07-23-2002 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 23, 2002
Members Present:
Chair Pederson, Commissioners Anderson, Baker, Franz, Jenson and Ropp
Members Absent:
None
Staff Present:
Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Frank Kriz, City
Engineer; Debbie Huebner, Recording Secretary
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 6:30 p.m. by Chair Pederson.
2. Consider 7/23/02 Planning Commission Agenda
COMMISSIONER FRANZ MOVED TO APPROVE THE JULY 23, 2002
PLANNING COMMISSION AGENDA. COMMISSIONER ANDERSON
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
3.
Consider 6/25/02 Planning Commission Minutes
COMMISSIONER ANDERSON MOVED TO APPROVE THE JUNE 25, 2002,
MINUTES. COMMISSIONER JENSON SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
4. Planning Commission Representative to Attend August City Council Meeting
Commissioner Ropp will attend the August 19, 2002 City Council meeting.
5.1. Request by Bob and Terry Bostrom for Conditional Use Permitto Create a Pond. Public
Hearing - Case No. CU 020-25
Staff report by Steve Rohlf. Bob and Terry Bostrom, 13301 192nd lh Avenue, request a
conditional use permit to excavate an approximately 5,000 square foot area in a Type 2
wetland to create some open water for ducks and aesthetics. Mr. Rohlf explained the project
and noted that staff recommends approval with the conditions listed in the staff report. He
also provided a brief explanation regarding the City's role in reviewing wetland issues.
Commissioner Anderson asked if the Park and Recreation Commission was aware of the
request. Mr. Rohlf explained that the proposed pond would have no impact on the City
park to the north.
Chair Pederson opened the public hearing. There being no public comment, Chair Pederson
closed the public hearing.
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July 23, 2002
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COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF
THE REQUEST BY BOB AND TERRI BOSTROM FORA CONDITIONAL USE
PERMIT TO CONSTRUCT A POND, CASE NO. CU 02-25, WITH THE
FOLLOWING CONDITIONS:
1. STAFF'S DECISION ON THE WCA IS NOT OVERTURNED ON AN
APPEAL.
2. NO SPOILS SHALL BE LOCATED WITHIN 66 FEET OF THE COUNTY
DITCH, PER THE COUNTY DITCH INSPECTOR'S LETTER DATED
JULY 8, 2002.
3. FOR SAFETY REASONS, A MAXIMUM OF 4 TO 1 SLOPES ARE
MAINTAINED IN THE WETLAND.
4. ALL SPOILS REMOVED FROM THE WETLAND ARE DEPOSITED ON
UPLAND AREAS OF BOSTROM'S PROPERTY.
COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
5.2. Request by Richard Mochinski for Conditional Use Permit to Construct 6.832 Sq. Ft. Retail
Facility & Conditional Use Permit for Site Plan Approval of Batteries Plus. Public Hearing-
Case No. CU 02-23
This item is postponed to the August 27, 2002 Planning Commission meeting.
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5.3.
Request by Charles Christian for Preliminary Plat Approval. Elk Meadows. Public Hearing-
Case No. P 02-17
Staff report by Scott Harlicker. Christian Builders requests preliminary plat approval of Elk
Meadows, a 2.93 acre plat of 5 lots, located on the west side of Kliever Lake Fields and
south of County Road 12. There is an existing home on one lot fronting on County Road
12. Mr. Harlicker reviewed the layout of streets and lots, landscaping, and park dedication
recommendation. Staff recommends approval of the plat with the conditions listed in the
staff report.
Commissioner Franz asked if the engineering issues have been resolved. Mr. Harlicker
stated no.
Commissioner Baker asked if Item #6 in the City Engineer's memo has been worked out.
Frank Kriz, City Engineer with Howard R. Green, stated that the elevation difference may
just be a typo. He stated that the applicant is still working out the grading issues and then
the drainage calculations can be done.
Chair Pederson opened the public hearing.
Paul Cherney, Pioneer Engineering, representing the applicant, stated that drainage
issues are minor and can be worked out.
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Commissioner Franz asked if the ponding designed for Kliever Lake Fields was designed to
accommodate this area. Mr. Cherney stated that the area was included in the ponding
design.
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July 23, 2002
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Commissioner Anderson asked if the County has suggested closing the access for the
existing single family home. Mr. Harlicker stated that this is the only access for this property
and the County had no comments.
There being no further public comment, Chair Pederson closed the public hearing.
COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF
THE REQUEST BY CHRISTIAN BUILDERS FOR PRELIMINARY PLAT
APPROVAL OF ELK MEADOWS, CASE NO. P 02-17, WITH THE FOLLOWING
CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. A SIDEWALK SHALL BE CONSTRUCTED ALONG 180TH AVENUE TO
CONNECT WITH THE SIDEWALK CONSTRUCTED AS PART OF
KLIEVER LAKE FIELDS.
STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER
MUNICIPAL UTILITIES.
A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
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.
THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR W ATER AVAILABILITY CHARGES.
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.
9. ASURFACEWATERMANAGEMENTFEEINTHEAMOUNTREQUlRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID FOR FOUR LOTS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
12. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
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July 23, 2002
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13. 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.
14. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR
PARK DEDICATION PURPOSES, CASH DEDICATION FOR FOUR LOTS
TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO
RELEASING THE PLAT FOR RECORDING.
15. ALL MAILBOXES SHALL BE CLUSTERED.
16. THE APPLICANT SHOULD PROVIDE FORA TEMPORARY CUL DE SAC
ON 180TH AVENUE INSTEAD OF THE PERMANENT ONE PROPOSED.
17. THE EXISTING SHED ON LOT 3 SHALL BE REMOVED WITHIN 6
MONTHS OF THE RECORDING OF THIS PLAT.
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
5.4.
Request by Daniel O'Bresky for a Conditional Use Permit for Subway Restaurant, Public
Hearing - Case No. CU 02-24
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Staff report by Chris Leeseberg. Daniel O'Bresky requests a conditional use permit to allow
the construction of a Subway Restaurant on Lot 1, Block 1, Elk River Crossing 4th Addition.
Mr. Leeseberg reviewed the proposed project, design standards, landscaping, parking and
circulation. Staff recommends approval of the request with the seven conditions listed in the
staff report.
Commissioner Baker asked what has changed since the plans were previously reviewed. Mr.
Leeseberg stated that the plans previously showed a shared access and that the entrance/exit
on the north has been removed. Commissioner Baker asked what type of business would be
located in the lease space. Mr. Leeseberg stated he did not have that information.
Commissioner Anderson asked how much signage would be allowed. Mr. Leeseberg stated
that 2 wall signs per tenant, and 3 signs for the end caps, in lieu of a monument sign would
be recommended.
Chair Pederson opened the public hearing.
There being no further public comment, Chair Pederson closed the public hearing.
Russ McGinty, STM, Inc., stated that he would support the additional wall signage for the
multi-tenant buildings in lieu of a monument sign, and also would like the extra sign for the
end caps.
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Daniel O'Bresky, applicant, stated that he currently has three Subway Restaurants in Elk
River and plan to relocate one of the stores to this site. The 1,000-1,200 sq. ft. tenant space
will likely house some type of non-food, service-oriented business. Mr. O'Bresky stated that
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July 23, 2002
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the location of the signs will be determined by the site lines and landscaping. He noted that
eventually the Subway Restaurant may require the entire building and thereby eliminate the
lease space and related signage.
Mr. Harlicker asked if there would be direct access to the building for the tenant. Mr.
O'Bresky stated that there would be a separate entrance for the tenant space.
Commissioner Franz asked if Mr. O'Bresky had any concerns with the recommendation for
additional landscaping. Mr. O'Bresky stated that he felt the issue could be worked out with
staff. However, he had concerns regarding staff's recommendation for the shared accessed
and felt that an additional lane was necessary for better traffic flow. He felt an additional 6
feet of width would be adequate.
Mr. Leeseberg stated that city standards would require an island if an additional lane was
added. Mr. O'Bresky stated that he felt the potential for vehicle damage would be increased
with an island. He stated that this site will be heavily used by recreational traffic pulling
boats and trailers and felt the island would create problems. He also expressed concern that
their delivery tractor/trailers would have difficulty accessing the site, as well as emergency
vehicles.
Mr. Kriz, City Engineer, stated that if three lanes were approved, an island would be
required.
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Chair Pederson suggested that a condition be added to allow a third wall sign in place of a
monument sign. He felt that the applicant would likely be back to request this anyway, and
that the issue could be taken care of now. He stated he did not have a problem with the
three lanes, but he was unsure if the island would work. He felt he would rather see the
access left open.
Commissioner Ropp asked how a wider access could be allowed if the City standard is a
maximum of 30 feet. Mr. Harlicker stated that wider accesses have been allowed in the past,
in order to install a median. Mr. Harlicker stated that if there were no island, four vehicles
could physically be in the access at one time. He stated that striping would not help. Mr.
Kriz explained that a vehicle could potentially cut across all three lanes and that by adding an
additional 4 feet, an island could be accommodated.
Commissioner Baker agreed with Chair Pederson's suggestion to allow a third wall sign in
lieu of a monument sign. He did not support allowing a driveway width beyond the 30 feet
reqUlrement.
Commissioner Anderson concurred with the additional wall signage allowance. He did not
feel 30 feet would accommodate three lanes and supported allowing a wider driveway in
order to install an island.
Discussion followed regarding the access issue and additional signage.
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COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY DANIEL O'BRESKY TO CONSTRUCT A SUBWAY
RESTAURANT, CASE NO. CU 02-24, WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
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July 23, 2002
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2. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE
CODES.
3. A DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED OF THE SAME
MATERIALS AND COLORS AS THOSE USED IN THE BUILDING. THE
SITE PLAN SHALL BE AMENDED TO SHOW VEHICLE ACCESS TO THE
DUMPSTER ENCLOSURE.
4. ONLY TWO WALL SIGNS PER TENANT SHALL BE ALLOWED; ONE
FRONTING ZANE STREET AND THE OTHER FRONTING HIGHWAY
169.
5. A LANDSCAPE PLAN SHALL BE SUBMITTED AND SHALL MEET THE
CITY'S REQUIREMENTS.
6. ONLY ONE SHARED ACCESS SHALL BE PROVIDED AT THE SOUTH
PROPERTY LINE.
7. A MONUMENT SIGN (IF DESIRED) SHALL BE INDICATED ON THE
SITE PLAN AND SHALL BE SET BACK AT LEAST 10 FEET FROM
PROPERTY LINES. A THIRD WALL SIGN SHALL BE ALLOWED IN
LIEU OF A MONUMENT SIGN FOR THE END CAPS, UP TO A
MAXIMUM OF SIX (6) SIGNS FOR THE STRUCTURE.
8. THE SHARED ACCESS ON THE SOUTH PROPERTY LINE SHALL
INCLUDE THREE (3) LANES; ONE INGRESS AND TWO EGRESS. AN
ISLAND (TWO FEET MINIMUM IN WIDTH) SHALL SEPARATE THE
INGRESS/EGRESS LANES. ALL LANES SHALL MEET THE CITY
ORDINANCE.
COMMISSIONER DANA SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
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6.
Other Business
6.1. Update on 7/15/02 City Council Meeting
Commissioner Jenson provided an update on the July 15, 2002 City Council
meetmg.
7. Adjournment
There being no further business, COMMISSIONER ANDERSON MOVED TO
ADJOURN THE MEETING. COMMISSIONER BAKER SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 7:58 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
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