6.5. SR 03-15-2010~e uest by City of Elk River far Conditional Use Permit to Jerem Barnhart, Plannin Mana er
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Amend Elk River Plaza Planned Unit Development ~'UD~, ev~ewe by
Public Hearing -- Cage .11 ~o. ~l1 ~Or~G
cti®n e ~ ueste
Staff and the Plannin Commission recommend the Ci Council approve the Elk River Plaza PUD
g ~
Amendment,
uar
The Ci Council directed staff to proceed with an amendment to the PUD removing the restriction only
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allow~n a hardware store to be on what is referred to as Parcel L of the or~g~nal Elk River Plaza PUD
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agreement.
„ tannin ®n~~nissi~n iscussi®n
The Planning Commission unanimously recommended approval of the request,
ublic ®n~ment
There was no public comment.
ttachrn~nts
Staff report to Planning Commission dated March 9, 2010
s:~l'LANNING MAIN~Case I~iles~CUI~~CU 10-QG City of ER-ER P1aza1CU 1~-OG~CC.dac
Elk REQUEST FOR ACTION ~' ~ ~°~~~
tea,
River
ca~~ a uese
Staff recommends that the Planning Commission recommend approval of the Elk River Plaza PUD
Amendment request made by the City Council.
t~a~ch~~ns
Location Map
Minutes f rom February 1 b, 2010 City Council meeting
® Uses Allowed for original PUD Agreement
11'~ 6~'!~I P1~J
At the February 16, 2010 City Council meeting, the Council denied a zone change request for the
property at 518 Freeport (Flowers Plus). The Council directed staff to proceed with an amendment to
the PUD removing the # 14 restriction (as referred in the 2/ 16/ 10 Council Memo) of the original
agreement. This restriction only allowed a hardware store to be on what is referred to as Parcel "L".
The actual language of the PUD agreement restricting the use of Parcel "L" is listed under section 8.}
Development of Commercial Areas X01} Commercial Uses ~b} The use of Parcel "L" shall be restricted to
a hardware and related items retail sales store,
By removing this one restriction, the property Parcel "L"} will be allowed to have any of the permitted
or conditional uses in the C1, C~ S~ C3 zoning districts, with the exception of those listed in the original
PUD agreement shown below}.
Uses
The Elk River Plaza Planned Unit Development (PUD) was approved on December 21, 1984 and stated:
8.) Development of Commercial Areas -
(01) Commercial Uses -
(a) The use of parcels A, B, C, F, and G (as shown
on E~ibit B), shall be restricted to those uses
which are principal or conditional uses in the
Case File. CU 10.06
Page ~
ro~
G 1, G2 and G3 commercial zones, with the
f ollowing exceptions;
Principal Uses Not Allowed:
~ . Multif anvly dwellings
2. Professional offices
3, Business offices and public buildings
4. Hospitals and mental health centers
5. Parking ramps
6. Taverns and hotels
7, Motor vehicle service stations servicing
vehicles with more than two ~2} axles
S. Auto repair shops
9. Storage f ac' 'ties
~0. Drive-in theaters
~ ~. outdoor amusement centers
Conditional Uses Not Allowed:
Amend Elk Parr Center PUD
City of Elk River
L Those conditional uses permitted in the R 4
District.
2. Those principal uses permitted in the R 3
and R 4 Districts.
The use of Parcel L shall be restricted to a This is what is being
hardware and related items retail sales store. recommended to be
removed.
~aca~l~ ~ ula~~ns
Ca~aditional Use ~er~nit
The issuance of a Conditional Use Pernut can be ordered only if the use at the proposed location:
1. 1~ill not endanger, i~ jug°e or detrimentally affect the use a~~d e~~ayment of atlaer~ra~ery i~z the immediate vicinity or
the public health, safe y, morals, comfa~~, convenience argeneral Welfare of tl~e neighba~°hood or the city.
~, mill be consistent a~itla the comprehensive plan.
3. Will not impede the no~~nal and orderly development and improvement of surrounding vacant p~°aperty.
4, dill be se~~ed adequately by and ~vill not adversely affect essential public facilities and se~~ices includi~ag sty°eets, police
and fire~ratection, drainage, refuse di.~asal, ~vater and .~e~ver systems, ~ar~s a~~d schools; a~~d gill not, inpa~~zcular,
create traffic congestion ar interference pith traffic an adjacent and neighbo~~ng public thoroughfares,
5. dill not involve uses, activities, processes, mate~~als, equ~ment and conditions of operation that ~vill be detrimental to
any persons or~ra~ey y because of excessive traf c, noise, smoke, fumes, glare, odors, dust or vibrations.
6. ~ mill not result in the destruction, lass or damage of a natural, scenic ar historic feature of major importance.
7. dill fully comply pith all other requirements of this Cade, including any applicable requirements and standards for t]~e
issuance of a license or pe~~nit to establish and operate the proposed use in the cif,
S;IPLANNTNG MAIN1Case FileslCUP1CU 10-06 City of ER ERPlazalCU 10-Ob~PC,doc
Case File; CU 10-06
Page 3
Amend Elk Park Center PUD
City o~ Elk River
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not complywith the standards set forth in Section
30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all of
these standards.
To help keep the zone change applicant on a timeline that moved forward, the city attorney stated the
City Council could direct staff to authorize the building pernuts on the subject property but the building
could not be occupied until the PUD amendment was approved. To date, only sign permits have been
approved.
cti®~t Motion by Second by Vote
®~C~
S;IPLANNZNG MA~N1Case FiiesICUPICU 10.Ob Cityof ER ERPlazalCU 10-Ob_PC.doc
Wb' OS~Z~~6 OTOZ/9Z/Z '6Mp~~e~ ua~~e~o~~eze~d ~ani~ ~I~ 9~-QT ~~ldfl~lsal!~ ase~1~N~Nl~b'~d1~S
City Counc~I Mitlutes
Feb:raar~~ 16, 2Q~ 0
Page 3
Hours of operation
utdoor storage.
o Type of outdoor storage, renting space outdooxs for boat storage verse oring
equipment,
o etting timeframes for when outdoor storage would begin and ne to be
t • ' ated based on build~out but also witlai.ra a tinaeframe so ' the buildings
are t built, the storage would eventuall~r end. It was sug ted that outdoor
storage of be allowed fox more than five years.
o Concern 'th traffic flow and safety.
o Concern wi he type of items that could be con 'eyed mini-storage.
o Screening of sto:~ e.
Den~ais Sharp, applicant ~- Stated h didn't feel they uld ever eh~inate outdoor storage.
He further stated he would like to incl e addition electric or barbed wire fencing to
prevent people from jumping over the fen .
Councihnember westgaard questioned w the a licant needed f ve doors.
Mr. Sharp stated the number and s' of the doors map of be final. He stated it will depend
on the boat sizes. He noted large oats tend to bang up t sides of the doors.
Concern was expressed reg ding the inconsistencies in the con ' 'ons of the conditional use
permits between the two usinesses because it could create unfair c petition.
Mr. Beck noted if C ncil wanted to allow different fours and storage op 'ons for the
current applicant, Zen Mr. ~~ostreba could seep an amendment to his condi ' nil use
permit. He fur er noted the Council leas an obligation to maintain consistency nd would
need a reasa able basis to distinguish between the two businesses. Mr. Beck reco ended
that the a as for outdoor stoxage locations be identified.
NxD ED ~~ CC~U~CTLMEIV~BER wE~TGAARD AN1] SECa~TDED ~Y '
C U~CZLMEMBER GU~P~3REY TD CD~T~I~UE TH~~ ~TEI~C T~ .ARC
5, 2010. MDTTD~ CARR~ET~ 5~0.
G.2. Re nest b Flowers Plus 518-52o Fxee ort Avenue fox ~xdinance A rovin Zone
Chan e From PUD to C3 Case No ZC 10-01 .Prxblr'c .Hear~t~
Mr. Leeseberg presented the staff report.
Mayor 1~linzing opened the public hearing.
Cindy 1]eloru~n 51.8 Freeport Street -- Stated a portion of the building has been for sale
since actober 2007. She stated there has been no interest in a hardware store at this
location. She stated she entered into a lease agreement with The Gym in January 2009 but
noted their were denied a building permit for a sign, She further stated they would like to
install showers but that the permits are dependent upon this zoning application
consideration. She further noted the ~g is very important for her business.
Rich Shultz, owner of building at 510 Freeport Street ~- Stated he is in favor of the
applicant getting the tenant in her building as soon as possible but opposes converting the
Cit~r Council Minutes
Feb~.uazy 1 G, 2010
Page 4
building from a PUD to a C3 zone change. He suggested that exception #14 be removed
from the PUD requirements.
Mayor I~linzing closed the public hearing.
Mayor I~li.nzing ques~.oned why the PUD couldn't be amended to eliminate exception #14
and why staff didn't consider this approacl~ because it would've been easier.
Mr. Leeseberg stated the applicant didn't submit an application to amend the PUD but
rather to rezone to C3. He stated she could re-apply for a PUD but tl~.e timeframe would be
extended due to public hearing notice requirements. Mr. Leeseberg stated it would have
been easier to amend the PUD but didn't feel it was tlae correct solution from an overall
planning process.
The Council disagreed since their alread~T decided to review the entire area at a previous
meeting. Council noted the~r didn't want to hold the applicant up but stated they would life
to see the PUD amended.
Mr. Becl~ noted that tl~e city would need to follow procedure in order to amend the PUD.
He suggested making a motion to deny the request and direct staff to amend the PUD so
tlae applicant would not need to re-apply. He stated Council could direct staff to authorize
the building permits but the building couldn't be occupied until the PUD amendment was
approved,
N1[OVED BY COUNCILNIENIBER ZERwAS AND SECONDED BY
COUNCILNIENYBER GUNIPHR.EY TO DENYTHE REQUEST TO A1~END
THE CITY OF ELIK RIVER BONING NIA.P TO REDONE CERTAIN
PROPERTIES, AS DESCRIBED, PER CASE N0. ~C 1~-01 FRONT PUT] TO C3.
MOTION CARRIED 5-0.
MOVED BY COUNCILNIEIVIBER ZERwAS AND SECONDED BY
COUNCILNIENIBER GUNIPHREY TODIRECT STAFF TO .AMEND THE ELI
RIVER PLA.~A PLANNED UNIT DEVELOPMENT .AGREEMENT TO
RENT®VE THE RESTRICTION ON THE USE FOR. PARCEL L AND 'TO ISSUE
BUILDING PERI~I~TS TO THE GYNI LOCATED AT 5IS-5Z0 FREEPORT
STREET, NIOTTON CARRIED 5-0.
G.3. Reauef or Conditsonal Use permi~_ and_Lice~se Amendments by haste ~na~ement
Ms. Haug presented the staf rt. She reviewed t roposed changes to the conditional
use permit and the solid waste facility ' nse noted in her report.
Mayor I~linzing opened the pub ~ eating.
Deb Walters, Elk Riv andf~ll representative, 224GO Highwa 9 --Stated she agreed
with staffs chap on all items, Slae stated she disagreed with Item ' in tl~e draft
resolution a oving the application of Elk River Landfill, Inc. for an amen conditional
use per 'and license for the existing Elk River Landfill because it is currently pe 'ng i.n
co as a legal issue.
i
f
' r t, i }~
requi ement shall be for sanitary sewer laterals, which
shall e installed far each parcel of the Dev opment
before cupancy of that phase
~Q2} To be Installed b Cit or Develo ~ Certain public
utilities an improvements have been i felled by the City
and have been sessed~ Certain oth utilities and
improvements wi be installed by D velopers® Eefore the
City or Developer commence work any public utilities or
improvements, the velopers sh 1 file with the City cash,
or a letter of credi or othe financial guarantee
acceptable to the City, in a amount equal to that set
forth in Exhibit F or the squired by the City from time
to time for later parcels o the Development® This
financial guarantee she se re performance of Developer's
obligation to properl install nd pay f®r improvements
installed by Develop rs or to se ure payment of amounts
assessed against t Subject Land or construction of the
requested improve eats and shall no be released until the
assessments are aid® The Developer shall execute and
deliver Exhibi F to the City prior to the initiation of
construction ctilities on any parcel o the Property®
X03} wets ins
Developer shall
Subject and for
pass t ough the
easem twill be
the e cement wil
In addition to all other cements, the
grant to the City an easernen through the
the purpose of a City waterli which will
Development The precise loco 'on of this
at the City's reasonable discre n and
1 be granted when requested by the City
0@} Develo ment ®f Comr~ercial Areas
~Ol} Commercial Uses
~a} The use of parcels A, ~, C, F, and G has shown
on Exhibit H}, shall be restricted to those uses
which are principal or conditional uses in the
C~1, C~2 and C~3 commercial zones, with the
following exceptions:
Principal Uses Not Allowede
1a Multifamily dwellings
Z® Professional offices
3® business offices and public buildings
~4 Hospitals and ,mental health centers
5® Parking ramps
~~ Taverns and hotels
7® Motor vehicle service stations servicing
vehicles with more than two ~2} axles
~® Auto repair shops
9® Storage facilities
10~ Drive~in theaters
llo Outdoor amusement centers
40
1 J
~ ~ ~ 1
. .~~~Ir~l,rl
Canditional Uses fat Allowede
..,
1® Those conditional uses permitted in the R~4
Distric t
2® Those principal uses permitted in the R-~3
and R~4 Districts®
~b~ The use of Parcel L shall be restricted to a
hardware and related items retail sales store
~O Maintenance of Areas of Joint Use; Com rcial ®wners
Assoc'ation ~ The Developer shall pravide e ldence of
satisf story provision for control and mai tenance of
jointly sad or commonly owned areas in t e parcels
designate for commercial use If recip oval easement and
maintenanc agreements provided prior t issuance of
building pe its are unsatisfactory to the City in its sole
discretion, e Developers shall crea a an owner's
association b ore any building perm'ts are issued for the
commercial pare is ® Prior to the fling of the owner's
association docu eats or easement nd maintenance agree
manta with Sherbu ne County, they shall be submitted to the
City Attorney for eview and com fiance with this Agreement
so as to ensure sate factory co rol, ownership, and
maintenance®
g~~ Assessments ~ The arti s mutually agree that all
public improvements installs by the City related to the
Development shall be assessed rsuant to the procedures
specified in Chapter 429 of Mi esota Statutes
1D~} Park, Trail, and P nd D dication °~ The Developers
will contribute an amount e ual to ten percent ~10~3 of the
fair market value of all r sidentia land included in the
Development to the City's park fund® The fair market value of
land will be determined y an indepen ant fee appraiser
selected by the City® he ten percent ~14~~ contribution for
each residential phase of the Developrne t shall be paid as a
condition to final ap royal of that phas of the Development
and prior to any con traction on that pha m
lla~ Sidewalk ~ Concrete sidewalks, in such widths and in
such location as squired by the City's apple able ordinance in
effect at the ti e of final plat approval, sh 1 be constructed
for lands withi the Development contemporaneo ly with the
improvement of treets~ The City will consider reasonable
exceptions to idewalks as each parcel is presen ed for
approval, and decisions as to said exceptions sha 1 be within
the sole des ration of the City,
12®~ treat Li hts The Developers agree to pr vide and
the City rasa to accept a street lighting system f o each
parcel pu~suant to the applicable ordinance and Counci policy
in of fec at the time of the final approval.
5®