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01-23-1996 PC MIN ~fm@WB . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 23, 1996 Members Present: Chair Dillon, Commissioners Anderson, Minton, Kuester, Sullivan and Thompson Members Absent: Commissioner T acheny Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Planning Assistant, Debbie Kleckner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7 p.m. by Chair Dillon. 2~ ..C8Hsider..J8hGdRt..23,....1996..pI8HhiHd...cBmmissi811..AdeHHa.... . The following items were added to the January 23, 1996, Planning Commission Agenda: 6.1. Commissioner Minton Item 6.2. Joint Meeting with Park & Recreation Commission COMMISSIONER THOMPSON MOVED APPROVAL OF THE 1/23/96 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3Jc8Hsider[)@(6emBer19.1995PI8HHiHdcbmmlSSiBhtv1iHlJt@S The following change was noted in the 12/19/95 Planning Commission meeting minutes: Item 5, Page 2 - Commissioner Tacheny will attend the 1/16/96 City Council meeting. COMMISSIONER MINTON MOVED APPROVAL OF THE 12/19/96 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4~ Pl<:ihhtHdcbmmi$sibHRe!6tesehtdtivg..tb..8HeHd..2/20196CI1V'..CbOHcil..Meeflhd.......... Commissioner Sullivan will attend the February 20, 1996, City Council meeting. . Planning Commission Minutes January 23, 1996 Page 2 . Staff report by Scott Harlicker. Mr. Mesich is requesting a conditional use permit for a dog kennel at his future home located at 11401 205th Avenue NW. He currently resides in Lino Lakes. Mr. Mesich has a purchase agreement for the property contingent upon obtaining a conditional use permit and license for the dog kennel. The applicant has raised and shown st. Bernards since 1974. Mr. Mesich currently owns three St. Bernards and 2 house dogs. The Lino Lakes Police Department was contacted and they indicated there have not been any complaints filed about barking dogs or dogs running loose. Scott noted the several hundred feet between the proposed kennels and neighboring residences would serve as a buffer. He explained that in order to limit the possibility of this becoming a commercial kennel in the future, a condition should be included that limits the number of animals kept on site at one time. Staff recommends approval of the conditional use permit based on the conditions stated in the report to the Planning Commission on this item. Commissioner Minton questioned whether Mr. Mesich intended to board other dogs. Mr. Mesich stated he would not be boarding any other dogs. Chair Minton asked why a conditional use permit is needed for a private kennel. Steve Ach explained that the ordinance makes no clear distinction between commercial and private kennels. He stated the Planning Commission could expect an ordinance amendment to address this issue some time in the near future. . Commissioner Kuester questioned what permit fees are charged for the conditional use permit and license. Steve stated the conditional use permit has a one-time fee of $125 and the license fee is $75 and must be renewed annually. Commissioner Thompson questioned whether Mr. Mesich intended to breed the dogs. Mr. Mesich stated they may breed the dogs but that the puppies would be sold before they were six months of age which would be in compliance with the City's ordinance. Chair Dillon opened the public hearing. Gail Gilbert, 11363 205th Avenue NW, expressed concern that there would not be adequate screening of the kennels from her property and would affect the salability of her property. There being no other comments, Chair Dillon closed the public hearing. . Commissioner Minton asked if the enclosure was attached to the garage or the other out building on the property. Mr. Mesich stated that the kennel would be attached to the garage and the dogs would be able to access an area in the garage in extreme weather. Commissioner Minton stated he supported a condition which would prohibit a commercial kennel. Steve Ach stated the ordinance does not define a commercial kennel. It was suggested that a condition be placed on the permit to prohibit boarding dogs other than those owned by the Mesich's. Planning Commission Minutes January 23, 1996 Page 3 . Discussion took place regarding possible screening of the kennel area from the neighbors. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY TOM MESICH FOR A DOG KENNEL WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL COMPLY WITH SECTION 506.36 AND SECTION 502.38 OF THE ELK RIVER CITY ORDINANCE WHICH REGULATE KENNEL PERMITS AND KENNEL CONDITIONS. 2. NOT TO ALLOW OUTSIDE BOARDING OF DOGS OUTSIDE OF THOSE OWNED BY THE OWNER OF THE HOME. 3. THE KENNEL BE SCREENED USING SOME TYPE OF VEGETATIVE SCREENING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Ach introduced Mr. Steve Johnson, representing the developers of the Oak Creek Estates project. . Steve Johnston explained that the purpose of his presentation is to obtain feedback from the Planning Commissioners. He stated there are two issues that need to be addressed before requesting preliminary plat approval: (1) access off County Road No.1, and (2) DNR comments regarding a wetland. The plat consists of 41 single family residential lots located at County Road 1 and County Road 44. An existing home will be located on one of the lots. Three lots would rely on the Nord property for access. The project will be served by city water and sewer. The applicants are proposing a temporary access onto County Road No.1. The DNR has requested a road in the plat be relocated in order to avoid a creek. Relocation of the road may result in a setback variance request. The grading plan is proposed to follow the tree line. Steve Ach noted Tim Edgeton from the Sherburne County Tree Board has inspected the site and reported back that there is some oak wilt on the site. However, there are quite a few nice existing oaks and other hardwoods on the property. Steve explained there are varying lots sizes ranging from close to the 10,000 square foot minimum up to 15,000-17,000 square feet, which meets the standards for the R1 C zoning district. . Commissioner Minton questioned how long the temporary access would be used. Mr. Johnson stated it would be needed until the adjacent property is developed and connections could be made. Mr. Johnson stated that they are still negotiating with adjacent property owners to buy property or obtain access . Steve explained that Sherburne County is planning to realign the County Road 44 intersection perpendicular to County Road 1. Terry Maurer felt it was not necessary to require curb and gutter for the temporary access, but he would expect it to be built to the normal city standards for width and section. Terry Planning Commission Minutes January 23, 1996 Page 4 . noted that Mr. Nord has approximately 5-6 years remaining on a deferral for assessments. Also the Nord family controls the property north, south, and east of the proposed development, as well as west across County Road 1. Terry felt the city could expect some orderly development in the future when Mr. Nord either sells his property or develops it himself. At that point, a permanent access to the Oak Creek Estates plat could be made at the County Road 1 and 44 intersection. Commissioner Kuester asked how the proposed roads shown on the sketch for adjacent properties were determined. Terry Maurer stated that when the City acquired an easement through the Nord property for the trunk sanitary sewer, a "ghost" plat was laid out to show the easement would not prevent orderly development in the future. The access points shown on the ghost plat follow the topography of the land. The only concern Terry had is with the three lots on the north end of the plat that rely on a cul-de-sac being brought in a certain way on Nord property to the south, since there is nothing that says Mr. Nord has to develop his property that way. He stated the developers were informed that if an agreement could not be made with Mr. Nord for access to those lots in the future, the City would oppose the location of the three lots. Commissioner Minton advised the developer that the Planning Commission has a reputation for being very fussy about trees and would like to see a good tree saving plan. Also, Minton noted that well documented justification would be needed for a variance. . This item will be presented to the Planning Commission at the regular meeting on February 27, 1996. ....... -- ---..-----------..........................................."'...""".".............".""---.----.......".""",."............. 5i3.PI"€dimiI10wpkHREk:WesfbVbdHBomol"l,pGbIiCl-ledril1dCaseNd.P9tPt Staff report by Steve Ach. Dan Boman has requested preliminary plat approval to subdivide 110 acres into 11 single family lots. The property is located west of Jarvis Street (County Road 24), north of the 215th Avenue alignment and south of the 217th Avenue alignment. The site is within in the A-1 (Agricultural) zoning district which has a minimum lot size of 10 acres or a density of 4 per 40. The lots vary in size from 17 acres to 2-1/2 acres and meet the city's requirements for size, upland house pad location, as well as two possible locations for both septic and well. In order to gain access to the developable portion of the parcel, approximately 1.7 acres of wetland will need to be filled and replaced with 3.4 acres of wetland. The developer has requested that the width of the cul-de- sac shown on the plat be reduced from 32 feet to 28 feet. Steve noted that Anoka County will be sending a letter next week regarding additional right-of- way for future widening of Jarvis Street which is an Anoka County Road, as well as possible restricted access on Jarvis. This information will be passed on to the City Council when they review the plat at their February 26 meeting. Staff recommends approval of the preliminary plat with the 14 conditions as stated in the report to the Planning Commission dated January 23, 1996. . Steve noted that the road proposed in the plat was recommended by staff to provide possible connection points in the future as development occurs. Planning Commission Minutes January 23, 1996 Page 5 . Dan Boman, applicant, explained he is requesting the requirement for the cul- de-sac be reduced to 28 feet because of the additional cost. He felt his development costs are already extremely high to put in a mile of road for only 11 lots. Mr. Boman stated he will be building his home on the 1 7 acre lot in the development. Commissioner Minton stated he was not familiar with the 4 per 40 concept. steve Ach explained that 4 lots per 40 acres is allowed under the City's Zoning Ordinance, with a minimum lot size of 2-1/2 acres. Dan Boman explained some of the problems he encountered in resolving the wetland issues. Chair Dillon opened the public hearing. Cecilia Scheel, 10271 213th Avenue NW, expressed her opinion that it is unfair to require a road built to the property boundary. Commissioner Kuester questioned if a private road could be built to access the property. steve Ach explained problems have occurred as a result of allowing private roads. . Terry Maurer cautioned against allowing the 28 foot cul-de-sac, and the possibility of establishing a policy to allow a narrower road under special circumstances. He explained problems that have occurred in the past when roads are not built to the property lines. steve added that if a road is not completed in a particular development, people may assume they are on a cul- de-sac. Mr. Boman stated that the 28 foot cul-de-sac will save him approximately $2,000. Cecilia Scheel questioned if the Planning Commissioner have done a study of development costs. Chair Dillon stated he was not aware of such a study. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL Of THE REQUEST BY MR. DAN BOMAN fOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 95-9, BASED ON THE INfORMATION IN STAff'S MEMO, PUBLIC INPUT, AND SUBJECT TO THE fOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS Of THE PLAT APPROVAL AND NECESSARY ROAD CONSTRUCTION. THIS DOCUMENT NEEDS TO BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT fOR RECORDING. 2. ADDITIONAL RIGHT-Of-WAY AND OTHER COMMENTS AS REQUESTED BY ANOKA COUNTY BE INCORPORATED AS PART Of THE PLAT. 3. If THE DEVELOPER IS GOING TO SAVE THE TREES ALONG THE NORTH PROPERTY LINE, ADDITIONAL RIGHT-Of-WAY WILL NEED TO BE DEDICATED TO ALLOW THE ROAD TO BE CONSTRUCTED WITHIN THE CENTER Of THE RIGHT-Of-WAY. . Planning Commission Minutes January 23, 1996 . 4. Page 6 THE CITY COUNCIL APPROVED THE WETLAND MITIGATION PLAN AND ALL CONDITIONS OF THAT APPROVAL BE INCORPORATED INTO THE CONDITIONS FOR FINAL PLAT. 5. ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED 1/17/96 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF THIS APPROVAL. 6. DETAILED GRADING PLANS OF EACH OF THE STORM WATER DETENTION BASINS BE PROVIDED FOR THE CITY ENGINEER'S REVIEW AND APPROVAL. 7. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE PUBLIC IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 8. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING THE STREET IMPROVEMENTS FOR A ONE-YEAR PERIOD TO GUARANTEE THE QUALITY OF THE WORK. 9. 10. . 11. 12. 13. 14. A SEAL COATING FEE IN THE AMOUNT DETERMINED BY THE CITY ENGINEER PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING BE PROVIDED. STREET LIGHTS PROVIDED WITHIN THIS PLAT AS REQUESTED BY ELK RIVER UTILITIES. APPROPRIATE PERMITS FROM ANOKA COUNTY BE OBTAINED FOR ACCESS ONTO COUNTY ROAD 24. BEST MANAGEMENT PRACTICES BE USED DURING THE CONSTRUCTION OF THE STREETS. SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $679.80 BE PAID PRIOR TO RECORDING THE PLAT. PARK DEDICATION FEE IN THE AMOUNT OF $6,050.00 BE PROVIDED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Ach. The City of Elk River is requesting that the fairgrounds property be rezoned from R3 (Townhouse/Multiple Family Residential) and R1c (Single Family Residential) to BP (Business Park). The fairgrounds property is located in the northeast corner of the intersection of Joplin and Orono Parkway. The 1990 Focus Area Study identified this area as part of a larger area for the possible location of a business park. The business park is proposed for development of light manufacturing, office and limited commercial land uses. On January 19, 1994, the Council adopted a Business Park Zoning Ordinance to set forth the allowable uses and development standards. The revised Comprehensive Land Use Plan adopted on December 18, 1995, included a land . Planning Commission Minutes January 23, 1996 Page 7 . use change for the County Fairgounds property to a L-I (Light Industrial) and OS (Open Space) designation. State Statutes exempt lands and buildings owned by a county and used for agricultural fair purposes from zoning, building, and other ordinances of a municipality. Steve noted there are no plans to relocate the fairgrounds or develop the property at this time. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER'S REQUEST TO REZONE THE FAIRGROUNDS PROPERTY FROM R3 (TOWNHOUSE/MULTIPLE FAMILY RESIDENTIAL) AND R1C (SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK), PUBLIC HEARING CASE NO. ZC 95-2, BASED ON THE FOLLOWING CONDITIONS: 1. THE BP (BUSINESS PARK) ZONING DESIGNATION AND LI (LIGHT INDUSTRIAL) LAND USE DESIGNATION WILL IMPLEMENT THE CONCEPT OF A BUSINESS PARK AS DISCUSSED IN THE 1990 FOCUS AREA STUDY AND ADOPTED BY THE CITY COUNCIL IN SEPTEMBER OF 1990. 2. THE REZONING TO BP (BUSINESS PARK) WILL PROVIDE FOR CONTINUITY IN THE ZONING MAP AS WELL AS PROVIDE COMPATIBLE DEVELOPMENT UNDER THE BP (BUSINESS PARK) ZONING STANDARDS WITH THE ADJACENT LAND USES. 3. INCREASED DEVELOPMENT INTEREST IN THE WESTERN PART OF THE CITY CONSTITUTES A CHANGE OF CIRCUMSTANCES AND CONDITIONS REQUIRING THAT PROPERTIES IN THIS AREA OF THE CITY BE REZONED TO THE APPROPRIATE ZONING DISTRICTS SO THAT DEVELOPMENT WILL BE COMPATIBLE WITH SURROUNDING DEVELOPMENT. . 4. THE REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE DESIGNATION OF LI (LIGHT INDUSTRIAL). COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Ach. The City of Elk River is requesting a rezoning of approximately 1 acres from R1 c (Single Family Residential) to C3 (Highway Commercial). The property is located at the northwest corner of Highway 169 and 193rd Avenue. Steve explained that the City Council approved a land use change to MR for the subject site, as well as property on the east side of Highway 169. Commissioner Minton questioned how the buffer of trees could be protected. Steve indicated that the ordinance requires a 25 foot setback from the property line when commercial is located adjacent to residential. He stated the best place to address preservation of the trees would be during the plat review. . Chair Dillon opened the public hearing. Planning Commission Minutes January 23, 1996 Page 8 . Dale Elliott, 626 8th Street, secretary/treasurer for the Sf. Andrew's Catholic Cemetery, expressed concern for the litter that is generated from some types of businesses such as fast food or convenience store. Harold Gramstad, 19342 King Circle, expressed his opposition to the commercial zoning and would like it to remain residential. There being no other comments from the public, Chair Dillon closed the public hearing. Commissioner Kuester suggested that the City plant an additional tree line next to the existing trees, in case something would happen to the existing trees in the future. Chair Dillon stated he would be in favor of a C-4 zoning designation. Other members of the Commission expressed their agreement that a commercial zoning designation is appropriate for this area, but that the C3 zoning may be too intense. The Commissioners also were in agreement that every effort be made to preserve the existing trees on the site, as well as establishing an additional tree line as a buffer for the residential property. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND THE CITY COUNCIL APPROVE THE REZONING REQUEST FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 169 AND 193RD AVENUE FROM R1C (SINGLE FAMILY RESIDENTIAL) TO C4 (NEIGHBORHOOD COMMERCIAL), PUBLIC HEARING CASE NO. ZC 95-6, BASED ON THE FOLLOWING FINDINGS: . 1. THE TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE NEW ZONING DESIGNATION TO ALLOW FOR COMMERCIAL DEVELOPMENT AT THE INTERSECTION OF HIGHWAY 169 AND 193RD. 2. THE REZONING WILL BE CONSISTENT WITH THE RECOMMENDATIONS FROM THE STEERING COMMITTEE TO EXTEND COMMERCIAL DEVELOPMENT NORTH ALONG THE WEST SIDE OF HIGHWAY 169. 3. THE REZONING WILL BE A LOGICAL AND CONTINUOUS EXTENSION OF THE EXISTING COMMERCIAL ALONG THE WEST SIDE OF HIGHWAY 169. 4. THE REZONING TO COMMERCIAL CAN BE SUPPORTED BY THE AVAILABILITY OF WATER AND SEWER TO THE SOUTH AND THE EXISTING TRANSPORTATION SYSTEM. 5. THE REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HB (HIGHWAY BUSINESS). COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Ach stated he would check with the City Attorney to see if it would be necessary to re-advertise the public hearing, since the recommendation is different from the public hearing notice that was published and mailed. . Planning Commission Minutes January 23, 1996 Page 9 . Chair Dillon withdrew from discussion on items 5.6. and 5.7. to a conflict of interest. Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning from R4 (Multi-Family Residential) to R2 (Two Family Residential) in order to be consistent with the recent changes in land use designations made by the City Council. The properties under consideration for rezoning area located on the east side of Jackson A venue, approximately 150 feet, from School Street south to 5th Street. Vice-Chair Thompson opened the public hearing. . Robert Bischoff, 602 Jackson Avenue, asked for clarification on uses allowed in the current zoning and proposed zoning designations. He questioned why the change was initiated. Commissioner Minton explained the uses allowed. Commissioner Minton also explained there are three reasons for the zone change; (1) the proposed change is a result of the review and update of the Comprehensive Plan, (2) it reflects the existing uses, and (3) the school district'S concern that any additional apartment buildings in this area will only add to the existing problems they are experiencing with the high density. Mr. Bischoff expressed his opposition to the zone change because he felt it interferes with his right to use his property as he wishes. The Planning Commission discussed with Mr. Bischoff the fact that his property would not accommodate an R4 use due to its small size. Sara Mae Moos, 836 Jackson Avenue, asked for clarification on whether or not she would be able to rebuild her home if it were destroyed. She asked why her neighbor, Dale Elliott, was not notified of the zone change. Steve explained that the County tax records were used to obtain the names and addresses of affected property owners. There being no further comments from the public, Vice-Chair Thompson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO REZONE THE SUBJECT PROPERTY FROM R4 (MULTI-FAMILY RESIDENTIAL) TO R2 (TWO FAMILY RESIDENTIAL), PUBLIC HEARING CASE NO. ZC 96-1, BASED ON THE FOLLOWING: 1. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 2. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. 3. THE PROPOSED REZONING WILL ALSO SERVE AS A LOGICAL LAND USE TRANSITION BETWEEN THE SINGLE FAMILY RESIDENCES ON IRVING AVENUE AND THE C2 ZONE ON THE WEST SIDE OF JACKSON AVENUE. . 4. THE EXISTING HOMES WOULD NOT BECOME NON-CONFORMING USES IN THE PROPOSED R2 ZONE. Planning Commission Minutes January 23, 1996 Page 10 . COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning from R4 (Multi-Family Residential) to C2 (Office District). The two parcels under consideration for this rezoning are located at the southwest corner of School Street and Jackson A venue. The smaller lot is owned by Donald Singer and has an apartment building and a garage on it. Larry Morrell owns the larger lot and operates a transfer and trucking business, as well as a mini-storage facility. Most of the site is used for parking and outside storage of trucks and trailers. Some evergreens have been planted along Jackson and School Street; however, much of it is in poor condition. Staff recommends approval of the requested based on the findings listed in the report to the Planning Commission on this item. Vice-Chair Thompson opened the public hearing. There being no comments from the public, Vice-Chair Thompson closed the public hearing. Commissioners Kuester and Minton expressed their view that they would prefer property values not be considered when reviewing zone changes as much as possible. . Commissioner Minton stated he was not aware the apartment building and mini- storage were being considered in the request, but still supported the request. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER REQUEST FOR REZONING THE SUBJECT PROPERTY FROM R4 TO C2,PUBLlC HEARING CASE NO. ZC 96-2, BASED ON THE INFORMATION IN STAFF'S MEMO, INCLUDING THE FOLLOWING: 1. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF CB (CENTRAL BUSINESS). 2. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. 3. THE PROPERTY TO THE SOUTH IS CURRENTLY ZONED C2 AND THIS WOULD BE A LOGICAL EXTENSION OF THE ZONE. 4. THE EXISTING APARTMENT BUILDING WOULD NOT BECOME A NON- CONFORMING USE IN THE PROPOSED C2 ZONE AND THE NON- CONFORMING USE STATUS OF THE TRUCKING BUSINESS AND STORAGE FACILITY WOULD REMAIN UNCHANGED. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . Planning Commission Minutes January 23. 1996 Page 11 . Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning from R3 (Townhouse/Multi-Family) to R1c (Single Family Residential). The proposed rezoning involves property located on the north side of Highland A venue and approximately 200 feet west of the intersection of Jackson A venue and Highland A venue. The property is rectangular shaped and part of a larger approximately 17 acre parcel. This request is consistent with the City's Land Use Plan. Staff recommends approval of the request based on the findings listed in the report to the Planning Commission. Chair Dillon opened the public hearing. There being no comments from the public. Chair Dillon closed the public hearing. The Planning Commission expressed agreement that the R 1 c zoning would appropriate. since the remainder of the parcel is zoned R 1 c. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER TO REZONE THE SUBJECT PROPERTY FROM R3 (TOWNHOUSE/MULTI-FAMILY RESIDENTIAL) TO R1C (SINGLE FAMILY RESIDENTIAL), BASED ON THE FOLLOWING FINDINGS: 1. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 2. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. . 3. THE REMAINDER OF THIS PARCEL IS CURRENTLY ZONED R1C AND THIS WOULD BE CONSIDERED A LOGICAL EXTENSION OF THAT ZONED. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.9. City of Elk River Request for Rezonina from R3 to C3. Public Hearina Case No. ZC 96-4 Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning from R3 (Townhouse/Multi-Family) to C3 (Highway Commercial). The property is located at the southwest corner of Highway 169 and Main Street. The property is rectangular shaped and part of a larger approximately 10 acre parcel. The area under consideration for rezoning is bounded by Highway 1 69 to the east. County Ditch # 1 0 to the west, the United Power Association access drive from Highway 169 to the south and Main Street approximately 200 feet to the north. Staff recommends approval of the request based on the findings listed in the staff report to the Planning Commission. Chair Dillon opened the public hearing. . Earl Hohlen, 39 Main Street, owner of the subject property, explained that he lost direct access to the subject property when the Main Street improvement project was completed. Mr. Hohlen stated he has paid commercial taxes on the property and has not been able to use it because of the access problem. Commissioner Minton asked if there was a southern access. Mr. Hohlen stated Planning Commission Minutes January 23, 1996 Page 12 . there is a private access owned by UPA. Steve Ach stated Mr. Hohlen's property has a right-in right-out only access from Main Street. Discussion followed regarding Mr. Hohlen's access problem. It was the consensus of the Planning Commission to address only the zoning of the property at this time, and that the access could be address when a development proposal comes forth. Steve explained that the UPA access issue was never resolved with Mn/DOT when a concept was discussed several years ago. There being no comments from the public, Chair Dillon closed the public hearing. Chair Dillon questioned how the commercial zoning would affect Mr. Hohlen's taxes. Steve Ach stated Mr. Hohlen should contact Sherburne County Assessor's office for that information. Earl Hohlen stated he would not object to the rezoning to commercial. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER REQUEST TO REZONE THE SUBJECT PROPERTY OWNED BY EARL HOHLEN FROM R3 (TOWNHOUSE/MULTI-FAMILY) TO C3 (HIGHWAY COMMERCIAL), BASED ON THE FOLLOWING: . THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HB (HIGHWAY BUSINESS). 2. THE NORTH PART OF THE PROPERTY IS CURRENTLY ZONED C3 AND THIS WOULD BE A LOGICAL EXTENSION OF THE ZONE. 1. 3. THE REZONING WILL NOT HAVE AN ADVERSE IMPACT ON THE ADJACENT PROPERTIES. THE AREA WEST OF THE OLD COUNTY DITCH #10 WILL PROVIDE A NATURAL POINT OF SEPARATION AND COULD SERVE AS A BUFFER BETWEEN THE INTENSE COMMERCIAL USES ALONG HIGHWAY 169 AND THE EXISTING R RESIDENCES TO THE WEST. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Other Business 6.1 . Tribute to Former Chair Kuester Commissioner Minton expressed his thanks to Louise Kuester on behalf of the Planning Commission for the excellent job she did this past year. He added that she was sensitive to people's feelings when dealing with them and made sure they understood the process. 6.2. Welcome Chair Dillon welcomed Jon Anderson, the newest Planning Commissioner, and Scott Harlicker, Planning Assistant. . 6.3. Saturday Workshop Planning Commission Minutes January 23, 1996 Page 13 . Steve Ach reported the Park and Recreation Commission would not be meeting with the Planning Commission on Saturday. It was the consensus of the Planning Commission to meet, regardless, to discuss development in the urban service district, when water and sewer is not readily available. 6.4. National Conference Steve Ach stated the City Council has authorized the attendance of one Planning Commissioner to attend the national conference, but that the Council will consider authorizing another Commissioner to attend if more information on the conference is made available to them. Steve stated he would be providing this information to them at the February 5, 1996, City Council meeting. There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 9:45 p.m. . . Planning Commission Minutes January 23, 1996 Page 14 . ~o;;;-~~ Debbie Kleckner Planning Secretary . .