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02-10-2009 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 10, 2009 Members Present: Vice Chair Scott, Commissioners Anderson, Austad, Lemke, Staul and Westberg Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Park Planner; Debbie Huebner, Recording Secretary Also Present: Councilmember Motin 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 6:49 p.m. by Vice-Chair Scott. 2. Consider February 10, 2009 Planning Cotntnission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE FEBRUARY 10, 2009 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider Januar,L13, 2009 Planning Commission Minutes MOVED BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JANUARY 13, 2009 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend February 2009 City Council Meeting Commissioner Anderson will attend the February 17, 2009 City Council meeting. 5.1. Request by Waste Management , lk River Landfill) to Extend Conditional Use Permit for One Year_ Case No. CU 09-04 -Public Hearin Mr. Barnhart stated that the applicant is proposing no changes to their existing permit and request renew of the conditional use permit for one year, and the license for two years. Commissioner Anderson questioned why the two-year term for the license and only one year for the conditional use permit. Vice Chair Scott opened the public hearing. Deb Walters, representing Waste Management -Stated she was not sure why two years was proposed for the license. She stated she would be comfortable with aone-year extension for both the CUP and the license. Planning Commission Minutes February 10, 2009 Page 2 MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY WASTE MANAGEMENT TO EXTEND THE CONDITIONAL USE PERMIT AND LICENSE FOR THE ELK RIVER LANDFILL FOR ONE YEAR. MOTION CARRIED 6-0. 5.2. Request by 7040 Lakeland Partners, LLC for Conditional Use Permit for Retail Building Addition. Case No. 09-05 -Public Hearin Mr. Leeseberg stated that the applicant proposes a 20,950 square foot building addition in Elk Ridge Center, adjacent to Aldi. The Planned Unit Development for this subdivision states that zero lot line development requires a conditional use permit. Mr. Leeseberg noted that the proposed building is approximately 10,000 square feet smaller than what was approved with the master plan. He reviewed the seven standards for approving a conditional use permit, explaining how the request met each of the criteria. Mr. Leeseberg reviewed the building design, parking and landscaping. Staff recommends approval of the request with the 16 conditions listed in the staff report. Vice Chair Scott opened the public hearing. Antonio Luciano, 19757 Irving Street -Stated he liked the proposed plan. He noted that the improvements to the Aldi's facility were greatly appreciated. Mr. Luciano expressed concern how his property and the neighbor's property would be impacted by MnDOT's future plan for the intersection at 197th Avenue and Highway 169. Lisa Reynolds, 11625 197th Avenue -Asked what is the proposed use of the new building. She asked if additional signage was being proposed, if it would be lighted, and what impact it may have on her residence. Mr. Leeseberg stated that the new business would be required to use the existing monument sign. Ray Reynolds, 11625 197th Avenue -Stated he had a concern with the additional traffic another business would add. He asked if the city has reviewed the traffic issues. Mr. Reynolds asked if the city could review their driveway location. Vice Chair stated that the traffic patterns were looked at as part of the Planned Unit Development process. Mr. Barnhart stated that the intersections were planned for full build- out of the project. He stated that if there is a safety concern, the driveway access could be looked at. Antonio Luciano -explained that the developer, Mr. Hempel, had proposed realignment of the driveway to the previous owners of the Reynolds property, but they had refused. He asked if the developer could be required to revisit the issue. Mr. Leeseberg stated that if the present owners have a concern with their driveway, they could meet with staff. Mr. Barnhart noted that it was unlikely they could require the developer to pay for any relocation costs, since his offer to the original owner was refused. John Patterson, representing the applicant -Stated that the tenant is a national retailer. He reviewed the design and layout of the site, location of the loading dock, screening and landscaping. Lisa Reynolds -stated she already has a concern with her children getting on the bus, and that the new business would generate even more traffic. Mr. Reynolds asked for clarification Planning Commission Minutes February 10, 2009 Page 3 on the process for review of new businesses in the Elk Ridge Center development. Mr. Barnhart explained the process, noting that if a use is permitted, only administrative review by city staff is required. There being no further public comment, Vice Chair Scott closed the public hearing. Commissioner Austad stated he was comfortable with the conditions proposed by staff. Vice Chair Scott asked for clarification on the proof of parking that is being proposed. Mr. Barnhart explained how the City Council could require the additional parking on the area shown, if a need is demonstrated in the future. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY 7040 LAKELAND PARTNERS FOR A CONDITIONAL USE PERMIT FOR ZERO LOT LINE DEVELOPMENT, CASE NO. CU 09-05, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED DATED FEBRUARY 4, 2009. 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. LIGHTING SHALL COMPLY WITH THE DESIGN STANDARDS. 10. THE REMAINING SQUARE FOOTAGE OF BUILDINGS WITHIN THE APPROVED PUD SHALL BE REDUCED BY 1,220 SQUARE FEET. 11. 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 5TH PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. 12. ALL ROOF TOP UNITS SHALL BE SCREENED FROM VIEW FROM ANY ADJACENT STREET. 13. BUILDING MATERIALS AND COLORS SHALL BE THE SAME AS THOSE USED ON THE EXISTING RETAIL BUILDING 14. CROSS ACCESS EASEMENTS SHALL BE RECORDED. 15. PROOF OF PARKING SHOULD BE SHOWN ON THE SITE PLAN. 16. TWO EQUALLY SPACED LANDSCAPE ISLANDS WITH TREES BE INSTALLED IN THE CENTER ROW OF PARKING. MOTION CARRIED 6-0. Planning Commission Minutes February 10, 2009 Pagc 4 Councilmember Motin asked if the applicant would be able to build an additional 10,000 square feet elsewhere in the development, since the larger size was previously approved. Mr. Barnhart stated that the applicant could make a request, but that they should not assume it was a "right". Councilmember Motin discussed other issues the City Council will be asking the Planning Commission to review in the future, including the FAST Study, Gateway, transportation issues, planning ordinances, NRI and cluster ordinance. 6. Other Business Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:50 p.m. Minutes prepared by De to uebner. '~-- Tina Allard Ciry Clerk Kevin Scott Planning Commission Vice-Chair