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05-25-1999 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 25,1999 Members Present: Chair Cote, Commissioners Kuester, Mesich, Thompson and Schuster Members Absent: Commissioners Chambers and Morris Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Assistant Planner; Stephen 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 6:30 p.m. by Chair Cote. 2. Consider 5125/99 Plannina Commission Agenda COMMISSIONER THOMPSON MOVED TO APPROVE THE MAY 25, 1999, PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGE: ITEMS 6.17. - 6.20. - POSTPONED TO THE JUNE 8, 1999, SPECIAL MEETING COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 4127 /99 Plannin~ Commission Minutes COMMISSIONER KUESTER MOVED TO APPROVE THE APRIL 27,1999, MINUTES. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Consider 5/11 /99 Plannina Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE MAY 11, 1999, MINUTES. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Planning Commission Reoresentative to June 21, 1999, City Council Meetina Commissioner Mesich will attend the June 21, 1999, City Council meeting. Commissioner Morris will attend the August 16, 1999, City Council meeting in Commissioner Mesich's place. 6.1. Reauest bv City of Elk River for Ordinance Amendment - Chaoter 2, Add Section 215, Establishing Heritaae Preservation Commission, Public Hearina Case No. OA 99-6 Planning Commission Minutes May 25, 1999 Page 2 . 6.2. Reauest by City of Elk River for Ordinance Amendment Section 900.08 - Definitions - Heritaae Preservation Commission and Site, Public Hearina Case No. OA 99-6 Reauest by City of Elk River for Ordinance Amendment to Section 9000.1 O{ 1 ) - Establishment of HPS {Heritage Preservation Site Overlay Zonina District!. Public Hearing Case No. OA 99-8 Request by City of Elk River for Ordinance Amendment to Section 900.12 - Heritage Preservation Site Overlav Zonina District, Public Hearing Case No. OA 99-9 6.3. 6.4. Staff report by Steve Rohlf. Steve explained that a group of local citizens are interested in creating a written history of Elk River. In order to legitimize this effort, the group has recommended that the city create a Heritage Preservation Commission. Steve indicated that staff recommends an ordinance amendment to allow a zoning overlay for historic preservation sites. Peter Beck, City A ttorney, reviewed the option of designating historic preservation sites, versus a zoning overlay. Peter noted there are some minor "housekeeping" changes in text of the proposed ordinance to provide consistency. Peter recommended that the authority to recommend rezonings and review permits should be included in the "powers and duties" section. Discussion followed regarding whether or not a Heritage Preservation Site Alteration Permit should be required for a change of color, or to move from or to another building, and if the Planning Commission should routinely review them. . Chair Cote asked if this committee would have power of eminent domain. Peter Beck indicated that the Heritage Preservation Committee would make recommendations to the City Council. Peter noted that the ordinance will be clarified to demonstrate which are powers and duties of the Commission and which issues the Commission makes recommendations to the City Council. Steve Rohlf indicated he felt the zoning overlay would allow the city the ability to make a stand, if the need ever arose. Chair Cote opened the public hearing. Ron Black, 913 Main Street, indicated he was a member of the original committee interested in Elk River's history. Mr. Black noted that he serves on Otsego's Heritage Preservation Committee. He encouraged the committee to look at their priorities, stating that he felt the most important goal is education and second is obtaining eligibility for grants. Mr. Black felt that establishing a Heritage Preservation Commission demonstrates to the citizens that their public officials are interested in preservation the city's heritage. He urged the Commissioners to recommend approval of the ordinance. . Clifford Lundberg, 400 Jackson Avenue, expressed support for the ordinance amendments to establish a Heritage Preservation Commission. He asked the Commission to carefully consider the language in the proposed ordinances. He stated that he felt an ordinance is only as useful as the bureaucrats who enforce it and it should not be used as a "club". Planning Commission Minutes May 25. 1999 Page 3 . Curt Cragness, 13122 1st Street, Becker, MN, Director of the Sherburne County Historical Society, reviewed values which would be gained by the establishment of a Heritage Preservation Commission: 1 . Help preserve the identify and integrity of the community 2. Provide a sense of community and connection 3. Provide economic benefits such as downtown redevelopment. neighborhood revitalization and economic development. Mr. Cragness noted possible sites to consider for preservation such as the old sawmill site near Lake Orono, the Handke Stadium, Native American battle sites along the river dating back to the late 1700's, and some of the historic neighborhoods such as 4th and 5th Streets, which have several 100 year old homes. Mr. Cragness indicated that there are 41 other communities in Minnesota which have established a Heritage Preservation Commission. Bud Houlton, 729 Main Street, indicated he is one of the individuals on the ad-hoc committee who discussed the possibility of writing down Elk River's history. He stated that they became aware of funding to help with such a project. if the city had an Heritage Preservation Commission. He expressed his agreement with Mr. Lundberg that the ordinance should be a help and not a hindrance to the city. There being not other comments from the public, Chair Cote closed the public hearing. . Commissioner Kuester questioned if the Planning Commission would be reviewing permits. Mr. Beck indicated that the Planning Commission would only be see issues which require Planning Commission review. Chair Cote questioned the language regarding members requiring "expertise" to serve on the commission. It was the consensus of the Commission that the language read "interest and/or expertise". Commissioner Kuester indicated she was not ready to make a recommendation on the ordinance amendments, until the revisions which were discussed have been incorporated into the ordinance amendments. Discussion followed regarding other revisions to the ordinance including: Add NO.7 and NO.8, under "Powers and Duties" - Make recommendations regarding alterations and rezonings. Clarify "recommendations" and "powers and duties" "Review of Permits" , (I)(a) - delete "change of color" ,(I)(d) "move from or to any building" ,iv. - Planning Commission Recommendation, Delete "H", Recording of Heritage Preservation Sites. Various definitions be revised to reflect "rezoning", rather than "designation" of sites. Incorporate 60 day rule for review of applications. . COMMISSIONER KUESTER MOVED TO POSTPONE THE FOLLOWING REQUESTS TO THE JUNE 22, 1999, PLANNING COMMISSION MEETING: Planning Commission Minutes May 25, 1999 Page 4 . 1. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT - CHAPTER 2, ADD SECTION 215, ESTABLISHING HERITAGE PRESERVATION COMMISSION, PUBLIC HEARING CASE NO. OA 99-6 2. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT SECTION 900.08 - DEFINITIONS - HERITAGE PRESERVATION COMMISSION AND SITE, PUBLIC HEARING CASE NO. OA 99.6 3. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO SECTION 9000.10(1) - ESTABLISHMENT OF HPS (HERITAGE PRESERVATION SITE OVERLAY ZONING DISTRICT), PUBLIC HEARING CASE NO. OA 99-8 4. REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO SECTION 900.12 - HERITAGE PRESERVATION SITE OVERLAY ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 99.9 COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chair Cote opposed. 6.14. Marc Bailey Request for Conditional Use Permit for Home Occuoation, Public Hearina Case No. CU 99-15 Steve Wensman indicated that the applicant has decided to withdraw his application and was no longer present. . COMMISSIONER KUESTER MOVED TO TABLE THE REQUEST BY MARC BAILEY FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-15, TO THE JUNE 22, 1999, PLANNING COMMISSION MEETING, PENDING RECEIPT OF A WRITTEN REQUEST FROM THE APPLICANT FOR WITHDRAWAL OF HIS APPLICATION. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Reauest by City of Elk River for Zone Change to Remove Certain Prooerties from the Wild and Scenic River Overlay Zoning District Public Hearing Case No. ZC 99-4 Request by City of Elk River for Ordinance Amendment Section 906 - Wild & Scenic River Ordinance, Public Hearing Case No. OA 99-10 Request by City of Elk River for Ordinance Amendment to Section 900.12 - Wild & Scenic River District Public Hearina Case No. OA 99-11 6.6. 6.7. Steve Rohlf reviewed the requests by the City of Elk River for a zone change and two ordinance amendments related to the Wild and Scenic River Ordinance. Steve discussed the history of the City's struggle since 1996 to resolve issues associated with the DNR's version of the Wild and Scenic River Ordinance which places unreasonable restrictions on property owners. He explained that the City modified the draft ordinance to make it compatible with the City's Comprehensive Plan and it was rejected. He explained that it appears the DNR's planning process could drag on another 2 to 3 years. Steve reviewed boundary locations, uses, lot size and setback changes which would make the Ordinance compatible with the City's Comprehensive Plan. Staff recommends approval of the zone change and ordinance amendments as proposed in the staff report to the Planning Commission dated May 25, 1999. . Planning Commission Minutes May 25, 1999 Page 5 . Commissioner Schuster asked what the consequences would be if the city adopts this ordinance. Peter Beck indicated that he does not know, since there conflicts with the DNR itself, in enforcing the ordinance. Steve Rohlf noted that the DNR Area Hydrologist, Larry Kramka, feels the City's proposed changes are logical. Chair Cote opened the public hearing. Cliff Lundberg, 400 Jackson Avenue, stated that he has been attending the DNR meetings for 6 - 9 months, but the meetings have stopped and no further information has been received. He indicated it is difficult to understand why the DNR has decided to enforce the old rules, since they have been allowing building permits where they now say they cannot. AI Nadeau, business owner on Main Street, encouraged the City to adopt the ordinances. Ron Black, 913 Main Street, commended staff for taking the initiative to resolve the long-standing problems with the Wild and Scenic River Ordinance. Mr. Black reviewed a case in Otsego regarding the KOA property at Highway 39 and 101 in which property in the Wild and Scenic River District was exempted in order to complete a highway project. Mr. Black noted that the DNR has routinely changed and exempted properties as late as 1990 or 1991. . Mike Leary, 206 Watson, part-owner of the Americlnn Hotel, explained that he has been unable to expand his business because of the Wild and Scenic designation. Mr. Leary stated that he purchased the neighboring lots for $100,000 in order to build a restaurant. He cannot currently get a permit for the restaurant, nor is he able to expand the number of units. Recently, he was also denied a building permit in order to make improvements to the entrance of the hotel. He stated that the lots he purchased are worthless unless he is able to expand. He asked the Commission to support the proposed ordinance amendments. Lynn Caswell, 11801 Brentwood Lane, expressed his frustration with the DNR process of "consensus-building". He stated that the internet site for this project mainly attracts people who want to use the river and has not seen any evidence of land ownership. He indicated that he will continue to attend the meetings in hope that some resolution will follow. He urged the city to continue to force the issues with the DNR or they will not see any action for several years. Renee San dee, President of the Elk River Area Chamber of Commerce, was present, representing the business owners, to encourage and support the City's adoption of the proposed ordinance amendments to the Wild and Scenic River Ordinance. . Bud Houlton, 729 Main Street, (1st National Bank), stated the he is the owner of several buildings which fall within the Wild and Scenic River boundary. He explained that when the hearings were held in the 1970's for the original ordinance, they were told that as long as the businesses conformed with the city's ordinances, there would not be a problem. Mr. Houlton indicated he did not understand why the DNR has taken this posture and the DNR doesn't have Planning Commission Minutes May 25, 1999 Page 6 . any answers, either. He stated he does not see any other way than to adopt the ordinances and force the issue. He felt that development and redevelopment has come to a standstill for properties inappropriately designated in the Wild and Scenic River District. Shellee Pearle, business owner on Main Street, stated that she has received notice for only one meeting of the DNR. She encouraged the Planning Commission to move forward with the ordinance. Ms. Pearle encourage the business owners and residents to stand together for the betterment of the river and the community. Steve Rohlf noted the receipt of a letter from Houle Oil Company, expressing their support for the rezoning and ordinance amendments. There being no other public comment, Chair Cote closed the public hearing. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 906 - "WILD AND SCENIC RIVER ORDINANCE", PUBLIC HEARING CASE NO. OA 99-10, BASED ON THE FOLLOWING FINDINGS: 1. THE AMENDMENT IS COMPATIBLE WITH THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN. 2. THE AMENDMENT IS COMPATIBLE WITH THE VALUES OF THE WILD AND SCENIC RIVER DISTRICT. . 3. THE AMENDMENT IS A BENEFIT TO BOTH WATER QUALITY AND QUANTITY IN THE MISSISSIPPI RIVERSHED. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 900.12(12)(C) - "PERMITTED, CONDITIONAL, AND ACCESSORY USES BY DISTRICT - C-3 HIGHWAY COMMERCIAL - CONDITIONAL USES", PUBLIC HEARING CASE NO. OA 99-11, BASED ON THE FOLLOWING FINDINGS: 1. THE AMENDMENT PROTECTS THE VALUES OF THE WILD AND SCENIC RIVER DISTRICT. 2. THE AMENDMENT IS COMPATIBLE WITH THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COMMISSIONER THOMPSON MOVED TO RECOMMEND REZONING CERTAIN PROPERTIES TO REMOVED THEM FROM THE WILD AND SCENIC RIVER OVERLAY DISTRICT, PUBLIC HEARING CASE NO. ZC 99-4, BASED ON THE FOLLOWING FINDINGS: Planning Commission Minutes May 25, 1999 Page 7 . 1. THE REZONING IS CONSISTENT WITH THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN. 2. THE REZONING IS CONSISTENT WITH THE HISTORIC AND PRE-EXISTING ECONOMIC USE OF THE PROPERTIES. 3. THE REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION OF THE URBAN SERVICE AREA. 4. THE REZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 5. THE REZONING IS COMPATIBLE WITH THE VALUES OF THE WILD AND SCENIC RIVER DISTRICT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTIN CARRIED 5-0. 6.8. Consider Acquisition of Park Land Adiacent to Mississippi River, GP 99-7 Staff report by Steve Rohlf. Steve explained that the City Council has asked the Planning Commission to consider the acquisition of two parcels of land (8 acres total), adjacent to the Mississippi River for park and trail purposes. Steve reviewed references in the Master Park Plan which support the acquisition of the property, as outlined in his report to the Planning Commission dated May 25, 1999. . COMMISSIONER THOMPSON MOVED TO SUPPORT ACQUISITION OF THE SUBJECT PROPERTY LOCATED ON THE MISSISSIPPI RIVER, BASED ON THE FINDING THAT THE ACTION IS CONSISTENT WITH THE MASTER PARK PLAN OF THE CITY'S OVERALL COMPREHENSIVE PLAN. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Reauest by Leeann Chin for Conditional Use Permit to Amendment Elk Park Center Planned Unit Development Aqreement Reqardinq Siqnage, Public Hearing Case No. CU 99-21 Staff report by Scott Harlicker. Leeann Chin has requested an amendment to the Planned Unit Development (PUD) agreement for Elk Park Center to allow signage on their awnings. Chair Cote opened the public hearing. Megan Babcock, representing Leeann Chin, stated that they are asking for the lettering on their awnings at the Elk Park Center site in order to be consistent with their trade dress at other locations. Commissioner Mesich asked what percentage of their sites had lettering on the awnings. Ms. Babcock stated that lettering on the awnings has been approved at all their sites, except for the ones where the awnings are provided by the owner of the building, and are not Leeann Chin's awnings. Chair Cote expressed his support for staff's interpretation of the signage ordinance. Commissioner Thompson also expressed her agreement with staff. . COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REQUEST BY LEEANN CHIN FOR A CONDITIONAL USE PERMIT TO Planning Commission Minutes May 25. 1999 Page 8 . 6.10. . 6.11. . ALLOW AN AMENDMENT TO THE ELK PARK CENTER PUD AGREEMENT REGARDING SIGNAGE. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 3-2. Commissioners Kuester and Schuster opposed. Request by Elk River Chrysler for General Plannina Permit for Siqn, Public Hearino Case No. GP 99-5 Staff report by Steve Wensman. Elk River Chrysler has requested approval to remove the existing Chrysler sign and add a new sign that would have 50 square feet less. Presently, Elk River Chrysler has three freestanding signs and the City's ordinance allows q maximum of two free standing signs per business. Jim Hasscamp, representing Elk River Chrysler, explained that they would like to revise one of their existing signs and add a "Jeep" sign. Discussion followed regarding interpretation of the sign ordinance for this request. Chair Cote opened the public hearing. There being no comments from the public, Chair Cote closed the public hearing. Commissioner Mesich questioned if the DNR would allow a building permit. Steve indicated that an interim ruling will allow a permit on the east side of Highway 10. Commissioner Schuster felt the proposal would reduce the visual clutter. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER CHRYSLER FOR SIGNAGE, CITING ITEM D. OF SECTION 900.22(5) OF THE CITY OF ELK RIVER SIGN ORDINANCE AS BASIS FOR THE APPROVAL, CASE NO. GP 99-5. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Stein Desion (Jeff Agnes) for Amendment to Conditional Use Permit Regardino Sianage, Public Hearing Case No. CU 99-22 Staff report by Scott Harlicker. Stein Design has requested a conditional use permit for an amendment to the Elk Park Center PUD Agreement to allow anchor tenant signage for Office Max. The current PUD agreement does not address signage for a third anchor tenant. Stein Design is asking that Office Max be allowed 364 square feet of wall signage with letters that are 7 feet tall and 52 feet wide. Scott noted that the requested signage is similar to Target and Cub Foods. Staff recommends approval of the request. Chair Cote opened the public hearing. Jeff Agnes of Stein Design, architect for Bradley Real Estate (property owner), explained that the signage being requested is the typical Office Max prototype. There being no further comments from the public, Chair Cote closed the public hearing. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STEIN DESIGN FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER Planning Commission Minutes May 25. 1999 Page 9 . PUD AGREEMENT FOR ADDITIONAL SIGNAGE AS PROPOSED FOR OFFICE MAX, PUBLIC HEARING CASE NO. CU 99-16. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12. Reauest bv Stein Design (Jeff Aanes) for Amendment to Conditional Use Permit Regarding Additional Sauare Footage. Public Hearina Case No. CU 99-22 Staff report by Scott Harlicker. Stein Design has requested a conditional use permit to amend the PUD agreement for Elk Park Center to allow the construction of a 6,372 square foot retail expansion on the north end of Building A. Scott explained how additional parking would be accommodated. Scott indicated staff is requesting that the parking island on the east side of the parking addition be shifted to the west to line up with the other islands and that a tree be added. Scott noted that Terry Maurer has recommended that the parking access located east of the service road be eliminated because of the close proximity to intersection of Freeport Avenue. Scott recommended that Terry's other comments also be incorporated as conditions of approval. Scott indicated that he was not sure why 2 of the trees have been eliminated. Discussion followed regarding the driveway for truck drive traffic and the loss of the two trees. Jeff Agnes of Stein Design, applicant, discussed possible changes to save the trees. . There being no further public comment, Chair Cote closed the public hearing. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT TO AMEND THE ELK PARK CENTER PUD AGREEMENT TO ALLOW ADDITIONAL RETAIL, PUBLIC HEARING CASE NO. CU 99-22, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE DUMPSTER ENCLOSURE BE CONSTRUCTED OF A MATERIAL TO MATCH THE EXTERIOR OF THE BUILDING. 3. AN ADDITIONAL TREE BE PLANTED ON THE PARKING ISLAND IN FRONT OF THE BUILDING. 4. THE PARKING ISLAND ON THE EAST SIDE OF THE PARKING ADDITION BE SHIFTED TO THE WEST SO IT IS ALIGNED WITH THE EXISTING ISLANDS. 5. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. 6. THE PROPOSED CONCRETE BLOCK ON THE NORTH SIDE OF THE BUILDING SHALL BE CHANGED TO BRICK, WHICH WILL MATCH THE REST OF THE NORTH SIDE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Planning Commission Minutes May 25, 1999 Page 10 . 6.13. Marshall Concrete Products Request for Amendment to Conditional Use Permit No. CU 96-24 to Construct a Storage Garaqe, Public Hearinq Case No. CU 99-17 Staff report by Steve Wensman. Marshall Concrete has requested a conditional use permit amendment to allow the construction of a storage building at the site which is located in the northwest corner of the intersection of 213th Avenue and Highway 169. The proposed building will be used to store tools, supplies, resale inventories, and to park equipment. Staff recommends approval of the request. Chair Cote opened the public hearing. John Thompson, 2637 Marshall Street, Minneapolis, representing the applicant, indicated that they feel vandalism will be reduced if their equipment can be stored indoors and will also reduce nuisance issues. Mr. Thompson noted that the proposed building will match the exterior of the existing building. There being no further public comment, Chair Cote closed the public hearing. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY MARSHALL CONCRETE FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-17, WITH THE FOLLOWING CONDITION: 1. THAT THE BUILDING CONFORM TO THE UNIFORM BUILDING CODE AND ANY CONCERNS OF THE ELK RIVER BUILDING AND ZONING DEPARTMENT. . COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.15. Heritaqe Landing Development Co. Request for Land Use Amendment to Amend the Urban Service Area, Public Hearina Case No. LU 99-1 Staff report by Steve Wensman. Heritage Landing Development Co. has requested a land use map amendment to remove property located south of Highway lOWest and west of Waco Street, from the urban service district. Steve explained the consequences of such an action, as outlined in his report to the Planning Commission dated May 25, 1999. Commissioner Kuester suggested that a condition of approval be added to ensure that the property owners will bear all costs to hook up to city sewer and water, if they change their minds in the future. Commissioner Mesich asked if the site would support a septic system. Terry Maurer, City Engineer, indicated he has not seen soil borings for the site, but he did not see any reason why it would not support a septic system. Chair Cote opened the public hearing. Richard Kincanon, property owner, indicated that he has owned the property for 22 years, paid over $60,000 in taxes and has been unable to develop the property. . There being no further comments from the public, Chair Cote closed the public hearing. Planning Commission Minutes May 25, 1999 Page 11 . COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY HERITAGE LANDING DEVELOPMENT CO. FOR A LAND USE MAP AMENDMENT TO REMOVE PROPERTY FROM THE URBAN SERVICE DISTRICT, PUBLIC HEARING CASE NO. LU 99-1, WITH THE FOLLOWING CONDITION: IF WATER AND SEWER BECOMES AVAILABLE IN THE FUTURE AND THE PROPERTY OWNER WISHES TO HOOK UP, THE PROPERTY OWNER SHALL BEAR ALL COSTS ASSOCIATED WITH THE EXTENSION OF THE WATER AND SEWER. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.16. Heritaae Landing Development Reauest for Ordinance Amendment to Allow Mini Storaae in C3 Zonina District. Public Hearina Case No. OA 99-5 Staff report by Steve Wensman. Heritage Landing Development Co. has requested an ordinance amendment to allow mini-storage as a conditional use in the C3 zone. Chair Cote opened the public hearing. . Dennis Chuba, 10451 175th Avenue NW, part-owner of the property, explained that the most successful mini-storage businesses have highway visibility. He indicated that the proposed mini-storage would be made as attractive as possible and could be removed or destroyed if, in the future, if a better use for the property arose. Commissioner Kuester asked what type of design standards would be enforced. Steve Wensman reviewed the highway commercial standards which would apply to the property. The Commissioners expressed some concern whether the proposed mini storage was an appropriate use for the entrance to the city. The Commissioners also discussed other sites where this type of use would be allowed, if the proposed ordinance amendment was approved (Le., Tailwind Trailers site, Better Yards and Gardens, Furniture and Things). Commissioner Schuster indicated that since the site has no access to city services, he felt the mini storage was an appropriate use for the property. There being no comments from the public, Chair Cote closed the public hearing. COMMISSIONER MESICH MOVED TO RECOMMEND DENIAL OF THE REQUEST BY HERITAGE LANDING DEVELOPMENT FOR AN ORDINANCE AMENDMENT TO ALLOW MINI STORAGE AS A CONDITIONAL USE IN THE C3 ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 99-5, BASED ON THE FINDING THAT IN 1996, THE CITY COUNCIL AMENDED THE ZONING ORDINANCE TO EXCLUDE MINI STORAGE AS A CONDITIONAL USE IN THE C3 (HIGHWAY COMMERCIAL) ZONING DISTRICT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION 4-1. Commissioner Schuster opposed. . . . . Planning Commission Minutes May 25, 1999 Page 12 7.1. Update on Mav 17th and Mav 24th Citv Council Meetings The Commissioners and staff discussed action taken on planning issues at the May 17th and May 24th City Council meetings. 8. Adiournment There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 10:05 p.m. Respectfully submitted, Debbie Huebner ~'~?~ Recording Secretary