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03-27-2001 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 27, 2001 Members Present: Chair Mesich, Commissioners Johnson, Kuester, Pederson, Ropp and Schuster. Commissioner Baker arrived at 6:35 p.m. Members Absent: None Staff Present: Michele McPherson, Director of Planning; Debbie Huebner, Recording Secretary 1. Call Meeting 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 Mesich. 2. Consider 3/27/01 Plannina Commission Aaenda COMMISSIONER JOHNSON MOVED TO APPROVE THE MARCH 27, 2001 PLANNING COMMISSION AGENDA. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 2/27/01 Plannina Commission Minutes COMMISSIONER PEDERSON MOVED TO APPROVE THE FEBRUARY 27, 2001, MINUTES. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Plannina Commission Representative to Attend April City Council Meeting Commissioner Mesich will attend the April 16,2001, City Council meeting. 5.2. Request by the City of Elk River to Amend Section 900.08 and 900.10.5. - Government Office and Facilities Staff report by Michele McPherson, Director of Planning. Ms. McPherson stated that Sherburne County has a purchase agreement with Hoyt Partners to purchase property located south of the existing courthouse and jail facility. Hoyt Partners has requested a land use amendment and rezoning on behalf of Sherburne County, in order to accommodate possible future expansion of the County Government Center. The Planning Commission reviewed the land use and rezoning, and as a result, the Commission felt it may be more appropriate to amend the ordinance to allow government offices in residential districts. She reviewed the proposed changes to the definition of government buildings and facilities, and government offices, and to add government offices as a permitted use in the residential zoning district. . . . Planning Commission Minutes March 27, 2001 Page 2 Ms. McPherson reviewed a letter from Brian Bensen, Sherburne County Administrator. written on behalf of the Sherburne County Board, regarding the proposed amendments. She stated that the County does not feel it is possible to separate "courthouse" and "county offices", and asks that "courthouse" remain in the definition of Governmental Offices. as a permitted use. Chair Mesich opened the public hearing. There being no public comment. Chair Mesich closed the public hearing. Commissioner Schuster asked if it was the intent to keep jails out of the permitted uses. Ms. McPherson stated that that was the Commission's intent. Chair Mesich, and Commissioners Pederson and Johnson were in agreement that the "courthouse" use should be listed as a conditional use. Commissioner Pederson stated that he felt "county offices" would be a good buffer between the future business park and the residential use. Discussion followed regarding the County's opinion that "county offices" and "courthouse" cannot be separated. Ms. McPherson stated that Mr. Bensen explained to her that the uses are defined by State Statue. She suggested that. as an example. if a future expansion of the County offices included moving social services or the assessors, or recorder's offices. these would be permitted uses. Commissioner Franz questioned the County's letter regarding location of the County Attorney's office. The Commissioners felt it would be difficult to determine which offices would need to be in close proximity to the court rooms or jail facilities. Ms. McPherson explained that if the proposed amendments are adopted, "courthouse" uses would require a conditional use permit. She stated that the Commission's concern regarding the issue of the location of "holding cells" would be addressed by conditional use permit process. Ms. McPherson stated that it would be difficult to list all the county's functions which would be permitted uses. The Commissioners discussed the issue of jails and holding cells. Ms. McPherson read the definition of jails from the City's ordinance. COMMISSIONER JOHNSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO AMEND SECTION 900.08 AND 900.10.5. - DEFINITIONS FOR GOVERNMENTAL BUILDINGS AND FACILITIES, AND GOVERNMENTAL OFFICES AS FOLLOWS: GOVERNMENTAL BUILDINGS AND FACILITIES DEFINITION: DELETE THE WORDS "CORRECTIONAL FACILITIES" AND INCLUDE THE WORDS, "JAILS. COURTHOUSES". GOVERNMENTAL OFFICES: DELETE THE WORDS "COURTHOUSES, JAILS OPERATED ON THE SAME SITE AND AS PART OF A CITY OR COUNTY COURTHOUSE". R-1 - SINGLE FAMILY RESIDENTIAL - PERMITIED USES: ADD VII. GOVERNMENTAL OFFICES. Planning Commission Minutes March 27, 2001 Page 3 . COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.1. Request bv Chris Stokke for Conditional Use Permit for Landscape Contractina Yard, Public Hearing - Case No. Cu 01-12 Staff report presented by Michele McPherson. Ms. McPherson explained that an ordinance amendment was recently approved to allow landscaping contractors' yard as a conditional use in the A 1 Agricultural zoning district. Christopher Stokke is requesting a conditional use permit for a landscaping contractors' yard to be located on his 2.9 acre parcel at the southeast corner of 218th Avenue and Highway 169. Ms. McPherson explained that Greenscape Landscaping Company currently operates on the site. Ms. McPherson reviewed issues regarding the existing layout of the site, surrounding uses, parking, drainage, and landscaping. Ms. McPherson stated that staff recommends approval of the request by Mr. Stokke and reviewed the conditions as listed in the staff report to the Commission dated March 27, 2001. Commissioner Baker asked if staff received any comments from neighboring residents. Ms. McPherson stated that no comments were received. Commissioner Franz asked how much larger the equipment and material storage area would be. Ms. McPherson stated that the applicant is not proposing to increase the size of the area, and that staff is recommending that the area be defined with some type of barrier to prevent the area from gradually expanding. . Commissioner Pederson asked if the Rin Tin Inn driveway and parking lot located across from his site is paved. Ms. McPherson stated that the parking area is paved and the driveway is partially paved. Chair Mesich noted that the Rin Tin Inn is a commercial kennel. Chair Mesich opened the public hearing. Christopher Stokke, 14459 145th Court, Elk River, applicant, explained that it is his intent to keep his operation simple at this time. He stated that if he decides to expand in the future, he would like to locate a larger building (possibly 40' x 60') closer to the center of the property. He stated that there is little opportunity to screen the current site, since it is lower than Highway 169, and locating a future building away from the highway would provide better screening of the materials stored outside. Commissioner Pederson asked what type of equipment Mr. Stokke has on site. Mr. Stokke stated that he currently has two dump trucks and two bobcats. He noted that the equipment is stored indoors in the winter. Mr. Stokke stated that it is sometimes difficult to maneuver his equipment on the site and he felt that an additional 20 foot wide entrance would help. There being no further public comment, Chair Mesich closed the public hearing. . Commissioner Pederson felt that Mr. Stokke's point regarding an additional access was valid. He stated that it would be difficult to back up a truck and trailer in the limited space Mr. Stokke has and that vehicles may end up being Planning Commission Minutes March 27, 2001 Page 4 . driven over the curb, breaking it down, and defeating the purpose of requiring it to be installed. He felt it makes sense to allow a second access further east on 218th Avenue. Commissioner Pederson asked if it was necessary to require Mr. Stokke to pave all of the area which has been recommended. Ms. McPherson stated that it may not be necessary to pave the whole area and that an apron into the storage area could be paved. She felt it was necessary to define the storage area. Ms. McPherson agreed that maneuvering on the site may be difficult and she felt staff could work with Mr. Stokke to create a second access that was aesthetically pleasing. Commissioners Baker, Johnson and Ropp expressed their support for allowing a second access. Chair Mesich asked why retail sales was not mentioned. Ms. McPherson stated that retail sales was not included in the definition. Ms. McPherson stated that the Commissioners could chose to approve the conditional use permit and remain silent on the issue, or they could chose to prohibit retail sales. She stated that she did not feel the City would concerned if Mr. Stokke were to sell a small amount of landscaping rock to a resident. but it would be another matter if Mr. Stokke were to be advertising and having customers coming to the site on a daily basis. Commissioner Baker stated that the Comprehensive Plan is clear on not allowing commercial development on Highway 169 beyond 197th Avenue. . Commissioner Pederson suggested that a condition be added to exclude retail sales. He stated that Mr. Stokke has two years to meet the conditions anyway, and questioned why require paving of the areas now, if he plans to expand. He stated that Mr. Stokke would then be required to amend his conditional use permit, and paving and curbing could be addressed at that time. Ms. McPherson stated that the City has no idea if or when Mr. Stokke may expand. Mr. Stokke stated that the City does not currently maintain 218th, the property owners do. He questioned if it makes sense to require paving of his site when 218th is not paved. The Commissioners discussed allowing other alternatives to define the entrance and storage area, rather than paving. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CHRISTOPHER STOKKE FOR A CONDITIONAL USE PERMIT, CASE NO. CU 0112, WITH THE FOLLOWING CONDITIONS: . 1. THE OUTDOOR STORAGE AREA CONSIST OF CLASS V MATERIAL AND THE PERIMETER BE BOUNDED WITH RAILROAD TIES OR SOME OTHER BARRIER TO PREVENT THE AREA FROM GRADUALLY EXPANDING. 2. THE APPLICANT WORK WITH STAFF TO DEFINE THE PARKING AREA, ENTRANCE AND ACCESS DRIVE IN FRONT OF THE BUILDING, USING SOME TYPE OF NATURAL MATERIAL SUCH AS ROCKS OR TIMBERS. 3. ADDITIONAL EVERGREEN TREES BE PLANTED ALONG 218TH AVENUE AND THE FINAL LANDSCAPE PLAN BE SUBMITTED AND APPROVED BY STAFF. 4. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. . . . Planning Commission Minutes March 27, 2001 Page 5 5. THE ENTRANCE BE NARROWED SO THAT IT IS NO WIDER THAN 30 FEET. 6. NO RETAIL SALES ARE ALLOWED. 7. A SECOND DRIVEWAY ACCESS IS RECOMMENDED, BUILT TO THE SAME SPECIFICATIONS AS THE PRIMARY ACCESS. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.1. Update on 3/19/01 City Council Meetina Director of Planning Michele McPherson provided an update on the March 19, 2001 City Council meeting. She noted that Senior Planner Scott Harlicker and City A ttorney Peter Beck met with Cargill on March 16th, and that negotiations were going well. Chair Mesich asked that and update on the National Planning Conference in New Orleans be added to the Saturday, April 7th special meeting agenda. Chair Mesich stated that he has recently become aware that the Conoco car wash in Elk River Crossing is experiencing water pressure problems. He stated that he did not feel the City should allow further development in this area until the water pressure problems were resolved. Ms. McPherson stated that she was aware there were problems in the Trott Brook Farms development, but she had not heard about problems in Elk River Crossing. Ms. McPherson stated that the Utilities is searching for a water tower site in East Elk River which should help to alleviate the pressure issue. Chair Mesich expressed concern that the Municipal Utilities did not try secure a water tower site in Trott Brook Farms, when the opportunity was there during the review process. 7. Adjournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 7:45 p.m. Respectfully submitted, ;[)IN ~ Debbie Huebner Recording Secretary