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08-12-2008 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 12, 2008 Members Present: Chair Westgaard, Commissioners Anderson, Austad, Lemke and Westberg. Commissioner Anderson arrived at 6:35 p.m. Members Absent: Commissioner Scott Staff Present: Jeff Gongoll, Community Development Director; Chris Leeseberg, Planner; Debbie Huebner, Recording Secretary Also Present: Bryan Adams, Elk River Municipal Utilities General Manager Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:45 p.m. by Chair Westgaard. 2. Consider 8/12/08 Planning Commission Agenda Chair Westgaard noted that Item 3. -Consider July 8, 2008 Planning Commission minutes will be removed from the agenda and these minutes will be considered at the September meeting. MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE AUGUST 12, 2008 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend August 18, 2008 City Council Meeting Commissioner Anderson will attend the August 18, 2008 City Council meeting. 5.1. Request by Earl Hohlen for Conditional Use Permit Approval (Zane Street Commons. Public Hearing -Case No. CU 08-17 5.2. Request by Earl Hohlen for Preliminary Plat Approval for Zane Street Commons Public Hearing. Case No. P 08-08 Mr. Leeseberg reviewed the staff report prepared by Planning Manager Jeremy Barnhart for the request by Earl Hohlen for a conditional use permit and preliminary plat of Zane Street Commons. Chair Westgaard opened the public hearing. Tim Gillet, Hagermeister and Mark, representing the applicant -Stated the project is essentially the same as previously presented, but that they have eliminated portions which required additional easements. He stated that the triangular parcel is out of the project and will remain an outlot and that the retention pond has been moved to Lot 2 of the plat. He stated that it is their intention to eventually place a building on Lot 2. Mr. Gillet stated that they are requesting only one overhead door for a potential client. He noted that they would Planning Commission Minutes august 12, 2008 Pagc 2 not be able to place overstory trees in the GRE easement as requested by staff, due to GRE's requirements, but that ornamental trees would likely be allowed. He asked that they be allowed to work with staff on these landscaping issues. Mr. Gillet asked for clarification on Condition #5 -Provision of an easement to permit the encroachment of parking on Ciry property." Mr. Gongoll explained that the intent was to make the space available to the applicant fox parking, as well as transferring maintenance to them. Commissioner Anderson stated that the issue would need to be considered differently if the property is an easement or actual right-of--way. He also questioned the expiration date on the staff report for the 60 day review period. NIr. Leeseberg stated that the date on the staff report was in error. Mr. Gillet noted that the necessary easements have been obtained from GRE and are in the process of being recorded. Commissioner Anderson asked if there was a way to screen the overhead door with plantings, such as lilacs. Mr. Gillet stated that it may be possible to place the door between the two buildings, and that the door would be integrated into the design of the building. Commissioner Anderson stated that he felt this project should be required to meet the design standards of the adjacent PUD. Commissioner Westberg asked what the applicant is proposing for the green space. Mr. Gillet stated that overstory trees will not fit the site and would have to be "bunched up" in one small area. They are requesting that ornamental trees be allowed instead. He noted that they would like to be able to discuss this issue further with staff. Chair Westgaard stated that a condition is proposed that a landscape plan be provided, and this could be worked out with staff. Also, he felt the easement issue could be resolved by staff as well. He stated that there are architectural features that could be used to help screen the overhead door, but would prefer placing the door on the south elevation, since it would be screened by placement of the future building. He stated that he supported approval of the conditional use permit and plat. Commissioner Staul stated that he felt there should be some consistency in the design of these buildings with the Carson Street development. Comtissioner Ryan stated he does not have a problem with an overhead door. He stated that if the applicant attracts a business that requires an overhead door, he does not see it as an eyesore and was comfortable recommending approval. Mr. Gillet asked for clarification on their recommendation for placement of the door. Commissioner Ryan stated that he was comfortable having staff work with the applicant and felt the west elevation would be acceptable. Chair Westgaard stated that he would like to see the door moved to the south elevation. Mr. Gillet stated the area between the buildings would be a public area. He noted that the overhead door would likely be made of glass and would blend into the design of the building. Commissioner Lemke questioned having an overhead door facing the public area. NIr. Gillet concurred that it would not be consistent with the use of the public area. Commissioner Lemke asked if the development standards will be the same for this PUD as the Elk River Crossing PUD. Mr. Leeseberg stated that they may be very similar overall. Mr. Lemke stated he did not find anywhere in the Elk River Crossing PUD standards that overhead doors were excluded. Mr. Leeseberg stated that Mr. Barnhart's report did not exclude the doors, but suggested that they should be screened. Mr. Leeseberg stated he agreed that having an overhead door on the south elevation would not be compatible with a public area. Planning Commission Minutes Pagc 3 August 12, 2008 --------------------------- Commissioner Lemke stated he concurred that the development standards should be consistent with the Elk River Crossing PUD. Commissioner Ryan stated his concern that if the overhead door were allowed, there may be other businesses requesting them. Wally Lu, representing the applicant -Stated that it would not be possible to place the overhead door on the south elevation, since that is where the gas meters and transformers would be located. He stated that only one door is needed. Commissioner Staul stated he felt it was important to be consistent with the adjacent PUD, but that he would not want to limit them to only one door. He suggested that the applicant be allowed to work with staff on the number and placement of the door. He suggested that staff consider an encroachment permit for Condition #5. Commissioner Westgaard asked if overhead doors are not allowed on the buildings to the north. Mr. Leeseberg stated that they are not excluded and would be required to be screened. Commissioner Lemke stated that he would be comfortable with the applicant working with staff on the details of the overhead door, so that it would consistent with the adjacent PUD. Discussion followed regarding wording of an additional condition. MOTON BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY EARL HOHLEN FOR A CONDITIONAL USE PERMIT FOR ZANE STREET COMMONS, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE PUBLIC WORKS DIRECTOR MEMO DATED JULY 30, 2008 SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF CITY ENVIRONMENTAL TECHNICIAN MEMO DATED MAY 19, 2008 SHALL BE ADDRESSED. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY. 4. VACATION OF EASEMENTS BY GREAT RIVER ENERGY TO ALLOW THE SITE PLAN AS PROPOSED. 5. PROVISION OF AN EASEMENT TO PERMIT THE ENCROACHMENT OF PARKING ON CITY PROPERTY. 6. FINAL PLATTING OF THE PROPERTY, INCLUDING THE PAYMENT OF PARK DEDICATION AND OTHER FEES. 7. PROVISION OF A LANDSCAPE PLAN PER THE REQUIREMENTS OF SECTION 30-934. 8. ONE OVERHEAD DOOR MAYBE PERMITTED ON BUILDING #1. MOTION CARRIED 6-0. MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST Planning Commission Minutes Pagc 4 august 12, 2008 BY EARL HOHLEN FOR PRELIMINARY PLAT APPROVAL FOR ZANE STREET COMMONS, WITH THE FOLLOWING CONDITIONS: 1. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 2. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: A. IN THE FORM OF CASH FOR 1 LOT AT THE COMMERCIAL RATE APPLICABLE AT THE TIME OF RECORDING OF THE FINAL PLAT ($6,950.00/LOT AT THE 2008 RATE). 3. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 4. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER 1 YEAR, UNLESS THE PROPERTY OWNER OR OWNERS AGENT HAS RECEIVED FINAL PLAT APPROVAL OR LETTER OF REQUEST FOR EXTENSION. 5. THE FINAL PLAT SHOULD ILLUSTRATE RESTRICTED ACCESS ONTO HWY 169. MOTION CARRIED 6-0. 5.3. Request by City of Elk River for Ordinance Amendment Regarding Placement of Black Dirt Public Hearing -Case No. OA 08-06 Mr. Leeseberg introduced Bryan Adams, General Manager for Elk River Municipal Utilities. Mr. Adams stated that the Elk River Utilities Commission supports the proposed ordinance amendment. In response to the Commission's request at the July meeting, he explained that approximately 60 percent of water usage is by residential and 40 percent commercial. Mr. Adams stated that in his attempt to obtain data to support actual water reduction by placing black dirt, he spoke with several consultants. He explained that soil samples would need to be obtained, and since the soils vary from area to area within the city, it would be very expensive and difficult to provide the information they were looking for. Mr. Adams stated that he also checked with other communities that have a "black dirt" ordinance, and found that they agreed that it is difficult to provide actual numbers. Mr. Adams stated that it is obvious that any amount of black dirt will help to retain moisture. He stated that he feels that requiring a certificate of compliance would require minimal staff time for enforcement. Commissioner Staul stated that the Commission was looking for general data which compares water usage before and after a similar ordinance. Mr. Adams stated that they can't control variables such as the amount of rainfall, humidity and wind which make water savings difficult to measure. Chair Westgaard stated that the city needs to determine if adopting the proposed ordinance will meet their objective of reducing water consumption. Mr. Adams stated that adopting the ordinance will help to satisfy the DNR by showing that the city has done due diligence. He noted that the DNR would like to see usage of less than 75 gallons per person per day, and that Elk River is currently at 73 - 80 gallons per day. Mr. Adams felt that they could do better and get the numbers down even further. Planning Commission Minutes Page 5 August 12, 2008 --------------------------- Chair Westgaard stated that he would support efforts to find other ways of reducing water usage. He questioned what impact the ordinance would have, since most of the urban service district is already built. Mr. Adams stated that last year's usage was between 165 - 170 million gallons, this year's usage is already at 150 million, even though last year was drier. Commissioner Anderson stated that he could appreciate Mr. Adam's position in trying to meet the DNR's request, but that he was having a difficult time supporting an ordinance that would affect perhaps only 10 percent of the lots, since the urban service area is 85-90 percent built out. He felt they would essentially be penalizing future residents on a small number of lots. Mr. Adams stated that he did not agree that the city was 85-90 percent built out, since the urban service area can change. He stated that he felt the Commission needed to look further ahead, and start somewhere in reducing water usage. Commissioner Staul stated that Mr. Adams has stated he has no hard numbers to support his case and has a "gut" feeling that the ordinance will help. He stated that he would have a difficult time supporting an ordinance, which is a legislative action to regulate citizens, when they don't know if it will accomplish their goal. He felt the city needs to take a more in- depth look at the issue of water reduction. Commissioner Westberg concurred. He asked if Mr. Adams was aware of any other programs or incentives that could be implemented that the DNR would view as an effort to reduce water consumption. Mr. Adams stated that the city has already passed the requirement for low flow fixtures. He explained that there are two ways to reduce water; 1) technology (such as plumbing fixtures and rain sensors); and 2) changing peoples' hfesryles, which is the most difficult. He stated that the goal is to change people's habits. He noted that they are struggling with the same issues in electricity usage. He noted that the black dirt ordinance would be considered a technology issue. MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND DENIAL OF THE PROPOSED ORDINANCE AMENDMENT REGARDING PLACEMENT OF BLACK DIRT. MOTION CARRIED 6-0. Chair Westgaard thanked Mr. Adams for his efforts on the ordinance and his willingness to "agree-to-disagree" on this difficult issue. 6.1. September Planning Commission Meeting Date Mr. Gongoll explained that due to the primary election on September 9, 2008, the Planning Commission meeting will need to be moved to another date. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO CANCEL THE REGULAR PLANNING COMMISSION MEETING SCHEDULED FOR TUESDAY, SEPTEMBER 9, 2008 AND CALLING A SPECIAL MEETING ON WEDNESDAY, SEPTEMBER 10, 2008 AT 6:30 P.M. MOTION CARRIED 6-0. Planning Commission Minutes August 12, 2008 Commissioner Anderson noted he will not be able to attend. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:09 p.m. Minutes Prepared by: Debbie Huebner ,~,__ Tina Allard, City Clerk Page 6