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05-28-2002 PC MIN e e e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 28,2002 Members Present: Chair Pederson, Commissioners Anderson, Baker, Jenson and Ropp Members Absent: Commissioners Franz and Mesich Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Terry Maurer, City Engineer 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:42 p.m. by Chair Pederson. 2. Consider 5/28/02 Planning Commission Agenda COMMISSIONER BAKER MOVED TO APPROVE THE MAY 28, 2002 PLANNING COMMISSION AGENDA. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 4/23/02 Planning Commission Minutes COMMISSIONER JENSON MOVED TO APPROVE THE APRIL 23, 2002, MINUTES. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend June City Council Meeting Commissioner Anderson will attend the June 17, 2002 City Council meeting. 5.1. Request by Kathryn & Donald Martin for Conditional Use Permit - Private Kennel. Public Hearing - Case No. CU 02-15 Staff report by Chris Leeseberg. Mr. Leeseberg reviewed the proposal, existing conditions, zoning, and adjacent land uses. Staff recommends approval with four conditions. Chair Pederson opened the public hearing. Kathy Martin, applicant, discussed the proposal and stated that they would be constructing a six foot high privacy fence along the front and sides of the property and a chain link fence along the rear facing the woods. She stated that they have five show dogs which she has raised for a very long time. They stay in their house most of the time and she does not keep them outside in order to reduce barking. There being no further public comment, Chair Pederson closed the public hearing. Planning Commission Minutes May 28, 2002 Page 2 e COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY KATHRYN AND DONALD MARTIN FOR A CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL, CASE NO. CU 02-15, WITH THE FOLLOWING CONDITIONS: 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELliNG. 2. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY. 3. THAT THE APPliCANT RECEIVES A PRIVATE KENNEL liCENSE FROM THE CITY COUNCIL. 4. THE NUMBER OF DOGS OVER 6 MONTHS SHALL NOT EXCEED FIVE. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Request by Robert Cullinan for a Conditional Use Permit for Home Occupation (parking of Semi Truck Tractors and Trailers for Trucking Business) -Public Hearing. Case No. CU02- 17 Staff report by Chris Leeseberg. Mr. Leeseberg reviewed the proposal to park semi truck tractors and trailers. He reviewed the existing conditions of the site, the zoning, and adjacent land uses. He also showed an aerial photo showing the site and photos of the site from Brook Road. Staff recommended approval of the request with one condition. e Chair Pederson opened the public hearing. Donald Lemon, 11369 Brook Road, stated that he was concerned with the number of trucks already on Brook Road and suggested that access from the property be to and from Highway 169 directly. Robert Holland, 213 75 Brook Road, stated that County Road 21 is being broken up by the existing truck traffic and stated that he did not want to payor be assessed for rebuilding the road. He suggested that gravel tax be used to accomplish the road rebuilding. He stated he was not opposed to truck parking on the site. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker inquired about weight restrictions. Director of Planning Michele McPherson stated that the County posts the weight restrictions and that they are typically placed during the spring season when the frost is leaving the ground. Commissioner Anderson asked if there was access from the site to Highway 169. Mr. Leeseberg stated that the property does not have 169 frontage. Chair Pederson stated that he felt the trucks should remain stored inside the building and that an additional condition should be added. e COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ROBERT CULliNAN FOR A CONDITIONAL USE FOR A HOME OCCUPATION, CASE NO. CU 02-17, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes May 28, 2002 Page 3 e 1. IF MORE THAN FOUR SEMI-TRACTOR/TRAILERS AND/OR MORE THAN TWO STRAIGHT TRUCKS ARE NEEDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. ALL EQUIPMENT SHALL BE STORED INSIDE. 3. HOURS OF OPERATION SHALL BE LIMITED TO 7 A.M. TO 6 P.M. MONDAY THROUGH FRIDAY. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Request by Charlotte and Sherri Gatewood for a Conditional Use Permit for a Fitness Facility (Elk Park Center). Public Hearing - Case No. CU 02-20 Staff report by Scott Harlicker. Mr. Harlicker reviewed the request for a fitness facility in the existing shopping center space. He reviewed the hours of operation and parking. Also, he reviewed the allowable signage. Staff recommends approval with no conditions. Chair Pederson opened the public. There being no public comment, Chair Pederson closed the public hearing. e Commissioner Anderson stated that he felt the request would be a good fit for the shopping center. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CHARLOTTE AND SHERRI GATEWOOD FOR A CONDITIONAL USE PERMIT FOR A FITNESS FACILITY (IT FIGURES - ELK PARK CENTER), CASE NO. CU 02-20. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Request by Rick Austin for Rezoning from R4 (Multiple Family Residential) to C3 (Highway Commercial). Public Hearing - Case No. ZC 02-06) 5.5. Request by Rick Austin for Conditional Use Permit to Operate a Commercial Recreation Facility (Indoor Go-Cart Track w/Video Games). Public Hearing - Case No. CU 02-16 Staff report by Michele McPherson. Ms. McPherson reviewed the request for the zone change from R4 Multiple Family, to C3 Highway Commercial. It was noted that it appears there is an error in the zoning map, as the land use designation is Highway Business. Staff recommends approval of the rezoning with two findings of fact. Ms. McPherson went on to review the conditional use permit for an indoor go-kart track. She reviewed the track layout, the hours of operation, the clientele, and parking. Staff recommends approval of the request with two conditions. e Commissioner Baker asked if the police had any problems during staff review. Ms. McPherson noted that there were no comments from the police department regarding this use. Planning Commission Minutes May 28, 2002 Page 4 e Chair Pederson opened the public hearing. Jeff , facility manager, discussed the type of go-karts and type of engines that would be used that would have catalytic converters on them to reduce carbon monoxide emissions. He stated that there is an engineer that has been hired to work on designing the proper ventilation for adequate air exchange. The sound emissions would be equal to that of normal household clothes dryer, not exceeding 65 decibels with all twelve vehicles going. Commissioner Ropp asked if the parking lot will be fixed or repaved. Mr. Jeff stated that it will be repaired and re-striped. Commissioner Baker asked how the course would be constructed. Mr. Jeff stated that it will be lined with recycled tires. Commissioner Baker asked if smoking would be allowed. Mr. Robert Hall, 723 3rd Street, stated that he was very concerned about the proposed use. Over 200 residents live nearby and he felt that they would be adversely impacted by this request, as there would be more people in the area causing possible break-in of vehicles, more juveniles would be hanging around in the area, there would be more traffic which adversely affect children in the neighborhood. He felt that this request would decrease their property values in the area. Adam Harrison, 11084 190th Avenue, stated that he was in support of the request. He has attended events at Thunder Alley in Brooklyn Center, and there was very little noise. e Ken Jordan, 18990 Tyler Street, stated that he was concerned with the hours of operation due to the age of the clientele that they would be attracting. Greg Bossany, 304 Baldwin Street, stated he was opposed to the request. He has visited other sites and indicated that you could hear the screeching tires versus motors and that other sites were kept in poor condition. He felt that patrons would leave the site with an increased adrenalin level which would lead to speeding in the neighborhood. There being no further public comment, Chair Pederson closed the public hearing. Chair Pederson asked how the commercial facility became residential in zoning. Ms. McPherson stated that it may very easily have been an oversight in preparing the City's zoning map. There was no information in the file to indicate any other reason behind the zoning classification. Chair Pederson asked Mr. Maurer about the existing vehicle circulation and whether it would be changed. Mr. Maurer indicated that it would not be changed unless the site was redeveloped. Commissioner Anderson stated that he felt the zoning should be brought into compliance with the Comprehensive Plan. It does not appear that the hours are excessive. He expressed a concern about the noise level. Chair Pederson stated that he was concerned about loitering and keeping the parking lot clean. He would like to make sure that the parking lot lighting is fully functional. e Planning Commission Minutes May 28, 2002 Page 5 e Commissioner Jenson suggested that as with the billiard request previously reviewed by the Commission, that cigarette sales be curtailed. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY RICK AUSTIN FOR A REZONING FROM R4 (MULTIPLE FAMILY RESIDENTIAL) TO C3 (HIGHWAY COMMERCIAL), CASE NO. ZC 02-06, BASED ON THE FOLLOWING FINDINGS: 1. APPROVAL OF THE ZONING REQUEST WILL NOT HAVE ADVERSE IMPACTS ON ADJACENT USES. 2. THE ZONING REQUEST IS CONSISTENT WITH THE LAND USE DESIGNATION OF THE COMPREHENSIVE PLAN. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY RICK AUSTIN FOR A CONDITIONAL USE PERMIT TO OPERATE A COMMERCIAL RECREATIONAL FACILITY (INDOOR GO- KART TRACK WITH VIDEO GAMES), CASE NO. CU 02-16, WITH THE FOLLOWING CONDITIONS: 1. THE GO-KART OPERATION SHALL COMPLY WITH ALL OF THE BUILDING AND FIRE CODE REQUIREMENTS, INCLUDING PROVIDING ADEQUATE PARKING LOT LIGHTING. 2. THE APPLICANT SHALL POST AND ENFORCE THE CITY OF ELK RIVER'S CURFEW REQUIREMENTS. 3. THE EMPLOYEES SHALL POLICE THE GROUNDS AND NOTIFY THE POLICE DEPARTMENT IF THERE ARE PROBLEMS INSIDE OR OUTSIDE OF THE BUILDING. THE GROUNDS SHALL BE KEPT FREE OF LITTER AND DEBRIS. 4. THERE SHALL BE NO SALE OF CIGARETTES. 5. THERE SHALL BE NO USE OF CIGARETTES BY MINORS. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Request by Innovation Homes. Inc. for Preliminary Plat Approval (Echo Hill). Public Hearing - Case No. P 02-09 Staff report by Chris Leeseberg. Mr. Leeseberg reviewed the preliminary plat request, the existing conditions, topography, and vegetation. A video was also shown of the site. Staff recommends approval of the request with the conditions in the staff report. Chair Pederson opened the public hearing. e Planning Commission Minutes May 28, 2002 Page 6 e Ron Niziolek, 12275 Rush Circle, submitted written comments regarding the property. He stated that it is the most beautiful piece of property and needs to be developed properly and sensitively. The slopes are extremely delicate and vegetation will be difficult to re- establish within the wooded areas. Mr. Phillip Hurt, 19678 Proctor Road, stated he was an adjacent owner and spoke regarding his concerns of slopes and future erosion. He inquired as to how construction would occur on the site and if the City would be requiring an environmental impact statement. Commissioner Baker reviewed the e-mail letter received by staff and distributed to the Commission. He requested that the applicant respond to the e-mail concerns. Mr. Klein responded to the issues outlined the e-mail. Commissioner Baker asked what percentage of trees would be lost. Mr. Klein estimated that 20 percent of the trees on the site may be lost. Mr. Niziolek stated that the proposed density would destroy a large number of trees on the site. There being no further public comment, Chair Pederson closed the public hearing. e Commissioner Baker asked about the status of the tree preservation ordinance and how the slope of the street would impact the trees. Ms. McPherson stated that the tree preservation ordinance has been drafted but that an analysis of enforcement is currently ongoing and needs to be determined. Mr. Maurer stated that decreasing the slope of the street would require additional grading of side slopes which would impact more trees. Therefore, staff is recommending that the increased slope of the street be approved in order to reduce tree impacts. Chair Pederson asked how much runoff would be going onto adjacent properties. Mr. Maurer further explained the comments outlined in his memo relating to storm water runoff. Chair Pederson asked if there was an option to build a community septic system. Mr. Maurer indicated that a community septic system would probably impact more trees than the individual septic systems. COMMISSIONER BAKER MOVED APPROVAL OF THE REQUEST BY NEW INNOVATION HOMES, INC. FOR PRELIMINARY PLAT APPROVAL (ECHO HILL), CASE NO. P 02-09, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. tit Planning Commission Minutes May 28, 2002 Page 7 e 5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE APPliCANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTliNING THE TERMS AND CONDITIONS OF APPROVAL. 7. PARK DEDICATION SHALL BE IN LAND (1.5 ACRES) AND SHALL BE IN A TRAIL CORRIDOR ALONG THE SOUTH PROPERTY liNE OF THE PLAT. 8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR REMOVING ALL DEAD/FALLEN TREES WITHIN THE PROPOSED TRAIL CORRIDOR. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. MAILBOXES SHALL BE CLUSTERED. e 12. THE PLAT SHALL COMPLY WITH THE R1A SETBACK REQUIREMENTS. 13. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. ANY TREES OFF SITE OR ON SITE, NEAR THE liMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP liNE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. A recess was taken at this time (8:10 p.m.). The meeting reconvened at 8:20 p.m. 5.7. Request by Tollefson Development for Rezoning from Rle (Single Family Residential) to R3 (Townhouse/Multiple Family Residential). Public Hearing - Case No. ZC 02-05 5.8. Request by Tollefson Development for Preliminary Plat Approval (Twin Lakes Crossing). Public Hearing - Case No. P 02-05 5.9. Request by Tollefson Development for a Conditional Use Permit (Twin Lakes Crossing). Public Hearing - Case No. CU 02-21- Cancelled h Staff report by Scott Harlicker. Mr. Harlicker reviewed the existing conditions including wetlands, topography, trees and adjacent zoning. He reviewed the proposal including layout, streets, the rezoning request to R3, the dimensional requirements, park dedication, streets and utilities. Staff recommends approval of the rezoning request for only a portion of the e Planning Commission Minutes May 28, 2002 Page 8 e site to R3 Multiple Family, and recommends tabling the preliminary plat until additional issues can be resolved. Chair Pederson opened the public hearing. Commissioner Baker asked if the application was considered complete at the time it was submitted. Mr. Harlicker stated that the required documentation was submitted, but that a detailed analysis is not done until preparation of the staff report. Commissioner Baker asked if there were findings of fact for approval or denial of the rezoning request. Ken Jordan, 18990 Twin Lakes Road, stated he was opposed to the R3 request for townhomes due to the increased traffic. He stated that Twin Lakes Road is a high traffic road now with traffic traveling north to cabins, the addition of the church, and the curve on Twin Lakes Road in this area. He stated that the land is very low and that there are number of wetlands in the area and that it is not appropriate to build on poor soils. He felt that larger homes and single family home zoning as it currently is would be better. He expressed concern regarding impacts to trees, wildlife, and schools. Barb Burandt, 19118 Tyler Street, stated that she supports Mr. Jordan's comments and stated that on Tyler Street there are a number of walkers and felt that there would increased traffic on Tyler which would adversely impact pedestrians. She expressed concern regarding tree removal in the project. Barbara Gaddes, 19134 Twin Lakes Road, stated that the subject property is beautiful land and that she would prefer single family homes. e Margaret (Peggy Ann) King, P.O. Box 16, resident on Twin Lakes Road, stated that single family is the preferred land use. She stated she was concerned with the speed of the traffic traveling on Twin Lakes Road. She also concurred that it was beautiful property. John Kuester, Park and Recreation Commissioner, stated that he would like to provide some background on the recommendation for park land and wanted to include comments regarding the need for tot lots in the multi-family areas that was discussed by the Park and Recreation Commission. The developer and staff were to meet to review the multi-family areas and determine where the tot lots were to be located. He asked if this had happened yet. Scott Wright, 19101 Tyler Street, stated that any realignment of Tyler Street would impact his horse pasture. Darien Gaddes, 19134 Twin Lakes Road, stated he was opposed to the plat and he felt that when the City meets the country equals tree removal and flattening the hills. Harold Furan, 18837 Twin Lakes Road, stated that land is predominantly swamp and that including townhomes would decrease the property values. e Doc Bohlman, Tollefson Development, Inc., stated that he would like to respond to the issues of the neighbors. He stated he is attempting to avoid the wetlands, although a third of the site is wetland area. He felt that the R3 zoning was consistent with the Comprehensive Plan. Based on the cost of the property, he could not do the entire project in single family development. He stated he did not want to spend a lot of time on the plans as they had not been before the Wetland Technical Evaluation Panel yet, and that the wetland impacts Planning Commission Minutes May 28, 2002 Page 9 e would affect the overall plan. He stated that he will update the landscape plan to comply with the ordinance and that the park requests are excessive and would adversely affect the project. Commissioner Baker noted that everyone has the right to develop their property, but he would need a compelling reason to rezone the parcel to R3. He felt that clear-cutting the site is in opposition to the Comprehensive Plan and the public purpose of the R1e zoning district. The applicant requested that the Commission act on the requests and either recommend denial or recommend approval with conditions. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Anderson stated that he did not find this proposal a good use of the property and he did not support previous townhome requests that had come before the Commission. e COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST STATING PUBLIC OPPOSITION TO THE REQUEST BY TOLLEFSON DEVELOPMENT, INC. FOR A REZONING FROM R1E TO R3, CASE NO. ZC 02-05, BASED ON THE FOLLOWING FINDINGS: 1. THE CURRENT ZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 2. THERE IS NO COMPELLING REASON FOR THE REZONING REQUEST 3. PUBLIC OPPOSITION TO THE REQUEST COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER BAKER MOVED TO RECOMMEND DENIAL OF THE REQUEST FOR PRELIMINARY PLAT OF TWIN LAKES CROSSING, CASE NO. P02-05, BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING WAS DENIED. 2. THE PLAT DOES NOT COMPLY WITH THE DIMENSIONAL REQUIREMENTS. 3. PUBLIC OPPOSITION TO THE REQUEST. AND, WITH THE FOLLOWING REQUIREMENT: IF THE ZONE CHANGE IS APPROVED BY THE CITY COUNCIL, THE CITY COUNCIL SHOULD DIRECT STAFF AND THE APPLICANT TO BRING THE PLAT BACK TO THE PLANNING COMMISSION FOR REVIEW. COMMISSIONER ANDERSON SECONDED. CARRIED 5-0. 5.10. Request by City of Elk River for Preliminary Plat Approval (Grace Addition). Public Hearing - Case No. P 02-10 e Planning Commission Minutes May 28, 2002 Page 10 e Staff report by Michele McPherson. Ms. McPherson reviewed the proposal, number of lots, potential park design, water connections, and trail easements. Staff recommends approval with the conditions in the staff report. Chair Pederson opened the public hearing. Commissioner Anderson asked if the park had been purchased. Ms. McPherson responded no; that a written outline, outlining the conditions of the potential purchase had been agreed to by both parties but that no purchase agreement had been signed. An Xavier Street resident asked if there would be a through-street on 190th Avenue. Ms. McPherson stated no. Barb Burandt, 19118 Tyler Street, stated that her family has leased the property in the past years for their beef cattle. She asked what barriers would be constructed to prevent children from trespassing onto their property. John Kuester, Park and Recreation Commissioner, reviewed the process for development of the park. Dennis Mitchell, 11042 190th Avenue, asked if there was a through street, how would people access the site. It was noted that a pedestrian trail would be connecting the neighborhood to the park. e Darien Gaddes asked if there would be second entrance. Ms. McPherson noted that the church has agreed to work with the City to utilize a shared parking situation with the church parking lot. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker noted that he would be favor of the plat and the development of a park in this neighborhood. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR PRELIMINARY PLAT APPROVAL FOR GRACE ADDITION, CASE NO. P 02-10, WITH THE FOLLOWING CONDITIONS: 1. THE UTILITY EASEMENT SHALL INCLUDE TRAIL RIGHTS. 2. THE PARK BOUNDARIES SHALL BE MARKED AS REQUIRED BY ORDINANCE. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11. Request by Assembly of God Church for a Conditional Use Permit for Site Plan. Public Hearing - Case No. Cu 02-19 e Staff report by Michele McPherson. Ms. McPherson reviewed the location, building size, circulation, setbacks, parking requirements, landscaping, and building materials. Planning Commission Minutes May 28, 2002 Page 11 It Commissioner Baker asked how the parking was being calculated. Ms. McPherson reviewed the parking requirement calculation. Commissioner Jenson asked if there would only be one access to the church from Twin Lakes Road. Ms. McPherson stated yes. Chair Pederson opened the public hearing. Ken Jordan, 18990 Twin Lakes Road, asked if there would be landscaping along the common property line with his property. Ms. McPherson noted yes, that it would be part of the revised landscape plan. Barb Burandt, 19118 Tyler Street, asked if there would be turn lanes on Twin Lakes Road to provide access to the church. Mr. Maurer noted that the County is requiring turn lanes as part of this construction. Pastor Kallevig, Grace Assembly of God Church, was in attendance to discuss the hours of the church services and the request. There being no further public comment, Chair Pederson closed the public hearing. e COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GRACE ASSEMBLY OF GOD CHURCH FOR A CONDmONAL USE PERMIT, CASE NO. CU 02-19, WITH THE FIVE CONDITIONS PROPOSED BY STAFF, AND INCLUDING THE FOLLOWING ADDITIONAL CONDITIONS: 1. THE DRIVEWAY ADJACENT TO THE ENTRANCE BE SIGNED FOR ONE-WAY TRAFFIC. 2. THE APPliCANT BE ALLOWED TO HAVE THREE YEARS TO ADD BRICK TO THE BUILDING MATERIALS. THE MOTION DIED FOR LACK OF A SECOND. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GRACE ASSEMBLY OF GOD FORA CONDITIONAL USE PERMIT, CASE NO. CU 02-19, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY BE ADDRESSED. 3. THE BUILDING SHALL COMPLY WITH THE BUILDING AND FIRE CODES. 4. ADDITIONAL PARKING SHALL BE PROVIDED AS REQUIRED BY CODE. 5. A REVISED LANDSCAPE PLAN COMPLYING WITH THE ORDINANCE SHALL BE SUBMITTED FOR STAFF REVIEW AND e Planning Commission Minutes May 28, 2002 Page 12 e APPROVAL. THE PLAN SHALL INCLUDE LANDSCAPE ISLANDS IN THE PARKING AREA. 6. THE DRIVE AISLE ADJACENT TO THE ENTRY SHALL BE SIGNED "ONE WAY TRAFFIC" WITH THE ENTRY CLEARLY MARKED. BRICK THREE FEET HIGH SHALL BE ADDED TO THE BASE OF THE BUILDING F A<;ADE. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. 5.12. Request by STM Development for Conditional Use Permit for Site Plan (Elk River Crossing). Public Hearing - Case No. CU 02-18 e 1. 2. 3. 4. 5. 6. e 7. 8. Staff report by Chris Leeseberg. Mr. Leeseberg reviewed the location, building construction, setbacks, landscaping, parking, and signage. The landscape plan will need to be revised and it is suggested that the access locations be also revised to provide additional onsite stacking space for patrons leaving the commercial facility onto Zane Street. Chair Pederson opened the public hearing. Russ McGinty, of Grubb & Ellis, was present to primarily discuss the issues of signage. It was suggested that the monument sign be eliminated in favor of providing a third sign for the end cap tenants within the multi-tenant building. Commissioner Baker asked how the handicap stalls were calculated. Mr. Leeseberg noted that this is a building code requirement and that it is calculated based on the number of parking stalls provided on site. There being no further comments, Chair Pederson closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STM DEVELOPMENT FOR A CONDITIONAL USE PERMIT FOR SITE PLAN, PUBliC HEARING - CASE NO. CU 02-18, WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE CODES. A DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED OF THE SAME MATERIALS AND COLORS AT THOSE USED IN THE BUILDING. ONLY TWO WALL SIGNS PER TENANT SHALL BE ALLOWED; ONE FRONTING ZANE STREET AND THE OTHER FRONTING HIGHWAY 169. THE LANDSCAPE PLAN SHALL MEET THE CITY'S REQUIREMENTS BY ADDING FIVE OVERSTORY TREES. IN liEU OF A MONUMENT SIGN, THE END CAP TENANTS MAY HAVE ADDITIONAL SIGNAGE ON THE NORTH AND SOUTH WALLS THREE (3) HANDICAP-PARKING STALLS SHALL BE PROVIDED. A FUTURE ACCESS TO THE LOT TO THE SOUTH SHALL BE Planning Commission Minutes May 28,2002 Page 13 e PROVIDED TO PROVIDE EFFICIENT INGRESS AND EGRESS FOR THE TWO LOTS. 9. AN ACCESS TO THE LOT TO THE NORTH SHALL BE PROVIDED WITH SIMILAR PLACEMENT OF THE SOUTH LOT ACCESS. 10. THE SITE PLAN SHALL SHOW THE DRIVEWAY LOCATIONS, IF ANY EXIST, ON THE EAST SIDE OF ZANE STREET. CHAIR PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13. Request by Gordon Moldenhauer for Preliminary Plat Approval (Mississippi Oaks 3rd Addition). Public Hearing - Case No. P 02-11 Staff report by Michele McPherson. Ms. McPherson presented the plat and reviewed issues of existing conditions, plat layout, street arrangement, traffic issues, and park dedication. Chair Pederson opened the public hearing. e Mr. Gordon Moldenhauer, applicant, addressed the Commission and spoke vehemently against the park dedication requirements recommended by the Park and Recreation Commission. He stated that wildlife would be adversely impacted by placement of a park behind the lots along the river. The park would decrease the value of the lots and would adversely impact their family. He stated that two parks were already given by his family to the City and he did not see the need for this park area to be dedicated. He stated that teens are in the parks and along the river and that he has received complaints from existing residents. Mr. John Kuester, Park and Recreation Commissioner, stated that this would be a neighborhood park, and that it would be a conservancy park. It would allow others in the City and in the neighborhood to enjoy the natural amenity provided by the floodplain. Commissioner Anderson asked why the City was accepting the floodplain. Mr. Kuester stated that this was a unique opportunity and that the Commission felt that accepting floodplain in this instance would be beneficial to the City. Mr. Moldenhauer continued to express his dissatisfaction that the City was taking his property without providing him any compensation in return. Ms. Smith noted that her family gave the park at Fresno and 182nd and that it had not been developed. Now it had a basketball court in it which brings neighborhood teens in from other areas and does not provide park amenities to the existing homeowners. There being no further comment, Chair Pederson closed the public hearing. Commissioner Baker asked if the City has done anything regarding the letter submitted by the Mississippi Oaks homeowners. Ms. McPherson replied that the driveway noted in the letter has been corrected by the applicant and that the applicant is working with the City on replacing the trees that were removed. e Chair Pederson stated that he did not see a need to connect the cul-de-sac to Concord. He does not want to create a cut-through through an existing single family neighborhood. He also expressed concern regarding the amount of fill required to bring the properties up to Planning Commission Minutes May 28, 2002 Page 14 e the proper elevation. He liked the conservancy park as recommended by the Park and Recreation Commission. Commissioner Baker asked if sidewalks would be included. It was noted that sidewalks were indicated on the utility plan. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GORDON MOLDENHAUER FOR PRELIMINARY PLAT APPROVAL (MISSISSIPPI OAKS 3RD), PUBLIC HEARING - CASE NO. P 02-11, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 3. A SEALCOA T FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. e 6. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR W ATER AVAILABILITY CHARGES. 7. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR OUTLOT A AND ESTABLISHING VEGETATIVE COVER. 8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 9. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 10. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 11. A SURFACE W ATERMANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. e Planning Commission Minutes May 28, 2002 Page 15 e 13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 16. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES UP TO 2.7 ACRES OF LAND BEHIND LOTS 25-29, BLOCK 2. IF THE 2.7 ACRES OF LAND IS NOT AVAILABLE, CASH DEDICATION FOR THE REMAINDER TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT SHALL BE ADDRESSED. e 19. SIDEWALKS SHALL BE PROVIDED AS INDICATED ON THE UTILITY PLAN. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Other Business 6.1. Update on May 20. 2002 City Council Meeting Commissioner Baker provided an update on the May 20, 2002 City Council meeting. 8. Adjournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 11:42 p.m. Respectfully submitted, Michele McPherson Director of Planning e