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01-24-1995 PC MIN . . . '. ~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 24,1995 Members Present: Vice Chair Kreger, Commissioners Minton, Sullivan, Tacheny, and Thompson. Commissioner Dillon arrived at 7:03 p.m. Chair Kuester arrived at 8:42 p.m. Members Absent: None Staff Present: Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant; Troy Langer, Planning Intern; 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 p.m. by Vice Chair Kreger. The following items were added to the 1/24/95 Planning Commission Agenda: 6.1. Commissioner Minton Report on 1/23/95 City Council Meeting 6.2. National Planning Conference Information COMMISSIONER MINTON MOVED TO APPROVE THE 1/24//95 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED TO APPROVE THE 12/27/95 PLANNING COMMISSION MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. ......"..............................___.________...._n______.____________..._._________.... _ ___ ______________ ______....................................................... 4.Plonnirld@OmmissiorlReoresel1tofivetoAftel1d212Zl95icitVCoUr'lCiIMeetiria Commissioner Kreger will attend the 2127/95 City Council meeting. 5.2. /..conslder.Frolohd..VorlanceReQUesf,.PUbliC..WearlHa..case...NO.V.94-1.Z Staff report by Troy Langer. Anthony Froland, 10311 181 st Avenue NW, is requesting a 693 sq. ft. variance from the accessory structure size requirement and a conditional use permit to construct an accessory structure within the Planning Commission Minutes January 24, 1995 Page 2 . floodway district. The property is zoned R 1 a (Single Family Residential). Mr. Froland began construction of the accessory structure in 1994 without a building permit. He was issued a stop order by the Building and Zoning department. Construction continued without a permit and a second stop order was issued. Denial of the variance and/or conditional use permit may require removal of the addition. The proposed addition is 3D' by 3D' for a total of 900' square feet. The existing and garage and accessory structures total 1,793 square feet. With the proposed addition, the total accessory strucutre area would be 2,693 square feet. This amount exceeds the current limit of 2,000 square feet by 693 square feet. Also, Mr. Froland's proposed addition would be located within the floodway district. His existing home and accessory buildings are also located within the floodway, but were on the property before the current floodway map was adopted. The DNR recommendations regarding this request are included in staff's recommendations. Troy Langer expressed staff's concern for the creating a potential precedent, in light of the fact that Mr. Froland did not take the necessary steps to obtain approval before starting construction. He added that Mr. Froland owns 40 acres, which the applicant states is divided into two 20 acre parcels because of mortgage requirements. Troy stated that staff is recommending approval of the variance and conditional use permit based on the facts and conditions outlined in the report to the Planning Commission dated January 24, 1995. . Anthony Froland stated that when he applied for a permits for the two existing accessory structures, he was told that based upon his acreage, the permits were approved at no charge. He stated the inspector told him that the City merely wanted to be informed of what he was doing. He stated that at the time he applied for a permit for the 3D' by 3D' building, he informed staff that his intention was to have a 3D' by 60' building but that he could not afford to build it at that time. He added that the one end of the building was constructed of wood so that he could add on to it in the future. He stated that he felt the problem was that the regulations changed in March of 1994 and he was not aware of the changes. Vice Chair Kreger opened the public hearing. No comments were received from the audience. Vice Chair Kreger closed the public hearing. Commissioner Minton asked for clarification on the DNR requirements. Troy Langer stated that Mr. Froland would only be allowed to put siding on the addition from the top down to the flood elevation and would have to remain open at the bottom to allow flood waters to pass through. Mr. Froland asked if it would be permissible to place material along the bottom that could be easily removed. Gary Schmitz stated that he felt that would be acceptable. Commissioner Kreger stated that the letter from the DNR specified that the exterior siding allow the free flow of water below the 1 DO-year flood level. Mr. Kreger added that he would interpret that to mean that no siding could be placed on the bottom but that chicken wire or similar material could be used. Mr. Froland explained that only one end of the building would be in the 1 DO-year flood level, approximately 16 inches up from the ground level. . Chair Minton stated that he was in favor of approving the variance since Mr. Froland is actively farming the land, with the stipulation that the building be dismantled if the property were subdivided into smaller lots in the future. Steve Planning Commission Minutes January 24, 1995 Page 3 . Ach stated that condition could be attached to either the conditional use or the variance request. Gary Schmitz explained that normally, agricultural uses require a minimal review by staff. He felt that Mr. Froland was under the impression that since his property is being used for agricultural purposes, the building addition would be considered as an accessory building in an agricultural zone. Commissioner Kreger questioned whether or not his neighbors can see the subject building from their property. Mr. Froland stated that it would be visible to his neighbor on the south. Commissioner Kreger questioned the use of the property. Mr. Froland stated that he has been farming since 1989 and that he was not aware the zoning had changed from A 1 to R 1 a until he was contacted by staff. Commissioner Kreger questioned whether Mr. Froland has considered relocating the building. Mr. Froland stated that the original building has been in the floodplain for approximately 5 years and he has not had a problem to date. Mr. Froland explained that he planned to use the proposed addition for hay storage and would need to figure out a way to store it off the floor. COMMISSIONER MINTON MOVED TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE 693 FOOT VARIANCE REQUEST BY ANTHONY FROLAND FOR AN ACCESSORY BUILDING ADDITION (PUBLIC HEARING CASE NO. V 94-17), BASED UPON THE FOLLOWING FINDINGS: 1. THE LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER SIMILAR RIGHTS ENJOYED BY OTHER LARGE AGRICULTURAL PROPERTIES IN THE R1A ZONING DISTRICT. . 2. BECAUSE OF THE UNIQUE SIZE OF THE PROPERTY, FORTY (40) ACRES, IN AN R1A ZONING DISTRICT, LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER THE ABILITY TO MAINTAIN AN AGRICULTURAL USE, WHICH REQUIRES LARGER ACCESSORY STRUCTURES. 3. THE ACCESSORY STRUCTURE WILL NOT BE INJURIOUS TO THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY. AND FURTHER, THAT IF THE SUBJECT PROPERTY IS SUBDIVIDED IN THE FUTURE, IT WOULD BE REQUIRED THAT THE BUILDING BE DISMANTLED. Commissioner Minton expressed his concern that the applicant began construction without first obtaining a building permit, and then continued construction after a stop order was issued. He added that he wished to make it clear to the public that the Planning Commission has no intention of setting a precedent for allowing residents to begin construction without obtaining the necessary permits. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . COMMISSIONER MINTON MOVED TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT FOR MR. FROLAND TO CONSTRUCT A THIRTY (30) FOOT ADDITION TO AN EXISTING ACCESSORY STRUCTURE LOCATED WITHIN THE FLOODWAY DISTRICT (PUBLIC HEARING CASE NO. CU 94-38), WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes January 24, 1995 Page 4 . 1. THE ACCESSORY STRUCTURE REMAINS A "POLE TYPE" BUILDING AND THERE BE NO EXTERIOR SIDING BELOW THE ONE-HUNDRED (100) YEAR FLOOD LEVEL TO ALLOW THE FREE FLOW OF WATER. 2. NO FURTHER ALTERATIONS AND/OR MODIFICATIONS SHALL OCCUR ON THE ABOVE-MENTIONED ACCESSORY STRUCTURE. 3. IN CASE OF A FLOOD AND/OR IN FLOODING CONDITIONS, ALL MATERIAL LOCATED WITHIN THE ABOVE-MENTIONED ACCESSORY STRUCTURE THAT MAY IMPEDE THE FREE FLOW OF WATER, BE IMMEDIATELY REMOVED SO AS TO NOT CAUSE AN INCREASE IN THE ONE-HUNDRED (100) YEAR FLOOD STAGE. AND, CITING INFORMATION IN STAFF'S REPORT TO THE PLANNING COMMISSION, AND THE FACT THAT THERE WAS NO OPPOSITION FROM THE PUBLIC, AS REASONS FOR APPROVING THE REQUEST. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.$.. .........",............ --------.---.--.......""............"""""""""""""............""."..-,...-----_...............""""". GonsIOefLetebvreVcll"ianceRedGesf,pilibli6HearindCaseNOiV94..18 . Staff report by Gary Schmitz. Mr. LeFebvre has requested a 356 square foot variance to exceed the maximum size of accessory structure area. The approximately 1 acre property is located at 19922 Ulysses Street. The site is currently zoned R 1 a which allows for 2,000 square feet of attached and detached accessory structure area. Mr. LeFebvre has an attached 24 ft. by 24 ft. (576 sq. ft. ) 2-car garage and a 26 ft. by 30 ft. (780 sq. ft.) detached garage. The applicant wishes to add a 20 ft. by 50 ft. (1,000 sq. ft.) addition to the existing detached garage for the purpose of storing his motor home. Gary explained that staff was unable to apply the five standards for a variance, as there are no special conditions or circumstances which are peculiar to the subject site. He stated that if the Planning Commission feels this is a valid request, it may be more appropriate to amend the ordinance to allow an increase in accessory structure space. Gary noted that the standards were amended in March 1994, due to the high number of requests for conditional use permits to exceed the maximum. He explained that staff has received an increasing number of complaints regarding the large number of accessory structures and also, complaints of businesses operating out of accessory structures in residential areas. Gary noted that staff also receives complaints that the City does not allow adequate accessory structure space. Vice Chair Kreger opened the public hearing. No comments were received from the public. Vice Chair Kreger closed the public hearing. Commissioner Minton indicated that he would be in favor of reviewing the R 1 a accessory structure standards in the future. He stated that he did not feel there was a good reason to support the variance, since the lot was only one acre in size in a zoning district that has a minimum lot size of 2-1/2 acres. . COMMISSIONER TACHENY MOVED TO RECOMMEND THAT THE CITY COUNCIL DENY THE REQUEST BY PAUL LEFEBVRE FOR A 356 SQUARE FOOT VARIANCE TO EXCEED THE MAXIMUM SIZE OF ACCESSORY STRUCTURE AREA, PUBLIC HEARING CASE NO. V 94- 18, BASED ON THE FOLLOWING FINDINGS: Planning Commission Minutes January 24, 1995 Page 5 . 1. LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WILL NOT DEPRIVE THE PETITIONER OF SUBSTANTIAL PROPERTY RIGHTS, AS HE IS STILL ALLOWED TO BUILD 2,000 SQ. FT. FOR ACCESSORY STRUCTURE. 2. OTHER PROPERTY OWNERS IN THIS AREA ARE ALSO SUBJECT TO THE SAME REQUIREMENTS FOR ACCESSORY STRUCTURES, THEREFORE, THE SITUATION IS NOT UNIQUE TO MR. LEFEBVRE'S PROPERTY. THERE ARE NO SPECIAL CONDITIONS OR CIRCUMSTANCES WHICH ARE PECULIAR TO THE LAND OR STRUCTURE CAUSING THE NEED FOR A VARIANCE. 3. THE 2,000 SQ. FT. ACCESSORY STRUCTURE AREA STANDARD WAS DEVELOPED FOR THE R1A ZONING DISTRICT WHERE THE MINIMUM LOT SIZE IS 2-1/2 ACRES. MR. LEFEBVRE'S PARCEL IS A NONCONFORMING LOT IN THAT IT ONLY HAS ONE ACRE, YET HE IS STILL ALLOWED TO BUILD TO THE SAME STANDARD AS THE LARGER LOTS IN THAT DISTRICT. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. GbnsidefKoohConHitlonall..lsepermifRegUeSf!publlCPlearirkrCaseNo.CU9W.39 . Staff report by Gary Schmitz. Charlotte Koon has requested a conditional use permit to operate a therapeutic massage business from the Martin Plaza building located at 934 Highway 10 (north of Highway 10 and east of Proctor Avenue). The property is currently zoned C3 (Highway Commercial). Ms. Koon will be obtaining a therapeutic massage license from the City, as required by City ordinance. The license process involves a background check and is renewed on a yearly basis. The business will be located in the basement of the Martin Plaza building. The applicant has stated she will be providing full body massages and seated chair massages on Tuesdays, Thursdays, Fridays and Saturdays. There will be a minimal amount of traffic generated from the business, as the appointments will last from 1/2 to 1-1/2 hours, with 1/2 hour allowed for changing time. The applicant will be licensed by the State of Minnesota in February, 1995. Gary Schmitz stated that the Martin Plaza site currently has a Class 5 parking lot and does not meet requirements for other site plan issues such as landscaping. He stated that staff feels the proposed use is relatively small and it would not be necessary to require hard-surfacing the parking lot or meet specific site plan requirements at this time. He noted that building health and safety issues would need to be addressed, such as electrical inspections, handicapped accessibility, and septic problems. Gary stated that staff recommends approval of the request with the condition that the massage license be granted by the City, and also, that outstanding building code issues be addressed prior to operating the business. Vice Chair Kreger opened the public hearing. There being no comments from the public, Vice Chair Kreger closed the public hearing. . Gary Schmitz explained that the building code issues would need to be addressed in order for the building official to sign off on the State license. Commissioner Minton stated that he was not in favor of attaching the building code issues to the conditional use permit, since it was a requirement of the State license. Planning Commission Minutes January 24, 1995 Page 6 . The owner of the building, Chip Martin, stated that the electrical work would be done by an electrician and inspected by the State electrical inspector. He explained that the property could be hooked up to city sewer and water in the spring, and also, a ramp to meet handicap accessibility requirements. COMMISSIONER SULLIVAN MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY CHARLOTTE KOON, PUBLIC HEARING CASE NO. CU 94-39, WITH THE FOLLOWING CONDITION: 1. THE APPLICANT RECEIVES APPROVAL OF A THERAPEUTIC MASSAGE LICENSE BY THE CITY COUNCIL. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . Staff report by Steve Ach. Country Ridge has requested a preliminary plat to subdivide approximately 37 acres into three (3) lots and two (2) outlots, located at the southwest corner of Highway 10 and Joplin Street alignment. Property is zoned BP (Business Park) with a land use of LI (Light Industrial). Steve noted that the plat was slightly modified after the Planning Commission packets were sent out, in accordance with studies done by the City Engineer relating to traffic movement and future signalization needs. The lot located south of Highway 10 and west of Joplin is the proposed site for a convenience center. The second lot is the proposed location of a two-story office building, and the developers are proposing a commercial use such as a sit-down restaurant for the third lot. Steve explained that the two-story office building is a permitted use in the Business Park zoning and therefore, will not require Planning Commission review. The remainder of the property is platted as an outlot to provide an opportunity for future development. Steve Ach that explained that a sidewalk is proposed to extend along the west side of Joplin up to Highway 10, and a trail that would continue up the east side of Joplin to Highway 10, possibly extending east toward Orono Park. He added that the Park and Recreation Commission recommended a ten foot wide bituminous trail or an eight foot wide concrete sidewalk along Business Center Drive. Steve explained that a typical 6 foot wide concrete sidewalk is proposed along Joplin and that is what staff is recommending for Business Center Drive. Steve explained the condition that Outlot A be deeded to the City would need to be modified to include Outlots C and D for future road improvements and drainage purposes. . Terry Maurer, City Engineer, provided an overview of the proposed frontage road system for the West Highway 10 area. He proposed that the Joplin/Highway 10 intersection will be a full, signalized intersection with a left turn, right turn and through lane from any given direction. He added that at some point in time, the south frontage road will be signalized and extend through the fairgrounds property. He stated that the Park and Rec Commission has proposed a cul-de- sac at Gary Street or Orono Road to minimize traffic flow open for pedestrian movements. Terry stated that he would recommend a 4 lane, 52 foot wide Planning Commission Minutes January 24, 1995 Page 7 . system, to bypass traffic turning left and right, and would also support larger vehicles such as trucks. Terry Maurer also explained the Waco Street/Highway 10 intersection is proposed to be a full, signalized intersection at the south frontage road. He noted that the City Council has proposed that a bridge be constructed on Waco Street north of Highway 10 and eventually line up with Zebulon Street. Terry Maurer stated that he anticipated the north frontage road proposed as part of the Hartman and Guardian Angels developments will line up with the Joplin Street and Highway 10 intersection. Terry Maurer explained that the City will be requesting Mn/DOT's assistance in the construction of the above-mentioned signalized intersections and frontage roads. In exchange, the City would be willing to close some of the existing medians that are open on Highway 10. Steve Ach explained language changes in staff recommendations. He noted that staff is recommending that park dedication be paid on the three commercial lots and no additional park dedication would be required on the remaining outlots. . Jay Johnson, Country Ridge Partnership of Coon Rapids, MN, expressed his feeling that the park dedication requirement on the three lots is unfair, stating that 7.2 acres in one area has already been dedicated for park land, and an additional 3 acre parcel in the south 30 acres. He further stated that Mr. Emmerich feels the $1,500 per acre park dedication for Business Park-zoned property is outrageous. Mr. Johnson added that Mr. Emmerich felt there should be some sort of compensation or credit for deeding Outlot A (.98 acres) to the City for drainage. It was noted that Outlots C and D are needed by U.S. West for right-of-way so that the Fairgrounds would not be cut off. Vice Chair Kreger opened the public hearing. There being no comments from the public, Vice Chair Kreger closed the public hearing. Terry Maurer explained that Outlot A will be used for drainage, and that if the frontage road were extended in the future, Outlot A could be expanded into a larger drainage pond. Also, the outlot would have been necessary for right-of- way to provide access for the Cenex property, if the frontage road were extended in the future. Terry explained that the revised plat provides for right-of- way and therefore, addresses that concern. Discussion followed regarding the value of Outlot A and property tax issues. Terry Maurer suggested that the status of Outlot A be addressed at the City Council. . Further discussion followed regarding proposed sidewalks and trails. Vice Chair Kreger suggested that the Planning Commission consider recommending the park dedication be waived and ask the developer to put in a 10 foot wide sidewalk. He felt that this would be a compromise to satisfy both the developer and the Park and Recreation Commission. Vice Chair Kreger stated the City may be subject to legal challenge by requiring a park dedication fee for these Planning Commission Minutes January 24, 1995 Page 8 . lots, since the ordinance does not address park dedication in the Business Park zoning district. Terry Maurer stated that he telt there would be adequate right-ot- way to accommodate a wider sidewalk. Commissioner Kuester arrived at this time (8:42 p.m.) COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE PRELIMINARY PLAT PRESENTED BY COUNTRY RIDGE PARTNERSHIP, PUBLIC HEARING CASE NO. P 94-14, BASED ON THE INFORMATION CONTAINED IN STAFF'S REPORT TO THE PLANNING COMMISSION DATED 1/24/95, THE FACT THAT THERE WAS NO ADVERSE RESPONSE FROM THE PUBLIC, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS IN TERRY MAURER'S MEMO DATED 1/19/95 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT DRAWINGS. 2. COORDINATION WITH U.S. WEST TO ESTABLISH A CORRIDOR ALONG WITH THE CONSTRUCTION OF JOPLIN BE ACCOMPLISHED. 3. A DECORATIVE STREET LIGHT BE INSTALLED ALONG JOPLIN AND BUSINESS CENTER DRIVE. THIS STREET LIGHT DETAIL SHALL BE COORDINATED WITH ELK RIVER UTILITIES AND THE CITY ENGINEER DURING THE PREPARATION OF PLANS AND SPECIFICATIONS. 4. . 5. 6. 7. 8. 9. 10. 11. 12. . A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $720 PER ACRE BE PAID PRIOR TO THE RELEASE OF THE FINAL PLAT FOR RECORDING. A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS FOR THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROPOSED PRELIMINARY PLAT BE PREPARED AND EXECUTED PRIOR TO THE RELEASE OF FINAL PLAT FOR RECORDING. THE DISPOSITION OF OUTLOTS A, C, AND D BE NEGOTIATED PRIOR TO THE CITY COUNCIL'S REVIEW OF THE ITEM AT THEIR FEBRUARY 27, 1995 MEETING. APPROPRIATE PERMITS FROM MN/DOT BE OBTAINED FOR ANY WORK WITHIN THE RIGHT-OF-WAY. RESTRICTED ACCESS ALONG HIGHWAY 10 BE INCLUDED ON THE FINAL PLAT. APPROPRIATE EASEMENTS FOR DRAINAGE AND UTILITIES BE PROVIDED AS REQUESTED BY ELK RIVER UTILITIES AND CITY ENGINEER. AN EIGHT (8) FOOT (OR GREATER) SIDEWALK BE PROVIDED ALONG THE SOUTH SIDE OF BUSINESS CENTER DRIVE. THE WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO THE ELK RIVER MUNICIPAL UTILITIES. PAYMENT OF THE SEALCOATING FEE FOR BUSINESS PARK DRIVE AS ESTIMATED BY THE CITY ENGINEER, TERRY MAURER. . . . Planning Commission Minutes January 24, 1995 Page 9 COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. COMMISSIONER KUESTER ABSTAINED AS SHE WAS NOT PRESENT FOR THE DISCUSSION ON THIS ITEM. staff report by Steve Ach. River Woods Development Corporation is requesting a conditional use permit to construct a 19,000 square foot convenience center, along with a zero lot line development for a shared driveway. Subject property is located at the southwest corner of Highway 10 and Joplin Street extension, directly west of the Cenex Station. The Business Park zoning allows for a limited amount of commercial use, with a maximum building size of 20,000 square feet. Steve noted that the proposal fits the criteria of the Business Park zoning standards for accessory commercial uses. Steve Ach highlighted the following areas of concern: Parkinq and Circulation -Location and design of "right-in only" entrance to the convenience center on Joplin -Possible creation of an island to define drive aisles and parking area -Entrance and exit for drive-up window -Entrance and exit for car wash -Location of gas pumps to encourage traffic movement from the pumps through the convenience center -Define traffic movement behind the building Landscapinq -Recommend screening of back of convenience center and plantings along Highway 10 -Sidewalk to provide connection from Joplin into the parking area -Signage package should be submitted to the City Council with this request Elevation -Elevation as presented meets or exceeds staff's expectations; very satisified with proposal as presented. Dan Richmond, River Woods Development Corporation, 1500 Jackson St. NE, Minneapolis, MN provided comments on the issues pointed out by staff as follows: -There will be approximately 20 feet of space for cars to move in after exiting the car wash. -The convenience store has also requested that the pumps be turned in order Planning Commission Minutes January 24, 1995 Page 10 . to read license plates of cars at the pumps. -The "right-in" only will be clearly marked with signage and by painting on the roadway. -Angle sidewalk will be provided to access the center from the residential area. -Approximately 111 parking stalls will be provided. -Division will be provided at the drive-up window; also the lanes will be marked. -Elk River convenience center will be a prototype of the Champlin store, with a two courses of rock-face block, and the remaining will be brick. -The developer has no problem with providing more trees as suggested by staff. -Prospective tenants include Bachmann's, LeAnn Chins, Kinkos, another floral business, Cimex Meats, Elk River Meats and Subway, and the convenience store may be a Fina, Conoco or possibly a Holiday. Businesses interested in the professional building include an agricultural farm office, title companies, law offices, an orthodontist, a dentist, and physician and an MRI office. Restaurants inquiring about the adjacent site include Champs, Joe Sensors, Bob Lurtzemas, and the Olive Garden. . Terry Herman, of John Oliver and Associates, stated that they have modified the design of the "right-in only" to address staff's concerns. He added that he felt the other conditions mentioned were workable and could be accommodated into the site plan. Dan Richmond stated that a sign package is being prepared and will be submitted prior to City Council review. He expressed the developer's desire for a pylon sign, lighted on both sides, that would be visible from the Highway. Steve Ach explained that the business park sign ordinance deals with industrial signage and does not address commercial signage within the business park. Vice Chair Kreger opened the public. There being no comments from the public, Vice Chair Kreger closed the public hearing. Discussion followed regarding the concern for visibility of people existing the car wash. Commissioner Minton expressed concern that the roadway behind the building be clearly marked for "one way" traffic. Further discussion followed regarding the drive-up window, signage of the site, and landscaping and berming of the trash removal area. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY RIVER WOODS DEVELOPMENT CORPORATION TO CONSTRUCT A 19,000 SQUARE FOOT CONVENIENCE CENTER, PUBLIC HEARING CASE NO. CU 94-40, WITH THE FOLLOWING CONDITIONS: 1. ALL OF THE COMMENTS CONTAINED IN STAFF'S REPORT TO THE PLANNING COMMISSION DATED 1/24/95 BE INCLUDED IN THE REVISED PLANS AND SUBMITTED FOR REVIEW PRIOR TO ISSUANCE OF A BUILDING PERMIT. . Planning Commission Minutes January 24, 1995 Page 11 . 2. ALL OF THE COMMENTS WITHIN TERRY MAURER'S MEMO DATED 1/19/95 BE INCLUDED IN THE REVISED SET OF PLANS. 3. A SIGN PACKAGE BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL MEETING ON 2/27/95. BASED ON THE FACT THAT THERE WAS NO OPPOSITION FROM THE PUBLIC. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. fJ!1.()()nSj9~t()it~()ftlk~jv€:rgr~ih@ne~?'>m@9(jrr1~ntt9~~ptiOn9()O.24"E9rl<:lqgqh9i LOddihd...RedOitemehts/P0bljc..Hedril'1d..Gdse..No~..OA..94404 . . Vice Chair Kreger opened the public hearing. There being no comments from the public, Vice Chair Kreger closed the public hearing. Vice Chair Kreqer's comments Page 4, 9.C. - would like language added to exempt heavy construction activities from the requirement for hard surfacing, where it would present a hardship due to the uniqueness of the business. Page 5, 11. - Paragraph not needed. Page 7, 12B, I - Remove . Page 7, ix, - 250 feet Table A be placed by other table. Discussion followed regarding Pg. 10. 13(d) - Screening of overhead doors - said screening "May" be accomplished...... to be added. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT TO SECTION 900.24 - PARKING AND LOADING REQUIREMENTS, PUBLIC HEARING CASE NO. OA 94-04, WITH THE CHANGES AS NOTED ABOVE. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.1 . City Council Meetina The 4th Monday in March is a tentative date for the joint meeting of the Planning Commission and City Council. 6.2. 1995 Annual Planninq Conference Steve Ach report that the conference will be held April 8th through the 12th. Commissioners Dillon, Thompson and Tacheny expressed interest in attending the conference. . . . . Planning Commission Minutes January 24, 1995 Page 12 .7. Adjournment There being no further business, COMMISSIONER SULLIVAN MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:55 p.m. Respectfully submitted, Debbie Kleckner Planning Secretary