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06-22-1993 PC MIN ~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER CITY HALL TUESDAY, JUNE 22, 1993 Members Present: Chairman Minton, Commissioners Kreger, Kuester, Spotts and Tveite. Members Absent: Commissioners Eberley and Emerson. Staff Present: Stephen Rohlf, Building and Zoning Administrator; Gary Schmitz, Recycling Coordinator; Catherine Schmidt, Recording Secretary 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:05 pm by Chairman Minton. 2. Consider Planning Commission Agenda COMMISSIONER SPOTTS MOVED TO APPROVE THE 6/22/93 PLANNING COMMISSION AGENDA. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. ~ 3. Consider Planning Commission Minutes Chairman state the Elk River Minton amended the 5/25/93 Planning Commission minutes to meeting was held at the Elk River City Hall not held at the Public Library. COMMISSIONER SPOTTS COMMISSION MINUTES. MOTION CARRIED 5-0. MOVED TO APPROVE COMMISSIONER TVEITE THE AMENDED 6/22/93 PLANNING SECONDED THE MOTION. THE Chairman Minton entered the Planning Commission Workshop Minutes, dated June 15, 1993, into public record. COMMISSIONER KREGER MOVED TO APPROVED THE 6/15/93 PLANNING COMMISSION WORKSHOP MINUTES. COMMISSIONER SPOTTS SECONDED THE MOTION. COMMISSIONER TVEITE ABSTAINED FROM VOTING AS HE WAS ABSENT FROM THE WORKSHOP. THE MOTION CARRIED 4-1-0. 4. Planning Commission Representative to Attend City Council Meeting It was indicated Chairman Minton would attend the 7/19/93 City Council meeting to be held at 6 p.m. the Elk River City Hall. 5. Consider a Conditional Use Permit Request by Metro Truck Equipment/ Public Hearing, Case No. CU 93-14 ~ Presented By: Stephen Rohlf. 15683 Jarvis Street, Elk River, however, the site plan was The applicant, Metro Truck Equipment, retained the services of an engineer, not complete before this meeting. Staff . . . Elk River Planning Commission Minutes June 22, 1993 Page 2 recommended this request be continued until the July 27, 1993, Planning Commission meeting. Chairman Minton opened the public hearing. COMMISSIONER SPOTTS MOVED TO CONTINUE THE PUBLIC HEARING TO THE JULY 27, 1993, PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER CITY HALL AT 7 P.M. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Consider a Conditional Use Permit Request by John Weicht/ Public Hearing, Case No. CU 93-13 Stephen Rohlf requested the Planning Commission delay this item until the applicant arrived (Item 7.1). 7. Consider an Amendment to a Conditional Use Permit by Assembly of God Church/Public Hearing, Case No. CU 93-16 Presented By: Stephen Rohlf. The applicant, Assembly of God Church (represented by Pastor Bill Matthews), 11800-196th Avenue NW, Elk River, requested an amendment to an existing conditional use permit to convert a garage into a house as well as additional signage. Mr. Rohlf reviewed the issues raised in staff's memo dated June 10, 1993. Chairman Minton thanked Pastor Matthews for his cooperation and assistance in resolving the outstanding stipulations from the existing conditional use permit and asked if the two lots would be combined. Pastor Matthews stated they would be combined. Chairman Minton opened the public hearing. Heidi Harrell, 11915-196th Circle, Elk River, requested clarification of the intended use of the converted garage. Pastor Matthews responded the garage would be converted into housing for staff. Ms. Harrell also questioned if items from the garage would be stored outside due to past problems with junk scattered about the property. Pastor Matthews replied that all items would be stored in existing sheds and/or garages and not outside. They are aware of past problems and will strive to keep the property visually appealing. Perry Mason, 11847-196th Avenue NW, rumor of the on-site daycare being moved know if this would be happening. Pastor Elk River, stated he has heard into this house and wanted to Matthews stated it would not. There being no further comments from the public, Chairman Minton closed the public hearing. For the record, Commissioner Kuester stated Sherburne County Abstract & Title Company made an error listing her address as being within 350 feet of the affected property. Chairman Kuester lives over 1 mile away from the affected property, therefore, has no conflict of interest with this request. . . . Elk River Planning Commission Minutes June 22, 1993 Page 3 COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF AMENDMENT TO THE CONDITIONAL USE PERMIT TO CONVERT A GARAGE INTO A DWELLING AS WELL AS ADDITIONAL SIGNAGE BY ASSEMBLY OF GOD CHURCH/PUBLIC HEARING, CASE NO. CU 93-16, CITING STAFF'S MEMO DATED JUNE 10, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. THE TOTAL SIGNAGE ALLOWED BE A MAXIMUM OF 96 SQ FT, LIMITED TO THE EAST ELEVATION OF THE BUILDING BELOW THE PARAPET LINE WITH BACKING TO ENSURE LIGHT DOES NOT SHINE TO THE WEST. THIS LIGHTING STIPULATION ALSO APPLIES TO THE PROPOSED CROSS. 2. THE GARAGE PROPOSED TO BE CONVERTED TO A HOUSE MEET ALL APPLICABLE CODES INCLUDING A BUILDING PERMIT, PERC TEST, ETC. FURTHER, THAT THIS HOUSE NOT BE DIVIDED INTO INDIVIDUAL UNITS, BUT IS ONE SINGLE FAMILY HOME. 3. THE REMAINDER OF THE OUTSTANDING STIPULATIONS FOR THE CHURCH ARE COMPLETED IN THE SUMMER OF 1993. 4. NO OUTSIDE STORAGE TO BE ALLOWED. Chairman Minton requested staff define "outside storage." Mr. Rohlf suggested that excess "outside storage" be interpreted by staff. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Consider a Conditional Use Permit Request by John Weicht/ Public Hearing, Case No. CU 93-13 Presented By: Stephen Rohlf. The applicant, John Weicht, Post Office Box 368, Elk River, proposed the construction of a bus terminal that would be operated by Bill Dickenson. This item was tabled from the May 25, 1993, Planning Commission meeting due to lack of details. Mr. Rohlf reviewed the issues raised in staff's memo dated June 16, 1993. John Weicht, PO Box 368, Elk River, discussed the fuel island and presented photos to the Planning Commission. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Chairman Minton requested Mr. Weicht show the Planning Commission where the dumpsters would be located. Mr. Weicht showed the Commission and presented a revised site plan. Chairman Minton stated that grading and drainage were technical issues and should be reviewed by the City Engineer prior to review by the Planning Commission or the City Council. Commissioner spotts suggested the primary concerns with this issue be identified. Discussion ensued. The consensus was the primary areas of concern were; 1) the pond and safety concerns for area children; 2) on-site water retention; 3) the City hiking trail. Commissioner Kreger expressed concern regarding the site plan for this request. He stated the site plan is still inadequate and it is Elk River Planning Commission Minutes June 22, 1993 Page 4 . difficult to make a decision based on the seven standards for a conditional use permit due to lack of details. Commissioner Kuester commented on the natural ponds and asked staff if they were to be identified on this revised site plan. Mr. Rohlf stated they were supposed to be identified. John Weicht explained where they were. COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT AND OPERATE A BUS TERMINAL BY JOHN WEICHT/ PUBLIC HEARING, CASE NO. CU 93-13, CITING STAFF'S MEMO DATED JUNE 16, 1993, SUBJECT TO THE STIPULATIONS AS LISTED IN STAFF'S MEMO. COMMISSIONER KUESTER SECONDED THE MOTION and added discussion regarding a possible radio tower. THE MOTION FAILED 1-4, COMMISSIONER SPOTTS FOR THE MOTION, COMMISSIONERS KREGER, KUESTER, TVEITE AND CHAIRMAN MINTON AGAINST. COMMISSIONER KREGER MOVED TO TABLE THE REQUEST UNTIL THE JULY 27, 1993, PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER CITY HALL AT 7 P.M. TO ALLOW THE APPLICANT ADDITIONAL TIME TO ADDRESS ALL NECESSARY DETAILS LACKING ON THE REVISED SITE PLAN. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Consider a Conditional Use Permit Request by Indy Lube, Inc./Public Hearing, Case No. CU 93-17 . Presented By: Gary Schmitz. The applicant, Indy Lube, Inc., 6505 East 82nd Street, Suite 209, Indianapolis, Indiana 46250, requested a conditional use permit to allow the construction of a 2,100 square foot three bay drive through oil change facility. For public record, Mr. Schmitz entered a revised site plan and a list of stipulations. Due to the additional information provided, staff feels this request can be addressed at this meeting. Mr. Schmitz reviewed the issues raised in staff's memo dated June 16, 1993. Gary Santwire, 650 Dodge Avenue, Elk River, briefed the Planning Commission regarding Auburn Commons Second Addition, right-of-way, and drainage plans. Mr. Santwire discussed his concerns with regard to City Code for landscaping and screening, however, they did intend to comply. Jim Sapp, 505 East 82nd, Indianapolis, Indiana, owner of the proposed Indy-Lube, addressed questions per staff's memo and stated his desire to work with the City. He stated City Code landscaping requirements seemed excessive. Mr. Sapp would provide revised elevations, however, he did not want to move the building to accommodate additional right-of-way on Dodge Avenue. Chairman Minton opened the public hearing. . Leonard Kirscht, 539 Auburn landscaping requirements and the proposed site. Place, Elk River, commented on the requested screening on the north side of . . . Elk River Planning Commission Minutes June 22, 1993 Page 5 Lawrence Lukowski, 531 Auburn Place, Elk River, stated his concerns regarding the children playing in the church lot next to this proposed site. Further, Mr. Lukowski questioned staff regarding any oil smells, etc., from this use. Mr. Lukowski suggested some type of fencing along the church property. Mrs. Lukowski questioned staff regarding area drainage. Mr. Sapp responded to Mr. Lukowski's questions regarding oil smells, possible contamination, etc. Mr. Rohlf explained the Planning Commission's role regarding this specific request and stated the limitations regarding the church property, however, since both properties are owned by Mr. Santwire (the church property and the property for this proposed use), staff would resolve the fencing issue with Mr. Santwire. Mr. Rohlf suggested Mr. Santwire construct some type of roped off area around where vehicles park for church services. Mr. Santwire agreed to rope off the church parking area. Janine Holmberg, 87-5th Street, Elk River, stated her concerns regarding possible fumes from this type of use and concerns regarding increased traffic on 5th Street. Mr. Sapp explained his business, the oil tanks in the basement of the building, and stated there would be no fumes from this type of use. Mr. Sapp's builder was also present and explained the building process to help alleviate concerns regarding possible contamination. Planning Commission members discussed the church lot area as it relates to this request and the actual construction of the building. There being no further comments from the public, Chairman Minton closed the public hearing. COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE SPECIALTY SHOP, INDY-LUBE, INC., CITING THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT AND STAFF'S MEMO DATED JUNE 16, 1993, WITH THE FOLLOWING STIPULATIONS: 1. 2ND BE THE PLAT OF AUBURN COMMONS PAID, AND ALL CONDITIONS PROCEED. ADDITION IN PLACE BE RECORDED, ALL FEES BEFORE THE PROJECT CAN 2. THE GRADING AND DRAINAGE PLAN BE REVISED TO MEET THE CONCERNS OF THE CITY ENGINEER PRIOR TO THE CITY COUNCIL ACTING ON THIS REQUEST. 3. THE APPLICANT PROVIDE A BARRIER TYPE CONCRETE CURB AND GUTTER SURROUNDING THE BITUMINOUS DRIVING AND PARKING AREAS. 4. THE DRIVEWAY OPENING UP TO DODGE AVENUE BE RESTRICTED DOWN TO 24-30 FEET IN WIDTH. 5. THE ONE-WAY DRIVE ALONG THE NORTH SIDE OF THE BUILDING BE NEGOTIATED WITH THE CITY ENGINEER. 6. THE APPLICANT SHALL PLANT 27 OUTLINED IN THE LANDSCAPE SHOULD BE PLANTED ALONG THE TREES THAT ORDINANCE. SOUTH AND MEET SIZE REQUIREMENTS AS MANY TREES AS POSSIBLE EAST PROPERTY LINES TO . . . Elk River Planning Commission Minutes June 22, 1993 Page 6 BUFFER EXISTING RESIDENTIAL USES. THE LANDSCAPING PLAN MUST BE COMPLETED PRIOR TO THE CITY COUNCIL MEETING. 7. THE SIGNAGE ON THE SITE MEET C3 SIGN STANDARDS. 8. THE PROPOSED LIGHTING AWAY FROM THE HIGHWAY RESIDENTIAL PROPERTY. ON THE SITE MEET CITY CODE AND BE DIRECTED RIGHT-OF-WAY AND AWAY FROM NEARBY 9. THE DUMPSTER, MECHANICAL EQUIPMENT, AND ANY ROOF-TOP EQUIPMENT MUST BE SCREENED FROM VIEW AS PER CITY CODE. 10. THAT ANY DISTURBED AREA NOT USED FOR BUILDING, PARKING, OR DRIVE, SHOULD BE LANDSCAPED WITH GRASS IN THE SAME GROWING SEASON THAT THAT CONSTRUCTION TAKES PLACE AND MAINTAINED UNTIL SELF-SUFFICIENT. 11. THE APPLICANT USE THE MATERIALS IN HIS REQUEST (SPLIT FACED BLOCK AND A RUBBER MAT ROOF) IN CONSTRUCTION OF THE BUILDING. 12. THE SITE SERVE AS AN OIL DROP-OFF SITE FOR THE COMMUNITY. 13. STAFF RESEARCH ENVIRONMENTAL CONCERNS, POSSIBLY INCLUDING A LINER BELOW THE BASEMENT SLAB. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Consider an Extension of a Conditional Use Permit by Ken Beaudry/ Public Hearing, Case No. CU 91-02 Presented by Stephen Rohlf. The applicant, Ken Beaudry, 19701 Rush Street, Elk River requested an extension of a conditional use permit to construct a gas station/convenience store on the NE corner of the intersection of Proctor Avenue and Highway 10. Mr. Rohlf reviewed the issues raised in staff's memo dated June 9, 1993. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF AN EXTENSION CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE/GAS STATION BEAUDRY/PUBLIC HEARING, CASE NO. CU 91-02, CITING STAFF'S MEMO JUNE 9, 1993. COMMISSIONER TVEITE SECONDED THE MOTION. THE CARRIED 5-0. TO A BY KEN DATED MOTION 10. Cancellation of Elk Park Center Meeting Presented By: stephen Rohlf. Mr. Rohlf recommended the special Planning Commission meeting for the Elk Park Center project scheduled for July 15, 1993, be cancelled. The developer indicated his consultants can not provide the materials needed in time for that meeting. A new meeting date will be decided once the necessary materials are submitted. Elk River Planning Commission Minutes June 22, 1993 Page 7 ~ COMMISSIONER TVEITE MOVED TO CANCEL THE SPECIAL PLANNING COMMISSION MEETING TO BE HELD ON JULY 15, 1993, AND TO CONTINUE THE PUBLIC HEARING TO A DATE TO BE ADVERTISED AT A LATER TIME. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Adjournment There being THE MEETING. CARRIED 5-0. no further business, COMMISSIONER SPOTTS MOVED TO ADJOURN COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 9:35 p.m. Respectfully submitted, (JlIliJlt0.L rf) j./Jtn i,;{[; Catherine M. Schmidt Recording Secretary ~ ~