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03-25-2003 PC MIN e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 25, 2003 Members Present: Vice Chair Anderson, Franz, Jenson, Lemke, Offerman and Ropp Members Absent: Chair Pederson Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; T eny 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 6:30 p.m. by Vice Chair Anderson. 2. Consider 3/25/03 Planning ConunissionAgenda COMMISSIONER JENSON MOVED TO APPROVE THE MARCH 25, 2003 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. e 3.1. Consider 2/11/03 Joint Meeting Minutes with City Council and EDA COMMISSIONER ROPP MOVED TO APPROVE THE FEBRUARY 11, 2003 JOINT MEETING MINUTES. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3.2. Consider 2/25/03 Planning Conunission Minutes COMMISSIONER JENSON MOVED TO APPROVE THE FEBRUARY 25,2003, MINUTES. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend April City Council Meeting Conunissioner Pederson will attend the April 21, 2003 City Council meeting. 5.1. Request by Lisa Shields- Ergen for an Amendment to the Elk River Plaza PUD to allow a Discovety Montessori School in the Elk River Plaza PUD as a Conditional Use. Public Hearing - Case No. CU 02-04 e Staff report by Planner Chris Leeseberg. Lisa Shields-Ergen requests a amendment to the Elk River Plaza Planned Unit Development (PUD) to allow a Montessori School as a Conditional Use in the multi-tenant building at 508 Freeport Avenue. The school would be staffed by 7-8 employees with 55 students ranging in age from 33 months to 5 years old. Mr. Leeseberg reviewed the hours of operation and parking. Staff feels that given the proposed scheduling of arrivals/departures, parking should be adequate. Planning Commission Minutes March 25, 2003 Page 2 e Vice-Chair Anderson opened the public hearing. Commissioner Franz asked for clarification on the arrival! departure intervals. Lisa Kraljik, representing the applicant, explained that there would be no more than 8 students arriving or departing at a time, in 15-20 minute intervals. Commissioner Anderson asked how the play area would be fenced. Lisa Shields-Ergen, applicant, stated that she will be following the State of Minnesota recommendations. Commissioner Offerman asked how the children would be supervised going to and from the play area. Ms. Shields- Ergen explained that there are two gates to access the play area, and that there will be a 10-1 ratio of children to adults supervising the children. There being no further business, Vice-Chair Anderson closed the public hearing. Commissioner Franz asked if there were any other schools of this type in a commercial area. Mr. Leeseberg stated that the New Horizon daycare/ school is located east of Highway 169 and south of 193rd Avenue in the commercial area near the Time Out Restaurant. He stated that this request is to amend the PUD and that a conditional use pennit for the schoolwill be presented to the Commission at a later date. Commissioner Anderson stated his support for the request, noting that the Elk River Plaza PUD site has less traffic than the New Horizon site. e Commissioner Jenson expressed concern regarding congestion in the parking lot. He stated that employees of the existing businesses do not park in designated parking areas. He did not have any issues with the PUD amendment, but felt that traffic issues need to be addressed as part of the conditional use pennit review. Commissioner Franz asked if staff received any complaints regarding traffic at the New Horizon location. Mr. Leeseberg stated that staff is not aware of any problems or concerns. Commissioner Franz stated that there is a Karate school in this location as well, where students are dropped off and picked up. He stated that if the traffic! safety concerns could be addressed, especially with the afternoon class session, he is not opposed to the request. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LISA SHIELDS-ERGEN FORAN AMENDMENT TO THE ELK RIVER PIAZA PUD AGREEMENT TO ALLOW A MONTESSORI SCHOOL AS A CONDITIONAL USE PERMIT, CASE NO. CU 03-04. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.2. Request by Russell and Ryan Kostreba for a Conditional Use Pennit. Public Hearing - Case No. CD 03-05 Staff report by Scott Harlicker. Russell and Ryan Kostreba request a conditional use pennit for a mini-storage facility on a 3.1-acre lot in the Cascade Industrial Park (159XX Jarvis Street). He explained that the applicant is proposing 9 buildings with a total of 312 units. No office or outdoor storage is proposed. Mr. Harlicker reviewed the building size, construction materials, access and parking, security, landscaping and signage. Staff recommends approval of the request with the 12 conditions listed in the staff report. e Planning Commission Minutes March 25, 2003 Page 3 e City Engineer T eny Maurer reviewed the recommendations in his memo regarding turning radius and the storm sewer. Commissioner Franz asked why Condition 12 regarding electrical service was included. Mr. Harlicker explained that this condition, as well as Conditions 10 and 11 are included to address health and safety issues associated with this type of operation. He noted that if electrical service were available, a tenant could possibly tty to operate a business out of the storage facility, or, use a heater which could pose a fire hazard. Mr. Harlicker noted that the conditions are consistent with the American Planning Association's standards, as well as all the cities that were surveyed. Vice-Chair Anderson opened the public hearing. Russell Kostreba, co-applicant, asked if the Commission would consider striking Condition 8 regarding storage of cars, trucks, etc. in order to allow tenants to store classic vehicles if the fluids were removed. The applicant explained that a tenant agreement would be required. The agreement would be provided for the Fire Chief's approval. Commissioner Franz stated that he would like to note, for the record, that industrial-zoned property is designed to attract businesses which provide jobs, and that a min-storage facility does not create jobs. There being no further public comment, Vice-Chair Anderson closed the public hearing. e Commissioner Anderson asked if the Police Department had any concerns regarding security and the proposed landscaping. Ms. McPherson stated that there were no concerns expressed by their representative during the site plan review. She noted that there were concerns regarding lighting and lack of fencing, but these issues have been addressed. Ms. McPherson explained that the type of trees selected will not restrict visibility or the level of surveillance needed. Commissioner Jenson asked if there would be a problem for emergency vehicles to get in and around the site, if a vehicle were parked by a storage unit. T eny Maurer stated that there should be adequate room to maneuver, but that if a vehicle were parked there, the owner should be nearby and could move the vehicle. Commissioner Anderson asked if tenants would be given keys to access the locked gate into the site. Russell Kostreba stated that each tenant will be assigned a code to access the gate electronically and the numbers would be stored in a computer when the gate was accessed. He noted that when a tenant terminates his/her rental, their code would be deleted. Commissioner Offerman asked for clarification on the location of the lighting. Mr. Kostreba explained the location of the lighting on the comers at the ends of the building and aisle lighting. Discussion followed regarding the hours of operation. Mr. Kostreba stated that the hours of operation would be 6 a.m. - 10:00 p.m. e Planning Commission Minutes March 25, 2003 Page 4 e COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY RUSSELL AND RYAN KOSTREBA FORA CONDITIONAL USE PERMIT FOR A MINI-STORAGE FACILITY, CASE NO. CU 03-05, WITH THE FOLLOWING CONDITIONS: e 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 2. ALL DRIVE AISLES BE SIGNED ONE-WAY. 3. THE PAK LIGHTING ON THE ENDS OF THE BUILDING SHALL NOT SHINE ONTO ADJACENT PROPERTIES. 4. THE LOCATION OF THE FREESTANDING SIGN SHALL BE SHOWN ON THE SITE PLAN. 5. BITUMINOUS CURB SHALL BE INCLUDED AROUND THE PAVED AREAS THAT DO NOT HAVE CONCRETE CURB/GUTTER. 6. A STREET LIGHT SHALL BE INSTALLED ALONG JARVIS STREET ON THE SOUTH SIDE OF THE ENTRANCE PER THE POLICE DEPARTMENT RECOMMENDATION. 7. PARKING SPACES FOR THE WALK UP UNITS SHALL BE SHOWN ON THE SITE PLAN. THEY SHALL BE LOCATED ADJACENT TO THE ENDS OF THE BUILDINGS. A MINIMUM OF TWO SPACES AT EACH END SHALL BE PROVIDED. 8. STORAGE OF CARS, TRUCKS, TRAILERS, BOATS, SNOWMOBILES OR OTHER VEHICLES WILL BE ALLOWED, PENDING APPROVAL OF THE TENANT LEASE AGREEMENT BY THE FIRE CHIEF. 9. NO OUTDOOR STORAGE IS ALLOWED. 10. STORAGE OF HAZARDOUS OR FLAMMABLE MATERIAL IS PROHIBITED. 11. NO ACTIVITIES SUCH AS AUCTIONS, SALES, REPAIR OR SERVICING OF GOODS, VEHICLES, EQUIPMENT OR MATERIALS SHALL BE CONDUCTED FROM THE SITE. 12. NO ELECTRICAL SERVICE SHALL BE PROVIDED FOR TENANTS. 13. HOURS OF OPERATION SHALL BE 6:00 A.M. -10:00 P.M. 14. "NO PARKING" SIGNS SHALL BE INSTALLED EXCEPT IN THE AREAS DESGNATED FOR THE WALK-UP UNITS. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.3. Request by James and Stephanie Zaczkowski for Preliminary Plat Approval for Kingdom Estates, Public Hearing - Case No. P 03-02 Staff report by Chris Leeseberg. James and Stephanie Zaczkowski are requesting preliminary plat approval for Kingdom Estates, a 7-lot subdivision on 77 acres in the Al, Agricultural Conservation District. Mr. Leeseberg noted that two of lots contain existing homes. Mr. Leeseberg reviewed the existing site conditions and access. He noted that based on the fact that there is lack of information, staff recommends that the Planning Commission open the public hearing and receive testimony from those present and continue the public hearing to the April 22, 2003 meeting. Vice-Chair Anderson opened the public hearing. e Jim Brown, Dynamics Design & Land Co., representing the property owners, explained that the delay in providing information to staff is due to the following: After Planning Commission Minutes March 25, 2003 Page 5 e meeting with representatives of Sherburne Connty Highway Department, family members of the applicants have added their 10 acres to the east to the plat. By doing this, they are able to eliminate two accesses and have only one. This access will service the new lots as well as the two existing homes. He noted that the wedand delineation is still being completed, and has not been reviewed by the Technical Evaluation Panel. Andrea Eggert, 20897 Quincy Street, asked where the access would be located. Mr. Leeseberg explained that the driveways for the two existing homes would be closed and a new access would be located between the two. Ms. Eggert asked how the City decides when there is enough development to warrant bringing in city sewer and water. City Engineer T eny Maurer stated that it would not be physically possible to bring sewer and water to this area, since the existing system does not have the capacity to handle this area. Chris noted that the existing zoning only allows 4 lots per 40 acres. Dennis T oth, property owner to the west, expressed concern that drainage would go onto his property. He also questioned whether or not the road would be gated or fenced next to his property. T eny Maurer stated that he could go over the plans with Mr. T oth when he has had a chance to review them. COMMISSIONER JENSON MOVED TO CONTINUE THE PUBLIC HEARING FOR THE REQUEST BY JAMES AND STEPHANIE ZACZKOWSKI FOR PRELIMINARY PIAT APPROVAL OF KINGOOM ESTATES, CASE NO. P 03- 02, TO THE APRIL 22, 2003 PlANNING COMMISSION MEETING. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. e 5.3. Request by John Oliver and Associates for a Registered Land Survey for Lot 8. Block 2 Fox Haven Staff report by Director of Planning Michele McPherson. The applicant requests approval of a Registered Land Survey for Lot 8, Block 2 of Fox Haven in order to provide correction to a lot line and tide to property. Staff recommends approval of the request as presented. T eny Maurer noted that he would like to withdraw the comment in his letter regarding easements, since the property owner has agreed to grant an additional 10 feet of easement. Vice-Chair Anderson opened the public hearing. Lynn Caswell, representing the applicant, stated that if the property was not Torrens, a simple lot line adjustment could have been done. There being no further public comment, Vice-Chair Anderson closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REGISTERED lAND SURVEY FOR LOT 8 BLOCK 2 OF FOX HAVEN, CASE NO. P 03-01. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. Request by the City of Elk River to Rezone Certain Property from R1e. Single Family Residential to R1c. Single Family Residential. Public Hearing - Case No. ZC 03-02 e Planning Commission Minutes March 25, 2003 Page 6 e Staff report by Michele McPherson. The City of Elk River requests rezoning of certain properties in the City from R1e to R1c in order to provide consistency between the Zoning Map and City Code. Ms. McPherson explained that during the recodification process, the Planning Commission discussed combining one or two of the single family zoning districts. As a result, the R1e district standards were removed from the Zoning Gode. Vice-Chair Anderson opened the public. There being no public comm~nt, Vice-Chair Anderson closed the public hearing. Commissioner Franz stated that he was uncomfortable removing the R~e District, since it was his understanding that the district was created to preserve trees and wetlands. He stated that he would like to know the history for establishing the R1e zoning. Commissioner Anderson stated that he felt is was important for the Planning Commission and the Task Force to look at this issue. He stated that he would like more background information. Ms. McPherson stated that the issue could be discussed at the next workshop session. Commission Anderson stated that he supported staff's desire 110 bring the zoning into compliance with the land use map. . Commissioner Jenson stated that he also would like to know the history of the R1e zoning district. He stated that he would like to see the R1e zoning district remllin on the map, and felt that there was a specific reason the zoning was created. Commissioner Anderson stated that he felt there are areas where 20,000 square foot lots are appropriate in the City. e COMMISSIONER JENSON MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER TO REZONE CERTAIN PROPERTIES FROM RIE SINGLE FAMILY RESIDENTIAL, TO RIC SINGLE FAMILYiRESIDENTIAL, CASE NO. ZC 03-02. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Other Business 6.1. Update on March 17.2003 City Council Meeting Commissioner Lemke provided an update on the March 17, 2003 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER JENSON MOVED TO ADJOURN THE MEETING. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 8:00 p.m. Respectfully submitted, IJ~~ e Debbie Huebner Recording Secretary