06-12-2012 PC MIN • MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY,JUNE 12, 2012
Members Present: Vice Chair Westberg,Commissioners Johnson,Keller and Konietzko
Members Absent: Chair Anderson and Commissioner Bell
Staff Present: Jeremy Barnhart,Planning Manager;Chris Leeseberg,Planner/Park
Planner;Debbie Huebner,Recording Secretary
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 6:30 p.m. by Vice Chair Westberg.
2. Consider 6/12/12 Planning Commission Agenda
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KONIETZKO TO APPROVE THE JUNE 12,2012
PLANNING COMMISSION AGENDA. MOTION CARRIED 4-0.
3.1 Consider 4/10/12 Planning Commission Minutes
• MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KELLER TO APPROVE THE APRIL 10,2012 MINUTES.
MOTION CARRIED 4-0.
3.2 Consider 5/8/12 Planning Commission Minutes
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KELLER TO APPROVE THE MAY 8,2012 MINUTES.
MOTION CARRIED 4-0.
4.1 Request by Dean Johnson for Rezoning of Elk River Retail Center to C3 Highway
Commercial,Case No. ZC 12-02—Public Hearing
4.2 Request by Mark Leadens for Conditional Use Permit to allow Nature's Dry Cleaning at
18850 Dodge Street,Case No. CU 12-12—Public Hearing
Staff report presented by Chris Leeseberg.
Vice-Chair Westberg opened the public hearing for both items. No one spoke for or in
opposition of the zone change or conditional use permit. Vice-Chair Westberg closed the
public hearing.
Vice-Chair Westberg asked if the drive thru was wide enough for the canopy and an
• emergency vehicle drive aisle. Mr.Leeseberg stated yes.
Planning Commission Minutes Page 2
June 12,2012
Commissioner Konietzko asked for clarification on the term"maintain". Mr.Leeseberg •
explained.
MOVED BY COMMISSIONER KONIETZKO AND SECONDED BY
COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE
REQUEST BY DEAN JOHNSON FOR REZONING OF ELK RIVER RETAIL
CENTER AND ELK RIVER RETAIL CENTER NO. 2 FROM PLANNED
UNIT DEVELOPMENT(PUD)TO C3 (HIGHWAY COMMERCIAL).
MOTION CARRIED 4-0.
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KELLER TO RECOMMEND APPROVAL OF THE
REQUEST BY MARK LEADENS FOR A CONDITIONAL USE PERMIT TO
OPERATE A DRYCLEANING ESTABLISHMENT (NATURE'S DRY
CLEANING), WITH THE FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,
THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS.
2. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT.
3. ALL EXTERIOR CHANGES WILL REQUIRE A PERMIT AND
ARCHITECTURAL DRAWINGS.
4. A 20 FOOT DRIVE AISLE MUST BE MAINTAINED ON THE EAST SIDE
OF THE BUILDING AT ALL TIMES.
MOTION CARRIED 4-0. •
4.3. Request by Ryan Brown of Twin Cities Pawn for Conditional Use Permit to Amend the Elk
Park Center Planned Unit Development to Allow Pawn Shops as a Conditional Use,Case
No. CU 12-09—Public Hearing
4.4 Request by Ryan Brown of Twin Cities Pawn for Conditional Use Permit to Operate Pawn
Shop at 19179 Freeport Street(former Hollywood Video Space),Case No. Cu 12-10—
Public Hearing
The staff report was presented by Jeremy Barnhart. He noted that there would be no
changes to the building,other than some additional signage. Staff recommends that the
trees that have died be replaced and the drop box removed.
Vice-Chair Westberg opened the public hearing for both items. There being no comments
for or against the requests,Vice-Chair closed the public hearing.
Commissioner Johnson asked the applicant if he intended to have outdoor storage. Mr.
Brown stated no.
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KONIETZKO TO RECOMMEND APPROVAL OF THE
REQUEST BY RYAN BROWN TO AMEND THE ELK PARK CENTER PUD
AGREEMENT AS FOLLOWS:
•
Planning Commission Minutes Page 3
June 12,2012
• THE FOLLOWING SHALL BE ADDED TO SECTION 3,
SUBSECTION (02)CONDITIONAL USES OF THE AGREEMENT
DATED MAY 4, 1994:
PAWN SHOPS, PROVIDED THEY MAINTAIN A 250-FOOT
SETBACK FROM RESIDENTIALLY-USED PROPERTY AND A 500-
FOOT SETBACK FROM SCHOOLS, PARKS, DAY CARE CENTERS,
CHURCHES AND OTHER PAWNSHOPS,MEASURED FROM THE
PROPERTY LINE.
THE MOTION CARRIED 4-0.
MOVED BY COMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KONIETZKO TO RECOMMEND APPROVAL OF THE
REQUEST BY RYAN BROWN FOR A CONDITIONAL USE PERMIT TO
OPERATE A PAWN SHOP AT 19179 FREEPORT STREET(FORMER
HOLLYWOOD VIDEO STORE),WITH THE FOLLOWING CONDITIONS:
1. THE SPACE SHALL COMPLY WITH ALL APPLICABLE BUILDING
AND FIRE CODES.
2. AS THE CUP IS NOT A BUILDING PERMIT, THE PROPERTY OWNER
SHALL OBTAIN ALL NECESSARY BUILDING PERMITS.
3. THE PROPRIETOR SHALL OBTAIN AND MAINTAIN ALL
• APPLICABLE PAWN LICENSES.
4. NO OUTDOOR STORAGE OR DISPLAY IS PERMITTED.
5. THE INFRASTRUCTURE ASSOCIATED WITH THE FORMER DROP
BOX AREA SHALL BE REMOVED AND LANDSCAPING
REINTRODUCED.
6. DEAD TREES ON SITE SHALL BE REPLACED.
MOTION CARRIED 4-0.
4.5 Request by AutoZone for Site Plan Approval to Allow Auto Parts Store,Lot 1.Block 1 Elk
River Crossing 3rd (west of Zane and south of existing gas station/convenience store). Case
No. SP 12-02—Public Hearing
The staff report was presented by Jeremy Barnhart. Mr.Barnhart noted that staff is working
with the applicant on the following issues: 1) dumpster at rear, facing Highway 169;cannot
be made of wood;2) signage needs to meet PUD requirements;3) lighting plan.
Commissioner Johnson asked if staff took into consideration the proposed Highway 169
plans when reviewing this application. Mr.Barnhart explained that the proposed plans have
not been approved by the federal government. He stated that the access could be impacted
by the plans,but that staff must review the application on what currently exists.
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KONIETZKO WITH THE FOLLOWING CONDITIONS:
•
Planning Commission Minutes Page 4
June 12,2012
1. ALL ITEMS OF THE STAFF COMMENT LETTER DATED MAY 18,2012
SHALL BE ADDRESSED. •
2. AS SITE PLAN APPROVAL IS NOT A BUILDING PERMIT,THE
APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS.
3. THE LANDSCAPE PLAN NEEDS TO BE SIGNED BY A LANDSCAPE
ARCHITECT AND INCLUDE AT LEAST 16 OVER STORY, 8
EVERGREEN,AND 8 ORNAMENTAL TREES.
4. THE LIGHTING PLAN NEEDS TO BE ADJUSTED TO MAINTAIN AN
AVERAGE OF 3 FOOTCANDLES.
5. THE DUMPSTER ENCLOSURE WILL NEED TO BE MODIFIED TO
MEET THE PUD REQUIREMENTS.
6. SIGNAGE AS SHOWN IS NOT APPROVED,AND WILL NEED TO
MEET APPLICABLE REGULATIONS OUTLINED I•N THE ER
CROSSING PUD AGREEMENT.
7. A NPDES PERMIT IS REQUIRED PRIOR TO GRADING OPERATIONS.
THE MOTION CARRIED 4-0.
4.6 Request by Elk River EDA for Preliminary Plat of Nature's Edge Business Center. Case No.
P 12-02—Public Hearing
The staff report was presented by Jeremy Barnhart. He noted that this plat is a replat of
Gateway Business Park. He stated that the replat reflects the long-term plans of the FAST
Study. Mr.Barnhart explained that 171st Avenue will remain as is,and Twin Lakes Road will
go thru the plat. He noted that a round-about is proposed.
410
Vice-Chair opened the public hearing. There being no comments for or against the
application,Vice-Chair closed the public hearing.
MOVED BY COMMISSIONER KONIETZKO AND SECONDED BY
COMMISSIONER KELLER TO RECOMMEND APPROVAL OF THE
PRELIMINARY PLAT OF NATURE'S EDGE BUSINESS CENTER WITH
THE FOLLOWING CONDITIONS:
1. ACCESS CONTROL SHALL BE DEEDED TO MNDOT FROM OUTLOT
B.
2. 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 OF THE
RESIDENTS.
3. A WETLAND BUFFER OF 25 FEET APPLIES TO ALL WETLANDS AND
A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES.
AN EXHIBIT SHALL BE PREPARED AND INCLUDED IN THE
LITERATURE PROVIDED TO POTENTIAL BUYERS.
. 4. WETLAND BOUNDARIES SHALL BE POSTED IN A MANNER
ACCEPTABLE TO THE ENVIRONMENTAL ADMINISTRATOR.
5. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY •
PLAT,THE FOLLOWING EASEMENTS SHALL BE PROVIDED:
Planning Commission Minutes Page 5
June 12,2012
• I. A 25-FOOT EASEMENT ADJACENT TO THE OUTSIDE EDGE
OF DELINEATED WETLANDS TO NOTE, PRESERVE AND
PROTECT THE REQUIRED NO-TOUCH BUFFER.
II. A 20-FOOT PEDESTRIAN EASEMENT ADJACENT TO THE 25-
FOOT EASEMENT ON THE OUTSIDE EDGE OF THE
DELINEATED WETLANDS TO PROVIDE FOR THE FUTURE
CONSTRUCTION OF A PEDESTRIAN AMENITY.
6. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF
CONSTRUCTION DRAWINGS.
7. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING
MANNER:
I. IN THE FORM OF CASH FOR 19.12 ACRES LOTS AT THE RATE
APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL.
(CURRENTLY$2,485 PER ACRE)
8. 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.
9. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE
AFTER 1 YEAR,UNLESS THE PROPERTY OWNER OR OWNER'S
AGENT HAS SUBMITTED A FINAL PLAT OR LETTER OF REQUEST
FOR EXTENSION.
• THE MOTION CARRIED 4-0.
4.7 Request by City of Elk River for Ordinance Amendment Regarding Commercial
Recreational Uses. Case No. OA 12-03—Public Hearing
The staff report was presented by Jeremy Barnhart. The Planning Commission is asked to
consider what types of recreational uses they would like to see in Elk River,and where those
uses would be appropriate.
Vice-Chair asked what type of use batting cages and go carts would be. Mr.Barnhart stated
that would be indoor commercial recreational uses. Mr.Barnhart explained that staff did not
feel the Business Park zoning would be appropriate for commercial recreational uses, since
this property is reserved for higher end industrial uses,with a focus on job creation.
Commissioner Keller stated that he could see having these types of uses in industrial areas,
but also felt they should be close to commercial uses, such as restaurants and gas stations.
Vice-Chair Westberg stated that bowling alleys and softball complexes or go-cart tracks are
very different types of uses and located in different zoning districts.
Commissioner Johnson noted that Maple Grove has indoor soccer located in an industrial
park and is well-used.
Mr.Barnhart asked that the Commission think about where the various types of commercial
recreational uses would be appropriate in the city.
•
Planning Commission Minutes Page 6
June 12,2012
Vice-Chair Westberg opened the public hearing. There were not comments from the public. •
Vice-Chair Westberg continued the public hearing.
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KONIETZKO TO TABLE THE REQUEST BY THE CITY
OF ELK RIVER AN ORDINANCE AMENDMENT REGARDING
COMMERCIAL RECREATIONAL USES TO THE JULY 10, 2012 MEETING.
MOTION CARRIED 4-0.
5. Cancel August 14,2012 Planning Commission Due to Primary Election and Call Special
Meeting—Alternate Date
MOVED BY COMMISSIONER JOHNSON AND SECONDED BY
COMMISSIONER KELLER TO CANCEL THE AUGUST 14 REGULAR
PLANNING COMMISSION MEETING AND CALL A SPECIAL MEETING
FOR WEDNESDAY,AUGUST 15, 2012 AT 6:30 P.M. MOTION CARRIED 4-
0.
6. Announcements—No announcements.
7. Adjournment
There being no further business,Vice-Chair Westberg adjourned the meeting.
The meeting of the Elk River Planning Commission adjourned at 7:25 p.m.
4110
Minutes prepared by Deb.r Huebner.
Tina Allard
City�rk
7,
„, ,, Wad Chad Westberg,Vice-Chai
•