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06-22-1999 PC MIN . . . &fm@W~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 22,1999 Members Present: Chair Cote, Commissioners Mesich Thompson and Schuster Members Absent: Commissioners Chambers, Kuester and Morris Staff Present: Michele McPherson, Director of Planning; Stephen Wensman, Planner; Stephen Rohlf, Building and Zoning Administrator 1. Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:40 p.m. by Chair Cote. 2. Consider 6/22/99 Planning Commission Aqenda Chair Cote questioned discussing the Elk River Country Club issues due to lack of information. COMMISSIONER THOMPSON MOVED TO APPROVE THE JUNE 22, 1999, PLANNING COMMISSION AGENDA. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Planninq Commission Minutes a. 5/25/99 Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE MAY 25, 1999, MINUTES. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. b. 6/8/99 Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE JUNE 8,1999, MINUTES. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Planninq Commission Reoresentative to Attend 7/19/99 City Council Meeting Commissioner Chambers will attend the July 19,1999 City Council meeting. 5.1. Request by United Power Association for a Zone Chanqe from A 1 (Aqricultural) to AT (Antenna Overlay), Public Hearing Case No. ZC 99-6 5.2. Request by United Power Association for Conditional Use Permit to Construct a Building at Antenna Site (County Rd. 33), Public Hearinq Case No. GP 99-7 Planning Commission Minutes June 22, 1999 Page 2 . Staff report by Michele McPherson. United Power Association has requested a zone change to Antenna Overlay in order to bring their antenna site into compliance with the Zoning Ordinance, and, a conditional use permit to allow construction of a 20'x 30' storage building on the same antenna site. Chair Cote opened the public hearing. Pat Cairns stated that they have approached the Sheriff's Department to remove their structure as it is quite rusty and in need of repair. There has been no resolution regarding this suggestion. Commissioner Schuster questioned if the applicant has any plans to remove or reconstruct the existing tower. Mr. Cairns stated no. There being no further comments from the public, Chair Cote closed the public hearing. Commissioner Mesich asked if the applicant would be able to building a building without the rezoning. Michele McPherson, Director of Planning, stated the applicant would not be able to, since the use is a legal, nonconforming use. Commissioner Mesich stated he was uncomfortable approving a structure that exceeds the maximum height allowed, and the other ordinance requirements. Chair Cote suggested the applicant could be required to obtain a variance, as opposed to tabling the request. . COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY UNITED POWER ASSOCIATION FOR A ZONE CHANGE TO ANTENNA OVERLAY, PUBLIC HEARING CASE NO. ZC 99-5, COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY UNITED POWER ASSOCIATION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A STORAGE BUILDING, WITH THE FOLLOWING CONDITIONS: 1. THE PROPOSED STRUCTURE COMPLY WITH THE BUILDING CODE AND REQUIREMENTS OF THE CITY'S BUILDING OFFICIAL. 2. THAT UNITED POWER ASSOCIATION BE REQUIRED TO OBTAIN A VARIANCE TO BUILDING HEIGHT AND SETBACK ORDINANCE REQUIREMENTS. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Reauest by Elk River Country Club for a Land Exchanqe, Case No. GP 99-7 5.4. Reauest by Elk River Country Club for Conditional Use Permit. Public Hearing Case No. CU 99-23 Staff report by Steve Wensman. Elk River Country Club has requested a land and easement exchange, and, a conditional use permit to construct a maintenance building and modify the golf course. . . . . Planning Commission Minutes June 22, 1999 Page 3 Commissioner Mesich felt that too much information is unknown at this time and suggested the request be tabled. He asked if liability issues have been discussed with the city attorney. Chair Cote opened the public hearing. Dave Bleyhl, representing the Elk River Country Club, stated that representatives of the golf course and the City of Elk River met on the site and agreed to several other items, including construction of a fence, the range being turned to push balls in the direction of the range. He stated that the range sees heavy use during the months of June, July and August. Chair Cote questioned the urgency of the Country Club's schedule. Mr. Bleyhl stated that they would like to start construction on July 14, 1999. There being no further comments from the public, Chair Cote closed the public hearing. COMMISSIONER MESICH MOVED TO CONTINUE TO THE JULY 13, 1999, PLANNING COMMISSION SPECIAL MEETING, THE REQUEST BY ELK RIVER COUNTRY CLUB, CASE NO. GP 99-7, FOR THE FOLLOWING: A) A LAND EXCHANGE OF 1.2 ACRES OF PARK LAND FOR 2.82 ACRES OF CLUB LAND, AND B) AN EASEMENT EXCHANGE WITH THE COUNTRY CLUB WHICH WOULD ALLOW THE COUNTRY CLUB TO USE THE PARK ENTRANCE TO ACCESS THEIR PROPOSED MAINTENANCE FACILITY AND TO USE THE EXISTING DRIVING RANGE, IN EXCHANGE FOR ALLOWING CROSS COUNTRY SKIERS TO CONTINUE TO SKI ON A PORTION OF COUNTRY CLUB PROPERTY, TO BE DEFINED BY LEGAL DESCRIPTION AND SUBJECT TO FIELD VERIFICATION OF THE LOCATION OF AN ACCESS ROAD TO THE PROPOSED MAINTENANCE BUILDING BY THE PARK AND RECREATION COMMISSION. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER MESICH MOVED TO CONTINUE TO THE JULY 13, 1999, SPECIAL PLANNING COMMISSION MEETING, THE REQUEST BY ELK RIVER COUNTRY CLUB FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-23. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Reauest bv Guardian Angels for Expansion of Child Care Center, Public Hearina Case No. CU 99-25 Staff report by Michele McPherson. Guardian Angels has requested a conditional use permit to expand their child care center located at 400 Evans Avenue. Chair Cote opened the public hearing. Mark Peterson, Administrator for Guardian Angels, explained that the child care center will be phasing in the increase in the number of children from 16 to 31. Planning Commission Minutes June 22, 1999 Page 4 . There being no further comments from the public, Chair Cote closed the public hearing. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS FOR A CONDITIONAL USE PERMIT TO EXPAND THEIR CHILD CARE CENTER, PUBLIC HEARING CASE NO. CU 99-25, WITH THE FOLLOWING CONDITION: 1. THE IMPROVEMENT COMPLY WITH STATE LICENSING AND LOCAL BUILDING CODES PRIOR TO THE INCREASE IN CHILDREN TO BE SERVICES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Request by Guardian Oaks for Conditional Use Permit to Expand Senior Center, Dining and Commercial Kitchen, Public Hearin~ Case No. CU 99-24 Staff report by Michele McPherson. Guardian Oaks has requested a conditional use permit to allow expansion of their Senior Center, dining room, and commercial kitchen at 350 Evans. Chair Cote opened the public hearing. John Grothe of Trossen Wright, project architect, explained that the building additions were designed to avoid the trees. He stated that a patio space will be located out in front of the building. A civil plan will be submitted as part of the building submittals. . Commissioner Mesich asked if there was a kitchen in the building now. Mr. Grothe explained the kitchen situation. Chair Cote asked how critical the parking spaces were in the northwest corner of the site. Mr. Grothe indicated that they would not be opposed to eliminating the 6 spaces in the northwest corner. Commissioner Mesich questioned where the trash containers would be located. Ms. Sherry Emerson, representing Guardian Angels, explained the dining site. She agreed to providing proof of parking as a conditional of approval. She invited the public to dine at the center. There being no further comments from the public, Chair Cote closed the public hearing. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN OAKS FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-24 WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL SUBMIT A GRADING AND DRAINAGE PLAN AS PART OF THE BUILDING PERMIT APPLICATION AND SHALL COMPLY WITH THE COMMENTS OF THE CITY ENGINEER. . 2. IF TREES ARE TO BE REMOVED AS PART OF THE BUILDING OR PARKING EXPANSION, A LANDSCAPE PLAN SHALL BE SUBMITTED AND THE TREES REPLACED. Planning Commission Minutes June 22, 1999 Page 5 . 3. SIX (6) PARKING STALLS LOCATED IN THE NORTHWEST CORNER OF THE SITE SHALL BE REMOVED AND PROOF OF ADEQUATE PARKING IS TO BE PROVIDED. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Request by City of Elk River for Ordinance Amendment - Chapter 2, Add Section 215 Establishinq Heritage Preservation Commission, Public Hearinq Case No. OA 99-6 5.8. Request by City of Elk River for Ordinance Amendment Section 900.08 - Definitions - Heritaqe Preservation Commission and Site, Public Hearing Case No. OA 99-7 5.9. Request by City of Elk River for Ordinance Amendment Section 900.1 O( 1) Establishment of HPS (Heritage Preservation Site) Overlay Zoninq District, Public Hearinq Case No. OA 99-8 5.10. Request by City of Elk River for Ordinance Amendment Section 900.12 - Heritaqe Preservation Site Overlay Zoninq District Public Hearing Case No. OA 99-9 Staff report by Steve Rohlf. Steve reviewed the proposed ordinance amendments which are needed to establish a Heritage Preservation Commission and Overlay Zoning District. Chair Cote opened the public hearing. . Paul Motin, 9910 174th Avenue, questioned the purpose of the ordinance. Mr. Motin indicated he is concerned with having an ordinance that would prohibit construction in the downtown. He indicated that Central Business District representatives are pushing the "historic" downtown concept. Mr. Rohlf addressed Mr. Motin's concerns, and explained that the process was started in order to accomplish the primary goal of providing a written history of the city. He stated that the City Council has the authority to change the zoning of a property by a 4/5's vote, and that a property owner may request inclusion in the Heritage Preservation Overlay District. There being no further comments from the public, Chair Cote closed the public hearing. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE 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. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE 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. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. . COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO SECTION 9000.10(1) - ESTABLISHMENT OF HPS (HERITAGE PRESERVATION SITE OVERLAY ZONING DISTRICT), . . . Planning Commission Minutes June 22, 1999 Page 6 PUBLIC HEARING CASE NO. OA 99-8. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE 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 MESICH SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Other Business 6.1 . Review proposed cluster development and discussed cluster ordinance Michele McPherson explained that a cluster development proposal has been presented for property located at Tyler and 200th Street (Wirtz property) . Peter Knaeble, representing Bridgeland Development, reviewed the concept plan and his calculations. He indicated that last fall, the site was considered for 2.5 acre lots and it was found to be not economically feasible. Mr. Wensman reviewed the fact that the density bonuses in the proposed cluster ordinance have been deleted. Chair Cote stated that he would like to see smaller lots, rather than the long lots of large open space behind the houses, which was typical subdivision design in the late 1970's and early '80's. Commissioner Mesich indicated he would feel better exploring the cluster development concept if the Commission had stronger direction from the Council. Ms. McPherson explained Mayor Klinzing's and Councilmember Motin's interest in the cluster development concept. Mr. Rohlf explained that in shoreland areas, the DNR would required shared septic and water systems. Chair Cote asked if an incentive could be provided for cul-de-sac length. Commissioner Mesich stated that he felt the same amount of homes in a smaller area does not go far enough and that less homes and more open space is needed. He suggested bonuses be given for common septic systems, smaller lots, and longer cul-de-sacs. He stated that cluster designs should preserve the "country view" from the roads. Mr. Knaeble questioned the process for approval of the cluster development ordinance. Chair Cote felt the Commission needs to "push" the cluster development concept and support the smaller lot sizes. Commissioner Mesich suggested that the Commission work with staff to move forward on the issue. Planning Commission Minutes June 22, 1999 Page 7 . Mr. Wensman presented a second option which included common septic systems and a "country" view from the roadway. Commissioner Mesich requested that the public hearing notices which are published in the newspaper and mailed to property owners include the address of the subject property. 6.2. Update on 6/21/99 City Council Meeting by Commissioner Mesich Commissioner Mesich reviewed action taken by the City Council on planning issues at the June 21, 1999, City Council meeting. 8. Adjournment There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Planning Commission adjourned at 9: 15 p.m. Respectfully submitted, . Mi7:;;e~ Di~;J; of Planning .