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12-17-2002 PC MIN e e e MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 17,2002 Members Present: Chair Pederson, Commissioners Anderson, Jenson, Lemke, Offerman and Ropp Members Absent: Commissioner Franz Staff Present: Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Debbie Huebner, Recording Secretary 1. Call Meeting To Order 2. 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 Pederson. Consider 12/17/02 Planning Commission Agenda COMMISSIONER]ENSON MOVED TO APPROVE THE DECEMBER 17, 2002 PLANNING COMMISSION AGENDA. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 11/26/02 Planning Commission Minutes COMMISSIONER]ENSON MOVED TO APPROVE THE NOVEMBER 26, 2002, MINUTES. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend January Gty Council Meeting Commissioner Ropp will attend the January 21,2003 GtyCouncil meeting. 5.1. Request by Chris Stokke (Greenscape Landscaping) for an Amendment to a Conditional Use Permit. Public Hearing - Case No. CD 02-33 Staff report by Chris Leeseberg. Christopher Stokke is requesting an amendment to a conditional use permit for a landscape contractor's yard. Mr. Leeseberg explained that the applicant was issued a Conditional Use Permit in April 2001 for a landscaping contractor's yard. Mr. Stokke would now like to build a 60'x80' building and relocate the existing building. Mr. Leeseberg discussed the surrounding land uses and the revised layout and landscaping plan. Staff recommends approval of the request with the six conditions listed in the staff report. Chair Pederson opened the public hearing. Planning Commission Minutes December 17,2002 Page 2 e There being no public comment, Chair Pederson closed the public hearing. Chair Pederson felt that the proposal will help clean up and enhance the area. He noted that a condition of the original approval was that retail sales was not allowed. Chair Pederson stated that he would like to see the driveway width kept to 30 feet. Mr. Leeseberg stated that this issue is addressed in Condition #4 and he felt that the proposed landscaping will help define the driveway. Commissioner Anderson expressed his support for the request and felt that new layout will improve the site. Commissioner Jenson asked if there have been any complaints regarding the business. Mr. Leeseberg stated no. COMMISSIONER]ENSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CHRISTOPHER STOKKE FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT, CASE NO. CU 02-33, WITH THE FOLLOWING CONDITIONS: e 1. THE OUmOOR 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. ALL LANDSCAPING SHALL BE INSTALLED AS INDICATED BY THE PROPOSED LANDSCAPE PLAN. 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 4. THE ENTRANCES SHALL BE NO WIDER THAN 30 FEET. 5. NO RETAIL SALES ARE ALLOWED. 6. THE BUILDINGS SHALL COMPLY WITH ALL APPLICABLE CODES (BUILDING AND FIRE) COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.2. Request by Cascade Land Company. LLC to Amend the Urban Service Area Map of the Go/'s Comprehensive Plan. Public Hearing - Case No. LU 01-06 Staff report by Scott Harlicker. Cascade Land Company, LLC request an amendment to the Comprehensive Plan to include approximately 6 acres in the Urban Service District. Mr. Harlicker provide background information and reviewed the existing site conditions. He stated that staff is concerned how the change would impact surrounding land uses and the future long range development of the area. Mr. Harlicker reviewed three options for the Commission to consider and the impacts of each option. Commissioner Jenson asked if the site currently has water and sewer. Mr. Harlicker explained that the service is stubbed to the property but not hooked up and that the property must be rezoned to allow the hook up. Chair Pederson opened the public hearing. e Planning Commission Minutes December 17,2002 Page 3 e Jim Brown, Cascade Land Co., applicant, explained that the well on the property no longer functioned due to dewatering for the nearby construction. He stated that permits were obtained but they were later informed that the site could not be hooked up since it was not in the urban service district. He stated that he is willing to wait on the rezoning until work is completed on the Comprehensive Plan, but that they need to provide water to the site in the interim. Commissioner Ropp asked if anyone was living on the property now. Mr. Brown stated no, but that would like to rent it out if services are provided. Ijaz Osman, 10616 17Sth Avenue, stated that he was concerned about the impact on future development if the amendment were approved. Mr. Brown stated that he is willing to wait until the update on the Comprehensive Plan is completed next summer. However, he stated that he would like to get water to the property before winter. Mr. Harlicker read a letter from the Meisinbach's, expressing their opposition to the proposed amendment. Commissioner Jenson asked if there is any way to allow the property to be hooked up to city services without including it in the urban service area. Mr. Harlicker stated that he asked Finance Director Lori Johnson this question and she stated that the property needs to be assessed if it is receiving services, and would have to be in the urban service area. e Commissioner Ropp asked how the well became unusable and if a new well and septic system could be installed. Mr. Brown explained that they were told by the contractor that the well would go dry from the de-watering that was necessary for the construction on Twin Lakes Road. He stated that they were not aware that the property needed to be in the urban service area to be hooked up to services. Mr. Brown explained that they received a monetary settlement on the well. He stated that it may be possible to drill a new well and install a drain field. Mr. Harlicker noted that the monetary settlement was for damages to the tub, water pipes, etc. and did not provide compensation for drilling a new well. Commissioner Offerman asked it the settlement was paid to the applicant. Mr. Brown stated no, that it was paid to the previous owner. Commissioner Offerman asked how the property could be subdivided if a portion of the property were included in the urban service area. Mr. Harlicker explained that the property would need to be subdivided through the Administrative Subdivision process and that a rezoning and land use amendment would be required, as well. Commissioner Offerman asked what the minimum lot size is for the property currently. Mr. Harlicker stated that the minimum lot size for Rla is 2 'h acres. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Lemke asked Mr. Brown to explain his request. Mr. Brown stated that he would ask that they be allowed to hook up the property to city sewer and water and leave the parcel intact until the Comprehensive Plan review is complete. e Chair Pederson stated that he recalled when this request was previously discussed in 2001, the Commission felt that this area should remain outside of the urban service area. It was also determined that it is more cost-effective to bring larger areas into the urban service Planning Commission Minutes December 17, 2002 Page 4 e district, rather than by piece-meal. He felt that this issue will be addressed when the Comprehensive Plan review is complete. Commissioner Ropp stated he did not feel there was a compelling reason to make an exception for this property. Commissioner Anderson stated that he also was not in favor of making a change at this time and that it did not make sense to split up the property. COMMISSIONER ANDERSON MOVED TO RECOMMEND DENIAL OF THE REQUEST BY CASCADE LAND COMPANY, LLC TO INCLUDE APPROXIMATELY 6 ACRES IN THE URBAN SERVICE DISTRICT, CASE NO. LU 01-06, BASED ON THE FOLLOWING FINDINGS: 1. THE PROPERTY IS LOCATED OUTSIDE THE URBAN SERVICE AREA IN THE EXISTING COMPREHENSIVE PLAN. 2. OPPOSITION OF SURROUNDING PROPERTY OWNERS. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Other Business 6.1. Update on 12/16/02 City Council Meeting e Commissioner Jenson provided an update on the December 16, 2002 City Council meetmg. 7. Adiournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 7: 17 p.m. Respectfully submitted, LJ~~ Debbie Huebner Recording Secretary e