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09-28-2004 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 28, 2004 Members Present: Chair Ropp, Commissioners Anderson, Lemke, Offerman, and Stevens Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Debbie Huebner, Recording Secretary Conncil Present: Conncilmember Motin, Conncil Liaison to the Planning Commission 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.rn. by Chair Ropp. 2. Consider 9/28/04 Planning Commission Agenda MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE SEPTEMBER 28,2004 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3. Consider 8/24/04 Planning Commission Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE AUGUST 24, 2004 MINUTES WITH THE FOLLOWING CORRECTION: ITEM 5.7. - CHANGE TO - MOTION CARRIED 5-1. COMMISSIONER STEVENS OPPOSED. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend October 18. 2004 City Conncil Meeting Commissioner Ropp will attend the October 18, 2004 City Connci1 meeting. 5.1. Request by 10-24 Developers for Preliminary Plat Approval (Windsor Meadows). Public Hearing - Case No. P 04-18 The staff report for this request was presented by Planner Chris Leeseberg. 10-24 Developers request preliminary plat approval for Windsor Meadows, a 33-lot single family cluster development on 64 acres located west of Windsor Park and south of Windsor Park 3rd Addition. Mr. Leeseberg reviewed the density bonuses requested by the applicant, street connections, landscaping, and park dedication recommendation. Staff recommends approval of the plat with the 18 conditions recommended in the report to the Commission dated September 28, 2004. Chair Ropp opened the public hearing. . . . Planning Commission Minutes September 28, 2004 Page 2 Sheila Dokken, 13563 212th Avenue NW, Windsor Park resident - Expressed concern regarding construction traffic. Director of Planning Michele McPherson stated that Gty Engineer T eny Maurer has recommended that only one of the cul-de-sacs be removed for a specified time period during the construction, and then the second could be opened. Ms. Dokken stated that she still has concerns regarding the traffic through the development and stated that she felt some type of traffic control is necessary. Ms. Dokken asked if the homes in the proposed development would be subject to any type of minimum standards. Mr. Leeseberg stated that the developer has opted not to pursue the architectural theme density bonus. Pam Erickson, 13523 212th Avenue NW - asked when the road connection to the south would be made. Mr. Leeseberg stated that it would depend on when and if the property owners to the south decided to develop the site. Ms. Erickson expressed concern that there is no bypass on County Road 1 for the turn into Windsor Park, as was built for Meadowwoods Village. Ron Dragsten, 10-24 Developers - stated that they will provide the landscaping required by the ordinance, and that they had no objection to holding off on opening up the second cul-de-sac until such time that the Gty deems appropriate. Mr. Dragsten explained that they decided not to pursue the density bonus for an architectural theme, since they were unclear as to what the Commission wanted. There being no further public comment, Chair Ropp closed the public hearing. Chair Ropp stated that he was in favor of adding a condition to address the opening of the second cul-de-sac to reduce the construction traffic impacts on the Windsor Park neighborhood. Commissioner Anderson asked if it would be better to specify opening the cul-de-sac after the infrastructure was in place, or when the final lift of blacktop is complete. Ms. McPherson stated that waiting until the final lift of blacktop is complete would be a longer time period, since this usually is not done until home construction is essentially completed. Commissioner Offerman suggested that the requirement be contingent upon a specified percentage of homes constructed. Chair Ropp asked if basing the condition on completion of the community septic system would be appropriate. Ms. McPherson explained that building permits are not allowed until the system is mostly completed. Commissioner Lemke stated that Windsor Park 3rd could end up being substantially built out, and having the Windsor Park cul-de-sac closed would force construction traffic through a longer road and impacting more homes. Commissioner Stevens stated that he was in favor of the project as proposed and would support opening up the cul-de-sac into Windsor Park after the final lift of blacktop. Commissioner Anderson agreed with Commissioner Stevens. Commissioner Lemke asked if it was possible to place the second lift shortly after the first. Ms. McPherson stated that it was possible, but that it was highly unlikely. She suggested the . . . Planning Commission Minutes September 28, 2004 Page 3 condition could based on the first lift being placed; when 50 percent of the homes were complete, or as approved by the City Council. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY 10-24 DEVELOPERS FOR PRELIMINARY PlAT APPROVAL OF WINDSOR MEADOWS, CASE NO. P 04-18, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PlAT APPROVAL AND INSTALlATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PlAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNER'S ASSOCIATION DOCUMENT IS PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PlAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. 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. 7. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PlAT BE PAID PRIOR TO RELEASING THE PlAT FOR RECORDING. 8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PlAT FOR RECORDING. 9. A GRADING AND EROSION CONTROL PIAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PIAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL MAILBOXES BE CLUSTERED. 13. ANY TREES OFF 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. 14. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 15. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 16. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PlAT. 17. A REVISED lANDSCAPE PIAN SHALL BE PROVIDED THAT COMPLIES WITH THE lANDSCAPE ORDINANCE. . . . Planning Commission Minutes September 28, 2004 Page 4 18. ANY ITEMS OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHROIZED TO CONTINUE BY THE CITY. 19. THE 212m AVENUE CUL-DE-SAC SHALL REMAIN CLOSED UNTIL THE FINAL LIFT OF BlACKTOP IS COMPLETE AND/OR FIFTY PERCENT OF THE HOME CONSTRUCTION IS COMPLETED. MOTION CARRIED 5-0. 5.2. Request by Guardian Angels for Conditional Use Permit for Parking Lot Expansion. Public Hearing - Case No. CD 04-26 Planner Chris Leeseberg stated that Guardian Angels requests an expansion to their parking lot on the south end of their site, in order to provide more visitor parking in their existing lot closest to the main building at 400 Evans Avenue. Mr. Leeseberg explained that this parking area will be connected to the adjacent Fairview clinic parking lot. Cross parking and access easements between the two sites will need to be recorded. Staff recommends approval of the request with the four conditions listed in the staff report. Chair Ropp stated that there is a nice stand of trees in this area and asked if they would be removed. Chair Ropp opened the public hearing. Mark Pederson, representing Guardian Angels - Stated that this plan would require the removal of four trees. He stated that if they were allowed to move the parking lot closer to the street, the trees could be preserved. He stated that the trees are healthy and have no signs of Oak Wilt. Also, he stated that the parking lot would then line up with the Fairview Clinic lot. Chair Ropp asked why the parking lot is being located so far from the building. Mr. Pederson stated that employees that currently park in the street would park in this lot. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Offerman stated that he would be in favor of moving the parking lot in order to save the trees. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS FORA CONDITIONAL USE PERMIT FOR EXPANSION OF A PARKING LOT, CASE NO. CU 04-26, WITH THE FOLLOWING CONDITIONS: 1. IF FUTURE EXPANSION OF PARKING IS DESIRED, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. NEW PARKING AREAS SHALL HAVE CONCRETE CURB AND GUTTER. . . . Planning Commission Minutes September 28, 2004 Page 5 3. ANY ITEM OR CONDITION FOUND TIIAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 4. CROSS PARKING AND ACCESS EASEMENTS SHALL BE RECORDED AGAINST BOTH PARCELS. (GUARDIAN ANGELS AND FAIRVIEW CLINIC). MOTION CARRIED 5-0. 5.3. Request by Dean Bitner for Conditional Use Permit for Home Occupation. Public Hearing - Case No. CO 04-24 Senior Planner Scott Harlicker explained that Mr. Bitner is requesting a conditional use permit to operate a septic system installation business as a home occupation at 10337 Twin Lakes Road. He explained that a conditional use permit is required because of outdoor storage and use of a vehicle over 26,000 pounds. Mr. Harlicker reviewed the site, location of adjacent residences, and location of the existing 30' x 50' storage building. He reviewed the scope of the business, equipment used, and materials stored on site. Staff recommends approval of the request with the one condition listed in the report to the Commission dated September 28,2004. Commissioner Offerman asked what prompted the request. Mr. Harlicker stated that the Gty received a complaint regarding operation of the business. Discussion followed regarding the number and type of vehicles, and number of employees. Mr. Harlicker stated he would check the ordinance for clarification of the number of employees allowed if work was conducted off site. Chair Ropp opened the public hearing. Linda Kunza, 10313 Twin lakes Road - Her concerns related to the type of business Mr. Bitner was operating and the equipment and materials used. She stated that she and her husband are responsible for maintaining the shared driveway and that they recently had it paved. She stated that the driveway is small and was concerned that the heavy vehicles would damage it. Ms. Kunza stated that Mr. Bitner has three backhoes and a dump truck, and that pipe is delivered to the site. Dean Bitner, applicant - Stated that he may possibly have one employee other than himself. He stated that the dump truck is seldom used and that he drives a 3,4 ton pickup truck with trailer. He stated that he generally only makes two trips a day to and from the site; usually leaving between 6 - 7 a.m. and the latest he comes home is between 9 and 10 p.m. He stated that the garbage truck weighs more than the dump truck and comes once a week, which is less than he uses the dump truck. He stated that he has lived there for four years. Mr. Bitner explained that he does have some outdoor storage and that he was willing to screen or fence it. Commissioner Stevens asked how the pipe is delivered. Mr. Bitner stated that he usually has a delivery once every two weeks and that it is usually delivered by a single axel truck. . . . Planning Commission Minutes September 28, 2004 Page 6 Commissioner Offerman asked if pea gravel is stored on site. Mr. Bitner stated no. He stated that he does have some dirt in a pile but that he has an area he can use it to fill, if needed. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Anderson stated that given the size of the operation, he did not feel there were a significant number of issues. He stated that if the business were to grow and more equipment was acquired, they may need to look at it further. As it stands, he had no objections. Chair Ropp asked if it would be possible to limit the number of employees. Ms. McPherson stated that the Commission has applied that condition in the past. Also, acquisition of more equipment could be used to trigger reconsideration of the conditional use permit. Mr. Harlicker stated that the ordinance stated that there were no restrictions on the number of employees, if the work was done off site. Commissioner Offerman suggested that the number of employees be limited on site, and the number of oversize vehicles be limited. Chair Ropp stated that he would favor limiting the number of vehicles. Commissioner Lemke asked if the hours of a business were limited in a previous request for a semi tractor/trailer. Ms. McPherson stated that the hours were not limited, but that the route of the truck to the home was restricted to reduce the impact on neighbors. Commissioner Offerman asked if the semi trailer on site was licensed. Mr. Bitner stated no, and that he only intends to use it for storage. Mr. Bitner stated that he does share in the maintenance of the road by plowing it in the winter. He stated that the Kunaz's had a good base installed before paving the driveway and that it should be able to withstand truck traffic. He again noted that he uses a 3A ton pickup truck and trailer for his daily work and does not use the dump truck very often. Commissioner Offerman suggested that the number of heavy vehicles be limited to two. Commissioner Anderson stated that he was concerned about the additional heavy vehicle traffic entering onto County Road 13, if the business grew. Ms. McPherson suggested that the applicant submit a list the vehicles he has currently, and if he wishes to add more large vehicles, the CUP would need to be reviewed. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY DEAN BITNER FORA CONDITIONAL USE PERMIT TO ALLOW A HOME OCCUPATION, CASE NO. CU 04-24, WITH THE FOllOWING CONDITIONS: 1. THE OUTDOOR STORAGE BE LOCATED BEHIND THE EXISTING STORAGE BUILDING AND 6 EVERGREEN TREES WITH A MINIMUM HEIGHT OF 6-8 FEET BE PLANTED FOR SCREENING. 2. THE APPLICANT SHALL PROVIDE A LIST OF OVERSIZE VEHICLES/HEAVY EQUIPMENT CURRENTLY USED FOR . . . Planning Commission Minutes September 28, 2004 Page 7 OPERATION OF HIS BUSINESS, AND THAT AN INCREASE IN THIS NUMBER WILL REQUIRE REVIEW OF THE CONDITIONAL USE PERMIT. MOTION CARRIED 4-1. Commissioner Stevens opposed. 5.4. Request by Riverside Properties of Elk River, LLC for Land Use Map Amendment to Change Land Use from CB (Central Business) to MR (Medium Density Residential), Case No. LU 04-03 5.5. Request by Riverside Properties of Elk River, LLC for Rezoning from C2 (Office District) to R3 (Townhouse/Multi-Family), Case No. ZC 04-07 5.6. Request by Riverside Properties of Elk River, LLC for Preliminary- Plat Approval (Jackson Street Villas), Public Hearing, Case No. P 04-19 Mr. Harlicker provided a brief overview of the request by Riverside Properties for a land use, rezoning, and preliminary- plat for a 76-unit townhouse development (Jackson Street Villas). He stated that the application is being revised, but that the applicant has asked that the Commissioner consider the plans as a discussion item. A public hearing will be held at the October 26th meeting. Mark Olson, Mark Five Construction, general contractor for the project - Stated that the units will sell for just under $190,000. He stated they are proposing five 6-unit buildings, two 5-unit buildings, and nine 4-unit buildings. He stated that the largest units will be approximately 1,600 square feet. He stated that they will be requesting a POO for the project. Mr. Olson noted that they propose to plant 80 - 100 trees of different types on the Lions Park side of the project. Commissioner Anderson asked where the private road to the north will go. Mr. Harlicker stated that the property to the north is owned by Alliance Church and they propose to build a new school on that site. He explained that this development will share the drive with the school in the future. Commissioner Anderson asked if there will be a homeowners association to take care of the maintenance and snowplowing of the private streets. Mr. Olson stated yes. Commissioner Stevens stated that he would support the PUD zoning and that he felt this was an appropriate site for the density being proposed. Commissioner Offerman concurred. Commissioner Anderson asked if architectural drawings were available. Mr. Olson distributed a drawing to the Commission. He noted that drawings will be provided to the Commission at the October meeting. Commissioner Anderson asked if the driveways for this development and the school would be lined up. Ms. McPherson stated it could be possible for a portion of the street to be made public, and that it would be designed to handle the traffic generated by the 76 townhome units, and buses and deliveries for the school. Mr. Olson stated that he would speak with the pastor at Alliance regarding thepshared drive. Councilmember Motin stated that he has been opposed to more townhomes in the Gty, but that he feels this is an appropriate site for them in close proximity to shopping and services. He stated that the townhomes should be built to at least the equivalent of the R3 townhome design standards. . . . Planning Commission Minutes September 28, 2004 Page 8 Commissioner Anderson asked how the applicant proposed to keep vehicles from driving into Lions Park off the private drives. Mr. Olson stated that some type of landscaped barrier could be added in this area to identify the end of the drive. 5.7. Request by MetroPlains for Preliminary Plat Approval aackson Block), Public Hearing - Case No. P 04-19 Director of Planning Michele McPherson reviewed the request by MetroPlains to replat the City-owned Jackson Block for a redevelopment project known as Jackson Block located at the southeast comer of Highway 10 and Jackson Avenue. She explained that the applicant is proposing a mixed-use building that will include rental apartments above first floor commercial. Underground parking will be provided for the building tenants. Ms. McPherson noted that staff will be responsible for reviewing the design of the structure for consistency with the newly adopted downtown design standards. She discussed transportation and parking issues that need to be resolved. Chair Ropp asked if the right turn lane from Main Street to northbound J ackson Avenue is needed. Ms. McPherson stated that there currently are parking spaces in this location, and that this area is currently used for making right turns if there are no vehicles parked there. Commisioner Stevens asked if the underground parking is open to the public. Ms. McPherson stated no, and indicated areas where public parking would be available. Commissioner Anderson asked why the Planning Commission would not be reviewing the building design. Ms. McPherson stated that the ordinance provides for administrative review of the project if it meets the Downtown District design standards. If it does not, the proposal will be brought to the Planning Commission. Commissioner Anderson stated that the traffic is horrific on Main Street to Parrish Avenue. He stated he did not see how parking could be allowed on the north side of Main Street and was concerned about the impact of this project on the Bank of Elk River. He stated that an underpass or overpass is needed to relieve the traffic problem in the downtown. He felt that the underground parking will add to the need for additional road width on the north side of Main Street. Commissioner Anderson stated his concern that the zero setbacks will interfere with site lines. Councilmember Motin asked why the preliminary plat was being reviewed before the Development Agreement was signed by the HRA and City Council. Ms. McPherson stated that the plat does not have to be reviewed by the City Council until after the Agreement is signed. Councilmember Motin suggested that there be a right turn only from the underground parking for exiting onto Main Street. Commissioner Offerman stated that the largest concern is parking for shoppers. He felt that the traffic would be no worse, since the tenants would be using the parking for longer times and there would be less trips. Commissioner Stevens stated that he did not feel there would be much change in the traffic problems already in the downtown. He stated he was glad to see that the parking issues will be addressed in the Development Agreement. . . . Planning Commission Minutes September 28, 2004 Page 9 Chair Ropp stated that he supported the plans to expand the parking behind Kemper Drug. He asked if the Commission needs to address the issue of the right turn lanes. Ms. McPherson stated that the City Council would appreciate their input. Chair Ropp opened the public hearing. Clifford Lundberg, representing the River's Edge Downtown Committee, and the Heritage Preservation Commission - Stated that the downtown merchants are concerned about the parking. He stated that there may not be a net loss of parking spaces, but that there will be a net loss of convenience to the merchants, especially east of Jackson. He stated that the businesses that the new development will bring will create a need for more parking. Mr. Lundberg stated that the subject property was a public park with a bandshell at one time, and is used for celebrations such as the downtown art fair. Mr. Lundberg stated that he felt there is a significant issue with vacating a public space for private use. He felt that is was premature to consider a plat at this time, since there is a question of ownership of the property. He stated that when public property is vacated, it usually is distributed to the adjoining property owners. Keith Holme, owner of Kemper Drug - Stated that the issue of parking needs to be resolved. He stated that the number of apartment units and commercial tenants would need more than one space per tenant. He stated that it would not be practical for customers to park in the lot behind Kempers or Old Main and walk through these businesses, in order to access the new building. He stated that currendy there is no space to park downtown during the lunch hours. Vern Hanson, representing MetroPlains - Stated he was present to answer any questions the Commission may have. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Stevens asked if the parking lot north of Highway 10 along the railroad tracks was open to the public. Ms. McPherson stated yes. She explained that these parking spaces are available for employees to park, but that when staff did a study of the parking, they were told that employees are concerned about the safety of crossing Highway 10. She explained that pedestrian countdown timers will be implemented to provide some comfort level in crossing the highway, but that the discomfort level only increases in the winter when pedestrians would then have to contend with snow and ice. Commissioner Lemke asked for clarification on the existing property line. Ms. McPherson explained that the existing property lines are not well-defined. She stated that there is an issue of clear tide that the City Attorney could explain, if the Commission desired. Commissioner Lemke asked if implementing 3-hour parking would help. Ms. McPherson explained that Economic Development Director Catherine Mehelich will be organizing a citizen task force to work on the downtown parking issues, including enforcement. Commissioner Lemke stated that he felt it is the intent of the City for traffic to access the downtown, and it was not a place to zoom through. Chair Ropp stated that he questioned whether or not is was necessary for the Commission to have the information regarding tide to the property, since they do not require it for other plats. He stated that the ownership and traffic issues were not part of the plat itself. . . . Planning Commission Minutes September 28, 2004 Page 10 Commissioner Stevens suggested a condition be added that information be provided to the Gty Council regarding tide. He asked what the status was of the boulevard trees in the downtown. Ms. McPherson stated that trees were replaced with ones that were of a more appropriate scale for the downtown. She noted that the downtown association takes care of maintenance and provides lighting during the holidays. Commissioner Anderson stated that he felt the redevelopment of the downtown was being done "piece meal", with a building here and a building there. Ms. McPherson reviewed the history of the process for the current Downtown Revitalization Project. Commissioner Anderson stated that he felt the parking, traffic, and question of legal ownership should be addressed as part of the plat process, and that he would not support the request until those issues have been resolved. Commissioner Offerman concurred that they do not have enough information at this time and that he was unsure of the Planning Commission's role. He asked if the Commission would have any further review of the project. Ms. McPherson stated that if the proposed building plans do not meet the Downtown District design standards, the plans will come before the Planning Commission for review. Chair Ropp re-opened the public hearing at this time. Clifford Lundberg - Stated that the Commission members should ask themselves it they feel it is appropriate to proceed with the plat at this time. Tom Lucas, 17115 Yale Street - concurred with Mr. Lundberg, He stated that that there was no way there would be enough parking in the downtown. Chair Ropp closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER STEVENS TO APPROVE THE REQUEST BY METROPIAINS FOR PRELIMINARY PIAT APPROVAL OF THE JACKSON BLOCKPIAT, CASE NO. P 04-19, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PIAT APPROVAL PRIOR TO RELEASING THE PIAT FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PIAT PRIOR TO RELEASING THE PIAT FOR RECORDING. 3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PIAT FOR RECORDING. 4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 5. 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, . . . Planning Commission Minutes September 28, 2004 Page 11 OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT THE FENCING PRIOR TO GRADING COMMENCING. 6. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUlHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUlHORIZED. 7. CASH SHALL BE PAID FOR PARK DEDICATION. Conncilmember Motin stated that the purpose of platting is to create a legal description for the property. He stated that the property has not yet been transferred to MetroPlains. He stated that there is that possibility that the project with MetroPlains may not go thru, but that the property still needs to be platted. He noted that the design standards are in place to ensure that building will fit the downtown. MOTION CARRIED 4-1. Commissioner Anderson opposed. 5.8. Request by MetroPlains for Preliminary Plat Approval (Bluff Block), Public Hearing - Case No. P 04-20 Director of Planning Michele McPherson reviewed the request by MetroPlains to replat the parcels containing Nadeau's Dry Cleaning, U.S. Bank, and the ECM building, in order to construct a mixed-use building as part of the Downtown Revitalization Project. Ms. McPherson noted that the Parks and Recreation Commission is still considering park dedication for this development. Staff recommends approval of the request with the six conditions listed in the staff report to the Planning Commission dated September 28, 2004. Commissioner Offerman asked why the City owns the triangular-shaped piece of land by Nadeau's. Ms. McPherson stated that the City acquired the piece from MN/DOT which was left from Highway 10 right-of-way. Commissioner Offerman asked if MetroPlains has a purchase agreement with Nadeau. Ms. McPherson stated that Mr. Nadeau has not signed a purchase agreement yet, but he has agreed to platting the property. Commissioner Stevens asked if Outlot A was usable for park/trail purposes and asked if it would be best for the City to accept cash dedication. Ms. McPherson stated that the Parks and Recreation Commission originally recommended cash, but that the developer has since indicated a desire to dedicate Outlot A in lieu of cash. The question of the value of Outlot A will be considered at the next Parks & Recreation Commission meeting. Commissioner Stevens asked for clarification on the right-turn lane concept onto Parrish Avenue in front of Nadeau's Dry Cleaning. Ms. McPherson explained the history of traffic movements in this location and the reconfiguration of the site. She noted that motorists no longer can utilize the parking spaces in the street in front of Nadeau's as a right-turn lane onto Parrish Avenue. She stated that the developer has expressed a concern that if a right- turn lane were constructed, approximately 7-8 parking spaces would be lost. Commissioner Stevens stated that he supported leaving the new configuration as it is, and felt it would be detrimental to the downtown to remove the parking. . . . Planning Commission Minutes September 28, 2004 Page 12 Commissioner Anderson asked where the access was located for the underground parking. Ms. McPherson explained that the access will be from a shared service road located between the Haberdashery and the proposed plat. Chair Ropp opened the public hearing. Parks and Recreation Commissioner Dawn Polston-Hork - stated that there is a question whether or not the Gty already has an easement or ownership of a portion of Outlot A. Ms. McPherson explained where the Wild & Scenic River boundary is located and that the Gty has some ownership in this location. She stated that staff is evaluating where to best locate a river walk with minimal impact on the river bluff. She stated that if the developer retains ownership of Outlot A, the Gty could ask for an easement, but if the Gty were to accept the Outlot as park dedication, an easement would not be necessary. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Anderson asked if there was an issue with the sewer line running behind the businesses south of Main Street. Ms. McPherson explained the history of the sewer line, and noted that if the services failed for the businesses that are still hooked up to this old line, they would be able to connect to the line on Main Street. Commissioner Lemke expressed his support for the plat. Commissioner Offerman concurred and noted that he felt the right turn lanes discussed should be left as is. Chair Ropp concurred. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY METROPLAINS FOR PRELIMINARY PLAT APPROVAL OF THE BLUFF BLOCK, CASE NO. P 04-20, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. SURFACEWATERMANAGEMENTFEEBEPAIDINTHEAMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 5. 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 THE FENCING PRIOR TO GRADING COMMENCING. . . . Planning Commission Minutes September 28, 2004 Page 13 6. ANY ITEM OR CONDITION FOUND lHAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUlHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUlHORIZED. MOTION CARRIED 4-1. Commissioner Anderson opposed. 5.9. Request by Kinghorn Construction for Conditional Use Permit to construct NAPA Auto Facility - Mississippi Ridge, Public Hearing - Case No. CU 04-25 Planner Chris Leeseberg noted that a supplemental staff report has been distributed to the Commission regarding the request by Kinghorn Construction to build a 7,200 square foot NAPA Auto facility in Mississippi Ridge. Mr. Leeseberg reviewed the building elevations and materials, noting that a sill block or ledge would provide visual interest at the pedestrian scale. He then reviewed access, parking, and circulation issues and landscaping. Staff recommends approval of the request with the four conditions listed in the staff report. Councilmember Motin suggested that a condition be added to prohibit on-site repairs. Chair Ropp opened the public hearing. Patricia Peterson, 17123 Yale Street NW - Concurred that auto repairs should not be allowed on the site. She objected to the blue band around the building, and was concerned that the lighting would impact townhome residents. She stated that the parts runners from the existing NAPA store often speed to and from the site. She was opposed to the project. Thomas Lucas, 17115 Yale Street NW - Stated he also had concerns for the traffic on Yale Street. He asked what the hours of operation would be and when deliveries would be made. He asked if it would be possible to place a landscaped berm to screen the building from the townhome residences. Mr. Lucas also asked how the new building would compare in size to the existing building. Grady Kinghorn, applicant - Stated that it was his understanding that the hours of operation and deliveries would remain the same. He stated that the new building would be approximately 100 square foot larger than the existing building. Lynda Bartel, 17131 Yale Street NW - Requested that pine trees be planted instead of the ones shown on the plan. She also supported a berm. Ms. Bartel noted that the developer, Scott Powell, told the residents when the purchased their townhomes, that he would be locating his business office to this site. There being no further public comment, Chair Ropp closed the public hearing. Chair Ropp asked what the actual hours of operation would be. Mr. Kinghorn stated that he was not sure of the evening hours, but that the business would be open seven days a week Commissioner Offerman agreed that the architectural features of the building meets the architectural standards but does not go beyond, and that a ledge or sill was needed to break it up. He stated that the lighting should be directed on site with no glare off-site for the neighboring residential properties. He recommended approval of the request. . . . Planning Commission Minutes September 28, 2004 Page 14 Commissioner Stevens concurred that it meets the architectural standards, but more imagination is needed on the building elevations. Chair Ropp recommended that the comments be taken into account regarding the use of evergreens, rather than all deciduous trees, and that a berm be considered, as well. Ms. McPherson noted that the landscape plan could be revised to reflect the residents' concerns. Commissioner Lemke suggested that a condition be added to require all delivery vehicles to access Highway 10 at 171st Avenue. Commissioner Stevens stated that he felt the issue was not where the couriers drove, but rather, how they drove. Commissioner Anderson stated that it would be difficult to implement such a condition, and that the issue was more of traffic enforcement. Mr. Grady noted that the lighting would be a shoebox type lighting which would only shine downward. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY KINGHORN CONSTRUCTION FORA CONDITIONAL USE PERMIT FOR NAPA AUf 0, CASE NO. CU 04-25, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. IF THERE IS TO BE AN EXPANSION OF THE EITHER THE BUILDING OR THE PARKING LOT, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THE ENTRANCE NEEDS TO BE CLEARLY DEFINED AND VISIBLE AS INDICATED IN THE MISSISSIPPI RIDGE PUD DEVELOPMENT STANDARDS. 4. ARCHITECTURAL FEATURES & PATTERNS THAT PROVIDE VISUAL INTEREST AT A PEDESTRIAN SCALE SHALL BE INCORPORATED AS INDICATED IN THE MISSISSIPPI RIDGE PUD DEVELOPMENT STANDARDS. 5. NO VEHICLE REPAIR SHALL BE DONE ON-SITE. 6. THE LANDSCAPING SHALL BE RECONFIGURED TO ADDRESS THE TOWNHOME RESIDENTS' CONCERNS. MOTION CARRIED 5-0. 5.10. Request by Phoenix Enterprises. LLC for Conditional Use Permit to Construct Medical/Professional Building. Public Hearing - Case No. CD 04-2-7 Mr. Harlicker reviewed the request by Phoenix Enterprises to construct a 12,900 square foot office/medical building on Lot 2, Block 2, Hillside Crossing, on the vacant lot south of Coborn's grocery store. He reviewed access, parking and landscaping for the site. Staff recommends approval of the request with the four conditions listed in the staff report. Chair Ropp opened the public hearing. . . . Planning Commission Minutes September 28, 2004 Page 15 Daryl Thompson, representing the applicant - stated that a dental office will occupy approximately 4,000 - 6,000 square feet of the building, and another possible tenant is a law office, and the use of the balance of the building is unknown at this time. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Anderson asked where the additional required parking will occur. Mr. Thompson stated that they will have a cross access parking agreement with Coborn's. Commissioner Offerman stated that it appears to be a nice-looking building and that it would be a good use of the space. Chair Ropp concurred. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIOENR LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES, LLC FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN OFFICE/PROFESSIONAL BUILDING, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED 2. CROSS ACCESS AND PARKING EASEMENT ARE RECORDED BETWEEN THIS PROPERTY AND COBORNS 3. THE DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED OF THE SAME MATERIALS AS THE BUILDING. 4. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. MOTION CARRIED 5-0. 5.11. Request by City of Elk River for Ordinance Amendment to Land Use Regulations Section 30-796 to clarify fencing requirements for pools. Public Hearing - Case No. OA 04-03 Mr. Harlicker reviewed the existing and proposed ordinances to address fencing around below and above ground pools. Staff recommends approval of the proposed ordinance as explained by staff. Commissioner Stevens asked if the "balloon-type" pools are addressed in the ordinance. Mr. Harlicker stated they are not specifically addressed. The pool will need a fence or a lockable gate/ladder, if the pool requires a building permit. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE CHANGES TO THE CITY OF ELK RIVER'S ORDINANCE SECTION 30-796 REGARDING FENCING AROUND POOLS AS PROPOSED BY STAFF. Councilmember Motin suggested an amendment to require fencing at a minimum of 4 feet above grade, since pools can be built into a hill. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO AMEND THE MOTION TO INCLUDE THE . . . Planning Commission Minutes September 28, 2004 Page 16 LANGUAGE "A MINIMUM OF FOUR FEET OF ABOVE GRADE" FOR ABOVE GROUND POOLS. MOTION CARRIED 5-0. 6. Other Business 6.1. Update on September 20. 2004 City Council Meeting Commissioner Anderson provided an update On the September 20, 2004 City Council meeting. 6.2. Discuss Topics for October 11. 2004 Meeting with City Council Ms. McPherson stated that she has received comments from Chair Ropp regarding topics for the October 11th meeting with the City Council and asked if any of the other Commissioners had comments. Commissioner Stevens had two topics; 1) the letter he sent to the City Council regarding the need to more forward with the east-west transportation corridor issue, and 2) providing an industrial business incentive program such as Rogers and Big Lake have implemented to attract industrial clients to Elk River. Commissioner Offerman concurred with Commissioner Stevens' suggestions for topics to be discussed with the City Council. Commissioner Anderson also concurred. 8. Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO ADJOURN THE MEETING. MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 10:25 p.m. Respectfully submitted, lJ~~ Debbie Huebner Recording Secretary