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06-10-2008 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER CITY HALL TUESDAY, JUNE 10, 2008 Members Present: Chair Westgaard, Commissioners Anderson, Austad, Lemke, Scott, Staul and Westberg Members Absent: None Staff Present: Planning Manager Jeremy Barnhart, 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 7:10 p.m. by Chair Westgaard. 2. Consider June 10, 2008 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE JUNE 10, 2008, PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS: 6.1. UPDATE ON MAY 19, 2008 CITY COUNCIL MEETING BY COMMISSIONER STAUL 6.2. PLANNING MANAGER'S ITEMS MOTION CARRIED 7-0. 3. Consider May 13, 2008 Planning Commission Minutes MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER STAUL TO APPROVE THE MAY 13, 2008 PLANNING COMMISSION MINUTES. MOTION CARRIED 7-0. 4. Commissioner to Attend June 16, 2008 City Council Meeting Commissioner Staul will attend the June 16, 2008 City Council meeting. 5.1. Request by C & P Properties, LLC for Interim Use Permit for Additional Temporary Classrooms. Case No. CU 08-11- Public Hearin Mr. Leeseberg provided background information regarding the previous approval of an Interim Use Permit for Spectrum School. He explained that the school must reach a student population of 285 in order to be eligible for funding for their planned permanent facility. He reviewed issues regarding access, noting that the applicant does not yet have control of the needed property to shift the access to line up with Johnson Street. He stated that the applicant will be required to provide the necessary access and turn lanes when the permanent building is constructed. Planning Commission Minutes p~g~ 2 ~unu 10, ?008 Chair Westgaard opened the public hearing. Ed Youngquist, representing the applicant (C & P Properties, LLP) -stated that he is working with Spectrum to address the future access, and he has been in phone contact with the property owners regarding the necessary acquisition or easement for the required access. There being no further public comment, Chair Westgaard closed the public hearing. Commissioner Westgaard asked if the only change was the additional portable structures. Mr. Leeseberg stated yes. Commissioner Anderson noted that Condition #3 states Conditional Use Permit, and should read "Interim Use Permit". Commissioner Scott stated he had no concerns with the request. Commissioner Staul concurred. He stated that the application is making an effort to grow in order to meet their goals of a permanent school. Commissioner Westberg asked if the request is for one temporary structure. Mr. Youngquist explained that the buildings come in units. He stated that the new units have to be detached from the existing temporary classrooms in order to meet fire codes. Commissioner Westberg asked if Spectrum will need more units in order to reach their goal of 285 students. Mr. Youngquist stated that they plan to add a total of 7 units; four this year and three next year. The end units will be taken of the four units and the three additional units will be slid in, and then the ends will be put back in place. Commissioner Lemke suggested that Condition #7 be revised to read, "If a NPDES permit is required, the applicant shall obtain the permit." Mr. Barnhart stated that this approval will cover all seven units; four this year and three next year, so no new approvals will be required. Chair Westgaard asked if the final units next year will accommodate 285 students. Bob Freeh, Assistant Administrator for Spectrum School, stated that he feel they will be very close. He noted that they have begun the building process, and they are trying to be as frugal as possible in order to meet their goals. MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REQUEST BY C & P PROPERTIES, LLP FOR AN INTERIM USE PERMIT FOR TEMPORARY CLASSROOMS FOR SPECTRUM SCHOOL PER THE STAFF REPORT AND INFORMATION PRESENTED AT THE MEETING, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE PUBLIC WORKS DIRECTOR MEMO DATED MAY 20, 2008 SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF THE SHERBURNE COUNTY MEMO DATED MAY 13, 2008 SHALL BE ADDRESSED. 3. AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT; THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. Planning Commission Minutes ~une lU, 2008 Pagc 3 4. THE TEMPORARY ACCESS SHALL BE PERMITTED AS SHOWN UNTIL ENROLLMENT REACHES 285 STUDENTS AND/OR WHEN THE PERMANENT BUILDING IS CONSTRUCTED. AT THAT TIME, A PERMANENT ACDESS SHALL BE CONSTRUCTED AT THE JOHNSON STREET ALIGNMENT WITH REQUIRED TURN LANES AS REQUIRED BY SHERBURNE COUNTY. 5. IF ANY ADDITIONAL TEMPORARY CLASSROOMS ARE REQUIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 6. A WETLAND BUFFER OF 25 FEET SHALL APPLY TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES. 7. IF AN NPDES PERMIT IS REQUIRED, IT SHALL BE OBTAINED PRIOR TO CONSTRUCTION. 8. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE LANDSCAPE, SITE STABILIZATION IMPROVEMENTS, TO A MAXIMUM OF $50,000 SHALL BE SUBMITTED PRIOR TO RELEASING OF THE BUILDING PERMIT. 9. THE INTERIM USE PERMIT SHALL EXPIRE ON JULY 1, 2010. MOTION CARRIED 7-0. 5.2. Reduest by Raymond Renner/Sharp & Associates for Preliminary Plat Approval enner 4~" Additionl. Case No. P08-OS -Public Hearin Mr. Barnhart reviewed the location, zoning, and layout of the subject property. He also reviewed issues associated with the plat such as access, streets, park dedication, utilities (septic and well) and landscaping. He stated that the request is consistent with the current zoning and Comprehensive Plan, and that staff recommends approval of the request with the eleven conditions listed in the staff report. Chair Westgaard opened the public hearing. There being no public comment, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY RAYMOND RENNER/SHARP & ASSOCIATES FOR PRELIMINARY PLAT APPROVAL OF RENNER 4TH ADDITION), CASE NO. P 08-05 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE PUBLIC WORKS DIRECTOR'S MEMO DATED MAY 20, 2008 SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF THE CITY OF ELK RIVER ENVIRONMENTAL TECHNICIAN'S MEMO DATED MAY 19, 2008 SHALL BE ADDRESSED. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PERSERVE THE HEALTH AND SAFETY. 4. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED. A. TEMPORARY CUL-DE-SAC Planning Commission Minutes dune 10, 2008 Ya~c 4 B. UTILITY EASEMENTS FOR THE SHARED WELL 5. A NPDES PERMIT AND SWPPP PLAN ARE REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 6. AN ASSOCIATION SHALL BE ESTABLISHED FOR THE SHARED WELL SYSTEM, IDENTIFYING AND SHARING MAINTENANCE AND USE COSTS. 7. APPROVED STREET SIGNAGE PLAN SHALL BE SUBMITTED PRIOR TO FINAL PLAT APPLICATION. 8. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: A. IN THE FORM OF CASH FOR FOUR ACRES (AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT RELEASE (2008 RATE $3,320/ACRE). 9. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE FINAL PLAT FOR RECORDING. 10. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTDRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 11. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER 1 YEAR, UNLESS THE PROPERTY OWNER OR OWNER'S AGENT HAS SUBMITTED A FINAL PLAT OR LETTER OF REQUEST FOR EXTENSION. MOTION CARRIED 7-0. 5.3. Request by Earl Hohlen for Site Plan Review (Zane Street Commons) Case No P 07-09 - Public Hearin Mr. Barnhart reviewed items covered in the staff report regarding location, zoning, easements, access, parking, elevations, signage, and landscaping. He noted that proposal is consistent with the Elk River Crossing Planned Unit Development Agreement regulations. Commissioner Staul asked if Great River Energy is the only utility easement. Mr. Barnhart stated that their easement is the only one staff is aware of at this time, but that the condition could be revised to cover others by using the language, "necessary parties". Commissioner Westberg asked if the area is part of the corridor for the gas line to the future peaking plant. MR. Barnhart stated that the area is likely part of the improvement. Chair Westgaard opened the public hearing. Tim Gillette of Hagermeister, representing the applicant -explained that the easement is across Parcel #2 and that the easement does not inhibit the site plan. He stated that the upgrade to the transmission lines does not affect the property, since it is along the very south boundary of the property. He noted that Great River Energy has given their preliminary approval. Commissioner Scott stated that he felt that some extra effort should be made to architectural components, especially in the backs of buildings, in order to complement the Carson Business Park across Highway 169. Commissioner Staul concurred, stating that this area is Planning Commission Minutes Page 5 June 1Q 2008 the first thing motorists see when entering Elk River. Commissioner Westgaard stated he would hesitate including a condition that Great River Energy (GRE) vacate their easement, since there may be alternatives there are not aware of. He suggested that the item could be tabled until the city receives formal input from Great River Energy. Commissioner Staul concurred. He stated that staff and the Commission may not be aware of all the options GRE may have to work with the applicant. Mr. Barnhart stated that the purpose of the condition is to give due respect to GRE, since they may be able to vacate only the portion required for the site plan. He noted that the city did receive a letter from GRE stating that based on their preliminary review, they had no problem with the request. Wally Hohlen, representing Zane Street Commons -noted that there are no issues with easement in Phase 1, only Phase 2. He noted that the guide lines on GRE's poles are out of the easement area. Commissioner Anderson stated that issues could be addressed in Phase 2 when the request comes forward for a conditional use permit and platting. He stated he concurred with Commissioner Scott's comments regarding aesthetics of the buildings, but felt motorists may be more focused on the future peaking plant. Commissioner Westberg suggested that some improvements could be made to the garage door-type entrances. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY EARL HOHLEN FOR SITE PLAN REVIEW OF ZANE STREET COMMONS, CASE NO. SP 08-08, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE PUBLIC WORKS DIRECTOR MEMO DATED MAY 22, 2008 SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF CITY ENVIRONMENTAL TECHNICIAN MEMO DATED MAY 19, 2008 SHALL BE ADDRESSED. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY. 4. VACATION OF EASEMENTS BY THE NECESSARY PARTIES TO ALLOW THE SITE PLAN AS PROPOSED. 5. PROVISION OF EASEMENT TO PROVIDE ACCESS TO TRIANGULAR OUTLOT TO THE SOUTH. 6. PROVISION OF AN EASEMENT TO PERMIT THE ENCROACHMENT OF PARKING ON CITY PROPERTY. 7. CONDITIONAL USE PERMIT (CUP) APPROVAL, INCORPORATING THE SUBJECT PROPERTY INTO THE PLANNED UNIT DEVELOPMENT MASTER PLAN (ALLOWING THE REDUCED PARKING LOT SETBACK), AND ALLOWING THE SIGNAGE AS PROPOSED. 8. FINAL PLATTING OF THE PROPERTY, INCLUDING THE PAYMENT OF PARK DEDICATION AND OTHER FEES. 9. PROVISION OF A LANDSCAPE PLAN PER THE REQUIREMETNS OF SECTION 30-934. Planning Commission Minutes p;~~~ ~, Junc 10, 2008 MOTION CARRIED 6-0. 5.4. Request by Scott Powell for Ordinance Amendment Regarding Menu Board Signs for Non- Restaurant Businesses. Case No. OA 08-05 -Public Hearin Mr. Barnhart stated that the proposed ordinance amendment would allow other any business with adrive-up/walk-up window to have a menu board. Staff recommends approval of the amendment as submitted in the staff report. Commissioner Staul asked if the ordinance has a definition for menu boards. Mr. Barnhart stated yes. Commissioner Westberg asked if pharmacies could have a menu board. Mr. Barnhart stated yes. Commissioner Lemke asked if a bank drive-thru would be included. Mr. Barnhart's response was affirmative, also. Chair Westgaard opened the public hearing. Stephen Rohlf, representing the applicant, Scott Powell -stated that there are four other carwashes that have menu boards. Commissioner Staul stated that his only concern that it may be too broad to allow all businesses with drive-up/walk-up windows to have menu boards. He suggested that they express this concern to the City Council in the minutes. Mr. Barnhart stated that it would be more appropriate to take the Planning Commission's comments and present a revised ordinance amendment to the City Council. Commissioner Anderson stated that he felt the ordinance should limit menu boards to restaurants and carwashes, and they could look at including other businesses after looking at the issue further. Commissioners Westberg and Staul concurred. Commissioner Lemke questioned whether or not businesses would use the menu board as advertising. Mr. Barnhart stated that the intent is to limit the use to listing items/services for purchase. Commissioner Staul stated he was in favor of being more conservative. Mr. Rohlf stated that the purpose of the menu board is to identify products and help move customers through the line more quickly, and that he felt the purpose was similar for restaurants and carwashes. MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE PROPOSED ORDINANCE AMENDMENT REQUEST BY SCOTT POWELL REGARDING MENU BOARD SIGNS FOR NON-RESTAURANT BUSINESSES, CASE NO. OA 08-05, AS FOLLOWS: G. ONE ON-PREMISE MENU BOARD PER DRIVE-UP OR WALK-UP LAND OF A DRIVE-IN RESTAURANT OR CARWASH UP TO A MAXIMUM OF 32 SQUARE FEET EACH. MENU BOARDS ARE ALLOWED TO HAVE A MESSAGE ON ONE SIDE ONLY AND MAY NOT CONTAIN AN ADVERTISING MESSAGE. Planning Commission Minutes J~nc 10, 2008 MOTION CARRIED 7-0. Pagc 7 5.5. Reduest by City of Elk River for Ordinance Amendment Regarding Placement of Black Dirt, Public Hearing -Case No. OA 08-06 Mr. Barnhart stated that staff is completing its review of a proposed ordinance to require placement of topsoil in an effort to conserve water, which has been prepared by the Elk River Utilities Cotmnission. He explained that the item was advertised and therefore, it is necessary for the Planning Commission to open and continue the public hearing to the July 8, 2008 Planning Commission meeting. Chair Westgaard opened the public hearing. Stephen Rohlf -stated that he questioned how such an ordinance could be enforced. He stated that he felt the purpose of planning was to address health, safety and welfare and that sometimes regulations can be too restrictive. MOTINO BY COMMISSIONER LEMKE AND SECONDED BY COMMISIIONER AUSTAD TO CONTINUE THE PUBLIC HEARING AND TABLE THE REQUEST FOR AN ORDINANCE AMENDMENT, CASE OA 08- 06, TO THE JULY 8, 2008 PLANNING COMMISSION MEETING. MOTION CARRIED 7-0. 6.1. Update on May 19. 2008 City Council Meeting Commissioner Staul provided an update on the May 19, 2008 City Council meeting. 6.2. Planning Manager's Items Mr. Barnhart introduced Jeff Gongoll, Community Development Director. He noted that Senior Planner Sheila Cartney has left the City of Elk River to take a job with the City of Columbia Heights. Adiournment There being no other business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:22 p.m Submitted by, Debbie Huebner Tina Allard, Cary Clerk