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11-10-2008 PC MINSPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL MONDAY, NOVEMBER 10, 2008 Members Present: Chair Westgaard, Commissioners Anderson, Austad, Lemke, Scott and Westberg Members Absent: Commissioner Staul Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Park Planner; Rebecca Haug, Environmental Administrator; Debbie Huebner, Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 5:30 p.m. by Chair Westgaard. 2. Consider 11 /10/08 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE NOVEMBER 10, 2008 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider 10/14/08 Planning Commission Minutes MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE OCTOBER 14, 2008 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend November 17, 2008 City Council Meeting Commissioner Austad will attend the November 17, 2008 City Council meeting. 5.1. Reduest by Resource Recovery Technologies,. LLC for Conditional Use Permit Renewal, Case No. CU 08-22 -Public Hearin Ms. Haug provided background information on the license and conditional use permit (CUP) renewal for the refuse-derived fuel operation at 10700 165~h Avenue. She reviewed minor changes to the license and CUP, which consisted of dates and changes in staff. Chair Westgaard opened the public hearing. No comments were received and the public hearing was closed. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY RESOURCE RECOVERY TECHNOLOGIES, LLC FOR RENEWAL OF THEIR CONDITIONAL USE PERMIT AND LICENSE AS PRESENTED IN THE STAFF REPORT TO THE COMMISSION DATED NOVEMBER 10, 2008. MOTION CARRIED 6-0-. Planning Commission l~linutes Page 2 November 10, 2008 --------------------------- 5.2. Request by Fred McCoy (McCoy's Pub) for Conditional Use Permit for Patio Addition Case No. CU 08-24 -Public Hearin Mr. Leeseberg stated that staff requests that the public hearing for this item be opened for comment, and the item be postponed to the December 9, 2008 meeting. He explained that staff is still working with the applicant to address the bluff block setback and other concerns. Chair Westgaard opened the public hearing. There were no comments from the audience. Chair Westgaard noted that the public hearing is continued to the December 9, 2008 meeting. MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER LEMKE TO POSTPONE THE REQUEST BY FRED MCCOY FOR A CONDITIONAL USE PERMIT TO THE DECEMBER 9, 2008 PLANNING COMMISSION MEETING. MOTION CARRIED 6-0. 5.3. Request by FEC Holdings, LLC for Conditional Use Permit for Restaurant (Country Crossing Business Center). Case No. CU 08-25 -Public Hearing Mr. Leeseberg stated that the applicant proposed to operate a 40-seat restaurant in the western building (13489 Business Center Drive) in Country Crossing Business Center. Mr. Leeseberg reviewed the hours of operation, number of employees, and signage. Chair Westgaard opened the public hearing. There being no public comment, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY FEC HOLDINGS, LLC FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT IN COUNTRY CROSSING BUSINESS CENTER WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. A SIGN PERMIT WILL BE REQUIRED FOR EACH EXTERIOR SIGN. 3. ONLY TWO (2) WALL SIGNS SHALL BE ALLOWED. MOTION CARRIED 6-0. 5.4. Request bY~ina Andrews for Conditional Use Permit for Veterinary Clinic (Animal & Exotic Wellness Center). Case No. CU 08-23 -Public Hearing Commissioner Austad excused himself from discussion and action on this item. Mr. Leeseberg reviewed details of the request regarding location, number of employees, hours of operation and parking. Staff recommends approval with the three conditions listed in the staff report. Chair Westgaard opened the public hearing. Planning Commission Minutes November 10, 2008 Page 3 Jina Andrews, applicant -stated she was available to answer questions for the Commission. Commissioner Westberg asked if they should have any concerns for the adjacent daycare such as allergies or animals getting loose. Ms. Andrews stated that the ventilation system is not shared so there should be no concerns for allergies. She stated that animals would not be allowed to run loose under their care, however, she could not guarantee that an animal would never get away from a client. Commissioner Lemke asked if pets would be kept overnight after surgery. Ms. Andrews stated that occasionally that might happen, if a client was not able to get there before closing. There being no other comment, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY JINA ANDREWS FOR A CONDITIONAL USE PERMIT FOR A VERTERINARY CLINIC (ANIMAL & EXOTIC WELLNESS CENTER), CASE NO. CU 08-23, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. A SIGN PERMIT WILL BE REQUIRED FOR ANY EXTERIOR SIGNAGE. 3. ALL ANIMALS SHALL BE KEPT INDOORS. MOTION CARRIED 5-0. 5.5. Request by Winkelman Building Corp. for Conditional Use Permit for Minnesota School of Business (IVISBI, Case No. CU 08-21 Mr. Barnhart reviewed the site plan for the proposed 31,000 square foot, 2-story Minnesota School of Business building. He noted that staff has worked with the applicant to adjust the grading plan to leave as many. trees as possible and meet the minimum parking requirement. Chair Westgaard opened the public hearing. Michelle Koteles, 19279 Dodge Street -stated her concern with the number of trees that were removed and asked if a some type of landscaping trees such as blue spruce, could be planted along the driveway on the east side of the building to help screen the building from the neighboring residences. Mr. Barnhart stated that there is not much room for trees in the area she suggested, with the anticipated future development. Ms. Koteles asked the applicant if an expansion was proposed in their plans. She also questioned how late the building lighting would be on. Mr. Barnhart stated that security lighting would remain on all night, which would impact some of the neighbors. He noted that the applicant would need to meet the city's lighting standards. Ms. Koteles asked how long it would be before the intersection would be changed. Mr. Barnhart stated that the City Council will be considering award of the contract in the near future, but he could not predict when the intersection improvements would be completed. He noted that the intersection would not be signalized until traffic counts were significant enough to warrant a signal. He noted that it would likely be a couple of years before MSB would reach maturity regarding the number of students. Ms. Koteles stated that there are already a number of driveways onto 193r~ Avenue. Mr. Barnhart stated that there also is a vacant lot next to the proposed MSB, but that a shared driveway is planned to limit the number of driveways. Planning Commission Minutes November 10, 2008 Page 4 Keith Schupp, 340 Highway 10 South, representing Winkelman Building Corp. - he provided information regarding the location and type of trees (red and sugar maples) for the project. He noted that the trees would be oversized. He stated that the lighting would be directed downward to limit its impacts. He stated that they are trying to be neighborhood- friendly. There being no further comment, Chair Westgaard closed the public hearing. Commissioner Anderson asked if the median will remain on 193r~ Avenue at this intersection. Mr. Barnhart stated that the median will be revised to allow full access movements. He noted that the drawings do not show the future changes on 193~~ avenue. Commissioner Anderson asked how full access would function, since there is difficulty now getting onto 193~~ Avenue from Evans Street. Mr. Barnhart stated that the plan was reviewed at staff level and engineering staff felt that the intersection would function properly will full access. He noted that when improvements are completed for the 193~d Avenue Corridor, this intersection will be designed to be signalized at some point in the future. Chair Westgaard questioned the number of parking spaces and asked if it would be adequate for the anticipated maximum 750 students. Mr. Myhre of Minnesota School of Business stated that the classes are scheduled throughout the day and evening hours, and that the total enrollment includes online students. Chair Westgaard stated that he would like to see a buffer for the residential. He asked if the lights would be full cutoff. Mr. Barnhart stated the ordinance requires full cut-off lighting, and that only security lighting would remain on after closing in the evening. He stated that staff has concerns with screening the east side of the building with vegetation. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REUQEST BY WINKELMAN BUILDING CORP. FOR A CONDITIONAL USE PERMIT FOR MINNESOTA SCHOOL OF BUSINESS (MSB), CASE NO. CU 08- 21, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE PUBLIC WORKS DIRECTOR MEMO DATED OCTOBER 10, 2008 SHALL BE ADDRESSED. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL ACQUIRE ALL REQUIRED PERMITS. 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 PRESERVE THE HEALTH AND SAFETY. 4. A WETLAND BUFFER OF 25 FEET APPLIES TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES. 5. AN EASEMENT SHALL BE PROVIDED COVERING THE SHARED DRIVE OFF OF 193 AVENUE, EAST OF THE BUILDING. 6. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 AS SECURITY FOR THE SITE IMPROVEMENTS, INCLUDING EROSION CONTROL AND LANDSCAPING. 7. THE TREE DISTRIBUTION SHOULD BE, AT MINIMUM: 24 OVERSTORY, 12 ORNAMENTAL AND 11 EVERGREENS. 8. THE PARKING SHALL MEET THE MINIMUM 10' PARKING SETBACK FROM PROPERTY LINES. Planning Commission Minutes November 10, 2008 Page 5 9. ALL ROOF-MOUNTED MECHANICAL UNITS SHALL BE SCREENED WITH A PARAPET WALL FROM ALL PUBLIC WAYS, INCLUDING HIGHWAY 169 AND 193 AVENUE. MOTION CARRIED 6-0. 5.6. Reduest by Citv of Elk River for Ordinance Amendment regarding si~nage in the Commercial Reserve Transition Zoning District, Case No. OA 08-10 Public Hearing Mr. Barnhart explained that this amendment was prepared at the direction of the City Council and is consistent with the highway business uses. He noted that billboards will not be allowed. Staff recommends approval of the proposed amendment as presented. Chair Westgaard opened the public hearing. There being no public comment, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT REGARDING SIGNAGE IN THE COMMERCAL RESERVE TRANSITION ZONING DISTRICT, CASE NO. OA 08-10, AS ATTACHED TO THE STAFF REPORT TO THE PLANNING COMMISSION DATED NOVEMBER 10, 2008. MOTION CARRIED 6-0. 6.1. Consider Capital Improvements Program Mr. Barnhart stated that the Planning Commission is asked to review the proposed 2009 - 2013 Capital Improvements for consistency with the Comprehensive Plan. Chair Westgaard opened the public hearing on this item. There being no public comment on the issue, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER RYAN TO FIND THE 2009-2013 CAPITAL IMPROVEMENTS PLAN CONSISTENT WITH THE CITY OF ELK RIVER COMPREHENSIVE PLAN. MOTION CARRIED 6-0. Mr. Barnhart noted that there will be no Planning Commission workshop on November 25~". Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 6:22 p.m. Minutes Prepared by: Debbie Huebner Planning Commission Minutes November 10, 2008 --------------------- -- - Tina Allard, City Clerk Page 6