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12-11-2007 PC MINMEETING OF THE ELK RIVER PLANNING COMMSSION HELD AT THE ELK RIVER CITY HALL TUESDAY, DECEMBER I I, 2007 Members Present: Chair Stevens, Commissioners Austad, Lemke, Scott, Staul and Westgaard Members Absent: Commissioner Anderson Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Park Planner/Planner Chris Leeseberg, Recording Secretary Debbie Huebner Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:34 pm by Chair Stevens. 2. Consider December 11, 2007 Planning Commission Agenda MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE DECEMBER 11, 2007 PLANNING COMMISSION AGENDA MOTION CARRIED 6-0. 3. Consider November 14, 2007 Planning Commission Minutes The minutes were not available and will be considered at the January 8, 2008 Regular Planning Commission meeting. 4. Planning Commission Representative to Attend December 17 2007 City Council Meeting Due to the absence of Commission Anderson, Commissioner Scott will attend this meeting. 5.1. Request by 7040 Lakeland Partners for Conditional Use Permit to Amend Approved Building Materials (Aldi's). Public Hearing -Case No CU 07-32 Mr. Leeseberg presented the staff report for this item and provided photos of the site. He explained that the applicant is requesting the amendment to allow substituting metal standing seam roofing in place of the approved fabric awnings. The reason is based on longevity, as fabric awning would require more maintenance. Mr. Leeseberg noted that both materials meet the design standards, so staff recommends approval of the request. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Commissioner Scott stated he had no issue with the change and supported approval. Chair Stevens concurred, stating that the material was a better fit to match the roofing and also would hold up better. Commissioner Staul stated the material change was consistent with the project. Planning Commission Minutes December 11, 2007 Page 2 MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY 7040 LAKELAND PARTNERS FOR A CONDITIONAL USE PERMIT, CASE NO. CU 07-32, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. ALL WINDOW AWNINGS SHALL BE OF A METAL STANDING SEAM MATERIAL, AS SHOWN ON REVISION SHEETS ~~ASI 6 A1" - ~~ASI 6 A6" 3. THE TWO NORTH FAtsADE ARTIFICIAL WINDOWS SHALL BE EITHER METAL OR FABRIC. 4. ALL CONDITIONS, AS APPROVED ON FEBRUARY 20, 2007, SHALL ALSO BE MAINTAINED. MOTION CARRIED 6-0. 5.2. Request by Better Yards & Gardens for Conditional Use Permit for Trailer Display and Sales, Public Hearing -Case No. CU 07-30 Mr. Leeseberg presented the staff report. Mr. Leeseberg stated that the applicant would like to display and sell park model trail units, not to exceed 400 square feet, which is an extension of the principal use. He reviewed the location and number of trailers to be displayed and recommended setbacks. Mr. Leeseberg also explained that the comments in the letter from MnDOT were based on their assumption that the site was located further to the east, and therefore, did not apply. Staff recommends approval of the request with the 11 conditions listed in the staff report dated December 11, 2007. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Commissioner Westgaard stated that he did not have a problem with the request, since the intent is to provide merchandise for sale, and that the trailers would not be used as accessory structures. He stated he was in favor of supporting the request. Chair Stevens concurred and supported staffs recommended conditions. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY BETTER YARDS AND GARDENS FOR A CONDITIONAL USE PERMIT FOR TRAILER DISPLAY AND SALES, CASE NO. CU 07-30, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. FRONT YARD SETBACK SHALL BE 25-FEET. 3. SIDE YARD SETBACK SHALL BE 10-FEET. 4. THE PARK MODEL TRAILER UNITS SHALL NOT BE USED AS OFFICE SPACE. 5. ALL ELECTRICAL SERVICES TO THE UNITS SHALL MEET STATE ELECTRICAL CODES. 6. ONLY FIVE (5) PARK MODEL TRAILER UNITS SHALL BE ON THE PROPERTY AT ONE TIME. Planning Commission Minutes December 11, 2007 Page 3 7. ONLY TWO (2) OF THE ALLOWED PARK MODEL TRAILER UNITS SHALL VISIBLE FROM HIGHWAY 10. 8. IF MORE THAN FIVE (5) PARK MODEL TRAILER UNITS ARE TO BE ON SITE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 9. PARK MODEL TRAILER UNITS SHALL NOT BE GREATER THAN 400 SQUARE FEET. 10. 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 PARK MODEL TRAILER UNITS. 11. ALL PARK MODEL TRAILER UNITS SHALL BE PARKED ON AN APPROVED SURFACE (NOT LANDSCAPED AREAS). MOTION CARRIED 6-0. 5.3. Request by Louck's Associates for Preliminary Plat Approval for Sonic Restaurant Site Public Hearing -Case No. P 07-12 5.4. Request by Louck's Associates for Conditional Use Permit for Restaurant (Sorucl, Public Hearing -Case No. CU 07-31 The staff report was presented by Sheila Cartney. Ms. Cartney stated that the applicant is proposing to construct a Sonic Restaurant, the first in Minnesota, on the former Burger Time site located at Carson Street and Main Street. She reviewed the site layout, requested signage, platting requirement and resulting non-conforming lot status, right of way issues, traffic flow and access issues, and sidewalk easement. Staff recommends approval of the request with the conditions listed in the staff report. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Commissioner Westgaard stated that he supported the request and felt it would be an improvement to the neighborhood. He stated he had some concerns with the traffic flow and access, and felt the right-out access was obsolete. He questioned how delivery traffic would access the site. Barbara Schneider, Botder Foods, representative for the applicant -stated that deliveries would be made multiple times per week, not every day and would access the site from the northern entrance off Carson Street. She stated that deliveries would be made during off-peak hours via a key entry system. Ms. Schneider stated that they have studied the radius turns for deliveries and are workable. Chair Stevens stated he was uncomfortable with the southeast right-out exit being so close to the intersection. Commissioner Austad asked what the applicant has planned for snow storage and removal. Ms. Schneider explained that they are also the landlord of the Pizza Hut and will be able to use the green space for snow storage. She noted that if that is not adequate, they will haul the snow offsite. Commissioner Staul stated that he welcomed them to Elk River and felt it was a good fit for the Burger Time site. Planning Commission Minutes Page 4 December 11, 2007 Commissioner Scott asked if the southeast exit area exists now? Ms. Cartney stated yes. Chair Stevens stated a condition could be added to remove the exit. Commissioner Westgaard stated that the city's engineer is comfortable with the traffic flow, and he is more knowledgeable in his assessment. Commissioner Lemke stated he did not share their concerns with the exit. Ms. Schneider questioned if staff received her email regarding 24 hours operation. Ms. Cartney stated no. It was the consensus of the Commissioners that the 24-hour operation would be consistent with the neighborhood, since Walgreens and SuperAmerica located nearby are also 24-hour operations. MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY LOUCKS ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A SONIC RESTAURANT, CASE NO. CU 07-31, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED DECEMBER 4, 2007 SHALL BE ADDRESSED. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE AND BUILDING CODES. 4. HOURS OF OPERATION ARE 24 HOURS, SEVEN DAYS A WEEK. MOTION CARRIED 6-0. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY LOUCK'S ASSOCIATES FOR PRELIMINARY PLAT APPROVAL FOR SONIC RESTAURANT, CASE NO. P 07-12, WITH the FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED DECEMBER 4, 2007 SHALL BE ADDRESSED. 2. A LIMITED ACCESS SYMBOL SHALL BE PROVIDED ALONG MAIN STREET WITH THE EXCEPTION OF THE EXISTING DRIVEWAY AND CARSON STREET. 3. A 12 FOOT EASEMENT FOR SIDEWALK/TRAIL PURPOSES SHALL BE DEDICATED ALONG MAIN STREET. 4. A LETTER OF CREDIT IN THE AMOUNT OF 100%, OF THE COST OF THE SITE IMPROVEMENTS, NOT TO EXCEED $50,000 SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE FINAL PLAT FOR RECORDING. MOTION CARRIED 6-0. 5.5. Request by City of Elk River for an Ordinance Amendment Relating To Signs on Public Property. Public Hearing -Case No. ON 07-09 Planning Commission Minutes December 11, 2007 Page 5 Staff report was presented by Sheila Cartney. Ms. Cartney reviewed the proposed changes to the ordinance amendment, including a statement addressing advertisement of an event for more than 30 days, and approval for signs by the City Administrator or designee. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Commissioner Westgaard stated that the added language helps to clarify the issue. MOTION BY COMMISSIONER WESTGARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT RELATING TO SIGNS ON PUBLIC PROPERTY AS OUTLINED IN THE STAFF REPORT, CASE NO. OA 07-09. MOTION CARRIED 6-0. 5.6. Request by Citv of Elk River for an Ordinance Amendment to Section 30-1562 of the Code of Ordinances Relating To Commercial Reserve, Public Hearing -Case No OA 07-13 Mr. Barnhart reviewed the proposed changes to the Commercial Reserve Transitional (CRT) zoning district relating to interim uses. The changes included limiting interim uses to 5 years, requirement for an escrow, and outdoor storage. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Commissioner Lemke asked if Item (14) of the amendment pertains to existing outdoor storage in the CRT. Mr. Barnhart stated yes. Commissioner Westgaard asked if the outdoor storage applied to businesses and farms with outdoor storage. Mr. Barnhart stated no, that the intent is not to apply to general outdoor storage, but permanent intentional storage facilities. Commissioner Westgaard asked if it would apply to a business having 5,000 square feet of office space and 10,000 square feet of storage. Mr. Barnhart stated yes, it would apply. He explained that the city recognizes there are uses which are appropriate in this district now, but may not be appropriate in the future. Chair Stevens stated that the intent is not to have non-business related storage. Mr. Barnhart stated that the intent of the amendment is to balance the interests of the city and the needs of the property owners in this zoning district. Commissioner Lemke asked if a property owner could request an extension. Mr. Barnhart stated that applicants for interim uses will be advised that an extension may be permitted, but not to expect it. Chair Stevens stated that he felt that the property owners with concerns who attended the City Council meeting on this matter in November, left with the understanding that the rezoning was a planning tool and no immediate changes would be made. Commissioner Staul stated that he felt the amendment was appropriate and he had no problem with it as written. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT Planning Commission Minutes December 11, 2007 Page 6 RELATING TO THE COMMERCIAL RESERVE TRANSITIONAL DISTRICT, CASE NO. OA 07-13. MOTION CARRIED 6-0. 6.1. Other Business -December/lanuary Meeting Schedule Changes Mr. Barnhart explained that staff suggests canceling the December and January workshop meetings due to conflicts in scheduling. He noted that if a workshop is necessary in January, the chair could call a special meeting for Tuesday, January 29th. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTGAARD TO CANCEL THE FOLLOWING PLANNING COMMISSION WORKSHOP MEETINGS: - DECEMBER 26, 2007 - JANUARY 22, Zoos MOTION CARRIED 6-0. 7. Adjournment There being no other business, MOVED BY COMMISSIONER WEST TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:33 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk