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04-28-1998 PC MIN '. . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, ARPIL 28, 1998 Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Morris, Schuster and Thompson Members Absent: None Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Steve Wensman, Planning Intern: Debbie Huebner, Recording Secretary Also Present: Council member Thompson; Park and Recreation Commission Chair Dana Anderson 1. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:35 p.m. by Chair Mesich. COMMISSIONER THOMPSON MOVED TO APPROVE THE APRIL 28, 1998 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGE: - CONSIDER ITEM 6.5. AFTER ITEM 5 COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER KUESTER MOVED TO APPROVE THE FEBRUARY 24, 1998 MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Consider 3124198 PlanninaCommission Minutes COMMISSIONER COTE MOVED TO APPROVE THE MARCH 24, 1998 MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5. Plannina<CommissionRepresentative to A ttend5118/98CitvCounc:i1Meetina Commissioner Chambers will attend the May 18, 1998 City Council Meeting. 6.1. CitvofElk..RiverReouestfor. Conditional Use PermitforLibrarvPorkinal..ot Expansion, Public H eari no Case No. CU 98-7 . . . . Planning Commission Minutes April 28, 1998 Page 2 Staff report by Steve Wensman. The Planning Commission postponed action on this request to expand the library parking lot at the March 24th meeting. The Planning Department met with the Library Board to work out a compromise. Staff recommends approval of the request with the conditions outlined in the staff report. Chair Mesich opened the public hearing. There being no comments from the public. Chair Mesich closed the public hearing. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO EXPAND THE LIBRARY PARKING LOT, PUBLIC HEARING CASE NO. CU 98-7, WITH THE FOLLOWING CONDITIONS: 1. LANDSCAPING BE PROVIDED BETWEEN THE PARKING AREA AND EXISTING HOMES TO REDUCE HEADLIGHT GLARE. 2. LANDSCAPE THE ENTIRE LOT AREA AS PER ELK RIVER ZONING ORDINANCE. 3. SAVE AND TRANSPLANT EXISTING TREES AS POSSIBLE. 4. ADD CURB AND GUTTER TO THE ENTIRE LOT. 5. ADD A SECOND HANDICAP ACCESSIBLE STALL. 6. REDUCE EXISTING PARKING LOT WIDTH TO 72 FT TO BE HARMONIOUS WITH NEW PARKING LOT ADDITION. 7. RESURFACE THE ENTIRE LOT. 8. ADD ADDITIONAL LIGHTING AS PER ELK RIVER ZONING ORDINANCE. 9. INSTALL A NEW DRIVEWAY APRON AT THE PROCTOR ENTRANCE WITH APPROPRIATE TURNING RADIUS AND SLOPE. 10. INSTALL A NEW LIBRARY SIGN. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Steve Wensman. The City of Elk River is requesting the conditional use permit to operate a nonprofit recreational facility in the former Northbound Liquor Store site at 50 East Main Street. Steve noted the Watz family is no longer interested in the site. Steve indicated staff questioned the need for a baricade between the proposed recreation center parking area and Ron's Foods parking lot, as suggested by the Police Department. Steve Ach indicated that leaving the area open would make it easier for parents to drop off their children and drive through the site to leave, rather than having to turn around in the parking lot. Chair Mesich opened the public hearing. . . . Planning Commission Minutes April 28, 1998 Page 3 Barb Miracle, 1234 6th street, questioned where the barricade was proposed to be located. Steve Wensman explained the location. Ms. Miracle commended the City for utilizing an existing building for a good use, rather than constructing a new building. There being no other comments from the public, Chair Mesich closed the public hearing. Commissioner Chambers questioned the size of the building. Jeff Asfahl, Community Recreation Direction, indicated the building is approximately 3,500 square feet. He indicated there will likely be surveillance cameras within the building for staff to monitor the outside of the building. Chair Mesich questioned whether younger children would come to the site. Jeff indicated the ages of children they expect will be from 5th through 9th grade. Activities will be conducted as well as including a game arcade, seating, juke box, and vending machines. The site will be available for other organizations serving youth to connect with the kids. There also would be an opportunity for kids to provide their own music, such as having a "garage band" come in. Jeff indicated the youth has indicated what they mainly want is a place to hang out and call their own. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-14, WITH THE FOLLOWING CONDITIONS: 1. THAT STAFF ROUTINELY SURVEY THE OUTSIDE OF THE BUILDING. 2. THAT THE EXISTING LIGHTING ON THE OUTSIDE OF THE BUILDING BE REPAIRED TO ADEQUATELY LIGHT THE PARKING LOT AND WALKWAYS UNDER THE AWNING. 3. THAT THERE BE NO OUTSIDE SEATING AROUND THE PERIMETER OF THE BUILDING. 4. KEEP ALL WINDOWS FREE AND CLEAR OF ITEMS, POSTERS, ETC. 5. MAKE ANY PAY PHONE UNABLE TO RECEIVE CALLS. 6. MAKE THE SITE A "SMOKE-FREE" ESTABLISHMENT. THIS WILL ASSIST THE POLICE IN KEEPING THE FACILITY A PLACE FOR ALL TO COME. 7. MAKE THE FRONT DOOR THE ONLY ENTRANCE AND EXIT; ALL OTHER DOORS FOR EMERGENCY ONLY. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-2. Chair Mesich and Commissioner Chambers opposed. Staff report by Steve Wensman. Teresa DeJarlais is requesting a conditional use permit to operate an art studio from her home located at 227 Morton Avenue. Steve reviewed the proposed operation and indicated staff recommends approval of the request with the conditions outlined in the staff report. . . . Planning Commission Minutes April 28. 1998 Page 4 Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. COMMISSIONER COTE MOVED APPROVAL OF THE REQUEST BY TERESA DEJARLAIS FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-13, WITH THE FOLLOWING CONDITIONS: 1. NO MORE THAN 8 CLIENTS BE ADMITTED AT ONE TIME. 2. RETAIL SALES SHOULD NOT OCCUR ON A DAILY BASIS GIVING THE IMPRESSION OF A "RETAIL ENVIRONMENT." COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Scott Harlicker. Beaudry Oil has requested a conditional use permit to construct a second car wash bay at 630 Proctor Avenue. Scott indicated there are some internal traffic problems the property owner needs to address and also some landscaping was not installed on their original conditional use permit for the gas station/convenience store. Commissioner Cote questioned whether or not conditions could be attached to this conditional use permit which were part of another conditional use permit. Scott Harlicker indicated that the two sites function as one. Steve Ach indicated staff wanted the Commissioner to be aware of the issue, but that the conditions could be eliminated from the approval. Chair Mesich opened the public hearing. Steve Mead, representing John Weicht and Associates, stated the three trees on the island proposed by staff would potentially cause problems with the vent pines for the underground tanks, and also would reduce the store attendants' visibility to monitor the car wash site. Barb Miracle, 1234 6th Street, expressed concern for adding additional traffic on Proctor, since she already has problems getting onto Proctor from the site.. Lisa Valarius, representing Beaudry Oil, indicated they did not feel the traffic would increase significantly and they would be able to move people in and out of the car wash more quickly. There being no other comments from the public, Chair Mesich closed the public hearing. Discussion followed regarding enforcement of the conditions for the gas station/ convenience store. Planning Commission Minutes April 28. 1998 Page 5 . COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY BEAUDRY OIL FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-9, WITH THE FOLLOWING CONDITIONS: 1. THE STACKING AREA BE STRIPED AND CONES PLACED TO DIRECT TRAFFIC TQ THE APPROPRIATE STACKING LANE. 2. THE LANDSCAPING BE INSTALLED AS SHOWN ON THE APPROVED PLAN FOR THE CAR WASH/COMMERCIAL BUILDING. 3. BECAUSE OF THE NEED TO MAINTAIN 24' WIDE DRIVE AISLE ALONG THE SOUTH SIDE OF THE BUILDING A SECOND, OR PARALLEL, STACKING LANE IS PROHIB'TED. 4. THE ISLAND CONTAINING THE VACUUMS BE LANDSCAPED. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6.1. Commissioner Morris opposed. Commissioner Kuester abstained from discussion and action on this item due to a conflict of interest. . Staff report by Scott Harlicker. The Boys and Girls Club of Elk River is requestin~ a conditional use permit to construct a building to house the club in the southetll. st corner of Lions Park. Scott reviewed parking, grading, drainage, utilities and landscaping issues. Staff recommends approval with the conditions outlined .in the staff report. Commissioner Thompson questioned where expansion of the building and parking lot could occur. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. Councilmember Thompson indicated any expansion of the building or parking lot would occur to the west of the site. He explained the proposed hours of operation are 2:30 - 9:00 p.m. Monday through Friday, 10 or 11 a.m. - 5 or 6 p.m. on Saturday, and closed on Sundays. Councilmember Thompson noted the ~ours are not definite at this point, as there may be special events occurring at other times of the day and on Sundays. The club will include the following: game npom, computer lab, power hour/study hour, gym, organized events, arts and craft~. The club will be open for youth ages 6 through 18, but experience has shown: the most usage is ages 6-14. Councilmember Thompson felt there would be a minimal amount of parking needed since most of the children will be droppeid off. . Dana Anderson, Park and Recreation Commission Chair, asked if the Lions Club is still planning to have an area in the building for meetings and activities. Councilmember Thompson indicated that the Lions Club has relinquished thqse Planning Commission Minutes April 28, 1998 Page 6 . plans to hold meetings in the proposed building. Dana Anderson expressed concern for adequate parking to serve the club as well as the park users. Chair Mesich expressed concern for only one access into the site. Terry Mau r indicated the Fire Chief is requiring fire hydrants on site. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMME APPROVAL OF THE REQUEST BY THE BOYS AND GIRLS CLUB OF ELK RIVER FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-10, BASED ON TH INFORMATION IN THE STAFF REPORT, AND THERE WAS NO OBJECTION HEARD DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. ELEVATIONS OF THE BUILDING BE PROVIDED FOR REVIEW AND APPROVAL. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. A REVISED LANDSCAPING PLAN SHOWING ADDITIONAL LANDSCAPING AL NG THE ENTRANCE DRIVE AND PARKING LOT, AND A EVERGREEN SCREEN ALONG THE SOUTH PROPERTY LINE BE PROVIDED FOR REVIEW AND APPROVAL. 4. THE PARKING LOT BE RESURFACED AND STRIPED FOLLOWING COMPLETION F CONSTRUCTION. 5. THE SITE PLAN BE REVISED TO SHOW AREA FOR POSSIBLE PARKING LOT EXPANSION AND PROPOSED LAYOUT FOR THE EXISTING PARKING LOT. . 6. THE SITE BE SURVEYED. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. Commissioner Kuestser abstained. Staff report by Steve Ach. HTG Architects is requesting a conditional use per it for site plan review to construct a 4,630 square foot financial institution along ith 6 drive-thru teller lanes, in the Elk Park Center Planned Unit Development. St ve reviewed site plan review issues outlined in the staff report. Terry Maurer revi wed information regarding the amended traffic study for this area which indicate there is sufficient gaps in traffic to allow the additional access onto Jackson Road. Terry felt it will be necessary to remove some of the pine trees in the st nd located to the north, to allow appropriate site lines of vision for vehicles exiti g onto Jackson. Chair Mesich opened the public hearing. . Jeff Pfipson, HTG Architects, on behalf of Norwest Banks, explained why he fe t the drive aisle should not be narrowed. He indicated the trail request was acceptable and that the bank would be willing to submit a letter that if the easement area where the dumpster is located ever needed to be accessed they would pay the expense to take out the asphalt and replace it. Mr. Pfips n requested a different type of tree other than conifers be allowed, for security reasons. . . . Planning Commission Minutes April 28. 1998 Page 7 Dana Anderson. Park and Recreation Chair, expressed his concern that the rees be saved. He also was concerned for the safety of pedestrians using the trai along Jackson Road, with another access to cross. Mr. Anderson indicated e felt the access was too close to the intersection to the south. Discussion followed regarding the preservation of the trees on this site. There being no other comments from the public, Chair Mesich closed the pu Iic hearing. Commissioner Cote expressed his concern regarding the additional access Jackson Road. He indicated he does not want to see any trees removed. Commissioner Cote felt there was an opportunity to connect the northeast c rner of the site with the trail system. Discussion followed regarding the trails and sidewalks in the north section of Elk Park Center. Commissioner Thompson stated she does not want to see any of the trees removed. Commissioner Shuster indicated he felt the use proposed for this property wa better than other types which would generate much more traffic. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY HTG ARCHITECTS/NORWEST BANK, FOR AN CONDITIONAL USE PERMIT, PUBLIC HEAR NG CASE NO. CU 98-11, WITH THE FOLLOWING CONDITIONS: 1. ALL OF THE COMMENTS OUTLINED IN THE SITE PLAN REVIEW SECTION 0 THIS REPORT BE INCORPORATED INTO THE REVISED SET OF PLANS FOR APPR VAL. 2. COMMENTS FROM THE CITY ENGINEER'S MEMO DATED APRIL , 1998, BE INCORPORATED INTO THE REVISED SET OF PLANS FOR APPROVAL. 3. SIGNAGE MEET THE REQUIREMENTS OF THE ELK PARK CENTER PLANNED NIT DEVELOPMENT. 4. FOUR SETS OF REVISED PLANS BE SUBMITTED BACK TO THE CITY FOR REV EW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Cote opposed. Commissioner Chambers abstained from discussion on this item due to a co of interest. Staff report by Steve Ach. Chambers Investment Company/Elk River Brick & is requesting a conditional use permit for an addition to their existing industri I facility and to construct a detached storage building. The property is locate the northwest corner of County Road NO.1 and Watson Avenue. Steve Ach Planning Commission Minutes April 28. 1998 Page 8 . indicated he did not receive the plans in time for review before the Planning Commission packets were sent out and recommended the Planning Commission table this item until the June 23rd meeting. Chair Mesich opened the public hearing. Richard Chambers, 19436 Elgin Court, applicant, explained the expansion consists of a 20' office addition. The proposed 36' x 45' metal storage facility would be located within the fenced area of the property. Steve Ach indicated the storage building would be subject to architectural standards. The possibility of adding an addition to an existing storage building was discussed. COMMISSIONER COTE MOVED TO CONTINUE THE PUBLIC HEARING FOR THE REQUEST BY CHAMBERS INVESTMENT COMPANY, PUBLIC HEARING CASE NO. CU 98-12, TO THE JUNE 23, 1998 PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. Commissioner Chambers abstained. . Staff report by Steve Ach. The City of Elk River has indicated a rezoning request of approximately 45 acres from R 1 c (Single Family Residential) to BP (Business Park). The area is located in the northeast corner of County Road No. 13 and County Road No. 12. Steve indicated this request was previously reviewed by the Planning Commission and tabled for further research. Concerns expressed by the Commission included the impact of a business park on the residential to the west. Commissioner Cote indicated the existing industrial site would not meet the business park standards. Chair Mesich questioned the affect of the antenna district. Scott Harlicker indicated the antenna overlay can be applied anywhere. Commissioner Kuester expressed her concern regarding the business park entrance. She felt the business park traffic should be channeled onto County Road # 13. Commissioner Kuester questioned if it were possible to build frontage road for the business park. Chair Mesich opened the public hearing. Randy Kolles, 75 5th Street, stated he did not want to see the residential area trapped between commercial and industrial development. Jannine Holmberg, 87 5th Street, expressed her concerns regarding increased traffic and the number of accesses coming out onto 5th Street. Ms. Holmberg expressed her support for the frontage road suggestion. There being no other comments from the public, Chair Mesich closed the public hearing. . Commissioner Cote indicated his concern for rezoning a "finger" of business park in the residential area. He felt the southern area could be business park and then some sort of transitional use such as multi-family northward in the area. . . . Planning Commission Minutes April 28. 1998 Page 9 Chair Mesich and Commissioner Thompson expressed their support for the rezoning due to the fact the City needs to increase their inventory of business park property. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REZONING REQUEST FROM R1C (SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK), PUBLIC HEARING CASE NO. ZC 98-4, BASED ON THE FOLLOWING FINDINGS: 1. THE LAND USE PLAN AND REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN AND ECONOMIC DEVELOPMENT STRATEGIC PLAN TO EXPAND THE INDUSTRIAL TAX BASE IN THE CITY. 2. WITH THE REALIGNMENT OF COUNTY ROAD NO. 13, CONDITIONS HAVE CHANGED TO WARRANT A CHANGE IN THE LAND USE AND ZONING DESIGNATIONS. 3. THE SUBJECT PROPERTY IS PLANNED TO HAVE ADEQUATE ACCESS INCLUDING A SIGNALIZED INTERSECTION TO ACCOMMODATE THE EXPECTED TRAFFIC TO SERVE THE FUTURE INDUSTRIAL SITES. 4. THE AREA IS INCLUDED WITHIN THE URBAN SERVICE DISTRICT WHICH IS A MAJOR CRITERIA FOR IDENTIFYING AVAILABLE INDUSTRIAL OPPORTUNITIES. 5. THE AREA TO BE REZONED IS BORDERED ON THREE SIDES BY ROADWAYS WHICH WILL PROVIDE BOTH A MEASURABLE DISTANCE AND OPPORTUNITY FOR BUFFERING FROM ADJACENT LAND USES. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Cote 0 osed. The City of Elk River is requesting an ordinance amendment to include jails in the definition of government offices. Scott explained that jails are short term holding facilities for people awaiting trail, pending sentencing or serving county jail time. He noted that jails are different from correctional facilities which are long term and are for prisoners serving out sentences for state or federal crimes. Commissioner Schuster expressed concern that the City's definition of jail remain the same, and won't be affected by upcoming changes in the State Statute definitions for correctional facilities. Discussion followed regarding the need for a definition of "jail". Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 98--1 AMENDING SECTION 900.08 OF THE CITY OF ELK RIVER CODE OF ORDINANCES, TITLED "DEFINITIONS" "GOVERNMENT OFFICES", PUBLIC HEARING CASE NO. OA 98-1, WITH THE FOLLOWING ADDITION: . . . Planning Commission Minutes April 28. 1998 Page 10 - INCLUDE A DEFINITION FOR "JAIL" AS PER THE CURRENT STATE STATUTE. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMENDS THE CITY COUNCIL CONSIDER AN ORDINANCE AMENDMENT TO SPECIFY JAILS AS CONDITIONAL USES IN THE BUSINESS PARK ZONING DISTRICT IN THE FUTURE. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIES 6-1. Commissioner Cote opposed. Update provided by Commissioner Cote. There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 10:35 p.m. Respectfully submitted, [)~ W~ Debbie Huebner Recording Secretary