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11-26-2002 PC MIN e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL NOVEMBER 26, 2002 Members Present: Chair Pederson, Commissioners Anderson, Franz, Jenson, Lemke, Offerman and Ropp Members Absent: None Staff Present: Michele McPherson, Director of Planning; Peter Beck, City Attorney; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; 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 6:45 p.m. by Chair Pederson. 2. Consider 11/26/02 Planning Commission Agenda e COMMISSIONER ANDERSON MOVED TO APPROVE THE NOVEMBER 26, 2002 PLANNING COMMISSION AGENDA. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider 10/22/02 Planning Commission Minutes COMMISSIONER ANDERSON MOVED TO APPROVE THE OCTOBER 22, 2002, MINUTES WITH THE FOLLOWING CORRECTION: ITEM 6.1. - ADDITION - CHAIR PEDERSON STATED THAT HIS EMPLOYER HAS HAD DISCUSSIONS WITH THE APPLICANT REGARDING POSSIBLE SITING OF A SENIOR HOUSING BUILDING IN THE PROPOSED PROJECT (ELK RIVER STATION). AFTER DISCUSSION WITH THE CITY'S LEGAL COUNSEL, IT WAS DETERMINED THAT NO CONFLICT OF INTEREST EXISTS AND CHAIR PEDERSON COULD P ARTICIP A TE IN THE DISCUSSION OF THIS ITEM. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend December City Council Meeting Commissioner Jenson will attend the December 16,2002 City Council meeting. 5.1. Requests by Elk River Landfill and Tiller Corporation for Amendments to Existing Conditional Use Permits. Case Numbers CU 02-28 and CU 02-30 e These items have been withdrawn at the request of the applicants. Planning Commission Minutes November 26, 2002 Page 2 Request by Sara Swanson for Conditional Use Permit (Hair Salon). Public Hearing - Case No. Cu 02-32 e 5.2. Staff report by Chris Leeseberg. Sara Swanson requests a conditional use permit for a home occupation to operate a hair salon at 17721 Cleveland Street. Mr. Leeseberg reviewed the site conditions, hours of operation and parking. Staff recommends approval of the request with the three conditions listed in the staff report. Chair Pederson asked if the use would cause any septic problems. Mr. Leeseberg stated that staff did not feel this would be an issue. Chair Pederson opened the public hearing. Harold Morphew, 17745 Cleveland Street, asked if the use of chemicals posed any contamination concerns, since the home had a septic system. Mr. Leeseberg stated that this question was raised when a similar request was reviewed and that the City Engineer stated he did not feel the quantity and levels used in a salon of this scale posed any contamination concerns. Commissioner Anderson suggested that a condition could be added to request comment from the City Engineer on this request. Commissioner Offerman asked if the applicant could move her operation to the new proposed garage, under this conditional use permit. Mr. Leeseberg stated that the applicant would have to apply for an amendment to her conditional use permit. There being no further public comment, Chair Pederson closed the public hearing. e Commissioner Jenson questioned what the hours of operation would be. Mr. Harlicker stated that the ordinance restricts operations between the hours of 10 p.m. and 7 a.m. City Attorney Peter Beck noted that there are a number of these types of uses in both the rural and urban service areas and no problems have been reported. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SARA SWANSON FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION, CASE NO. CU 02-32 WITH THE FOLLOWING CONDITIONS: 1. THE SALON SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. 2. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. 3. IF ADDITIONAL WORKSTATIONS OR EQUIPMENT ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. THE CITY ENGINEER BE ASKED TO COMMENT ON THE IMP ACT OF HAIR SALON CHEMICALS ON SEPTIC SYSTEMS AND THE RISK OF GROUND WATER CONTAMINATION. e COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Planning Commission Minutes ~overnber26,2002 Page 3 e 5.3. Request by James Boutin/William Dahlheimer for Zone Change from C2 to C 1. Public Hearing - Case No. ZC 02-09 Staff report by Scott Harlicker. James Boutin and William Dahlheimer request rezoning of property located at 503 and 515 Jackson Avenue from C2 (Office District) to C1 (Central Commercial). Mr. Harlicker reviewed the existing conditions and the statement of purpose for the C1 and C2 zoning districts. Staff recommends approval of the rezoning based on the findings listed in the staff report. Chair Pederson asked if the property south ofthese two lots was zoned C1. Mr. Harlicker stated yes. Commissioner Franz asked if parking issues or changes to the building need to be addressed. Mr. Harlicker stated that if a conditional use permit were required, those types of issues would be address during that review. Chair Pederson opened the public hearing. Paul Hatlestad, owner of the furniture business, stated that he plans no major changes to the building and that there is more than ample parking for an operation of this size (1,000 square feet). Mr. Hatlestad explained that the number one request from customers is for vintage/antique furniture and that he does not have space in his downtown location for furniture. There being no further public comment, Chair Pederson closed the public hearing. e Commissioner Anderson expressed support for the request. He stated he did not see any adverse impacts of extending the C1 Zoning District. Commissioner Jenson asked what the other building is used for. Mr. Harlicker stated that it is office space. Commissioner Franz stated that he felt the use was consistent with the Comprehensive Plan. Chair Pederson concurred. COMMISSIONER JENSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JAMES BOUTIN AND WILUAM DAHLHEIMER FOR REZONING OF PROPERTY AT 503 AND 515 JACKSON AVENUE FROM C2 OFFICE DISTRICT TO C1 CENTRAL COMMERCIAL, CASE NO. ZC 02-09, BASED ON THE FOLLOWING FINDINGS: 1. THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN LAND USE DESIGNATION OF CB. 2. THE PROPOSED REZONING IS AN EXTENSION OF THE EXISTING C1 ZONING DISTRICT. 3. THE PROPOSED REZONING IS COMPATIBLE WITH ADJACENT ZONING DISTRICTS AND LAND USES. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. e Planning Commission Minutes ~over.nber26,2002 Page 4 e 5.4. Request by City of Elk River for Recodification of Chapter 900 "Zoning" of the Code of Ordinances. Public Hearing - Case No. OA 02-05 Staff report by Michele McPherson. The Planning Commission is asked to recommend that Chapter 900 entitled "Zoning" be recodified as part of the recodification of the City Code. Ms. McPherson explained that there have been no significant changes to the City Code since it was adopted in 1980-1981. She provided an overview of the changes and new format. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE RECODIFICATION OF CHAPTER 900 OF THE CITY CODE ENTITLED "ZONING", CASE NO. OA 02-05. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. Request by the City of Elk River to Amend Section 900.20 Regarding Regulation of Accessory Structures. Public Hearing - Case No. OA 02-06 Staff report by Chris Leeseberg. The Planning Commission is asked to consider an amendment to the Accessory Structure portion of the Zoning Ordinance. Mr. Leeseberg reviewed Option A and Option B for the Commission. Chair Pederson asked if the plastic "snap-together" sheds will be considered, as well. Mr. Leeseberg stated that he will check into this type of construction material. e Commissioner Franz asked that residential PUD's be added to the zoning districts listed in proposed ordinance. He asked how tents are handled, such as the one used at Furniture and Things for sales. Mr. Leeseberg stated that these are handled under the General Planning Permit process. Commissioner Franz then asked if there are any permits required for tents used for parties such as weddings and graduations. Ms. McPherson stated no, but that these types of tents are engineered and flame retardant, and are usually professionally installed by the tent or rental company. Chair Pederson opened the public hearing. Mr. Lindberg, 816 Jackson Avenue, stated that he lives next door to a property with a 40 foot by 10-foot canvas shelter which is located 6 inches from his property line. Mr. Lindberg explained that during a recent strong wind, the structure blew into his yard. Mr. Lindberg stated that he felt the structures are a safety hazard and create a noise issue when the canvas is flapping in the wind. He felt that 180 days is too long for the structures to be allowed. There being no further public comment, Chair Pederson closed the public hearing. Discussion followed regarding the metal panel siding. It was the consensus of the Commissioners that the proposed metal panel siding and metal lap siding language was acceptable. e Chair Pederson stated that he did not feel that fabric accessory structures were acceptable in residential areas. He also had concerns regarding safety, snow and wind loads. He felt if Planning Commission Minutes November 26,2002 Page 5 e they were only allowed on larger lots in the A 1 and Ria Districts, they would be somewhat shielded from public view. Commissioner Anderson stated he was not in favor of allowing the structures, and would only consider them in the larger lot size areas. Commissioner Ropp questioned why the structures would be allowed in any area, if they are a safety hazard. Commissioner Jenson asked it they must meet building code. Mr. Leeseberg stated yes. Ms. McPherson stated that if the structures were to be up for more than 180 days, they would need to comply with the Building Code. If they were up less than 180 days, they would only need to comply with the Fire Code. She noted that setback requirements would be applied and the structures would be included in the total accessory structure area allowed. Chair Pederson suggested an Option C which would be not to allow the structures at all, and to include the plastic/vinyl panel systems, as well. Commissioner Ropp concurred, stating that these types of structures have a limited life and will deteriorate relatively quickly. Discussion followed regarding the fairground canvas structure and greenhouses. e Commissioner Offerman expressed concern for allowing the structures for 180 days in any district. Commissioner Jenson suggested adjusting the time period. Discussion followed regarding enforcement issues in regulating time periods. Commissioner Offerman suggested that party tents be restricted to a time period. Ms. McPherson suggested five days. City Attorney Peter Beck suggested that companies in this business be contacted to help with the language. Commissioner Franz suggested that structures over 120 square feet must abide by the building code and if they are under 120 square feet they only be allowed under certain criteria. Ms. McPherson stated that structures under 120 square feet are not regulated by the City. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE AMENDMENT TO THE ZONING ORDINANCE TO LANGUAGE PERTAINING TO THE METAL PANEL SIDING AND METAL LAP SIDING; AND TO RECOMMEND APPROVAL OF OPTION B REGARDING FABRIC ACCESSORY STRUCTURES WITH THE FOLLOWING CHANGES: 1. INCLUDE ALL POSSIBLE RESIDENTIAL ZONES SUCH AS RESIDENTIAL PUDS AND CLUSTER DEVELOPMENTS IN THE RiA AND Ai ZONING DISTRICTS. 2. STRIKE SECTION H COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. e Planning Commission Minutes ~overnber26,2002 Page 6 5.6. Request by the City of Elk River to Amend the Elk River City Code to Include a Section Regarding Tree Preservation. Public Hearing - Case No. OA 02-07 e Staff report by Scott Harlicker. Mr. Harlicker reviewed the history of the process to establish a tree ordinance and a tree preservation ordinance. He provided an overview of the tree ordinance. Staff recommends that the Planning Commission recommend approval of the Ordinance amendment establishing the Tree Ordinance and Tree Preservation Ordinance. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Chair Pederson asked if this ordinance addresses public property. Mr. Harlicker stated yes. Commissioner Jenson asked how difficult it would be for a landscaper to become a certified arborist. Mr. Harlicker stated that he was not sure of the certification process. Mr. Jenson asked if there would be a grace period for landscapers to become certified. Mr. Harlicker stated that the ordinance becomes effective upon publication in the City's official newspaper. Commissioner Jenson stated he was concerned that local contractors would be cut off by implementing this ordinance. Ms. McPherson stated that unlicensed landscapers could contract with a certified arborist until a staff member could become certified. Commissioner Offerman asked whose responsibility it is to maintain trees in the easement. Mr. Harlicker stated that the City does not own property in an easement, the homeowner does; the City only has the right to use the easement. e Commissioner Jenson stated that he has some concerns regarding city employees crossing onto private land. City Attorney Peter Beck stated that he will review the ordinance with staff for possible legal issues. Commissioner Jenson stated that he is concerned regarding implementation and impacts on local businesses. He felt that there needs to be some method to allow contractors to finish existing contracts and for future bidding so that they can include costs for hiring a certified arborist. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE TREE ORDINANCE, CASE NO. OA 02-07, PENDING LEGAL COUNSEL'S REVIEW OF THE PROPOSED LANGUAGE. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 7-0 Tree Preservation Ordinance Discussion followed regarding the language in the proposed language. Staff provided clarification to the Commission on various items including enforcement, homeowners rights, remedies and the two alternatives presented for allowable tree removal (page 9). Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. e COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE TREE PRESERVATION ORDINANCE USING THE FIRST OPTION FOR DETERMINING ALLOWABLE TREE REMOVAL, CASE NO. OA 02-07. Planning Commission Minutes ~oven1ber26,2002 Page 7 e COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.7. Consider Interim Ordinance Establishing a Moratorium on Land Use Requests - Highway 169 and Main Street (Northeast Corner) Staff report by Michele McPherson. She explained that the City Council tabled the request to rezone the Ron's Foods site from R4 Multiple Family Residential to C3 Highway Business, and directed the Planning Commission and Comprehensive Plan Update Task Force to review this area for possible future zone change and land use amendments. City Attorney Peter Beck explained that the City Council felt it was important to look at the surrounding properties, rather than just the Ron's Foods site as a "stand alone" site. Commissioner Anderson asked if the pending litigation was driving this request from the Council. Mr. Beck stated yes, and that the moratorium is the proper tool to use in determining the best use of this property and then proceeding in a timely manner. Commissioner Anderson asked why the moratorium is limited to this site, if other areas are being looked at. Ms. McPherson explained that there may be other moratoriums established as the Comprehensive Plan Task Force continues to work through the process. Chair Pederson asked how the private homeowner would be affected by the moratorium. Mr. Beck stated that the moratorium does not affect building permits, if a homeowner wished to make any changes to his home. e Peter Beck explained the City Council feels that there have been significant changes in the area relating to transportation, access, and uses that warrant taking a look at this whole area. Commissioner Ropp stated that he felt a moratorium could cause a potential hardship on a homeowner if he were trying to sell his home. Mr. Beck explained that the property would actually be more valuable if it were zoned Multiple Family or Commercial. Commissioner Franz asked if looking at this area would be a priority. Mr. Beck stated that it is at the top of Ms. McPherson's list. COMMISSIONER JENSON MOVED TO RECOMMEND DENIAL OF AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON LAND USE REQUESTS FOR THE NORTHEAST CORNER OF HIGHWAY 169 AND MAIN STREET. CHAIR PEDERSON SECONDED THE MOTION. THE MOTION FAILED 3-4. Commissioners Lemke, Franz, Anderson and Ropp opposed. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON LAND USE REQUEST FOR THE NORTHEAST CORNER OF HIGHWAY 169 AND MAIN STREET. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 4-3. Chair Pederson and Commissioners Jenson and Offerman opposed. 6. Other Business e 6.1. Update on 11/18/02 City Council Meeting Planning Commission Minutes November 26, 2002 Page 8 e Cbmmissioner Franz provided an update on the October 18, 2002 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER JENSON MOVED TO ADJOURN THE MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:51 p.m. Respectfully submitted, IJ~.~ Debbie Huebner Recording Secretary e e