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03-28-2000 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 28, 2000 Members Present: Chair Mesich, Commissioners Baker, Chambers, Morphew, Pederson and Schuster Members Absent: Commissioner Kuester Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Stephen Wensman, Planner; Debbie Huebner, Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereot Chair Mesich called the meeting of the Elk River Planning Commission to order at 6:30 p.m. 2. Consider 3/28/00 Plannina Commission Aaenda COMMISSIONER CHAMBERS MOVED TO APPROVE THE MARCH 28, 2000, PLANNING COMMISSION AGENDA. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 2/29/00 Planning Commission Minutes COMMISSIONER CHAMBERS MOVED TO APPROVE THE FEBRUARY 29, 2000, MINUTES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Plannina Commission Representative to Attend April 17, 2000,City Council Meetina Commissioner Schuster will attend the April 17, 2000, City Council meeting. Commissioner Baker will attend the May 15, 2000, City Council meeting. 5.1. Reauest by Tally Ho for General Plannina Permit Public Hearing Case No. GP 00-2 Staff report by Scott Harlicker. Youssef DabarkL applicant requests that he be allowed to alter the existing non-conforming freestanding sign at 1 7069 Highway 10 ( currently Tally Ho restaurant). The restaurant was recently issued an Embers franchise. The applicant proposes to remove the sign that spells "FOOD" and, using the existing poles, replace it with a smaller sign using the Embers logo and placing it at a lower location. Another freestanding sign is located on the same lot identifying the Amoco station. In order to place a second free standing sign on the same lot the City's ordinance requires that the lot have 300 feet of frontage, with a minimum of 150 feet between signs. Although there would be 200 feet between the two signs, the lot frontage is only 227 feet. Staff Planning Commission Minutes March 28. 2000 Page 2 . recommends approval of the request, noting that the proposed sign meets the size, setback and height requirements of the City's ordinance. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. Chair Mesich asked if the new Embers sign could be moved to the right, above the "Great Food Specials" sign, in order to eliminate the 3rd pole. Charlie Houle, property owner of the site, explained that they did consider this idea, but it was felt that the width was needed for strength in high winds. Chair Mesich asked what section of the code substantiated approval of such a request. Ms. McPherson read from the ordinance where this issue is addressed. Chair Mesich felt that the request does meet the criteria of the ordinance. Commissioners Schuster and Pederson expressed their agreement. Commissioner Pederson stated he felt the new sign would be a substantial improvement. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY TALLY HO RESTAURANT TO ALTER AN EXISTING NON-CONFORMING SIGN, CHANGING THE SIGN FACE FROM "FOOD" TO "EMBERS" AND PLACING THE EMBERS LOGO AT A LOWER LOCATION ON THE SIGN, PUBLIC HEARING CASE NO. GP 00-2. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.2. Request bv D.F. Peck for Preliminary Plat Approval (Whitetail RidqeL Case No. P 00-5 . Staff report by Scott Harlicker. D.F. Peck requests preliminary plat approval to subdivide 39 acres into 18 single-family clustered lots with 21 acres of open space. The property is located at Polk Street and 203rd Avenue. Scott discussed the surrounding land uses, density, layout of the lots and streets, use of open space, trail access, landscaping, grading and drainage, tree preservation, wells, septic systems, and park dedication. Mr. Harlicker noted that a two-year time frame is recommended for development of Lot 7, Block 2, or the existing storage building on this lot will need to be removed. An escrow account of $2,000 is also recommended to cover demolition costs in the event the city should have to remove the structure. Mr. Harlicker explained that the proposed northern trail access to Lot B is unusable because of wetlands and a future sedimentation pond. Also, the southern trail access is blocked because of a proposed sedimentation pond. Mr. Harlicker discussed the extent of the grading for the site which is proposed by the developer. Commissioner Baker asked if Mr. Harlicker's concerns regarding the grading were because of the loss of trees. Mr. Harlicker stated that he is not only concerned about the loss of trees on the site, but also the impact the grading will have on the trees on the adjacent property. . Planning Commission Minutes March 28, 2000 Page 3 . Commissioner Morphew asked what type of building was on Lot 7. Mr. Harlicker explained that the building was a barn-style structure which was fairly new. Commissioner Chambers asked how the clustered septic system would look from the road. Terry Maurer explained that the site would be a grassy field, with 6" pipes sticking out of the ground for observation wells. Commissioner Chambers asked why this site was chosen. Mr. Harlicker felt it was chosen because it was high and dry. Mr. Maurer did not feel the entire site would be needed for the system and it may be possible to push the system back further from the road. Mr. Harlicker stated that screening could be placed between the edge of the system and the road right-of-way. Commissioner Morphew questioned whether there were any health concerns with children playing on the septic system. Mr. Maurer stated that there are no heath concerns and it would be no different than children playing on a septic system in on a residential lot, but it would not be feasible to set up recreation fields on the site. Commissioner Baker asked if this project was the first clustered septic system the city has approved. Terry Maurer stated that this is the second cluster development approved, but noted that the first one has not been built yet. Chair Mesich opened the public hearing. . Dennis Peck, applicant, explained that the extensive grading is necessary in the southern portion of the plat in order to connect the road to Preserve Estates, due to the 20 ft. change in grade between the two plats. Mr. Peck stated that they hired a forester from Kunde Company to evaluate the site. The forester felt that most of the trees in the in the areas of the most significant tree removal were scrub trees. He noted that it is more difficult to preserve trees on smaller lot sizes (3/4 acre). Mr. Peck stated that they would be able to do a better of job of preserving trees in the northern area. Mr. Peck also explained that structure which the property owners have asked to remain is a nice two-story, 3-stall garage. Chair Mesich asked if the lot located to the south in the plat had enough buildable lot area, given the amount of wetland. Mr. Peck stated that testing would be done to verify the build ability of the lot. Chair Mesich asked if there was standing water in this area. Mr. Larson, property owner, stated there was no standing water. Chair Mesich asked if the holding pond would be adequate. Terry Maurer stated that drainage must stay within the property. He noted that the ponds in question are water quality ponds which prevent fertilizers and other possible contaminants from going into the storm sewer. Terry Maurer explained that the applicant needs to provide storm drainage calculation before final plat review. Chair Mesich asked if the applicant had a landscaping plan for outlot A. . Mr. Peck stated that a second septic location needs to be determined first. He explained that the septic system site will be seeded and a split rail fence will be possibly be installed. Mr. Peck noted that the forester does not feel that it is worthwhile to salvage the trees where the largest amount of loss will occur. He Planning Commission Minutes March 28, 2000 Page 4 . stated that they will work with the forester and City Engineer not to disturb the second septic site location, in case it is needed in the future. There being no further comments from the public, Chair Mesich closed the public hearing. Commissioner Chambers suggested that a condition be added to require landscaping of Lot A to screen the septic system. Chair Mesich asked what type of landscaping could be done. Terry Maurer, City Engineer, stated that no trees could be planted on the system, but trees could be planted around the perimeter. Michele McPherson stated that landscaping could include a limited number of trees and prairie plantings. Chair Mesich asked why so many trees would have to be removed. Scott Harlicker explained that the trees would be removed because of the extensive grading the developer was proposing, to create walkout lots. . Terry Maurer stated that staff is concerned that the Commission be aware of how much grading is going to be done on the site, in light of previous plats where nearly all the trees ended up being removed. Commissioner Schuster asked if tree preservation includes replacement of trees lost. Ms. McPherson stated that there is no provision in the current ordinance, any mechanism or formula, for requiring tree replacement. Commissioner Schuster expressed his concern for the loss of trees and would like to see the developer do more to preserve trees. COMMISSIONER CHAMBERS MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY D.F. PECK FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 00-5, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. . Planning Commission Minutes March 28, 2000 Page 5 . 7. PARK DEDICATION fEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME Of fiNAL PLAT BE PAID PRIOR TO RELEASING THE PLAT fOR RECORDING. 8. SURfACE WATER MANAGEMENT fEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME Of fiNAL PLAT BE PAID PRIOR TO RELEASING THE PLAT fOR RECORDING. 9. A SEALCOAT fEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT fOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE Of BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE Of BUILDING PERMITS. 12. ALL GRADING BE CERTifiED PRIOR TO THE ISSUANCE Of BUILDING PERMITS. 13. RIGHT-Of-WAY BE PROVIDED ON THE NORTH SIDE Of POLK STREET TO PROVIDE ACCESS TO THE PROPERTY TO THE NORTH. 14. OUTLOT A AND OUTLOT B BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIfiED LAND TRUST. 15. ALL MAILBOXES BE CLUSTERED. . 16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT fOR RECORDING. 17. ANY TREES Off SITE OR ON SITE, NEAR THE LIMIT Of GRADING THAT ARE TO BE PRESERVED, SHALL BE fENCED WITH A SNOW fENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE Of EQUIPMENT, DEBRIS OR MATERIALS. STAff PRIOR TO COMMENCING GRADING SHALL INSPECT fENCING. 18. THE DEVELOPER ACQUIRE ADDITIONAL PROPERTY fROM THE PROPERTY OWNER TO THE NORTH IN ORDER TO PROVIDE THE REQUIRED 60-fOOT RIGHT-Of-WAY fOR POLK STREET. 19. ANY Off SITE GRADING WILL REQUIRE EASEMENTS fROM ADJACENT PROPERTY OWNERS. 20. CONSTRUCTION Of A HOUSE ON LOT 7, BLOCK 2 SHALL BEGIN WITHIN 2 YEARS Of RECORDING THE fiNAL PLAT. If CONSTRUCTING IS NOT STARTED WITHIN 2 YEARS THE STORAGE BUILDING ON SAID LOT SHALL BE REMOVED. AN ESCROW ACCOUNT IN THE AMOUNT Of $2,000 SHALL BE SET UP TO COVER THE COST Of REMOVING THE STRUCTURE PRIOR TO RELEASING THE PLAT fOR RECORDING. 21. LANDSCAPING Of OUTLOT A TO SCREEN THE SEPTIC AREA fROM STREET. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. . CHAIR MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes March 28, 2000 Page 6 . 5.3. Reauest by TCF National Bank for Conditional Use Permit, Public Hearina Case No. CU 00-7 Staff report by Steve Wensman. TCF National Bank is requesting a conditional use permit to construct a 4,340 square foot financial institution with a seven lane, 2.452 square foot canopied drive-up area on Lot 2, Block 1, Elk Park Center 3rd Addition. Mr. Wensman reviewed hours of operation, parking and circulation, sidewalks, refuse collection location, signage, and landscaping and screening. Staff recommends approval of the request with the six conditions outlined in the staff report to the Commission dated March 28, 2000. Ms. McPherson noted that TCF has secured the access easement with Norwest Bank. Chair Mesich opened the public hearing. Mike Kraft of Shea Architects, representing TCF, explained that the building will be brick with large windows, and precast concrete detailing. Chair Mesich asked if the refuse containers would be screened. Mr. Kraft stated that they would be screened and enclosed. . Chair Mesich asked why the trees were being taken out to the north. Mr. Kraft stated that the trees would not be removed, and felt this was an error on the plan. There being no further comments from the public, Chair Mesich closed the public hearing. Commissioner Schuster expressed his concern that traffic trying to exit onto Jackson may back up on Freeport during peak hours. COMMISSIONER MORPHEW MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY TCF NATIONAL BANK TO CONSTRUCT A 4,340 SQUARE FOOT FINANCIAL INSTITUTION WITH A SEVEN LANE, 2,452 SQUARE FOOT, CANOPIED DRIVE-UP AREA WITH THE FOLLOWING CONDITIONS: 1. THAT THE CITY ENGINEER COMMENTS OUTLINED IN THE ATTACHED MEMORANDUM BE INCORPORATED INTO THE PLANS. 2. THAT A REVISED LANDSCAPE PLAN BE SUBMITTED THAT INCORPORATES MORE TREES ALONG JACKSON STREET AND SHRUBS ALONG FREEPORT AVENUE TO PROVIDE BETTER SCREENING AND TO REPLACE THOSE REMOVED IN CONSTRUCTION. 3. THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO INSTALLING THE WALL OR MONUMENT SIGNS. . Planning Commission Minutes March 28, 2000 Page 7 . 4. THAT THE DRIVEWAY AROUND THE DRIVE-THRU BE STRIPED TO ACCOMMODATE FREE TRAFFIC AROUND STACKED VEHICLES. 5. THAT SNOW FENCING BE PROVIDED AROUND TREES TO BE SAVED PRIOR TO ANY CONSTRUCTION TO PREVENT GRADING, STORAGE, OR PARKING THAT MIGHT DAMAGE THE TREES. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. Request bv Patrick Gagnon for Preliminary Plat Approval (Norwood Addition!. Public Hearinq Case No. P 00-4 . 1. 2. 3. 4. 5. . Staff report by Steve Wensman. Patrick Gagnon is requesting preliminary plat approval of Norwood Addition, a 4 lot per 40-acre subdivision in the A 1 zoning district. The property is located on County Road 33, across from the Pheasant Run subdivision. Mr. Wensman reviewed surrounding land uses, County right-of- way request, drainage and utility easement recommendations, septic and well requirements, and the issue of allowing an existing barn to remain on Lot 2. Staff recommends approval of the plat with the conditions listed in the staff report. Chair Mesich opened the public hearing. Robert Dare, 9987 209th Avenue NW, property owner to the east of the plat, asked if his driveway would be affected. He stated he would be concerned if the shared driveway proposed by the County would be located next to his property. Steve Wensman explained that the shared driveway would be located between lots 2 and 3 and would not affect Mr. Dare's driveway. There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER CHAMBERS MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PATRICK GAGNON FOR PRELIMINARY PLAT APPROVAL FOR NORWOOD ADDITION, PUBLIC HEARING CASE NO. P 00-4, WITH THE FOLLOWING CONDITIONS: THAT TWO ACCESS PERMITS BE OBTAINED FROM SHERBURNE COUNTY FOR THE 2 NEW DRIVEWAY ACCESSES ONTO COUNTY ROAD 33. THAT LOTS 3&4 HAVE A SHARED DRIVEWAY AND THAT A CROSS ACCESS EASEMENT BE RECORDED WITH THE PLAT FOR THE SHARED DRIVEWAY. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL. THAT THE CITY ENGINEER'S COMMENTS ON THE MEMO DATED MARCH 17,2000 BE INCORPORATED INTO THE PRELIMINARY PLAT. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. Planning Commission Minutes March 28, 2000 Page 8 . 6. PARK DEDICATION FEE AND TRAil FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 7. THAT AN ESCROW ACCOUNT FOR $2000.00 BE PROVIDED TO COVER THE COST OF REMOVAL OF THE BARN IF IT IS NOT REMOVED BY APRil 17, 2002. THE ESCROW CAN BE RELEASED ONCE A HOUSE IS BUilT. 8. THAT DRAINAGE AND UTILITY EASEMENTS BE PROVIDED FROM THE 100 FEET SETBACK FROM THE TROTT BROOK TO THE REAR OF THE PROPERTY. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.5. Request by Nature's Hideaway to Expand the Liquor License at Elk River Country Club, Public Hearinq Case No. CU 00-8 . Staff report by Michele McPherson. Nature's Hideway is requesting a conditional use permit (CUP) to allow expansion of the liquor license for Elk River Country Club to full service. Ms. McPherson reviewed the history of the Country Club, the 1990 addition, and 1999 conditional use permit for a new maintenance facility. Currently, the County Club holds a wine, 3.2 and strong beer and setup licenses. Nature's Hideaway proposes to take over the restaurant and catering services at the club, and to expand to an on-sale license for the sale of all forms of liquor. Ms. McPherson noted that this business would be operated the same as their Rogers facility. Staff recommends approval of the request with two conditions listed in the report to the Planning Commission dated March 28, 2000. Commissioner Baker questioned if it was appropriate to condition this CUP with the requirement that the applicant comply with conditions of a CUP placed on the property owner previously. He asked how long the property owner has to comply with the conditions of the 1999 CUP. Ms. McPherson stated that 2 years are allowed, so the property owner still has approximately 18 months left. Commissioner Baker questioned what will happen if the conditions are not met in the two-year time frame. Ms. McPherson stated that they can ask for an extension; if they do not. the enforcement process would then begin. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. Commissioner Pederson did not feel it was appropriate to require this applicant to comply with conditions of a conditional use permit granted to the owner of the property (Elk River Country Club). . Chair Mesich asked if the restaurant and bar are open to the public. Ms. McPherson stated that the clubhouse is open to the public. Chair Mesich questioned if there was adequate parking. Ms. McPherson stated that based on the size of the facility, they have more parking than is required by the City's ordinance. Chair Mesich felt that there might be a potential for a parking problem in the future. Ms. McPherson stated that there could be a potential problem if there was a tournament going on, but since the Country Club meets the existing ordinance, it would be their issue to address the problem. Planning Commission Minutes March 28, 2000 Page 9 . COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY NATURE'S HIDEAWAY FOR A CONDITIONAL USE PERMIT TO ALLOW FULL LIQUOR SERVICE AT THE ELK RIVER COUNTRY CLUB SITE, PUBLIC HEARING CASE NO. CU 00-8, WITH THE FOLLOWING CONDITION: 1. THE APPLICANT SHALL COMPLY WITH THE CITY'S LIQUOR LICENSING REQUIREMENTS. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.6. Request by Wapiti Park Campqround to Rebuild Structure, Public Hearina Case No. CU 00-6 . Staff report by Michele McPherson. Wapiti Park Campground is requesting a conditional use permit to allow reconstruction of a 30 ft. x 55 ft. structure to be used for laundry, office, and assembly. Ms. McPherson explained that Wapiti Park has been in existence prior to the incorporation of the City and Township. In 1983, the parcel was rezoned from Agricultural to R 1 b (Single Family Residential) and the campgrounds became a conditional use. Later. campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. In November 1999, the existing structure burned completely down and, by ordinance, they are not allowed to rebuild. A new ordinance does, however, allows interim uses. Since the applicant has indicated that the campground will likely continue for 10 years (or less, depending on future assessments for water and sewer), the Planning Commission is asked to consider the applicants' request to rebuild as an interim use. Ms. McPherson noted that staff does have a concern regarding use of the proposed building for consumption of alcohol, since the site has both a 3.2 beer (off and on-sale) and setup license. Staff recommends approval of the request as an interim use, with a condition that the approval is valid for ten years or until the property is redeveloped, whichever is sooner, and an additional condition that the structure comply with all requirements of the Chief Building Official. Ms. McPherson noted that staff is recommending that the campground be considered an interim use. Chair Mesich asked if parking was provided. Ms. McPherson explained that it was her understating most of the residents/guests walked to the site, but that there was parking available around the building. Chair Mesich opened the public hearing. Mike Glen, 18746 Troy Street, applicant, stated that there is a 60' x 120' area designated for parking. Mr. Glen noted that the police have never been out to the site to check on underage drinking. He is not aware of a problem and that any underage youths consuming alcohol are escorted off the property. . Chair Mesich asked if the building would have a bathroom. Ms. McPherson stated that there would be one bathroom with a shower facility. Chair Mesich questioned if the gathering room would be one large room, with no separations. Ms. McPherson stated that it would be an open room. . . . Planning Commission Minutes March 28. 2000 Page 10 5.7. 5.8. Mr. Glen stated that the previous building was used by the morning "coffee klatch" and later in the day, friends would gather for a beer. He stated that children come in an out for pop and ice cream. Commissioner Schuster asked how the interim use is established. Ms. McPherson explained that an interim use is a special CUP, clearly identifying a date specific for termination of the use. She noted that if the property would be sold for residential use before the ten-year time period ends, the campground use would cease. Commissioner Pederson asked what would happen if the campground is still there is 10 years. Ms. McPherson stated that the applicant would need to come back to the City to request an amendment to the interim use. Chair Mesich felt that the applicant was granted a CUP, they should comply with the City's requirements, such as parking. He suggested an escrow could be required, if, in the future, the City felt the parking area needed to be improved. Commissioner Chambers stated he did not see a need to formally designate parking, since the building would be used mainly by the residents. Commissioner Schuster felt the parking situation was adequate, since it was mostly foot traffic to the site. Commissioner Baker expressed his agreement. He supported the new building as an improvement to the site. There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER SCHUSTER MOVED APPROVAL OF THE REQUEST BY WAPITI PARK CAMPGROUND FOR A CONDITIONAL USE PERMIT TO ALL RECONSTRUCTION OF A 30' X 55' STRUCTURE TO BE USED FOR LAUNDRY, OFFICE AND ASSEMBLY, PUBLIC HEARING CASE NO. CU 00-6, WITH THE FOLLOWING CONDITIONS: 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL THE PROPERTY IS REDEVELOPED, WHICHEVER IS SOONER. 2. THE STRUCTURE SHALL COMPLY WITH ALL THE REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Reauest by City of Elk River for Land Use Map Amendment for Tyler Street Properties, Public Hearina Case No. LU 00-3 Reauest by Citv of Elk River for Rezonina of Tyler Street Properties, Public Hearinq Case No. ZC 00-1 d Staff report by Michele McPherson. The City of Elk River requests the rezoning and change of land use designations of remnant parcels along Tyler Street be approved. Ms. McPherson explained that the requests are a "housekeeping" issue as a result of the Tyler Street re-alignment, in order to provide consistency for the zoning districts along this street. Staff recommends approval of the rezonings Planning Commission Minutes March 28. 2000 Page 11 . and land use cases listed in the staff report recommendation. based on the three findings listed. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR THE FOLLOWING LAND USE CHANGES (PUBLIC HEARING CASE NO. LU 00-3): . PARCEL 1: FROM L1, LIGHT INDUSTRIAL TO MR, MEDIUM DENSITY RESIDENTIAL . PARCEL 2: FROM L1, LIGHT INDUSTRIAL TO MR, MEDIUM DENSITY RESIDENTIAL . PARCEL 3: FROM L1, LIGHT INDUSTRIAL TO MR, MEDIUM DENSITY RESIDENTIAL . PARCEL 5: HB, HIGHWAY BUSINESS TO MR, MEDIUM DENSITY RESIDENTIAL . PARCEL 6: L1, LIGHT INDUSTRIAL TO MR, MEDIUM DENSITY RESIDENTIAL . PARCEL 7: MR, MEDIUM DENSITY TO RESIDENTIAL L1, LIGHT INDUSTRIAL . PARCEL 8: FROM L1, LIGHT INDUSTRIAL TO MR, MEDIUM DENSITY RESIDENTIAL BASED ON THE FOLLOWING FINDINGS: . 1. THE REZONING AND LAND USE CHANGES ACKNOWLEDGES A NEW PHYSICAL BOUNDARY BETWEEN ZONING DISTRICTS (TYLER STREET). 2. THE REZONING AND LAND USE CHANGES ARE CONSISTENT WITH THE COMPREHENSIVE PLAN. 3. THE CHANGES IN ZONING AND LAND USE DESIGNATION PROMOTE COMPATIBLE ZONING AND LAND USE OF THE REMNANT PARCELS CREATED BY THE CITY'S RIGHT OF WAY ACQUISITION WITH ADJACENT PARCELS. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR THE FOLLOWING REZONINGS (PUBLIC HEARING CASE NO. ZC 00-1): . PARCEL 1: FROM 11, LIGHT INDUSTRIAL TO R1D, SINGLE FAMILY RESIDENTIAL PARCEL 2: FROM BP, BUSINESS PARK TO R1 D, SINGLE FAMILY RESIDENTIAL PARCEL 3: FROM BP, BUSINESS PARK TO R1 D, SINGLE FAMILY RESIDENTIAL PARCEL 4: FROM PUD, PLANNED UNIT DEVELOPMENT TO BP, BUSINESS PARK (ZONE CHANGE ONLY) . PARCEL 5: FROM PUD, PLANNED UNIT DEVELOPMENT TO R1 D, SINGLE FAMILY RESIDENTIAL . PARCEL 6: FROM BP, BUSINESS PARK TO R1 D, SINGLE FAMILY RESIDENTIAL PARCEL 7: FROM R1 E, SINGLE FAMILY RESIDENTIAL TO BP, BUSINESS PARK PARCEL 8: FROM BP, BUSINESS PARK TO R1 E, SINGLE FAMILY RESIDENTIAL BASED ON THE FOLLOWING FINDINGS: . 1. THE REZONING AND LAND USE CHANGES ACKNOWLEDGES A NEW PHYSICAL BOUNDARY BETWEEN ZONING DISTRICTS (TYLER STREET). 2. THE REZONING AND LAND USE CHANGES ARE CONSISTENT WITH THE COMPREHENSIVE PLAN. . . . Planning Commission Minutes March 28, 2000 Page 12 3. THE CHANGES IN ZONING AND LAND USE DESIGNATION PROMOTE COMPATIBLE ZONING AND LAND USE OF THE REMNANT PARCELS CREATED BY THE CITY'S RIGHT OF WAY ACQUISITION WITH ADJACENT PARCELS. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.1. Discuss Workshop Schedule Michele McPherson reviewed the proposed 2000 Workshop Schedule. She noted that the Rolling Hills cluster development will be added to the April workshop, and, Hillside 8th Addition may be discussed at the May workshop. Chair Mesich suggested that the Planning Commissioners attending the National Conference could provide their report at the May workshop, also. Commissioner Baker expressed his concern that the City ensure continuity in commercial development standards. Ms. McPherson stated that the Commission will have an opportunity to look at development standards as part of the zoning ordinance update process. She explained that through the Comp Plan update and re-codification, they will be looking at other ordinances to establish specific tools for implementing design standards. Commissioner Chambers expressed his interest in being involved in design standards. Discussion followed regarding the re-codification process timeline. Ms. McPherson explained that staff will be meeting with the City's consultant in May and they will not likely see a first draft until July. Ms. McPherson explained that the City has the ability for more stringent standards through the conditional use process. Commissioner Baker stated that he personally would like to keep the small town "feel" in Elk River. Ms. McPherson stated that implementation of the zoning ordinance is the key to design standards; therefore, the City needs to make it clear in the ordinance what it expects of developers. Commissioner Baker felt that Maple Grove is a good example of what can be done with consistent design standards in commercial development. 6.2. Update on 3/20/00 City Council Meetina Michele McPherson provided an update on the March 20, 2000, City Council meeting. 7. Adjournment . . . Planning Commission Minutes March 28, 2000 Page 13 There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 8:56 p.m. ~espectfully submitted, j)pL~v~~~ Debbie Huebner 1./1 Recording Secretary