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04-11-2006 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL I I, 2006 Members Present: Chair Lemke, Anderson, O$erman, Ropp, Scott, Stevens, and Westgaard Members Absent: None Staff Present: Community Development Director Scott Clark, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Environmental Administrator Rebecca Haug, and Recording Secretary Tina Allard 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 6:40 p.m. by Chair Lemke. 2. Consider 4/11/06 Planning Commission Agenda Chair Lemke stated Item 5.8. (regarding the wetland buffer) was removed from the agenda. MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER STEVENS TO APPROVE THE APRIL 11, 2006 PLANNING COMMISSION AGENDA AS AMENDED. MOTION CARRIED 7-0. 3.1. Consider 3/14/06 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE MARCH 14, 2006 MINUTES. MOTION CARRIED 7-0. 3.2. Consider 3/28/06 ~ecial Meeting Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE MARCH 28, 2006 SPECIAL MEETING MINUTES. MOTION CARRIED 7-0. Planning Commission Representative to Attend City Council Meeting Commissioner Westgaard will attend the April 17, 2006 City Council meeting. 5.1. Request by Midwest Asphalt for Conditional Use Permit for Mineral Extraction, Public Hearing-Case No. CU 06-04 Ms. Haug stated the applicant has been operating on an expired conditional use permit and is requesting a conditional use permit for extraction of sand and gravel. She reviewed the comments of the city's environmental consultant, fire inspector, and of Great River Energy (GRE). Planning Commission Minutes Page 2 April 11, 2006 Commissioner Stevens expressed concern with the property line near the railroad trail. He suggested the grading limit be expanded further from the trail in order to protect trees. Ms. Haug stated the applicant has gravel deposits stored in the area. Chair Lemke opened the public hearing. There being no one to speak to this issue, Chair Lemke closed the public hearing. Commissioner Stevens sated he would like a no disturbance buffer of 300 feet near the trail. David Balanski, applicant representative-Stated Midwest Asphalt does not want to increase the setback. He stated there are valuable assets underneath this location. He stated the elevations in the setback area are very steep and would not make a difference to the trail. He stated most of the oaks in the area have blackheart and were not included in the Environmental Impact Statement. Commissioner Stevens questioned if a 200 feet setback would be acceptable to the applicant. Ms. Haug stated she has been trying to negotiate 200 feet with the applicant. Chair Lemke questioned how often conditional use permits expire. Mr. Harlicker stated they go with the life of the property but this conditional use permit had an expiration of 20 years as a condition. Commissioner Scott requested the comments from GRE be incorporated into the conditional use permit. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AGREEMENT IN THE STAFF REPORT WITH THE FOLLOWING CONDITIONS ADDED: 1. A 200 FOOT NO DISTURBANCE SETBACK BE MAINTAINED ON THE WEST PROPERTY LINE. 2. ALL COMMENTS OF GRE BE ADDRESSED. MOTION CARRIED 6-1. Chair Lemke opposed. 5.2. Request by Shepherds Inn Daycare, Inc., for Conditional Use Permit at Solid Rock Church, Public Hearing-Case No. CU -6-05 Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate a school and daycare. He discussed student numbers, parking, and standards for issuance of a conditional use permit. Conunissioner Scott questioned if any fencing is required for safety. Chair Lemke opened the public hearing. Planning Commission Minutes Page 3 April 11, 2006 --------------------------- Julie Goldman, applicant-Stated she is currently licensed by the county but is working on state licensure. She stated she will have to follow state requirements regarding fencing. There being no one else to speak to this issue, Chair Lemke closed the public hearing. MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR CASE NO. CU 06-05 BASED ON THE FOLLOWING CONDITIONS: 1. A MAXIMUM OF 300 STUDENTS SHALL BE ALLOWED TO ATTEND THE SCHOOL/DAYCARE. 2. IF MORE THAN 300 STUDENTS ARE DESIRED IN THE FUTURE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. NO ON-STREET PARKING SHALL BE ALLOWED FOR THE SCHOOL/DAYCARE. 4. THE FACILITY SHALL MEET ALL BUILDING AND FIRE CODES. 5. THE SCHOOL/DAYCARE MUST MEET ALL STATE/COUNTY GUIDELINES. MOTION CARRIED 7-0. 5.3. Request by Ebert Construction for Conditional Use Permit to Construct 5,990 sq. ft. Commercial Building (Pearle Vision) in Elk River Center, Public Hearing-Case No. CU 06- 07 Mr. Leeseberg stated the applicant is requesting a conditional use permit for constructing a Pearle Vision Center in Elk River Center. He reviewed the building design, parking, landscaping, and drainage as outlined in his staff report. Mr. Leeseberg stated condition #6 should be changed to "... prior to Certificate of Occupancy being issued." Chair Lemke stated the gable in the rear concept plan should be included as a condition. He questioned if the applicant is meeting the lighting requirements. Commissioner Stevens questioned when US Bank would be complying with the lighting requirements. Mr. Leeseberg stated he has been working on it. Chair Lemke opened the public hearing. Scott Borsch, Ebert Construction-Stated he would like to see condition #5 removed. He stated they do meet the lighting requirements. There being no one to speak to this issue, Chair Lemke closed the public hearing. Commissioner Stevens commented he liked the design of the project. Planning Commission Minutes Page 4 April 11, 2006 --------------------------- MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR, CASE NO. CU 06-07 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SIGNAGE SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING SIZE AND LOCATIONS SHALL BE PROVIDED. 3. LIGHTING SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING LOCATIONS ON THE BUILDING AND ON THE SITE SHALL BE PROVIDED. 4. BUILDING MATERIAL STYLES AND COLORS SHALL BE THOSE AS INDICATED ON THE MATERIAL SAMPLE BOARDS DATED 4 /4 /2006. 5. SHED ROOFS SHALL BE INCLUDED, ALONG WITH THE GABLE ELEMENT, AS SHOWN IN STAFF EXHIBIT A. 6. ALL PAVING, AS INDICATED IN THE PAVING PLAN EXHIBIT, SHALL BE INSTALLED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCPANCY. 7. ALL REVISED PLANS REFLECTING THE BUIDING SIZE CHANGE, SHALL BE PROVIDED PRIOR TO THE CITY COUNCIL MEETING. 8. THE BUILDING SHALL MEET ALL BUILDING CODES. 9. THE BUILDING SHALL MEET ALL FIRE CODES. 10. THE REMAINING SQUARE FOOTAGE OF BUILDINGS WITHIN THE APPROVED PUD WILL NEED TO BE REDUCED BY 1,220 SQUARE FEET. MOTION CARRIED 7-0. 5.4. Request by Elk River Ford for Land Use Amendment to Chance Land Use from Light Industrial to Highway Business, Public Hearing-Case No. LU 06-03 5.5. Request by Elk River Ford for Zone Change from Planned Unit Development to Highway Commercial, Public Hearing-Case No. ZC 06-03 5.6. Request by Elk River Ford for Preliminary Plat of Jabez, Public Hearing=Case No. P 06-06 5.7. Request by Elk River Ford for Conditional Use Permit for Expansion of Auto Sales, Public Hearing-Case No. CU 06-06 Mr. Harlicker stated the applicant is requesting approval of the four requests listed above as outlined in his staff report. Planning Commission Minutes Page 5 April 11, 2006 --------------------------- Mr. Clark noted that the main issues the Commission should address are: ^ Come to a consensus on the land use amendment and the zoning change. ^ Discuss park dedication fees (the applicant disagrees with staff's recommendation) ^ Review building elevations. ^ Discussion regarding grading and drainage plan (due to elimination of curbing and utilizing a low impact drainage plan). ^ Signage (applicant is requesting a variance with Board of Adjustments after this item is discussed). Commissioner Anderson stated he was concerned about the removal of the drainage pond for the Lefebvre Addition. Mr. Maurer stated the outlot in the Lefebvre Addition is an unbuildable remnant. He stated the pond is actually on the Ford property and is going to be replaced in a different area in order to utilize the Lefebvre outlot for four additional light industrial lots. He stated the pond is not for drainage of the Lefebvre property. Commissioner Offerman stated it makes sense to rezone the parcel to Highway Business. He questioned whether the access into Elk River Ford should be moved further away from Highway 10 (off 171St Avenue) because it may interfere with Mn/DOT's interchange plans. Mr. Maurer stated the Houle Oil site will eventually be developed and need a driveway access. He stated the driveways for each site would line up at this location. Mr. Maurer stated the Houle site has a lot of wetlands and the access into Ford is the farthest most easterly spot a driveway could be installed without drastically impacting wetlands on the Houle site when their driveway in installed. Mr. Maurer stated Mn/DOT's IRC does not indicate where an interchange will go along TH 10 in Elk River. He believes the intersection will be further south between 173rd Avenue and 165th Avenue because it is currently undeveloped and land acquisition would be easier and more affordable. Mr. Maurer stated the applicant is eliminating a direct access from Highway 10 and will be directing traffic to 173rd or 171SLAvenues, both controlled intersections. Chair Lemke questioned when TH 10 is built to freeway standards, if the accesses at 171St and 173rd Avenues would be closed. Mr. Maurer stated they most likely would be closed and the city would be involved with constructing a frontage or backage road. Chair Lemke opened the public hearing for the land use plan amendment from Light Industrial to Highway Business. Scott Powell, Elk River Ford Owner-Stated he is building a quality, safe, and environmentally sound project. He stated he was available for questions. Chair Lemke questioned if the applicant is voluntarily closing the direct TH 10 entrance into Ford. Planning Commission Minutes April 11, 2006 --------------------------- Mr. Powell stated they are closing the access due to safety concerns for customers and employees. There being no one else to speak to this issue, Chair Lemke closed the public hearing. Commissioner Stevens thanked the applicant for a quality project. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE LAND USE AMENDMENT FROM LIGHT INDUSTRIAL TO HIGHWAY BUSINESS. MOTION CARRIED 7-0. Page 6 Chair Lemke opened the public hearing on the zone change. There being no one to speak to this issue, Chair Lemke closed the public hearing. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE ZONE CHANGE FROM HIGHWAY COMMERCIAL AND PLANNED UNIT DEVELOPMENT TO HIGHWAY BUSINESS AND LIGHT INDUSTRIAL. MOTION CARRIED 7-0. Chair Lemke opened the public hearing for the preluninary plat of Jabez. There being no one to speak to this issue, Chair Lemke closed the public hearing. Commissioner Offerman expressed concern with Ford's driveway entrance on 1715 Avenue being too close to TH 10. He stated this section would make sense for a Mn/DOT interchange due to the Twin Lakes Road traffic coming down to TH 10. He felt the city should be proactive in allowing for an interchange to develop at this location in order to help the interchange come to this location and to save money in acquisitions in the long term. He further stated concerns with traffic queuing. Commissioner Stevens concurred with Commissioner Offerman. Mr. Maurer stated that the Houle site would most likely develop before Mn/DOT has any plans for an interchange. He reiterated where the driveway access would be proposed for this site due to wetlands. He stated Ford volunteered to close their access off TH 10 and this was a good compromise for a driveway access off 1715 Avenue in order to make it easy for customers to locate the entrance. He further stated if development continues at its current pace with the surrounding projects, the city may be required to take additional right-of-way around the TH 10 intersection at 1715 Avenue. Chair Lemke stated he concurred with Commissioner Offerman. He stated it makes sense that if the city is going to get one interchange it would be where the Northstar Rail terminal and Twin Lakes Road traffic is located. He questioned if the overpass were installed at 1715 Avenue, if it would come down on the Ford driveway access. Mr. Maurer disagreed that this would be the spot for a Mn/DOT interchange. He stated if the interchange were considered for this location it would be very expensive for Mn/DOT because they would have to acquire NAPA, Elk River Ford, and the Houle site. He stated the interchange would most likely be near 165~h Avenue with traffic using frontage/backage roads to access the businesses at 1715 and 173rd Avenues. He stated the city has agreements in place for frontage/backage roads. Planning Commission Minutes April 11, 2006 Page 7 Commissioner Offerman questioned why it would be more viable for Elk River Ford to remain at its location if the interchange is constructed six blocks away at 165th Avenue but why the driveway access on 1715L Avenue can't be moved further to the east, which is shorter than six blocks. Commissioner Stevens stated the property owner has enough land that the driveway access could be moved at a later date if needed. Mr. Maurer stated we are removing a direct driveway access from TH 10 to a signalized intersection, which will be a vast improvement. Commissioner Anderson concurred with Commissioner Offerman's concerns. He stated he doesn't want to see this intersection end up like Evans and 193rd Avenues but feels it is safer to have access on 171St Avenue. He questioned if it would be possible to close the three access points of a neighboring business (A&T Repair) and to have them share their access with Ford. Steve Rohlf, Ford representative-Stated it would be more appropriate to work out driveway access issues with A&T Repair. He stated Ford has no interest in sharing an access with them. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT OF JABEZ BASED ON THE FOLLOWING CONDITIONS: 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. Planning Commission Minutes Page 8 April 11, 2006 --------------------------- Mr. Clark noted there is a disagreement between the applicant and staff's recommendation in regards to the park dedication requirements. He stated staff is requesting park dedication fees for the entire 17.671ot. He stated the two outlots will require park dedication fees be paid when they are platted. He stated this was reviewed by the city attorney. Commissioner Stevens stated he supported staff's recommendation and it is fair Steve Rohlf, Ford representative-Stated the city is interpreting the requirements incorrectly. He stated park dedication fees should be charged on the four newly created lots (two outlots) and the land being added to the dealership (former Red Carpet Inn site). He stated it would be approximately $80,000 in fees. He stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code, which states that park dedication fees apply to undeveloped property. He stated the city is confizsing undeveloped with unplatted. He stated the existing dealership has been developed for over 30 years. He stated the property is not being subdivided but being combined. He stated the only reason they are platting the property is because it is a condition to secure a building permit. He stated his interpretation of the park dedication fees is consistent with how it was handled in the past. He stated Ford has been supplying jobs and a tax base in Elk River for over 30 years. He stated they are asking to be treated reasonably. He stated to charge in excess of $100,000 to a business trying to expand and create more jobs is unreasonable. He stated there isn't anything in the ordinance that states you have to charge the maximtun fee. Commissioner Stevens questioned the city's policy for park dedication requirements. He questioned if Elk River Ford, when originally platted, paid a park dedication fee. Mr. Clark stated if the property is residential it will be charged for new units; if the property is commercial it will be charged for acreage and any fiuther replats would not be charged park dedication fees. Mr. Clark stated Elk River Ford was never platted. Commissioner Westgaard stated Section 30-327 discussed platting and replatting but not undeveloped land. He questioned whether a compromise could be reached. Commissioner Anderson stated this issue is a decision for the City Council. Commissioner Scott stated he would like to see the motion amended to state that the 8 acres currently being used only pay half of the park dedication fees. Commissioner Offerman concurred with Commissioner Scott. He stated the applicant made a good point in that the city gives TIF money to new companies but often doesn't recognize or give consideration to existing businesses that have been in Elk River for a long time employing people and paying taxes. Corrunissioner Anderson questioned how and why 50% was determined as a compromise on the fees. He stated it is not the role of this Commission to determine the percentage. He stated a vote needs to betaken on the current motion. Commission Offerman stated it is not an unreasonable request as the city gave Wal-Mart TIF money and also funding for the downtown project. Commissioner Westgaard asked to reconsider the motion. Planning Commission Minutes Page 9 April 11, 2006 --------------------------- Chair Lemke stated staff recommendation has determined this fee and he questioned their process. Mr. Clark stated they are following the ordinance. He stated the staff's recommendation was reviewed with the city attorney. Chair Lemke stated a vote should be taken on the motion and the Commission could make a recommendation to the Council regarding park dedication fees. Chair Lemke asked for an explanation of low impact drainage plans, which Mr. Maurer explained. MOTION CARRIED 5-2. Commissioners Offerman and Westgaard opposed. Commissioner Westgaard stated the applicant has been willing to work with the city on several issues and some consideration for park dedication fees should be given to the applicant for his existing business. Commissioner Ropp concurred. Commissioner Anderson stated the city can't arbitrarily reduce park dedication fees and the Commission should not be discussing this item. Commissioner Stevens concurred. Chair Lemke opened the public hearing on the conditional use permit. Steve Rohlf, Ford representative-Stated Ford maybe changing the order of their phases. There being no further comments regarding this issue, Chair Lemke closed the public hearing. Commissioner Stevens stated he is sad to see the existing tower being removed. Commissioner Offerman questioned the lighting standards. He stated auto dealerships tend to over light their locations at the entrances. He questioned the lights along the entrance. Mr. Rohlf stated the lights would be low profile decorative lights. Mr. Harlicker stated the applicant is meeting the lighting requirements. Commissioner Offennan requested a condition added for lighting at the entrances that shall meet at minimum semi cut-off classification. MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ELK RIVER FORD WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. Planning Commission Minutes Apri111, 2006 --------------------------- Page 10 THE PROJECT WILL BE COMPLETED IN PHASES. • PHASE ONE WILL INCLUDE ALL THE SITE WORK INCLUDING ALL PAVING AND CURBING, REMOVING THE HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW ACCESS DRIVES; STORMWATER PONDING; SIGNAGE; CONSTRUCTION OF THE SERVICE ADDITION ON THE SOUTH SIDE OF THE BUILDING, AND CONSTRUCTION OF THE CARWASH/DETAIL CENTER. • PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE SPACE AND SHOWROOM. • PHASE THREE WILL INCLUDE THE PARTS AREA AND SERVICE ADDITION. 3. THE AREA INCLUDED IN PHASE TWO AND THREE SHALL BE GRADED AND SEEDED; NO PARKING WILL BE ALLOWED IN THIS AREA. 4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN PHASES, THE APPROVAL FOR THE CONDITIONAL USE PERMIT SHALL BE EXTENDED TO 2010. 5. THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED. 6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL RUNOFF AND CUSTOMER TRAFFIC. 7. THE EXISTING HOME SHALL BE REMOVED. 8. PER SEC. 30- 859 NO SIGNAGEAND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES. NO TEMPORARY SIGNS SHALL BE ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7). 9. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED PRIOR TO ISSUEING THE GRADING OR BUILDING PERMITS. 10. PARKWAY STYLE LIGHTING AT THE ENTRANCES SHALL MEET A MIMIMUM CLASSIFICATION OF SEMI CUT-OFF. MOTION CARRIED 7-0. 6. Other Business 6.1. Update on March 20, 2006 City Council Meeting Commissioner Anderson provided an update on the March 20, 2006 City Council meeting. Planning Commission Minutes April 11, 2006 --------------------------- Adjournment Page 11 There being no fiuther business, MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:10 p.m. Respectfully submitted, ~~ Tina Allard Recording Secretary