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08-25-1998 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 25,1998 Members Present: Vice Chair Cote, Commissioners Kuester, Morris, Schuster and Thompson. Commissioner Chambers arrived at 6:37 p.m. Members Absent: Chair Mesich Staff Present: Terry Maurer, City Engineer; Scott Harlicker, Assistant Planner; Steve Wensman, Planner; Debbie Huebner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:32 p.m. by Vice Chair Cote. COMMISSIONER THOMPSON MOVED TO APPROVE THE AUGUST 25, 1998 PLANNING COMMISSION AGENDA. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER KUESTER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 1. REQUEST BY PHOENIX ENTERPRISES FOR REZONING, PUBLIC HEARING CASE NO. ZC 98-6 - POSTPONED TO 9/29/98 2. REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-20 - POSTPONED TO 9/29/98 3. REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES 8TH ADD.), PUBLIC HEARING CASE NO. P 98-4 - POSTPONED TO 9/29/98 4. REQUEST BY PHOENIX ENTERP,RISES FOR REZONING, PUBLIC HEARING CASE NO. ZC 98-7 - POSTPONED TO 9/29/98 5. REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 9TH), PUBLIC HEARING CASE NO. CU 98-21 - POSTPONED 50 9/29/98 6. REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES 9TH ADDITION), PUBLIC HEARING CASE NO. P 98-5 - POSTPONED TO 9/29/98 COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Planning Commission Minutes August 25, 1998 Page 2 COMMISSIONER KUESTER MOVED TO APPROVE THE JULY 14, 1998 MINUTES. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER THOMPSON MOVED TO APPROVE THE JULY 28, 1998 MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Schuster will attend the September 21, 1998 City Council meeting. Staff report by Scott Harlicker. Independent School District #728 is requesting a conditional use permit to allow construction of a 65' x 30' (1,950 sq. ft.) storage building which will be used to store vehicles. (Commissioner Chambers arrived at this time - 6:37 p.m.) Dave Hemiger, representing Winkelman Building, contractor for the project, explained why he felt the location proposed by the applicant was best for the site. Vice Chair Cote opened the public hearing. There being no comments from the public, Vice Chair Cote closed the public hearing. Scott Harlicker indicated that the outdoor storage area has not been paved and some of the trees are undersized; conditions which were included in the original conditional use permit. Commissioner Kuester asked how may trees will be removed. Mr. Hemiger stated approximately 75% of the trees would be saved. Commissioner Kuester questioned whether or not the building could be placed at an angle in order to preserve as many trees as possible. Mr. Hemiger indicated it would be possible to place the building at an angle. Commissioner Chambers asked what type of block would be used. Mr. Hemiger indicated the building would be constructed using concrete block and would be left unpainted to match the existing building which is made of concrete tip-up panels. He noted the roof would be constructed of a gray metal to match the building. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY INDEPENDENT SCHOOL DISTRICT #728 FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A STORAGE BUILDING, PUBLIC HEARING CASE NO. CU 98-22, WITH THE FOLLOWING CONDITIONS: 1. THAT THE BUILDING BE SITED IN THE APPROXIMATE LOCATION PROPOSED BY THE APPLICANT, WITH THE EXCEPTION THAT THE BUILDING BE PLACED AT AN ANGLE IN ORDER TO PRESERVE AS MANY TREES AS POSSIBLE. . . . Planning Commission Minutes August 25, 1998 Page 3 2. THAT THE STORAGE BUILDING BE LOCATED WITHIN THE CONFINES OF THE CHAIN LINK FENCE. 3. THAT ALL CONDITIONS OF THE ORIGINAL CONDITIONAL USE PERMIT CU 96-10 BE MET, INCLUDING LANDSCAPING REQUIREMENTS. 4. THAT THE CONSTRUCTION AREA BE FENCED TO PROTECT THE TREES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Wensman. Elk River Ford Chrysler has requested an amendment to their conditional use permit to expand their parts and service facility. Steve reviewed issues regarding landscaping, site access, septic system, sewer and water easements and compliance with the Wild and Scenic River Ordinance. Commissioner Kuester expressed her concern for safety at the access onto Highway 10. Terry Maurer, City Engineer, explained that the 171 sl and Highway 10 intersection is planned for signalization, but at the present time, there is no right- of-way available to add turn lanes on 171 sl, which is already 4 lanes. Scott Powell, owner of Elk River Ford Chrysler, indicated he felt the proposed changes will increase safety in the parking area. Vice Chair Cote opened the public hearing. There being no public comment, Vice Chair Cote closed the public hearing. COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER FORD CHRYSLER FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT FOR A BUILDING EXPANSION, PUBLIC HEARING CASE NO. CU 98-23, BASED ON THE INFORMATION IN THE STAFF REPORT AND THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. THAT NO LANDSCAPED AREA SHALL BE USED FOR PARKING OF VEHICLES, OR STORAGE OR DISPLAY OF MATERIALS OR MERCHANDISE. 2. THAT THE LANDSCAPING BE COMPLETED AS PER THE ELK RIVER ORDINANCE. 3. THAT THE LANDSCAPED AREAS BE IRRIGATED INCLUDING PARKING ISLANDS. 4. THAT CONCRETE CURBS BE ON BOTH SIDES OF THE NEW ENTRANCE FROM 171s1 TO THE PARKING LOT AND THAT THE CONCRETE CURB CONNECT TO BITUMINOUS CURB. 5. THAT SEWER AND WATER EASEMENTS FOR THE EAST ELK RIVER IMPROVEMENT BE GRANTED TO THE CITY AS DETERMINED BY THE CITY ENGINEER. . . . Planning Commission Minutes August 25, 1998 Page 4 6. THAT SEWER AND WATER IMPROVEMENTS BE COORDINATED WITH THE APPLICANT'S IMPROVEMENTS. 7. THAT THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER CITY ORDINANCE. 8. THAT NEW SIGNAGE CONFORM TO THE ELK RIVER CITY ORDINANCE AND REQUIRED SIGN PERMIT. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Wensman. Oppidan, Inc. has requested a conditional use permit to construct a Hollywood Video store. Steve indicated the former Wendy's Restaurant located on the site will be demolished and a 5,000 square foot Hollywood Video store will be constructed with 3,100 square foot of retail space attached. Steve reviewed the conditions for approval which were recommended by staff. Vice Chair Cote opened the public hearing. There being no comments from the public, Vice Chair Cote closed the public hearing. Claudia Ryan, representing Oppidan, Inc. , reviewed the proposed signage for the site. Ms. Ryan indicated that she had no objections to any of the conditions in the staff report. Vice Chair Cote expressed concern that there will be too much lighting on the building. Commissioner Schuster asked what type of business is proposed to be located in the retail space. Ms. Ryan indicated there is interest from several coffee shops and a Chinese restaurant. She noted that, ideally, there will only be one user in the retail space but there may be two. Commissioner Kuester suggested some type of screening or design be used on the south side of the building to make it more compatible with the neighboring uses. Discussion followed regarding landscaping and architectural treatments which could be used. COMMISSIONER SCHUSTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY OPPIDAN, INC. (HOLLYWOOD VIDEO), FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-24, WITH THE FOLLOWING CONDITIONS: 1. THAT THE LANDSCAPING BE COMPLETED AS PER THE ELK RIVER CITY ORDINANCE. 2. THAT COMMENTS IN THE CITY ENGINEER'S MEMO DATED AUGUST 19, 1998, BE INCORPORATED INTO THE PLANS FOR APPROVAL. 3. THAT A PERMIT FORM MNjDOT BE OBTAINED FOR ANY SITE WORK WITHIN THE HIGHWAY RIGHT- OF- WAY. . . . Planning Commission Minutes August 25, 1998 Page 5 4. THAT THE LANDSCAPED AREAS BE IRRIGATED INCLUDING PARKING ISLANDS. 5. THAT THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER CITY ORDINANCE AND THE ELK PARK CENTER PUD AGREEMENT. 6. THAT SIGNS CONFORM TO THE ELK PARK CENTER PUD AGREEMENT AND THAT SIGN PLANS BE SUBMITTED FOR SIGN PERMITS. 7. THAT THE APPLICANT WORK WITH STAFF REGARDING USE OF ARCHITECTURAL TREATMENTS AND LANDSCAPING TO MAKE THE SOUTH SIDE OF THE BUILDING MORE APPEALING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Wensman, Planner, indicated the open space development ordinance is being considered in order to permit clustering in the R 1 a and A 1 zones if the development meets the minimum requirements, or as a conditional use if it does not. Steve noted that the ordinance was drafted using a number of sources. More information from the Minnesota Land Trust is expected. Steve also indicated that the city's attorney, Peter Beck, is reviewing the proposed ordinance and no action will be taken at this time. The main issues center around minimum requirements, design, density and incentives for developers. Scott Harlicker indicated that Sherburne County is in the process of developing a clustering ordinance at this time. Commissioner Schuster questioned what would happen if city sewer and water needed to be extended through a conservation easement. A discussion followed regarding the issue of conservation easements. Vice Chair Cote opened the public hearing. There was no one from the public present to express comments. It was the consensus of the Planning Commission to discuss the open space ordinance amendment at the October 131h workshop and to continue the public hearing to the October 27, 1998, Planning Commission meeting. COMMISSIONER KUESTER MOVED TO CONTINUE THE PUBLIC HEARING FOR CASE NO. OA 98-3, OPEN SPACE DEVELOPMENT ORDINANCE, TO THE OCTOBER 27,1998, PLANNING COMMISSION MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kuester updated the Commission regarding action taken on planning issues at the August 17, 1998, City Council meeting. Planning Commission Minutes August 25, 1998 Page 6 . Scott Harlicker discussed information which was distributed to the Commissioners on upcoming workshops regarding clustered subdivisions. COMMISSIONER THOMPSON MOVED TO CANCEL THE SEPTEMBER 22, 1998 PLANNING COMMISSION MEETING AND TO CALL A SPECIAL MEETING OF THE PLANNING COMMISSION FOR TUESDAY, SEPTEMBER 29, 1998, AT 6:30 P.M. TO CONDUCT REGULAR BUSINESS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION 6-0. The meeting of the Elk River Planning Commission adjourned at 8: 1 0 p.m. Respectfully submitted, Debbie Huebner . Recording Secretary .