07-27-1999 PC MIN
.
.
.
MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 27,1999
Members Present:
Chair Cote, Commissioners Chambers, Kuester, Thompson and
Schuster
Members Absent:
Commissioner Mesich
Staff Present:
Michele McPherson, Director of Planning; Scott Harlicker, Senior
Planner; Debbie Huebner, Recording Secretary
1. Call Meetina To Order
Pursuant to due call and notice thereot the meeting of the Elk River Planning
Commission was called to order at 6:55 p.m. by Chair Cote.
2. Consider 7/27/99 Plannina Commission Aaenda
COMMISSIONER KUESTER MOVED TO APPROVE THE JULY 27, 1999, PLANNING
COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS:
7.2. - COMMISSIONER KUESTER ITEMS - BERMING & TOUR DE SPRAWL
7.3. - COMMISSIONER KUESTER ITEM - DISCUSS WORKSHOP MEETINGS
7.4. - DISCUSS DESIGN STANDARDS - ELK RIVER CROSSING
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3. Consider Consent Aaenda
COMMISSIONER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
REQUEST BY WINDSOR DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL (SEVEN
OAKS), PUBLIC HEARING CASE NO. P 99-9 - TABLED TO 8/24/99.
4. Consider 6/22/99 Plannin<;:l Commission Minutes
COMMISSIONER THOMPSON MOVED TO APPROVE THE JULY 27, 1999, MINUTES AS
CORRECTED. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
5.
Plannina Commission Representative to Attend AU<;lust Citv Council Meetina
Commissioner Kuester volunteered to attend the August 16, 1999 City Council
meeting, due to the resignation of Commissioner Morris. The new Commissioner
will be asked to attend the October City Council meeting in her place.
Planning Commission Minutes
July 27, 1999
Page 2
.
6.1.
Reauest by Novco, Inc. for a Zone Chanae from 11 to PUD, Public Hearin<;l Case
No. ZC 99-6
Reauest by Novco, Inc. for Conditional Use Permit to Allow a Truckin<;l Facility,
Public Hearina Case No. CU 99-27
6.2.
Staff report by Michele McPherson. Harold and Garnet Novotny of Novco, Inc.
have requested the following:
1. Rezoning of 150' x 350' (1.2 acres) parcel from 11 (Light Industrial) to PUD
(Planned Unit Development).
2. Conditional Use Permit for site plan improvements to occupy a 7,500 square
foot building.
Ms. McPherson reviewed staff's findings to support the rezoning request. Ms.
McPherson also reviewed issues associated with the conditional use permit
including setbacks, lot coverage, access, parking and traffic, grading and
drainage, landscaping, trash removal, lighting, signage, sewer and water
availability, and platting requirements.
Chair Cote opened the public hearing.
.
Kevin Novotny, 18278 Concord Street, representing the applicant, stated that they
anticipate generating very little garbage at this site and they did not need a
dumpster at this time. He noted that they are willing to provide curb stops as
requested by staff.
There being no comments from the public, Chair Cote closed the public hearing.
Commissioner Kuester indicated that she felt some type of garbage service
should be required.
COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
NOVCO, INC. FOR A REZONING FROM 11 (LIGHT INDUSTRIAL) TO PUD (PLANNED UNIT
DEVELOPMENT), CASE NO. ZC 99-6, BASED ON THE FOLLOWING FINDINGS:
1. THAT THE REZONING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AND
ZONING ORDINANCE.
2. THAT THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES.
3. THAT THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC DEVELOPMENT
STRATEGY TO PROMOTE BUSINESS RETENTION WITHIN THE COMMUNITY.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
.
COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
NOVCO, INC. FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99-
Planning Commission Minutes
July 27. 1999
Page 3
.
27, TO ALLOW SITE IMPROVEMENTS TO OCCUPY AN EXISTING 7,500 SQUARE FOOT
BUILDING, WITH THE FOLLOWING CONDITIONS:
1. CURB AND GUTTER SHALL BE INSTALLED AS INDICATED ON THE PLAN TITLED
"CURBS" AND DATED 6/30/99.
2. CITY APPROVED CURB STOPS SHALL BE INSTALLED AROUND THE AREA NOTED
"CLASS 5" AS INDICATED ON THE PLAN TITLED "EXISTING SITE" AND DATED
6/30/99.
3. IF GRADING OCCURS SOUTH OF THE BUILDING, A GRADING PLAN SHALL BE
SUBMITTED FOR APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCEMENT
OF GRADING ACTIVITIES. THE GRADING PLAN SHALL INDICATE THE USE OF
RETAINING WALLS WHERE NECESSARY.
4. UNDERGROUND IRRIGATION SHALL BE INSTALLED AS INDICATED ON THE PLAN
TITLED "IRRIGATION" AND DATED 6/30/99.
5. LIGHTING SHALL BE INSTALLED AS INDICATED ON THE PLAN TITLED "LIGHTS" AND
DATED 6/30/99.
6. A SIGN PERMIT SHALL BE OBTAINED PRIOR TO CHANGING THE SIZE, MATERIAL,
OR LOCATION OF THE SIGN.
7. THE APPLICANTS SHALL CONNECT TO MUNICIPAL UTILITIES BY THE FALL OF 2001.
.
8. THE LANDSCAPING SHALL BE INSTALLED AS PROPOSED ON THE PLAN FROM
STEVE'S ELK RIVER NURSERY AND DATED 7/799. TREES SHALL BE INSTALLED AT THE
SIZES INDICATED IN THE ORDINANCE.
9. THAT THE PROPERTY BE PLATTED IF, IN THE FUTURE, ADDITIONS OR ALTERATIONS
ARE PROPOSED TO THE BUILDING.
10. NO OUTDOOR STORAGE OF TRASH SHALL BE PERMITTED WITHOUT A PROPER
TRASH ENCLOSURE, BUILT TO COMPLY WITH CITY STANDARDS.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.3. Reauest bv City of Elk River for Ordinance Amendment Reaardina Nonconforming
Uses, Public Hearina Case No. OA 99-13
Staff report by Michele McPherson. The City of Elk River has requested approval
of an ordinance amendment to reduce the time frame for compliance of
discontinued nonconforming uses from one year to six months. Ms. McPherson
explained that the 1999 Legislature removed amortization as a tools for cities to
remove nonconforming or undesirable land uses.
.
Commissioner Kuester stated that she did not feel there should be any time for a
nonconforming use to resume operations. once it has ceased. Ms. McPherson
explained that the city's legal counsel has recommended a time frame of no less
than six months, which would allow property owners to exercise their rights. and
that six months is consistent with other cities.
Planning Commission Minutes
July 27, 1999
Page 4
.
explained that the city's legal counsel has recommended a time frame of no less
than six months, which would allow property owners to exercise their rights, and
that six months is consistent with other cities,
Discussion followed regarding the example of the Custom Motors property.
Chair Cote opened the public hearing.
There being no comment from the public, Chair Cote closed the public hearing.
COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST
BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO REDUCE THE TIME
FRAME FROM ONE YEAR TO SIX MONTHS FOR DISCONTINUED NONCONFORMING
USES, PUBLIC HEARING CASE NO. OA 99-13. COMMISSIONER CHAMBERS
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7, Other Business
7.1. Update on 7/19/99 City Council Meetina
Commissioner Chambers provided an update on the July 19, 1999, City
Council meeting.
7.2.
.
7.3.
7.4.
.
Country Crossinqs 3rd Addition Berminq
Commissioner Kuester distributed photographs of alterations which have
been made to the berm along County Road No. 30 by homeowners,
taken by Park & Recreation Commissioner Dave Anderson. The photos
show instances of where the berming was removed, built on, used for
gardening, and covered with weeds. Commissioner Kuester expressed
her agreement with Commissioner Anderson's view that this berm serves
no longer serves a useful purpose and the city must be cautious of using
berming as an attempt to buffer a residential area. Chair Cote stated
that he felt that maintenance of berming can only be successful in
developments where a homeowner's association is in place.
Commissioner Kuester reviewed materials which she obtained when
attending a "Tour de Sprawl" seminar sponsored by the Sierra Club. The
information is available to other commissioners interested in the issue of
urban sprawl.
Planninq Commission Workshop Format
Commissioner Kuester expressed her concern that the Planning
Commission workshops are being used for public hearings, rather than for
discussion of issues, as originally intended. Staff and the Commissioners
discussed the reasons for the past three months' public hearings. It was
the consensus of the group to schedule public hearings for these meetings
only if necessary to comply with the 60 day rule, or if other special
circumstances arose.
Discuss Desiqn Standards for Elk River Crossinq Commercial PUD
Commissioner Chambers provided photos of the Rainbow Village
shopping center in Sf. Cloud, citing architectural treatments discussed in
.
.
.
Planning Commission Minutes
July 27, 1999
Page 5
workshop meeting. It was the consensus of the Commissioners to support
the revised design standards.
Chair Cote aCknowledged the receipt of the letter of resignation from
Commissioner Morris, and expressed his appreciation on behalf of the Planning
Commission, to Mr. Morris for his service.
8. Adjournment
There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN
THE MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
The meeting of the Elk River Planning Commission adjourned at 8: 15 p.m.
/cOtbb({l M~t6h)e/[j
Debbie Huebner
Recording Secretary