Loading...
03-25-1997 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 25, 1997 Members Present: Chair Anderson, Commissioners Cote, Mesich, Minton, Sullivan and Thompson Members Absent: Commissioner Kuester Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Terry Maurer, City Engineer; Debbie Kleckner, Recording Secretary 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 Anderson. COMMISSIONER THOMPSON MOVED TO APPROVE THE MARCH 25, 1997 PLANNING COMMISSION AGENDA, WHICH WAS AMENDED AS FOLLOWS: 6.3. 6.4. UPDATE ON CITY COUNCIL MEETING - 3/17/97 REGIONAL TRAINING UPDATE - COMMISSIONER KUESTER COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER THOMPSON MOVED TO AMEND THE FEBRUARY 25, 1997 MINUTES AS FOLLOWS: ITEMS 5.1. AND 6.1. - ADD CLOSURE OF PUBLIC HEARING ITEM 6.6. - MOTION SHOULD REFLECT ALL DENIALS SHALL BE REFERRED TO THE "CITY COUNCIL" ITEM 6.3. - ADD "MESICH" AFTER THE WORD "COMMISSIONER" COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Sullivan will be unable to attend the 4/21/97 City Council meeting. Chair Anderson will attend in her place. Planning Commission Minutes Page 2 . 5.1. Shielv Co. Request for Amendment to Conditional Use Permit Public Hearinq Case No. CU 95-4 Staff report by Steve Rohlf. Shiely Company is requesting their hours for washing of gravel be extended to 6:00 a.m. to 10:00 p.m. Currently, the hours of operation are from 7:00 a.m. to 7:00 p.m. Steve noted two issues of concern related to Shiely's request. One is noise and the other is the affects of the wash operation on adjacent wells. Steve explained a condition of approval to address the noise issue could be to require that Shiely use strobe lights or cameras instead of back- up alarms during the extended hours. Regarding the water issue, Steve felt the conditional use permit addresses water usage by stipulating the mining activities shall not adversely affect adjacent wells. In the event of a problem, Shiely would be required to take mitigative measures until the water levels returned to normal. Commissioner Mesich questioned the procedure for testing wells. Steve Rohlf explained the water depth is tested and if a there is a significant change, an expert would be called in to evaluate the situation. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. . COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY SHIEL Y COMPANY FOR AMENDMENT TO THEIR CONDITIONAL USE PERMIT TO ALLOW EXTENSION OF THEIR WASH OPERATION FROM 6:00 A.M. UNTIL 10:00 P.M., PUBLIC HEARING CASE NO. CU 95-4, BASED ON THE INFORMATION IN THE STAFF REPORT AND THE FACT THERE WAS NO PUBLIC OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITION: 1. ALTERNATIVE BACKUP WARNING DEVICES BE USED ON LOADERS BETWEEN 6:00 A.M. - 7:00 A.M. AND BETWEEN 7:00 P.M. - 10:00 P.M., SUCH AS STROBE LIGHTS OR CAMERAS. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.2. Phoenix Enterprises Request for Conditional Use Permit/Time Out Bar & Restaurant Public Hearinq Case No. CU 97-5 Staff report by Scott Harlicker. Phoenix Enterprises is requesting a conditional use permit for a 6,000 square foot Class I restaurant and on-sale liquor establishment, Time Out Sports Bar at 19280 Evans Street NW. Scott reviewed issues related to seating capacity, hours of operation, traffic and access, signage and on sale liquor license. Staff recommends approval of the request based on the conditions outlined in the staff report. Discussion followed regarding the elimination of the gate in the patio fence. Scott indicated this was suggested by the police department representative at the staff review meeting. Chair Anderson opened the public hearing. . Marlon Glines, representing Phoenix Enterprises, explained the lighting on the backside of the building will consist of five 2,400 watt lights. Mr. Glines indicated he would not object to an "in only" gate for the patio fence. . . . Planning Commission Minutes Page 3 Tony Bakhtiari, representing Time Out Sports Bar & Restaurants, indicated their logo would be placed on the building, rather than individual letters. There being no further comments from the public, Chair Anderson closed the public hearing. The Planning Commission discussed whether or not a gate should be installed along with the patio fencing. Commissioner Minton indicated "panic" hardware should be required if the gate were an "in only", so that people could exit the gate in the event of an emergency. It was the consensus to have the police department verify whether or not the gate was a concern. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A CONDITIONAL USE PERMIT TO OPERATE A CLASS 1 RESTAURANT AND ON-SALE LIQUOR ESTABLISHMENT, WITH THE FOLLOWING CONDITION: 1. SIGNAGE SHALL COMPLY WITH THE REQUIREMENTS FOR THE HILLSIDE CROSSING RETAIL CENTER PUD. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.3. Good Value Homes/J. Peterson Reauest for Preliminary Plat (Oakwood HillsL Public Hearina Case No. P 97-1 Staff report by Scott Harlicker. John Peterson of Good Value Homes is requesting to subdivide approximately 40 acres located at 198th Avenue alignment and Pascal Street into 14 single family lots. Scott noted this item was reviewed and postponed by the Planning Commission at their February 25th meeting. Scott updated the Planning Commission on the following issues associated with the plat: . A 66' right-of-way easement deeded to the City for Pascal Street was filed with Sherburne County. The applicant proposes shifting the road within the plat to better align with the intersection with Pascal. . The County Ditch Inspector has indicated it may be possible to incorporate the ditches into the drainage plan and possibly relocate them if necessary. . The plat has been revised to show more realistic locations for houses, wells and septic systems. Exact locations will be based on soils and site conditions. . Drainage calculations have been provided to the City Engineer, Terry Maurer. . The applicant is in the process of collecting topographic information to determine if the proposed extension of the temporary cul-de-sac will work and is not available at this time. Terry Maurer noted the Pascal Street 66' road easement in favor of the City of Elk River has been verified with Sherburne County. The County Ditch Inspector has indicated the northern branch of the county ditch system is inoperable. Terry Planning Commission Minutes Page 4 . recommended a condition requiring the applicant to go through the procedure to abandon the ditch. Abandonment of the ditch would remove restrictions on the northerly lots for house pads and septic locations. The drainage calculations indicate the current flow rate, but over time the volume would increase as the plat developed and would be let out slowly. The applicant would be required to obtain an outlet permit from Sherburne County, to outlet to the county ditch system. The County Ditch Inspector indicated a concern for the drainage once it leave the subject property. Terry explained he has discussed trying to maintain the drainage on site with no outlet, in the event an outlet permit cannot be obtained, by ponding and other means. Terry indicated the revised drainage The revised drainage calculations will need to show ponding locations and high water elevations, which may require some shifting of septic locations. He did not feel there would be any problem making these adjustments to the plat, due to the large size of the lots and the fact the site will remain substantially wooded, even when the property is developed. Terry felt reasonably confident the topography information will confirm proper location of the proposed road alignment. Terry Maurer felt there would be future opportunity to connect the road in the plat with Weatherwood. Chair Anderson opened the public hearing. Dan Steffens, 13813 196th Avenue NW, Elk River, stated he was concerned with future drainage from the site onto his property. He also did not support the Queen Street connection. . Brent Rachel, representing Good Value Homes, stated if the topography information indicates a problem with the proposed alignment of the road, it can be shifted. The developer will also attempt to pond the drainage on site. There being no further comments from the public, Chair Anderson closed the public hearing. Terry Maurer explained additional easements will be obtained in order to provide a full cul-de-sac, in addition to the 66' road right-of-way. Terry explained the city typically requires platting easements for existing county ditches so that in the future when the city takes over the county ditch system, the necessary easements will already be in place. Commissioner Cote asked if additional ditch easements were needed. Terry indicated it depends on whether it is pipe or an open channel, with a minimum of a 30' easement. Commissioner Mesich questioned if the city has a problem with residents using easements. Terry explained it does happen occasionally. Steve Ach explained the certificate of survey is required for a building permit and shows all easements. Discussion followed regarding information the applicant still needs to provide. Terry Maurer explained the information will be required before final plat approval will be granted. . COMMISSIONER MINTON MOVED APPROVAL OF THE REQUEST BY GOOD VALUE HOMES FOR PRELIMINARY PLAT APPROVAL (OAKWOOD HILLS), PUBLIC HEARING CASE NO. P 97-1, BASED ON THE INFORMATION IN THE STAFF REPORT AND THE FACT Planning Commission Minutes Page 5 . THERE WAS NO OPPOSITION RECEIVED DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMOS DATED 2/17/97 AND 3//97 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF THIS APPROVAL. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 4. 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 A ONE YEAR PERIOD. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. 6. . 7. 8. 9. 10. 11. ALL WETLANDS ON THE SITE BE DELINEATED AND A WETLAND JOINT NOTIFICATION FORM BE COMPLETED AND RETURNED TO THE CITY. AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS DEVELOPMENT. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A SEAL COAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, TO BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE SUBDIVISION PER ELK RIVER UTILITIES RECOMMENDATION. A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 13. SOIL BORINGS WILL HAVE TO BE PERFORMED AND APPROVED PRIOR TO FINAL PLAT VERIFYING SEPTIC LOCATIONS. 14. THE PLAT WILL HAVE TO BE REVIEWED AND THE LOCATION OF THE COUNTY DITCHES VERIFIED BY THE COUNTY DITCH INSPECTOR PRIOR TO FINAL PLAT. . 15. A CLEARING AND TREE PROTECTION PLAN SHALL BE PROVIDED PRIOR TO FINAL PLAT. . . . Planning Commission Minutes Page 6 16. THE DEVELOPER IS REQUIRED TO UPGRADE PASCAL STREET FROM 200TH AVENUE TO THE NORTHWEST CORNER OF HIS PLAT AND TO PROVIDE DOCUMENTATION THAT THE PASCAL STREET EASEMENT OVER THIS STRETCH OF ROAD DOES EXIST AND IS IN FAVOR OF THE CITY. 17. ADDITIONAL TOPOGRAPHIC INFORMATION ON THE ADJACENT PROPERTY NEAR THE SOUTHWEST CORNER OF THE PLAT IS REQUIRED IN ORDER TO ASSESS THE ABILITY TO EXTEND THE PROPOSED ROAD ONTO THE PROPERTY TO THE WEST. 18. ALL NECESSARY WETLAND PERMITS SHALL BE OBTAINED PRIOR TO ANY WETLAND DISTURBANCES ASSOCIATED WITH THIS PROJECT. 19. THE DEVELOPER SEEK ABANDONMENT OF THE NORTHERN DITCH SYSTEM PRIOR TO DEVELOPMENT OF LOTS 1 AND 2. 20. THERE IS NO INCREASE IN THE RATE OR VOLUME OF THE WATER TO THE COUNTY DITCH SYSTEM. 21. ADDITIONAL EASEMENTS FOR THE COUNTY DITCH SYSTEM AS REQUIRED BY THE CITY ENGINEER. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. Enterorises Rent-A-Car Reauest for Conditional Use Permit/Outdoor Storaae of Vehicles, Public Hearina Case No. CU 97-6 Staff report by Steve Ach. Enterprise Leasing Company is requesting a conditional use permit to occupy approximately 2,000 square feet adjacent to Kennedy Transmission, in order to operate a rental car business. Steve explained staff's concern there may not be adequate parking area at the proposed location. Staff is recommending the number of vehicles parked outside be limited to a maximum of 10 with the opportunity to increase this to 20 after six months. Chair Anderson opened the public hearing. Pat Kleinman, representative of Enterprise Rent-A-Car, provided information on the type of business they would be operating in Elk River. Commissioner Mesich asked if they would be selling cars from the proposed location which are taken out of service. Ms. Kleinman stated those cars would be taken to another location or sold back to the local dealers where the cars will be purchased from. Ms. Kleinman stated the rental rate is expected to be between 80 - 90% and expects there will be very few cars parked in the parking area at any given time. Arlon Fuchs, 266 Elk Hills Drive, representing Guardian Angels, expressed concern that the business not be allowed to remain open during late evening hours, due to its close proximity to the Guardian Angels residences. Mr. Fuchs noted the dumpsters at the automall have not been enclosed as required by the city when the automall was approved. He requested there be no wall signage facing the Guardian Angels property and that lighting be directed away from the apartments, as well. Planning Commission Minutes Page 7 . Sherry Emerson, representative of Guardian Angels, expressed her concern that cars are parking in landscaped areas because there is not adequate parking for the businesses. There being no further comments from the public, Chair Anderson closed the public hearing. Discussion followed regarding the number of cars to allow to be parked on the site. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY ENTERPRISE LEASING COMPANY FOR A CONDITIONAL USE PERMIT TO OPERATE A RENTAL CAR BUSINESS, WITH THE FOLLOWING CONDITIONS: 1. THE NUMER OF VEHICLES TO BE PARKED OUTSIDE BE LIMITED TO A MAXIMUM OF 15 WITH THE OPPORTUNITY OF INCREASING THIS TO 20 AFTER SIX MONTHS IF THE SITE IS ABLE TO ACCOMMODATE ADDITIONAL CARS PARKED ON SITE. STAFF WILL REPORT BACK TO THE PLANNING COMMISSION IN SIX MONTHS. 2. THE RENTAL LOT BE LIMITED TO THE PARKING LOT IMMEDIATELY SOUTH OF THE PROPOSED SPACE TO BE LEASED. 3. NO CAR SALES WILL BE PERMITTED ON SITE. . 4. HOURS OF OPERATION BE BETWEEN 8:00 A.M. - 6:00 P.M. 5. LIGHTING BE DIRECTED AWAY FROM THE NEIGHBORING RESIDENCES. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.5. Grea Karnis Reauest for Conditional Use Permit for Restaurant/On-Sale Liauor, Public Hearina Case No. CU 97-7 Commissioner Sullivan withdrew from the discussion and voting on this item due to a conflict of interest. Staff report by Steve Ach. Greg Karnis is requesting a conditional use permit to operate a Class I restaurant and have on-sale liquor. Mr. Karnis is considering purchasing the Bridgeman's Restaurant and converting it to an Italian style restaurant. Steve reviewed issues associated with the request regarding hours of operation, existing driveway easement, access off 173rd, long range plans, existing well and septic system, and deferring the requirement for on site improvements. Staff recommended approval of the request with the conditions outlined in the staff report. Chair Anderson opened the public hearing. Greg Karnis, 13527 190th Avenue NW, Elk River, applicant, explained his remodeling plans for the proposed restaurant. . Planning Commission Minutes Page 8 . There being no comments from the public, Chair Anderson closed the public hearing. Commissioner Mesich expressed concern for the height of the step at the entrance to the existing Bridgeman's Restaurant. Discussion followed regarding the 1 73rd A venue access. COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY GREG KARNIS FOR A CONDITIONAL USE PERMIT TO OPERATE A CLASS I RESTAURANT AND ON-SALE LIQUOR ESTABLISHMENT, PUBLIC HEARING CASE NO. CU 97-7, WITH THE FOLLOWING CONDITIONS: 1. THE EXISTING SEPTIC SYSTEM BE INSPECTED AND REPAIRED TO MEET ALL OF THE STATE REQUIREMENTS PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. 2. IN ORDER TO PRESERVE THE OPPORTUNITIES FOR A FUTURE FRONTAGE ROAD OR UTILITY CORRIDOR, NO BUILDING CONSTRUCTION SHALL OCCUR WITHIN THE NORTHEASTERLY 35 FEET EXTENDING FROM 173RD AVENUE NORTHWESTERLY TO THE NORTH PROPERTY LINE. 3. AT THE TIME ANY BUILDING EXPANSION PLANS ARE PROPOSED, THE ENTIRE SITE SHALL BE REVIEWED FOR SITE IMPROVEMENTS WHICH MEET THE CITY'S CURRENT ORDINANCES. . 4. ANY MODIFICATIONS TO THE EXISTING SIGNAGE SHALL MEET THE CITY'S SETBACK REQUIREMENTS FOR FREESTANDING SIGNS AND CONSIST OF A MONUMENT STYLE WITH A MAXIMUM HEIGHT OF 20 FEET AND SIGN AREA OF 100 SQUARE FEET. 5. A SITE PLAN BE SUBMITTED ILLUSTRATING HOW THE PARKING AREA WILL BE STRIPED. ALL DRIVE AISLE AND PARKING STALL DIMENSIONS SHALL CONFORM TO CITY STANDARDS. 6. THE ACCESS POINT CLOSEST TO HIGHWAY 10 SHALL BE REMOVED AT THE TIME OF UPGRADING OF 173RD AVENUE, OR, AT THE TIME AN APPLICATION IS SUBMITTED TO EXPAND THE BUILDING, WHICHEVER OCCURS FIRST. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.6. City of Elk River Reauest for Ordinance Amendment to Establish Minimum Lot Depths in Residential Districts, Public Hearinq Case No. OA 97-5 Staff report by Scott Harlicker. The City of Elk River is requesting an ordinance amendment to change the dimensional regulations for urban residential (R 1 b, R 1 c, R 1 d and R 1 e) zoning districts. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. . . . . Planning Commission Minutes Page 9 COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT REQUESTED BY THE CITY OF ELK RIVER ESTABLISHING MINIMUM LOT DEPTHS AS FOLLOWS: R1 B (SEWERED R1C R1D RlE 135 FEET 130 FEET 140 FEET 135 FEET COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPAROVAL OF AN ORDINANCE AMENDMENT REQUESTED BY THE CITY OF ELK RIVER AMENDING THE MINIMUM LOT SIZE IN R1C FROM 10,000 SQ. FT. TO 11,000 SQ. FT. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT REQUESTED BY THE CITY OF ELK RIVER AMENDING THE GARAGE SIDE SETBACK IN R1 B (UNSEWERED) FROM 10 FEET TO 5 FEET. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.1. Draft Ordinance Reaardina Communication Towers The Planning Commission discussed the draft ordinance for the antenna tower overlay district. Several minor corrections were discussed and will be incorporated in the draft to be presented to the Planning Commission at the April 22nd meeting. 6.2. Strateaic Plannina Task Force The Draft Strategic Plan will be presented to the City Council, Planning Commission, EDA, HRA, and other affected committees on Monday, April 21, 1997, at 5:00 p.m. 6.3. Update - March 18th City Council Meetina Commissioner Thompson provided an update on actions taken by the City Council on planning items at the March 18, 1997 City Council meeting. 6.4. Plannina Conference To be held on May 8th at the Otsego City Hall. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:37 p.m. Respectfully submitted, Planning Commission Minutes Page 10 . AO~' ~ Debbie Kleckner Recording Secretary . .