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09-30-1997 PC MIN . . . &'~~@WE~ SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 30, 1997 Members Present: Chair Anderson. Commissioners Cote. Kuester. Minton. Sullivan and Thompson Members Absent: Commissioner Mesich Staff Present: Steven B. Ach. City Planner; Scott Harlicker. Assistant Planner; Debbie Kleckner. Recording Secretary Pursuant to due call and notice thereof. the meeting of the Elk River Planning Commission was called to order at 7:24 p.m. by Chair Anderson. COMMISSIONER THOMPSON MOVED TO APPROVE THE SEPTEMBER 30, 1997 PLANNING COMMISSION AGENDA. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISISONER MINTON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. CPDC REQUEST FOR ZONE CHANGE - POSTPONED TO 10/28/97 3.2. CPDC REQUEST FOR CONDITIONAL USE PERPMIT - POSTPONED TO 10/28/97 3.3. CPDC REQUEST FOR PRELlMINAR PLAT - POSTPONED TO 10/28/97 3.4. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR LAND USE AMENDMENT - POSTPONED TO 10/28/97 3.5. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR ZONE CHANGE POSTPONED TO 10/28/97 3.6. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR CONDITIONAL USE PERMIT - POSTPONED TO 10/28/97 3.7. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR PRELIMINARY PLAT - POSTPONED TO 10/28/97 CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO APPROVE THE 8/12/97 PLANNING COMMISSION MINUTES. COMMISSION KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Planning Commission Minutes September 30. 1997 Page 2 COMMISSIONER THOMPSON MOVED APPROVAL OF THE 8/26/97 PLANNING COMMISSION MINUTES WITH THE FOLLOWING AMENDMENT: PAGE 4 - PARAGRAPH 11, DELETE THE FOLLOWING - "AND THE TRAFFIC WHICH A BUSINESS PARK WOULD GENERATE". COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Cote will attend the October 20, 1997 City Council Meeting. Scott Harlicker, Planning Assistant. indicated Golden Eagle Motorsports is requesting a conditional use permit to locate a recreational vehicle repair facility at 16501 Highway 10. The building will be shared with the existing recycling center operated by Mr. Dick Hetland. Scott noted staff is currently working with Mr. Hetland on meeting the conditions that were included as part of the conditional use permit for the recycling station. Since Kober Excavating no longer shares the site, staff is reviewing the conditions for possible modification. Staff recommends approval of the request with the conditions outlined in the staff report. Chair Anderson and Commissioner Minton expressed support for the landscaping requirements proposed by staff. Chair Anderson opened the public hearing. Mike Schellenberg, 8560 South Pond Trail, Champlin, applicant, indicated he will be repairing golf carts, snowmobiles, personal craft and motorcycles. He noted all equipment will be stored inside the building overnight. There being no other comments from the public. Chair Anderson closed the public hearing. Commissioner Cote questioned whether or not the access to the site off 165th closest to Highway 10 could be eliminated and maintain the access to the north off 165th. Terry Maurer explained MN/DOT has indicated this intersection will eventually be signalized and it would be desirable to close the access Commissioner Cote was referring to at some point in the future. COMMISSIONER KUESTER MOVED THE PLANNING COMMISISON RECOMMEND APPROVAL OF THE REQUEST BY GOLDEN EAGLE MOTORSPORTS FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-25 BASED ON THE INFORMATION IN THE STAFF REPORT AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: . . . Planning Commission Minutes September 30, 1997 Page 3 1. THAT THE CONDITIONS INCLUDED AS PART OF THE APPROVAL FOR THE RECYCLING CENTER BE MET. 2. THE ACCESS FROM 165TH AVENUE CLOSEST TO THE HIGHWAY 10 INTERSECTION BE CLOSED AND LANDSCAPED. 3. A LANDSCAPE PLAN THAT FULFILLS THE REQUIREMENTS OF THE LANDSCAPE ORDINANCE BE SUBMITTED FOR STAFF REVIEW AND APPROVAL. 4. NO OUTDOOR STORAGE IS ALLOWED. 5. THE PARKING AND TRAVEL AREA BETWEEN THE BUILDING AND 165TH BE PAVED AND REPAIRED. A 10 FOOT LANDSCAPED SETBACK SHALL BE MAINTAINED ALONG THE RIGHT-OF WAY FOR 165TH AVENUE. 6. THE APPLICANT SHALL SUBMIT A SIGN APPLICATION FOR ANY PROPOSED WALL OR FREESTANDING SIGNS. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Ach, City Planner, indicated Culver's Restaurant is requesting a conditional use permit and site plan review to construct a Class II restaurant at Evans Street and the 195th Avenue alignment, in the Hillside Crossing Two Planned Unit Development. The property is currently being replatted into two commercial lots. Steve explained staff is recommending the drive-through lane be redesigned and extended to accommodate the stacking of five vehicles from the menu board without obstructing incoming traffic. Staff has some concern with having the parking stalls serving the Culvers Restaurant within the same drive aisle that will serve the future retail center on the adjacent lot. Extension of the sidewalk from the restaurant out to Evans Street is recommended to encourage pedestrian usage of the sidewalk. Terry Maurer reviewed recommendations as outlined in his report dated September 25th. Staff recommends approval of the conditional use permit with the conditions listed in the staff report. Staff discussed parking and access issues related to the site. Terry Maurer noted the access from Sax will provide a third alternative to the site. Chair Anderson opened the public hearing. Neil Vilter, Janesville, Wisconsin, representative of Culvers Restaurant, explained the ramp shown on their plans will be used to wheel a refuse container. Mr. Vilter distributed a proposal for the drive-through lane. The Planning Commission expressed concern regarding the stacking distance for the drive-through lane, access and drive aisles through the site. . . . Planning Commission Minutes September 30, 1997 Page 4 Mr. Vilter explained Culvers was not opposed to the 5 car stacking area but he felt extension of the curbing would create snow removal problems. Mr. Vilter indicated Culvers' reasons for the proposed location and elevation of the monument style sign. Steve Ach suggested a larger area be incorporated in the landscaping design for the sign and that the sign should not appear to be artificially elevated. There being no further public comment, Chair Anderson closed the public hearing. Terry Maurer, City Engineer, felt the curbing was needed to clearly define the drive-through aisle. Discussion followed regarding alternatives to define the traffic flow through the site. Tom Williams, architect for Culvers, referred to a study by Coca Cola which indicates people do not like to feel trapped in a drive-through. He felt curbing the length of the drive-through would not allow an "escape". The applicant explained the proposed location of directional signs. After further discussion of the entrance and drive-through, the consensus of the Planning Commissioners was to postpone action on Culver's request and call a special meeting for the October 14th workshop. COMMISSIONER SULLIVAN MOVED TO CALL A SPECIAL MEETING OF THE PLANNING COMMISSION ON OCTOBER 14, 1997, AT 6:30 P.M., AND TO POSTPONE THE REQUEST FOR CONDITIONAL USE PERMIT BY QUEST 2000, INC. DBA CULVER'S RESTAURANT, PUBLIC HEARING CASE NO. CU 97-22 TO THE SPECIAL MEETING OCTOBER 14TH. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Ach indicated Central Lutheran Church, 1103 School Street, is requesting a conditional use permit to construct an addition to their existing church facility, along with making various parking lot improvements. Steve noted the fire chief has suggested a fire hydrant be placed on the most northerly island in the west parking area. Staff recommends approval of Central Lutheran Church's request with the conditions in the staff report. Chair Anderson opened the public hearing. Steve Wallick, Vanman Companies, representing Central Lutheran, indicated he supported the curb and gutter along the east and south sides of the west lot, but did not feel the curb and gutter was necessary on the west. Mr. Wallick stated there are two hydrants near the site and did not feel the hydrant suggested by the Fire Chief was needed. In order to locate the fire hydrant in the most cost- effective manner, it would be necessary to remove some trees. Discussion followed regarding the curb and gutter recommendations by staff. . . . Planning Commission Minutes September 30. 1997 Page 5 Howard Dells, resident on County Road 33, questioned how many parking stall would be affected by the proposed fire hydrant. Terry indicated the parking would not be affected. Commissioner Cote questioned why raised islands are not being proposed for the southerly portion of the parking lot. Steve Ach indicated ideally staff would like to see raised islands, but he felt this connection between the church and park has limited usage. Steve felt the balance of the parking facility is clearly delineated. There being no further comments from the public, Chair Anderson closed the public hearing. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST FOR CONDITIONAL USE PERMIT BY CENTRAL LUTHERAN CHURCH, PUBLIC HEARING CASE NO. CU 97-23, BASED ON THE INFORMATION IN THE STAFF REPORT, WITH THE FOLLWING CONDITIONS: 1. CONTACT WITH ELK RIVER MUNICIPAL UTILITIES SHOULD BE MADE REGARDING THE RELOCATION OF THE TRANSFORMER PAD. 2. PARKING LOT IMPROVEMENTS INCLUDE EXTENDING CURB AND GUTTER THROUGHOUT THE REMAINING PORTIONS OF THE PARKING LOT WITH THE EXCEPTION OF THE WESTERN-MOST EDGE ADJACENT TO THE EXISTING PINE TREES. 3. ALL DISTURBED AREAS BE EITHER SEEDED OR SODDED. 4. FOUR COMPLETE SETS OF PLANS SHOULD BE SUBMITTED FOR APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED~-O. Steve Ach stated the City of Elk River has initiated a Comprehensive Plan Amendment to consider adjusting the urban service boundary in the eastern part of Elk River. This request was presented to the Planning Commission at the July 22nd meeting and was postponed for further review. Steve reviewed discussion that took place during the public hearing. Terry indicated in response to Commissioner Cote's question, including this area in the urban service district will have no affect on the assessments for the property already in the urban service district which is being considered for extension of city sewer and water. Terry felt the northeast area would be most suitable for development, and that extension of sanitary sewer would require a lift station. Steve indicated it may be possible for this area to be developed and exclude some of the residents not wishing to be served by city water and sewer. Chair Anderson opened the public hearing. . . . Planning Commission Minutes September 30, 1997 Page 6 Carl Schaap, 10596 181st Avenue NW, expressed the residents objection to inclusion in the urban service area. He requested their properties be exempted. Mr. Schaap noted Mr. Mitchell has also expressed his objection to him. Jim Deschenes, 10416 181st Avenue, expressed concern he would receive no benefit by hooking up to city water and sewer. He did not feel the property proposed to be included in the urban service boundary was suitable for development. Terry Maurer indicated the marsh and hills are considered an amenity to a developer. Steve Ach explained development of the area is dependent on the property owners. If they do not sell their property, the area will not develop and water and sewer will not be extended. Adding the area to the urban service district does not mean the residents will be assessed for urban services. Jerrry Rappalius, 10496 181st Avenue NW, felt this area be left out of the urban service district. Emma Holzem, 18925 Davis Street, expressed her concern for preserving farm land in the community and also her objection to being included in the urban service area. There being no further public comment, Chair Anderson closed the public hearing. The Planning Commissioners and staff discussed concerns of the residents. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR A COMPREHENSIVE PLAN AMENDMENT, PUBLIC HEARING CASE NO. OA 97-10, WITH THE FOLLOWING CONDITIONS: 1. UTILITIES SHALL NOT BE EXTENDED INTO THIS AREA ANY SOONER THAN 10 YEARS FROM THE DATE OF COUNCIL APPROVAL. 2. FUTURE CITY COUNCIL'S CONTINUE THE SAME POLICY FOR RELIEF FOR CURRENT RESIDENTS FROM POSSIBLE ASSESSMENTS ASSOCIATED WITH A UTILITY EXTENSION. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Ach. Beaudry Oil Co. and John Weicht & Associates have requested a conditional use permit to expand the existing gas station and convenience store at 335 Lowell Street. The applicant plans to convert all the interior space to convenience store space, add a canopy and make improvements to the front of the store. Ken Beaudry, applicant, indicated he has negotiated a parking agreement with the adjacent property owner (Cretex) to use one-half of their parking lot. . . . Planning Commission Minutes September 30, 1997 Page 7 Steve explained staff's suggestions for landscaping improvements for the site. MN/DOT has indicated landscaping within the Highway 10 right of way would be acceptable but would need to review the plans prior to approval. Steve noted two additional conditions to address the trash enclosure and handicap ramp. Chair Anderson opened the public hearing. John Weicht, 13330 Island View Driver, co-applicant, indicated MN/DOT is unsure whether they will allow them to disturb the blacktop area between the sidewalk and the curb. MN/DOT indicated they have no objection to placing landscaping and the curb between the sidewalk and the property. Mr. Weicht indicated there is no handicap ramp proposed and the plan merely demonstrates the site is accessible. Mr. Weicht felt the landscaping plan proposed by staff was acceptable and would not be affected by the underground storage tanks. He indicated the trash enclosure would be located on the backside of building next to the parking lot between Hardee's and the subject site. Mr. Weicht indicated the parking at Cretex will be the only parking for the site, other than at the gas pumps. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY BEAUDRY OIL CO./JOHN WEICHT & ASSOCIATES, PUBLIC HEARING CASE NO. CU 97-24, BASED ON THE INFORMATION IN THE STAFF REPORT, INCLUDING THE FOLLOWING CONDITIONS: 1. FOUR COMPLETE SETS OF PLANS BE SUBMITTED TO STAFF FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. CURB, GUTTER AND LANDSCAPE IMPROVEMENTS AS SUGGESTED BY STAFF BE INCORPROATED INTO ANY PLANS FOR SITE IMPROVEMENTS. 3. MN/DOT MUST APPROVE ANY SITE PLANS INVOLVING WORK WITHN THE HIGHWAY 10 RIGHT OF WAY. 4. VARIANCE TO THE REQUIRED SETBACKS FOR BUILDING AND PARKING BE APPROVED. 5. REQUIRED PARKING BE PROVIDED THROUGH AGREEMENT WITH CRETEX. 6. A TRASH ENCLOSURE SHALL BE PROVIDED. 7. THE HANDICAP AISE SHALL BE STRIPED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Planning Commission Minutes September 30, 1997 Page 8 Scott indicated Metropolitan Gravel has requested a conditional use permit for a second principal structure at 15683 Jarvis Street. The proposed building will replace the one destroyed by wind in July of this year. Scott reviewed conditions of Metropolitan Gravel's conditional use permit which was granted in 1988. Scott noted landscaping which was required as a condition of an amendment in 1991 has not been installed. Staff supports approval of the request with the conditions outlined in the staff report. Staff is recommending paving and concrete curb and gutter be completed in 1998 and landscaping in spring of 1999. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY METROPOLITAN GRAVEL FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-26, WITH THE FOLLOWING CONDITIONS: 1. MATERIAL AND EQUIPMENT STORED OUTSIDE MUST BE KEPT WITHIN THE ENCLOSED OUTDOOR STORAGE AREA. 2. THE PARKING AND DRIVE AREA SHALL BE PAVED TO THE FRONT OF THE BUILDING AND TO THE CONCRETE FUELING AREA. THE PERIMETER OF THE PAVED AREA SHALL INCLUDE CONCRETE CURB AND GUTTER. 3. NO PAVEMENT OR GRAVEL SHALL BE WITHIN 10 FEET OF ANY PROPERTY LINE. 4. THE DUMPSTER SHALL BE KEPT WITHIN A TRASH ENCLOSURE. THE EXTERIOR OF THE ENCLOSURE WILL MATCH THE EXISTING BUILDING AND SHOULD BE LOCATED EITHER BEHIND THE EXISTING BUILDING OR ADJACENT TO THE PROPOSED BUILDING. 5. ALL THE CONDITIONS PART OF THE CUP APPROVED ON SEPTEMBER 16, 1991 SHALL BE COMPLIED WITH. 6. 25% OF THE EXTERIOR OF THE PROPOSED STRUCTURE SHALL CONSIST OF MATERIAL LISTED ON THE APPROVED MATERIALS LIST OUTLINED IN THE LANDSCAPE ORDINANCE. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Ach explained the Planning Commission is asked to consider the sale of property in Parkview Addition and the purchase of property from the School Board to determine if the transactions are consistent with the City's Comprehensive Plan. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE SALE OF CITY PROPERTY IN PARKVIEW ADDITION, CITING THE PROPOSED USE IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE LAND EXCHANGE BETWEEN THE CITY OF ELK RIVER AND . . . Planning Commission Minutes September 30, 1997 Page 9 INDEPENDENT SCHOOL DISTRICT #728, CITING THE PROPOSED USE IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Ach provided an update of action taken by the City Council on planning items at the September 15, 1997 City Council meeting. There being no further business, COMMISSIONER SULLIVAN MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 10:25 p.m. Respectfully submitted, 'J/;(;UiSh~ Debbie Kleckner Recording Secretary