07-22-2014 PC MIN t lk
E _
�+-� Meeting of the Elk River Planning Commission
River Held at the Elk River City Hall
Tuesday, July 22, 2014
Members Present: Chair Eric Johnson, Commissioners Andrew Cook,Jeremy Johnson, Mike
Keller, Mark Konietzko,Jill Larson-Vito and Thomas Petschl
Members Absent: None
Staff Present: Park Planner/Planner Chris Leeseberg, Planner Zack Carlton and Recording
Secretary Debbie Huebner
I. 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 Chair Eric Johnson.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 7/22/14 Planning Commission Agenda
Moved by Commissioner Konietzko and seconded by Commissioner Keller to
approve the July 22,2014, Planning Commission agenda. Motion carried 7-0.
4. 6/24/2014 Planning Commission Minutes
Motion by Commissioner Konietzko and seconded by Commissioner Larson-Vito to
approve the May 27, 2014, Planning Commission minutes. Motion carried 7-0.
5.I Request by Jenna Swedberg for Conditional Use Permit for Daycare (Dawn
of Discovery), 19280 Evans Street NW, Case No. CU 14-16 — Public Hearing
The staff report was presented by Chris Leeseberg. Staff recommended approval with the 5
conditions listed in the staff report.
Chair Johnson opened the public hearing.
Jeff Swedberg,representing the applicant, stated he was available to answer any questions
staff or the Commission may have.
There being no public comment, Chair Johnson closed the public hearing.
Planning Commission Minutes Page 2
July 22,2014
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Keller to
recommend approval of the request by Jenna Swedberg for a Conditional Use Permit
for a Daycare at 19280 Evans Street NW,with the following conditions:
1. The Conditional Use Permit is not a building permit and the applicant must
apply for and receive approval of required building and sign permits before
construction may begin.
2. The building shall meet all building and fire codes.
3. The applicant must apply for and receive approval of all required sign permits
before signage may be installed.
4. The facility shall not be licensed for more than 120 children.
5. If the facility is to be licensed for more than 120 children, an amendment to the
CUP will be required.
Motion carried 7-0.
5.2 Request by Starbucks for Conditional Use Permit to Amend PUD
Agreement signage, 19171 Freeport Street, Case No. CU 14-15 — Public
Hearing
The staff report was presented by Chris Leeseberg. Mr. Leeseberg provided a PowerPoint
presentation,identifying which signs proposed by Starbucks meets the PUD regulations and
which did not. Staff recommends denial of the request because no language was provided to
amend the PUD and the proposed signage does not reflect the goals of the PUD agreement.
Chair Johnson asked if the only item outstanding was the PUD language. Mr. Leeseberg
stated yes and that he had sent several correspondences to the applicant,asking for the
language. He added that staff is not comfortable with all the signage that is being proposed.
Chair Johnson asked if the amendment would affect all signage in the PUD. Mr. Leeseberg
stated yes. He noted that the PUD language was amended for the furniture store. He stated
that the Planning Commission could approve, deny or postpone the request.
Chair Johnson opened the public hearing.
Paul Miller,representing the sign company, stated that that brand identification is very
important for business generation. Commissioner Konietzko asked if Mr. Miller would be
involved with generating the necessary language for the PUD amendment. Mr. Miller stated
no, that the language would be generated by Hilton Displays Company. Commissioner
Crook asked if Mr. Miller was aware of the opening date. Mr. Miller stated no.
Chair Johnson stated that he agreed there is a need for additional signage, especially on the
side of the drive-thru. He stated it may be best to postpone the item. Commissioner Johnson
stated that since the applicant was not present, he was in favor of tabling the item.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner
Konietzko to table the request by Starbucks for a Conditional Use Permit to Amend
Planning Commission Minutes Page 3
July 22,2014
the Elk Park Center PUD to the August 26, 2014 Planning Commission meeting.
Motion carried 7-0.
5.3 Request by Roger Derrick/Washington Street Investors, LLC for Preliminary
Plat Approval for West Oaks Fifth and Sixth Additions, Case No P 14-06 -
Public Hearing
The staff report was presented by Chris Leeseberg. Mr. Leeseberg explained that staff is
supportive of rezoning the property,in order to allow the number of lots proposed for the
fifth and sixth additions. Since the rezoning was not part of the original submittal, staff
recommended the Planning Commission open the public hearing on this application,
continue the public hearing, and postpone action until the August 26, 2014 meeting, at
which time the rezoning can also be considered.
Chair Johnson opened the public hearing. Chair Johnson continued the public to the August
26, 2014 meeting.
Commissioner Petschl asked what the space between the units was proposed. Mr. Leeseberg
stated it was 10 feet.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Petschl to
table the request by Roger Derrick/Washington Street Investors, LLC for
Preliminary Plat approval of West Oaks Fifth and Sixth Additions to the August 26,
2014 meeting. Motion carried 7-0.
5.4 Request by Meadow Creek Builders for Zone Change ZC 14-01, Preliminary
Plat of Kliever Lake Fields Fifth Addition - Case No. P 14-07, and Conditional
Use Permit for PUD, Case No. CU 14-17 — Public Hearings
The staff report was presented by Zack Carlton. Staff recommended approval of the items
with the conditions listed in the staff report.
Chair Johnson opened the public hearing.
Tim Pomerleau, applicant, stated that the only issue he had was regarding who would
maintain the bike path between 180t Avenue and Grant Street. Mr. Carlton stated it appears
the current property owner of the proposed plat owns the bike path,but ownership would
be determined. If the city owns the property, the city will be responsible for repairing the
trail.
There being no public comment, Chair Johnson closed the public hearing.
Planning Commission Minutes Page 4
July 22,2014
Motion by Commissioner Konietzko and seconded by Commissioner Jeremy
Johnson to recommend approval of the request by Tim Pomerleau of Meadow Creek
Builders for a Zone Change to rezone the property proposed to be platted as Kliever
Lake Fields Fifth from R3 Multiple Family/Townhouse to PUD (Planned Unit
Development). Motion carried 7-0.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner
Konietzko to recommend approval of the request by Tim Pomerleau for the
preliminary plat of Kliever Lake Fields Fifth Addition with the following conditions:
1. All necessary permits must be acquired before any work in the right-of-way
begins.
2. Extend the proposed drainage and utility agreements to a line equal to the
backside of the existing townhome lots.
3. Prepare a homeowners association agreement per Section 30-944 for review and
approval by the City Attorney.
4. Submit a maintenance agreement, for city approval, outlining ownership and
maintenance responsibilities for the common areas.
5. Plat Outlots A& B as parcels with lot and block designations.
The motion carried 7-0.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Crook to
recommend approval of the request by Tim Pomerleau for a Conditional Use Permit
to establish a PUD with the following conditions:
1. Submittal of written confirmation that floor plans,building elevations, and
building materials are consistent with Kliever Lake Fields 4th Addition.
2. Submittal of an updated landscape plan addressing staffs comments in the letter
dated July 16, 2014.
3. A PUD agreement shall be developed and signed by both the parties prior to
issuance of a building permit.
4. Repair the trail between 180th Lane and Johnson Street before a building permit is
issued.
Motion carried 7-0.
5.5 Request by City of Elk River for Preliminary Plat— Nature's Edge Business
Center Second Addition, Case No. P 14-05 - Public Hearing
The staff report was presented by Zack Carlton. Staff recommended approval of the request
with the 11 conditions listed in the staff report.
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Planning Commission Minutes Page 5
July 22,2014
Motion by Commissioner Keller and seconded by Commissioner Petschl to
recommend approval of the request by the City of Elk River for preliminary plat
approval of Nature's Edge Business Center Second Addition,with the following
conditions:
1. Access control shall be deeded to MnDOT from Outlot A.
2. No additional drainage shall be routed to MnDOT right of way.
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 of the residents.
4. 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.
5. Wetland boundaries shall be posted as directed in Section 30-1852
6. In addition to the easements shown on the preliminary plat,the following easements
shall be provided:
a) A 25-foot easement adjacent to the outside edge of delineated wetlands to note,
preserve and protect the required no-touch buffer.
b) 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.
7. A NPDES permit is required prior to final approval of construction drawings.
8. Street trees shall be added along the trail on the east side of Twin Lakes Road and along
both sides of 168th Lane,one tree per 40 feet.
9. Park dedication shall be provided in the manner prescribed by the zoning ordinance at
the time of Final Plat release.
10. 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.
11. 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 7-0.
6. General Business —None
7.1 City Council Liaison Update
Councilmember Burandt updated the Commission on Council action taken on the June 24,
2014, Planning Commission items.
8. Adjournment
There being no further business, Commissioner Jeremy Johnson moved to adjourn the
meeting.
The meeting of the Elk River Planning Commission adjourned at 7:10 p.m.
Planning Commission Minutes Page 6
July 22,2014
Tina Allard
City Clerk
c ohnson, Chair, Planning Commission