03-13-2012 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION
• HELD AT ELK RIVER CITY HALL
TUESDAY, MARCH 13, 2012
Members Present: Vice Chair Westberg, Commissioners Anderson, Bell, Johnson and
Konietzeko
Members Absent: None
Staff Present: Jeremy Barnhart, Planning Manager; Chris Leeseberg, Planner/Park
Planner; 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 6:30 p.m. by Vice Chair Westberg.
2. Consider 3 / 13 / 12 Planning Commission Agenda
MOVED BY COMMISSIONER ANDERSON AND SECONDED BY
COMMISSIONER JOHNSON TO APPROVE THE MARCH 13, 2012
PLANNING COMMISSION AGENDA WITH THE FOLLOWING
ADDITION:
r 3.1 -OATH OF OFFICE -MARK KONIETZEKO
MOTION CARRIED 5-0.
3. Consider 2/14/12 Planning Commission Minutes
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER BELL TO APPROVE THE FEBRUARY 14, 2012 MINUTES.
MOTION CARRIED 5-0.
3.1 Oath of Office
Mark Konietzeko was sworn in as Planning Commissioner at this time.
4.1 Request by Adam Ahern/D. Johnson for Conditional Use Permit to Amend Elk River Retail
Planned Unit Development to allow Commercial Recreational Uses. Public Hearing -Case
No. CU 12-01
4.2 Request by Adam Ahern/D. Johnson for Conditional Use Permit for Commercial
Recreational Use (Karate Studio -Academy of Elk River. Public Hearing -Case No. CU
12-02
Mr. Leeseberg reviewed the staff reports. He explained that the term `commercial
• recreation' is relatively new and has only been incorporated into the city's ordinance within
the last five years. Mr. Leeseberg stated that the underlying land use is highway commercial,
Planning Commission Minutes
March 13, 2012
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which allows commercial recreational uses. Staff recommends approval of the PUD •
amendment and requested use for the site.
Vice Chair Westberg opened the public hearing for the two items. No comments were
received and the public hearing was closed.
MOTION BY COMMISSIONER BELL AND SECONDED BY
COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE
REQUEST FOR A CUP TO AMEND THE ELK RIVER RETAIL PUD TO
ALLOW RECREATIONAL USES. MOTION CARRIED 5-0.
MOTION BY COMMISSIONER ANDERSON AND SECONDED BY
COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE
REQUEST FOR A CUP TO ALLOW A RECREATIONAL USE (KARATE
STUDIO AT 18850 DODGE STREET), WITH THE FOLLOWING
CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,
THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS.
2. SIGNAGE REQUIREMENTS SHALL BE AS OUTLINED IN THE ELK
RIVER RETAIL CENTER PLANNED UNIT DEVELOPMENT
AGREEMENT.
3. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT.
MOTION CARRIED 5-0. •
4.3 Request by Elk River Lutheran Church for Conditional Use Permit for Church (Institutional
Use) at 729 Main Street (Former First National Bank Public Hearing -Case No. CU 12-03
Jeremy Barnhart reviewed the staff report. He discussed details regarding landscaping,
internal layout, exterior changes and parking. Mr. Barnhart noted that a variance regarding
the amount of impervious surface will be reviewed by the Board of Adjustments on March
20, 2012. Staff recommends approval of the proposal with the five conditions listed in the
staff report to the Planning Commission dated March 13, 2012. Mr. Barnhart reviewed each
of the five conditions.
Vice Chair Westberg opened the public hearing. No comments were received and the
public hearing was closed.
Vice Chair Westberg asked if the parking agreements with adjacent property owners have
been obtained in writing. Mr. Barnhart stated he has received one from Dares. A
representative from Elk River Lutheran stated that they also have one from First National
Bank.
Commissioner Bell asked if the handicap parking spaces would be on city property. Mr.
Barnhart stated staff is recommending the handicap parking be located on private property,
on the lower level behind the building. Commissioner Bell stated he had some concern
about parking if there were a number of events going on downtown at the same time. Mr.
Barnhart explained that there is a fine line between protecting the downtown parking and •
Planning Commission Minutes
March 13, 2012
having an empty downtown. He stated that the church will utilize the downtown parking,
• but the use will also provide energy to the downtown businesses.
Commissioner Anderson asked if staff has received any feedback from downtown
businesses on this request. Mr. Barnhart stated that he has received no comments for or
against the use. He noted that the applicant provided an opportunity for comments by
holding an open house. Commissioner Anderson stated he has concerns with parking and
asked if the applicant was aware of the fact that a downtown plan is being discussed. Mr.
Barnhart stated that although a downtown plan is being considered, there is no plan to show
at this time. He noted that the applicant has done exactly what the city has asked of them
throughout the review of their proposal.
Commissioner Johnson asked if the neighboring property owners are aware of the plan. Mr.
Barnhart stated that property owners within 350 feet of the site have been notified.
Commissioner Johnson stated that if no one has come forward to speak against the plan, he
does not have a problem recommending approval.
Commissioner Bell stated that he would like to see the crosswalks added mid-intersection
and marked clearly for the safety of church attendees parking across the street, especially
during evening hours.
Vice Chair Westberg asked what would happen if there were a number of large activities
occurring in the downtown at one time. Mr. Barnhart stated that there could be the
potential fora "perfect storm" of parking demand, but that there is some give and take in
the downtown.
• Commissioner Anderson questioned why the variance was following the CUP. He stated he
would like to know the outcome of the variance before moving forward on the CUP. He
stated that he could not approve the request because of his concerns with parking. Mr.
Barnhart explained that the Shoreland issue was identified during the review of the plans and
after the deadline for notification was past. He explained that only when all other solutions
have been exhausted does staff support a variance, and this is one of those cases.
Vice Chair Westberg stated that he would rather see the building used than sitting vacant.
MOTION BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KONIETZKO TO RECOMMEND APPROVAL OF THE
REQUEST BY ELK RIVER LUTHERAN CHURCH FOR A CONDITIONAL
USE PERMIT FOR A CHURCH AT 729 MAIN STREET, WITH THE
FOLLOWING CONDITIONS:
1. A VARIANCE IS OBTAINED FROM THE SHORE LAND
REGULATIONS.
2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,
THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS.
3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
4. ALL SIGNAGE MUST RECEIVE A PERMIT PRIOR TO
CONSTRUCTION AND INSTALLATION.
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5. A 12 FOOT EASEMENT FOR TRAIL PURPOSES SHALL BE PROVIDED
• IMMEDIATELY SOUTH OF THE EXISTING CURB LINE ON THE
SOUTH SIDE OF THE SITE.
Planning Commission Minutes
March 13, 2012
MOTION CARRIED 4-1. Commissioner Anderson opposed.
5. General Business -None
6. Adjournment
There being no further business, VICE CHAIR WESTBERG ADJOURNED THE
MEETING.
The meeting of the Elk River Planning Commission adjourned at 7:13 p.m.
Minutes prepare Debbie Huebnero
Tina Allard
City Clerk
Chad Westberg
Vice Chair, Planning Commission
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