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ITEM 3.3A Planning 5.18.2015 MinutesITEM 3-3A OTSEGO PLANNING COMMISSION MEETING OTSEGO PRAIRIE CENTER MAY 18, 2015 7:00 PM Call to Order. Chair Black called the meeting to order at 7:01 PM. Roll Call: Chair Pam Black; Commissioners: David Thompson, Steve Schuck, Roger Mord, Jim Kolles, Aaron Stritesky and Richard Nichols. City Council: Mayor Jessica Stockamp. Staff: Daniel Licht, City Planner; and Tami Loff, City Clerk. 1. Consider the following minutes: 1.1 April 20, 2015 Planning Commission Meeting. Commissioner Schuck motioned to approve as written. Seconded by Commissioner Stritesky. All in favor. Motion carried. ' 2. Public Hearing items: 2.1 Boondox Bar and Grille: (Tabled until June 1, 2015) A. Amendment of the Planned Unit Development- Conditional Use Permit approved October 24, 2011 to allow restaurant/bar occupancy of the former clubhouse building for other than an office and the 2002 expansion area and other site/building plan changes. Chair Black said this item has been tabled per the applicant until June 1, 2015. Chair Black opened the Public Hearing at 7:04 PM. Hearing no comments chair Black continued the Public Hearing until June 1, 2015 at 7:00 PM. 2.2 Riverbend South: A. Preliminary and final plat to subdivide one commercial lot and three outlots. City Planner Licht presented the Planning Report. Applicant Casey Darkenwald, Darkenwald Riverbend Company was present. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Chair Black stated this public hearing is for the Riverbend South preliminary and final plat application only, not the Kwik Trip application. Chair Black opened the Public Hearing at 7:11 PM. Cynthia Lind, 16689 72nd Street NE, questioned where the public hearing is noticed. City Clerk Loff said in the Elk River Star News. City Planner Licht said the City also mails notice to all properties within 350 feet of the subject property in accordance with State Statute. Ms. Lind's concern is with the 72"d Street connection and she is concerned for the safety of the families with children in the area. Christina Cagle, 16703 72nd Street NE, questioned what makes 72nd Street safer. City Planner Licht said that multiple accesses are needed to disburse traffic throughout the neighborhood. Ms. Cagle said she does not think it's a good use for commercial development. Ms. Cagle further stated that she doesn't agree with a road going straight through a neighborhood as there are a lot of kids in the neighborhood. Karin Johnson, 16643 72nd Street NE, asked with the 72nd Street connection how do you direct semi's to not use the access. City Planner Licht said the plans provided for the Kwik Trip development show directional signage to direct traffic to TH 101. City Planner Licht also stated that if trucks entering the neighborhood became an issue the City has options to consider for enforcement. Christina Cagle, 16703 72nd Street NE, said there is already a sign stating a 5 ton weight restriction. City Planner Licht said that -was for seasonal weight restrictions otherwise the restrictions are 10 ton. Charese Rapacz, 16610 72nd Court NE, stated her concern with transient people that would be using the commercial development and then take 72nd Street into their neighborhood. She also stated concern for the children at bus stops. City Planner Licht said again directional signage will be installed to orientate people not from the neighborhood back to CSAH 37 and stated the streets and sidewalks are public and are available for anyone to use. As to the pedestrian safety issue, City Planner Licht said that is again why the City would be requiring sidewalks. Paul Smaciarz, 7223 Quigley Avenue NE, stated there has already been mail theft in their neighborhood. Jesse Arntson, 7281 Quigley Avenue NE, signs and Wright County Sheriff enforcement has been mentioned, who is paying for that. City Planner Licht said it is part of the contract the City has with Wright County Sheriff paid through the general fund. City Planner Licht said that Wright County Sheriff provides 40 hours of service per day within Otsego. Mr. Arntson asked if Wright County Sheriff can maintain the additional coverage needed for this development. City Planner Licht said yes. Christina Cagle, 16703 72nd Street NE, said if the main priority is to have an emergency access, it is her feeling that the best way to get service quickly is one to have a home phone and for the Wright County Sheriff and Sherburne County Sheriff to update their systems. She said she rather take a U-turn. Aimee Demand, 7485 Quigley Avenue NE, stated her concern is the safety of our children, security for the neighborhood and she is also concerned with transients within the neighborhood. 2 Cynthia Lind, 16689 72nd Street NE, we don't have our own police department we are relying on the Wright County Sheriff Department and Wright County is a large county. She said she sees the Sheriff come through once every month and is concerned with how this will be covered. Christa Cagel, 16703 72nd Street NE, said she agreed that they don't see Wright County Sheriff often enough. Clint Gustafson, 7244 Quigley Avenue NE, asked what happens with the overflow parking. He feels there is no reason that there needs to be a connection there is already two accesses feel there doesn't need to be three accesses. City Planner Licht said if there is a parking issue on 72nd Street when it is constructed we would address it the same way it has been addressed on Queens Avenue when the trucks were parking on there and the no parking zone was enforced. The second reason for the connection is the City has a limit of 500 feet in length for a cul-de-sac, which 72nd Street going from Quenroe Avenue west would exceed. City Planner Licht also said that the City does not have the ability to obtain right-of-way from Meridian Land Company for construction of a permanent cul-de-sac. City Planner Licht said that from a public safety standpoint the street connection is recommended by City staff. City Planner Licht stated the connection of 72nd Street had been planned from the time Wildflower Meadows was submitted as a concept plan in 2004. City Planner Licht also noted that it is important to note that that Wright County may close Quenroe Avenue to a right-in/right-out intersection in the future based on their spacing guidelines. Christa Cagel, 16703 72nd Street NE, said plans change. She also said there has never been a sign saying this street will go through. She said she is not against Kwik Trip but just doesn't feel a through street is needed. Chair Black reminded her we are not talking on Kwik Trip for this application we are talking about the subdivision application. Chair Black brought it back to the Commissioners for discussion. Commissioner Nichols asked do we have a map that shows overhead this portion relative to what is already there. City Planner Licht said there is not a composite drawing of the proposed Riverbend South plat and Wildflower Meadows. Commissioner Thompson asked if the townhomes on 72nd Court are attached or detached. City Planner Licht said the existing ones that are there today are attached and Meridian Land Company has approval for the nine detached on the north side of 72nd Street. Commissioner Thompson asked if it is single family to the east of that street. City Planner said yes. Commissioner Thompson said so this is a transitional area. City Planner Licht said correct. Commissioner Schuck noted that on exhibit CO-1 it's showing site location but doesn't look anything like the others. City Planner Licht said he believes on the drawing they are excluding the some of the parcels and MnDot right-of-way but also they are including Stormwater basin. Chair Black returned to the audience for additional public comment; Cynthia Lind, 16689 72nd Street NE, stated it is alarming none of the builders are disclosing this proposed site and stated her concern with property values. John Darkenwald, 15815 70t" Street NE, said when Rottlund bought the property the 72nd Street connection was always planned to go there. Chair Black closed the Public Hearing at 7:47 PM. Commissioner Nichols asked where the accesses are to the lots within the commercial development. City Planner Licht said there are two accesses off 72nd Street proposed the one closet to the intersection and then a second one to the north of the site. On the site plan for Kwik Trip they are also proposing an access directly off CSAH 37 east of 72nd Street. Commissioner Thompson asked if that access will be right -in only. City Planner Licht said Wright County has indicated they will allow a right-in/right-out access. Commissioner Thompson said the two on 72nd Street can go left from the Kwik Trip site. City Planner Licht said yes. Commissioner Nichols asked is it possible to provide an area map with the two plans combined so they can see the impact of 72nd Street with the current plans for the rest of the development. He stated it was a difficult decision for him without being able to see that. City Planner Licht reviewed the original Wildflower Meadows site plan map. Commissioner Mord asked if there are a recommended number of outlets from the residential area based on the density. City Planner Licht said the goal is to have accesses available wherever possible both from a public safety and maintenance standpoint as the City tries to minimize cul-de-sacs. Commissioner Thompson motioned to approve a Preliminary and Final Plat for Riverbend South subject to fifteen conditions listed in the staff report. Seconded by Commissioner Stritesky. All in favor. Motion carried. 2.3 Kwik Trip: A Conditional use permit to allow a convenience store with gasoline sales, commercial car wash and truck stop facility. City Planner Licht presented the Planning Report. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. Noting the City received four written comments that have been provided to the Commissioners tonight from Karin Johnson, Rick Murray, Charese Rapacz and Kelly Kresa. Gl Applicant Scott Tegan, Vice President Kwik Trip, reviewed Kwik Trip policies. Mr. Tegan said regarding the concern with the dryer doors noted in the staff report that they will face away from the residents and they would request condition number 8 eliminated. Mr. Tegan stated that Kwik Trip would like to be treated the same as Holiday gas station within Otsego. Mr. Tegan said he agrees with no truck traffic entering the neighborhood and requested that a condition be added to install additional signage. Chair Black opened the Public Hearing at 8:23 PM. Christa Cagel, 16703 72" d Street NE, said she stepped outside and wanted to know if the previous application was approved. City Planner Licht said that the Riverbend South application was approved as recommended. Ms. Cagel said she wants it noted that the Commissioners agreed without proper information on mapping. Commissioner Nichols said he disagrees with Ms. Cagel stating he had asked for additional map and the information was provided by City staff. Jesse Arntson, 7281 Quigley Avenue NE, agrees with Kwik Trip representative that they are very clean. He referenced the transient nature already discussed. Mr. Arntson questioned residential commuter traffic is that what is planned. City Planner Licht said that the proposed use is what the Comprehensive Plan envisions for this site. Mr. Arntson asked for traffic counts from the site. City Planner Licht said that information is not currently available but he detailed that TH 101 is guided by Comprehensive Plan as principal arterial road way handling intra-regional traffic, CSAH 37 is guided as a minor arterial roadway that also handles intra-regional traffic and local traffic. Mr. Arntson said he agrees with the placement of a gas station but not truck stop and referenced the amount of police calls to the TA in Rogers verses the Holiday in Otsego. City Planner Licht said the use is allowed under the current zoning of the property meaning the Planning Commission may only consider whether the use complies with the applicable performance standards. Mr. Arntson said asked if the adequate control of lighting is that for the city or the neighborhood. City Planner Licht said the lighting plan provided from the developer indicated that no lights are cast beyond their property and it complies with the Zoning Ordinance. Mr. Arntson asked what is done if there is a lighting issue. City Planner Licht the matter would then be handled as a code enforcement issue. Mr. Arntson said his next issue is the sound from idling semi's and also the jake braking; what is being done with that. City Planner Licht said idling vehicles is not as much of a problem with newer equipment and the City could adopt jake braking regulations if there were an issue. Mr. Arntson asked if it has it been considered to request electrification of trucks to eliminate generators. City Planner Licht said that Kwik Trip has not proposed this. 5 Mr. Arntson said they are a scared neighborhood for their home investments and with the transients the safety of the kids in the neighborhood. Mr. Arntson also asked if there video surveillance. Mr. Tegan said yes they have cameras. Charese Rapacz, 16610 72"d Court NE, said the lighting proposed is not in accordance of allowed and she knows that the lighting reaches further than proposed. Ms. Rapacz also said she thinks the landscaping is inefficient as the coverage will take years to grow. , Ms. Rapacz said that the neighborhood still be able to hear the commercial business and see it. Ms. Rapacz also said she is concerned with the outdoor seating and the effects to her property value and she feels the crime rate will increase with transients within the neighborhood. Ms. Rapacz said she is for a gas station but against a truck stop and thinks as a community we can come up with a better plan. Christa Cagel, 16703 72nd Street NE, asked a percentage of crime at an average regular gas station. Mr. Tegan said he can't quote any specific statistics but we always maintain and at least have two people in the store at all times and this particular site may have three or four on duty all night long. Mr. Tegan compared this site to the St. Michael location and said the intensity of the Otsego site will be nowhere near the St. Michael site and they have had no issues. Mr. Tegan said they police their own parking lots and will do their best to be good neighbors. Ms. Cagel said she thinks it would be fair if Kwik Trip would bring that additional data on May 26. Jesse Arntson, 7281 Quigley Avenue NE, asked if there will be an increase Wright County Sheriff coverage. City Planner Licht said there is no plan at this point to increase the coverage, which is reviewed by the City Council as part of the budget process and contract with the Wright County Sheriff's Office. Mr. Arntson said he would encourage the City to consider increased police coverage. Mr. Arntson said it was mentioned that the roads are sufficient to accommodate the proposed use and asked if the County Road was wide enough for two truck lengths. City Planner Licht said MnDot and Wright County will review the proposed use related to their roadways and that 72nd Street was designed to those standards necessary for a commercial development. Karin Johnson, 16643 72"d Street NE, said she will face the new development and said last year there was gravel being hauled with a lot of traffic and constant noise. Ms. Johnson stated her concern with the truck beeping noise from the warehouse district being an issue here. Ms. Johnson questioned if a measurement of the existing lighting was done so that they have something to reference back so that if the application does get approved and the lighting is not as recommended. She asked with the fencing if there was the possibility to have it covered to blend in. City Planner Licht said City staff had the same concern and said the retaining wall was pushed further to the east and they will be installing trees adjacent to the fence. City Planner Licht also said there is the possibly to change the color of the fence. Ms. Johnson said she would like to see on something that blends. Ms. Johnson stated that it's not the gas station she is against but it's the truck stop which is much different than a gas station. Ms. Johnson asked in reference to the Meridian Land Company townhomes that were approved if those plans can change. City Planner Licht said the applicant would have to resubmit a new design to the Planning Commission and City Council. Ms. Johnson also provided to the City Clerk a signed petition against this project. Commissioner Thompson requested a short recess at 8:59 PM. The meeting resumed at 9:05 PM. Paul Smaciarz, 7272 Quigley Avenue NE, questioned what the benefit the City is getting from the truck stop. He understands the gas station but not the truck stop. City Planner Licht said the City adopts a Comprehensive Plan to guide the land use and said this site has been zoned a commercial use based on Hwy 101 and access. City Planner Licht said that the city does not specify which uses go at specific locations but identifies a range of uses allowed within the same zoning district. The burden is on the applicant to show that they comply with all the performance standards applicable to the use. City Planner Licht said that the Planning Commission reviews the application and their recommendations are forwarded to the City Council and then the City Council makes a decision based on the performance standards in the Zoning Ordinance. City Planner Licht said that it's not a question of should a truck stop be allowed at this location, it is allowed by the zoning; rather the question is has the developer met all the performance standards for that use. Mr. Smaciarz asked what benefit Wildflower Meadows gains from having a truck stop in their backyard. Mr. Smaciarz asked if the truck stop does go through when it would start. City Planner Licht said the developer would be free to apply for a building permit as soon as they receive the City Council approval. Angie Redeem, 6429 James Avenue, Minneapolis, said she is a realtor in the area and said that she doesn't think some would have bought the in the neighborhood if they knew about the proposed development. Ms. Redeem thought it would be a strip mall or some sort but never thought a truck stop. Ms. Redeem said no one wants a truck stop in their backyard and they have a right to quiet and to enjoy their property. Cynthia Lind, 16689 72" d Street NE, asked what the elevation of the site is; how much higher than 72" d Street and Quenroe Avenue. Ms. Lind said she doesn't see how a galvanized fence will buffer. City Planner Licht said the grading plan for Kwik Trip shows the building at approximately the same elevation as the existing townhouse buildings. Jesse Arntson, 7281 Quigley Avenue NE, asked if the builder pulls out of the project will the park still be developed. City Planner Licht said the City has already authorized with planning for the park this year and building of the park is included in the Capital Improvement Plan for next year. 7 Karin Johnson, 16643 72"d Street NE, said she agrees with Angie Redeem that she had thought it would be a strip mall never thought a truck stop. Ms. Johnson said she can't see personally that it will benefit to her or if she will even use the facility. Clint Gustafson, 7244 Quigley Avenue NE, said north of his development is a giant trailer park and then now you are proposing a giant truck stop. He questioned who would buy in this development and said he can't believe this is being considered. City Planner Licht explained this use is allowed in the Zoning Ordinance. Mr. Gustafson said if 72" d Street does go through there will be a law suit against the City. Mr. Gustafson said signs are not going to do anything and that a gas station would be nice but a truck stop is not needed. Kevin Voller, 16445 70th Street NE, owner of Anoka Equine, said he welcomes Kwik Trip into the neighborhood. Dr. Voller said through the years he has seen lots of development and lots of change and that the development to the south of him has been good neighbors. Dr. Voller said he has talked with the people at Ruan on not using engine breaks and he would ask that it not be allowed with this development as it sets off the horses. Dr. Voller also questioned the car wash dryer noise it will project towards their property as they work horses and he concerned with safety. Dr. Voller said he would be willing to work with Kwik Trip to determine and said he welcomes the tax base from Kwik Trip. Casey Darkenwald, 9249 Kaeding Avenue NE, said thank you for looking at his project he said they have worked with Rottlund to establish the street connection and land uses and they have worked with Meridian Land Company as well. Thank you for considering. Karin Johnson, 16643 72nd Street NE, said she respects Anoka Equine comments, good to bring tax base to our area, maybe for his business, but for a resident it will have a different impact. Commissioner Nichols asked with regards to the noise issue is there a decimal limit and how is the noise level determined. City Planner Licht said the Planning Commission may consider requiring a sound study by the developer. Commissioner Schuck asked if a sound study is required what we would do with that once received and if the City can place additional restrictions. City Planner Licht said the Planning Commission can request additional information and can add additional restrictions. City Planner Licht said that the potential noise impact to adjacent properties is a factor in the Planning Commission's decision having the info to make that finding is allowed. Commissioner Mord asked is there is existing noise limits. City Planner Licht said the Zoning Ordinance references noise limits established by Minnesota rule and enforced by the MPCA. Commissioner Mord asked the developer if this project is contingent upon the 24 hour operation. Mr. Tegan said yes that they definitely need the 24 hour operation at this facility. Commissioner Thompson asked City Planner Licht to explain if this is application is denied what is the next step for the developer. City Planner Licht said the applicant can appeal to the City Council and to have the decision reconsidered and also have the opportunity to appeal to the District Court if the appeal is also denied. Commissioner Mord said we have been using the Holiday gas station as a template for the 24 hours operation; the proposed application is a more expanded operation. City Planner Licht said Holiday is allowed 24 hour operation, but they don't have semi -truck parking, and they don't have diesel islands or sufficient access so this is a different use. Mr. Tegan addressed Dr. Voller's comments that they will add signage to prohibit engine braking and that they will work with Dr. Voller on the dryer noise if it is a problem with the horses. Mr. Tegan reiterated his concern for the neighbors and they will do their best on those. Mr. Tegan said on the lighting you will see the lights but it does not get off their lot. Mr. Tegan said they will be policing there property the best they can and compared the site to the TA site in Rogers for example, which has around 150 truck stalls versus 22 stalls proposed here. Cynthia Lind, 16689 72nd Street NE, said it is the first she heard the use to be a 24 hour truck stop and said she feels it doesn't belong. Paul Smaciarz, 7272 Quigley Avenue NE, said that if Kwik Trip is to only have 22 stalls where will the over parking go. Cynthia Lind, 16689 72nd Street NE, asked where that traffic will go and will they use 72nd street? Ms. Lind doesn't think there is enough room to accommodate trucks and asked how the traffic will move through that area. City Planner Licht said the City Engineer, MnDot and Wright County would evaluate but that the City Engineer has found it is adequate. Paul Smaciarz, 7272 Quigley Avenue NE, said that with two lanes south bound, if 72nd comes through to Wildflower Meadows, the traffic will go right down and make a left and go right in front of his house. City Planner Licht said the quickest access to the site is off CSAH 37 at the intersection of 72nd Street. Mr. Smaciarz said he understands that part but if it's backed up and people are trying to get out. City Planner Licht said if that does become an issue it would be enforced. Jesse Arntson, 7281 Quigley Avenue NE, would you consider a one way on 72nd Street if it wasn't an in and out but an exit road only from Wildflower Meadows. That would eliminate the truck traffic. City Planner Licht said he has seen that done in other communities were they will restrict traffic between transitions such as that. He said that is something the City Engineer could comment on. The issue is the access has potential to be cut off right in right out in the future based on county spacing guidelines. He also stated this is more on the plat then Kwik Trip. we Karin Johnson, 16643 72"d Street NE, said she thought she was going to be able to go out Quigley Avenue to avoid congestion. City Planner Licht said that Wright County controls the access points and they have greater spacing requirements than the City. Paul Smaciarz, 7272 Quigley Avenue NE, asked the commissioners to please not let the Kwik Trip go through as he doesn't want this in his back yard. Karin Johnson, 16643 72"d Street NE, said she loves her area it's a great place to live, and she always expected some development, just didn't expect a truck stop. Ms. Johnson said this will impact her daily life, the traffic, the sounds, and the lights and asked the Commission to consider the residents. Chair Black closed the Public Hearing at 9:50 PM. Commissioner Nichols said there were written comments submitted have any of these been incorporated into the discussion tonight. He said he doesn't feel ready to vote on this personally: He would like to see additional information on the noise issue and a summary of written comments. The commission agreed. City staff to bring back summary of written comments, traffic, sound, landscaping, revised lighting, modify sign plan. Commissioner Nichols motioned to table this item until June 1, 2015. Seconded by Commissioner Mord. All in favor. Motion carried. Non- Hearing Item: 2.4 Wilson Preserve. City Planner Licht said the report in the packet is outdated. City staff received a revised grading plan today and both the Planning and Parks Department have reviewed are ok as submitted. City staff recommends approval. Commissioner Nichols motioned to approve the revised grading plan as presented. Seconded by Commissioner Kolles. All in favor. Motion carried. 3 Update on City Council actions. Mayor Stockamp updated the Commissioners on City Council actions. 4 Update on future Planning Commission Agenda items. Next meeting June 1, 2015 at 7 PM. 5. Adjourn. Commissioner Stritesky motioned to adjourn. Seconded by Commissioner Thompson. All in favor. Motion carried. Adjourned at 10:06 PM. 10 Tami Loff, City Clerk 11