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6.7.A. SR 03-15-1993 ITEM 6.7.A TO: MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, B & Z ADMINISTRATOR MARCH 8, 1993 -S IL. DATE: SUBJECT: STAFF INTERPRETATION OF IVERSON HOMES STRIP MALL On October 21, 1991, the Elk River City Council approved a strip mall off of Ca+son Street, north of Main Street, and west of Highway 169. A map showing the location of the affected property is attached. Also attached are the minutes for that approval. Iverson Homes did not construct conditional use permit is valid for of approval. Anoth~r developer is similar, project which includes Bonanza Restaurant. this project, however, a 2 (two) years from the date proposing a smaller, but a strip mall anchored by a . The purpose of this memo is to inform the City Council of the following staff in~erpretation: As long as this project is substantially simila+ to the original proposal, the original conditional use permit is valid under the same conditions. The developer, Mr. Al Stephani, will be at the Monday night meeting to answer any questions you may have. . 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 -'I ; / (e (e (. ,~ City Council Minutes October 21, 1991 ((;@[pJ'YJage 9 BUILDING PERMITS SHALL BE ISSUED UNTIL ALL STIPULATIONS ON APPROVAL OF THE PLAT ARE SATISFIED. 20. THAT THE GARAGE FLOOR ELEVATIONS FOR NEW HOUSES WITHIN THIS PLAT SHALL BE AS LISTED ON THIS PRELIMINARY PLAT. ALSO, THAT THE LOWEST FLOOR ELEVATION ON HOUSES WITHIN THIS PLAT MUST BE AT LEAST 876.9 FEET ABOVE MEAN SEA LEVEL OR ONE FOOT ABOVE MOTTLED SOIL. 21. THAT THE DEVELOPER PROVIDE THE CITY WITH A TITLE OPINION PRIOR TO THE RECORDING OF THE FINAL PLAT. 22. THAT THE DEVELOPER ENTER INTO A DEVELOPER AGREEMENT WITH THE CITY REGARDING THESE STIPULATIONS. ALSO THAT A TRUNK SANITARY SEWER AND TRUNK WATERMAIN ASSESSMENT AMOUNT BE SET IN THIS DEVELOPER AGREEMENT. 23. THAT YORK STREET SHALL BE RESTORED FOLLOWING ITS OPEN-CUTTING AND THAT THE COST OF THE RESTORATION OF YORK STREET SHALL BE PAID BY THE DEVELOPER. 24. LANDSCAPING AND SCREENING ON THE POULIOT'S PROPERTY SHALL BE AS REQUIRED BY THE BUILDING AND ZONING ADMINISTRATOR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Mr. Bob Turocotte, of 18184 Albany, indicated that the drainage proposed to the pond will kill the pond. Mrs. Pouliot questioned whether the Council could add stipulations to the motion regarding landscaping and fencing for their yard. The Building and Zoning Administrator indicated that the requirement of the City would be that the landscaping be six feet high with an 80% opacity. THE MOTION CARRIED 5-0. The City Council recessed at 9:10 and reconvened at 9:20. 6.6. Conditional Use Permit Reouest by Iverson Homes/Public Hearin~ Steve Rohlf indicated that Iverson Homes is requesting a conditional use permit to build a 31,440 square foot retail shopping mall. Planning Commission Representative Schroeder indicated that the Planning Commission felt that the request met the standards for a condi tional use permit and voted in favor of the project. He further indicated that the Planning Commission had several concerns and that the main concern was in regard to traffic. Mayor Tralle opened the public hearing. Dr. Howard Johnson raised several issues regarding the proposed shopping center. He indicated that his main concern is in regard to traffic. He stated that there are already serious traffic problems and much ~ongestion on Main Street. He indicated that he would like to see . . (. .~ City Council Minutes October 21, 1991 Page 10 the City address the possibility of no parking on Main Street. Steve Rohlf distributed a memo from the Police Chief recommending that no parking take place on Main Street from Highway 169 westbound to the western boundary of Dr. Johnson's office. Dick Elliot, representing the Guardian Angels, stated he had no objection to the concept. Mr. Elliot raised several issues concerning drainage, the fire lane, and the garbage issue. Steve Rohlf, Building and Zoning Administrator, responded to Mr. Elliot by indicating that these issues have been taken care of during the City's review. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST FOR A RETAIL SHOPPING CENTER WITH THE FOLLOWING STIPULATIONS: 1. THAT A PRIVATE ROAD AGREEMENT IS ENTERED INTO PRIOR TO BUILDING PERMIT ISSUANCE. 2. THAT ALL COST OF IMPROVEMENTS NECESSITATED BY CONSTRUCTION OF THIS BUILDING AND SERVING IT WITH SEWER AND WATER, STORM DRAINAGE, AND ROAD BE BORNE BY THE DEVELOPER. 3. THAT ALL DUMPSTERS AND MECHANICAL EQUIPMENT OUTSIDE THE BUILDING BE SCREENED. ALSO THAT THE PLANTINGS SHOWN ON THE WEST SIDE OF THE PROPERTY TO SCREEN THIS BUILDING FROM GUARDIAN ANGEL'S PROPERTY BE MADE UP OF EVERGREENS TO PROVIDE 80% OPACITY. 4. THAT THE PONDING AREA ON THE NORTH END OF THE PROPERTY BE REGRADING SO THAT IT HOLDS THE CAPACITY REQUIRED PRIOR TO A CERTIFICATE OF OCCUPANCY BEING ISSUED FOR THIS BUILDING. 5. THAT ALL PLANS, AS SUBMITTED, BE ADHERED TO UNLESS STAFF APPROVES MINOR ALTERATIONS. MAJOR ALTERATIONS WOULD NECESSITATE AN AMENDMENT TO THIS CONDITIONAL USE PERMIT. 6. THAT ALL PARKING AND DRIVES BE BORDERED BY CONCRETE CURB AND GUTTER. 7. THAT THE DRIVE ON THE WEST SIDE OF THE BUILDING NOT BE USED FOR PUBLIC OR EMPLOYEE PARKING. THE WEST SIDE OF THIS PARTICULAR DRIVE MUST BE MARKED "FIRE LANE, NO PARKING" AND THE EAST SIDE STRIPED AND MARKED TO IDENTIFY IT AS A LOADING ZONE. 8. THAT THE CITY ACCEPT THE DEVELOPER'S CRITERIA FOR WALL SIGNAGE WITH THE ADDITION THAT SIGNAGE ON THE WEST SIDE OF THE BUILDING NOT BE DIRECTLY LIT. 9. THAT LIGHTING BE AS PER CITY CODE. 10. THAT DRAINAGE CANNOT BE DIRECTED WEST PAST THE CURB LINE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. " ,+. " City Council Minutes October 21, 1991 Page 11 . Steve Rohlf requested a motion from the Council acting on the Police Chief's memo in regard to no parking on Main Street. COUNCILMEMBER KROPUENSKE MOVED TO DIRECT THE POLICE CHIEF TO PUT A NO PARKING SIGN FROM HIGHWAY 169 TO EVANS AVENUE STATING NO PARKING FROM 6:00 A.M. TO 6:00 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Mayor Tralle suggested no parking 24 hours per day on Main Street from Highway 169 to the west line of Howard Johnson's lot and from that point to Evans Avenue, no parking from 6:00 a.m. to 6:00 p.m. Councilmember Kropuenske withdrew his motion. Councilmember Holmgren concurred. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE POLICE CHIEF TO POST NO PARKING SIGNS ON BOTH SIDES OF MAIN STREET FROM HIGHWAY 169 TO THE WEST PROPERTY LINE OF DR. HOWARD JOHNSON'S OFFICE AND THAT THE NO PARKING BE 24 HOURS PER DAY AND FURTHER, THAT NO PARKING SIGNS BE POSTED FROM THE WEST LINE OF DR. HOWARD JOHNSON'S OFFICE TO EVANS AVENUE THAT NO PARKING BE ALLOWED FROM 6:00 A.M. TO 6:00 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Ordinance Amendment 900.12 Creating' an Antenna Tower Overlay District by Kenneth Van Patten/Public Hearinr . 6.8. Zone Chang'e to Antenna Tower Overlay District by Kenneth Van Patten/Public Hearinr 6.9. Conditional Use Permit/Antenna Tower Kenneth Van Patten/Public Hearinr Steve Rohlf, Building and Zoning Administrator, indicated that Mr. Kenneth Van Patten of Northwest Tower Services is requesting an ordinance amendment to create an overlay district for antenna towers. He stated Mr. Van Patten is also requesting a zone change for a tower. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-21, AN ORDINANCE AMENDING SECTION 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-22, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTY TO AN ANTENNA TOWER OVERLAY DISTRICT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. (. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST FOR AN EXISTING TOWER FACILITY OWNED BY KENNETH VAN PATTEN WITH THE CONDITION THAT ANY ALTERATIONS TO THIS TOWER REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0.