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05-05-2009 PC MINSPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 5, 2009 Members Present: Chair Scott, Commissioners Anderson, Ives, Lemke, Staul and Westberg Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Park Planner; 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 6:30 p.m. by Chair Scott 2. Consider 5/5/09 Special Planning Commission Agenda MOVED BY COMMISSIONER WESTBERG AND SECONDED, BY COMMISSIONER ANDERSON TO APPROVE THE MAY 5, 2009 SPECIAL PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Planning Commission Representative to Attend May 11; 2009 Special City Council Meeting 5 p.m. Chair Scott will attend the May 11, 2009 Ciry Council meeting. 4.1. Request by Ken Dehn/Monte Howerton for Waiver of Moratorium Ordinance. Public He- acing Mr. Barnhart presented the staff report. He explained how the moratorium affects the request, noting that a provision of the interim ordinance allows the Ciry Council to waive the moratorium ordinance in cases of undue hardship. He further explained how undue hardship is determined when considering a variance, and why staff does not feel the request meets these criteria. Chair Scott opened the public hearing. Ken Dehn, owner of the subject property -explained his concerns with the plan proposed by staff, especially with the islands in the parking lot. Monte Howerton, applicant -Stated that the proposed use could have been allowed by conditional use permit prior to the moratorium, and that the property had this same use for many years. He stated that if the property were fenced, the adjacent body shop would have no access. He stated that parking for the pet shop would also be impacted by the changes being recommended by staff. Mr. Howerton stated that the moratorium does not expire until June 2na, and that the next few weeks were critical to his business. He noted that approximately 70 percent of sales for this type of business are conducted by July 4~. He stated that he hopes to capture 20 percent of sales between now and July 4~. Plannuig Commission Minutes Page 2 May 5, 2009 There being no other public comment, Chair Scott closed the public hearing. Commissioner Anderson stated that even though he understands the nature of the business and the property owner's desire to fill the empty building, he cannot support waiving the moratorium. He stated he felt the Planning Commission needs to support the City Council decision to put the moratorium in place. Commissioner Staul concurred, stating that he also could not support the waiver. He did not feel the request met the findings for hardship. Commissioner Westberg stated that he felt their hands were tied. He stated he also understood the applicants concerns, but could not support the waiver. Chair Scott concurred. He stated that the Council does not place moratoriums very often and will very good reasons. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND DENIAL OF THE REQUEST BY MONTE HOWERTON TO WAIVE THE MORATORIUM ORDINANCE. MOTION CARRIED 6-0. 4.2. Request by Ken Dehn/Monte Howerton for Conditional Use Permit for Marine RV and Power Sports Equipment Sales Public Hearing -Case No CU 09-13 Mr. Barnhart stated that the Planning Commission is asked to review the conditional use permit request, in the event the Ciry Council chooses to approve the waiver of the moratorium request by Mr. Howerton. Mr. Barnhart reviewed 12 conditions of approval proposed in the staff report and a 13~ condition to require an easement to the north of the property as well. He noted that these conditions are based on the current ordinance, not the proposed FAST Study. Mr. Barnhart reviewed issues raised by the applicant with the landscaped islands, access and pet food store sign in the access road. He noted that the fenced area shown on the plan would not be built initially, but it has been included in the so that the applicant would not have to come back for future review. Commissioner Scott asked if the trees required in Condition #9 could be evergreens or ornamental rather than overstory trees, since it appears there are power lines in this area. Mr. Barnhart stated that the condition states that the plan be approved by staff, so smaller trees could be supported if there is an issue. A question was raised regarding the easements for the other properties. Mr. Barnhart stated that Vance Street would ultimately provide access to the parcels, but they are asking for the easements now. Chair Scott opened the public hearing. Ken Dehn, owner of the subject property -expressed his concern for safety in the landscaped islands are required. Monte Howerton, applicant -questioned who would be responsible for any liability issues in creating a service road. Mr. Barnhart stated it would be best to ask his insurance provider. Mr. Barnhart stated that the service drive would also function as a fire lane. He stated this requirement is no different from what is required from other businesses such as a grocery Planning Commission Minutes Page 3 May 5, 2009 --------------------------- store. He stated that the conditions attempt to bring the property closer to current standards, although it still would not meet all of them. Mr. Howerton suggested that smaller trees or bushes be allowed. He questioned whether planting could even be done in the utility power line easement. Mr. Barnhart stated that ornamental tress are shorter, and suggested that the word "overstory" could be struck from the condition. Mr. Howerton stated he has a serious concern with the location of the sign for the body shop, and felt it should be removed if it is going to be used as a service drive. He stated that the proposed 30-foot easement area currently provides parking for other businesses, and the body shop would not even have an access. He felt the body shop and pet food place should be paving their parking lot. He stated that if the city wants the service road, they should purchase and maintain it. Mr. Howerton stated he is willing to work with the city, and will cooperate in getting this done, but that he is not willing to put up a $50,000 letter of credit. Mr. Dehn stated that since the lease with Mr. Howerton is only one year with an option for a second year, he did not feel it was fair to require him to spend a lot of money. Mr. Barnhart stated that if Mr. Howerton did not want to provide a letter of credit, Condition #12 could be revised to state that the certificate of occupanry could be contingent upon completing the work. He stated that the city has had past experience where improvements were never completed. Mr. Howerton stated that withholding his C.O. for all improvements to be completed would push him past his prime sales season. Commissioner Westberg asked what the orange paint in the parking lot was meant to show. Mr. Howerton stated that is where the islands would go. He stated he could not put in the curbing unless the city is willing to assume responsibility for the easement area. Also, the sign in the roadway needs to be addressed. Commissioner Ives stated that he felt the landscaped islands would create a safer environment, since it now appears the pet food customers cut through the parking lot. He stated that it is important to protect customers by directing the flow of traffic. He noted that the improvements would add value to the property. Mr. Howerton stated he agreed but that there needs to be some thought regarding the width of the road easement. He suggesting just striping the road and see you it works. Commissioner Staul asked staff if the easement needs to be 24 feet wide. Mr. Barnhart that the staff would work with the applicant, but he felt 24 feet is the minimum width it should be. Commissioner Lemke asked if the Condition #13 easement was for the north side of the property. Mr. Barnhart explained that the easement would preserve access for the two properties. Commissioner Lemke asked if easements have been required before. Mr. Barnhart stated that easements are usually required at the time of platting. He felt that providing the easement would help "clean up" some of the property access issues in this area. Commissioner Lemke suggested that the City Engineer take a look at some of the other properties in the city where this issue could arise. Mr. Barnhart stated that the city does not require improvements for adjacent properties as part of an application, but the businesses in this area have evolved from the 1950's and the access issues need to be addressed. Commissioner Lemke stated that he feels the city is being pressured to approve the applicant's request because of his time constraints. He questioned when the applicant made Planning Commission Minutes May 5, 2009 Page 4 his request. He stated that the application is being fast-forwarded but it is already May 5th and well into the boat season. He stated that NLr. Howerton has said no to the letter of credit and no to the certificate of occupancy to ensure completion of the improvements. Commissioner Lemke stated that the islands being proposed would protect the traffic and pedestrians. Mr. Howerton stated he is not opposed to the curbing; he just wants to see it in the right place. He stated that he apologized for the lateness of the application, but his position with a large boating sales organization was just terminated on March 23rd. He stated that he is trying to get this business going this year and does not have the capital to wait for the 2010 season. Commissioner Anderson stated that he is hesitant to recommend anything other than an interim use permit, since a conditional use permit stays with the property indefinitely. He stated he is sympathetic to the applicant's dilemma but that he feels the process is going to fast. He stated that the Commission needs to look at what is best in the long term for the city. He stated that customers cut across the parking lots and there is currently nothing to stop them. He stated that he could not support the request at this time. Mr. Barnhart stated that the applicant has not applied for an interim use permit, so the Planning Commission needs to act on the conditional use permit request. Commissioner Staul stated that the conditional use request is no different than any others they have seen. He stated that if the City Council grants the waiver, and it appears the request meets the criteria, he would support the conditional use permit. Commissioner Westberg stated that he felt there is a legitimate concern for the sign in the roadway. He asked if the applicant would be allowed a freestanding sign and where it could be placed. Mr. Barnhart stated yes, he would be allowed a freestanding sign, which could be located in the external display area. Commissioner Ives questioned requiring the island by the fenced area, since the fence would not be installed until a later date. Mr. Barnhart stated that the island could be phased in when the fencing is completed. Chair Scott stated he agreed that these types of service roads should be looked at in other areas of the city. He stated he concurred with Commissioner Anderson that there is a potential for regret, due to the speed with which the application is moving forward and cannot support the request at this time. Mr. Barnhart stated that based on the assumption the City Council will waive the moratorium, the Planning Commission needs to review the request based on the current ordinance. Commissioner Staul stated that their recommendation for denial of the waiver sends their message to the Council that they would rather not approve the request until after the moratorium expires. MOTION BY COMMISSIONER STAUL, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY MONTE HOWERTON FOR A CONDITIONAL USE PERMIT TO ALLOW MARINE, RV AND POWER SPOTS EQUIPMENT SALES AT 17369 HIGHWAY 10, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. Planning Commission Minutes May 5, 2009 Page 5 ------------------ 2. ALL REQUIRED LICENSES SHALL BE OBTAINED. 3. ALL EXTERIOR SIGNAGE SHALL REQUIRE A SIGN PERMIT. 4. AN EASEMENT, MINIMUM 24 FEET WIDE, SHALL BE PROVIDED FOR ACCESS AND UTILITY PURPOSES IN THE DRIVE ALONG THE WEST PROPERTY LINE. 5. ALL VEHICLES (BOATS, TRAILERS, RV, ETC) SHALL BE STORED ON AN APPROVED, DUST AND WEED FREE SURFACE. 6. FENCE ENCLOSING THE FRONT YARD DISPLAY AREA SHALL BE WROUGHT IRON OR DESIGN EQUIVALENT, TO BE APPROVED BY STAFF. 7. ANY NEW LIGHT POLES SHALL REQUIRE STAFF APPROVAL. 8. FRONT YARD LANDSCAPED ISLAND SHALL BE CONSTRUCTED AS SHOWN ON EXHIBIT A TO PROTECT PARKED CARS ALONG THE FRONT OF THE PROPERTY, AS WELL AS DIRECTING INTERNAL TRAFFIC. 9. SEVEN TREES SHOULD BE ADDED TO THE WEST SIDE OF THE ACCESS DRIVE. LANDSCAPING SHALL BE ADDED AROUND THE FOUNDATION OF THE BUILDING. ALL LANDSCAPING SHALL BE APPROVED BY STAFF PRIOR TO CONSTRUCTION. 10. ACCESS DRIVE TO THE NORTH SIDE OF THE PROPERTY SHALL BE TREATED WITH AN APPROVED SURFACE, IN A DUST FREE, WEED FREE MANNER. 11. THE EXISTING FENCE SHOULD BE REPAIRED AND RELOCATED TO THE PROPERTY LINE ON THE EAST SIDE. 12. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED AS A GUARANTEE TO COMPLETE THESE CONDITIONS. 13. A TEMPORARY CROSS ACCESS EASEMENT SHALL BE PROVIDED ALONG THE NORTH SIDE OF THE PROPERTY TO PRESERVE ACCESS TO OFF SITE BUILDINGS TO THE EAST. MOTION CARIED 4-2. Commissioner Anderson and Chair Scott opposed. Other Business -None 6. Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:45 p.m. Minutes prepared by Debbie Huebner. _" w (--~~ Tina Allard City Clerk (J`am' Kevin Scott Chair