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06-27-2000 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 27, 2000 Members Present: Chair Mesich, Commissioners Baker, Chambers, Kuester, Morphew, Pederson and Schuster Members Absent: None 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 6:30 p.m. by Chair Mesich. 2. Consider 6/27100 Plannina Commission Aaenda COMMISSIONER CHAMBERS MOVED TO APPROVE THE JUNE 27, 2000, PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGES: - ITEM 5.10. - REQUEST BY JOHN BUNKERS - POSTPONED INDEFINITELY COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider 5/23/00 Planning Commission Minutes COMMISSIONER PEDERSON MOVED TO APPROVE THE MAY 23, 2000, MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Plannina Commission Reoresentative to Attend 7117100 Citv Council Meeting Commissioner Pederson will attend the July 17,2000, City Council meeting. 5.1. Reauest bv Fred Rainbolt for Conditional Use Permit for Semi Tractor Parkina. Public Hearinq - Case No. CU 00-18 Staff report by Steve Wensman. Fred Rainbolt requests a conditional use permit to park his semi-tractor at his residence (19619 Tyler Street) in the R 1 a zoning district. Mr. Wensman explained that the issue was brought to the City's attention as a complaint regarding noise, hours of operation, and fumes. He noted that the semi-tractor is parked approximately 25 feet from the neighbor's house to the north. Mr. Wensman explained that due to the topography of Mr. Rainbolt's property, there really was no other suitable place to park the semi-tractor. Planning Commission Minutes June 27, 2000 Page 2 . Chair Mesich opened the public hearing. Diane Bredeck, 19687 Tyler Street, neighbor north of the Rainbolts, voiced her concern regarding the semi-tractor running at all hours of the day and night, seven days a week. She stated that they cannot have their windows open because of the odor and fumes. Ms. Bredeck explained that she did not have a problem with the presence of the truck, but with Mr. Rainbolt starting and running the truck for long periods of time. She suggested that restrictive hours of operation be set, if the conditional use permit was approved. Nancy Rainbolt, applicant, submitted a letter from a neighbor at 19612 Tyler Street expressing support for the Rainbolt's request for a conditional use permit. Mrs. Rainbolt stated that they had asked the Bredecks on several occasions in the past if the semi was a problem and was told they had no concerns. She stated that the truck needs to be plugged in, in the winter, and they have not found a place to park the truck were electricity is available. Mrs. Rainbolt explained that there is not room on their property to do additional plantings to screen the truck but they are willing to provide $100 to the Bredecks if they wish to plant additional trees on their property. Tom Bredeck, 19687 Tyler Street, stated that the most significant problem is that their bedroom window is only about 30 feet from where the truck is parked and it disturbs them on a regular basis. He discussed an incident where the truck was started and stopped continuously for about four hours starting at 1 a.m. because Mr. Rainbolt was having a problem with the truck. . Fred Rainbolt, applicant, stated that he was not aware there was a problem with him starting the truck during the night. He explained that he needs to run the truck in order to have pressure for the brakes to work. Mr. Rainbolt stated that he occasionally needs to leave at 1 a.m. to make a particular run, and that his hours often vary. There being no further comments from the public, Chair Mesich closed the public hearing. Commissioner Kuester asked Mr. Rainbolt how often he needs to leave at 1 a.m. Mr. Rainbolt stated he cannot predict, but estimated that it happens once a month. Commissioner Chambers asked if the conditional use permit will need to be renewed annually. Ms. McPherson explained that the conditional use permit will run with the land and will be valid indefinitely. She noted that if a violation of the conditions arises, it will be addressed through the code enforcement process. Chair Mesich asked if there were complaints made to the police department. Ms. McPherson explained that the complaint came through the code enforcement staff. . Commissioner Baker stated that he felt the issues raised by the Bredecks regarding noise and fumes were valid and he did not feel he could approve the request. He felt that setting hours of operation would help the situation, but that still would not address the concerns of odor and noise. . . . Planning Commission Minutes June 27, 2000 Page 3 Commissioner Morphew stated he also could not support the request. Commissioner Chambers asked if specific hours of operation were established, what could happen if there were still complaints. Ms. McPherson explained the process of revocation for these types of conditional use permits. Commissioner Schuster asked the Bredecks what hours of operation they would accept as reasonable. Mr. and Mrs. Bredeck stated that 6 a.m. to 9 p.m. would be acceptable. COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST BY FRED RAINBOLT FOR A CONDITIONAL USE PERMIT TO PARK A SEMI-TRACTOR ON HIS PROPERTY, BASED ON THE FOLLOWING: 1. SITE CONSTRAINTS 2. AFFECTS ON ADJOINING PROPERTIES COMMISSIONER MORPHEW SECONDED THE MOTION. THE MOTION CARRIED 5-2. Commissioners Chambers and Schuster opposed. 6.2. Reauest bv Ericksmoen Construction for Conditional Use Permit to Construct Church (Living Waters Church), Public Hearing - Case No. CU 00-17 Staff report by Steve Wensman. Ericksmoen Construction is requesting a conditional use permit to construct a church at 21260 Meadowvale Road, in the Rl a zoning district. Steve Wensman reviewed the site plan and issues associated with tree preservation, building elevations, floor plan, parking, well and septic system, lighting, landscaping, signs, grading, drainage, erosion control, easements, and wetlands. He noted that the County has determined that one access will need to be removed and they also will be requiring a turn lane. Ninety-nine parking stalls have been shown on the plan, with the future plans for 66 addition spaces. Staff recommended 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 Kuester asked if the septic and well will be abandoned. Mr. Ericksmoen, contractor representing Living Waters Church, indicated that it will be shown on the plan. Chair Mesich stated that he felt the building design was rather generic and asked how this plan was settled on. Mr. Ericksmoen stated that the plan was chosen for its simplicity, functionality and the fact that it fit into the church's budget. Chair Mesich felt that the additional parking should be required now. Steve Wensman explained why staff felt the phasing of the parking was appropriate for this application. Pastor Pullar, Living Waters Church, stated that they have approximately 180 people attending Sunday services which is only V2 of the maximum capacity of Planning Commission Minutes June 27,2000 Page 4 . . 2. 3. 4. 5. 6. 7. 8. . the church. He did not feel the additional parking would be needed for some time. Chair Mesich asked if the property owners within 350 feet were notified of this public hearing. Ms. McPherson stated that the proper notification and publications were done. Mr. Ericksmoen stated that the church was set back on the property in order to save trees. Pastor Pullar stated that a neighborhood meeting was held and that probably explains why there are no residents present at this meeting. Chair Mesich questioned what color the building would be. Pastor Pullar stated that they will be using tan earthtones. Commissioner Chambers suggested that they consider color-integrated block since it does not need to be painted. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ERICKSMOEN CONSTRUCTION, INC. FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH, CASE NO. CU 00-17, BASED ON THE FOLLOWING CONDITIONS: 1. THAT THE 4 CONDITIONS IN THE SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT MEMO BE INCORPORATED INTO THE DEVELOPMENT PLANS AND THAT AN ACCESS PERMIT BE OBTAINED FROM THE COUNTY PRIOR TO CONSTRUCTION. THAT AN EASEMENT BE PROVIDED FOR THE ACCESS ACROSS CHURCH PROPERTY FOR THE PARSONAGE. THAT A SIGN PERMIT BE OBTAINED PRIOR TO CONSTRUCTION OF ANY SIGNS. THAT THE CONDITIONS OF CU 99-9 BE COMPLIED WITH. THE PARSONAGE PROPERTY BE LANDSCAPED IN CONJUNCTION WITH THE CHURCH PROPERTY. THAT A REVISED LANDSCAPE PLAN BE PREPARED THAT INDICATES THE NUMBER OF TREES REQUIRED BY CITY ORDINANCE INCLUDING CREDIT FOR EXISTING TREES. THAT THE COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE SITE PLANS. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIPLlNE TO PREVENT DAMAGE TO TREES BY INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. 9. THAT THE DEMONSTRATED PARKING AREA BE INSTALLED WHEN THE PARKING IS NEEDED OR AS REQUESTED BY THE CITY OF ELK RIVER. 10. THAT LIGHTING BE PROVIDED THAT CONFORMS TO CITY ORDINANCE. . . . Planning Commission Minutes June 27, 2000 Page 5 11. THAT 1 O-FOOT DRAINAGE AND UTILITY EASEMENTS INSIDE THE PERIMETER OF THE PROPERTY BE GRANTED TO THE CITY. 12. THAT DRAINAGE AND UTILITY EASEMENTS OVER WETLANDS AND PONDING AREAS BE GRANTED TO THE CITY. 13. THAT A SUBDIVISION EXEMPTION BE COMPLETED AND RECORDED PRIOR TO RECORDING THE CONDITIONAL USE PERMIT WITH THE COUNTY. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.3. Reauest bv Wash and Fill of Minnesota, Inc. for Preliminary Plat (Elk River Crossina 2nd Addition), Public Hearina Case No. P 00-8 5.4. Reauest bv Wash and Fill of Minnesota, Inc. for Conditional Use Permit. Public Hearing - Case No. CU 00- 12 Staff report by Scott Harlicker. Wash and Fill of Minnesota has requested preliminary plat approval to replat Lot 1 and Lot 2, Block 1, Elk River Crossing 2nd Addition into two lots (181st Avenue and Highway 169). They have also requested a conditional use permit to construct a convenience store/car wash and a quick lube facility. Mr. Harlicker explained that the total area being platted is 2.714 acres. He reviewed issues regarding the site plan, parking and access, building elevations, signage, and landscaping. He noted that the building will be composed of colored block in shades of brown. Staff recommends approval of the request with the conditions in the staff report to the Commission. Chair Mesich opened the public hearing. Barry Graceland, 110 Bank Street, Minneapolis, representing Wash and Fill, provided a rendition of the Blaine facility located at 179th and Central Avenue. He reviewed the wood detailing which would be used inside the building and explained that hydromic heat will be used under all the concrete to provide a dry surface during rain and snow. Mr. Harlicker asked if Mr. Graceland had a rendition of the lube facility. Mr. Graceland stated that the building will have the typical red roof. Chair Mesich asked how the water dripping off cars coming out of the carwash in the winter would be addressed. Mr. Graceland stated that that is why the hydromic heating is used under the concrete. He explained that system has a 2 million BTU capacity. Commissioner Baker asked if the Wash and Fill would look like the Blaine facility. Mr. Graceland stated that it would be exactly the same, down to the wood detailing. Mr. Harlicker noted that the applicant must meet the PUD standards or come back for an amendment. Discussion followed regarding the red roof of the lube facility, traffic flow through the site, dumpster location and green space. . . . Planning Commission Minutes June 27, 2000 Page 6 There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY WASH AND FILL OF MINNESOTA FOR PRELIMINARY PLAT APPROVAL, CASE NO. P 00-8, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 2. NO LOT WILL HAVE ACCESS FROM EITHER HIGHWAY 169 OR 181sT AVENUE. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY WASH AND FILL OF MINNESOTA FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/CAR WASH AND QUICK LUBE FACILITY, CASE NO. CU 00- 12, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE APPLICANT WILL HAVE TO PROVIDE WRITTEN PERMISSION FROM UPA FOR ANY ENCROACHMENTS INTO THEIR EASEMENT BEFORE THE CITY WILL SIGN OFF ON THE SITE PLAN. 3. THE SITE PLAN BE REVISED AS SHOWN ON EXHIBIT A 4. HEIGHT OF FLAG POLE SHALL NOT EXCEED 40 FEET. 5. THE LANDSCAPE PLAN BE REVISED TO INCORPORATE LANDSCAPING ON THE NEW GREEN SPACE SHOWN ON EXHIBIT A AND INCLUDE ORNAMENTAL TREES ALONG THE EAST SIDE OF THE QUICK LUBE. 6. STOP SIGNS BE LOCATED AT THE EXIT OF THE CAR WASH AND AT THE DRIVE WAY ALONG THE EAST SIDE OF THE CAR WASH. 7. THE ANGLE OF THE PUMP ISLANDS SHOULD BE ADJUSTED TO FACILITATE SMOOTH TRAFFIC FLOW THROUGH THE SITE. 8. THE FASCIA OF THE CANOPY SHALL NOT BE ILLUMINATED. CANOPY LIGHTING SHALL CONSIST OF CANISTER SPOT LIGHTS RECESSED INTO THE CANOPY. NO PORTION OF THE LIGHT SOURCE OR FIXTURE MAY EXTEND BELOW THE BOTTOM FACE OF THE CANOPY. 9. THE ARCHITECTURAL DESIGN, COLORS AND CHARACTER OF THE CANOPY SHALL BE CONSISTENT WITH THE PRINCIPLE BUILDING ON SITE. 10. NO ACCESS SHALL BE ALLOWED FROM HIGHWAY 169 OR 181sT AVENUE. 11. DETAILS OF THE LIGHTING POLES AND A LIGHTING PLAN SHALL BE PROVIDED. . . . Planning Commission Minutes June 27. 2000 Page 7 12. APPLICANT SHALL GET WRITTEN PERMISSION FROM UPA REGARDING THE PROPOSED LANDSCAPING WITHIN THEIR EASEMENT. 13. THE EXTERIOR MATERIAL FOR THE QUICK LUBE SHALL BE SPLIT FACED ROCK TO MATCH THE CONVENIENCE STORE/CAR WASH. THE COLOR SHOULD MATCH THE COLORS USED IN THE CONVENIENCE STORE/CAR WASH. 14. ALL SIGNS SHALL COMPLY WITH THE PUD AGREEMENT FOR ELK RIVER CROSSING. 15. THE BLOCK USED FOR THE EXTERIOR OF BOTH THE CONVENIENCE STORE/CAR WASH AND THE QUICK LUBE BE INTEGRALLY COLORED. 16. THE DUMPSTER SHALL BE ENCLOSED TO MATCH THE BUILDING EXTERIOR AND LOCATED IN A SITE DETERMINED APPROPRIATE BY STAFF. COMMISSIONER MORPHEW SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. Reauest bv Les Lundauist and Flovd Kruse for Preliminarv Plat ApDroval (K & L Addition). Public Hearin9 - Case No. P 00-1 Staff report by Michele McPherson. Floyd Kruse and Les Lundquist have requested preliminary plat for 17 lots located at the northeast corner of Highway 10 and 173rd Avenue, with nine of the lots to be platted in the first phase of the project. Michele explained that the proposed plat will include Mr. Kruse's and Mr. Lundquist's properties, as well as Bridgeman's, Deanos and Dehn's Four Seasons. Since these properties are unplatted, platting is required if extension, redevelopment or connection to utilities occurs. She noted that Atlas Pets has opted to not be included in the plat at this time. Ms. McPherson reviewed issues associated with plat configuration, access, grading and drainage, utilities, park dedication and zoning. Staff recommends approval of the request with the conditions listed in the staff report. Chair Mesich opened the public hearing. Tom Price, owner of the property northwest of the site, expressed his concern that the future use of his property would be affected by the plat specifically regarding access. Ms. McPherson stated that there would be no change in access. There being no further comments from the public, Chair Mesich closed the public hearing. Chair Mesich asked when the businesses along Highway 10 would be hooked up to city services. Ms. McPherson explained that not all the properties have access currently. Laterals will be extended as part of the plat and other properties will have access when Phase Two is done. She noted that city ordinance requires properties to be hooked up within two years of services becoming available. Terry Maurer explained that lateral will go up to Mr. Price's property and will come in from 171 st Avenue. Currently, they will end at the cul-de-sac until Phase Two is completed. . . . Planning Commission Minutes June 27, 2000 Page 8 5.6. 5.7. COMMISSIONER CHAMBERS MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY FLOYD KRUSE AND LES LUNDQUIST FOR PRELIMINARY PLAT APPROVAL (K & L ADDITION), CASE NO. P 00-1, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 2. ALL OF THE CITY ENGINEER'S COMMENTS BE ADDRESSED. 3. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 4. STORM WATER MANAGEMENT FEES IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 5. STREET LIGHTS AS REQUIRED BY ELK RIVER UTILITIES BE INSTALLED. 6. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. Reauest bv Phoenix Enterorises for Preliminary Plat Aoproval (Twin Lakes Townhomes), Public Hearina Case No. P 00-7 Reauest bv Phoenix Enterprises for Conditional Use Permit (Twin Lakes Townhomes), Public Hearing - Case No. CU 00-19 and ZC 00-5 Staff report by Steve Wensman. Riverside Development has requested preliminary plat approval and a conditional use permit for a town home project. Steve explained that since the Council has taken action to keep Twin Lakes Road open, the cul-de-sacs within the plat that had raised some concern will likely not be built. Mr. Wensman reviewed issues which were detailed in his report to the Commission regarding phasing of the project elevations, density, roads, trails, parking, wetlands, access to adjacent properties, drainage and utilities, grading, tree preservation, landscaping, signage, play area, and park dedication. Mr. Wensman noted that a letter has been received from Sherburne County, stating their concerns with the access requested by the developer. Commissioner Baker asked for more information regarding elevations of the proposed town homes and twin homes. Steve Wensman provided photos of similar units in another city. Commissioner Baker asked what will happen to the cul-de-sacs. Terry Maurer stated that the streets will now go through and the breakaway barriers will be unnecessary. Commissioner Kuester expressed her concern that there be adequate pedestrian connections, specifically, the Line Avenue connection, to provide a safer way for people to get to the shopping areas and also to connect to the pedestrian overpass on Highway 169. Chair Mesich opened the public hearing. Planning Commission Minutes June 27, 2000 Page 9 . Sarah Dennison, resident of Barrington Townhomes, expressed her concern for the trees that will be removed. She felt that the trees serve as a noise buffer from Industrial Hardfacing activities. She asked if the wetlands would remain. Terry Maurer stated that the wetlands will stay. Ms. Dennison felt that removing the trees will have a negative impact on the property values of the town homes. Ms. McPherson stated that Ms. Dennison should contact the County Assessor for information on property values. Larry Trushenski, 18596 Twin Lakes Road, stated that he owns the parcel to the east, which is surrounded by the townhouse site. He asked how far the closest unit would be to his property. Steve Wensman explained that the closest building would be approximately 24' from his property. Mr. Trushenski expressed concern that he would lose trees. Mr. Wensman stated that the drip lines of the trees would be fenced. Mr. Trushenski asked if he would be required to hook up to city water and sewer. Mr. Wensman stated that he would not. Mr. Trushenski asked how tall the trees would be that will be planted. Mr. Wensman stated that the City ordinance requires 6 feet conifers and 2" caliper deciduous. trees. Clint Corrow, representing Riverside Development, stated that the cul-de-sacs will not be needed if Twin Lakes Road is left open. Chair Mesich asked Mr. Corrow if the extensive grading was necessary. Mr. Corrow stated that the plan provides for the best use of the land and that they will replace as many trees as possible. Mr. Corrow noted that the townhomes will be less dense than Trott Brook Farms. . Chair Mesich asked what the market value of the homes is estimated to be. Mr. Corrow stated that the townhomes will be approximately $150,000 and the twin homes will be $180, 000 - $200,000, and the square footage will be 1,200 sq. ft. plus. Chair Mesich asked if Mr. Corrow has seen the letter from Sherburne County regarding access on the county road. Mr. Corrow stated that he has seen the letter and they are aware that approval of the plat is contingent upon securing the access permit. Terry Maurer stated that he did not see a problem with site distances at this location, a concern expressed by the County. There being no further comments from the public, Chair Mesich closed the public hearing. Chair Mesich asked how many setback variance would have been required if this property were zoned R3. Steve Wensman explained that the property did not fit the R3 Zoning District and that is why it is coming through the process as a PUD. Michele McPherson stated that the R3 setbacks are 30' on the front, 10' on the side, and 35' on the rear, which is not all that different from what the setbacks will be for this PUD. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY RIVERSIDE DEVELOPMENT FOR PRELIMINARY PLAT (TWIN LAKES TOWNHOMES), WITH THE FOLLOWING CONDITIONS: . . . . Planning Commission Minutes June 27, 2000 Page 10 1. THAT THE COMMENTS OF THE COUNTY HIGHWAY ENGINEER BE INCORPORATED INTO THE DEVELOPMENT PLANS AND THAT AN ACCESS PERMIT BE OBTAINED FROM SHERBURNE COUNTY FOR THE PROPOSED ACCESS ONTO COUNTY ROAD 13 PRIOR TO CONSTRUCTION. 2. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL. 3. THAT THE DEVELOPER PROVIDES HOMEOWNERS ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEYS REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. 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. 5. 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. 6. THAT AN EASEMENT BE PROVIDED FOR A CITY TRAIL AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION OVER THE EAST AND WEST TRAILS TO ALLOW PUBLIC ACCESS. 7. THAT THE TRAIL I FIRE LANE BE DESIGNED AND CONSTRUCTED AS APPROVED BY THE FIRE CHIEF INCLUDING A BREAK-AWAY BARRIER APPROVED BY THE POLICE AND FIRE CHIEF'S. 8. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT AND SITE PLANS. 9. THAT ALL LANDSCAPED AREAS BE IRRIGATED. 10. THAT PHASE TWO BE CONTINGENT ON THE RECOMMENDATIONS OF THE TECH PANEL REVIEW AND ARMY CORPS OF ENGINEER REVIEWS. 11. THAT THE DEVELOPER OBTAINS WRITTEN APPROVAL FROM THE UTILITIES TO GRADE IN THE GAS AND POWER LINE EASEMENTS. 12. THAT THE PARKING AND PAVEMENT BE REMOVED FROM THE 6TH STREET BOULEVARD WHERE DISRUPTED BY UTILITY WORK AND RESTORED WITH TURF. 13. THAT ANY PROPOSED DEVELOPMENT SIGNS BE SHOWN ON THE DEVELOPMENT PLANS AND THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO INSTALLATION OF ANY SIGNS. 14. THAT THE ROADS BE LIMITED TO PARKING ON ONE SIDE OF THE STREET WITH SIGNS INDICATING NO PARKING. 15. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIPLlNE TO PREVENT . . . Planning Commission Minutes June 27. 2000 Page 11 DAMAGE TO TREES BY INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. 16. THAT THE PLAT INCLUDE THE DRAINAGE AND UTILITY EASEMENTS AS DETERMINED BY THE CITY ENGINEER. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY RIVERSIDE DEVELOPMENT, CASE NO. CU 00-19, WITH THE FOLLOWING CONDITIONS: 1. THAT THE COMMENTS OF THE COUNTY HIGHWAY ENGINEER BE INCORPORATED INTO THE DEVELOPMENT PLANS AND THAT AN ACCESS PERMIT BE OBTAINED FROM SHERBURNE COUNTY FOR THE PROPOSED ACCESS ONTO COUNTY ROAD 13 PRIOR TO CONSTRUCTION. 2. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL. 3. THAT THE DEVELOPER PROVIDES HOMEOWNERS ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEYS REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. 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. 5. 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. 6. THAT AN EASEMENT BE PROVIDED FOR A CITY TRAIL AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION OVER THE EAST AND WEST TRAILS TO ALLOW PUBLIC ACCESS. 7. THAT THE TRAIL I FIRE LANE BE DESIGNED AND CONSTRUCTED AS APPROVED BY THE FIRE CHIEF INCLUDING A BREAK-AWAY BARRIER APPROVED BY THE POLICE AND FIRE CHIEF'S. 8. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PRELIMINARY PLAT AND SITE PLANS. 9. THAT ALL LANDSCAPED AREAS BE IRRIGATED. 10. THAT PHASE TWO BE CONTINGENT ON THE RECOMMENDATIONS OF THE TECH PANEL REVIEW AND ARMY CORPS OF ENGINEER REVIEWS. 11. THAT THE DEVELOPER OBTAINS WRITTEN APPROVAL FROM THE UTILITIES TO GRADE IN THE GAS AND POWER LINE EASEMENTS. 12. THAT THE PARKING AND PAVEMENT BE REMOVED FROM THE 6TH STREET BOULEVARD WHERE DISRUPTED BY UTILITY WORK AND RESTORED WITH TURF. . . . Planning Commission Minutes June 27, 2000 Page 12 13. THAT ANY PROPOSED DEVELOPMENT SIGNS BE SHOWN ON THE DEVELOPMENT PLANS AND THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO INSTALLATION OF ANY SIGNS. 14. THAT THE ROADS BE LIMITED TO PARKING ON ONE SIDE OF THE STREET WITH SIGNS INDICATING NO PARKING. 15. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIPLlNE TO PREVENT DAMAGE TO TREES BY INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. 16. THAT THE PLAT INCLUDE THE DRAINAGE AND UTILITY EASEMENTS AS DETERMINED BY THE CITY ENGINEER. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.8. Reauest bv Snyder Dru9 Stores, Inc. for Amendment to Conditional Use Permit, Public Hearing - Case No. CU 00-22 Staff report by Scott Harlicker. Snyder Drug Stores has requested an amendment to their conditional use permit to allow a third wall sign and three 1 Hour Photo signs. The current signage is approximately 5 percent of the total square footage of the front elevation. The additional signage would increase this amount to approximately 9 percent. Staff recommends approval of the request and asked that the Commission consider amending the sign ordinance to allow signage based on the same method used for Wal-Mart and Home Depot. Commissioner Baker asked if the signs would be illuminated. Mr. Harlicker stated they would be. Commissioner Pederson asked how sign age is currently determined. Mr. Harlicker explained that signage is based on the size of the letters. Commissioner Kuester asked if the Snyder building had other tenants. Mr. Harlicker stated that there will be other tenants and they will be allowed to have their own signs. Commissioner Kuester expressed her support for the ordinance amendment proposed by staff. The Commissioners discussed their concern that the front of the building was changed from what was originally approved. Steve Wensman explained that revision was a result of a change in ownership of the Snyder property. Ms. McPherson noted that the Commission was given an opportunity to review the plans when the front elevation was changed, and it was the consensus of the Commissioners to not review it. Chair Mesich stated he did not realize the entire front of the building was being changed. Chair Mesich opened the public hearing. . . . Planning Commission Minutes June 27, 2000 Page 13 Joel Zwak, representing Snyders, explained that Snyders was not aware there was a limitation on signs. After finding out this information, they discovered they would not be able to have the signage they felt they needed for visibility. Chair Mesich asked if was imperative they have three 1-hour photo signs. Mr. Zwak felt that the 1-hour photo was a very important marketing tool for the success of their store. Dave Under, also representing Snyders, stated that he felt that the additional signage would help to break up the elevation of the building facing Burger King. Commissioners Pederson and Baker expressed their support for an ordinance amendment to base the maximum sign age allowed on a percentage of the square footage of the front elevation. There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY SNYDER DRUG STORES FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT, CASE NO. CU 00-22. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6.1. Commissioner Peterson opposed. 5.9. Reauest bv Gold Nugget DeveloDment Inc. for Land Use Plan Amendment to Urban Service District MaD, Public Hearing - Case No. LU 00-5 Staff report by Michele McPherson. Ms. McPherson explained that the Urban Service District was amended in 1997 to include the area south of County Road 12, east to Fillmore and south to 175th Avenue. The amended area is scheduled not to receive utilities and assessments until 2007. Gold Nugget Development has requested amending the Urban Service District map to allow services to be provided to property located at 181 st Avenue and Fillmore Street prior to 2007, for residential development. The developer would absorb the financial costs of improvements and the assessments ($6,000 per acre). Utilities to serve this area will be provided from Trott Brook Farms, as well as property to the north and east of Trott Brook. Ms. McPherson noted that the School District is negotiating the purchase of property east of Trott Brook Farms and north of County Road 12 for an elementary school. Staff recommended approval of the request based on the information provided in the staff report. Chair Mesich opened the public hearing. Horace Grazer, representing the applicant, stated that they will likely propose a residential PUD. He felt that their request is a logical extension of city services. He noted that the cost of the project will be borne by the developer and should not involve the other residents in the area. Pat HOlzern, owner of the subject property, stated that he also felt the extension was logical. He indicated that he would like to sell his property now, before the assessments come. Planning Commission Minutes June 27, 2000 Page 14 . John Benver, 17963 Fillmore Street, was concerned that his property may be affected. Terry Maurer stated that Mr. Benver's property is outside the Urban Service District. There being no further comments from the public, Chair Mesich closed the public hearing. Chair Mesich asked if the City was aware of the School District's plans to build an elementary school in this area. Ms. McPherson stated that she participated in a meeting with the property owner (Rick Foster), Dr. Flannery, and staff regarding a possible joint powers agreement for park land to be used by both the City and School District. Chair Mesich asked if a lift station would be needed in this location. Terry Maurer stated that a regional lift station would be required, either on the north or south side of County Road No. 12, which would collect sewage from the surrounding land and pump it back to Trott Brook Farms. He explained that the trunk assessment fee will pay the cost for the lift station and credit will be given back to the Trott Brook Farms developer as other properties develop around it and will utilize the lift station. . Commissioner Baker stated that he understood the date was established to manage growth, but he felt that the parcel in question was relatively small and extension of the services would require no financial outlay to the City. Chair Mesich stated that additional residential development does cost the City by way of creating additional demands on the school system, fire and police protection. Chair Mesich felt the City Council's language in the Comprehensive Plan was very blunt and clearly stated they did not want development of this area until 2007. COMMISSIONER PETERSON MOVED APPROVAL OF THE REQUEST BY GOLD NUGGET FOR AN AMENDMENT TO THE URBAN SERVICE DISTRICT MAP, CASE NO. LU 00-5. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-1. Chair Mesich opposed. 5.11. Reauest bv Billv Lundberg/James Pearson NIle Dia It) for a Conditional Use Permit for Excavatino Business, Public Hearino - Case No. CU 00-21 Staff report by Steve Wensman. Billy Lundberg and James Pearson of We Dig It have requested a conditional use permit for outdoor storage as part of an excavating business in the 11, Light Industrial zoning district. Mr. Wensman reviewed issues associated with the request including use of the building, access, surfacing the parking area with gravel, outdoor storage, construction of a fence by Furniture and Things, Fire Code issues associated with the fuel tanks on site, screening and landscaping. He reviewed the 14 items listed in the staff report as recommended conditions of approval. Commissioner Kuester asked what the piles of materials were used for. Steve Wensman stated that they applicant may be using the material for a berm. . Chair Mesich opened the publiC hearing. . . . Planning Commission Minutes June 27, 2000 Page 15 James Pearson, applicant, stated that the fire code requires a minimum of three feet of space between fuel storage tanks, so they will be moving them. Commissioner Kuester asked what would be stored inside the building. Mr. Pearson stated that trucks will be stored which are loaded with the equipment for their excavating business. Commissioner Kuester asked what would be stored outside. Mr. Pearson explained that the large trailers for backhoes and the big trucks would be stored outside. Commissioner Kuester asked how long the spoils are stored on site before they are removed. Pearson stated that when they have accumulated about a half of a pickup truck load, they spoils are removed, which is about 2 weeks time. Commissioner Mesich asked if there was any danger of a fuel spill reaching the Mississippi River. Ms. McPherson explained that the applicants will be required to meet the state requirements for diking and containment per the State Fire Code. Mr. Pearson also stated that specific nozzles will be required which prevent fuel from accidentally leaking. Jeff Gongoll, representing the property owner, explained that the property owner lives out of state and he manages the property for him. He stated that the applicants have done substantial improvements on the property. Chair Mesich asked who would be completing the improvements specified in the conditions. Mr. Gongoll stated that the applicants, Pearson and Lundberg, would be responsible for the improvements. There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER CHAMBERS MOVED APPROVAL Of THE REQUEST BY WE DIG IT fOR A CONDITIONAL USE PERMIT, CASE NO. CU 00-21, WITH THE fOLLOWING CONDITIONS: 1. THAT AN ENGINEERED RETAINING WALL BE CONSTRUCTED BETWEEN THE UPPER AND LOWER PARKING AREAS WITH A MAXIMUM SLOPE Of 25% ABOVE THE WALL AND THAT A BUILDING PERMIT BE OBTAINED fOR WALLS OVER 4 fEET IN HEIGHT, BY DECEMBER 1, 2000. 2. THAT THE WESTERLY DRIVEWAY BE A MINIMUM Of 24 fEET IN WIDTH. 3. THAT THE PARKING AND YARD AREAS BE SETBACK 10 fEET fROM THE CLEVELAND RIGHT-Of-WAY AND THE WEST PROPERTY LINE. 4. THAT CURB-STOPS BE INSTALLED BETWEEN THE SLOPE AND THE UPPER PARKING AREA. 5. THAT A BERM BE CONSTRUCTED BETWEEN CLEVELAND STREET AND THE PARKING AND YARD AREA WITH A SLOPE NO GREATER THAN 25% fOR EASE Of MAINTENANCE AND CONSTRUCTED ENTIRELY ON THE SUBJECT PROPERTY, BY DECEMBER 1, 2000. . . . Planning Commission Minutes June 27,2000 Page 16 6. THAT A MINIMUM OF (18) 4-5 FOOT CONIFERS AND (7) 2" BB DECIDUOUS OVERSTORY TREES BE PLANTED INSIDE THE WEST PROPERTY LINE. 7. THAT A MINIMUM OF (30) 4-5 FOOT CONIFERS AND (12) 2" BB DECIDUOUS OVERSTORY TREES BE PLANTED INSIDE THE SOUTH PROPERTY LINE ADJACENT CLEVELAND STREET. 8. THAT TURF BE ESTABLISHED ON ANY LANDSCAPE AREAS DISTURBED BY GRADING, BY DECEMBER 1, 2000. 9. THAT LANDSCAPED AREAS BE IRRIGATED AS REQUIRED BY CITY ORDINANCE. 10. THAT NO VEHICLE OR MOTORIZED EQUIPMENT MAINTENANCE OCCUR WITHIN THE EXISTING BUILDING. 11. THAT THE SOIL AND DEBRIS BE CONTAINED AND SEPARATED FROM THE LANDSCAPED AREAS, BY DECEMBER 1, 2000. 12. THAT THE LOWER PARKING AND YARD AREA BE PAVED WITH NEW GRAVEL, BY DECEMBER 1, 2000. 13. THAT THE UPPER PARKING AREA BE RESURFACED WITH BITUMINOUS OR PATCHED AND STRIPED, BY DECEMBER 1, 2000. 14. THAT THE FUEL TANKS ON SITE BE RELOCATED IN COMPLIANCE WITH THE FIRE CHIEF'S RECOMMENDATION AND THE FIRE CODE. AND THAT THE LOCATION BE INDICATED ON THE SITE PLAN PRIOR TO THE CITY COUNCIL MEETING ON JULY 17,2000. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Other Business 6.1. Uodate on 6/19/00 City Council Meetina Michele McPherson provided an update on the June 19, 2000, City Council meeting. 6.2. Joint Meetina with Park & Recreation Commission The Planning Commission will meet jointly with the Park and Recreation Commission on Wednesday, July 12, from 8:00 p.m. to 9:00 p.m. Discussion topics include neighborhood parks and preservation of trees. The Planning Commission will meet prior to discuss a cluster development concept (7:30 p.m.) Commissioner Baker stated that he would like to make discussion of building standards a priority for a future workshop. Chair Mesich stated that he would like to review Maple Grove's ordinances on this issue. 8. Adiournment . . . Planning Commission Minutes June 27, 2000 Page 17 There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER MORPHEW SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 10:30 p.m. Respectfully submitted, Ww'd~ Debbie Huebner Recording Secretary