02-14-2006 PC MIN
MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, FEBRUARY 14, 2006
Members Present: Chair Anderson, Offerman, Ropp, Scott, Stevens and Westgaard
Members Absent: Commissioner Lemke
Staff Present: Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Debbie
Huebner, 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 6:30 p.m. by Chair Anderson.
2. Consider 2/14/06 Planning Commission Agenda
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER SCOTT TO APPROVE THE FEBRUARY 14, 2006
PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION:
6.2. DISCUSS ORDINANCE AMENDMENTS
MOTION CARRIED 6-0.
3.1. Consider 1/10/06 Planning Commission Minutes
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER ROPP TO APPROVE THE JANUARY 10, 2006 MINUTES.
MOTION CARRIED 6-0.
4. Planning Commission Representative to Attend City Council Meeting
Commissioner Scott will attend the February 21, 2006 City Council meeting.
5.1. Request by William Matthews for Interim Use Permit, Public Hearing, Case No. CU 06-01
Planner Chris Leeseberg presented a request by William Matthews for an Interim Use Permit
to operate an auto sales business at 13479 Business Center Drive (Country Crossing
Business Center) for a period of three years. Mr. Leeseberg explained that the City Council
denied Mr. Matthews request for a Conditional Use Permit on December 19, 2005 and they
suggested that the applicant apply for an Interim Use Permit. He reviewed the scope of Mr.
Matthews business, hours of operation, number of employees, signage, and display area. He
noted that there will be no more than six vehicles displayed at one time. Staff recommends
approval of the request with the eleven conditions listed in the staff report dated February
14, 2006.
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February 14, 2006
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Commissioner Ropp asked if three years was typical for an Interim Use Permit. Mr.
Leeseberg stated that three years has been typical, but that it is not specified in the
ordinance.
Chair Anderson opened the public hearing. There being no public comment, Chair
Anderson closed the public hearing.
Commissioner Offerman stated that he did not support the previous request for a
Conditional Use Permit, but that he would support this request for an Interim Use Permit.
Chair Anderson asked if the Planning Commission previously recommended denial of the
Conditional Use Permit request. Mr. Leeseberg stated yes, and that the City Council agreed
with their concerns, but after some discussion, the City Council came up with the suggestion
for an Interim Use Permit.
Commissioner Stevens stated that he was concerned that a Conditional Use Permit was
approved for the Martin Plaza site for this type of use, and now that use will stay with the
property. He felt the Interim Use Permit was a step in the right direction, but that he did
not feel the location being requested in this application was appropriate.
Chair Anderson questioned if the building was large enough to accommodate an indoor
showroom. Mr. Matthews, applicant, stated that he would like pursue that option, but that
he was waiting for a determination from the Building Department regarding any code issues.
Commissioner Scott asked what would prevent others from parking vehicles in this location
and advertising them for sale. Mr. Leeseberg stated that Mr. Matthews would be limited to
six parking spaces, and that he was not aware of this being an issue. Senior Planner Scott
Harlicker stated that if parking of vehicles for sale became a problem, staff would be looking
at it. Commissioner Scott stated that he supported the request.
Chair Anderson stated that if any other cars were parked in the parking lot and advertised
for sale, this will be an issue for the property owner to address. He did not feel the use was
appropriate for this shopping center site and was not in favor of the request.
Commissioner Ropp stated that he also had some concerns about this site, but that he
would support an Interim Use Permit if the time period was less than three years.
MOTION BY COMMISSIONER ROPP, SECONDED BY COMMISSIONER
OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY
WILLIAM MATTHEWS FOR AN INTERIM USE PERMIT TO ALLOW AUTO
SALES AT 13479 BUSINESS CENTER DRIVE, CASE NO. CU 06-01, WITH THE
FOLLOWING CONDITIONS:
1.THE INTERIM USE PERMIT SHALL BE FOR A PERIOD OF TWO YEARS
AFTER THE DATE OF CITY COUNCIL APPROVAL.
2.ADVERTISING ON THE VEHICLES SHALL BE LIMITED TO ONE SIGN
PER VEHICLE NOT EXCEEDING 94 SQUARE INCHES.
3.NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT
NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED
WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES.
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February 14, 2006
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4.THE VEHICLES SHALL BE DISPLAYED IN THE SIX STALLS ACROSS
THE DRIVE LANE FROM THE FRONT ENTRANCE, AS INDICATED ON
STAFF EXHIBIT A.
5.SIGNAGE SHALL BE INSTALLED AT EACH OF THE SIX PARKING
STALLS INDICATING THAT ONLY THESE STALLS CAN BE USED FOR
AUTOMOBILE SALES FOR HOLDER OF THE CONDITIONAL USE
PERMIT AT THIS SITE.
6.NO MORE THAN SIX (6) RETAIL AUTOMOBILES SHALL BE
DISPLAYED OUTSIDE.
7.IF MORE THAN SIX (6) RETAIL AUTOMOBILES ARE TO BE
DISPLAYED OUTSIDE, THE APPLICANT SHALL APPLY FOR AN
AMENDMENT TO THE CONDITIONAL USE PERMIT.
8.THE BUILDING SHALL MEET ALL BUILDING CODES.
9.THE BUILDING SHALL MEET ALL FIRE CODES.
10.THE APPLICANT SHALL CONTACT THE BUILDING DEPARTMENT
REGARDING ANY CODE REQUIREMENTS RELATED TO
AUTOMOBILE SHOWROOMS.
11.ALL VEHICLES SHALL BE DELIVERED TO THE SITE UNDER THEIR
OWN POWER.
MOTION CARRIED 4-2. Chair Anderson and Commissioner Stevens opposed.
5.2. Request by Briggs Construction for Land Use Amendment from Public/Semi-Public to
Highway Business, Public Hearing – Case No. LU 06-02
5.3. Request by Briggs Construction for Zone Change from Single Family Residential to
Highway Commercial, Public Hearing – Case No. ZC 06-02
Senior Planner Scott Harlicker stated that Briggs Construction has requested the land use
amendment from Public/Semi-Public to Highway Business, and a zone change from Single
Family Residential to Highway Commercial for property located on the west side of Freeport
Street, north of parker Elementary and south of Elk Park Center. The property will be
considered for platting by the City Council at the February 21, 2006 City Council meeting.
Mr. Harlicker explained that is a “housekeeping” request to make the land use and zoning
consistent with the remainder of the property proposed to be platted as Alea Rae Addition.
Staff recommends approval of the request as presented.
Chair Anderson opened the public hearing. There being no public comment, Chair
Anderson closed the public hearing.
Commissioner Offerman stated that he felt the request made sense and recommended
approval. Commissioner Stevens concurred. Commissioner Scott questioned why the
property was currently zoned Public/Semi-Public. Mr. Harlicker explained that the property
is owned by the School District.
MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL/DENIAL OF
THE REQUEST BY BRIGGS CONSTRUCTION FOR LAND USE
AMENDMENT FROM PUBLIC/SEMI PUBLIC TO HIGHWAY BUSINESS,
CASE NO. LU 06-02. MOTION CARRIED 6-0.
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MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE
REQUEST BY BRIGGS CONSTRUCTION FOR ZONE CHANGE FROM
SINGLE FAMILY RESIDENTIAL TO HIGHWAY COMMERCIAL, CASE NO.
ZC 06-02. MOTION CARRIED 6-0.
6. Other Business
6.1. Update on January 17, 2006 City Council Meeting
Commissioner Offerman provided an update on the January 17, 2006 City Council
meeting.
7. Adjournment
There being no further business, MOVED BY COMMISSIONER WESTGAARD AND
SECONDED BY COMMISSIONER STEVENS TO ADJOURN THE MEETING.
MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 7:30 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary