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06-21-1994 PC MIN . SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 21, 1994 Members Present: Chairman Tveite, Commissioners Eberley, Kuester, Minton, and Tacheny, Kreger (arrived at 7:04 p.m.) Members Absent: Commissioner Carr staff Present: Steven B. Ach, City Planner, Gary Schmitz, Planning Assistant, Terry Maurer, City Engineer, Catherine Schmidt, Recording Secretary. Pursuant to due call and notice thereof, the Special meeting of the Elk River Planning Commission was called to order at 7 p.m. by Chairman Tveite. . Commissioner T acheny added 4.1 - Update the Planning Commission regarding the 6/20/94 City Council meeting. COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 6/21/94 PLANNING COMMISSION AGENDA. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. ............."",............"",..."",.....................""".",...."..... .........................".....................................",...................... 3;199@si~~f9g()l1dJtic@qlt.J~~E~rrllltg~qq~~~~y[)()r~~HY.i91~f(;irnilyg9rtr1~rshirW fh.JOlidHedrtng>CdseNO.Ct19'.4kFF Staff report presented by Steve Ach. Darkenwald Family Partnership requested a conditional use permit to construct a 19,900 square foot automobile repair facility in addition to having multiple buildings on one parcel. John Weicht, John Weicht & Associates, addressed the Planning Commission regarding the revised site plan, parking, JR Tech's overhead doors, screening and the developers desire to work with the Guardian Angels facility. Chairman Tveite opened the public hearing. Sherri Emerson, Guardian Angels, discussed the landscaping and Guardian Angels' willingness to work with the developers, however, Guardian Angels is still opposed to JR Tech having the overhead doors (noise concern). . Carol Mills, Guardian Angels, stated Guardian Angels was built before the commercial zoning was established along Highway 169 and wanted the record Planning Commission Minutes June 21, 1994 Page 2 . to reflect she felt this proposed request was an inappropriate use being so close to the Care Center. Arlon Fuchs, 266 Elk Hills Drive, Elk River, discussed the condition added to ABRA Auto (no outdoor storage be allowed) also be applied to JR Tech. Mr. Fuchs stated that the parking and greenspace did not seem to be increased on this revised site plan and suggested the developer remove the JR Tech business from the site plan. Removing JR Tech would alleviate noise concerns and would increase parking and greenspace. Eleanor Todahl, 280 Evans, Elk River, is a resident of Angel Ridge. Ms. Todahl explained that she recently had her car repaired and the noise level that created was very disturbing. Ms. Todahl is opposed to this request. John Weicht, John Weicht & Associates, explained that JR Tech is one of the parcel owners and would not likely be removed from the proposal. There being no further comments from the public, Chairman Tveite closed the public hearing. Chairman Tveite asked Terry Maurer to clarify the revised site plan regarding grading and greenspace. Mr. Maurer responded. . Commissioner Minton asked John Weicht about staff's concern regarding the density of the proposed project. Mr. Weicht responded that Little Caesar's was eliminated to reduce the density of the project effectively. Steve Ach reviewed the parking requirements as per City ordinance. Commissioner Kreger asked developer John Darkenwald about the landscaping requirements and questioned if greenspace would be reduced if the Pizza Hut decides to expand. Mr. Darkenwald stated that Pizza Hut could not expand without requesting a conditional use permit from the City. Steve Ach explained that a Class 1 restaurant did not need a conditional use permit as it is a permitted use however, a variance may be required. Discussion ensued. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY DARKENWALD FAMILY PARTNERSHIP TO CONSTRUCT A 19,900 SQUARE FOOT AUTOMOBILE REPAIR FACILITY IN ADDITION TO HAVING MULTIPLE BUILDINGS ON ONE PARCEL, PUBLIC HEARING, CASE NO. CU 94- 11, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED ELIMINATING CONDITION #2 IN STAFF'S MEMO AND ADDING THREE ADDITIONAL CONDITIONS: 1. ALL OF TERRY MAURER'S COMMENTS OUTLINED IN MEMOS DATED APRIL 15, MAY 19, AND JUNE 16, 1994, BE MADE PART OF THE REVISED PLANS IN THIS CONDITIONAL USE PERMIT. . Planning Commission Minutes June 21, 1994 Page 3 . 2. AN INCREASE OF LANDSCAPING (CONIFERS) BE PROVIDED ALONG THE WEST PROPERTY LINE TO ESTABLISH A BUFFER BETWEEN THE TWO LAND USES. 3. NECESSARY IMPROVEMENTS TO CARSON AND MAIN STREET BE COMPLETED PRIOR TO OCCUPANCY OF THE PROPOSED BUSINESSES. 4. ONE MONUMENT STYLE SIGN IDENTIFYING THE PROJECT AND TENANTS WITH A MAXIMUM HEIGHT OF 24 FEET BE ALLOWED. 5. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS WITH SIZES AS PRESENTED BY THE DEVELOPER BE PERMITTED. 6. NO OUTDOOR STORAGE OF MERCHANDISE OR AUTOMOBILE PARTS. 7. HOURS OF OPERATION BE CONSISTENT WITH THE LETTER SUBMITTED BY JIM BENSON DATED JUNE 6, 1994. 8. CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE PARKING AREA. 9. ADEQUATE TRAFFIC CONTROL/LANDSCAPE ISLANDS BE INCORPORATED INTO THE PARKING AREA AND MADE PART OF THE IMPROVED SIGHT PLANS. 10. NO SIGNAGE BE ALLOWED ON THE WEST ELEVATIONS OF ANY OF THE BUILDINGS. . 11. TRASH ENCLOSURES BE PROVIDED WHICH ARE LARGE ENOUGH TO CONTAIN ALL REFUSE COLLECTION AND RECYCLING ITEMS, AND BE SCREENED FROM PUBLIC VIEW. 12. UNDERGROUND IRRIGATION BE PROVIDED THROUGHOUT ALL LANDSCAPED AREAS. 13. PROPOSED LANDSCAPING MEET MINIMUM SIZE REQUIREMENTS AS STATED IN THE ORDINANCE. 14. ALL RETAINING WALLS BE CONSTRUCTED WITH A DECORATIVE BLOCK MATERIAL. 15. REAR DOOR ON JR TECH'S BUSINESS REMAIN CLOSED DURING NORMAL BUSINESS HOURS EXCEPT FOR MOVEMENT OF VEHICLES IN AND OUT. 16. THE DEVELOPER CONSIDER MOVING MR. MOVIES TO THE SOUTH AND REAPPORTIONING THAT GREENSPACE TO THE NORTH. COMMISSIONER EBERLEY SECONDED THE MOTION. Steve Ach stated staff would like to add an additional condition: 17. PAYMENT OF $600 PER ACRE FOR TRUNK STORM SEWER IMPROVEMENTS BE MADE PRIOR TO ISSUANCE OF A BUILDING PERMIT. . Planning Commission Minutes June 21, 1994 Page 4 . COMMISSIONERS KREGER AND EBERLEY APPROVED OF THE ADDITIONAL CONDITION. Commissioner Eberley stated for the record, Arlon Fuchs contacted her regarding this request and made comments similar to his statement tonight. Commissioner Eberley felt this should be noted in the record. Carol Mills stated Guardian Angels opposition to this request iterating several concerns, including the noise concern. Commissioner Eberley asked the developer about constructing a concrete building with better insulating capabilities. Commissioner Kreger suggested textured block. John Weicht responded. Discussion ensued. THE MOTION CARRIED 6-0. .--.-...---------.......-..............."..""......"........................................ 3i2@()r1sjq~,.cl~9hqP?~,.xtrl~r1dtrlenf()H~Z()he(jHq~gef()t8illsj~~g()trlrn~~(ji9Leu[) ........bvRWerside..DeVeloPmenf,.P0bliC;Heddnd..CdseNo..LUA9"pOA..dnd'ZC..9A..(J's. . Presented by Steve Ach. Riverside Development requested a rezoning of approximately one acre of property at the northeast corner of 193rd and Highway 169 from R1 e (Single Family Residential) to PUD (Planned Unit Development). For the record, Jeff Gongoll stated he did not feel that representing Riverside Development presented a conflict of interest since he is the president of the Economic Development Committee, City of Elk River. Jeff Gongoll reviewed the request. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE REQUEST FOR AN AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN CHANGING APPROXIMATELY ONE ACRE OF PROPERTY FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) BY RIVERSIDE DEVELOPMENT, PUBLIC HEARING, CASE NO. LUA 94-04, CITING STAFF'S MEMO AND ACCOMPANYING DOCUMENTS AS THE APPROPRIATE RATIONAL FOR THIS AMENDMENT. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE REQUEST FOR REZONING APPROXIMATELY ONE ACRE OF PROPERTY AT THE NORTHEAST CORNER OF 193RD AND HIGHWAY 169 FROM R1E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING, CASE NO. ZC 94-5, CITING STAFF'S MEMO AND AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. THE REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HB (HIGHWAY BUSINESS). . 2. THE REZONING IS A MINOR EXTENSION OF THE EXISTING COMMERCIAL ZONING AND LAND USE DESIGNATION, AND WILL NOT ADVERSELY IMPACT THE SURROUNDING PROPERTIES. Planning Commission Minutes June 21, 1994 Page 5 . 3. THE REZONING IS CONSISTENT WITH THE EXISTING GROWTH MANAGEMENT PLAN WHEREBY COMMERCIAL IS ANTICIPATED TO BE EXTENDED NORTH TO 197TH AVENUE. COMMISSIONER KREGER SECONDED THE MOTION ADDING CONDITION NUMBER 4: 4. THE REZONING REQUEST BE CONTINGENT UPON PLAT APPROVAL. COMMISSIONER EBERLEY APPROVED THE ADDED CONDITION. THE MOTION CARRIED 6-0. $.3(j()nsid~l'aq0t1CIifj$n()lt.1sePedTIHdn8prelirnit1()ry~latfcWHinsiCI~CrosstnOt>v RiVerSioeOevel()pmehbP6blibHearihg/CaseNO.Gl.J 94419 dRdp 944bi/ Staff report presented by Steve Ach. Riverside Development requested preliminary plat to subdivide approximately fourteen (14) acres into four (4) commercial lots and one outlot and a conditional use permit for development plan and site plan approval to develop a fourteen (14) acre commercial PUD known as Hillside Crossing. . Jeff Gongoll, representing Riverside Development, reviewed the project and the following issues were discussed: wetlands, the proposed tenants, the architect and engineering firm, and the proposed pond. Mr. Gongoll stated that the landscaping plan did not meet current City code, however, they did intent to revise the landscaping plan to meet current code. Regarding signage, Mr. Gongoll stated the tenants for this proposal have not been finalized, however, he did not foresee any problems with signage. Mr. Gongoll presented a west preliminary elevation of the proposal. Terry Maurer addressed traffic issues related with this proposal and 193rd Avenue. Chairman Tveite opened the public hearing. Tim Schmidt, Hillside Estates, expressed his concerns regarding noise and increased traffic on 193rd. Mr. Schmitt stated he is opposed to the size of the project and the project itself. Mike Brostad, Hillside Estates, expressed his concerns regarding the proposed berm, illumination from the lighting associated with this project, the proposed fence between this project and the residential area (who would be required to maintain this fence), truck traffic and associated noise, and storm drainage. Mr. Brostad stated this proposal seemed very vague and should be presented to the public with adequate details and finalized plans. Mike Supinger, 19423 Dodge St, Elk River, stated his concerns regarding the proposed berm and fence, illuminated signage, operating hours of a commercial project so close to a residential neighborhood, truck delivery hours, etc. . Chairman Tveite commented on condition #3 of the conditional use permit request requesting an overall development plan be approved. Chairman Tveite Planning Commission Minutes June 21, 1994 Page 6 . did not feel there was enough information provided for the proposal to make a decision at this meeting ( Le., the landscaping plan is not adequate and the proposed berm crosses property lines, a sign package should be included as this is a PUD for this entire project, grading and drainage plans, a lighting plan, elevations). Further, it is the function of the Planning Commission to review these types of plans prior to the City Council meetings, not pass this responsibility along to the City Council. Commissioner Eberley commented on the function of the Planning Commission iterating Chairman Tveite's concerns and adding that it is important to the community in terms of appearance and presentation that this project be presented as all other projects of this nature are required to be presented. Commissioner Kreger stated that he could make a recommendation regarding the preliminary plat but not the conditional use permit until further information can be provided. Jeff Gongoll replied that Riverside Development is prepared to do what it takes to ease the minds of the residential property owners and create something pleasing to all. Mr. Gongoll also addressed the traffic issues raised earlier in discussion. . Discussion by the Planning Commission continued including topics such as sidewalks, bike paths, proposed berm and fence, lowering the elevation of the entire project 1-2 feet, safety concerns relating to the proposed pond, retaining walls, the loading docks, etc. Jerry Hagen, County Market, addressed the Planning Commission stating this project is meant to enhance the community and thanked the Planning Commission for their flexibility. Mr. Hagen further stated that the timing of this project was crucial. The Planning Commission discussed the possibility the recommending approval of preliminary plat however, continuing the developers request for a conditional use permit until further information can be provided and reviewed. Discussion among the Planning Commission ensued. Chairman Tveite closed the public hearing regarding the preliminary plat. The public hearing regarding the conditional use permit was continued. COMMISSIONER KREGER RECOMMENDED APPROVAL OF PRELIMINARY PLAT TO SUBDIVIDE APPROXIMATELY FOURTEEN (14) ACRES INTO FOUR (4) COMMERCIAL LOTS AND ONE OUTLOT BY RIVERSIDE DEVELOPMENT, PUBLIC HEARING, CASE NO. P 94-07, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. INCORPORATE TERRY MAURER'S COMMENTS OUTLINED IN HIS MEMO DATED JUNE 15, 1994. . 2. EVANS AVENUE BE CONSTRUCTED TO THE NORTH LIMITS OF THE PLAT. Planning Commission Minutes June 21, 1994 Page 7 . 3. APPROPRIATE EASEMENTS BE INCLUDED ON THE PLAT AS REQUESTED BY ELK RIVER UTILITIES. 4. PAYMENT OF PARK DEDICATION BASED ON THE CITY'S COMMERCIAL RATE AT THE TIME OF FINAL PLAT. 5. A LETTER BE RECEIVED FROM ANOKA ELECTRIC STATING APPROPRIATE EASEMENTS HAVE BEEN PROVIDED ON THE PLAT TO ACCOMMODATE THEIR UTILITY NEEDS. 6. A SIX (6) FOOT WIDE CONCRETE SIDEWALK BE INCLUDED ON THE EAST SIDE OF EVANS STREET. 7. A LETTER BE SUBMITTED STATING THE STATUS OF POSSIBLE WETLAND AREAS ON SITE. THIS LETTER MUST BE SUBMITTED PRIOR TO FINAL PLAT. 8. DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 9. PAYMENT OF STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE BE PAID PRIOR TO RELEASING THE FINAL PLAT. COMMISSIONER MINTON SECONDED THE MOTION. . Steve Ach recommended adding a condition regarding street lights. Commissioner Tveite suggested the following: 10. FIVE (5) STREET LIGHTS TO BE PROVIDED CONSISTENT WITH THE STREET LIGHTS APPROVED IN THE CONDITIONAL USE PERMIT. THE MOTION CARRIED 6-0. COMMISSIONER KREGER MOVED TO CONTINUE THE REQUEST FOR A CONDITIONAL USE PERMIT BY RIVERSIDE DEVELOPMENT, PUBLIC HEARING, CASE NO. CU 94-19, TO THE JUNE 28, 1994, PLANNING COMMISSION MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Tacheny informed the Planning Commission that the City Council concurred with the Planning Commission's recommendations on all items before them at the June 20, 1994, City Council meeting. Also, Steve Ach presented the Planning Department's Annual Report. The City Council complimented the Planning Commission on their attendance and dedication and suggested other committees produce similar data of their attendance records. . Planning Commission Minutes June 21, 1994 Page 8 . There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 945 p.m. Respectfully submitted, (Jttlluhb~ In MlYidiJ Catherine M. Schmidt Recording Secretary . .