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09-29-1998 PC MIN - SPECIAL . SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 29, 1998 Members Present: Members Absent: Staff Present: Vice Chair Cote, Commissioners Chambers, Kuester, Schuster and Thompson Chair Mesich, Commissioner Morris Scott Harlicker, Assistant Planner; Steve Wensman, Planner; Debbie Huebner, Recording Secretary 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:40 p.m. by Vice Chair Cote. 2. Consider 9/298 Plannina Commission Aaenda COMMISSIONER THOMPSON MOVED TO APPROVE THE SEPTEMBER 29, 1998, PLANNING COMMISSION AGENDA. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. . 3. Consider Consent Aaenda COMMISIONER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. . REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 8TH), PUBLIC HEARING CASE NO. ZC 98-6 - POSTPONED INDEFINITELY REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 8TH), PUBLIC HEARING CASE NO. CU 98-20 - POSTPONED INDEFINITELY REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES 8TH), PUBLIC HEARING CASE NO. P 98-4 - POSTPONED INDEFINITELY REQUEST BY PHOENIX ENTERPRISES FOR REZONING (HILLSIDE 9TH), PUBLIC HEARING CASE NO. ZC 98-7 -POSTPONED TO 10/27/98 REQUEST BY PHOENIX ENTERPRISES FOR CONDITIONAL USE PERMIT FOR PUD (HILLSIDE 9TH), PUBLIC HEARING CASE NO. CU 98-21 - POSTPONED TO 10/27/98 REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY PLAT APPROVAL (HILLSIDE ESTATES 9TH), PUBLIC HEARING CASE NO. P 98-5 - POSTPONED TO 10/27/98 REQUEST BY COUNTRY RIDGE, INC. FOR PRELIMINARY PLAT APPROVAL (COUNTRY CROSSING BUSINESS CENTER 3RD), PUBLIC HEARING CASE NO. P 98-6 - WITHDRAWN Planning Commission Minutes September 29, 1998 Page 2 . COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Consider 8/25/98 Plannina Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE AUGUST 25, 1998, MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Planninq Commission Reoresentative to Attend 10/19/98 City Council Meetinq Commissioner Cote will attend the October 19, 1998, City Council Meeting. 6.1. Reauest by City of Elk River for Ordinance Amendment Reaarding Parkin a of Semi Trucks/Trailers, Public Hearing Case No. OA 98-5 . Staff report by Laurie Mezera-Kerr, Environmental/Code Enforcement Officer. The City Council has requested that the Planning Commission review and hold a public hearing for an ordinance amendment to the Public Nuisance Ordinance regulating semi-tractors and trailers in residential and A-1 Districts. Laurie reviewed the existing and proposed ordinance, as well as ordinances of other cities. She explained that the proposed ordinance would restrict parking of semi trucks in the urban service district. Laurie indicated it would not be feasible for a semi tractor to be kept inside a storage building in most of the urban residential areas, since the ordinance does not allow accessory structures over 15 feet in height. She noted that the R 1 a and A 1 districts allow up to 22 feet in height. The City Attorney has indicated that existing situations where an operator stores a semi tractor/trailer on his property would not be "grandfathered in", since this is a nuisance issue, rather than a land use issue. Commissioner Schuster indicated the survey information in the memo only addressed residential and not the A 1 zoning in other communities. Commissioner Kuester asked if any of the other cities addressed parking of more than 1 semi tractor. Laurie indicated there was no information on the number of trucks allowed. Commissioner Thompson questioned why the noise and odor cannot be addressed through the nuisance ordinance, rather than a conditional use permit. Laurie indicated that the city has not been successful in enforcement through the nuisance ordinance. She explained that currently, neighbors complain to the police department. Usually, by the time an officer arrives, the problem has stopped and when she gets calls the next day, there is nothing she can do. Laurie explained that the proposed ordinance would state that the trucks would not be allowed in the urban service area. In the R 1 a and A 1 zones on a five-acre parcel, there would be fewer neighbors to contend with and the likelihood of complaints would be less. If the site was in a development or less than 5 acres, the conditional use permit public hearing process would allow the neighbors an opportunity to comment on the operation of the equipment. Vice Chair Cote opened the public hearing. . Walt Krause, 19425 Ogden Street, stated he is the owner of a semi truck and lives on 5 acres. He stated he has had no complaints from the neighbors about his Planning Commission Minutes September 29, 1998 Page 3 . semi during the day. He stated the city should have a noise ordinance to address the loud car stereos and exhaust pipes, instead. Gary Martin, 20369 Meadowvale, stated he did not feel his semi was causing a problem in his neighborhood. He indicated the 7,000 pound gross weight limit proposed in the ordinance would prohibit him from parking his truck tractor on his property. Mr. Martin stated that if the ordinance passes, diesel pickup should be prohibited from parking neighborhoods since they are loud and smell, as well. Joe Miske, 20431 Meadowvale Road, stated he is not as concerned about an empty truck trailer coming in and out of the neighborhood, but he is concerned about them coming in with a fully-loaded trailer. He also expressed his objection to the long idling times. Mr. Miske stated that diesel pickups do not need a long warm-up idling time and are not a nuisance. He indicated he supports the proposed ordinance. Steven Stoffers, 14092 Victoria Lane, did not feel a 10 minute idling time for a truck was unreasonable, but sometimes the residents must listen to the idling for 1 to 4 hours. He stated the residents cannot enjoy being out on their decks and in their yards. Mr. Stoffers was concerned the upcoming road overlay will be damaged when the semi owner backs into his driveway. He stated is in favor of the proposed ordinance. . Gary Balcom, 14054 Victoria Lane, expressed his support for the proposed ordinance as written. He felt the conditional use permit was necessary in order to address issues associated with the trucking activity, such as noise and odor. With the conditional use permit, the city will know where these trucks are so that there will not be a concentration of them in a certain area. Mr. Balcom stated that the odor is very offensive and the exhaust has set off his smoke detector. He stated he would not object to a 10 minute idling time. Mr. Balcom felt the selling value of his home has gone down by having the truck in his neighborhood, even though property values and taxes have risen. He felt that with a conditional use permit in place, a potential buyer could be advised that there are limits to the operation of the semi truck.. He expressed his support for the conditional use permit process in order to maintain some control over the truck operations. Mark Grimmer, 20446 Victoria Lane, expressed concern that the truck owner may be allowed an access onto Meadowvale; that the street overlay will be damaged, and he also was concerned for the safety of children with a fully- loaded semi truck coming in and out of the neighborhood. Linda Miske, 20431 Meadowvale Road, stated her objection to the odor caused by the semi truck. She stated she is not able to use her four-season porch because the odor is so offensive. . Robert Holland, 21385 Brook Road (County Road No. 21), stated he has owned trucks all his life and felt that a 15 minute warm-up time for semi trucks was all that was necessary, and the trucks could be shut down when returning after idling only 5 to 10 minutes. Mr. Holland felt the 7,000 lb. Gross weight limit would restrict parking of some of the 31.. ton pickups. Mr. Holland indicated he was informed that a state law allows truckers to travel to their private residences even if the road is posted, but he was not sure if the law was still in effect. He supported . . . Planning Commission Minutes September 29, 1998 Page 4 restricting the idling time of the semi trucks, and, parking of a fully-loaded truck on public or residential property. He was not in favor of the City of Elk River adopting ordinances just because another city has a similar ordinance. There being no further comments from the public, Vice Chair Cote closed the public hearing. Vice Chair Cote stated he did not feel it was appropriate for the Planning Commission to act on a nuisance ordinance. He also felt it appeared that the ordinance amendment was the result of a problem in a particular neighborhood. Commissioner Thompson stated that the ordinance may be necessary to prevent the same issue from becoming a problem in another part of the city. Commissioner Thompson stated she would like to discuss this issue at a workshop and did not want to make a decision at this time. Commissioner Chambers indicated that if the ordinance was adopted, the Planning Commission would eventually be reviewing these conditional use permits. Commissioner Chambers stated he could understand both sides of the issue and that he would like to discuss it at a workshop. Commissioner Chambers indicated that he felt this was an issue the city will need to deal with in the future. Commissioner Schuster felt the language in the existing ordinance was clearer than in the proposed language. Laurie Mezera-Kerr indicated the city currently has no means to regulate semi truckers and has only been able to track the complaints associated with them. She explained the subject of semi trucks and the associated noise and odor has been an ongoing issue in the city. It was the consensus of the Planning Commissioners to discuss whether a conditional use permit was appropriate for this use at the October 13th workshop. COMMISSIONER THOMPSON MOVED TO POSTPONE ACTION ON ORDINANCE NO. 98-_, AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 500.06(6) OF THE CITY CODE OF ORDINANCES, PUBLIC HEARING CASE NO. OA 98-5, UNTIL THE OCTOBER 27, 1998, PLANNING COMMISSION MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Citv of Elk River Reauest for Ordinance Amendment Reaardina Setbacks on Corner Lots, Public Hearina Case No. OA 98-4 Staff report by Steve Wensman. The City of Elk River is requesting an ordinance amendment to redefine the existing definitions, "Lot Line, Front" and "Lot Line, Rear" and to add the additional definitions for Front Yard, Side Yard and Rear Yard. Steve reviewed the definitions and asked the Commission for comments. Discussion followed regarding the definition of rear lot line in relationship to corner lots. It was the consensus of the Commissioners to discuss the issue further at the October workshop. . . . Planning Commission Minutes September 29, 1998 Page 5 Vice Chair Cote opened the public hearing. There being no public comment, Vice Chair Cote closed the public hearing. COMMISSIONER THOMPSON MOVED TO POSTPONE ACTION ON ORDINANCE NO. 98--1 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.00 OF THE CITY CODE OF ORDINANCES RELATING TO DEFINITIONS FOR YARDS AND LOT LINES, PUBLIC HEARING CASE NO. OA 98-4, TO THE OCTOBER 27, 1998, PLANNING COMMISSION MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Update on 9/21/98 City Council Meetina by Commissioner Schuster Commissioner Schuster updated the Commission on planning issues reviewed at the September 21,1998, City Council meeting. 7.2. Conditional Use Permit Inspection Update by Steve Wensman Steve Wensman reviewed his update to the Commission on compliance for conditional use permits issued in the last three years. The Commissioners discussed options for ensuring compliance with conditional use permits such as; the city installing the landscaping or other requirements and billing the property owner, requiring developers of new projects to provide a bond for the cost of the improvements, or, pursuing legal action. The Planning Commission recommended that the City Council direct staff to write a final letter to the conditional use permit holders who are in noncompliance, giving them 60 days to respond. If there is no response, the Commissioners recommended the City Council pursue legal action. 7.3. State Plannina Conference Commissioner Schuster indicated he attended the 1998 State Planning Conference in Bemidji (September 21,22 and 23) and found it to be very informative. He noted that he attended the training session for Planning Commissioners on Wednesday morning (September 21, 1998). 7.4. Open Space Tour Commissioner Kuester reported that she participated in the Lake Elmo tour sponsored by Sherburne County and visited 3 different developments. She indicated that developers, representatives from the townships, Anoka County, and tree forestry were also in attendance. She stated that through the tour, she became aware of a number of issues related to open space development for discussion at the October 13th workshop meeting. 8. Adiournment There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Planning Commission Minutes September 29, 1998 Page 6 The meeting of the Elk River Planning Commission adjourned at 9: 1 0 p.m. Respectfully submitted, LJ~i ~dk~4-) Debbie Huebner Recording Secretary