7.2. SR 08-01-1994
r I ~"'(
( II
IIi{ River
ITEM 7.2.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER~d-
AUGUST 1, 1994
SUBJECT: REQUEST FOR A CONDITIONAL USE
PERMIT BY DARKENWALD FAMILY
PARTNERSHIP, PUBLIC HEARING,
CASE NO. CU 94-11
FROM:
DATE:
ISSUE
To consider a request for a conditional use permit to construct a 15,400
square foot automobile repair facility in addition to having multiple buildings
on one parcel.
LOCATION
. Seven hundred feet north of Main Street at the northerly terminus of Carson
Street (across from Pizza Hut).
ZONINGILAND USE
C-3 (Highway Commercial) I HB (Highway Business)
ATTACHMENTS
Planning Commission Minutes dated May 24, 1994, and June 21, 1994; City
Council Minutes dated July 5, 1994; Development Plans A, B, C, and D
BACKGROUND
This conditional use permit request was before the City Council on July 5,
1994. At that meeting, the City Council discussed issues previously raised by
the Planning Commission, residents of Guardian Angels, and staff. In light
of the issues which had not been addressed, the City Council directed the
City Attorney to prepare a Resolution of Denial for the City Council's
consideration on August 15, 1994. At a following City Council meeting,
action scheduled for the August 15 meeting was moved to August 1, 1994, to
. give the developer an opportunity to make the necessary corrections to the
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425
Darkenwald
August 1, 1994
Page 2
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plans and still allow construction this year. Public hearing notices were sent
to the residents within 350 feet of the subject property as well as to the Star
News.
ANALYSIS
Since the last City Council meeting, the developers have made revisions to
their proposal which address the following issues:
· Density - removed an auto repair tenant and as a result, were able to
increase the amount of greenspace.
· Parking - by virtue of removing one of the auto tenants, the parking ratio
has come closer in line with what staff believes is a more appropriate
parking requirement for the proposed uses.
.
· Buffer - the site plan has been adjusted to increase the green space along
the west property line allowing opportunity for additional landscaping.
The additional space for landscaping in conjunction with the existing trees
on the Guardian Angels facility and varying topography should minimize
the impact of any overhead door facing the west. J.R. Tech is the only
tenant that will have overhead doors facing the west and the tenant space
has been centrally located immediately east of a majority of the existing
streets.
· Landscaping - discussions with the developer have included placing an
emphasis on oversizing conifers at strategic locations along the west
property line to maximize the buffer. Oversizing of landscaping was also
discussed by the City Council at the July 5, 1994, meeting.
All of these changes are illustrated on the attached Plan D.
MODIFICATIONS TO PLANS
This development proposal has gone through roughly four (4) modifications
since the original submittal. Each of the four plans are attached and can be
summarized as follows:
.
Plan A:
This is the original submittal with the four (4) auto related tenants and two
(2) retail businesses in a separate building (Mr. Movies and Little Caesar's
Pizza). Total square footage: 25,100 square feet; parking: 86 stalls.
dark.council
Darkenwald
August 1, 1994
Page 3
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Plan B:
This plan is identical to the original with the exception that Little Caesar's
pizza has been eliminated and the parking lot adjusted providing additional
parking stalls closer to the auto repair businesses. Total square footage:
23,000; parking: 89 stalls.
Plan C:
This plan has been submitted following the July 5, 1994, City Council
meeting. The site plan includes removing one auto repair business, adding
green space, and reintroducing 1,380 square feet of retail back into the
project next to Mr. Movies. Total square footage: 20,828; parking: 112
parking spaces.
Plan D:
Identical to Plan C except the green space along the west property line has
been increased to allow for additional landscaping. The total number of
parking spaces have been slightly reduced, however, still exceed the quantity
originally proposed. Total square footage: 20,828; parking: 98 parking spaces.
.
IMPROVEMENTS TO CARSON STREET
One other issue associated with this development will be road improvements
made at the intersection of Carson and Main Street. Although detailed plans
have not been prepared, initial drawings indicate that in order to construct
the right turn lane for southbound traffic on Carson Street, the existing
boulevard will be removed and replaced with concrete. From an aesthetic
point of view, losing the sodded area and existing trees will only detract from
the sites appearance. Ideally, some landscaped area should be retained as
part of this improvement. If the City Council has strong opinions on this
issue, staff would appreciate some direction. Staff will try to work with the
developer to maximize the amount of green space. However, based on
previous conversations, the developers appear reluctant to modify the site to
achieve any green area along Carson Street.
SUMMARY
.
There is a considerable amount of back-up material, petitions from residents
of Guardian Angels, traffic studies, and plans provided in previous packets.
This information has not been included, however, if any of the City Council
members wish to review this information or have questions, I will be happy
to provide assistance.
dark.council
Darkenwald
August 1, 1994
Page 4
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PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the conditional use
permit request with the same conditions listed in the recommendation below
except for the following:
"The developer consider moving Mr. Movies to the south and redistribute
green space to the north of the building." Staff did not carry forward this
condition because there is no longer extra green space to redistribute.
and;
"No automobiles be stored outside overnight. All vehicles must be placed
within the building after business hours." This condition was not presented
to the Planning Commission; rather, included with the report to the City
Council.
RECOMMENDATION
.
It is recommended the City Council approve a conditional use permit request
by the Darkenwald Family Partnership to construct a 15,400 square foot auto
repair facility in addition to having multiple buildings on one lot based on the
proposal labeled "Plan D" which includes the additional setbacks along the
west property line with the following 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.
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.
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Darkenwald
August 1, 1994
Page 5
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8. CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE
PARKING AREA.
9. ADEQUATE TRAFFIC CONTROLlLANDSCAPE 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.
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 DOORS ON JR TECH'S BUSINESS REMAIN CLOSED DURING
NORMAL BUSINESS HOURS EXCEPT FOR MOVEMENT OF VEHICLES IN
AND OUT.
16. PAYMENT OF $600 PER ACRE FOR TRUNK STORM SEWER
IMPROVEMENTS BE MADE PRIOR TO ISSUANCE OF A BUILDING
PERMIT.
17. NO AUTOMOBILES BE STORED OUTSIDE OVERNIGHT. ALL VEHICLES
MUST BE PLACED WITHIN THE BUILDING AFTER BUSINESS HOURS.
.
darkcouncil
Planning Commission Minutes
May 24, 1994
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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. City Engineer Terry Maurer
presented issues related to the traffic report drafted by the developer's traffic
engineer. Steve Ach presented the Planning Commission with revisions to the
building elevations.
Commissioner Kreger arrived at this time. 7: 15 p.m.
John Weicht. John Weicht & Associates. addressed the Planning Commission on
behalf of the applicant. Darkenwald Family Partnership. Mr. Weicht introduced
John Darkenwald. Jim Benshoof, Traffic Engineer. Jim Benson. representing Abra
Auto Body, and Wally O'Dell and briefly explained their concems regarding staff's
report.
Chairman Tveite opened the public hearing.
.
Bill Eckblad (Administrator). 13445-190th Avenue NW, Elk River. spoke on behalf of
the Guardian Angels Care Center. Mr. Eckblad stated the residents of the Center
believe the proposed site is too narrow for the proposed use and the traffic and
noise generated by an Auto Mallis of major concern. The residents feel an Auto
Mall adjacent to the Care Center will destroy the quiet residential environment.
Mr. Eckblad expressed the opposition of the residents at the Care Center and
presented the Planning Commission with a petition from the Guardian Angels
Care Center Auxiliary stating their opposition.
Sherry Emerson Guardian Angels Care Center, 5215 Carson Street. Rogers, MN,
presented the Planning Commission with a resolution from the Guardian Angels
Board of Directors expressing their opposition to the proposed auto mall and a
petition from the residents at Angel Ridge also expressing their opposition to the
proposed auto mall. Ms. Emerson iterated Mr. Eckblad's concerns and added
other concerns: unsightly appearance of auto malls (photo's of other auto malls
were presented to the Planning Commission) showing debris, old tires, autos to be
repaired parked outside. etc.. and expressed pollution concerns. Ms. Emerson
asked the Planning Commission who would be monitoring this use to ensure that it
does not become an unsightly. noisy mall. Mr. Benson responded stating that
other Abra Auto Body locations have never received complaints regarding debris
or noise.
Eleanor Todahl. 280 Evans. Elk Ri~er, MN. resident at Angel Ridge, reiterated
previously mentioned concerns and expressed her opposition to the proposed
auto mall.
.
Paula Watts (Social Services Director, Guardian Angels Care Center), 330 Nortolk
Avenue. Elk River, MN. Ms. Watts informed the Planning Commission that it was
very difficult for the residents attending the public hearing and the general public
to hear comments made from the podium and from the Planning Commission.
Ms. Watts reiterated previous concerns and added the residents of the Care
Planning Commission Minutes
May 24, 1994
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Page 3
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Center are also concerned about privacy and access to current walk ways from
the Care Center.
Elsie Sartell. 300 Evans, Elk River. MN, reiterated previous concerns and voiced her
opposition to the proposed auto mall.
The Planning Commission discussed the following issues: proposed road width of
Carson Street; the proposed density of the site; landscape plan regarding a
possible berm between the proposed auto mali and the Care Center; noise level
restrictions for Highway Commercial districts: crosswalk from Pizza Hut to auto
mall; the financial implications of delaying this project; traffic circulation on site:
right-in right-out lane; vehicles stored outside the auto mali; and the cross parking
easement with Pizza Hut. Steve Ach and Terry Maurer responded.
Jim Benson. Abra Auto Body, responded to the possibility of vehicles being store
outside and noise. Mr. Benson stated they will not be storing vehicles outside and
is willing to have that made as a written condition of the permit. Also, Abra Auto
Body uses very sophisticated equipment and has never received a complaint
regarding noise. Noise ratings are monitored by the State and must meet State
regulations.
.
Mr. Weicht. John Weicht & Associates. explained that delaying this project a few
weeks may hurt the project. however, delaying it much more could hurt the
"peak" season for tenants of the proposed auto mall and that could have a
tremendous financial impact.
Chairman Tveite explained that the proposed use is consistent with the current
zoning and meets the required setbacks. However, there are some major
concerns: screening, improvements to Carson Street. drainage issues. and
signage.
Commissioner Kreger stated he agreed with Chairman Tveite and added
discussion regarding Carson Street being a private street not a City Street. Wally
O'Dell commented regarding Carson Street and the shared parking agreement.
Commissioner Ebertey asked staff to explain regarding the private street and the
shared parking arrangement. Steve Ach responded. Discussion ensued.
COMMISSIONER MINTON MOVED TO CONTINUE THE PUBLIC HEARING REGARDING
THE CONDITIONAL USE PERMIT REQUEST BY DARKENWALD FAMILY PARTNERSHIP TO
THE JUNE 21,1994, PLANNING COMMISSION MEETING. FURTHER, COMMISSIONER
MINTON DIRECTED STAFF AND THE DEVELOPERS TO ADDRESS THE FOLLOWING ISSUES:
NOISE, ODOR, SCREENING, STREET IMPROVEMENTS, DRAINAGE, SIGNAGE.
COMMISSIONER KREGER SECONDED THE MOTION ADDING THE FOLLOWING ITEMS
BE ADDRESSED: MOVE THE TRASH ENCLOSURE OR LIMIT THE PICK-UP HOURS, FENCE
THE AREA BETWEEN THE PROPOSED AUTO MALL AND GUARDIAN ANGELS AND
PROVIDE PATH ACCESS, REMOVE THE OVERSIZED DOORS FROM JR TECH, AND ADD
A CROSSWALK TO THE PIZZA HUT. COMMISSIONER MINTON APPROVED THE
ADDITIONS. THE MOTION CARRIED 7-0.
.
i~~'~@W~~
.
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.
.
Commissioner Tacheny added 4.1 - Update the Planning Commission regarding
the 6120/94 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.
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. pa(king. 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).
.
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
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Page 2
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to reflect she feit this proposed request was an inappropriate use being so close
to the Care Center.
ArIon 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 greens pace 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.
.
Commissioner Minton asked John Weicht about staff's concern regarding the
density of the proposed project. Mr. Weicht responded that Uttle Caesar's was
eliminated to reduce the densify of the project effectively.
Steve Ach reviewed the parking requirements as per Cify 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.
.
Planning Commission Minutes
June 21, 1994
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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 LmERS 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 LmER 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.
.
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.
.
Planning Commission Minutes
June 21, 1994
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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.
.,..,....,..,.,..".."..,....,....,..,-....',.....,..........................,...........................".,'.."..,......,...,..,-,-,.."._..,. . .... ...........................-................,. ,.,........
3.2 Consideta landlJse Amendment';mdZon~ Change for Hillside Cornrnerc:;i<;ll PUD
. bv Riverside Develooment. Pl1blicHearina, Case No.LUA94-04 arid ZC94-05
.
Presented by Steve Ach. Riverside Development requested a rezoning of
approximately one acre of property at the northeast comer of 193rd and
Highway 169 from R I e (Single Family Residential) to PUD (Planned Unit
Development). For the record, Jeff Gongoll stated he did not feei 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 RlE (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).
.
2.
THE REZONING IS A MINOR EXTENSION OF THE EXISTING COMMERCIAL
ZONING AND LAND USE DESIGNATION, AND WILL NOT ADVERSELY IMPACT
THE SURROUNDING PROPERTIES.
City Council Minutes
July 5. 1994
Page 3
.
Mayor Duitsman opened the public hearing.
Carl Carlson explained thot the Super Target is a different concept than a Target
Greatland.
Concerns were expressed by a neighboring resident who lives on 191st Avenue
regarding the traffic and the ability to access 191st Avenue.
There being no further comments, Mayor Dui1sman closed the public hearing.
Councilmember Scheel expressed her concern regarding the store being closer
to the schools and the extra traffic that will be generated.
COUNCILMEMBER DIETZ MOVED TO AMEND THE DEVELOPMENT PLAN FOR ELK PARK
CENTER'S COMMERCIAL PLANNED UNIT DEVELOPMENT. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO GRANT A CONDITIONAL USE PERMIT TO AMEND
THE SITE PLAN APPROVAL FOR PHASE I OF ELK PARK CENTER COMMERCIAL PLANNED
UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS:
1. THE SOUTHERNMOST ENTRANCE OFF OF FREEPORT AVENUE BE READJUSTED
TO PROVIDE CONVENIENT INGRESS AND EGRESS TO THE COMMERCIAL
PROJECT.
.
2.
THE DETAILS OF REVISIONS THAT NEED TO TAKE PLACE BE INCLUDED IN THE
FINAL SET OF PLANS FOR APPROVAL OF PHASE I.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.2. Consider a Conditional Use Permit reauested bv Darkenwald Familv Partnership,
public hearina, CU-94-11
Steve Ach. City Planner. stated that a request has been made for a conditional
use permit to construct a 19,900 square foot automobile repair facility plus
multiple buildings on one parcel. The parcel in consideration is located 700 feet
north of Main Street (across from Pizza Hut). The zoning for the property is
Highway Commercial (C-3).
steve Ach indicated that one concern of the Planning Commission pertained to
the additional traffic on Carson Street and the impact it may have at the
intersection of Carson and Main Street. Steve Ach also indicated that the
developer has presented a revised site plan in response to comments received
by the Planning Commission ot the two public hearings that were held. The
revised site plan includes the following changes:
.
. Eliminating the Little Coesar's Pizza (1200 square feet)
. Relocating parking from the south side of Mr. Movie's building to the north
side
. Shifting the parking area on the north end of Tires Plus further north and
adding five additional stalls
. Eliminating the proposed right in/right out onto Highway 169
City Council Minutes
July 5, 1994
Page 4
.
. Adding a conceptual drawing of a right hand turn lane at Carson Street and
Main Street
. Adjusting the Burger Time parking lot accordingly as a result of the
improvements to Carson Street
Steve Ach indicated statf's concern with the number of parking stalls for the
proposal. He stated that the proposal meets the City's requirement of 60 stalls,
however, after surveying other cities, it was found that the average requirement
of those cities surveyed was 92 stalls for a proposai of this size. Steve Ach
suggested that staff review the City's ordinance pertaining to parking
requirements.
Steve Ach indicated that another staff concern related to the overhead doors on
the auto mall building which would face the residential area. The doors would be
facing the Guardian Angels. He indicated that in order to alleviate the concerns
expressed by the residents of Guardian Angels regarding noise and odor, the
Planning Commission recommended that JR Tech keep the overhead doors
closed during business hours.
Steve Ach indicated that the Planning Commission recommended approval with
several stipulations.
.
Mayor Duitsman and Council member Dietz expressed concern regarding the size
of trees that will be required for 'screening to the west of the site. Steve Ach
indicated that the City Code requires 6 foot trees, however, the Council has the
discretion to increase the size.
Mayor Duitsman expressed a concern regarding the increase in traffic and how it
will affect the SuperAmerica traffic.
Mayor Duitsman opened the public hearing.
Sherri Emerson; 5215 Parson Ave" Rogers. MN, (representafive of Guardian
Angels). expressed her concern regarding traffic. She stated that the proposal is
for a high-volume business next to a home housing 300 senior citizens. She
stated that the seniors should have a right to a peaceful environment. She
indicated that the proposed business is not conducive to peacefulness and that
Guardian Angels is opposed to the project.
John Weicht, 13330 Islandview Drive. Elk River. MN (representative of Darkenwald).
discussed the hours of business. Mr. Weicht requested that the Council consider
allowing additional hours so the auto mall may be able to change oil and be
competitive with other businesses who offer this service. John Weicht indicated
that the movie rental and auto mall are a good mix as their peak hours of
operation are at different times. Mr. Weicht indicated that the business could not
operate if the Council requires the overhead doors to be eliminated. Mr. Weicht
indicated he did not feel the noise generated from the business would be a
problem.
.
Bill Eckblad. (Administrator of Guardian Angels Care Center). indicoted that the
resident Council at Guardian Angels is opposed to the project. He indicated the
plot of land is too small for the development. Mr. Eckblad requested the City
City Council Minutes
July 5. 1994
Page 5
.
Council to ensure that the development is less dense if approved. He further
requested that the Council consider a deveiopment for the area that would be
more conducive to seniors.
Carol Mills. 11040 245th Avenue. Zimmerman (representafive of Guardian Angels).
stated that the intersection at Main Street and Highway 169 is already congested.
She indicated her concern regarding the excess traffic that will be generated by
the proposed business. She further indicated that she felt the traffic problem is
more than an internal problem.
Councilmernber Holmgren indicated that there will soon be further development
South of Main Street. He indicated thot the cost for redesigning the intersection
should not fall on future development. but that the cost should be shared by the
proposed development. The City Attorney indicated that the cost to improve the
intersection can be assessed to benefited property owners.
Eleanor Todahl. 280 Evans. Apt. 402. Elk River. MN. indicated she moved to Angel
Ridge apartments because it wos a quiet residential area. She indicated that she
is opposed to the auto mall due to the noise and pollution that will be generated
by the auto mall. She further indicated that the nursing home residents will not be
able to open the windows due to the noise and pollution. Ms. Todahl indicated
that she has received several letters of opposition to the project which she read
to the Council. The letters received were entered into the minutes:
.
. Hazel Lindblom - Angel Ridge Apt. #412
. Peari Sonnabend #204
. Harold Lavine #207
. Rose Anderson #406
Two other unsigned letters were also entered into the minutes.
Cecelia Lewis. 280 Evans Ave, Apt #205, read a letter of opposition written by
herself. The letter wos signed by 10 other residents and entered into the record.
Steve Ach, City Planner, distributed a letter ond petition addressed to the Council
from Guardian Angels. The letter and petition indicated opposition to the
proposal.
There being no further business, Mayor Duitsman closed the public hearing.
.
. Councilmember Holmgren questioned staff's recommendation of eliminating one
of the tenants. Steve Ach indicated that staff feels this is necessary due to the
density of the proposal. Councilmember Holmgren indicated that although the
property is zoned for commercial use. the proposal is too intense of a use for the
size of parcel. He further indicated that many of staff's concerns have not been
addressed and. therefore. he would not vote for approval of the request. He
indicated his concern regarding youth being attracted to the area and
suggested fencing to the front ond back of the building to secure the area.
Councilmernber Holmgren indicated that the auto business will generote noise
and when it is warm the doors will be left open. He indicated that he wouid like
to see the building air conditioned so the doors can remain closed.
City Council Minutes
July 5, 1994
Page 6
.
Councilmember Scheel stated she did not feel an auto mall should be built next
to a nursing home. She indicated she is opposed to the location.
Mayor Duitsman indicated he supported not having the doors facing west and
also requesting a greater degree of landscaping to the west. He indicated he
would support the City Attorney drawing up a resolution of denial for the council
to consider.
Council member Dietz stated he could support the conditional use permit with the
provisions that are stated in the staff memo dated July 5. 1994. He further
indicated he would like to see a greater emphasis on landscaping to ensure
sufficient screening from noise to the west of the site. He further indicated that he
was in favor of no doors being allowed on the west end of the building and to
reduce the density of the development by eliminating a tenant.
Councilmernber Farber indicated he was not opposed to the project. however
he would not support the request due to the densily of the proposal in relation to
traffic.
.
COUNCILMEMBER SCHEEL MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A
RESOLUTION Of DENIAL fOR THE CONDITIONAL USE PERMIT REQUEST BY
DARKENWALD FAMILY PARTNERSHIP, STATING THE fiNDINGS Of FACT AS PRESENTED
BY STAFF AND SET fORTH BY THE CITY COUNCIL: AND THAT THE RESOLUTION BE
CONSIDERED BY THE CITY COUNCIL ON AUGUST 15, 1994, AT A REGULAR CITY
COUNCIL MEETING; AND THAT THE DEVELOPER BE ALLOWED TO SUBMIT REVISED
PLANS TO THE CITY PLANNER BY JULY 28, 1994, TO ADDRESS COUNCIL CONCERNS.
COUNCILMEMBER HOlMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The Cily Council recessed at 8:40 p.m. and reconvened at 8:50 p.m.
6.3. Consider a land Use Amendment and Zone Chanae for Hillside Commercial PUD
bv Phoenix enterprises, Public Heorina. LUA 94-04 and ZC 94-05
City Planner Steve Ach indicated that Riverside Development is requesting a
comprehensive land use plan amendment changing approximately one acre of
property from "medium density residentiai" to "highway business." He indicated
that the Riverside Development is olso requesting a rezoning of approximately
one acre of property from R I e to PUD. The proposals are for property located at
the northeast corner of Highway 169 and 193rd Avenue.
Steve Ach indicated that the Planning Commission unanimously recommended
approval of the request to amend the comprehensive land use plan and for the
rezoning.
Mayor Duitsman opened the public hearing. There being no public comment.
Mayor Duitsman closed the public hearing.
.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-74, A RESOLUTION
AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE fROM MEDIUM
DENSITY RESIDENTIAL TO HIGHWAY BUSINESS, CASE NO. LUA 94-04.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1.
COUNCILMEMBER HOLMGREN ABSTAINED.
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