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01-09-2007 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 9, 2007 Members Present: Chair Lemke, Commissioners Anderson, Offerman, Ropp, Scott, Stevens and Westgaard Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Chris Leeseberg, Planner; Terry Maurer, City Engineer; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:38 p.m. by Chair Lemke. 2. Consider 1/9/07 Planning Commission Agenda MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE JANUARY 9, 2007 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION: ADD ITEM 6.3 -UPDATE ON DOWNTOWN REDEVELOPMENT TASKFORCE MOTION CARRIED 7-0. 3. Consider 12/12/06 Planning Commission Minutes The December 12, 2006 Planning Commission Minutes will be considered at the February 13, 2007 Planning Commission meeting. 4. Planning Commission Representative to Attend January 16, 2007 City Council Meeting Commissioner Westgaard will attend the Tuesday, January 16, 2007 City Council meeting, in place of Chair Lemke. 5.1. Request by 7040 Lakeland Partners for Conditional Use Permit for Elk Ridge Center Phase 4 ~Aldi, Inc.), Public Hearing -Case No. CU 06-27 Planner Chris Leeseberg provided background information regarding the request, excerpts of permitted uses from the PUD agreement, and reviewed the December 12, 2006 action by the Planning Commission to table the request. He noted that the Planning Commission felt more design elements needed to be included, and improvement to the pedestrian scape. Mr. Leeseberg reviewed the changes in the design proposed by the developer. He explained that in the staff report to the Commission, staff recommended tabling the item a second time. However, since reviewing the most recent design revisions, which include fabric awnings, Planning Commission Minutes Page 2 January 9, 2007 --------------------------- stone columns, arts and crafts theme, trellis, etc., staff felt the changes reflect the direction given by the Planning Commission from the developer and recommends approval. Chair Lemke opened the public hearing. Paul Motin, City Council liaison to the Planning Commission -Stated his concern was the zero lot line development of the site, since this proposal only includes about one-third of the final building site. He stated that they are not able to see what the final design will be regarding driveways, loading docks, etc. He stated he would like to see a rough design of the final product. He suggested that Aldi's and the developer reconsider their application. He stated that the original developer "sold" the project to the City as an upscale project. He did not feel people would have reason to shop at Aldi's. He stated that Aldi's should consider locating their grocery store on the west side of the City, since there is no grocery store on that side of the city. He stated he would like to see what the rest of the building is going to look like. Antonio Luciano, 19757 Irving Street NW -Stated that according the Comprehensive Plan, they as residents can appeal to the Planning Commission if they are unhappy with a project. He stated that prior to the rezoning, the subject development was designed for pubic/semi public land uses, and the proposal was for urban commercial. He felt the whole area could be considered a nuisance, and this could be taken to court. He felt that having only 20 feet between a residential property and a commercial use was appropriate. John Polden, 11751 196 Avenue NW -Distributed articles from previous editions of the Star News regarding Mayor Klinzing's comments on the proposed project, references to three "junior box" retail, and two Class I restaurants. He stated that Morcon's promises regarding the way the development would be built were not happening. He referenced Leanne Brown's comments in her letter to the editor regarding the Comprehensive Plan. He stated that the trees that have been planted are small and buffer nothing. Mr. Polden stated he agrees with Councilmember Motin's and Mr. Luciano's comments, and that if Aldi's is built, it will be a nuisance to the neighborhood. Mr. Polden stated that Greg Olson was unable to attend but wished his objection to the proposal be included in the record. Mr. Polden stated that there is no buffer for the neighborhood and he objected to the truck traffic. He asked that the original PUD agreement be enforced. Leanne Brown, 19737 Lowell Street NW -Stated her major concern is that the project is not consistent with the original plan which includes a Northwoods theme, the ability to wander from shop to shop, and felt the area would lose its character. She stated that a grocery store with shopping carts and loading docks does not tie with the campus. She felt that the developer was just looking for an anchor tenant. Ms. Brown concurred with the comments that the trees are too small and in a low area which has no buffering effect. She distributed copies to the Commission containing excerpts from the city ordinance regarding conditional use permits. Gary Klais, 19815 Irving Street - He stated that the thrust of the original approval was the Class I restaurants. He stated he did not feel a grocery store would attract a Class I restaurant. He expressed his concern for the truck traffic. He asked that the Planning Commission consider what is best for Elk River. Josh Kriznak of Hemple Properties -Thanked staff for their help throughout the process. He stated that he felt everyone needs to focus on the overall design of the project. He stated that Aldi's is the proposed tenant now, but that tenants change. He stated he is Planning Commission Minutes January 9, 2007 Page 3 aware of the desire of the community for fine dining restaurants, and that a restaurant which is also located in Arbor Lakes is waiting to see what happens with Aldi's, since restaurants need the traffic. He stated that the overall truck traffic pattern would be the same if another junior box tenant were to locate on the site. He stated that Aldi's will likely have one truck a day to the site, and only takes 20 minutes to one hour to unload and be on their way, depending on what type of delivery it is (dairy, produce, dry goods, etc.). He stated that the retail use has been approved. He noted they have added details, the trellis, and more green elements to continue the community friendly development theme. Kent Peabody, 11713 200 Avenue NW -Stated that when fences are built, the good side is given to the neighbor, but they are getting the back side of Aldi's. He felt the use would be annoying, and they would see employees smoking out the back door, and multi-colored dumpsters lined up. He stated that the taxpayers own the common areas of the city and they should be able to post the road as a 3-ton road, thereby keeping out the trucks. He felt there should be ordinances in place to prevent idling and litter and stiff fines for noncompliance. He stated that this is not a Northwoods theme, such as has been done in Cross Lake, which has an outdoor flavor. He stated that these types of developments must be planned, and not just a dream. There being no further public comment, Chair Lemke closed the public hearing. Conunissioner Offerman stated that he did not feel this project comes anywhere near close to the design standards and he could not support it. He felt that the developer could easily get another tenant if the building were to conform to the design standards. He stated he could not believe a Class I restaurant was waiting on Aldi's approval. He felt the revised plans have taken away from progress made, not added to it. He stated that he felt the exposure of the HVAC was not appropriate, and that the massing and scale of the plan was not in keeping with the design standards and he was in favor of a recommendation for denial. Commissioner Stevens stated that he was tired of the harping on Aldi's and that there were no conditions set as to who comes first, second or third to the site. He stated that Aldi's is a permitted retail use, and that he would like to have the three and a half hours of his life back spent discussing Aldi's as the tenant. Commissioner Westgaard stated that he concurred with Commissioner Offerman. He stated it was his fear that as they continue to review buildings in this development, the design standards will become more watered down. He felt the entire building needs to comply with the design standards. He did not feel the drawings and architectural renderings met the design standards and he could not support the request. Commissioner Ropp stated that he felt it was hard to take Aldi's out of the equation, since he has seen Aldi's stores, but that it was not their decision to make whether or not Aldi's was a viable business. He did not feel the design met the Northwoods theme. He did not feel the type of restaurants located in Arbor Lakes would locate here. Commissioner Ropp stated he would not support approval. Mr. Barnhart stated that he understood the comments regarding the zero lot line, lack of buffering, and extension of the wall, but that he was not sure how the design did not meet the Commissioner's expectations regarding the design standards. He asked that they clarify what is missing. He stated that a buffer was not originally required, but that it could be Planning Commission Minutes January 9, 2007 Page 4 included. He stated that the revisions which include the trellis and planters were intended to address the Planning Commission's concerns. He asked what staff should be focusing on. Commissioner Offerman stated that the proposal does not have the "Northwoods" look;; that the elevations are relatively flat with no real variations, although they have added some fascia, "bump-outs", and the trellis. Chair Lemke stated that at a pedestrian scale, the columns don't appear short and wide at the base and are more vertical, only widening slightly at the bottom. He stated that the pictures in the design standards show more of the northwoods look, with low brick, and are over- exaggerated at the base. He did not feel the design looked "tough" or "rugged". Mr. Barnhart stated that staff needs to know what is missing. Commissioner Stevens stated that there could be more outcropping, texturing, less polish, more overhang, trellising and extending the planters, with a textured walking surface. Commissioner Anderson stated that they have heard the residents comments. He agreed with Commissioner Stevens that the use is permitted within the PUD, and that this type of retail should not stop the approval. He felt that a building of this scale is difficult to work into the design standards. He felt the goal would be to work toward more of a broken up look and changes in the roof line. He felt the plan falls short on the west side. He felt that the standards need to be set where the Commission will be comfortable with, for the rest of the buildings that come in. He felt there is a need to screen the service vehicles from the residents' view. He felt the building needs to fit into the neighborhood in a "softer" way. Commissioner Scott stated that he felt the nature of a grocery business takes away from the original goal of apedestrian-friendly, neighborhood feel. In order to support it, more detail is needed. He asked if the sidewalk would be one long section. Mr. Hemple stated it would be poured and tooled. Commissioner Scott stated he would like to see the roof units screened. He stated he would like assurance that the HVAC would not be visible from inside the neighboring residents' homes, as well as pedestrians on the site. He felt improvements could be made to accommodate everyone's needs. He questioned how this building would integrate with adjoining businesses. He felt the east side of the building was better than what they first saw. Discussion followed regarding review of revised plans at a workshop meeting. Mr. Hemple asked what the process would be to table the item. Mr. Barnhart stated the developer must agree to extend the time period action on the request by 60-90 days. Mr. Hempel agreed to the extension. It was the consensus of the Commission to table the request to the February 13, 2007 Planning Commission meeting and to discuss how the design standards can better be incorporated into the plans for the Aldi's store. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO TABLE THE REQUEST BY 7040 LAKELAND PARTNERS FOR A CONDITIONAL USE PERMIT FOR ELK RIDGE CENTER PHASE 4 (ALDI, INC.), CASE NO. CU 06-27, TO THE FEBRUARY 13, 2007 PLANNING COMMISSION MEEETING FOR THE FOLLOWING REASONS: Planning Commission Minutes January 9, 2007 Page 5 --------------------------- 1. MANY OF THE DESIGN ELEMENTS FROM THE DESIGN DATED 11/29/06 BETTER REPRESENTED THE DESIGN STANDARDS FOR ELK RIDGE CENTER. 2. SEVERAL OF THE NEWLY PROPOSED DESIGN ELEMENTS ARE NOT IN KEEPING WITH THE DESIGN STANDARDS AND LESSEN THE PEDESTRIAN EXPERIENCE. 3. THE PLANNING COMMISSION WAS LOOKING FOR AMENITIES ALONG THE EASTERN SIDE THAT PROVIDED A BUILDING/LANDSCAPE FABRIC WITH MORE TEXTURE THAT IS INVITING WHICH IS NOT BARREN STRETCHES OF CONCRETE WITH NO SITE AMENITIES AND WITH THE FOLLOWING CONDITION: 1. THE APPLICANT SHALL AGREE, IN WRITING, TO TABLING THIS ITEM TO THE FEBRUARY 13, 2007 PLANNING COMMISSION MEETING. MOTION CARRIED 7-0. 5.2. Request by John Weicht & Assoc. (Deano's/Precision Frame) for Conditional Use Permit for Expansion, Public Hearing -Case No. CU 06-31 Planner Chris Leeseberg reviewed the location, proposed expansion, site layout, design standards and parking for the request. Staff recommends approval of the request with the conditions listed in the staff report with the exception of # 6, which should be removed based on information received from the contractor. Chair Lemke opened the public hearing. There being no public comment, Chair Lemke closed the public hearing. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY JOHN WEIGHT & ASSOC. FOR A CONDITIONAL USE PERMIT, CASE NO. CU 06-31, WITH THE FOLLOWING CONDITIONS: 1. A VARIANCE SHALL BE GRANTED FOR THE PROPOSED ADDITION `B' 2. THE BUILDINGS SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDINGS SHALL MEET ALL APPLICABLE FIRE CODES. 4. ALL OUTDOOR STORAGE SHALL BE CONFINED TO THE FENCED AREA. 5. ALL OUTDOOR STORAGE SHALL BE SCREENED THROUGH LANDSCAPING AND/OR BERMING TO BE APPROVED BY STAFF. MOTION CARRIED 7-0. 5.3. Request by Super America for a Conditional Use Permit (Mississippi Ridge) Public Hearing - Case No. CU 07-01 Senior Planner Sheila Cartney reviewed the request by Super America to locate a gas station and car wash on Lot 1, Block 1 Mississippi Ridge 2nd Addition. She reviewed the site layout, Planning Commission Minutes January 9, 2007 Page 6 building materials, signage, lighting, comprehensive plan consistency, street layout and accesses and landscaping. She noted that the illumination of the awning is not consistent with the Mississippi Ridge standards and should be removed. Staff recommends approval of the request with the 10 conditions listed in the staff report. Commissioner Stevens stated that variations in the roof lines and building materials should be added. Commissioner Offennan asked for clarification on the lighting of the canopy. Ms. Cartney stated that the lights are under and recessed into the canopy. Chair Lemke opened the public hearing. Barry Morgan of STS, representing the applicant -stated that the light blue Super America letters will be backlit. Site lighting will be recessed, can-mount style. He stated that the residents want the access onto 171 to m;n;mi~e vehicle headlights shining into their homes. Brent Rictor, resident at 171 and Yale, representative of the Mississippi Ridge Homeowners Association -Stated that representatives of the developer and Super America met with them and have addressed their concerns regarding lighting and landscaping. He stated that he was aware when he purchased his home that commercial development was planned for this area. He strongly supported the access onto 171n Avenue to m;n;m;~e the vehicle lights into their homes. Tom Lucas, 17115 Yale Street -Stated that he is pleased with the relationship between the residents and the developer, and their agreement on the landscaping and lighting. He discussed the amount of traffic from Highway 10 and the park-and -ride and did not feel the 171 Avenue access would cause a backup at the stoplight onto Highway 10. Paul Flacka, representing Marathon Oil -Stated they only intend to light the letters of the Super America. He also did not feel allowing the access from the SA onto 171 Avenue would be a problem. There being no one else to speak to this issue, Chair Lemke closed the public hearing. Commissioner Stevens stated that in reviewing the plat design standards, it does not appear the building met the requirements, since there were no significant breaks in the 82-foot building elevation length. Ms. Cartney stated she would work with the applicant to address the issue. Commissioner Stevens suggested a condition of approval be added that the applicant be required to follow the development design standards. Commissioner Stevens asked if alternative fuels would be offered, such as E85. Mr. Flacka of Marathon Oil stated they will be set up to offer them in the future by installing the tanks and dispensers, and will be used for diesel fuel until such time as the E85 dispensers are UL approved. Commissioner Offerman asked if the applicant was willing to install the cut-off design lighting. Mr. Flacka stated that would not be a problem. He noted that the pole lighting will be a "forward throw" design and aimed away from the residents and all lighting will stay within the property or driveway approaches. Planning Commission Minutes January 9, 2007 Page 7 Commissioner Offerman asked the City Engineer if MnDOT has any future plans for this intersection. Terry Maurer, City Engineer, stated that permits are reviewed by an individual who is not involved in the long-term planning. Mr. Maurer stated he is aware there will be one interchange on Highway 10 in Elk River, but MnDOT states they are not in the position to tell us when or where it will go, or how much right of way will be needed. Chair Lemke asked for clarification regarding the controlled access onto 171 Avenue from the site. Mr. Maurer explained that in order to allow access, the plat would need to be re- approved with no restrictions on access onto 171 Avenue. He stated that the property owner was aware of the restriction when the property was platted. He stated that problem is conflicting movements of traffic, and that it is not a capacity issue, it is a safety issue. Discussion followed regarding how to proceed with the request. Commissioner Anderson stated that he felt all conditions should remain as recommended by staff, with the change to allow lighting of the Super America letters. Commissioner Offerrnan suggested adding a condition that all design standards of Mississippi Ridge be met, and all site lighting shall be of cut-off style. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY SUPER AMERICA FOR A CONDITIONAL USE PERMIT, CASE NO. CU 07-01, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED DECEMBER 7, 2006 SHALL BE ADDRESSED. 2. ALL COMMENTS OF MN DEPOARTMENT OF TRANSPORTATION DATED DECEMBER 14, 206 SHALL BE ADDRESSED. 3. THE BUIDLING SHALL MEET ALL APPLICABLE BUILDING CODES. 4. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 5. THE ACCESS ON 171sT AVENUE SHALL BE ELIMINATED. 6. THE DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED WITH THE SAME MATERIAL AS THE PRINCIPAL BUILDING. 7. THE MAXIMUM HEIGHT FOR A MONUMENT SIGN SHALL BE 10 FEET AND THE MAXIMUM SIGN AREA SHALL BE 100 SQUARE FEET. THE MONUMENT SIGN SHALL BE CONSTRUCTED OF BRICK OR FACE BRICK . THE PROPOSED SIGN MEETS THIS STANDARD. 8. THE C-STORE AND THE CARWASH EACH ARE ALLOWED TWO WALL SIGNS NOT TO EXCEED SEVEN PERCENT (7%~ OF THE BUILDING WALL. THE C-STORE'S WALL SIGNAGE IS COUNTED ON THE CANOPY. 9. ALL SITE LIGHTING SHALL BE OF A CUT-OFF CLASSIFICATION. 10. STAFF SHALL WORK WITH THE APPLICATION TO ENSURE THAT THE MISSISSIPPI RIDGE DESIGN STANDARDS ARE MET. 11. THE CANOPY FACIA SHALL NOT BE ILUMINATED WITH THE EXCEPTION OF THE PROPOSED BLUE "SUPER AMERICA" LETTERS. 12. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF LANDSCAPING SHALL BE SUBMITTED AT THE TIME OF BUILDING PERMIT. MOTION CARRIED 7-0. Planning Coxmnission Minutes Page 8 January 9, 2007 --------------------------- 5.4. Request by United Health for Land Use Amendment to Change Land Use of Certain Property from Community Commercial to Light Industrial Public Hearing Case No LU 07-01 5.5. Request by United Health for Zone Change from C3 Highway Commercial to BP Business Park, Case No. ZC 07-02 5.6. Request by United Health for Conditional Use Permit for Data Center Facility Public Hearing -Case No. CU 07-04 Planning Manager Jeremy Barnhart reviewed the request by United Health to allow construction of a data center on the combined parcels of Outlot D of Elk Path Business Center and a portion of Outlot A of Elk Path Business Center 2~d Addition. Mr. Barnhart reviewed the history of the current zoning and land use designation. He felt the changes are appropriate to serve a large land use that was not contemplated at the time the zoning and land use maps were developed. Mr. Barnhart stated that a conditional use permit is required for the above ground storage tanks. He noted that the enclosure for the tanks will be setback from Business Center Drive approximately 450 feet. A wall to screen the storage tank will be 16 feet in height and will match the building, making the wall appear as extension of the building walls. Mr. Barnhart reviewed the parking and circulation, landscaping, and building details. He noted that the City Engineer is working with the applicant on the access to the property. Commissioner Anderson asked what was the height of the cooling tower. Mr. Barnhart stated it was approximately 25 feet. Commissioner Stevens asking there would be some berming such as was done for the Target data center project. Mr. Barnhart stated yes there would be some berming along Business Center Drive. Commissioner Stevens stated it appears the north elevation shows a long and unbroken wall. Mr. Barnhart stated that was correct, and explained that requiring breaks would have little visual impact, due to the 400+ feet separation between the building and Business Center Drive. Commissioner Anderson asked for clarification on the ponding. Mr. Maurer explained that the storm water system is designed to accommodate two 100-year back-to-back storms with no outlet, and that the system will tie into the storm sewer system on Business Center Drive. Commissioner Anderson asked if the cooling tower could be located on the other side of the building. Commissioner Scott stated that apparently the Mississippi Road residents do not have a concern, since they were not here. Chair Lemke opened the public hearing. There being no one else to speak to this issue, Chair Lemke closed the public hearing. Corrunissioner Anderson asked why the access would not line up with 183rd Avenue. City Engineer Terry Maurer explained that the due to the nature of the facility and security needs, the applicant is concerned that an access at 183rd Avenue would provide a straight path from 183rd Avenue up to the side of their building. Mr. Maurer stated that the access location proposed by the applicant onto Waco Street was acceptable, given their safety concerns and traffic flow in the area. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY UNITED HEALTH GROUP FOR A LAND USE AMENDMENT Planning Commission Minutes Page 9 January 9, 2007 --------------------------- TO CHANGE LAND USE FROM COMMUNITY COMMERCIAL TO LIGHT INDUSTRIAL, CASE NO. LU 07-01. MOTION CARRIED 7-0. -------------- MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY UNITED HEALTH GROUP FOR A ZONE CHANGE FROM C3 HIGHWAY COMMERCL~I. TO BP BUSINESS PARK, CASE NO. ZC 07-02. MOTION CARRIED 7-0. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY UNITED HEALTH GROUP FOR A CONDITIONAL USE PERMIT TO ALLOW AN ABOVE GROUND STORAGE TANK FOR THE DEVELOPMENT OF A DATA CENTER AT THE SOUTHEAST CORNER OF BUSINESS CENTER DRIVE AND WACO STREET, CASE NO. CU 07-04, WITH THE FOLLOWING CONDITIONS: 1. ALL APPLICABLE BUILDING CODES SHALL BE MET. 2. ALL APPLICABLE FIRE CODES SHALL BE MET. 3. APPROVAL OF A COMPREHENSIVE PLAN AMENDMENT CHANGING THE GUIDING LAND USE FROM HIGHWAY COMMERCIAL TO LIGHT INDUSTRIAL 4. APPROVAL OF A REZONING APPLICATION FROM C-3 TO BP 5. ALL COMMENTS OUTLINED IN CITY STAFF LETTER DATED DECEMBER 15TH, 2006 BE ADDRESSED 6. ALL COMMENTS OUTLINED IN CITY ENGINEER LETTER DATED JANUARY 2, 2007 BE ADDRESSED. 7. THE WACO STREETE AGGRESS BE APPROVED BY THE CITY ENGINEER. MOTION CARRIED 7-0. 6. Other Business 6.1. Update on December 18, 2007 City Council Meeting Commissioner Stevens provided an update on the December 18, 2006 City Council meeting. 6.2. Request for Planning Commission Representative to attend Tiller Corp public meeting - Wednesday January 31 2007 at 6.30 p m at Cit~(Upper Town Conference Room) Chair Lemke will attend the Tiller Corporation public meeting on January 31, 2007. 7.3. Update on Downtown Redevelopment Taskforce Commissioner Anderson provided an update on the Downtown Redevelopment Task Force. Planning Commission Minutes January 9, 2007 --------------------------- 8. Adjournment There being no further business, MOVED BY COMMISSIONER STEVENS TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 9:45 p.m. R,,e((~spe6ctfully subxrutted, ~111o,(slec ~1~.l~ic6~u-c. Debbie Huebner Recording Secretary Page 10