Loading...
02-25-1997 PC MIN . . . jfmIDlWe~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 25,1997 Members Present: Chair Anderson, Commissioners Cote, Kuester, Mesich, Minton, Sullivan and Thompson Members Absent: None Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Terry Maurer, City Engineer; Peter Beck, City Attorney; Debbie Kleckner, Recording Secretary 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 Anderson. COMMISSIONER THOMPSON MOVED TO APPROVE THE FEBRUARY 25, 1996 PLANNING COMMISSION AGENDA. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER THOMPSON MOVED TO APPROVE THE JANUARY 28, 1997 PLANNING COMMISSION MINUTES. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Thompson will attend the March 17, 1997 City Council meeting. Commissioner Cote will attend the March 3, 1997 City Council meeting. Cynthia Sanborn is requesting a conditional use permit in order to add therapeutic massage to her hair salon business, Salina-A-Salon, located in Elk Park Center. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. Planning Commission Minutes February 25, 1997 Page 2 . COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY CYNTHIA SANBORN FOR A CONDITIONAL USE PERMIT FOR THERAPEUTIC MASSAGE, PUBLIC HEARING CASE NO. CU 97-3. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Steve Ach. Good Value Homes is requesting to subdivide approximately 38 acres located on the northwest corner of Proctor and 193rd A venue into 79 single family lots. The Planning Commission reviewed this plat on November 26, 1996, and postponed action until a number of significant issues could be addressed. Steve indicated the plat has not changed since their review. Status of 193rd Avenue - The City Council reviewed this issue in January. At that meeting, the Council considered the merits of a trail corridor in this location but no action was taken. The Council felt the overall transportation plan for this area needs to be further reviewed before making a decision. Staff supports the long term plan of Proctor carrying traffic down to County Road No.1, and eliminating cut-through traffic by closing 193rd as a through-street. Staff also supports the Park & Recreation recommendation for a pedestrian corridor connection from Proctor and Highland over to the main trail (former railroad bed). . Steve Ach noted staff has inspected the Carton property south of 193rd and estimates there is possibly a 3/4 acre building site. In 1989 a resolution was passed by the Council waiving all assessments, based on the request of the property owner that the property was un buildable. Staff feels the property may wish to consider the feasibility of providing services to the lot in order for it to be considered buildable. Sidewalk alono Proctor Avenue - Steve explained that Proctor is a "rural section", and a sidewalk would not be likely unless Proctor was improved to "urban section" standards at some point in the future. Storm Drainaqe - Terry Maurer stated he has not received formal storm drainage calcuations. In response to letters from the property owner to the south of 193rd Ave. and the owner south of County Road No.1, storm drainage calculations will be reviewed as the project proceeds for quality and quantity. Since the city does not have criteria for rate and volume control, each area is reviewed individually. In this case, if there is problem downstream, the developer would be required to maintain the same rate of run-off as currently exists. Terry will meet individually with the landowner south of 193rd to review drainage information when it is available. Chair Anderson opened the public hearing. . Lyle Talbot, 19771 Robinson Street, Dayton, MN, 55327, indicated he owns property bounded by County Road 1 and 193rd Avenue, southwest of the proposed plat. He questioned where access to his property would be if 193rd were closed. Mr. Talbot noted his property is divided by a wetland. Planning Commission Minutes February 25, 1997 Page 3 . Lois Carton, 19231 Proctor Road, indicated she owns property south of the proposed development. She stated Sherburne County has told her they would deny access to her property off of County Road NO.1. She explained that in 1989 the city made a determination that her property was unbuildable and deferred the assessments on the property. It was her understanding she would not be required to pay the assessments unless the property were developed. Mrs. Carton stated the information she has received from the Soil & Water Conservation District and the Minnesota Pollution Control Agency indicates the natural drainage flow will be disrupted by the proposed development. She felt the drainage from the site will be directly diverted to her property through sediment ponds. Mrs. Carton was concerned the wetlands on her property would become larger and also increase the potential for pollution. Derrick Passe, of Passe Engineering, 9445 East River Road, was present to represent Good Value Homes. Mr. Passe indicated the proposed plat meets the city standards for lots depths. The elimination of Lot 24 would cause a loss of 2 acres. Commissioner Mesich questioned if Lot 24 contained standing water in the upland wetland area. Mr. Passe indicated there are cattails and grass. Commissioner Mesich expressed concern a potential landowner would not have access to that portion of the property in order to maintain it. . In response to Commissioner Minton's questions, Steve Ach indicated the access to Mr. Talbot's property could be accessed by 193rd by creating a cul-de-sac on the west end, and still accomplish a pedestrian corridor. There may be opportunities for access to Mrs. Carton's property from the west. Commissioner Minton asked that Mrs. Carton's letter to the Planning Commissioners be included in the city's official record. Terry Maurer indicated he has reviewed a concept plan for drainage which shows some sedimentation ponds and other work, but could not make a determination at this time if the proposal is adequate. He added that it is not unusual for detailed drainage plans to be submitted after the preliminary plat is approved and before the final plat is submitted, due to the developer's cost to have the plans prepared. Discussion followed regarding lot depths, the status of Rush Street, and the preservation of trees. Steve Ach and Terry Maurer concurred there would not be any trees left in the northern area of the plat due to the extensive grading that would need to be done. Mr. Passe felt there would be a significant area in the northwest corner in the plat, an area adjacent to Rush Street and an area next to Lafayette Woods where there will be some trees left. . Mr. Passe indicated there will be a ponding area in the previously proposed park area, and depending on the status of 193rd, they are proposing some ponding in that area. Mr. Passe indicated state statutes do allow some rate control of the large wetland by restricting the outflow of the culvert from the site, and some ponding in the wetland area, as well. Mr. Passe indicated they would not be increasing the area of the wetland, but would increase its elevation. Mr. Passe stated the wetland delineation has been submitted. Planning Commission Minutes February 25, 1997 Page 4 . There being no further comments from the public, Chair Anderson closed the public hearing. Commissioner Cote indicated he was received phone calls from Mrs. Carton, as well as Mr. Jim Nystrom. Mr. Nystrom asked him to relay his concerns for the vast number of trees which would be destroyed, the affect on drainage and wetlands. Discussion followed regarding the status of 193rd. Terry Maurer indicated the intent is not to close 193rd Avenue completely, but to change the design. In response to Commissioner Mesich's question regarding recent improvements to the road, Terry explained the street department originally put down a type of recycled material as a test. The road became potholed and due to the hardness of the material, they were unable to continue patching the road. Last summer, the entire surface was covered with a layer of bituminous. . Commissioner Minton expressed his support for denial of the applicant's request, due to the design which would require the removal of a larger number of trees in the northern portion of the plat. Commissioners Cote and Sullivan expressed their agreement with Commissioner Minton. Chair Anderson stated he concurred with the other commissioners and also had concerns regarding drainage. Commissioners Thompson and Mesich expressed their agreement, as well. Commissioner Kuester expressed her support for denial and felt this area needs larger lots to preserve the topography as much as possible. CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REQUEST BY GOOD VALUE HOMES FOR PRELIMINARY PLAT APPROVAL (CHERRYWOOD HILLS), PUBLIC HEARING CASE NO. P 96-13, BASED ON THE FOLLOWING FINDINGS: 1. THE PROPOSED PLAT DOES NOT TAKE INTO CONSIDERATION THE PHYSICAL CHARACTERISTICS OF THE SITE SUCH AS TOPOGRAPHY AND VEGETATION AND INCORPORATE THESE INTO THE DESIGN. 2. THE PROPOSED PLAT HAS A STORM DRAINAGE SYSTEM CONSISTING OF SOME SEDIMENTATION PONDS THAT WILL INFRINGE UPON REAR YARDS OF SOME LOTS MAKING THEM UNACCEPTABLE. 3. THE PROPOSED PLAT WILL CAUSE A SIGNIFICANT AMOUNT OF TREE REMOVAL LEADING TO POSSIBLE EROSION AND INCREASED RUN-OFF CONCERNS. 4. THE PLAT WILL BE INCONSISTENT WITH DEVELOPMENTS IMMEDIATELY TO THE NORTH AND EXTENDING TO THE WEST AND MAY HAVE AN ADVERSE IMPACT ON THE ULTIMATE DEVELOPMENT OF THOSE PROJECTS. 5. THE SUBDIVISION INCLUDES LOTS WHICH HAVE AN INADEQUATE LOT DEPTH ACCORDING TO TYPICAL DESIGN STANDARDS FOR 10,000 SQUARE FOOT LOTS. . 6. STORM DRAINAGE CALCULATIONS NEED TO BE SUBMITTED IN ORDER TO REVIEW THE PLAT. . . . Planning Commission Minutes February 25, 1997 Page 5 COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Scott Harlicker. Good Value Homes is requesting preliminary plat approval to subdivide approximately 40 acres into 14 residential lots. The subject property is located at 198th Avenue alignment and Pascal Street. Scott reviewed information in the staff report regarding lot sizes, surrounding land uses, wetlands, county ditches, streets and grading and drainage. Scott noted easements will be required for the county drainage ditches. The house pad and septic system locations will be affected by the ditches on Lots 1, 2 and 5 and more information is needed. Scott indicated the placement of the road may also be affected by the county ditches. Scott pointed out road connections which may be possible in the future. Commissioner Kuester questioned which road connections may actually be possible. Scott indicated the Queen Street connection would be most likely to occur. The Commissioners expressed concern that the road through the plat could remain a long cul-de-sac for many years. There was also concern the cul- de-sac alignment with Pascal, as it appears there is a large wetland to the west. Derrick Passe, of Passe Engineering, indicated he had just received information from the County Ditch Inspector today. He felt it would be possible to reroute the drainage ditch so that it would not affect the house pad and septic system locations. Mr. Passe also discussed realignment of the proposed roadway. Chair Anderson opened the public hearing. Dewy Arnold, 19969 Pascal Street, asked if the developer would be required to pay for the extension of Pascal. Terry Maurer indicated that the developer would be required to extend the road to city standards and would be taken over and maintained by the city. Mr. Arnold also expressed concern his property may be affected by drainage from the site. Bob Fritz, 19370 County Road 30, Maple Grove, 55311, stated he was the owner of the property. He explained that when M-Vale was developed, he requested the city extend the road to his property at that time and his request was denied. Shirley Arnold, 19969 Pascal Street, expressed her concern for the long cul-de-sac and felt the lot sizes were too small in comparison to the surrounding properties. Dan Steffens, 13813 196th Avenue, asked if the county ditch would be maintained. Scott explained the ditch inspectors report indicated the new owner of the property would be responsible for maintaining the ditch. Todd Mixer, 19784 Pascal Street, expressed his concern that his access on Pascal not be disrupted. Mr. Mixer felt it would difficult to make a road connection to Queen Street in the future. Planning Commission Minutes February 25, 1997 Page 6 . There being no further comments from the public, Chair Anderson closed the public hearing. Terry Maurer indicated he has asked the developer to provide information regarding reconfiguration of the intersection of the access to the plat with Pascal Street, and whether or not the southern cul-de-sac is in a logical location to make a road connection in the future. He has not received this information to date. Terry felt if the road on the north were moved slightly to the south, there would be less impact on the wetlands. Terry added the drainage design will need to show the existing drainage will not be adversely affected. Terry Maurer indicated the soil boring report shows good soils for normal septic systems, and as long as the septic system is located away from the ditch, there should be no need for a mound system. In response to Commissioner Kuester's question, Scott explained the location of the ditch as shown on the map from the county ditch inspector. The actual location of the ditch roughly corresponds with the drainage easement shown on the plat. According to the map, the water should flow from the northeastern portion of the plat to the southwest. The upper ditch shown on the plat runs across the northerly portion of the plat and over to the M-Vale subdivision. . Commissioner Cote expressed his concern relocating ditches is not easy to do and feels the ditches may pose a significant impact on some of the lots within the plat. Terry Maurer explained the city now obtains easements for new plats where county ditches exist, since the city may be taking over the county ditches at some point in the future. COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY GOOD VALUE HOMES FOR PRELIMINARY PLAT APPROVAL (OAKWOOD HILLS), PUBLIC HEARING CASE NO. P 97-1, UNTIL THE MARCH 25, 1997 PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. The developer was asked to provide further information on the following issues: -Possible extension of Pascal Street and proposed cul-de-sac -County ditch issues -Hobbit Hills area easements -Revised house pads/septic locations -Drainage calculations -Wetlands throughout the plat The Planning Commission recessed at 8: 15 p.m. The Planning Commission reconvened at 8:20 p.m. . Planning Commission Minutes February 25, 1997 Page 7 . Staff report by Steve Ach. Applebee's Neighborhood Grill & Bar is requesting a conditional use permit to operate a 4,759 square foot Class I restaurant and an on-sale liquor establishment. Applebee's proposes to locate their facility on Lot 3, Block 1, Heying Addition (northeast corner of Freeport Avenue and School Street). The table dining area will have a total of 156 seats and the bar/seating area will have a total of 18 chairs surrounding a centrally located bar area. Steve reviewed hours of operation, parking, traffic circulation, building elevations, floor plan and signage. Commissioner Sullivan questioned where the overstory trees would be relocated. Steve explained the applicant has the option of either providing a greater quantity or upgrading the quality of the trees to offset the number of trees. He felt there was an opportunity to locate overstory trees along Freeport without disrupting any of the traffic sight lines. Commissioner Mesich asked in the pond shown on Lot 2 would be constructed along with the development of the Applebee's restaurant. Steve indicated it is likely that all the grading for the plat would be done at one time and constructing the entire storm drainage system, as well. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. . Commissioner Sullivan felt it was important to place "no parking" signs along Freeport. Commissioner Kuester asked if the pond would be fenced. John Bogart of Oliver and Associates, indicated fencing would not be necessary due to the slope design. Commissioner Mesich asked the developer how the proposed Applebee's Restaurant compared in size to other Applebee's in the metro area. Gary Fisher, representative of Applebee's, indicated this Applebee's Restaurant will be approximately 300 sq. ft. smaller than others that have recently been built, but contains the same amount of seating. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF APPLEBEE'S REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A CLASS I RESTAURANT AND ON-SALE LIQUOR ESTABLISHMENT, WITH THE FOLLOWING CONDITIONS: 1. ALL OF THE COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED FEBRUARY 19, 1997 BE INCORPORATED INTO THE REVISED SET OF PLANS FOR APPROVAL. 2. THE PROPOSED RETAINING WALL ALONG THE EAST SIDE OF THE PARKING LOT BE CONSTRUCTED OF A KEYSTONE OR SIMILAR MASONRY BLOCK. A DETAIL OF THIS RETAINING WALL SHOULD BE PROVIDED ALONG WITH THE FINAL SET OF PLANS. . . . . Planning Commission Minutes February 25, 1997 Page 8 3. THE LARGER OVERSTORY TREES AND CONIFERS THAT ARE PROPOSED WITHIN THE 30 FOOT EASEMENT ALONG THE EAST SIDE OF THE PROPERTY SHOULD BE RELOCATED SOMEWHERE ELSE ON SITE. 4. IT IS RECOMMENDED THAT THREE OF THE OVERSTORY TREES ALONG THE EAST SIDE COULD BE RELOCATED ALONG THE FREEPORT AVENUE SIDE OF THE SITE. 5. NO PARKING LOT LIGHTING SHOULD OCCUR WITHIN THE 30 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE EAST SIDE OF THE PROPERTY. LIGHTING WITHIN THIS AREA WILL NOT ONLY BE WITHIN THE DRAINAGE EASEMENT, BUT ALSO TOO CLOSE TO THE OVERHEAD POWERLlNES ALONG HIGHWAY 169. 6. THE FINAL SET OF PLANS WILL NEED TO SHOW THE CONSTRUCTION LIMITS ALONG THE NORTH SIDE OF THE PROPERTY. THIS MAY HAVE TO INCLUDE EXPANDING THE PARKING LOT SLIGHTLY ONTO LOT 4, BLOCK 1 TO AVOID ANY EROSION WHICH MAY TAKE PLACE BETWEEN THE TIME THAT APPLEBEE'S RESTAURANT IS COMPLETED AND THE ULTIMATE DEVELOPMENT OF THE FINAL LOT TO THE NORTH. 7. ALL LANDSCAPE MATERIAL MUST MEET THE MINIMUM SIZE REQUIREMENTS AS SET FORTH IN THE ZONING ORDINANCE. 8. A MONUMENT STYLE SIGN WITH A MAXIMUM HEIGHT OF TEN FEET AND SIGN AREA OF 100 SQUARE FEET BE ALLOWED. 9. NO PARKING SIGNS SHALL BE INSTALLED ALONG FREEPORT. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Steve Ach. Pinnacle Foods, L.P. is requesting a conditional use permit for site plan review to expand the Perkins Family Restaurant and Bakery, . Perkins is located within the Elk River Retail Center Planned Unit Development, at the northeast corner of Elk Hills Drive and Highway 169. The addition will provide an additional 48 seats, bringing the total to 192 seats. In addition, Pinnacle Foods, L.P. requests installing a 70 foot high flagpole to replace their existing 35 foot high flag. Mr. Smith of Perkins is also requesting approval to construct an additional parking area, if a parking problem arises in the future. Chair Anderson opened the public hearing. Arlon Fuchs, 266 Elk Hills Drive, indicated he did not object to the proposed expansion of the Perkins Restaurant, but requested the Planning Commission deny the request for the 70 foot high flagpole. He felt 70 feet is too high and felt the flapping of the buckles could become a problem. Dan Smith, owner of the Perkins Restaurant at 18833 Dodge Street, explained he has received hundreds of comments and questions from customers as to why they have such a small flag at the Elk River location. Mr. Smith provided pictures Planning Commission Minutes February 25, 1997 Page 9 . of other structures which were approved by the city that are much higher than the requested 70 ft. flagpole, such as communication towers. Mr. Smith provided information from a Florida federal court case which granted a car dealership to display 23 flags. Chair Anderson asked City Attorney Peter Beck whether or not the city would be violating the restaurant owner's rights for freedom of speech in denying the request. The City Attorney stated the Planning Commission is not denying the display of a flag; rather, restricting the height. Chair Anderson closed the public hearing. CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMENDED DENIAL THE REQUEST BY PINNACLE FOODS, L.P. FOR A 70 FOOT HIGH FLAGPOLE TO REPLACE THE EXISTING 35 FOOT HIGH FLAGPOLE. COMMISSIONER MINTON SECONDED THE MOTION. Commissioner Mesich indicated he felt that in accepting a Perkins Restaurant in the city, the city should accept their request for a large flag, since it is a well- known tradition of the Perkins Restaurants. He did not feel the city's ordinance addresses flags as signage. Also, the neighbors were notified of the request and only one resident has expressed an objection. Commissioner Sullivan expressed her agreement with Commissioner Mesich. THE MOTION CARRIED 4-3. . CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PINNACLE FOODS, L.P. FOR A CONDITIONAL USE PERMIT TO EXPAND THE PERKINS FAMILY RESTAURANT AND BAKERY. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Steve Ach. Derrick Investment is requesting an amendment to the planned unit development for the Cottages of Elk River, eliminating the residency requirement of the project's intent to be a housing development for active adults 55 and older. Roger Derrick, developer of the project, stated market research of their recent other developments in Eagan, Rochester and Albert Lee has indicated the need to open residency of the town home project to all ages. Mr. Derrick explained the research firm has suggested either eliminating the age restriction or, eliminate the clubhouse. When surveying potential buyers, the majority favored eliminating the 55 years and older restriction and keeping the clubhouse. Mr. Derrick stated if the age restriction were removed, he could not legally turn away people with children. He noted the development would not cater to families and there would be no play area. Mr. Derrick also felt the parking issue could be addressed. Chair Anderson opened the public hearing. . Ellie Kretsch, 11865 193rd Avenue, expressed her disappointment with Mr. Derrick, stating the residents had worked hard with him to resolve issues which were based on the fact the development would be for residents 55 years and older. Planning Commission Minutes February 25, 1997 Page 10 . Ms. Kretsch felt Mr. Derrick should have done his research before the development was presented to the city. Judith Gesch, 12255 191st Avenue, stated she was very disappointed with Mr. Derrick's decision to eliminate the residency requirement. She expressed concerns regarding, parking, density, and garbage pickup. Ms. Gesch explained she has had bad experiences where mixed ages are allowed in the proposed type of housing development. Donna Loudin, 11837 193rd Avenue, indicated her concern that Mr. Derrick was attempting to change the residency requirement, since the fact that the development would be for senior was the factor that finally "sold" the neighborhood on the project. She stated if the project had originally been proposed for open residency, she would have opposed it and supported single family residential instead. She urged the Planning Commission to deny the request. . Gerry Loudin, 11837 193rd Avenue, stated he strongly urged the Planning Commission to reject Mr. Derrick's request. He felt traffic and density issues were taken into consideration based on the "55 years and older" ,and these issues would be viewed entirely different if the development were open to all ages. Mr. Derrick explained he would like to eliminate the residency restriction in order to market to a wider range of potential buyers. He noted his target is to sell all of the units within 3 years. Mr. Derrick explained he is making this request now to avoid the possibility of having to make the request later, if the units are not selling. . There being no other public comments, Chair Anderson closed the public hearing. Members of the Planning Commission discussed issues related to access, parking, density, and traffic. It was the consensus of the Planning Commissioners to deny the request, and, that the project would need to be reconsidered as any other townhouse project, since the approval was given based upon the "55 years and older" concept. Discussion was given to postponing the request until the next Planning Commission in order to give Mr. Derrick time to address the Planning Commission's concerns, or, to deny the request and pass it on to the City Council. Mr. Derrick requested the Planning Commission to make their recommendation at this time and forward their request to the City Council for consideration. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REQUEST BY DERRICK INVESTMENT TO AMEND THE PUD AGREEMENT FOR THE COTTAGES OF ELK RIVER, PUBLIC HEARING CASE NO. CU 96-19, BASED ON TESTIMONY RECEIVED DURING THE PUBIC HEARING AND THE FACT THE APPROVED SITE PLAN IS BASED ON 55 YEARS AND OLDER. IF THE RESIDENCY WERE TO CHANGE, A COMPLETE REVIEW SHOULD BE DONE. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. Mr. Derrick was advised to address the issues raised by the Planning Commission before the upcoming City Council meeting, regarding traffic, access, parking and curb and gutter. . . . . Planning Commission Minutes February 25, 1997 Page 11 Staff report by Steve Ach. The City of Elk River is requesting to amend the city's zoning code regarding review of variances. Steve explained that during the Planning Commission and City Council joint meeting, the consensus was to establish the Planning Commission as the Board of Adjustments, and all denials would automatically be forwarded to the City Council for appeal. Peter Beck indicated additional language could be added to the draft ordinance which was previously presented to the City Council for review at their March 17th meeting. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT DESIGNATION THE PLANNING COMMISSION AS THE BOARD OF ADJUSTMENT, PUBLIC HEARING CASE NO. OA 96-14, WITH THE PROVISION THAT ALL DENIALS BE AUTOMATICALLY REFERRED TO THE CITY COUNCIL. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Mesich requested staff check with the city's insurance to check on the Planning Commission's liability. The City Attorney did not feel there would be any change in liability since denials would be appealed to the City Council. Commissioner Mesich expressed concern that commercial kennels are an inappropriate use in the 1-1 and 1-2 zoning districts. Commissioner Kuester indicated that since there are areas in the city where commercial kennels are allowed. She agreed with Commissioner Mesich. Since there is a need for industrial property, it would be inappropriate to allow uses that could be located in another zoning district. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE CITY OF ELK RIVER'S REQUEST FOR ORDINANCE AMENDMENT TO ALLOW COMMERCIAL KENNELS IN THE 1-1 AND 1-2 ZONING DISTRICTS, PUBLIC HEARING CASE NO. OA 97-2, COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. Planning Commission Minutes February 25, 1997 Page 12 . The meeting of the Elk River Planning Commission adjourned at 9:50 p.m. Respectfully submitted, /1 J / i- / ilfJt~. NZa,t!;72~j ..// Debbie Kleckner Recording Secretary . .