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05-23-2000 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 23,2000 Members Present: Commissioners Baker, Kuester, Morphew, Peterson and Schuster Members Absent: Chair Mesich and Commissioner Chambers Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Stephen Wensman, Planner; Debbie Huebner, Recording Secretary 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:35 p.m. 2. Consider 5/23/00 Plannina Commission Aoenda COMMISSIONER MORPHEW MOVED TO APPROVE THE MAY 23, 2000, PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS: - ITEM 2.A. - APPOINT PRO- TEM CHAIR - ITEM 6.9. - REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO RECOGNIZE SINGLE FAMILY DETACHED TOWN HOMES, PUBLIC HEARING CASE NO. OA 00-5 - WITHDRAWN - ITEM 7.2. - DISCUSS JUNE 10, 2000 MOBILE WORKSHOP AGENDA COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 2.a. Appoint Pro-tem Chair COMMISSIONER SCHUSTER MOVED TO APPOINT COMMISSIONER KUESTER PRO-TEM CHAIR. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 4- 0-1. Commissioner Kuester abstained. 3. Consider Consent Aaenda COMMISSIONER SCHUSTER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. REQUEST BY ERICKSMOEN CONSTRUCTION FOR CONDITIONAL USE PERMIT TO CONSTRUCT CHURCH (LIVING WATERS CHURCH), PUBLIC HEARING- CASE NO. CU 00-17 - POSTPONED TO 6/27/00 3.2. REQUEST BY WASH AND FILL OF MINNESOTA, INC. FOR PRELIMINARY PLAT (ELK RIVER CROSSING 2ND ADDITION), PUBLIC HEARING - CASE NO. P 00-8 - POSTPONED TO 6/27/00 3.3. REQUEST BY WASH AND FILL OF MINNESOTA, INC. FOR CONDITIONAL USE . . . Planning Commission Minutes May 23. 2000 Page 2 PERMIT, PUBLIC HEARING - CASE NO. CU 00-12 - POSTPONED TO 6/27/00 COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Consider 4/25/00 Plannina Commission Minutes COMMISSIONER PEDERSON MOVED TO APPROVE THE APRIL, 2000, MINUTES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Commissioner Schuster abstained. 5. Plannina Commission Reoresentative to Attend 6/19/00 City Council Meetina Commissioner Morphew will attend the June 19, 2000, City Council meeting. 6.1. Reauest by Phoenix Enterorises for Preliminary Plat /Twin Lakes Townhomes), Public Hearina - Case No. P 00-7 Michele McPherson explained that staff has determined this request would be better suited for a zoning designation of PUD (Planned Unit Development). Therefore, the Commission is also asked to consider a rezoning to PUD and approval of a conditional use permit. The Planning Commission may hold a public hearing on all three requests, receive testimony and take action on the requests. A public hearing will be advertised for all three request for the June 19th City Council meeting and property owners within 350 feet will also be re-notified. The staff report was presented by Steve Wensman. Riverside Development requests preliminary plat approval of a 24-acre parcel zoned R3 into a 71-lot townhouse development consisting of 33 single-family detached town homes and 38 twinhomes. The property is located north of Twin Lakes Road at the 6th Street alignment. Mr. Wensman reviewed existing conditions on the site, proposed architectural concept, density, setbacks and lot area, roads, right-of-way, trail/fire lane, parking, wetlands, access to adjacent properties, drainage and utility easements, grading, tree preservation, landscaping, development signage, and park dedication recommendation. Staff recommends approval of the requests based on the findings listed in the staff reports. Chair Kuester questioned why the request is being rushed through the process. Ms. McPherson explained that the applicant wants to be able to have units ready for the Fall Parade of Homes. Chair Kuester asked why the application is now being considered as a PUD. Ms. McPherson explained that the request does not fit the R3 zoning because of setbacks and lot area requirements. Chair Kuester opened the public hearing. Jim Filipovich, 801 Line Avenue, resident adjacent to the northeast corner of the proposed development. questioned why staff is not recommending an access to the 40 acres to the north. Steve Wensman explained that there are other options available for access. Planning Commission Minutes May 23. 2000 Page 3 . Mr. Filipovich asked why there are no plans to include trees in the powerline easement. Mr. Wensman explained that only very short trees could be planted in the easement and that a yard tree and a boulevard tree will be required for each unit. Mr. Filipovich asked how wide the power line easement is. Mr. Wensman stated that it is 60 feet wide. He stated that there will be minimal grading, if any, and no structures can be placed within the easement. Dana Siegrist, 62 6-1/2 Street, asked if the easement will be sodded. He stated that residents along the easement use the area for recreation such as barbequing. Mr. Wensman stated that the easement will be seeded and it will be the homeowners' responsibility to maintain it. Mr. Filipovich had other questions regarding the process for this request and why it is being changed to a PUD. Mr. Wensman and Chair Kuester answered his questions. Mr. Filipovich asked if the developer would be required to meet any type of standards for the building exteriors. Ms. McPherson explained that townhomes are designed to be maintenance-free and maintenance free siding, windows, and roofing would likely be included. . John Kuester, 19834 York Street, Park and Recreation Chair, explained that the Commission recommended a cash contribution for park dedication rather than land for this request, since they are looking for a larger parcel to serve as an area- wide park. They also recommended that access to the trail system be maintained. Mr. Kuester stated that the Commission is concerned with the density in this entire area. The Commission is currently involved in a process to determine park needs for the projected growth of the City. Commissioner Schuster stated that he would like to see elevation drawings. Ms. McPherson stated that these will be provided. Commissioner Schuster asked what the difference was between a single family detached townhome and a standard single family home. Ms. McPherson explained that less land is owned with a townhome and maintenance is provided through a homeowner's association. Commissioner Baker asked if staff had concerns regarding the grading. Steve Wensman explained that he has a concern that the 10 feet of fill in the northwest corner of the plat appears excessive and that it may present some building issues and impact the trees and drainage. Commissioner Baker also asked how staff felt about the loss of trees. Mr. Wensman most of the trees on the site are low land species and will be lost due to grading. Chair Kuester asked how far the tree line would be protected. Mr. Wensman stated that any trees designated as saved on or off site will be protected by fencing at the drip line. Chair Kuester asked what will be done to protect trees on neighboring properties that may be impacted by grading. Ms. McPherson explained that the most recent City policy has been to fence the drip line of the trees on adjacent property. She suggested that if the Commission include this as a condition, if they wished to ensure the policy would be enforced. . Commissioner Schuster asked if more trees could be required in a PUD. Ms. McPherson stated that more trees could be required if the Commission felt it was appropriate. Planning Commission Minutes May 23, 2000 Page 4 . Chair Kuester expressed her concern that the roads in this plat would be private. Terry Maurer indicated the roads will only be approximately two feet less than City standards, in comparison to Country Crossing Townhomes which are significantly less. He explained that there is approximately 60 feet between the garage doors and with this development there will be 80 or more feet between the garage doors. He also noted that the Twin Lakes Townhomes road will be two feet wider than Meadowvale Townhomes. Chair Kuester expressed her concern for lack of off-street parking, sidewalks and play areas. A t this time, steve Wensman provided photographs of town homes which are similar to those which would be built in this project. The Commissioners discussed the setbacks of the proposed townhomes. Ms. McPherson explained that in the town home concept, the resident owns the lot, home, garage, building envelope, entry area, and some green space in the rear of the lot. Chair Kuester asked if staff has reviewed the homeowners association documents. Steve Wensman stated that the city attorney will review them to ensure that they met the minimum requirements. . Commissioner Pederson stated that he would like to see a sidewalk along the road or trail along the green space. Steve Wensman felt that the best location for the park trail was to the east along the gas corridor. Terry Maurer added that having the trail on the east will tie in the Tyler Street/County Road 12 trail. Commissioner Pederson asked for clarification on the fire lane. Terry Maurer explained the applicant is proposing a fire lane will consist of a 20 foot wide gravel surface, with turf on the sides and will be built to carry large emergency vehicles. Breakaway barriers will be installed to prevent vehicles from using the access. Commissioner Baker asked if the breakaway barriers have been used in other locations. Terry Maurer stated that they have been used in other locations. Commissioner Pederson asked if the road by Lots 9 and 10 could be cul-de- saced, or squared up somehow. He suggested that a basketball court could be placed in this location. steve Wensman asked if the Commissioners had any concerns with the style of the proposed town homes. The Commissioners discussed the possibility of adding brick detailing. Commissioner Schuster asked if the city engineer had any concerns with the length of the cul-de-sac. steve Wensman stated that the streets are privately owned. Terry Maurer stated that there will be breakaway barriers to allow emergency access. Commissioner Schuster stated that he supported requiring more trees. . Terry Mauer stated that parking will be allowed on one side of the street, so that off-street parking areas should not be necessary. . . . Planning Commission Minutes May 23. 2000 Page 5 Chair Kuester asked if retaining walls will be needed, due to the grade change. Terry Maurer stated that he cannot make a determination without scale drawings. He explained that there is a separate process to work out the details of the grading. Commissioner Baker stated that he was not opposed to rezoning the property to PUD, but he was concerned with the layout of the plat. There being no further comments from the public, Chair Kuester closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY RIVERSIDE DEVELOPMENT FOR REZONING FROM R3 (MULTI-FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC 00-5, BASED ON THE FOLLOWING FINDINGS: . THAT THE REZONING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. . THAT THE REZONING WILL NOT CREATE AVERSE IMPACTS TO ADJACENT USES. . THAT REZONING TO PUD WILL ALLOW FLEXIBILITY OF DESIGN AND HOUSING TYPES TO BETTER MEET THE NEEDS OF RESIDENTS. COMMISSIONER MORPHEW SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Baker expressed his concern with the density of the project. Commissioner Schuster suggested that a condition be added to require tree replacement, which could be spread throughout the plat. Staff questioned where the additional trees could be placed. Ms. McPherson suggested increasing the caliper for deciduous trees from the current minimum standards of two inches and increasing the conifers from 6'-8' to 8'-10' conifers. Steve Wensman felt staff could determine areas where increasing the number of trees would be appropriate. The Commissioners discussed the following concerns for staff to relay to the developer: 1. Cul-de-sac near Unit #9 townhome 2. Sidewalk or trail from Unit #25 around the pond to Unit #57 3. Additional trees 4. Landscape plan include turn-arounds 5. Trail connection as proposed in Master Park Plan 6. Elevations provided for town homes 7. Detail on theme 8. Active park area 9. Clarify how wetlands fit in with houses 10. Grading plan be provided COMMISSIONER BAKER MOVED TO CONTINUE THE REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (TWIN LAKES TOWN HOMES) AND Planning Commission Minutes May 23, 2000 Page 6 . CONDITIONAL USE PERMIT, CASE NO.'S P 00-7 AND CU 00-19 TO THE JUNE 27,2000 PLANNING COMMISSION MEETING. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Commissioner Morphew opposed. 6.2. Reauest by Phoenix Enterprises for Conditional Use Permit for Restaurant Exoansion (Culver's Restaurant), Public Hearina - Case No. CU 00-16 Staff report by Scott Harlicker. Phoenix Enterprises requests a conditional use permit for an expansion to Culver's Restaurant. located at 19230 Evans Street. in Hillside Crossing Five. Mr. Harlicker noted that the site plan meets the parking requirements. Staff recommends approval of the request with the two conditions listed in the staff report regarding compliance with CU 97-22 and landscaping requirements. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL/DENIAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A CONDITIONAL USE PERMIT FOR AN EXPANSION TO CULVER'S RESTAURANT, CASE NO. CU 00-16, WITH THE FOLLOWING CONDITIONS: . 1. ALL CONDITIONS INCLUDED AS PART OF THE APPROVAL OF CU 97-22 SHALL BE COMPLIED WITH. 2. IN ADDITION TO THE ADDITIONAL TREES PROPOSED AS PART OF THE EXPANSION, LANDSCAPING BE INSTALLED PER APPROVED LANDSCAPING PLAN DATED 9/9/97 AND THE EXISTING PLANTINGS IMPACTED BY THE EXPANSION BE RELOCATED ON SITE. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Reauest by Central Rivers for Preliminary Plat (Elk River CenexL Public Hearina - Case No. P 00-9 6.4. Reauest by Central Rivers for Conditional Use Permit to Construct Car Wash Addition (Cenexl, Public Hearina - Case No. CU 00-15 Staff report by Steve Wensman. Central Rivers is requesting preliminary plat approval for the 1.80 acre, Elk River Cenex property and a conditional use permit for a carwash addition. The property is located at 13374 Highway 10 and is zoned C3 Highway Commercial. Steve reviewed issues regarding drainage and utility easements, curb and gutter. access, vehicular circulation, relocation of the flag pole, pay phones, signs and lights, parking. propane storage, landscaping, utility hookup, and park dedication recommendation. He noted that the site plan does not indicate the location of a pay box or vacuum for the carwash. Staff recommends approval of the request with the conditions outlined in the staff report. He noted that Mr. Cavanaugh has distributed Central River Co-opts response to the conditions proposed by staff, and that the Commission may wish to consider revising the conditions, in light of this information. Chair Kuester opened the public hearing. . Planning Commission Minutes May 23, 2000 Page 7 . . 1. 2. 3. 4. 5. 6. 7. . 8. Mr. Cavanaugh, representing Central River Cooperative, reviewed their response to staff's recommendations. Staff and the Commissioners discussed setting a time line for completion of the curb and gutter, moving the pay phones, signs, lights and flag pole, and reducing the width of the driveway entrance off Highway 10. It was the consensus that five years was a reasonable time limit. Commissioner Baker asked if the condition to prohibit overnight parking of semis was prompted by complaints. Mr. Wensman stated that staff had noticed that vehicles were being parked overnight. Mr. Cavanaugh stated that he did not have a problem with the condition. There being no further comments from the public, Chair Kuester closed the public hearing. COMMISSIONER MORPHEW MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CENTRAL RIVERS FOR PRELIMINARY PLAT OF THE 1.80 ACRE, ELK RIVER CENEX PROPERTY, CASE NO. P 00-9, WITH THE FOLLOWING CONDITIONS: 1. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 2. PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 3. THAT 10-FOOT DRAINAGE AND UTILITY EASEMENTS AROUND THE PERIMETER OF THE PLAT. 4. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CENTRAL RIVERS FOR A CONDITIONAL USE PERMIT FOR A CARWASH ADDITION, CASE NO. CU 00-15, WITH THE FOLLOWING CONDITIONS: THAT CURB AND GUTTER BE INSTALLED AROUND ALL VEHICLE USE AREAS BY SEPTEMBER 1, 2005. THAT THE PARKING LOT BE SETBACK 10 FEET FROM THE PROPERTY LINES BY SEPTEMBER 1, 2005. THAT THERE BE NO OVERNIGHT STORAGE OR PARKING OF SEMI-TRACTOR OR TRAILERS. THAT SITE AMENITIES SUCH AS PAY PHONES, LIGHTS, SIGNS, AND FLAG POLES BE LOCATED ON SITE BY SEPTEMBER 1, 2005. THAT ANY PROPOSED CARWASH PAY BOX OR VACUUMS BE INDICATED ON THE SITE PLAN. THAT A DUMPSTER ENCLOSURE BE PROVIDED THAT IS CONSTRUCTED OF MATERIALS THAT COMPLIMENT THE EXISTING BUILDING. THE ENCLOSURE SHALL BE INDICATED ON THE SITE PLAN AND ELEVATION DRAWINGS PROVIDED. THAT THE PROPANE TANKS MEET NFPA 58 RULES INCLUDING PROPER SETBACKS AND BARRIERS FROM VEHICLE USE AREAS. THAT A LANDSCAPING PLAN BE PROVIDED THAT CONFORMS TO THE CITY LANDSCAPE ORDINANCE. . . . Planning Commission Minutes May 23. 2000 Page 8 6.5. 6.6. 9. THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PLANNING DEPARTMENT PRIOR TO INSTALLATION OF ANY NEW SIGNS OR MODIFICATIONS TO EXISTING SIGNS AS REQUIRED BY CITY ORDINANCE. 10. THAT THE CARWASH AND STORE HOOK UP TO THE CITY SANITARY SEWER. THAT THE STORE HOOKS UP TO CITY WATER. 11. THAT THE DRIVEWAY FROM THE NORTHWEST CORNER OF THE SITE BE REDUCED TO AN APPROPRIATE WIDTH AS DETERMINED BY THE CITY ENGINEER, BY SEPTEMBER 1, 2005. 12. THAT THE PARKING AND DRIVE LANES CONFORM TO CITY ORDINANCE. 13. THAT PARKING AND STACKING AREAS, INCLUDING SEMI-TRACTOR AND TRAILER PARKING, BE STRIPED. 14. THAT A CONCRETE BARRIER BE INSTALLED AT THE EXIT OF THE CARWASH TO PROTECT CARS EXITING THE CARWASH. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Reauest by City of Elk River for Rezonina from BP (Business Parkl to C3 (Hiahway Commercial), Public Hearing - Case No. IC 00-4 Reauest by City of Elk River for Land Use Amendment from LI (Liaht Industriall to HB (Hiahway Business). Public Hearina - Case No. LU 00-4 Staff report by Scott Harlicker. The City of Elk River has requested a land use amendment from LI (Light Industrial) to HB (Highway Business) and a zone change from BP (Business Park) to C3 (Highway Commercial) for Outlot D. Elk Path Business Park. Mr. Harlicker explained that the City recently approved a land use plan amendment and rezoning to highway business/highway commercial for a 3.5 acre parcel adjacent to the Sherburne County Government Center. That action was tabled pending the outcome of this request. Staff felt a more appropriate zoning designation for this parcel is Business Park Mr. Harlicker reviewed staffs findings for amending the land use designation and the rezoning. Chair Kuester opened the public hearing. There being no comments from the public. Chair Kuester closed the public hearing. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR A LAND USE AMENDMENT FROM LI (LIGHT INDUSTRIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 00-4, BASED ON THE FOLLOWING FINDINGS: 1. THE PARCEL WAS IDENTIFIED IN THE COMPREHENSIVE PLAN AS A FUTURE AREA FOR COMMERCIAL LAND USES. 2. THE PARCEL UNDER CONSIDERATION IS ADJACENT TO HIGHWAY 10 3. THE PROPOSED LAND USE PLAN AMENDMENT WILL ALLOW FOR HIGHWAY COMMERCIAL DEVELOPMENT AT A SIGNALIZED INTERSECTION. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Planning Commission Minutes May 23, 2000 Page 9 COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR A ZONE CHANGE FROM BP (BUSINESS PARK) TO HB (HIGHWAY BUSINESS), CASE NO. ZC 00-4, BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HB (HIGHWAY BUSINESS) 2. THE CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS PARCEL AS HIGHWAY COMMERCIAL. 3. THE PROPERTY IS ADJACENT TO HIGHWAY 10 AND IS LOCATED NEAR A SIGNALIZED INTERSECTION WHICH WILL MEET THE TRANSPORTATION NEEDS OF BUSINESSES ALLOWED UNDER THE C3 ZONING DISTRICT 4. THE C3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND WILL BE SERVICED BY MUNICIPAL SEWER AND WATER. COMMISSIONER MORPHEW SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Reauest bv Hovt Partners LLP for Preliminary Plat (Elk Path Business Park), Public Hearing - Case No. P 00-10 Staff report by Scott Harlicker. Hoyt Partners has requested preliminary plat approval for Elk Path Business Center, located at the southeast corner of the intersection of Waco Street and Highway 10. The applicant proposed to subdivide 127 acres into 1 commercial lot and 6 outlots. Mr. Harlicker reviewed possible uses for Lot 1, Block 1, and Outlot A through F. He also reviewed issues associated with drainage and utilities, streets, and park dedication. Staff recommends approval of the request with the conditions outlined in the staff report. Chair Kuester opened the public hearing. John Kuester, Park and Recreation Commission Chair, stated that he would like to make it clear that the Commission is interested in the possibility of acquiring park land when outlot F is developed. In the meantime, the Commission will continue to evaluate the need for a park in this area. Commissioner Baker asked the applicant how he felt about a land dedication. Stewart Wilson, 17975 Troy Street, applicant, stated that he would rather pay park dedication fees. He stated he did not feel this meeting was the proper forum to discuss the issue and he would like to think about it. Ms. McPherson stated that the park dedication relating to the future platting of Outlot F would not hold up Mr. Wilson I s request. Mr. Wilson stated that he was unsure about support for neighborhood parks and that he felt area wide parks served more of the resident' needs. Planning Commission Minutes May 23. 2000 Page 10 . There being no further comments from the public, Chair Kuester closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY HOYT PARTNERS FOR PRELIMINARY PLAT APPROVAL FOR ELK PATH BUSINESS CENTER, CASE NO. P 00-10, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID ON LOT 1, BLOCK 1 PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK FEES ON THE OUTLOTS ARE DUE WHEN THEY ARE PLATTED. 3. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID ON LOT 1, BLOCK 1 PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEES ON THE OUTLOTS ARE DUE WHEN THEY ARE PLATTED. 4. THE WESTERN BOUNDARY OF OUTLOT F SHALL BE ADJUSTED SO IT CORRESPONDS WITH THE WESTERN BOUNDARY OF THE R1C ZONING DISTRICT. COMMISSIONER MORPHEW SECONDED THE MOTION. THE MOTION CARRIED 5-0. . 6.8. Reauest by Ron Wald for Ordinance Amendment to Allow Retail Sales as Accessory Use in Business Park Zonina District. Public Hearina - Case No. OA 00-6 Staff report by Michele McPherson. Ron Wald is requesting that the City amend the Business Park district requirements to allow retail sales in a limited capacity, provided that it meets a number of requirements. The request is prompted by the potential relocation of the post office to the Mulvany Point Business Park. Ms. McPherson reviewed the text amendment proposed by the applicant, and the revised text amendment proposed by staff. Commissioner Schuster questioned why the use was being proposed as an accessory use and not a conditional use. Ms. McPherson explained that it is not the intent of the Business Park zoning district to allow retail sales and allowing the activity as an accessory use clearly demonstrates it is incidental to the primary use of the property. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE VERSION PROPOSED BY STAFF TO ADDRESS THE REQUEST BY RON WALD FOR AN ORDINANCE AMENDMENT TO ALLOW RETAIL SALES AS AN INTERIM USE IN THE BUSINESS PARK ZONING DISTRICT, CASE NO. OA 00-6. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business . 7.1. Update on 5/15/00 City Council Meetina . . . Planning Commission Minutes May 23, 2000 Page 11 Commissioner Baker reviewed action taken by the City Council on planning issues at the May 15, 2000, City Council meeting. 7.2. Discuss June 10, 2000 Mobile WorkshoD Michele McPherson discussed the draft agenda for the June 10th workshop. It was the consensus of the Commission to postpone the Mosquito Heights video to another workshop. They will discuss the West Highway 10 redevelopment project, and leave 9:45 p.m. to tour Marine on Sf. Croix, Stillwater. Manning Trail cluster development, and the Lake Phalen Townhomes. 8. Adiournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 9:20 p.m. Respectfully submitted, iJJk~ Debbie Huebner Recording Secretary