06-21-1994 PC MIN
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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.
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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.
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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).
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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
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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.
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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.
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Planning Commission Minutes
June 21, 1994
Page 3
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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.
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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.
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Planning Commission Minutes
June 21, 1994
Page 4
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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.
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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).
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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
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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.
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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.
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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.
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Chairman Tveite commented on condition #3 of the conditional use permit
request requesting an overall development plan be approved. Chairman Tveite
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June 21, 1994
Page 6
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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.
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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.
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2.
EVANS AVENUE BE CONSTRUCTED TO THE NORTH LIMITS OF THE PLAT.
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June 21, 1994
Page 7
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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.
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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.
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Planning Commission Minutes
June 21, 1994
Page 8
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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
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