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05-28-1996 PC MIN . . . if NIB MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 28, 1996 Members Present: Chair Dillon, Commissioners Minton, Kuester, and Sullivan Members Absent: Commissioners Thompson, Tacheny, and Anderson Staff Present: Steven B. Ach, City Planner; Pat Klaers, City Administrator; Terry Maurer, City Engineer; Scott Harlicker, Planning Assistant; Kendra Lindahl, Zoning Assistant; Michelle Dwyer, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7 p.m. by Chair Dillon. COMMISSIONER MINTON MOVED TO APPROVE THE 5/28/96 AGENDA. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER SULLIVAN MOVED TO AMEND THE 4/23/96 MINUTES AS FOLLOWS: ITEM 5.1 COMMISSIONER MINTON'S STATEMENT SHOULD READ COMMISSIONER MINTON STATED THAT HE IS CONCERNED OVER COMPLAINTS AND WOULD WE HAVE ANY RECOURSE. ITEM 5.2 NUMBER 3 SHOULD READ THE APPLICANTS SHALL CONSTRUCT THE APPROVED FENCE WITHIN TWO MONTHS OF SEASONABLE WEATHER, AFTER THE SUBDIVISION IS COMPLETED, LANDSCAPING AND PAVING SHALL ALSO BE COMPLETED. ITEM 5.3 DENNIS MURRAY'S ADDRESS SHOULD READ 524 NOT 5244. ITEM 5.4 IN THE 1ST MOTION SHOULD READ THE MOTION FAILED 3-3 NOT MOTION CARRIED 3-3. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4~ fM::lnhfhdcdtAArBl@ibl1k@HPes@HtdtlvefOA#end6M7196CifYCb\..Il'"\bllMeetlh8< COMMISSIONER MINTON MOVED TO DEFER THIS ITEM LATER IN THE AGENDA. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . Planning Commission Minutes May 28, 1996 Page 2 Pat Klaers, City Administrator reported McChesney Cabinets is a manufacturer of custom cabinets and countertops and specialty wood items. The company seeks approximately $35,000 in TIF assistance to support the construction of an approximately 10,000 square foot facility on Lot 9. Tax increment funds will be used to write down the value of this lot on a pay-as-you-go basis. With this project. McChesney Cabinets will go from a 3,000 square foot facility to a 5,000 square foot facility. The balance of the facility will be leased out to another local company, Winelectric, for its expansion. With this project, McChesney Cabinets will add two new employees over the next three years. McChesney Cabinets currently has two employees. Additionally, it is anticipated that Winlectric will be adding another employee with their expansion. Overall this project adds 10,000 square feet of industrial space in the community and adds another few employees, plus the spin-off benefit of another company expanding into the space that McChesney Cabinets and Winlectric currently occupies. To support the request for assistance, the EDA proposes to create an economic development TIF District. New property taxes generated by the 10,000 square foot facility will be captured by the city/EDA in order to pay back the $35,000 TIF grant. It is estimated that the McChesney TIF District will last approximately five years. New property taxes, or the increment. will be collected for four years. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF RESOLUTION 96-3. A RESOLUTION OF THE ELK RIVER PLANNING COMMISSION FINDING THE ECONOMIC DEVELOPMENT AUTHORITY'S TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15 LOCATED WITHIN DEVELOPMENT DISTRICT NO.1 TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE CITY OF ELK RIVER. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. ...........",."........."..._-..-..."".."""............ ... ...., .. .......... . .. ........"",......""............... ..5,.1<..... .@C>lJhtrY....RiiJqe,....lng/R~9liestf()r..PrelilTlin~~...PI(Jt..~t)Rr~\l(Jl.lC:()~f1frY~r()ssing...3ro ...Addi'tidhl,..P\J6Iic...Aedrlna..Cd.se...No.P~96f2-.ContN::I..tb..6125196.MeetlnQ.H............. . COMMISSIONER KUESTER MOVED TO TABLE THE PRELIMINARY PLAT REQUEST BY COUNTY RIDGE PARTNERSHIP, PUBLIC HEARING CASE NO. P. 96-2, TO THE JUNE 25, 1996 PLANNING COMMISSION MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5,29itY~f~I~Riy~r~~C}\Jesff~rZ()h~9fltti6B~frC)fnRl(jf6g1'f'6bI19H~H9QBse .......................Nbtz@..9641Q.tConfiduedfrom.4123/96iPlannino..Commlssioner..Meetinril...... . Staff report by Scott Harlicker. Scott handed out the suggested definition of agribusiness. Scott will draft an amendment to the zoning code addressing "agri-business" as a new use and present to the Planning Commission in June. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND TO TABLE TO THE JUNE 25, 1996 PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Planning Commission Minutes May 28, 1996 Page 3 ............__........._---....-.....-......-.-..................................... ... . ........ . ....."..."..........".".......... . - ".......................".",.............-....... Staff report by Scott Harlicker. This request was initially for a variance to the 300 foot setback requirement between an agricultural building and adjacent residences and a conditional use permit to allow a horse on a lot less than five acres. However, with a recent amendment to the City's zoning ordinance the only application necessary is the conditional use permit. The Kowalzek's have indicated that since the reduced setbacks will allow them to enclose two acres for pasture, they would like permission to have two horses. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PAUL AND PAULA KOWALZEK FOR A CONDITIONAL USE PERMIT. PUBLIC HEARING CASE NO CU 96-3, BASED ON THE FINDINGS IN THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. ...................".........."'............"....----..-,.-.....................................................-.-..-.--,....-...-.....-.....-..__...........-......... .5.4........ ......Olal"lelysol"l.RedUesH6tMatiance,PuBlic...HeatiROcase...NoC.V9644'....... . Staff report by Kendra Lindahl. Diane Tyson is requesting a variance for a 5 foot setback from the garage, and a variance for a 35 foot shoreland setback from the Elk River for a septic system. The existing septic system at 18741 Yankton St. NW is failing. Staff inspected the site with the installer, Leo Deschenes, and found that there is not sufficient room for Ms. Tyson to place a new septic system on the property and still meet all required setbacks. The current ordinance requires a 75 foot setback from the ordinary high water mark for septic systems. Ms. Tyson is requesting a 40 foot variance for a 35 foot setback from the ordinary high water mark and is also requesting a variance for a 5 foot setback instead of the required 20 foot setback from any structure. Staff had a preliminary discussion with Dan Lais of the DNR-Division of Waters and indicated that, in staff's opinion, this variance is the best solution available. In staff's opinion, Ms. Tyson very clearly shows a hardship in that there is no room to place a new septic system on the property. If the variance is not granted, Ms. Tyson will lose all use of the land as a residence. Therefore staff recommends the following findings to support the variance: 1. Literal enforcement of the ordinance would cause undue hardship by denying the applicant full use of the property. Without a variance, no septic system can be placed on the property and the property would not be usable as a dwelling. . . . . Planning Commission Minutes May 28, 1996 Page 4 2. The hardship is caused by special conditions of the land which make the proposed location the only available site above the watertable and floodplain. 3. Literal application of the ordinance would deprive the petitioner of rights enjoyed by other property owners in the same district by denying them use of their land as a residence. 4. The variance will not adversely affect the neighborhood or residents of the city and will be in keeping with the spirit and intent of the ordinance. Replacing the failing septic system will reduce any harmful environmental impacts caused by the failing septic system. Diane Tyson stated a holding system would not be feasible with her size household. Ms. Tyson stated the house would be condemned without a septic system. Chair Dillon opened the public hearing. Mark Olson, 18778 Yankton. Mr. Olson noticed the problem. Mr. Olson is in favor of a new septic. Mr. Olson stated another option is to purchase the City's alley way. Mr. Olson's main concern is that it does not run off into the river. Chair Dillon closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVALOF THE REQUEST FOR VARIANCE BY DIANE TYSON, PUBLIC HEARING CASE NO. V 96-4, BASED ON THE FINDINGS IN THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, SUBJECT TO THE FOLLOWING CONDITIONS: 1. ADJACENT PROPERTY WILL BE PURCHASED AND COMBINED WITH THE EXISTING LOT FOR LOCATION OF THE DRAIN FIELD. APPLICANT WILL PROVIDE THE CITY WITH A COPY OF THE LOT COMBINATION PRIOR TO RECEIPT OF A BUILDING PERMIT. 2. SEPTIC SYSTEM WILL BE CONSTRUCTED ACCORDING TO THE CONDITIONS OUTLINED IN THE LETTER FROM JON CHRISTENSEN. 3. THE TOP GRADE OF THE SEPTIC SYSTEM WILL BE GRADED AWAY FROM THE ELK RIVER. 4. APPROVAL OF THIS PROJECT IS CONTINGENT ON DNR APPROVAL. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5~5 ...-.--.........--.",............."..--........".".."""..""..........................""""",.,.-"-....-.".-....--.----............""....... ~~~~~~~~~s~i0~~~~~s~@gq~stf(')rgc;(')t')~iti9ngllJsep~rrn~tfgr-~Igmtflyplic Staff report by Kendra Lindahl. Universal Signs, on behalf of Cub Foods is requesting a conditional use permit to amend the Elk Park Center PUD to allow them to place a sign next to the existing Target sign on Jackson Avenue and the Planning Commission Minutes May 28, 1996 Page 5 . 1. 2. 3. 4. 5. . 6. 7. . service road. The PUD agreement allows the Target sign to be a maximum of six (6) feet high and four (4) feet wide. Cub Foods is proposing to extend the existing brick base to place a Cub Foods sign of the same dimensions next to the existing Target sign. When the conditional use permit for Elk Park Center was granted, there were a number of concerns to be addressed. One of those issues was signage. It was decided that Cub Foods and Target would be the two tenants allowed on the two freestanding development signs. The monument sign at Jackson A venue and the Service Road was only to identify "the anchor tenant (Target)." However, since Elk Park Center is a Planned Unit Development, the sign requirements can be tailored to fit the development. The conditional use permit can be approved if it meets the seven standards outlined in Section 900.42 (4) of the Elk River Ordinance. Staff believes that the applicant meets these seven standards: The expansion of the existing sign will not detrimentally affect adjacent properties. The sign expansion is not inconsistent with the comprehensive plan. The sign is consistent with the intent of the Planned Unit Development and will not impede development on surrounding properties. Will not adversely affect traffic or traffic visibility. Expansion of the existing sign will not create excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The sign expansion will not damage any natural, scenic or historic features. The applicant will apply for a City sign permit and will comply with all applicable sign requirements. Rich Walsco, Cub Foods stated he had spoken with Target and Target does not object to sharing the sign. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. Commissioner Sullivan stated if we amend the sign permit what prevents other companies from doing the same. Kendra Lindahl, Zoning Assistant stated other companies can also apply to amend the sign package for the Elk Park Center PUD. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY UNIVERSAL SIGNS/CUB FOODS FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 96-9, BASED ON THE FINDINGS IN THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT WILL APPLY FOR A SIGN PERMIT BEFORE BEGINNING CONSTRUCTION ON THE SIGN. THE SIGN WILL BE ARCHITECTURALLY COMPATIBLE WITH THE EXISTING TARGET SIGN. 2. . . . Planning Commission Minutes May 28, 1996 Page 6 3. THE TOTAL SIGN AREA FOR THE CUB FOODS SIGN WILL BE 491/4" X 96" TO MATCH THE SIZE OF THE EXISTING TARGET SIGN. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Staff report by Scott Harlicker. Independent School District #728 has requested a conditional use permit for outdoor storage at their maintenance grounds facility. Background information on the conditional use permit to construct the public works building was presented. Two main issues were raised regarding the proposed outdoor storage area, they were: surfacing the storage area, and screening/landscaping. ISD #728 has indicated that they wish to use class 5 aggregate to surface the storage area. A chain link fence with slats is proposed around the outdoor storage area. Landscaping is also required and should be used to supplement the screening that the fence provides. Commissioner Minton has concerns over if there is enough room between the pond and the street. Chair Dillon opened the public hearing. Randy Robison, Tescom. Mr. Robison stated Tescom is strongly opposed to outdoor storage. They need their building to project a professional image. Tescom does not want outdoor storage and this will negatively impact their facility. Ed Cunnington, Tescom. Tescom understood that the Industrial Park was to bring in companies like Tescom, not for outdoor storage uses. Tescom has worked hard on their image. Scott Harlicker informed the Planning Commission that Mr. Pomeroy has contacted staff to express his concerns with the outdoor storage. Chair Dillon closed the public hearing. Commissioner Minton is very concerned over the comments of Tescom and Pomeroy and is asking what kind of storage there will be. Ron Bratley, ISD #728, stated mainly flatbed trailers. The total storage space will be very small. There is no room for storage in the building because the building was made smaller due to a lack of funding. The School District #728 intent was to not store junk. Chair Dillon asked what the precedence is for outdoor storage. . . . Planning Commission Minutes May 28, 1996 Page 7 Steve Ach, City Planner stated that outdoor storage is allowed as a conditional use in the light industrial zone. Steve suggests if the Planning Commission doesn't want outdoor storage in the 1-1 zone, the ordinance should be amended. Commissioner Kuester commented on Tescom's picnic and parking area by the proposed outdoor storage. Ron Bratly stated the School District would like to put up a chain link fence with slats which would create a 100% opaqueness with landscaping. Chair Dillon would like a more upscale fencing. Chair Dillon would like to see an 8 foot high wood fence. Commissioner Sullivan is concerned on security and the height of the fence. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE FOR ISD #728, PUBLIC HEARING CASE NO. CU96-10, BASED ON THE FINDINGS IN THE STAFF REPORT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL SUBMIT FENCE DETAILS AND A LANDSCAPE PLAN FOR APPROVAL. THE FENCE DETAILS SHALL INCLUDE HEIGHT WITH A MINIMUM OF 8 FEET AND DECORATIVE WOOD FENCE 100 % OPAQUE ON WEST AND EAST AND STOP AT RAILROAD TRACKS WHERE THE FENCE MAY BE A CHAINLlNK AND A LANDSCAPING PLAN SHALL INCLUDE NUMBER AND TYPES OF TREES. 2. THE APPROVED FENCE AND LANDSCAPING SHALL BE IN PLACE PRIOR TO THE UTILIZATION OF THE OUTDOOR STORAGE AREA. 3. BITUMINOUS SURFACING BE INSTALLED IN THE OUTDOOR STORAGE AREA. 4. THE HEIGHT OF STORAGE MAY NOT EXCEED THE HEIGHT OF THE FENCE. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Independent School District #728 is requesting a conditional use permit to construct temporary classrooms in front of the senior high building along School Street. In order to accommodate the demand for additional space, the school district is proposing to construct temporary classrooms in front of the existing senior high along School Street. The proposed structure will be 55' by 76' (4,180 square feet) and be designed to accommodate four classrooms. The single structure will have an internal design including a central corridor providing access to each of the four classrooms, as well as two conference rooms and two restroom facilities. The temporary structure will be placed on a series of masonry piers to support the structure. To conceal the bottom of the building, a skirting material supplied . . . Planning Commission Minutes May 28, 1996 Page 8 by the contractor will be provided around the base of the building to give the buildings a finished appearance. The Police Department concerns are lack of natural surveillance and access to site involves leaving the main school building. Ron Bratley stated ISD #728 has no alternative for this temporary classroom he has no idea when a future building will be built. Commissioner Kuester is concerned over handicap accessibility and would like to comment on the area chosen for the temporary building, because the trees are the nicest trees in this location. Commissioner Minton asked why this building is not attached. Ron Bratley stated this building is suppose to be a temporary building and cannot be attached for fire code reasons. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. Chair Dillon suggested for security reasons if it is possible to put a fence between the buildings, so there is not an alleyway, with a gate to be closed after hours. Ron Bratley stated that might be a fire code issue and will speak with the Fire Chief. Bruce West. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TEMPORARY CLASSROOMS FOR ISD #728, PUBLIC HEARING CASE NO. CU 96-11, BASED ON THE FINDING IN THE STAFF REPORT AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE EXTERIOR OF THE BUILDING BE PAINTED TO MATCH THE SENIOR HIGH. 2. AS PART OF THE PROJECT, FOR EACH TREE REMOVED AS A RESULT OF THE TEMPORARY STRUCTURES BEING CONSTRUCTED, AN EQUAL NUMBER OF TREES BE PROVIDED ON SITE. 3. AS REQUESTED BY ELK RIVER UTILITIES, ONE ELECTRICAL HOOKUP BE PROVIDED TO THE BUILDING. 4. ALL THE BUILDING CODE REQUIREMENTS BE MET AND SATISFIED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 5. THE SITE PLAN AND PROPOSED TEMPORARY STRUCTURES PLAN BE APPROVED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 6. THAT THE AREA BETWEEN THE TEMPORARY AND PERMANENT BUILDING BE FENCED WITH A GATED FENCE ON BOTH SIDES UPON APPROVAL OF THE FIRE CHIEF. . . . Planning Commission Minutes May 28, 1996 Page 9 COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. CHAIR DILLON MOVED THE PLANNING COMMISSIONER RECESS AT 8:48 P.M. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Chair Dillon called back the Planning Commission to order at 8:52 p.m. .......""......."".....""...........",.......................----------------..,.............-----------------.--..........."""""'........ $~8jlril(Zh(jMggr"1K4GfflE:!l"s,lr@.dlJ(Jfv\idasMlJfflE:!r~~gqgsff6rq6rlttiti()l'lalqs$fUartrdf. public f-li:!CJrlhO c6sl:!HB. Cl..J 96--8 .. . .. ......... ... . ...................................... ................................................... Staff report by Steve Ach, City Planner. Jim Taylor (Midas Muffler) is requesting a conditional use permit for site plan review to construct an automobile repair facility in the Elk Park Center planned unit development. Midas Muffler is proposing to construct a 4,032 square foot building. The proposed building would be oriented towards Freeport Avenue and consist of an office and waiting room and six bays for auto repair work. Vehicle access to the site would be via one of the shopping centers' entrances off of Freeport Avenue. The site would not have any direct access onto Freeport since the overall project was approved with controlled access off of Freeport. The Elk Park Center Planned Unit Development agreement sets forth that all new construction be required to obtain a conditional use permit for site plan review. Rick Storlen, Architect. Mr. Storlen stated the architect's are in favor of staff's recommendations. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSIONER RECOMMEND APPROVAL OF THE REQUEST BY JIMICHAELEEN MUFFLERS, INC. DBA MIDAS MUFFLER FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO CU 96-8, BASED ON THE FINDINGS IN THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, SUBJECT TO THE FOLLOWING CONDITIONS: 1. ALL COMMENTS LISTED IN THE REPORT TO THE PLANNING COMMISSION DATED MAY 28, 1996, BE INCORPORATED INTO THE REVISED PLANS FOR APPROVAL. 2. ALL OF THE COMMENTS SET FORTH IN THE CITY ENGINEER'S MEMO DATED 5/24/96 BE INCORPORATED INTO THE PLANS FOR APPROVAL. 3. THE APPLICANT PROVIDE FOUR SETS OF REVISED PLANS TO THE CITY FOR REVIEW PRIOR TO ISSUANCE OF A BUILDING PERMIT. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Planning Commission Minutes May 28, 1996 Page 10 ..,---.................--........"'.........."".........................""",....,........--.------_......--.,......-.-.---.-.....--------...... Staff report by Steve Ach, City Planner. Phoenix Enterprises is requesting a preliminary plat approval to subdivide approximately 2 acres into 4 single family lots. The entire Hillside Estate area was originally proposed as a planned unit development and had a concept plan for approximately the 200 acre area which it covered. The original concept plan, proposed the extension of Baldwin Street north of its existing terminus to tie into a future street system which would be included in a later phase of Hillside Estates. The proposed plan is to modify the original concept by terminating Baldwin Street making it a cul-de-sac to serve the proposed four lots. The developers have also provided a revised concept plan for the area immediately north of Baldwin Street if it was to be cul-de-sac. Although this is a concept, staff has spent a little time reviewing the plan to see how it would fit in if Baldwin Street was to be cul-de-sac. The concept plan as prepared presents a few concerns with the reverse curves included on the street design, however, staff believes that the concept could be revised to satisfy these initial concerns. . The proposed lots range in size from approximately 16,000 square feet up to 20,000 square feet in area. All four of the lots meet the minimum lot size requirement in the R1 e zoning district, as well as the frontage requirement. When the lots along Baldwin Street were originally platted, the street name, along with the addressing was done based on the concept plan of Baldwin Street extending further north. If Baldwin Street is now to become a cul-de-sac, the street name will have to change to Baldwin Court, which will require all of the residents along this street to change their address. Concern for extension of utilities with utilities being extended further north to serve future phases of the Hillside Addition. Marly Glines, Phoenix Enterprises. Mr. Glines stated they do not want to run the water and utilities along the lot lines and are not in favor of looping water. Chair Dillon opened the public hearing. David Raymond, 13686 Riverview Drive. Mr. Remand is from Sherburne County Dispatch and stated when a street is cut off it makes it difficult for finding an emergency request. Chair Dillon closed the public hearing. Chair Dillon is concerned on looping the water. . Marly Glines, Phoenix Enterprises stated there were quite a bit of trees affected in this area by drought and oak wilt. . . . Planning Commission Minutes May 28, 1996 Page 11 Chair Dillon commented on the Fire Department which relies on developers to give them updates on maps. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES SIXTH ADDITION) FOR PHOENIX ENTERPRISES, LLC, PUBLIC HEARING CASE NO. P 96- 3, BASED ON THE FINDINGS IN THE STAFF REPORT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. IF IT IS DETERMINED THAT THE LOT LINES IN THE PROPOSED PLAT NEED TO BE ADJUSTED TO ACCOMMODATE THE EXTENSION OF THE UTILITIES FURTHER NORTH AS REQUESTED BY THE ELK RIVER UTILITIES DEPARTMENT, THIS BE ACCOMPLISHED PRIOR TO RECORDING THE PLAT. 2. DEVELOPER'S AGREEMENT BE PREPARED, OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 3. PARK DEDICATION IN THE PAYMENT OF CASH FOR EACH OF THE FOUR LOTS IN THE PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 4. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES AND ELECTRIC SERVICES. 5. A 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. A DETAILED EROSION CONTROL PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING ANY GRADING ON SITE. 7. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER. 8. DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THE PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. THE DEVELOPER PROVIDE AN ACCEPTABLE FINANCIAL GUARANTEE TO THE CITY TO COVER THE COST ASSOCIATED WITH THE UTILITY AND STREET IMPROVEMENTS. 10. UPON COMPLETING ALL IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 11. THE DRAINAGE AND UTILITY EASEMENT ON LOT 3, BLOCK 1, BE ADJUSTED TO ALLOW A 50' DEEP BUILDING PAD WITHOUT ENCROACHING INTO THE DRAINAGE AND UTILITY EASEMENT. 12. A STREET LIGHT BE PROVIDED AT THE END OF THE CUL-DE-SAC AS REQUESTED BY ELK RIVER UTILITIES. . . . Planning Commission Minutes May 28. 1996 Page 12 COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. .SJI0 ......vY;q.Q~Q~V~19Q~~ntq9~J...R~~~~#t.f9r~t~littlin9@AlpttsR~r9ygl...tPB~g~qnt~llrlH l"6blidfleoril,OC:dnkNO/P9li;S............... ..... .............. ........................ ........... ........................ Staff report by Scott Harlicker. W.J.c. Development Corporation is requesting a preliminary plat approval to subdivide a 40 acre parcel into 14 single family residential lots. Staff described the existing conditions on the site and the character of the neighborhood. All lots except lot 6, block 1 meet the dimensional requirements of the zoning code. Sherburne County Highway Department comments were noted. In the past, developers of urban subdivisions have been required to plant landscaping and screening material to serve as a buffer when residential lots front county roads. The Commission may wish to consider requiring landscaping and or a berm along County Road 33 to serve as a buffer for the two lots with frontage on that road. The subdivision regulations also require street trees, with a diameter of not less than 2" be planted at intervals of at least one every 60 feet. A landscaping plan has not been provided. Terry Herman, Oliver & Associates stated they are in agreement with all staff's recommendations. Mr. Herman thinks the right turn lane is premature and would like additional discussion with staff on the wetlands. Chair Dillon opened the public hearing. Arlen Mootz, 10213 209th Ave. Ms. Mootz stated there are no homes on County Road 33. This development would have the backyards facing the roads which her front yard faces. Ms. Mootz would like to discuss with the developer on possibly turning the lots around so they face County Road 33 and to utilize a service road. Joe Wells, 10296 209th Ave. Mr. Wells owns 24 acres adjacent to this project. Mr. Wells is concerned over the dead end road. Mr. Wells is also concerned over the 10 acre minimum land acreage. Rob Dare, 9987 209th Ave. Mr. Dare stated they have 10 acres and County Road 33 is too busy. This project with its one entrance going out to County Road 33 will be too dangerous. County Road 33 must be addressed before this request goes through. Angie Johnson, 20760 Quincy Street. Ms. Johnson owns 27 acres. Ms. Johnson stated a 21/2 acre lot size development is getting away from the rural setting. Ms. Johnson would like to see a larger lot size, covenants, and upper bracket homes. Chair Dillon closed the public hearing. Commissioner Minton stated it is zoned for 21/2 acres, the ordinance can not be changed this far into the project. Commissioner Minton stated the property owners could request to rezone the rest of it to a larger lot size. . . . Planning Commission Minutes May 28, 1996 Page 13 Chair Dillon commented on the dead end road. The city requires that the road end on the property line for the possibility of future development so the homeowners would know that a possible road might go through. Commissioner Minton stated the city does not enforce covenants or the cost of homes. Bill Christian, Builder. Mr. Christian will try to incorporate a covenant and will build nice homes. Chair Dillon stated it would be wise for the developer to meet with the homeowners on covenants. Commissioner Kuester is concerned with landscape and berming along County Road 33. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL BY W.J.C. DEVELOPMENT CORPORATION, PUBLIC HEARING CASE NO. P 96-5, BASED ON THE FINDINGS IN THE STAFF REPORT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. COMMENTS AS REQUESTED BY SHERBURNE COUNTY HIGHWAY DEPARTMENT BE INCORPORATED AS PART OF THE PLAT. 3. ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED 5/22/96 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF THIS APPROVAL. 4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 5. 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. 6. APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY WORK DONE WITHIN THE COUNTY HIGHWAY RIGHT-OF-WAY BE OBTAINED PRIOR TO COMMENCING WORK. 7. SURFACE WATER MANAGEMENT FEE IN THE AN AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. 8. LOT 6, BLOCK 1 BE REVISED SO THAT IT HAS A LOT WIDTH, MEASURED AT THE REQUIRED FRONT YARD SETBACK, OF 160 FEET. . . . Planning Commission Minutes May 28, 1996 Page 14 9. ALL WETLANDS ON THE SITE BE DELINEATED AND A WETLAND JOINT NOTIFICATION FORM BE COMPLETED AND RETURNED TO THE CITY. 10. AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS DEVELOPMENT. 11. 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. 12. A SEALCOAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, TO BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE SUBDIVISION. ELK RIVER UTILITIES HAS RECOMMENDED THREE STREET LIGHTS FOR THIS PROJECT. 14. ALL EXISTING OUTBUILDINGS SHALL BE REMOVED FROM THE PROPERTY PRIOR TO COMMENCING THE STREET IMPROVEMENTS. 15. A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. 17. RESTRICTED ACCESS ALONG COUNTY ROAD 33. NO LOTS SHALL BE ACCESSED FROM COUNTY ROAD 33. 18. DEVELOPER PROVIDE THE CITY A LANDSCAPING PLAN FOR ALONG COUNTY ROAD 33 WHICH INCLUDES BERMING AND VEGETATION. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. ..-.._-,-_..._'...-.-.-_.............................."............"...----.----..-------....................-......... ..........."........ .5Jl..1...... .. ..~~~!?......\IY~ieHt........?<........;\SS9#i9f~~........~~9g~sf~9~.......~r~limiharyH ~lat..Appr8vdl .....(~ehrier Additt6nl.....~ub1l6.HeannaCase...NO..P9644................... Staff report by Steve Ach, City Planner. John Weicht and Associates. Inc. is requesting preliminary plat approval to subdivide approximately 6 acres into one commercial lot and one outlot. The plat involves approximately 7 acres of property of which 6 acres will be a platted lot for a proposed commercial building (Furniture and Things). as well as the extension of a frontage road (l56th Avenue NW), The draft comprehensive transportation plan identifies Jarvis Street as ultimately becoming a minor arterial. It has also been discussed with Mn/DOT that Jarvis and Highway 10 is a likely candidate for a future signal. based on the contributing traffic to Jarvis from the City of Ramsey and the City's proposed plan to extend Jarvis further north to serve the eastern part of Elk River. Based on this minor arterial designation, additional right-of-way has been requested and is reflected on the proposed plat. . . . Planning Commission Minutes May 28, 1996 Page 15 Staff has discussed with both John Weicht and Roger Renner the need to construct 156th Avenue for the entire distance within the plat. This recommendation has consistently been brought forward on previous plats to ensure that roads are constructed to the plat's limits. Although its difficult to predict the exact alignment of the frontage road as it is to serve properties further west of the subject plat, staff believes a defined alignment through the proposed plat needs to be established at this time. Jarvis is also a street which may need further attention along with this plat. As mentioned earlier, the proposed plat is being brought forward to accommodate a large commercial use (90,000 sq. ft. furniture store). Therefore, the increased traffic may necessitate upgrading portions of Jarvis. Ideally, the frontage road (156th Avenue) is the street that should provide access to the parcels at the corner of Highway 10 and Jarvis. An access is proposed directly off Jarvis. Staff believes this access should be removed. Commissioner Minton stated his concern with the platting of outlots as they have a tendency to go tax forfeit. John Weicht, John Weicht & Associates would like to request 156th Street not to be built at this time. Mr. Weicht states Jarvis Street has very low usage, and would like to put an access into Furniture & Things off of Jarvis. Mr. Weicht feels it is very important for a business to have a front entrance. Larry Hickmann, Furniture & Things stated he is looking to spend approximately 2 million dollars for the new store. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. Steve Ach, City Planner stated the frontage road off Jarvis should be constructed at this time and extend to the western lot line of the plat. Commissioner Kuester questioned the use of outdoor storage on-site and where that activity is planned to occur. John Weicht stated to upgrade Jarvis, Furniture & Things should not have to pay for all of it, the city should pay some. Commissioner Minton asked what kind of improvements are needed on Jarvis in order to be feasible for a right-in-right out on Jarvis. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL (RENNER ADDITION) FROM JOHN WEICHT & ASSOCIATES, PUBLIC HEARING CASE NO. P 96-4, BASED ON THE FINDINGS IN THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, SUBJECT TO THE FOLLOWING CONDITIONS. Planning Commission Minutes May 28, 1996 Page 16 . 1. 2. 3. 4. 5. 6. . . A DEVELOPER'S AGREEMENT BE PREPARED AN EXECUTED OUTLINING THE TERMS AND CONDITIONS OF PLAT APPROVAL AND ANY NECESSARY IMPROVEMENTS. ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE PROVIDED ALONG THE WEST SIDE OF JARVIS STREET FOR THE FRONTAGE OF OUTLOT A. DEVELOPER BE RESPONSIBLE TO CONSTRUCT 156TH AVENUE NW BE EXTENDED WEST OF JARVIS STREET TO THE WESTERN LIMITS OF THE PLAT. A TEMPORARY CUL-DE-SAC BE PROVIDED AT THE END OF 156TH AVENUE NW. PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 7. A LEnER OF CREDIT OR OTHER ACCEPTABLE FINANCIAL GUARANTEE BE PROVIDED TO THE CITY TO ENSURE THE INSTALLATION OF STREET AND UTILITY (STORM SEWER) IMPROVEMENTS. 8. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON LOT 1, BLOCK 1, FOR THE PROPOSED PLAT, THE EXISTING BILLBOARD BE REMOVED FROM THE SITE. 9. APPROPRIATE PERMITS FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION BE OBTAINED FOR ANY PROPOSED WORK WITHIN THE STATE RIGHT-OF-WAY. 10. ANY RECOMMENDATIONS OR CONDITIONS FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION BE MADE PART OF THE PLAT APPROVAL. 11. ALL COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED 5/23/96 BE INCORPORATED AS PART OF THE PRELIMINARY PLAT APPROVAL. 12. A GRADING PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO ANY WORK COMMENCING ON THE SITE. 13. JARVIS STREET BE UPGRADED FROM STATE HIGHWAY NO. 10 NORTH TO 156TH STREET. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION FAILED 2-2. Opposed Dillon, Sullivan. Chair Dillon stated he is voting against the motion because he doesn't agree with limiting access off Jarvis; otherwise supports the preliminary plat. Planning Commission Minutes May 28, 1996 Page 17 . ..............'...........'......-.---.-.............................--.........................----....--......---------------.-----_..--.--..._--.._-.---. -. -- ---.-.-..--,--.-.--.--." Sn2@tft9fEI~Ri\l~r~~g~~stf9tQr!i9968~.A.roef1dro~f1f:~el(JtjH~t()tf'l~Sclli6f ..............Vinidlesdh...P0blicdddl?l'lVdfe..fU6pertY,...P0bltC..HedrihdCdse..W6....0A.96...7 Staff report by Kendra Lindahl. The City of Elk River has had a number of complaints relating to vehicles for sale. Frequently, residents park these vehicles on their lawns or in the public right-of-way (ROW). Unfortunately, this leads to erosion, traffic problems, and other safety concerns. The City Council directed staff to prepare an ordinance amendment to address these issues. The city has had limited success in resolving these parking issues. Part of the problem is that the zoning department frequently gets the complaint calls, but we have a limited ability to resolve the problems. On the other hand, the police department has the power to tag the offending vehicles and have them towed. Chief Zerwas believes that this ordinance would be most effective if the police have the power to tag violators. Therefore, staff is recommending that the parking regulations in Chapter 11 be amended. Commissioner Minton stated the ordinance doesn't deal with partnerships. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. . COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR ORDINANCE AMENDMENT RELATING TO THE SALE OF VEHICLES ON PUBLIC AND PRIVATE PROPERTY, PUBLIC HEARING CASE NO OA 96-7, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. ..............._-,_..--.-.-..-.............".,._-------.-.-........,"',.............._-----------_....-....._----_......_----.------....."-.,,..-----.-.-,---.-.--...,...."".,.............. 5......~.~.1... .......f?jss8~~i()n..~r~irl9rlB~~~~9~rD~l'It.J\II()\Ving~9rri~r~i9t1~lp~l.fstrl()J[)~y~tg~ro~f1t WithintheUl'bdhServiceAt'edPribrtOGitYWdtEkdhdsewei' Staff report by Steve Ach. Over the past several months, the City has been meeting with LeFebvre and Morrell Trucking to discuss the possibility of developing two parcels of land along 171 st to accommodate the relocation of both of the trucking operations. The location of which the two trucking businesses would like to relocate is within the City's urban service boundary. However, since city utilities are not immediately available, the current ordinance would not allow development. In order to allow this development to occur, the City Council will need to either amend the city ordinance allowing development prior to city water and sewer, or make some other special provision for LeFebvre and Morrell Trucking without amending the entire ordinance. Even though the Planning Commission has requested that the ordinance amendment be tabled indefinitely, State Statutes have provisions allowing the City Council to take action following the elapse of 60 days from the date of reference of the amendment without a report by the Planning Commission. . Commissioner Minton commented that the Planning Commission has discussed . . . Planning Commission Minutes May 28, 1996 Page 18 this and the main concern with Commissioner Minton was that the City Attorney was not able to design a firm commitment on the part of the builders to hook up water and sewer. If that can not be done Commissioner Minton would consider this a difficult thing to do. Commissioner Minton stated he does not want to see these two businesses move some place else. Commissioner Minton sees them moving from their current place to 171 st and eventually going someplace else within the City where there won't be sewer and water. Chair Dillon stated it is not the intention of the two business not to hook up to sewer and water. Commissioner Minton stated these businesses are land intensive businesses which have a very high assessment rate. Chair Dillon stated the trucking businesses are looking for the proximity to Highway 10. We have discussed this before to not allow development is to not allow the people who own the property to develop it if they chose. Chair Dillon stated discussion was made regarding this issue at a joint Planning Commission and City Council meeting and the Council knows where the Planning Commission is. ...........................-..........--...--.--.,.-..---.-.-....................................... ..."'......................--......................------..--.................................-..........---........ 5Jl.S............ .()lscussJ:)el"fdrmance<sforM:lOl"ds/Hidhwav...10............. . Staff report by Scott Harlicker. Two options were presented, a highway corridor overlay zone and incorporate design standards into the existing highway commercial zone. The benefits and disadvantages of both were discussed. The Planning Commission would like to discuss this issue further at its June workshop. Staff report by Scott Harlicker. Staff reviewed a revised list of permitted and conditional uses for the 11 and 12 zones and a list of uses that are currently allowed. To the extent possible, the list of proposed uses in the 12 zone is cumulative and include those uses proposed for the 11 zone. Scott Harlicker, Planning Assistant will bring this back as a formal amendment. ...............................,'.'................,',.,.............,.,.........................,.,......................-.-.-.......-...-.....'...-.-......,'.-...-.-.-.-.-.-...-.-..,.,............- ..,....-.-.'.'...-.-..,-.-.-.-...-...-.............-.-...........................................'...................:-._...-:-:---:-:.:':.:.;.:.-.-.........:..,... &17. ............OiscusSioH..;.gdWHShdbSdSd...C6ndiftonol.Use..ih..CdmmerCidlZone............ Staff report by Scott Harlicker. The staff is in the process of updating the licensing procedure for pawn shops. As part of this process staff is looking at whether pawn shops should be considered a permitted retail use or allowed as a conditional use and in what zones they should be allowed. Under the existing ordinance, the issue of where pawn shops are allowed is not addressed. In the past they have been treated as a permitted retail use. . . . Planning Commission Minutes May 28, 1996 Page 19 There are three primary planning issues that need to be addressed: . Should pawn shops be allowed as a permitted retail use or as a conditional use . In which zones should they be located . Under what conditions should they be allowed Le. setbacks from other land uses, hours of operations and outdoor storage Chair Dillon would like to see licensing of pawn shops as a conditional use permit and would like to keep it in the industrial zone. Commissioner Minton would like to have similar restriction as those currently in place for sexually orientated land uses. Commissioner Kuester would like the pawn shops in a publicly viewed place. Chair Dillon would like to see it similar to Big Lake. This would require a conditional use permit. restrictions on the hours of operation and setbacks with churches, schools, and daycares. ..."",..................................."""........."".................",.........................."...",.........-----.----_.............""........... .4~..... .......... .........ploHnihd..Cornmlssionei'..RePtesentHfivetOAftendKil.7196 CiW. Council. MeefiHb Commissioner Minton will attend the June 17, 1996 City Council meeting. None. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Planning Commission adjourned at 11 :50p.m. Respectfully submitted, J1iChcliL /)w~ Michelle Dwyer Recording Secretary