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9 PCSR 06-22-1993 ITEM 9 ty of TO: PLANNING COMMISSION A1( � j• STEPHEN ver FROM: ADMINISTRATOR BUILDING & ZONING DATE: JUNE 9, 1993 .5s4 SUBJECT: EXTENSION OF A CONDITIONAL USE FOR CONVENIENCE STORE/GAS STATION BY KEN BEAUDRY/PUBLIC HEARING, CASE NO. CU 91-02 In June 1991, Ken Beaudry received approval of a condition use permit by the Elk River City Council to construct a gas station/convenience store on the NW corner of the intersection of Proctor Avenue and Highway 10 . To refresh your memory, a map showing the affected property is attached as well as a site plan, and a copy of the recorded conditional use permit. Mr. Beaudry has not yet started construction of his project and is requesting an extension on his conditional use permit from the City Council, which takes Planning Commission recommendation. The Planning Commission is not being asked to reconsider all of the specific details of this site plan. You • must decide whether or not the circumstances in this area have changed since approval was given, therefore, an extension should not be granted, or the circumstances are basically the same and an extension is warranted. Mr. Beaudry will be at Tuesday night ' s meeting to address any questions you may have. • P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 4Ao ! b`, ( c r— .„,i/ 4: :,...)__r -.-\\ St .,,r,...); ,... . . - 1 3 z 4 iss.0 s, . .. Roi I I O J .S. 1 FUME/VCR OJ =NO Ovz� 111 ELK 21h t 1 • 1 1 L a ZNO 1 r g-Rid 9 I 2'3,k4s iSS�-;•- ,1-.1 8w0i,s " i ` n 4001T10N t I'�IeJE! I I .F./. 311111Hili 'It- . H INS atiiiilly / 1: 's d E Rp ,., .".e \ ur 90TN�C.Rl OC •_ �- �t 9 -e ffli 1:-LZ <F F,,.::9 ;,.'''a","-N:14, %Von ' , r-- ,vms�37}r (r.... 3.-... ' . 1 1 1 '- • El _--%.' j J W III I sc 00L sr. t..if;:7 I I 1 -1.1.,sz ii 41 H F11 FriTT1 z E., ,. .,,,m., c,,,,,_,.:. . —_, p1To�s •• .� AFFECTED o �V: ," ziiii, \ S LO i - 1 /Js •1 I _ gas I Pc' GiltPia —„ E - .., , ,,,,, m 310 Ti nsfltr. ft' --CFI 1 , tir,_._,, 5 NN ifellt ,,..._. 1 . 1 c .. ... _NJ � .I10111,7m n �,,,- � alankle 4 � 4ill I ,,,, ,H F 47 LSI MINI M.' OFaIL ;%''41441'%#... i ' I I as CI Ma ---% St "tk ,--. \\\ 7-T i 1 i IIM mfti 011 �i „ma. � ` / f D %., SS 1. a^y 1d4rrOR • ..4* — 1- zsv •7.40,N \ ITP .a': �e 1/ trio avE. • —z� pi _,, /, /ii/ , i , 0 . „ 1 �� / STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL • COUNTY OF SHERBURNE CONDITIONAL USE PROCEEDINGS CITY OF ELK RIVER In the Matter of Ken and Carrie Beaudry REQUEST: A conditional use permit to allow the operation of a convenience store ORDER GRANTING gas station in a C-3 zone. CONDITIONAL USE Ken and Carrie Beaudry , Owner The above entitled matter came to be heard before the City Council on " the 17th day of June, 1991, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: Lots 3, 4, 5, 6, Block 8, W.H. Houlton's Addition to the village of Elk River, Sherburne County, Minnesota. IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. That the City Council petition MnDOT to close 6th Street from Proctor Avenue east to the proposed access in order to facilitate safe traffic movements in and out of this site. Further, that no access onto 6th • Street be allowed if the western portion is not closed. 2. That the southern right-in access off of Proctor be angled more and signed in order to ensure that it is only used for right-in movements. The final design of the traffic plan shall be approved by City Engineer, Terry Maurer. 3. That the developer grant the City a 7 foot easement for street purposes on the western edge of their property to facilitate the construction of a City sidewalk once Proctor Avenue is reconstructed this fall. The easement shall be granted prior to a building permit being issued. 4. That signage on this site be as per City Code. 5. That the dumpster in the northeast corner of this site be screened to at least the height of the dumpster with materials that are architecturally harmonious with the building. Also that the dumpster be designed so that it is capable of handling recyclable materials. 6. That the developer plant 14 black hills spruce trees as indicated on the site plan to ensure screening along the northern and eastern edges of the property. 7. That the developer obtain a permit from the Fire Marshall for the location of the underground storage tanks and that a copy of this permit be submitted to City Staff for the file. • 8. That the handicapped parking stall be placed closer to the building. 25IFi96 • 9. That an additional fire hydrant be placed on 6th Street to ensure fire safety in the event that 6th Street is closed. Further, that the cost of this new hydrant be borne by the developer. 10. That the parking lot be hardsurfaced with concrete curb and gutter. 11. That loading operations be limited to 7:00 a.m. to 10:00 p.m. 12. That soil compaction tests be submitted to the City prior to building permit approval. 13. That the final site plan which shows the traffic patterns be approved by the City Engineer. 14. That the electric transformer be set back 10 feet from the building and adequately screened. 15. That lighting be directed away from residential uses. 16. That the developer obtain any permits which may be necessary for access off of 6th Street. 17. That there be no restrictions on hours of operation. • 18. That a privacy fence of not less than 80% opacity and not less than five feet in height be constructed along the northern property boundary. 19. That the costs for the 6th Street closure be borne by the developer. 20. That an additional handicapped swale be put near the entrance of the store. DATED this 19th day of June, 1991. • 21;fad; • STATE OF MINNESOTA COUNTY OF SHERBURNE ) ss. OFFICE OF CITY PLANNING AND ZONING CITY OF ELK RIVER ) CITY OF ELK RIVER I , Stephen Rohlf, Planning and Zoning Administrator for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendation of the Planning Commission, extend the permit for an additional period determined by the Council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use Permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. • L;42,-/ 1 Stephen Rohlf, Buildi g and Zoning Administrator IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River, Minnesota, in the County of Sherburne, in the City of Elk River, on the 19th day of June, 1991. DRAFTED BY: Signed before me a NOTARY PUBLIC City of Elk River Elk River, Minnesota 55330 this a..(1 .day of , 1941 . 2 5 I 5 6 -n �. .,,. LORI R JOHNSON-WARNER L t� i NOTARY PUBLIC - , SHERBURNE COUNTY MY COMMISSION EXPIRES S-1.9e Y UN 25 5 C5 i t .1 _ i litit I!htu t • r � � i f I 1 4 , r II I ( hrii 1 E ; i I, , I , L l' .. © Q 1 ! i 1---- i . \\ '----, ..ITh , 0 's1-- - MOCTOWE et_",..ts 'I ..i.:3_ T � sj -.....--. �C4 P ."7.4411; V A I i i i to I . °. Y - i /-\ „ _ ,, 4 Z _II O J k # 1111 14. 1 l i r — 3 : t E. ,_J___ __, . i , i FT,- K 1,. 1 ;° r t. t. o.e. / �f ter - 1 pit f r . ,1 4I - Ilap 9. �. Sw trr: `.� =� -a,_: P41 Si it 4 \ ,;' � III'.•. I '�\ ..\.1 ICC . $ ,;, 1 •/I-011-0 ,:,•rg ,,,it?orbi 4, I 0 r / 1 , / i I FO II 11 _.._ IiI1!ii 1111 M 1 I , __ .� -"`741 '� - -•ro. •�,. A&Ziar..a.LN i :x.. AA =2?fCT/ tae. pi .g c...g- M we.•Wrw.rrw.IIM 661.6.664.6161 666. 31143 111 n n F1 _N.. ..... wry int.674 6327 ITEM 10 ty of � TO: PLANNING COMMISSION .lkRi• ver FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: JUNE 17 , 1993 SUBJECT: CANCELLATION OF ELK PARK CENTER MEETING At the special meeting of the Planning Commission on June 10, 1993, the Elk Park Center public hearing was continued to July 15, 1993, to be held beginning at 7 p.m. at the Elk River City Hall . The developer has indicated that his consultants can not provide the materials needed in time for that meeting, therefore, it will be CANCELLED. Staff will put a notice in the paper of the cancellation. A new meeting date will be decided once the necessary materials are submitted and the meeting will be readvertised. Staff recommends the Planning Commission officially cancel this July 15, 1993, meeting by a motion. • • P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425