Agenda • CITY OF ELK RIVER
PLANNING COMMISSION
REGULAR MEETING AGENDA
Tuesday, April 24, 20011
6:30 p.m.
Elk River City Hall
The Planning Commission is an advisory body to the City Council. One of the Commission's functions is to hold public hearings and
make recommendations to the City Council. The City Council makes all final decisions on these matters. Elk River City Ordinances
require that certain documents and information be included in applications.The Planning Commission may postpone consideration of an
application that is incomplete and may,for other reasons,postpone final action on an application. For each item the Commission will
receive reports prepared by the City staff,open the hearing to the public,and discuss and act upon the application. Those present are
asked to turn off all cell phones and pagers.
ACTION
ITEM NUMBER TAKEN
1. CALL MEETING TO ORDER. 6:30 p.m.
2. CONSIDER 4/24/01 AGENDA App. 4-0
3. CONSIDER 3/27/01 MINUTES App. 4-0
III
4. PLANNING COMMISSION REPRESENTATIVE TO ATTEND 5/21/01
CITY COUNCIL MEETING Baker
5. PLANNING ITEMS
5.1. Request by Independent School District#728 for Conditional Use App. 4-0
Permit for addition to Elk River Senior High School, Public Hearing—
Case No. CU 01-14
5.2. Request by Independent School District#728 for Conditional Use App. 4-0
Permit for addition to Parker Elementary School, Public Hearing—
Case No. CU 01-15
5.3. Request by James Starry for Conditional Use Permit to operate auto App. 4-0
glass repair/replacement facility,568 Dodge Ave.,Public Hearing-Case
No. CU 01-13
5.4. Request by Heritage Landing Development for Land Use Plan App. 4-0
Amendment to place property in the Urban Service District, Case No.
LU 01-04
5.5. Request by Brian Brueske/Dick Hetland for Ordinance Amendment WITH-
to allow development of property within the urban service district DRAWN
prior to city sewer and water availability, Public Hearing— Case No.
OA 01-04
5.6. Request by Zylstra Harley-Davidson for an Amendment to a Condition- App. 4-0
al Use Permit for the Hillside Crossing PUD to allow additional wall
signage,Public Hearing— Case No. Cu 01-16
6. OTHER BUSINESS
• 6.1. Update on 4/16/01 City Council Meeting by Michele McPherson Update
• 7. ADJOURNMENT 7:45 p.m.
6.2. Legal Training-Adjourn to Training Room
"This agenda is available in alternate formats upon a 72 hour advanced notice. "Auxiliary aids and services are also available
upon a 72 hour advanced notice. Please contact the City Clerk at 441-7420(TDD 441-7420)to make a request. Examples of
alternate formats may include:large print,Braille,audio tape,etc." Examples of auxiliary aids may include a sign language
interpreter,assistive listening device,etc."
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• MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, APRIL 24, 2001
Members Present: Chair Pederson, Commissioners Baker, Ropp and Schuster
Members Absent: Commissioners Franz and Johnson
Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior
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 Chair Mesich.
2. Consider 4/24/01 Planning Commission Agenda
COMMISSIONER MESICH MOVED TO APPROVE THE APRIL 24,2001 PLANNING
COMMISSION AGENDA WITH THE FOLLOWING CHANGE:
• ITEM 5.5.- REQUEST BY BRIAN BRUESKE/DICK HETLAND FOR ORDINANCE TO ALLOW
DEVELOPMENT OF PROPERTY WITHIN THE URBAN SERVICE DISTRICT PRIOR TO
AVAILABILITY, CASE NO. OA 01-04 - WITHDRAWN
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 4-0.
3. Consider 4/24/01 Planning Commission Minutes
COMMISSIONER MESICH MOVED TO APPROVE THE MARCH 27, 2001, MINUTES.
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4. Planning Commission Representative to Attend City Council Meeting
Commissioner Baker will attend the May 21, 2001, City Council meeting.
5.1. Request by Independent School District #728 for Conditional Use Permit for
Addition to Elk River Senior High School, Public Hearing-Case No. CU 01-14
Staff report by Scott Harlicker. KKE Architects, on behalf of ISD #728, is requesting
a conditional use permit for a 53,500 square foot expansion to the Senior High
School located at 500 School Street. The front of the building and the northwest
corner of the building will be expanded, eliminating the existing main entrance.
Dick Haluptzok, KKE Architects, stated that a band and music auditorium will be
• provided with the expansion, as well as a multi-purpose gym which will be used
for gymnastics. He stated that part of the project is out to bids,with construction
Planning Commission Minutes
April 24,2001
Page 2
• starting in June. The areas shown in gray on the plans will be let out for bids soon,
for construction this summer. He stated that the exterior of the building will consist
of pre-cast concrete and brick which will blend with the existing materials, and
that new entrance will be created which will be easily identifiable. Visitor parking
will be restricted to this new westerly access for security purposes.
Mr. Harlicker reviewed the layout of the proposed expansion and the
landscaping plan. Staff recommends approval of the request with the four
conditions listed in the staff report dated April 24, 2001.
Chair Pederson opened the public hearing. There being no further comments
from the public, Chair Pederson closed the public hearing.
Commissioner Mesich asked if the auditorium would be suitable for other activities
in the community. Mr. Haluptzok stated that typically these types of facilities are
used more by the community than the schools and that would likely be the case
in Elk River. He noted that the auditorium will seat 800 people.
COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
INDEPENDENT SCHOOL DISTRICT#728 FOR A CONDITIONAL USE PERMIT, CASE NO.
CU 01-14,TO CONSTRUCT A 53,500 SQUARE FOOT EXPANSION TO THE SENIOR HIGH
SCHOOL, WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. ALL NEW SIGNS REQUIRE A SIGN PERMIT.
111 3. THE LANDSCAPING PLAN SHALL BE REVISED SO THAT IT COMPLIES WITH THE
LANDSCAPE ORDINANCE.
4. A 20 FOOT WIDE LANE SHALL BE MAINTAINED THROUGH THE STAGING AREA
COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.2. Request by Independent School District #728 for a Conditional Use Permit to
Construct Expansion to Parker Elementary School, Public Hearing-Case No. CU
01-15
Staff report by Scott Harlicker. KKE Architects, on behalf of ISD #728, is requesting
a conditional use permit to construct a 6,810 square foot expansion to Parker
Elementary School which is located on School Street between Freeport and
Jackson Avenue. Mr. Harlicker reviewed the layout of the proposed expansion.
He noted that some of the existing landscaping will need to be removed and
replaced in appropriate locations. Mr. Harlicker stated that the City Engineer has
stated he has no major issues with the site regarding grading and drainage. No
new signage is proposed. Staff recommends approval of the request with the
two conditions in the staff report.
Mr. Dick Haluptzok, KKE Architects, stated that the proposed expansion includes
increased space for kindergarten, special education, an new band and music
room, and a multi-purpose room. Mr. Nansen noted that Parker is currently the
smallest of the schools and the expansion will provide more effective use of the
site and building.
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Planning Commission Minutes
April 24,2001
Page 3
• Chair Pederson opened the public hearing.There being no comments from the
public, Chair Pederson closed the public hearing.
Commissioner Mesich asked if the open classroom setting at Parker will change
with the expansion. Mr. Nansen stated that the current classrooms will stay the
same and that the new rooms will be enclosed and have doors.
Commissioner Ropp asked for clarification regarding removal of the existing
landscaping. Mr. Harlicker stated that some of the landscaping will need to be
removed in order to build the expansion and that landscaping around the new
areas will be added.
COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
INDEPENDENT SCHOOL DISTRICT#728 FOR A CONDITIONAL USE PERMIT, CASE NO.
CU 01-15,TO CONSTRUCT A 8,610 SQUARE FOOT EXPANSION TO PARKER
ELEMENTARY SCHOOL, WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED
2. THE LANDSCAPE PLAN SHALL COMPLY WITH THE REQUIREMENTS IN THE
LANDSCAPE ORDINANCE.
COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.3. Request by James Starry for a Conditional Use Permit to Operate an Auto Glass
Repair/Replacement Facility, Public Hearing-Case No. CU 01-13
IIIStaff report by Michele McPherson. James Starry requests a conditional use
permit to allow a motor vehicle specialty station for auto glass repair and
replacement in the Barrington Place PUD, at 568 Dodge Avenue. Ms. McPherson
reviewed the history of the property, the use proposed by the applicant, and
layout of the site. She reviewed hours of operation, landscaping, parking, and
signage. Staff recommends approval of the request with the 5 conditions listed in
the staff report.
Chair Pederson opened the public hearing.
Chair Pederson asked if the time would be extended for the completion of the
easement vacation conditions, by including them in this approval. Ms.
McPherson stated that the original time limit would be enforced and the
applicant has approximately 1 more year to complete them. City Attorney Peter
Beck stated that he assumed the conditions were included so that they would be
met before occupancy could occur. He suggested including a condition that
Condition #1 and #2 are not extended by this approval.
Jim Starry, applicant, stated he was not aware of these conditions and that Mr.
Bunker would need to meet the conditions whether or not he leased the space.
Mr. Starry requested approval of his request and that Mr. Bunker required to meet
the original conditions.
Commissioner Mesich asked if the applicant was planning to put up signage for
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his business. Mr. Starry stated that he would like to place a sign on the building
Planning Commission Minutes
April 24,2001
Page 4
• facing south, and that he has the option to lease space on the existing free-
standing multi-tenant sign.
Commissioner Mesich asked how much glass would be stored on site and how it is
delivered. Mr. Starry explained that he has minimal inventory on site, since he has
glass delivery three times daily by a truck with a 20 foot box, not a semi. Mr. Starry
stated that most of their work is done off-site and vehicles are worked on in the
shop only during inclement weather.
Chair Pederson stated he has some concerns with including Condition 1 and 2
with this approval and would not want the property owner to have an additional
2 years to complete the previous conditions.
Discussion followed regarding the conditions for reducing the driveway to 30 feet
and installing the landscaped island. Mr. Beck stated that he felt it would be
easier to ask that the improvements be done before occupancy.
Commissioner Mesich stated that the conditions are safety issues. He suggested
that a sixth condition be added to require an escrow for the cost of the
improvements to ensure that they would be completed. Chair Pederson agreed
that the improvements are safety issues and will also enhance the area. He
supported the escrow requirement. Commissioner Schuster also agreed with the
sixth condition, but he did not feel it was appropriate to include Conditions 1 and
2 in this approval, since these conditions are already in place from the previous
land use issue.
• Commissioner Mesich suggested that the applicant and staff discuss this issue
with the property owner prior to the City Council meeting.
There being no further comment from the public, Chair Pederson closed the
public hearing.
COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
JAMES STARRY FOR A CONDITIONAL USE PERMIT TO OPERATE AN MOTOR VEHICLE
SPECIAL STATION, CASE NO. CU 01-13, WITH THE FOLLOWING CONDITIONS:
1. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN WIDTH, THE
MAXIMUM ALLOWED BY CITY ORDINANCE.
2. ADD A LANDSCAPED ISLAND ON THE NORTH SIDE OF THE PARKING LOT
ADJACENT TO THE JOHN OLIVER & ASSOCIATES ACCESS DRIVE.
3. A SIGN PERMIT SHALL BE OBTAINED PRIOR TO THE INSTALLATION OF ANY SIGNS
ON THE PROPERTY.
4. THE AUTO GLASS REPAIR AND REPLACEMENT BE CONDUCTED ENTIRELY WITHIN
THE GARAGE.
5. OVERNIGHT OUTSIDE STORAGE OF INOPERABLE VEHICLES OR VEHICLES
WAITING FOR REPAIR IS PROHIBITED.
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Planning Commission Minutes
April 24,2001
Page 5
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Ill 6. CONDITION #1 AND#2 MUST BE COMPLETED PRIOR TO OCCUPANCY OR
SUFFICIENT ESCROW SHALL BE COLLECTED FROM THE PROPERTY OWNER TO
COVER THE COST OF THE REQUIRED IMPROVEMENTS.
COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.4. Request by Heritage Landing Development to Include Property in the Urban
Service District, Public Hearing-Case No. LU 01-04
Staff report by Michele McPherson. Heritage Landing Development is requesting
a land use map amendment to add property into the Urban Service District. Ms.
McPherson explained that in 1999, the City Council approved a request by the
owner to remove the property from the Urban Service District, in order to develop
a mini storage complex. At that time, staff encouraged the applicant to wait
until sewer and water reached the site in order to encourage higher quality
development. The applicant was advised that it would be their responsibility to
bear all costs associated with returning the parcel to the Urban Service District
and providing services to the site. This includes possible negotiation with the
property owner to the south if they desire connection sooner than build out. Ms.
McPherson stated that Staff recommends approval of the request with the two
conditions outlined in the staff report.
Chair Pederson opened the public hearing.
Dennis Chuba, General Partner of Heritage Landing Development, 19276 Vernon
• Street, stated that the property was placed in the Urban Service District in 1988,
they purchased the property in 1995, and they expected services to be available
in approximately three years. This did not happen and no one was able to tell
them when services would be available. Mr. Chuba stated it was their intent to
take the property out of the Urban Service District in order to develop the
property with mini-storage. Shortly after this request was granted, they learned
that services would be extended to the west,so they decided to wait. They are
proposing to develop the site with 37-44 townhome units. Mr. Chuba stated that
he disagreed with staff's recommendation for the city not to assist in working with
the property owner to the south to expedite the extension of services to their
property. He stated that the easements will be dedicated as part of the final plat
and that S & Z Investments would be compensated.
Commissioner Schuster asked if the city could refuse assistance in extending
sewer and water to the property. City Attorney, Mr. Beck, stated that the City is
not obligated to force build out of the property to the south in order for the
applicant to have access to sewer and water. Commissioner Schuster stated
that he felt the language in Condition #2 was too strong. Peter Beck stated that
the condition is meant to put the applicant on notice that water and sewer may
not get to their property as soon as they would like.
Chair Pederson stated that he was in agreement with staff and supported
Condition #2.
Commissioner Mesich stated that the 1999 report from the City Engineer made it
• very clear that if the property owners petitioned to be placed back in the Urban
Service District, there may be extraordinary costs for a lift station for sanitary sewer
Planning Commission Minutes
April 24,2001
Page 6
• service, easement acquisition for extending the sewer and looping of the
watermain, and the developers would be required to pay these extraordinary
costs and acquire any necessary easements. Commissioner Mesich felt that a
third condition should be added to ensure that the city's expenses related to this
property are covered by the applicant.
There being no further public comment, Chair Pederson closed the public
hearing.
COMMISSIONER SCHUSTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST
BY HERITAGE LANDING DEVELOPMENT FOR A LAND USE MAP AMENDMENT TO
BRING CERTAIN PROPERTY BACK INTO THE URBAN SERVICE DISTRICT, WITH THE
FOLLOWING CONDITIONS:
1. THE LAND OWNER/APPLICANT SHALL BEAR ALL COSTS FOR PROVIDING
SEWER AND WATER SERVICE TO THE PROPERTY.
2. THE CITY HAS THE OPTION TO ASSIST THE PROPERTY OWNER(I.E. IMMINENT
DOMAIN) IN PROVIDING SEWER AND WATER TO THE PROPERTY SOONER
THAN THE DEVELOPMENT TO THE SOUTH ALLOWS.
The motion died for lack of a second.
COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
HERITAGE LANDING DEVELOPMENT FOR A LAND USE MAP AMENDMENT TO BRING
• CERTAIN PROPERTY BACK INTO THE URBAN SERVICE DISTRICT, WITH THE FOLLOWING
CONDITIONS:
1. THE LAND OWNER/APPLICANT SHALL BEAR ALL COSTS FOR PROVIDING
SEWER AND WATER SERVICE TO THE PROPERTY.
2. THE CITY WILL NOT ASSIST THE PROPERTY OWNER (I.E. IMMINENT DOMAIN) IN
PROVIDING SEWER AND WATER TO THE PROPERTY SOONER THAN THE
DEVELOPMENT TO THE SOUTH ALLOWS.
3. ANY EXTRAORDINARY COSTS INCURRED BY THE CITY FOR LAND USE
APPLICATIONS FOR THIS PROPERTY BE RECOVERED FROM THE APPLICANT,
HERITAGE LANDING DEVELOPMENT.
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.6. Request by Zylstra Harley-Davidson for an Amendment to a Conditional Use
Permit for Hillside Crossing PUD to Allow Additional Wall Signage, Public Hearing-
Case No. CU 01-16
Staff report by Scott Harlicker. Zylstra Harley-Davidson requests an amendment to
the Hillside Crossing PUD to allow a third wall sign at 19600 Evans Street. Mr.
Harlicker reviewed existing signage and displayed a rendering of the proposed
new identification sign. Staff recommends approval of the request with the
condition that the applicant obtain a sign permit.
•
Planning Commission Minutes
April 24,2001
Page 7
• Chair Pederson opened the public hearing. There being no comments from the
public, Chair Pederson closed the public hearing.
Chair Pederson asked why the sign request was not included in the conditional
use permit for the site. Mr. Harlicker stated that wall signage in some of the
previous PUD's was limited to a specific number, rather than a percentage of
building area. He stated that wall signage in Hillside Crossing PUD is limited to 10
percent and that the signage on the Harley-Davidson building would be under 10
percent, including the new sign.
COMMISSIONER SCHUSTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST
BY ZYLSTRA HARLEY-DAVIDSON FOR AN AMENDMENT TO THE HILLSIDE CROSSING
PUD TO ALLOW A THIRD WALL SIGN, CASE NO. CU 01-16, WITH THE FOLLOWING
CONDITION:
1. A CITY OF ELK RIVER SIGN PERMIT BE OBTAINED FOR THE PROPOSED WALL
SIGN.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6. Other Business
6.1. Update on 4/16/01 City Council Meeting
Commissioner Mesich provided an update on the April 16, 2001 City
• Council meeting.
8. Adjournment
There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE
MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED
4-0.
The meeting of the Elk River Planning Commission adjourned at 7:43 p.m.
Respectfully submitted,
/L9d,
Debbie Huebner
Recording Secretary