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12-13-2005 PC MIN MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 13, 2005 Members Present: Chair Anderson, Lemke, Offerman, Ropp, Scott, Stevens and Westgaard Members Absent: None Staff Present: Community Development Director Scott Clark, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Environmental Administrator Rebecca Haug, and Recording Secretary Tina Allard 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 7:00 p.m. by Chair Anderson. 2. Consider 12/05/05 Planning Commission Agenda Commissioner Offerman stated he would provide the update of the November 21, 2005 City Council meeting. MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE DECEMBER 13, 2005 PLANNING COMMISSION AGENDA AS AMENDED. MOTION CARRIED 7- 0. 3.1. Consider 10/25/05 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE OCTOBER 25, 2005 MINUTES WITH THE FOLLOWING CHANGE. Item 3.1., paragraph 2, “Acting Chair Stevens” replaced with “Chair Anderson.” MOTION CARRIED 7-0. 4. Commissioner Ropp will attend the December 19, 2005 City Council meeting. 5.1. Request by Bauerly Bros., Inc. for Amendment to Conditional Use Permit, Public Hearing – Case No. CU 05-21 Ms. Haug stated the applicant is requesting a conditional use permit to mine 13-21 feet into a water table on the Toth property. She stated the Technical Evaluation Panel has determined that this project would be exempt from compliance of wetland issues. She stated this site was included in the city’s Environmental Impact Statement for Mineral Excavation in 1994. Chair Anderson opened the public hearing. Planning Commission Minutes Page 2 December 13, 2005 --------------------------- John Henry, representing Bauerly Bros. Inc.-Reviewed the clay barrier depths. Chair Anderson closed the public hearing. Chair Anderson questioned if any gravel washing would be done onsite. Ms. Haug stated it would be offsite. Mr. Henry stated 95% of the material is Class 5 gravel that would be hauled to various locations. MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT, CU 05-21 WITH THE AGREEMENT INCLUDED IN THE STAFF REPORT. MOTION CARRIED 7-0. 5.2. Request by Saxon Auto World for Conditional Use Permit for auto/motorcycle sales, Public Hearing – Case No. CU 05-22 Mr. Leeseberg stated the applicant is requesting a conditional use permit (CUP) to allow an automobile sales office and showroom from the former NAPA building. He discussed parking, signage, and landscaping. Mr. Leeseberg stated if the applicant wished to sell motorcycles or to construct a building addition, they would need to amend the conditional use permit. He also stated there have been past issues with the applicant parking vehicles in the right-of-way and on sidewalks. Commissioner Offerman questioned if the applicant must meet the design standards for Highway Commercial. Mr. Leeseberg stated yes. Commissioner Stevens questioned what the applicants response was to the parking issues and also whether the CUP could be revoked if there were any further violations. He stated many times there are vehicles scattered all over when he drives by Saxon. Mr. Leeseberg stated the Police Department has contacted the applicant a couple of times and Mr. Harlicker has had to contact Saxon once about parking issues. He stated the CUP could be revoked. Chair Anderson opened the public hearing. Ted Saxon, owner-Apologized for the exuberance of his staff to want to sell vehicles. He stated he would like to amend this CUP to include motorcycles and ATV’s. He stated that one of the conditions of the CUP only allows two cars on a concrete plaza area and he requested that up to seven be allowed. Mr. Leeseberg stated he has no issues with the number of cars allowed on the plaza being seven. He stated he misunderstood the applicant and thought they requested two. Planning Commission Minutes Page 3 December 13, 2005 --------------------------- Leonard Hallesy, 17273 Yale Street-Stated he is concerned with noise from the motorcycles and the number of motorcycles there will be in the area. He questioned how close the applicant would be allowed to build up to his property. Chair Anderson closed the public hearing. Chair Anderson questioned the hours of operation and where the applicant would be allowed to have motorcycle test drives. Mr. Saxon stated it could be from 7 a.m. to 9 p.m. depending on the day of the week. He stated the motorcycles can take the back road to the Highway. Commissioner Lemke stated he didn’t believe it would be safe sending motorcycles to an uncontrolled intersection at 173 Avenue. rd Commissioner Offerman requested a condition be added stating that the existing building must conform to the C3 design standards. He stated it would be difficult to enforce motorcycle test driving be directed a specific route. He stated Zylstra has a condition that no test driving be done back in the neighborhoods but on Saturdays and in the evenings there is a lot of motorcycle traffic in the neighborhoods. Commissioner Stevens concurred. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT CU 05-22 TO SAXON MOTORS WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3.AUTOMOBILE, MOTORCYCLE, AND ATV SALES SHALL BE ALLOWED. 4.NO MORE THAN SEVEN VEHICLES (AUTOMOBILES, MOTORCYCLES AND/OR ATV’S) SHALL BE PARKED ON THE CONCRETE PLAZA AREA. 5.ALL VEHICLES, AT THE 17354 YALE ST & 17315 ZANE STREET SITES, SHALL BE PARKED ON AN APPROVED SURFACE WITHIN THE PROPERTY PER SETBACK REQUIREMENTS. 6.NO VEHICLES AT 17354 YALE ST & 17315 ZANE STREET SHALL BE PARKED IN THE PUBLIC RIGHT-OF-WAY OR ON SIDEWALKS. 7.NO FOR-SALE VEHICLES SHALL BE PLACED IN THE 13 (TEN STALLS DIRECTLY NORTH OF THE BUILDING AND THE THREE STALLS WEST OF THE BUILDING) CUSTOMER/STAFF PARKING STALLS. Planning Commission Minutes Page 4 December 13, 2005 --------------------------- 8.IF THE EXISTING FREESTANDING SIGN ALONG HIGHWAY 10 IS BEING CHANGED IN ANY MANNER, OTHER THAN THE FACE PLATES BEING SWITCHED, IT SHALL REQUIRE A SIGN PERMIT. 9.THE BUILDING SHALL MEET THE C3 DESIGN STANDARDS. 10.THE HOURS OF OPERATION SHALL BE 7AM-9PM MONDAY THRU THURSDAY & 7AM-5PM FRIDAY AND SATURDAYS. MOTION CARRIED 7-0. 5.3. Request by American Tower Corp. for Rezoning of property East of Highway 169 at the 221 Avenue alignment from A1 (Agricultural Conservation) to Antenna Overlay, Public st Hearing - Case No. ZC 05-05 5.4. Request by American Tower Corp. for Conditional Use Permit For Antenna Tower (Cingular), Public Hearing – Case No. CU 05-23 Mr. Harlicker stated the applicant is requesting a zone change and a conditional use permit for a telecommunications tower. He discussed zoning, design standards, construction requirements and the standards of issuance of a conditional use permit. Mr. Harlicker stated that four additional carriers could be allowed on the tower. Chair Anderson opened the public hearing for the zone change. Mike Beanick, representative for American Tower-Stated he was available for any questions. Chair Anderson closed the public hearing. MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND CITY COUNCIL APPROVAL OF CASE NO. ZC 05-05 BASED ON THE FOLLOWING FINDINGS: 1.THE PROPOSED REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES. 2.THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE CITY. 3.THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. MOTION CARIED 7-0. Chair Anderson opened the public hearing for the conditional use permit. There being no one to speak to this issue, Chair Anderson closed the public hearing. Planning Commission Minutes Page 5 December 13, 2005 --------------------------- MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND CITY COUNCIL APPROVAL OF CASE NO. CU 05-23 WITH THE FOLLOWING CONDITION: 1.THE CUP COMPLY WITH THE STANDARDS FOUND IN SECTION 30-654 OF THE ZONING ORDINANCE. MOTION CARRIED 7-0. 5.5. Request by William Matthews for Conditional Use Permit to Allow Auto Sales, Public Hearing – Case No. CU 05-24 Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate an auto sales business from the retail strip mall located at 13479 Business Center Drive. He stated no more than six vehicles would be allowed onsite. Mr. Leeseberg discussed employees, hours of operation, parking, and the standards for issuance of a conditional use permit. He noted the applicant was not in the audience. Commissioner Stevens questioned if the parking requirements of the strip mall would still be met if the applicant is allowed to take six parking stalls. Mr. Leeseberg stated yes. Chair Anderson questioned if the applicant would be moving from his other location (Martin Plaza) or if this would be an additional location for selling vehicles. Mr. Harlicker stated he was unsure but he noted that the conditional use permit for the Martin Plaza location would still be valid. Chair Anderson noted that this property was recently rezoned to Highway Commercial and he questioned if outside storage is allowed. Mr. Harlicker stated car sales are allowed. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. Commissioner Ropp questioned how long the cars would be allowed to park in the lot. Mr. Leeseberg stated that auto sales are allowed so the vehicles would be allowed to stay in the lot for any length of time. Commissioner Scott stated the strip mall is a lease operation and he is concerned with snow removal. Commissioner Stevens stated he doesn’t want to see long-term parking of “for sale” vehicles in a strip mall. He expressed concerns with citizens seeing vehicles with “for sale” signs on the windshields and it will prompt them into thinking it is acceptable to pull their own vehicles in the lot to sell. Commissioner Stevens felt this site was not appropriate for this type of business. Planning Commission Minutes Page 6 December 13, 2005 --------------------------- Commissioner Ropp concurred. He is concerned about snow removal. He stated further concerns over how difficult it is maintain occupancy in the mall and that this business may inhibit other businesses from moving in. Commissioner Lemke stated the issues being discussed by the Commission are landlord/tenant issues and the Commission should not be deciding if this is the right business for this site. He stated this is an allowed use with a CUP. He stated the applicant is complying with what is required from the city’s ordinance. Commissioner Offerman stated that this application is a little different due to the landlord/tenant relationship. He expressed concern over allowing the CUP and then if this person leaves, another individual could come in. He stated he can’t support it due to the permancy of the CUP and that it is a tenant applying for it. He stated he would like to hear from the landlord and applicant. Chair Anderson stated concerns with policing issues. He stated he is concerned with more vehicles appearing “for sale” by citizens. He is concerned with the overall appearance as this is near the entrance into the city. He stated concerns with outdoor storage being allowed. Chair Anderson is not in favor of this use in a multi-tenant site. Commissioner Westgaard stated it would be the landlord’s responsibility to police the lot. He agreed that he didn’t want to see the auto sales at the mall but due to the zoning it would be an allowable use. He stated he would like to hear from the applicant and the landlord. He stated snow removal concerns and felt it could be a detrimental impact to adjacent tenants MOVED BY COMMISSIONER STEVENS TO CONTINUE CASE NO. CU 05-24. Commissioner Lemke requested that the continuing motion be withdrawn to allow further discussion. MOTION FAILED FOR LACK OF A SECOND. Commissioner Lemke stated the Commission does not have sufficient findings to deny the request. He stated it is the landlord’s responsibility to choose tenants through a lease. He stated the Commission can only look at the allowed use through a CUP. Commissioner Offerman stated he believed the applicant should be the landlord and not the tenant as the CUP travels with the land. Commissioner Stevens stated the applicant already has a CUP and he doesn’t want to see this business appearing all over town. He stated he has a hard time allowing leases to dictate what the city will allow. Commissioner Lemke stated the lease agreement is not dictating what we have in the city because the city ordinance allows this use with a CUP. He stated he would like to discuss proper cause for denying this CUP. Commissioner Stevens stated he would like to continue this item to hear from the applicant and the landlord and to also prepare findings in case of denial. Commissioner Westgaard questioned if it would be possible to tie, through a condition, the CUP to the tenant and not to the property. Planning Commission Minutes Page 7 December 13, 2005 --------------------------- Mr. Leeseberg stated no. He further stated the owner must sign off on the city application for a CUP. Chair Anderson stated he doesn’t want to dedicate parking spaces for car sales, the property will be an eyesore, and he is concerned of public safety. Commissioner Ropp stated the CUP will impede development of surrounding property. He stated it will be more difficult to lease the adjacent vacant spaces. Commissioner Westgaard stated he agreed that this is not the best use for this site but it is an allowable use and the Commission lacks sufficient findings for denial. Commissioner Offerman stated finding # 3 and #7 would be met but he felt this item should be continued in order to get more information from the applicant. Commissioner Stevens concurred. He stated he is unclear if overnight parking is allowed in this lot. Mr. Harlicker stated the city does not control overnight parking in private lots. Commissioner Scott stated he concurs with Commissioner Lemke but he is not comfortable approving the CUP without more conditions on applicant such as better signage control over the parking storage spaces. Mr. Leeseberg stated the applicant does meet the requirements of the C3 zoning and could be approved with conditions. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND TO THE CITY COUNCIL DENIAL OF CASE NO. CU 04-24 BASED ON THE FINDING THAT THE REQUEST CANNOT MEET CONDITIONS 1, 3, AND 7 OF THE CITY CODE REQUIREMENTS FOR ISSUANCE OF A CONDITIONAL USE PERMIT: 1. WILL NOT ENDANGER, INJURE, OR DETRIMENTALLY AFFECT THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY OR THE PUBLIC HEALTH, SAFETY, MORALS, COMFORT, CONVENIENCE OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY. Concern with vehicles being stored on a long term basis in the parking lot. 3. WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF SURROUNDING VACANT PROPERTY. The use would impede the leasing of other vacant units in the strip mall. 7. WILL FULLY COMPLY WITH ALL OTHER REQUIREMENTS OF THIS CODE, INCLUDING ANY APPLICABLE REQUIREMENTS AND STANDARDS FOR THE ISSUANCE OF A LICENSE OR PERMIT TO ESTABLISH AND OPERATE THE PROPOSED USE IN THE CITY. Planning Commission Minutes Page 8 December 13, 2005 --------------------------- Would not comply with Code due to the use of vehicles in the building interior and vehicles possibly being worked on at the site. MOTION CARRIED 5-2. Commissioners Lemke and Westgaard opposed. 5.6. Request by Dan O’Mara/New Horizon for Daycare Facility in Elk Ridge Center, Public Hearing – Case No. CU 05-25 Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate a day care facility. He discussed building design standards, landscaping, parking, and fencing, staffing, and hours of operation. Commissioner Offerman questioned if the applicant would be required to use an asphalt roof rather than metal. Mr. Leeseberg stated they would have to comply with the design standards, which would allow either style. Chair Anderson questioned what the signage and lighting requirements would be. Chair Anderson opened the public hearing. Dan O’Mara, architect representing the applicant-Stated under canopy lights would be used and the parking lot lights would be consistent with the whole development. He stated the windows will be aluminum store front made to look like casements. He stated that due to air quality standards for the daycare casements could not be used. Chair Anderson closed the public hearing. MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER SCOTT TO RECOMMNED CITY COUNCIL APPROVAL OF CU 05-25 WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.PLANS (DATE RECEIVED 10/31/05) SHALL BE THE APPROVED PLANS. 3.BUILDING DESIGNS (DATE RECEIVED 12/05/05) SHALL BE THE APPROVED DESIGNS WITH THE EXCEPTION OF NOTE #21 INDICATING ASPHALT SHINGLES. STANDING SEAM METAL ROOFING IS THE APPROVED MATERIAL. 4.MATERIAL STYLES AND COLORS SHALL BE THOSE AS INDICATED ON THE EXTERIOR SAMPLE KEY DATED 12/15/05. 5.ALL FENCING SHALL BE OF A PICKET STYLE. 6.STANDING SEAM METAL ROOFING COLOR SAMPLES SHALL BE PROVIDED TO STAFF FOR APPROVAL. Planning Commission Minutes Page 9 December 13, 2005 --------------------------- 7.SIGNAGE SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING SIZE AND LOCATIONS SHALL BE PROVIDED. 8.LIGHTING SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING LOCATIONS ON THE BUILDING AND ON THE SITE SHALL BE PROVIDED. 9.THE BUILDING SHALL MEET ALL BUILDING CODES. 10.THE BUILDING SHALL MEET ALL FIRE CODES. MOTION CARRIED 7-0. The Commission took a 5 minute break. 5.7. Request by Christian Commercial, LLC for Conditional Use Permit for Manufacturing Facility, Public Hearing – Case No. CU 05-26 Mr. Harlicker stated the applicant is requesting a conditional use permit to construct a concrete product manufacturing facility. He discussed the site conditions, hours of operation, building design, parking, circulation, and the existing resident. Chair Anderson opened the public hearing. Patricia Marty, 21114 Highway 169-Stated concerns about noise and her property values. Tom Brown, representing applicant-Stated that most of the operation would be inside a building with the exception of some work being done on the west side of the building. Chair Anderson closed the public hearing. Mr. Maurer explained that the NPDES and SWPPP permit could be transferred to the building contractor once grading is completed for continued erosion protection if needed. MOVED BY COMMISIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND CITY COUNCIL APPROVAL OF CASE NO. CU 05-26 WITH THE FOLLOWING CONDITIONS: 1.THE EXISTING ACCESS FROM HIGHWAY 169 CAN NOT BE UTILIZED BY THIS FACILITY. THE PROPOSED CONNECTION TO THE EXISTING DRIVEWAY SHALL BE ELIMINATED FROM THE SITE PLAN. 2.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3.THE EXISTING RESIDENCE BE ALLOWED TO REMAIN PROVIDED THAT THE OCCUPANTS ARE EMPLOYEES OF PLAISTED COMPANIES OR JT LAND COMPANY AND THEIR JOB IS THAT OF Planning Commission Minutes Page 10 December 13, 2005 --------------------------- CARETAKER OF THE MINING PIT AND OR PRODUCTION FACILITY. 4.SCREENING SHALL BE PROVIDED ALONG THE EAST PROPERTY LINE, BETWEEN THE FACILITY AND THE ADJACENT RESIDENCE. 5.DOWNCAST BUILDING LIGHTS ONLY, NO OTHER SITE LIGHTING IS ALLOWED. MOTION CARRIED 7-0. 5.8. Request by Prosource Technologies, Inc. for Zone Change from R1c (Single Family Residential) to AT (Antenna Overlay), Public Hearing – Case No. ZC 05-06 5.9. Request by Prosource Technologies, Inc. for Conditional Use Permit for Antenna Tower at City Hall Site, Public Hearing – Case No. CU 05-27 Mr. Harlicker stated the applicant is requesting a zone change and a conditional use permit to construct a telecommunications tower. He stated the tower would be located on city property and host the 800 MHz radio equipment. He stated the tower would be able to hold one additional carrier. Chair Anderson opened the public hearing for both the zone change and the conditional use permit. There being no one to speak to these issues, Chair Anderson closed the public hearing. MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND THE CITY COUNCIL APPROVE CASE NO. ZC 05-06 BASED ON THE FOLLOWING FINDINGS: 1.THE PROPOSED REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES. 2.THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE CITY. 3.THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. MOTION CARRIED 7-0. ----------------------- MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND CITY COUNCIL APPROVAL OF CASE NO. CU 05-27 WITH THE FOLLOWING CONDITIONS: 1.THE APPLICANT AND THE CITY ENTER INTO A LEASE AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF Planning Commission Minutes Page 11 December 13, 2005 --------------------------- THE TOWER CONSTRUCTION, OPERATION, ACCESS AND MAINTENANCE. 2.THE EXTERIOR OF THE SHELTER SHALL MATCH THE EXTERIOR OF THE PUBLIC SAFETY BUILDING. 3.THE SITE SHALL BE SCREENED FROM THE SOFTBALL FIELD WITH PLANTINGS. MOTION CARRIED 7-0. 5.10. Request by Hassan 101, LLC for a Conditional Use Permit to Allow a Rental Center at 728 Railroad Drive, Public Hearing – Case No. CU 05-28 Mr. Harlicker stated the applicant is requesting a conditional use permit to operate an equipment rental business. He discussed access, landscaping, buildings, and signage. He recommended that the concrete pad be removed and existing fencing be repaired or replaced. Mr. Harlicker stated the two driveways from Railroad Drive should be closed due to traffic congestion at Jackson Avenue and Railroad Drive. Commissioner Stevens questioned if any traffic studies have been done in this area or if it is perception that the intersection is congested. He stated the address of the business is located on Railroad Drive and this will confuse customers. He stated he doesn’t want to penalize the applicant when Marty’s has access from Railroad Drive. Commissioner Offerman stated it would be difficult for customers to know to go around to 4 Street. He stated he agrees access should be limited but doesn’t want to put a hardship on th the applicant. Mr. Maurer stated no formal traffic studies have been done but traffic has increased dramatically and this is a good opportunity to limit traffic on Railroad Drive by making customers use 4 Street. He stated the business will be a specific customer destination and th not used as a stopping-in type of business. He stated he would prefer that no businesses have access onto Railroad Drive from Jackson Avenue. Commissioner Westgaard questioned if it would be acceptable to install a cul-de-sac on Railroad Drive and limit customers to Right In and Right Out. Mr. Maurer stated he did not see that as a viable option. Chair Anderson and Commissioner Lemke asked if some type of signage could be installed at 4 Street. th Mr. Harlicker stated directional signage would be allowed. Chair Anderson opened the public hearing. Jim Gooley, representing the applicant-Stated he would like to keep the access on Railroad Drive. He stated concerns with the landscaping in the right-of-way as it will not be irrigated and he does not want to replace anything that may not survive. Chair Anderson closed the public hearing. Planning Commission Minutes Page 12 December 13, 2005 --------------------------- Commissioner Lemke suggested making the entrance to the east on Railroad Drive as an in only and the exit onto 4 Street. th Mr. Maurer stated the city could give the business a new address on 4 Street. He stated if th the city does not start limiting access points when it has a chance, it will prolong getting the access points closed in the future. He stated he doesn’t want to make the existing problem worse and this would be a chance to get rid of an access so that some day we could change the configuration and traffic pattern on Jackson at that point. He stated there have been discussions about Martys and the use of Railroad Drive. He stated there are many more problems with the Jackson and Railroad intersection but that eliminating this one will help the situation now and in the future. He stated the access should be closed to customers but he doesn’t see a problem with allowing truck deliveries. Commissioner Stevens stated he doesn’t support the restriction of closing the gates on Railroad Drive. He stated this is similar to the access issues at Highway 169 and Main Street where development and access was allowed. He further stated it has been more than a year since the lumber yard vacated this location and the city did not take the opportunity to close Railroad Drive. He stated it he does not want to hold up an applicant when the city has no solution to the congestion at this time. Commissioner Lemke stated this application is different than the Highway 169 and Main Street project. That was a platted development with one access versus a conditional use permit on an existing site with multiple accesses. He stated he does not want to see the city lose the opportunity to close any Railroad Drive access points. Commissioner Westgaard requested screening of the outdoor storage area. Chair Anderson stated he supports Mr. Maurer’s position regarding Railroad Drive. He stated concerns with traffic and visibility. He felt it would be advantageous for the applicant to have his customers learn the 4 Street entrance now rather than having to retrain them in th the future when Railroad Drive would be closed. He stated staff could work with the applicant regarding the landscaping. MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND CITY COUNCIL APPROVAL OF CASE NO. CU 05-28 WITH THE FOLLOWING CONDITIONS: 1.INTERNAL PARKING AND DRIVE AISLES SHALL BE PAVED. THE CONCRETE APRON LOCATED ALONG 4 STREET THAT SHALL TH BE REMOVED. 2.THE TWO DRIVEWAYS FROM RAILROAD DRIVE SHALL BE CLOSED TO CUSTOMER TRAFFIC. THE MAIN ENTRANCE AND EXIT INTO THE SITE SHALL BE FROM 4 STREET. TH 3.THE EXTERIOR OF THE EXISTING BUILDINGS SHALL BE PAINTED TO IMPROVE THEIR APPEARANCE. THE EXISTING FENCES SHALL BE REPAIRED OR REPLACED WERE NEEDED. Planning Commission Minutes Page 13 December 13, 2005 --------------------------- 4.THE LANDSCAPING PLAN SHALL CONCENTRATE THE LANDSCAPING ALONG 4 STREET. THE APPLICANT SHALL BE TH RESPONSIBLE FOR MAINTAINING THE LANDSCAPING. 5.A 6’ HIGH STOCKADE FENCE SHALL BE CONSTRUCTED ALONG 4 STREET. TH MOTION CARRIED 6-1. Commissioner Stevens opposed. 5.11. Request by Aulik and Associates for Preliminary Plat (Aulik Acres), Public Hearing – Case No. P 05-21 Mr. Leeseberg stated the applicant is requesting preliminary plat to subdivide a parcel into six lots. The lots will be on a 600 foot long cul-de-sac and range from 2.53 acres to 5.92 acres. He stated the Parks and Recreation Commission recommends cash for five lots. Commissioner Westgaard questioned why an adjacent parcel owned by the applicant that is landlocked is not included in this plat. Mr. Leeseberg explained that the parcel is located in Big Lake Township. The applicant stated the parcel was wetland and unbuildable and that it would most likely be sold with one of the lots. Chair Anderson opened the public hearing. Mike Rangaard, Oliver and Associates-Stated he was available for any questions. Chair Anderson closed the public hearing. MOVED BY COMMISSIONER STEVENS AND SECONED BY COMMISSIONER WESTGAARD TO RECOMMEND CITY COUNCIL APPROVAL OF CASE NO. P 05-21 WITH THE FOLLOWING CONDITIONS: 1.ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2.ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3.ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 4.A SEAL COAT FEE SHALL BE PAID, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL, PRIOR TO RELEASING THE PLAT FOR RECORDING. 5.A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE PLAT FOR RECORDING. Planning Commission Minutes Page 14 December 13, 2005 --------------------------- 6.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7.PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 8.THE DRIVEWAY FROM THE EXISTING HOME SHALL AT LEAST BE PAVED FROM THE STREET EDGE TO THE RIGHT-OF-WAY LINE. MOTION CARRIED 7-0. 6. Other Business 6.1. Update on November 21, 2005 City Council Meeting Commissioner Offerman provided an update on the November 21, 2005 City Council meeting. -------------------- Community Development Director Update Mr. Clark stated there would be no Planning workshop meeting in December. He reviewed the Planning Commission schedule for January and February. ------------------ Commissioner Offerman questioned the height requirements for Menards site fence. Staff will review to make sure the requirements are being met. 7. Adjournment There being no further business, MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 10:10 p.m. Respectfully submitted, Tina Allard Recording Secretary