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02-13-2007 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 13, 2007 Members Present: Commissioners Anderson, Offerman, Ropp, Scott, Stevens and Westgaard. Chair Lemke arrived at 6:40 p.m. Members Absent: Commissioner Westgaard Staff Present: Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Chris Leeseberg, Planner; Rebecca Haug, Environmental Administrator; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:32 p.m. by Vice Chair Stevens. 2. Consider 2/ 13/07 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER ROPP TO APPROVE THE FEBRUARY 13, 2007 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGE: ITEM 5.4. - NOT A PUBLIC HEARING ITEM MOTION CARRIED 5-0. 3. Consider Planning Commission Minutes 3.1. December 12, 2006 Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE DECEMBER 12, 2006 MINUTES. MOTION CARRIED 5-0. 3.1. January 9, 2007 Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JANUARY 9, 2007 MINUTES. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Ropp will attend the February 20, 2007 City Council meeting. 5.1. Request by Orrin Thompson for Rezoning -River Park, Public Hearing -Case No. ZC 07- 01 5.2. Request by Orrin Thompson for Conditional Use Permit ,Public Hearing -Case No. CU 07-02 Planning Commission Minutes Page 2 February 13, 2007 --------------------------- 5.3. Reouest by Orrin Thompson for an Amendment to the Preliminary Plat of River Park, Public Heanng -Case No. P 07-01 Planning Manager Jeremy Barnhart stated that the above-described applications have been deemed incomplete. A public hearing was advertised, so the Commission needs to open the public hearing and receive comments. Staff anticipates a completed application in the coming months and new notices would be published and mailed. Vice Chair Stevens opened the public hearing. There being no one to speak to this issue, Vice Chair Stevens closed the public hearing. 5.4. Request by 7040 Lakeland Partners for Conditional Use Permit for Elk Ridge Center Phase 4 (Aldi, Inc.) -Public Hearing -Case No. CU 07-27 Chair Lemke arrived at this time (6:40 p.m.) Staff report presented by Planner Chris Leeseberg. He reviewed the seven standards for granting a Conditional Use Permit, and explained how the application meets each standard. Mr. Leeseberg explained that the PUD agreement states that all site plan requests need to be reviewed by the Planning Commission and approved by the City Council via a public hearing. He stated that he will provide a review of the architecture as it pertains to the design standards, consistency of the building placement with the approved development, vehicular circulation, utilities and other issues. He noted that the use of the building is not being reviewed, as it is permitted use by both the Comprehensive Plan and zoning classification. Mr. Leesberg provided background information regarding the land use designation of the site, in relationship to the Comprehensive Plan. He also explained how the use conforms to the development plan for Elk Ridge Center. He then reviewed the details of his memo to the Commission regarding the revised site plan, including the building design, facade, entrance, roof lines, service/loading areas, site amenities, parking/landscaping, lighting and signage. Mr. Leeseberg stated that the location of the proposal is consistent with the Development Plan; the use is a Permitted Use in the Planned Unit Development Agreement; the use is consistent with the Comprehensive Plan; the building design meets the Elk Ridge Center Development Design Standards and the landscaping is consistent with the Development Plan; and that the Zero Lot Line Development complies with the standards set for in Section 30-654 of the City's Land Use Regulations. Commissioner Anderson stated that he would recommend including a condition that all roof top mechanical units be screened. He acknowledged that the applicant listened to the Planning Commission's concerns and has addressed their issues. Commissioner Stevens concurred with Commissioner Anderson. He thanked staff for going through each issue, line byline. Commissioner Anderson also thanked the developer for listening to their concerns and that he was pleased with the design. Commissioner Lemke suggested the added condition to state, "roof top view points for G and H shall be screened". Planning Commission Minutes February 13, 2007 Page 3 Commissioner Scott concurred with Commissioners Anderson and Stevens and could support the request. He stated the drawings were much improved and that the workshop session was time well spent. He stated that from an architectural standpoint, he had not issues with the request. He thanked the developer. Commissioner Offerman stated he concurred that there is a great difference in the design from what they had previously reviewed. He asked the developer if the project will be actually built as detailed in the drawings, or if this is just a representation of what maybe built, including the stone and wood products, etc. John Hempel, developer of the project, stated yes, this is what will be built. MOTION BY COMMISSIONER STEVENS ,SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY 7040 LAKELAND PARTNERS FOR A CONDITIONAL USE PERMIT FOR ELK RIDGE CENTER PHASE 4 PLAN BASED ON THE FOLLOWING FINDING: 1. THE REQUEST IS CONSISTENT WITH ALL OF THE STANDARDS REQUIRED TO ISSUE A CONDITIONAL USE PERMIT AND WITH THE FOLLOWING CONDITIONS: 1, ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED DATED DECEMBER 7, 2006. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES 4. LIGHTING SHALL COMPLY WITH THE ELK RIDGE CENTER DEVELOPMENT DESIGN STANDARDS. 5. ALL CONCRETE MASONRY UNITS SHALL BE INTEGRALLY COLORED. 6. ALL SIGNAGE SHALL REQUIRE A SIGN PERMIT AND BE REQUIRED TO MEET THE REQUIREMENTS OF THE ELK RIDGE CENTER DESIGN GUIDELINES. 7. THE FINAL PLAT SHALL BE RECORDED BEFORE ANY PERMITS WILL BE ISSUED OR SITE WORK CAN BEGIN. 8. NO OUTDOOR DISPLAY/STORAGE SHALL BE ALLOWED ON SITE. 9. BUILDING MATERIAL STYLES AND COLORS SHALL BE PROVIDED AT OR PRIOR TO THE FEBRUARY 20, 2007 CITY COUNCIL MEETING. 10. LIGHTING SHALL COMPLY WITH THE DESIGN STANDARDS AND EXHIBITS INDICATING LOCATIONS ON THE BUILDING AND ON THE SITE SHALL BE PROVIDED TO STAFF TO INCLUDE IN THE MEMORANDUM FOR THE FEBRUARY 20, 2007 CITY COUNCIL MEETING. 11. THE REMAINING SQUARE FOOTAGE OF BUILDINGS WITHIN THE APPROVED PUD SHALL BE REDUCED BY 1,220 SQUARE FEET. 12. A LETTER OF CREDIT, IN THE AMOUNT OF $50,000, SHALL BE PROVIDED COVERING ON SITE IMPROVEMENTS FOR LOT 1 BLOCK 1 ELK RIDGE CENTER 4~ PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. 13. ALL ROOF TOP UNITS SHALL BE SCREENED FROM VIEW FROM ANY ADJACENT STREET. MOTION CARRIED 6-0. Planning Commission Minutes February 13, 2007 --------------------------- Page 4 5.5. Request by Tiller Corporation for Conditional Use Permit to Amend Existing Permit Hours of Operation, Public Hearing -Case No. CU 07-08 Staff report presented by Environmental Administrator Rebecca Haug. Ms. Haug stated that Tiller Corporation requests extending their current hours of their mining operation of 7 a.m. to 7 p.m. Monday through Saturday, to 4 a.m. to 10 p.m. Monday through Friday. She stated that the Sherburne County Planning Commission and County Board have approved the request. Kirsten Polley, representing Tiller Corporation - Reviewed the noise assessment document prepared by David Braslau Associates, Inc. She noted that the largest noise complaint is the backup alarms. She stated that strobe lights will be used during the nighttime hours, but that all of Tiller's vehicles will be retropitted with a new type of alarm for daytime use. This alarm has a broadband frequency which blends in at a distance from the source. Chair Lemke opened the public hearing. There being no to speak to this issue, Chair Lemke closed the public hearing. Commissioner Scott suggested that a condition be included to retest the noise levels after startup, to ensure compliance. Commissioner Stevens questioned when the resting should be done and if three months would be a good time. Ms. Haug stated that would be sufficient. Commissioner Anderson felt the maximum time for resting should be less than 60 days, since the operation is scheduled to end mid July, or approximately 120 days. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE REQUEST BY TILLER CORPORATION TO AMEND THEIR CONDITIONAL USE PERMIT TO EXTEND THEIR HOURS OF OPERATION, CASE NO. CU 07-08 WITH THE CONDITIONS LISTED IN THE STAFF REPORT DATED FEBRUARY 13, 2007 WITH THE FOLLOWING CONDITION: 1. THE NOISE LEVELS WILL BE TESTED WITHIN 60 DAYS OF OPERATION TO ENSURE COMPLIANCE. MOTION CARRIED 6-0. 5.6. Request by Dale/Ann Beaudry for Rezoning from R2 to R2b Public Hearing -Case No ZC 07-03 Park Planner/Planner Chris Leeseberg stated that the applicant has requested that his application be postponed to the March 13, 2007 Planning Commission meeting. He stated that a public hearing has been advertised. Chair Lemke opened the public hearing. The public hearing will be continued to the March 13, 2007 Planning Commission meeting. Planning Commission Minutes Page 5 February 13, 2007 --------------------------- 5.7. Request by Arneson Construction for a Conditional Use Permit for Expansion of GRE Energy Facility, Case No. CU 07-05 Staff report presented by Senior Planner Sheila Cartney. GRE requests an amendment to their conditional use permit to allow an expansion to their Building #2 to house their mobile equipment. Ms. Cartney reviewed the design and building materials for the proposed addition. She stated that the request appears to meet all seven of the standards for issuance of a conditional use permit. Chair Lemke opened the public hearing. 'T'here being no public comment, Chair Lemke closed the public hearing. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY ARNESON CONSTRUCTION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN EXPANSION FOR THE GRE ENERGY FACILITY, CASE NO. CU 07-05, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. THE ADDITION SHALL BE A MAXIMUM OF 2,500 SQUARE FEET AND 20 FEET IN HEIGHT. MOTION CARRIED 6-0. 5.8. Request by dy Thue for a Conditional Use Permit to Allow Auto Repair Public Hearing - Case No. CU 07-06 Staff report presented by Senior Planner Sheila Cartney. The applicant, Randy Thue, requests a conditional use permit to allow auto detailing, auto brokerage and preventative maintenance shop at 568 Dodge Avenue. Ms. Cartney stated that Mr. Thue proposes having three vehicles on site for clients to use while their vehicle is being serviced, and that these vehicles would be stored inside overnight. Ms. Cartney reviewed the nature of Mr. Thue's business, hours of operation and number of employees. Staff recommends approval of the request with the six conditions in the staff report. Commissioner Stevens asked what was the difference between auto service and auto repair. Mr. Barnhart described the three categories and explained the differences. He stated that he believed the use being proposed fits within the Planned Unit Development Agreement as an auto service use. Chair Lemke opened the public hearing. Gary Santwire, Rivers Crossing, managing partner for the properties to the north and south of the subject site -Distributed copies of the Barrington Place Planned Unit Development Agreement. Mr. Santwire stated that on page three of the agreement, auto repair was prohibited, and the intent was to provide professional businesses. He explained that in 1980 when the PUD was approved, there was only one definition of auto repair. He stated that he objected to the Goodyear Store when it was proposed, for that reason, and due to noise issues. He stated that the conditional use pemut request was withdrawn and a permit was issued for a tire sales facility, which became Goodyear. He stated he did not know how or why this happened. He stated that the problem with auto repair is the use of Planning Commission Minutes February 13, 2007 --------------------------- Page 6 air tools/impact wrenches which generate noise which is disruptive to professional office uses. He stated that there are professional offices on both sides of the requested operation. He felt it would not be possible to approve the request and still comply with the conditions in the original PUD agreement. He stated that if the building doors were kept closed, the problem would be solved. Mr. Santwire asked if the applicant mentioned the use of air tools. Ms. Cartney stated that none were mentioned in the application. Mr. Santwire stated that a hoist is shown in the drawing, and that if the applicant cannot address the noise issue, he asked that the Planning Commission recommend denial. Commissioner Stevens stated that according to the PUD Agreement, service stations with two axels are allowed. Approval of the conditional use permit would require that the applicant comply with all of the standards. Randy Thue,19600 Zane Street NW, Elk River -Stated he has been a resident of Elk River for nine years. He stated that as an example of his business, a plumber may bring in his vehicle for servicing which includes a safety inspection, diagnostics and oil change. He stated that the impact tools he uses are quiet. No fire work will be done, and if required, will betaken off site. Brakes will be replaced if needed. Commissioner Anderson asked if the applicant would have a problem with including a condition that the doors be closed when work is being done. Mr. Thue stated that the impacts guns are very quiet, and having the doors closed in hot weather would be a problem, since the building is not air conditioned and there would be no air movement. Mr. Santwire stated that a fire machine is shown on the drawing. Mr. Thue stated that he did show one in the drawing, but that he has since decided that he does not have room for one, and any fire work can easily be taken off-site. Commissioner Stevens asked if the hoist is used for oil changes. Mr. Thue stated yes. Mr. Santwire stated that he would be comfortable with the request if the applicant agrees to control the noise. Mr. Santwire stated that he was not sure if the City's ordinance addresses noise in commercial areas. Commissioner Anderson suggested a condition be included that work will be done with the doors closed, when noise is an issue. Chair Lemke noted that all state and local noise regulations would need to be met anyway. Commissioner Offerman stated that the type of work being proposed seems to be consistent with the PUD agreement, since it is maintenance of wear items, not repair. He stated that hoists can sometimes be noisy, and asked what type of hoist will be used. Mr. Thue stated that the hoist is hydraulic over electric and is actually very quiet. Commissioner Offerrnan stated that if the applicant agrees to close the doors when noise is a concern, he did not have any objections to the request. There being no further public comment, Chair Lemke closed the public hearing. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY RANDY THUE FOR A CONDITIONAL USE PERMIT FOR AUTO REPAIR AT 568 DODGE AVENUE, CASE NO. CU 07-06, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. Planning Commission Minutes Page 7 February 13, 2007 --------------------------- 3. MAJOR VEHICLE REPAIR IS PROHIBITED. 4. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY GARY LEIRMOE, WWTP CHIEF OPERATOR FOR PROPER OIL, ANTI-FREEZE AND OTHER LUBRICANT DISPOSAL. ANY MODIFICATIONS DEEMED NECESSARY SHALL BE COMPLETED PRIOR TO OPERATION. 5. NO MORE THAN THREE CARS RELATED TO THE BUSINESS CAN BE STORED ON SITE AND SHALL BE KEPT INSIDE THE SHOP OVERNIGHT. 6. ALL SIGNAGE REQUIRES APPLICABLE SIGN PERMITS. 7. THE TENANT WILL CONTROL NOISE BY CLOSING THE DOORS AS WARRANTED. MOTION CARRIED 6-0. 5.9. Request by J~ John's Restaurant for a Conditional Use Permit to Locate Restaurant in Carson Business Center, Public Hearing -Case No CU 07-07 Staff report presented by Senior Planner Sheila Cartney. Ms. Cartney reviewed the request by Jimmy Johns Restaurant to locate in the multi-tenant building at 18157 Carson Court, including size and layout, hours of operation, number of employees, shared access and parking, and signage. She explained that Lot 2-5 of Carson Business Park are limited to 330 p.m. peak hour trips and that Jimmy Johns will occupy 1,593 square feet with peak p.m. grips estimated at 17, resulting in 59 remaining trips for the additional square footage on Lot 2. Commissioner Stevens questioned how the remaining space would be leased, with only 59 trips remaining to be allowed on for Lot 2. Planning Manager Jeremy Barnhart noted that Caribou does not create the traffic to cause concern in the p.m. hours. He stated that the remainder of the site will likely need to be filled with less intense trip generation uses or general retail. He noted that the study was based on a more conservative scenario. Chair Lemke opened the public hearing. There being no public comment, Chair Lemke closed the public hearing. Commissioner Anderson suggested a review the trip generation model. He stated he would like counts for what businesses are actually out there. Chair Lemke stated that the Carson Business Park was approved on the basis of counts in the ITE manual. Commissioner Stevens concurred. He stated that if the trips are actually lower than what was anticipated, the figures may need to be revised. He stated he would not want to see empty lease spaces. Commissioner Ropp concurred. Commissioner Anderson stated that he would like to see this issue reviewed before additional approvals are requested for this site. Commissioner Scott stated that he would not want to restrict development more than necessary, and he would like to discuss the issue with City Engineer Terry Maurer. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER ROPP TO RECOMMEND APPROVAL OF THE REQUEST BY JIMMY JOHN'S TO CONSTRUCT A RESTAURANT IN CARSON BUSINESS CENTER, CASE NO. CU 07-07, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes Page 8 February 13, 2007 --------------------------- 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. ANY SIGNAGE WILL REQUIRE AN APPROVED SIGN PERMIT PRIOR TO INSTALLATION MOTION CARRIED 6-0. Gary Jannis, 264 77~ Street, Delano, MN - Stated that he was the owner of Carson Street Station. He explained that Wink Associates was hired before development of the site to do a traffic study. He stated that they have been careful not to lease to tenants who generate a large volume of traffic. He stated that they are still able to accommodate asit-down restaurant, and that leasing for the remainder of the site will be completed soon. He stated that he understood the Commission's concerns, but that they will abide by what was approved. 6. Staff Report - Gatew~ Planning Manager Jeremy Barnhart stated that over the last several weeks, he has had discussions with the property owners adjacent to the Gateway project. He noted the following upcoming topics for the February 27~h workshop: • Election of Chair and Vice Chair • Traffic counts • Gateway • Goals/priorities for future research projects 7. Other Business -None Adjournment There being no further business, MOVED BY COMMISSIONER STEVENS TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:12 p.m. Renspectfully submitted, Debbie Huebner Recording Secretary