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08-27-1996 PC MIN . . . &fmrmwrel MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 27, 1996 Members Present: Chair Thompson, Commissioners Minton, Sullivan, and Tacheny. Commissioner Kuester arrived at 8:05 p.m. Members Absent: Commissioner Anderson Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Kendra Lindahl, Zoning 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 7:00 p.m. by Chair Thompson. COMMISSIONER MINTON MOVED APPROVAL OF THE AUGUST 27,1996, PLANNING COMMISSION AGENDA. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER SULLIVAN MOVED TO AMEND THE JULY 23, 19961, MINUTES AS FOLLOWS: - PAGE TWO, ITEM 5, SHOULD BE 8 FEET, NOT 80 FEET COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER MINTON MOVED TO APPROVE THE CONSENT AGENDA S FOLLOWS: 6.1. DJ'S TOTAL HOME CARE CENTER REQUEST FOR VARIANCE - POSTPONED 6.2. DJ'S TOTAL HOME CARE CENTER REQUEST FOR CONDITIONAL USE PERMIT - POSTPONED COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5......... ...........)PI8hRIRo.CdrRmissibhRebte.,sehfBHive..fd.AfteRd..<jl16196 cil'v CduhciIMeefiR8.............. ...... Commissioner Sullivan will attend the September 16, 1996 City Council Meeting. . . . Planning Commission Meeting Minutes August 27, 1996 Page 2 6.3... ...........Mdft.sri'iithR&dGeStif8f'c8Hdifi8Hdl...U$&...P&rmlt;pGbliB...H&drihdCd$e..N8..clJ..96~2() ..-...........,.,','.'...............'..,'........_-_...---.---.-.......".............--.---...-..-.............---.......-..."."""""""..........-------.-.......,',....,"",........... .6...4.>..&1dtt.SmifbReq(jeU.f8r.Vdridhce,...P&blicHedrihQ...COse...NO....V..96..1.0... ... Staff report by Scott Harlicker. Matt Smith is requesting a conditional use permit for a zero lot line development to allow a common wall and shared driveway for a twin home and a variance request to allow an undersize lot. The subject property is located north of Railroad Drive between Freeport and Evans Street alignments. The conditional use permit is necessary for zero lot development. The variance to lot size is requested because the parcel is 5903 sq. ft. in size and minimum lot size in the R3 zone is 6000 sq. ft. The applicant is also requesting an administrative subdivision which will be reviewed by the City Council at the September 16, 1996, meeting. Approval of the requests will allow separate property ownership for each of the two twin home units. Matt Smith, applicant, indicated there is room for 4 to 5 cars to park at each site. In response to a question from Commissioner Minton, Mr. Smith stated he would be removing the large dead tree in the front of the property. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE LOT SIZE VARIANCE REQUEST FOR PARCEL ONE BY MATT SMITH, PUBLIC HEARING CASE NO. V 96-10, BASED ON THE FOLLOWING FINDINGS: 1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT SINCE THERE IS NO OTHER LOCATION FOR THE PROPOSED PROPERTY LINE AND AN ODD JOG IN THE PROPOSED PROPERTY LINE WILL DEPRIVE THE OWNER OF PARCEL 2 A USABLE BACK YARD. 2. THERE ARE SPECIAL CONDITIONS, THE SHAPE OF THE PARENT LOT, WHICH IS PECULIAR TO THIS PROPERTY. 3. LITERAL APPLICATION OF THE ORDINANCE WILL DEPRIVE THE APPLICANT OF PROPERTY RIGHTS ENJOYED BY OTHER PROPERTIES IN THE NEIGHBORHOOD. OWNERS OF SIMILARLY SIZED LOTS IN THIS NEIGHBORHOOD WOULD BE ABLE TO DO WHAT THE APPLICANT IS PROPOSING. 4. THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS THAT ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTION. THE SHAPE OF THE ORIGINAL PARCEL IS BEYOND THE APPLICANT'S CONTROL. 5. THE GRANTING OF THIS VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS. THE GRANTING OF A VARIANCE FOR RELIEF OF 97 SQUARE FEET WOULD NOT BE INJURIOUS TO THE RESIDENTS. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR ZERO LOT LINE DEVELOPMENT . . . Planning Commission Meeting Minutes August 27, 1996 Page 3 REQUESTED BY MATT SMITH, PUBLIC HEARING CASE NO. CU 96-20, BASED ON THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. AN ADMINISTRATIVE SUBDIVISION APPROVAL TO SUBDIVIDE THE PROPERTY INTO TWO PARCELS IS RECORDED WITH SHERBURNE COUNTY PRIOR TO THE ISSUANCE OF THE CONDITIONAL USE PERMIT. 2. PAVED DRIVEWAYS AND PARKING BE PROVIDED AND SHOWN ON THE SITE PLAN. 3. INDIVIDUAL SERVICES BE PROVIDED TO EACH DWELLING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 4-0. steve Ach indicated the applicant for this item has requested that it be postponed until the September Planning Commission meeting. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION POSTPONE THIS ITEM UNTIL THE SEPTEMBER 24, 1996, PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Commissioner Tacheny indicated since he is a resident in the Island View Addition, the Planning Commission may wish to consider whether or not there may be a conflict of interest. It was the consensus of the Commissioners there was no conflict of interest. Staff report by Steve Ach. John Hitchcock is requesting preliminary plat approval to subdivide approximately 19 acres into 9 single family lots. The property is located at the westerly terminus of Island View Drive and east of 189th Avenue, lying immediately north of lake Orono. The property is located within the urban service district, but since city sewer and water are not currently available, the minimum lot size is 1 acre with 160 ft. of frontage. Development of the property requires the extension of Island View Drive approximately 200 feet, servicing 5 of the 9 lots. One lot directly north would have access off 191 sf, and 3 lots would have access onto 189th A venue. An additional 10 feet of right of way along the east side of 189th should be required for this subdivision so that at some point in the future, 189th could be improved to urban standards. The northern lot has frontage onto Outlot A, which is deeded to the city for the future extension of 191 sf, but currently does not have the required 1 60 feet of frontage. Staff suggests that this lot be platted as an outlot at this time until the proper frontage is given. Steve Ach indicated the possibility of extending Island View and connecting with 189th to the west was discussed when the plat of Belgin Acres was first reviewed. This would likely cause an undesirable increase in the amount of cut- Planning Commission Meeting Minutes August 27, 1996 Page 4 . through traffic from 189th onto Island View Drive. Staff suggests a possible connection from Island View to 191 st to connect the Island View neighborhood and Belgin Acres, and improve emergency access. Steve Ach explained there is a discrepancy in the legal description for a 1/3 acre parcel of land owned by Mr. Lockwood. The legal description indicates the parcel owned by Mr. Lockwood may actually be on Lot 5 of the proposed plat. This ownership issue will need to be addressed before proceeding with development of the property. Steve indicated staff just received the grading plan tonight showing the house pad and septic locations and will need time to review the plans, particularly Lots 7, 8 and 9 which are on Lake Orono. The Park and Recreation Commission has recommended Lot 5 be dedicated to the City to satisfy the park dedication requirements. Also, a 30 foot trail corridor is recommended to connect the park land and proposed cul-de-sac extending from Island View Drive. Staff recommends tabling this item until the September Planning Commission meeting. Commissioner Minton questioned why staff recommends platting Lot 3 as an outlot. Steve Ach explained the lot does not meet road frontage requirements. This issue would be resolved if Lot 3 were combined with an adjacent parcel. Steve noted that the entire plat would be affected if a connection of Island View Drive and 191 st were made, which would, in turn, affect the Park and Recreation Commission's recommendations. . Chair Thompson noted a letter has been received by the Planning Commission from Blanche and Gene Scriber, 13489 Island View Drive, expressing their opposition to Island View Drive becoming a through-street. Commissioner Minton expressed his support for connecting Island View with 191 st Avenue. John Hitchcock (applicant), 8730 Nevada Avenue, Brooklyn Park, indicated he became aware of the legal description discrepancy regarding Mr. Lockwood's property last week. He has since met with an attorney and a surveyor and it appears Mr. Lockwood's property is described as being within Lot 5. He noted a title attorney is checking in the matter. Mr. Hitchcock explained when Belgin Acres was platted, there was some discussion of connecting Island View and 189th. Since that time, the 1991 Wetland Conservation Act came into effect and the proposed alignment of 189th is not compatible for buildable lots on the lake. Mr. Hitchcock indicated he and Mr. Lockwood will be negatively impacted if Island View Drive and 191 st Avenue are connected, and felt the Belgin Acres development will be most affected by cut-through traffic. Chair Thompson opened the public hearing. . Sandy Weicht, 13330 Island View Drive, expressed her concern that Island View Drive is a very old, narrow road and opposed a connection with County Road #35, which is a much wider road with faster traffic. She expressed concern for safety of walkers, bikers and roller bladers. Planning Commission Meeting Minutes August 27, 1996 Page 5 . Robert Johnson, 13542 Island View Drive, also expressed his concern for the safety of walkers, roller bladers and children on Island View Drive. He felt the speed of traffic will increase if Island View Drive becomes a through-street. Katie Alfveby, 13553 1915t Avenue, stated she was concerned for safety of the children and increased traffic. Wade Lovelette, 13519 Island View Drive, expressed his opposition to any development at the end of Island View Drive. He felt Island View Drive would become a dangerous street for children if it becomes a through-street. Darrell Island, 13563 Island View Drive, expressed his opposition to the project because the increased traffic will make it unsafe to walk in the street. Cindy Edwards-Plant, 13184 Island View Drive, indicated she is involved in the Lake Orono Homeowner's Association. Ms. Plant stated the association is looking at silting and water quality of Lake Orono. She is also concerned about the traffic. Ms. Plant requested the Planning Commission table the request until the septic locations and other issues are studied for Lots 7, 8 and 9. . Patty Prody, 13162 Island View Drive, felt it is not necessarily good to connect neighborhoods. She indicated that there is a feeling of safety in smaller, scattered neighborhoods. She expressed concern that Island View Drive is not in very good shape to handle the additional traffic this development would generate. Don Robinson, 13400 Island View Drive, expressed his opposition to connection Island View and 191st. Tom Hideman, 13246 Island View Drive, opposed the connection of the streets and expressed safety concerns. Pat Island, 13563 Island View Drive, opposed the proposed additional traffic which would be created by connecting the roads for safety reasons. Jerald Palmer, 13538 Island View Drive, stated he has lived on Island View Drive for 32 years. He felt connecting Island View Drive and 191 st will increase the potential for accidents. Richard Hornsby, 13550 1915t Avenue, opposes the project and proposed road connection due to the potential for increased traffic and safety concerns. Commissioner Minton explained the danger of having a long cul-de-sac in the event of an emergency. The Commissioners discussed the possibility of constructing some type of break through barrier to allow emergency access but restrict drive-through traffic between the Island View Addition area and Belgin Acres. Steve Ach noted trail corridors are sometimes used for emergency access. . Planning Commission Meeting Minutes August 27, 1996 Page 6 . The question was raised whether or not there are plans to upgrade Island View Drive. City Engineer Terry Maurer indicated the street has not come up on the five year capital improvement plan. COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY JOHN HITCHCOCK FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 96- 10, TO THE SEPTEMBER 24, 1996, PLANNING COMMISSION MEETING TO ALLOW THE DEVELOPER AND STAFF TIME TO ADDRESS THE ROAD ISSUES, LAKE SEDIMENTATION AND SEPTIC LOCATIONS, GRADING PLAN AND PROPERTY OWNERSHIP ISSUES. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Staff report by Steve Ach. Central Lutheran Church is requesting a conditional use permit to expand their parking area along School Street and Lions Park Drive. With the expansion, the church is attempting to address their existing and anticipated parking needs, if the church proceeds with a building expansion at some point in the future. The proposal includes relocating the existing driveway further to the east on School street. An access is also proposed onto Lions' Park Drive. The existing parking area has 212 parking stalls. The new parking area would include 168 parking stalls, giving the church a total of 380 parking stalls. The parking area will meet city standards which includes curb and gutter, bituminous surface and landscaping. . Commissioner Kuester arrived at this time (8:05 p.m.) Staff recommends requesting the church grant a 10 foot easement along the west edge of Lions' Park Drive to allow opportunity for additional drainage and utility purposes, as well as snow storage. In addition, it is recommended an 800 square foot triangle easement be granted to increase the radius at the sharp corner of Lions' Park Drive as it extends south and then heads west. Commissioner Minton questioned how the pond at this location would be affected. Steve Ach indicated the pond would likely need to be redefined. Staff recommends approval of the conditional use permit with the 7 conditions listed in the staff report to the Planning Commission. Discussion followed regarding the history of Lions' Park Drive and its use as access to the Dove Tree Apartments. Cedric Olson, Pastor, Central Lutheran Church, explained that when the church sold the property which is now Lions' Park Drive to the city, the church had an agreement with the city that it was to be used as an access to Lions' Park, not for city street purposes. Steve Ach stated the only documents he was able to locate on this issue support an agreement with Mr. Houlton when he donated the Lions' Park land to the city, that access be provided to Houlton's property, (currently the Dove Tree Apartments site). Steve suggested if the church has any documents to support their understanding, to provide them to the City for review. Pastor Olson indicated the agreement was verbal. . . . . Planning Commission Meeting Minutes August 27, 1996 Page 7 Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. Discussion followed regarding plans for future expansion of the church. Pastor Olson noted the church would lose approximately 50 existing parking spaces with the proposed addition. He expressed his concern that giving up the requested additional right of way will cost the church needed parking space. Commissioner Kuester suggested that the church utilize the Lions' Park parking lot for additional parking space, and in turn, park users could use the church parking area, when needed. Pastor Olson explained this is already being done. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY CENTRAL LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 96-22, WITH THE FOLLOWING CONDITIONS: 1. THE CHURCH GRANT TO THE CITY ADDITIONAL EASEMENT ALONG THE WEST SIDE OF LIONS' PARK DRIVE AS WELL AS AT THE SOUTHEAST CORNER OF THEIR PROPERTY TO ALLOW THE FUTURE IMPROVEMENTS TO LIONS' PARK DRIVE. 2. LANDSCAPING BE PROVIDED IN ACCORDANCE WITH THE CITY'S PERFORMANCE STANDARDS BASED ON THAT AREA THAT IS BEING IMPROVED AT THIS TIME. 3. ALL AREAS DISTURBED BE PROPERLY SODDED OR SEEDED, WHICHEVER IS NEEDED TO PREVENT EROSION FROM OCCURRING. 4. THE PROPOSED ACCESS ONTO LIONS' PARK DRIVE SHOULD HAVE THE CURB AND GUTTER TERMINATE AT THE CHURCH'S EASTERLY PROPERTY LINE. 5. COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED AUGUST 19, 1996, BE INCORPORATED INTO THE PLANS FOR APPROVAL. 6. PRIOR TO COMMENCING WORK ON THE PARKING LOT, REVISED PLANS REFLECTING THE CONDITIONS FOR APPROVAL BE PROVIDED TO THE CITY. 7. PROPER EROSION CONTROL BE INSTALLED PRIOR TO CONSTRUCTION OF THE PARKING AREA. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. staff report by Scott Harlicker. The City of Elk River is requesting a land use map amendment for property on east Highway 10 which would change the land use designation from HB (Highway Business) to LI (Light Industrial), HB (Highway Business) to LR (Low Density Residential) and LR (Low Density Residential) to LI (Light Industrial). Also, a zone change is requested for this same property to Planning Commission Meeting Minutes August 27, 1996 Page 8 . rezone from C3 (Highway Commercial) to 11 (Light Industrial), C3 (Highway Commercial) to R1a (Single Family Residential) and R1a (Single Family Residential) to 11 (Light Industrial). Staff recommends approval of the requests based on the findings in the staff report. Commissioner Sullivan questioned how OJ's Total Home Care Center would be affected by the proposed land use and zone change. Scott Harlicker indicated OJ's has multiple uses on the property now and 2 of the 3 would be conforming. It was the consensus of the Commissioners that OJ I S request be given special consideration, since this land use and rezoning requests may affect his operations. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. Scott indicated that Mr. William Pogue, owner of the mini storage facility within the area affected by the land use and zone change, has informed him he has no objection. Another affected property owner, Mr. Renner, only was concerned that the boundaries are consistent with the boundaries of his recently approved subdivision. Mrs. Alice Quist, 9875 Highway 10, questioned what would be the difference in her property taxes if the property were light industrial versus highway commercial. Scott indicated the county has informed him the property would be assessed in the same manner. . COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF RESOLUTION 96-_, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE OF CERTAIN PROPERTIES FROM HB (HIGHWAY BUSINESS) TO LI (LIGHT INDUSTRIAL), HB (HIGHWAY BUSINESS TO LR (LOW DENSITY RESIDENTIAL), AND LR (LOW DENSITY RESIDENTIAL) TO LI (LIGHT INDUSTRIAL), CASE NO. LU 96-13. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE 96-_, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C3 (HIGHWAY COMMERCIAL) TO 11 (LIGHT INDUSTRIAL), C3 (HIGHWAY COMMERCIAL) TO R1A (SINGLE FAMILY RESIDENTIAL), AND R1A (SINGLE FAMILY RESIDENTIAL) TO 11 (LIGHT INDUSTRIAL), CASE NO. ZC 96-15. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Staff report by Kendra Lindahl. At the direction of the City Council, staff has reviewed a request by Mr. Rueben Penske to amend the Zoning Ordinance to allow car sales in the 11 (Light Industrial) zone. Mr. Penske is leasing business space from Mr. ~ick Hetland, owner and operator of the recycling center on east Highway 10. Mr. Penske is operating an automobile brokering business, locating vehicles for clients, as well as a marketing and phone sales business. Planning Commission Meeting Minutes August 27, 1996 Page 9 . Mr. Penske would like to operate a vehicle repair shop, which is a conditional . use in this zoning district. Additionally, Mr. Penske would like to operate a used car lot. but auto sales are not allowed in the light industrial zoning district. Mr. Penske explained that initially he was told by staff that the site was zoned properly for the type of business he proposed, and was later told it was not. Staff suggested that he submit an application for a conditional use permit which was scheduled for the June Planning Commission meeting. Mr. Penske entered into a lease agreement with Mr. Hetland and proceeded to obtain his automobile brokerage license from the State of Minnesota, obtained signage, became bonded and insured. Mr. Penske feels since the property was previously a used car operation, as well as an automotive repair and towing service station, the use he is proposing is appropriate. Dick Hetland, 18810 Boston Street, owner of the Recycling Center, emphasized the importance highway visibility for his business as well as Mr. Penske's business. Discussion followed regarding possibilities for combined uses on Highway 10. Mr. Penske's proposed businesses were also discussed. It was the consensus of staff and the Commissioners that Mr. Penske's activities could be covered by a conditional use permit. with the exception of the outdoor display of used vehicles. Chair Thompson opened the public hearing. . Jerry Eisenschenk, 9745 Highway 10, expressed his concern with the rezoning of property along east Highway 10. He suggested the City establish a perimeter area from the highway back approximately 300 feet where multiple uses could be combined. Chad _, 13550 Fillmore Street, expressed his support for the light industrial zoning. He felt requests for businesses proposing to locate on Highway 10 should be considered on a case-by-case basis. There being no further comments from the public, Chair Thompson closed the public hearing. Further discussion followed regarding options to accommodate Mr. Penske's request. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO ALLOW USED CAR SALES IN THE 1-1 (LIGHT INDUSTRIAL) ZONING DISTRICT, PUBLIC HEARING CASE NO. OA 96-12, BASED ON THE INFORMATION IN STAFF'S REPORT TO THE PLANNING COMMISSION. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . It was the consensus of the Planning Commission to discuss issues related to this request at a workshop session, including double uses for buildings, and the possibility of zoning specific areas within the city for split or mixed uses. . . . Planning Commission Meeting Minutes August 27, 1996 Page 10 steve Ach informed the Planning Commission that the 1997 Budget is proposed to be similar to last year's budget. The only increase may be a result of additional time to broadcast meetings on cable television. Commissioner Minton asked the Commissioners to consider recommending the Community Values Checklist for Local Governments be included in the Comprehensive Plan. It was the consensus of the Commissioners to discuss the checklist at their next workshop session. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION 5-0. The meeting adjourned at 9:55 p.m. ResRectfully submitted, (~ 7jh~~ Debbie Kleckner Recording Secretary