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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