TO TABLE THE REQUESTS BY NEW CENTURY LAND DEVELOPMENT FOR A LAND USE AMENDMENT, REZONING, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT FOR HERITAGE MAPLES TO THE SEPTEMBER 27, 2005 MEETING. MOTION CARRIED 7-0. Victor Pacheco, applicant – Stated the even though he was aware their request would be tabled, he still felt it was valuable to meet with the neighbors and the Commission to get their input. Commissioner Stevens stated that the amenities discussed at the workshop meeting such as a community center, trails, picnic area, and commercial component have disappeared. Mr. Pacheco stated that additional materials have been submitted to staff one day prior to the meeting, but Mr. Harlicker did not have time to review them. He stated that the new plan includes sidewalks, a park-like area, and community gathering area. He stated that their research has shown that this is not a good location for commercial uses. Chair Anderson stated that density issues, lack of pedestrian walks, and wetlands need to be addressed, as well as the neighbors’ concerns. MOTION BY COMMISSIONER LEMKE, SECONDED BY COMMISSIONER OFFERMAN TO EXTEND THE 60 DAY RULE AN ADDITIONAL 60 DAYS TO NOVEMBER 24, 2005 FOR THIS APPLICATION. MOTION CARRIED 7-0. 5.11. Request by City of Elk River for Ordinance Amendment to Allow Engineered Fabric Structures in the I1 and I2 Industrial Districts, Public Hearing – Case No. OA 05-12 Ms. McPherson reviewed the proposed ordinance amendment to allow the use of engineered fabric structures as a material for accessory buildings in the I1 and I2 Districts. She reviewed the previous discussion with Street Superintendent Phil Hals regarding the use of the structures for storage and accessory buildings. Staff is proposing that the ordinance amendment not include a conditional use permit requirement, as there is no way to apply those standards. Planning Commission Minutes Page 9 August 23, 2005 --------------------------- Chair Anderson opened the public hearing. There being no public comment, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 30-938, TO ALLOW THE USE OF ENGIENERED FABRIC STRUCTURES AS A MATERIAL FOR ACCESSORY BUILDINGS IN THE I1 AND I2 ZONING DISTRICTS. MOTION CARRIED 7- 0. 5.12. Request by City of Elk River for Ordinance Amendment to Section 30-1 to Amend the Definition of “Lot Area”, Public Hearing – Case No. OA 05-13 Ms. McPherson reviewed the proposed amendment to the City’s Land Use Regulations regarding the lot area definition to require one acre of contiguous buildable area on Lots in the R1a and A1 zoning district. She noted that this issue is one of the reasons the Singer Addition preliminary plat request was tabled. Commissioner Scott stated that he could foresee some creatively-shaped lots. Ms. McPherson stated that staff will review unusually shaped lots and make a determination, and if an applicant objects to their interpretation, they would have the option of appealing the decision to the Board of Adjustments. Chair Anderson opened the public hearing. There being no public comment, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER STEVENS TO APPROVE AN ORDINANCE AMENDMENT TO SECTION 30-1, AMENDING THE DEFINITION OF LOT AREA. MOTION CARRIED 7-0. 6.1. Update on August 15, 2005 City Council Meeting Commissioner Scott provided an update on the August 15, 2005 City Council meeting. 6.2. Recognize Director of Planning Chair Anderson stated that Director of Planning Michele McPherson has taken a position with Mille Lacs County as the Building and Environmental Services Administrator. He read a resolution recognizing her six years of service to the City of Elk River. MOTION BY COMMISSIONER LEMKE, SECONDED BY COMMISSIONER OFFERMAN TO APPROVE RESOLUTION 05-01, A RESOLUTION RECOGNIZING THE CONTRIBUTIONS AND SIX YEARS OF SERVICE OF DIRECTOR OF PLANNING MICHELE MCPHERSON. MOTION CARRIED 7-0. 8. Adjournment There being no further business, MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER STEVENS TO ADJOURN THE MEETING. MOTION CARRIED 7-0. Planning Commission Minutes Page 10 August 23, 2005 --------------------------- The meeting of the Elk River Planning Commission adjourned at 8:55 p.m. Respectfully submitted, Debbie Huebner Recording Secretary