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02-28-1995 PC MIN &~m@w~~ . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 28, 1995 Members Present: Chair Kuester, Commissioners Dillon, Sullivan-Slocum, Thompson, and Minton Members Absent: Commissioners Tacheny and Kreger Staff Present: Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant, Troy Langer; Planning Intern; Terry Maurer, City Engineer; 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 Kuester. 2. ConsideI'FeJ:;)tUOrv28;f995PIOnOiOa@onWhissiOr\Aaenaa/ . The following were added to the February 28, 1995 Planning Commission agenda; 3.1. - Consider January 21, 1995 Planning Commission Annual Meeting Minutes 6.1. - Government Training Service Meeting 6.2. - Joint Meeting - Planning Commission and Park & Recreation Commission 5.6. & 5.7. - Move to beginning of Planning Items COMMISSIONER SULLIVAN-SLOCUM MOVED TO APPROVE THE 2/28/95 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3;1... ..C6hsider..Jdnuarv21'..1.995...Planning..@OmrHission Anl1ual...MeefihO..Minufes... . .... . The following changes were noted in the 1/21/95 Planning Commission minutes: -Page 1, paragraph 4 - correct spelling from "Ache" to "Ach" -Page 2, under goals, insert the word "Plan" after "Comprehensive" -Page 3, item 3, eliminate the word "PUD" -Page 3, item 4, should read "establish liaisons with other planning commissions" , leave out the words 'i.e.; Sherburne County" -Page 3, under workshops, add an item No.7, "Joint meeting with the Park and Recreation Commission" -Page 3, last sentence, add "and being other topics of interest." . COMMISSIONER MINTON MOVED TO APPROVE THE MINUTES OF THE 1/21/95 PLANNING COMMISSION ANNUAL MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Planning Commission Minutes February 28, 1995 Page 2 . ........',',.,','................',........................,......',.............-..-...------........-..........................__._-_.-.-..-..................--------.............."",.............. .....",.............. 3.2~C6r'"1s1derMir'"lUtesOfj6nt.ki&24,1995PI6nhihacommissI6HMeifiHG The following corrections were noted in the 1/24/95 minutes: -Page 10, "Chair Minton" should be changed to "Commissioner Minton" -Page 11, "Vice Chair Charger" should be changed to 'Vice Chair Kreger" -Page 11, Item 6.2. - add Commissioner Dillon - expressed interest in attending... COMMISSIONER SULLIVAN-SLOCUM MOVED TO APPROVE THE 1/24/95 PLANNING COMMISSION MINUTES. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. ....................--...................-..............."................................... .... ... ........... ........................ .................""............ .4. . .........PI6nhihdcommissiofMf..Reoresenf6tWe...tO..Aftehd..3/20l95CiW..c6Gh2il..M6eflnq.. Chair Kuester will attend the 3/20/05 City Council meeting. ..........",.........."..................""........................................ . .... . . ... ................................",................",........... 5.6;CltYOfElkRive[RedGesff6fcOhditibhdIUsePermif,Cas6N6YcI..l95;3> .5;7, .............GitvofElkRiv~@..RegGesfforvariahce'pGbliC..Heandd Gase..No3V 9s#;t....................... . Staff report by Steve Ach. The City of Elk River is requesting a conditional use permit to construct a new ice arena and a variance to the parking lot setbacks at the new ice arena site, northwest of the senior high school. The 2-3 foot variance along the north property line is a result of the extension of the existing service road. A second variance is along the eastern edge of the parking area (2-5 ft.). Jeff Gongoll, Chair of the Ice Arena Task Force, explained that the Task Force has been meeting for the past 8-10 months. Members of the Ice Arena Task Force include Dale Martin, Marly Glines, Larry Farber, John Dietz and Pat Klaers. Staff support has been provided by Lori Johnson and, most recently, Cliff Skogstad and Steve Ach. He stated that the existing facility is approximately 23 years old and is not able to meet the needs of the community. He added that the Athletic Conference may not permit Elk River home games in the future due to the limited seating. Jeff noted that neighboring communities are willing to make a commitment for leasing ice time to support the new facility. He stated that they have received approval from the School Board to transfer property to the City for the proposed ice arena. Jeff explained the progress on the project to date, regarding selection of an architect and designing the ice arena. He noted the Bank of Elk River, First National Bank and the State Bank of Rogers have agreed to finance the project. He stated that by using this method of financing, they will avoid costs associated with the bonding process. The total cost of the project is $2 million. Chuck Frieberg, RSP Architects, complimented the Task Force for their work on the project. Mr. Frieberg provided an overview of the architectural aspects of the proposed ice arena, highlighting the following: . -placement of new building parallel to existing facilities -shared entrance, (point of control) -creating additional 90+ parking stalls -new drop area for teams Planning Commission Minutes February 28, 1995 Page 3 . -sand base; year-round ice -1,200 seating capacity at completion of initial phase -when fully completed, 4 new locker rooms with showers and toilets, figure skating club room, officials rooms, enlarged concessions, enlarged skate rental and sharpening area, enlarged vending and video game area, an indoor track in the mezzanine, and a total seating capacity of 2,000. -described the exterior design of the building, painting of existing building to match, using school colors and logo. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Commissioner Minton questioned the potential for ponding on the parking lot. Mr. Frieberg stated that grading would be done to direct the drainage. He also expressed his concern for adequate parking during high attendance events. Jeff Gongoll stated that the scheduling of events would be coordinated so that major varsity events would not occur at the same time. He stated that with additional parking available east of the ice arena (north of the senior high), west of the senior high, and also west of the Vandenberg School, the parking need could be met. . Chair Kuester questioned if there would be a trail between the ice arena and the residential area to the north. Steve Ach explained that it may not be possible to have a trail between the parking area and the wetland, but a short extension to the parking area should be provided where pedestrians can either use the parking lot itself or the sidewalk next to the ice arena to get to the main sidewalk around the school. Mr. Frieberg explained that there will be a 3 foot berm with Black Hills Spruce plantings to screen the parking area from the residential area. Commissioner Minton asked if the north end of the existing ice arena could be screened. Jeff Gongoll stated that some plantings could be placed there in the future. Commissioner Sullivan-Slocum questioned the use for the north service road. Mr. Frieberg stated that it would only be used for servicing the Zamboni machine and could be signed for no entry. Commissioner Dillon questioned the possibility of runoff from the parking area into the wetland area. Mr. Frieberg explained that there would be curb and gutter with catch basins. Chair Kuester questioned the restroom requirement for a facility of this size. Mr. Frieberg stated that code requires seven stalls for each gender, but they will be providing nine. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY THE CITY OF ELK RIVER TO CONSTRUCT AN OLYMPIC-SIZE ICE ARENA, PUBLIC HEARING CASE NO. CU 95-03, BASED ON THE INFORMATION IN STAFF'S REPORT TO THE PLANNING COMMISSION AND THE FACT THAT THERE WAS NO PUBLIC OPPOSITION, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes February 28, 1995 Page 4 . 1. COMMENTS STATED BY THE CITY ENGINEER BE INCORPORATED INTO THE FINAL SET OF PLANS. 2. NEW PARKING AREA BE CONSTRUCTED WITH A BITUMINOUS SURFACE AND BOUNDED WITH CONCRETE CURB AND GUTTER. 3. A DRAINAGE PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO CONSTRUCTION. 4. A NEW FIRE HYDRANT BE PROVIDED ON-SITE IN ACCORDANCE WITH THE RECOMMENDATION FROM THE FIRE CHIEF. IN ADDITION, CONSIDERATION WILL BE GIVEN TO EXTENDING THE WATER MAIN NORTH TO CONNECT WITH THE RESIDENTIAL AREA. 5. ADDITIONAL LANDSCAPING BE PROVIDED ALONG THE NORTH PROPERTY LINE TO MAXIMIZE THE SCREENING BETWEEN THE ICE ARENA AND RESIDENTIAL NEIGHBORHOOD TO THE NORTH. 6. A SHORT SEGMENT OF TRAIL BE PROVIDED FROM THE PARKING LOT TO THE NORTHERLY PROPERTY LINE TO EVENTUALLY CONNECT WITH A TRAIL EXTENDING TO THE RESIDENTIAL. 7. ALL PARKING LOT AND BUILDING LIGHTING SHALL BE DOWN-LIT AND DIRECTED AWAY FROM THE RESIDENTIAL AREA. 8. AN ADEQUATE NUMBER OF PARKING LOT LIGHTS BE LEFT ON AT ALL TIME TO MAXIMIZE SECURITY AND SAFETY WITHIN THE AREA. . 9. INFORMATION RELATIVE TO REFUSE COLLECTION SHALL BE PROVIDED AND INCORPORATED INTO THE FINAL PLANS. IF AN OUTDOOR TRASH ENCLOSURE WILL BE PROVIDED, PROPER SCREENING WILL NEED TO BE INCLUDED. 10. THE SOUTHERLY TRAFFIC CONTROL ISLAND IN THE NEW PARKING AREA SHOULD BE SHIFTED NORTH OUT OF THE EXISTING TRAVEL LANE. 11. REVISED PLANS BE PROVIDED FOR APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY THE CITY OF ELK RIVER, PUBLIC HEARING CASE NO. V 95-02, BASED ON THE FOLLOWING INFORMATION: -STAFF'S REPORT TO THE PLANNING COMMISSION -THERE WAS NO PUBLIC OPPOSITION -THE TWO (2) FOOT VARIANCE WOULD NOT INFRINGE ON THE WETLAND AREA -AND THE FOLLOWING FINDINGS: , 1. THE VARIANCE IS AN EXTENSION OF AN EXISTING CONDITION. Planning Commission Minutes February 28, 1995 Page 5 . 2. THE VARIANCE IS MINIMIZED BY REDUCING THE DRIVEWAY WIDTH AS MUCH AS POSSIBLE AND ESTABLISHING A BUFFER OF LANDSCAPING. 3. THE CAMPUS SETTING OF THE ICE COMPLEX AND HIGH SCHOOL IS A UNIQUE SITUATION WHEREBY SHARED PARKING AND PROPERTY LINES FOR OWNERSHIP PURPOSES EXIST. 4. THE ENCROACHMENT OF THE PARKING AREA INTO THE SETBACK WILL NOT BE DETRIMENTAL TO SURROUNDING PROPERTIES NOR CREATE A PUBLIC SAFETY CONCERN. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. Staff report by Troy Langer. The applicant is requesting is for a zero lot line development to construct an approximate 24,000 square foot commercial center at the southeast corner of Highway 169 and 193rd Avenue NW. Approval of the conditional use permit would allow traffic to access the proposed commercial center, the SuperAmerica site and a future office development without leaving one site to enter another. Zero lot development is allowed in C-3 as a conditional use. Troy explained the main issues associated with the request as follows: . -Make sure the parking area has a mutual benefit for each of the properties. -Property cross-access and cross-parking agreements are prepared and executed between commercial and Super America as well as the commercial and office sites. -The maintenance and future repair of areas located on property lines is maintained and a mutual agreement between property owners exist to maintain those areas. Troy also highlighted issues associated with the site plan review of the development including landscaping, parking area, common drive area and signage. Troy explained that staff has recommended the drive area north of the proposed building be moved closer to the building to create more space between the drive leaving the SuperAmerica site. Staff is also recommending that a letter be obtained from UPA addressing the distance from the dripline of the overhead power lines, as well as a letter from Super America allowing access to their site. Also, a variance may be necessary for placement of a sign. Staff recommends a monument-style sign. Troy added that staff requests the Planning Commission consider making a recommendation to the City Council for an ordinance amendment to allow zero lot developments as permitted uses with certain standards. . Terry Maurer, City Engineer, stated that his major concern with the plat is that they receive drainage calculations to ensure that the site will not be overwhelmed by storm water runoff. He added that he also had concern regarding the two access points only being 20 feet apart and suggested in his memo that they be combined into one. Planning Commission Minutes February 28, 1995 Page 6 . Jeff Gongoll, representing Riverside Development, stated that staff's recommendations are reasonable and workable, Le., a monument-style sign rather than a pylon sign, location of the access, realignment of the drive aisle with the property across Evans Avenue, and letters from UPA and Super America. He did express his concern for the Highway 169 landscaping recommendation, citing the visibility issue. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Discussion ensued regarding the location of the drive aisle between the Super America and the proposed commercial strip. Jeff Gongoll stated that the options may be limited due to the existing fixtures (gas pumps). Steve Ach explained that signage at Evans and 193rd would clearly identify the entrance to the commercial site. Terry Maurer stated that his concern regarding the drainage plan relates to whether or not there are sufficient catch-basins throughout the plat to handle the drainage. . Commissioner Dillon expressed his concern that both the access to the commercial center and the access to Super America allow two-way traffic. He suggested that one access be identified as an entrance and one as an exit. Further, he suggested that the entrance to the future office development across Evans Avenue be coordinated so as not to add to traffic congestion. Terry Maurer stated that the best scenario would be to abandon the Super America access and have one entrance/exit point to both sites. Jeff Gongoll stated that Super America was not in favor of that proposal and that is why it was constructed as it appears today. Judy Thompson questioned Terry Maurer's memo regarding the outdoor patio seating area. Terry stated that he felt there would not be a problem locating an open patio over a drainage and utility easement but he would not want a permanent enclosure that could potentially have to be dismantled in the event of a problem within the easement. Chair Kuester questioned whether or not Mr. Gongoll had a problem with the landscaping recommendations. Mr. Gongoll stated he was not in favor of plantings along Highway 169 that would interfere with visibility. Steve Ach suggested that medium size shrubs be used such as were recommended for Elk Park Center and other commercial projects along Highway 169. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES, LLC, PUBLIC HEARING CASE NO. CU 95-01, FOR A CONDITIONAL USE PERMIT ALLOWING A ZERO LOT LINE DEVELOPMENT BASED ON THE FOLLOWING: STAFF'S REPORT TO THE PLANNING COMMISSION, THE CITY ENGINEER' MEMOS DATED 2/17/95 AND 2/27/95, AND THE FACT THERE WAS NO PUBLIC OPPOSITION, SUBJECT TO THE FOLLOWING CONDITIONS: . Planning Commission Minutes February 28, 1995 Page 7 . 1. CROSS ACCESS/CROSS PARKING AREAS HAVE AN AGREEMENT PREPARED AND EXECUTED BETWEEN PROPERTY OWNERS. THIS DOCUMENT SHALL BE RECORDED WITH SHERBURNE COUNTY. 2. ALL PARKING AREAS AND DRIVE AREAS SHALL BE IMPROVED WITH A BITUMINOUS SURFACE AND SHALL BE BOUND WITH B612 CONCRETE CURB AND GUTTER. 3. A LANDSCAPE PLAN CONSISTENT WITH CITY CODE REQUIREMENTS BE IMPLEMENTED. 4. ALL ISSUES OUTLINED IN CITY ENGINEER'S MEMO REGARDING THIS APPLICATION BE INCLUDED AND MADE PART OF THIS RECOMMENDATION. 5. A WRITTEN LETTER FROM THE PROPERTY OWNER'S OF LOT 1, BLOCK 1, HILLSIDE CROSSING SOUTH (THE SUPER AMERICA SITE) BE SUBMITTED TO THE CITY INDICATING THEIR APPROVAL OF THE ZERO LOT LINE DEVELOPMENT. 6. SEDIMENTATION POND, SOUTH OF LOT 3, BLOCK 3, HILLSIDE CROSSING SOUTH, BE COMPLETED BEFORE RECORDING OF CONDITIONAL USE PERMIT. 7. ITEMS IDENTIFIED WITHIN THE LETTER ADDRESSED TO THE APPLICANT, MR. GONGOLL, BE COMPLETED. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . 5.2. Consider Variance Request by Don Schumacher. Public Hearina Case No. V 95-1 Staff report by Gary Schmitz. Don Schumacher has requested an eight (8) foot front yard setback variance to accommodate a ten (10) foot addition to the south side of his home, located at 212 Norfolk Avenue. Mr. Schumacher's home is located on a corner lot), requiring 2 front yard setbacks of thirty (30) feet on both Norfolk and Manor Place. Gary stated that there is already a precedence for varying setbacks, as demonstrated by the wide mix of homes in this area that do not meet the existing standards. He added that the options for placement of the addition are very limited and the applicant does not wish to detract from the colonial structure of the home. Staff feels there are adequate findings to grant the variance. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER SULLIVAN-SLOCUM MOVED TO RECOMMEND APPROVAL OF AN EIGHT (8) FOOT FRONT YARD SETBACK VARIANCE REQUEST BY DON SCHUMACHER, PUBLIC HEARING CASE NO. V 95-1, CITING THE FACT THAT THERE WAS NO PUBLIC OPPOSITION, INFORMATION IN STAFF'S MEMO, AND BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP BY THE FACT THAT APPLYING THE EXISTING SETBACK STANDARDS WOULD REQUIRE THE ADDITION TO BE BUILT ELSEWHERE WHICH WOULD JEOPARDIZE THE UNIQUE COLONIAL ARCHITECTURE ASSOCIATED WITH THE HOUSE. . Planning Commission Minutes February 28, 1995 Page 8 . 2. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME NEIGHBORHOOD DUE TO THE FACT THAT A PRECEDENT HAS BEEN ESTABLISHED IN THIS NEIGHBORHOOD FOR NON CONFORMING SETBACKS. THEREFORE, THIS PROPOSAL WOULD NOT BE OUT OF CHARACTER FOR THE NEIGHBORHOOD. 3. THE EXISTING HOME WAS CONSTRUCTED IN 1929 WHEN DIFFERENT SETBACK STANDARDS, IF ANY, APPLIED. THE APPLICANT HAD NO CONTROL OVER WHERE THE EXISTING HOME WAS LOCATED. IT IS DIFFICULT TO RETROFIT A HOME BUILT IN 1929 TO MEET THE EXISTING SETBACK STANDARDS. 4. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND IS KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. ,5.~;[)ICkHetl()M(jRebq~stf8r~~z$nlhgfr~rY1Q3(Hlph..q()\f(JornrY1~rcSi811t8Mf(Llbflt lr"\dustrldl},pl..IbliCHeddhdddsefNO.tC95mr. ............................ ..................... ................... . ..-------...........----.--.....................................------.---... - ------- - - -- ------- .--............................................"'................",........".......... 5.4. ...... PickHkHI0I18RegueshforLOn(jlJse"rrlel1(jrrlenhforHB(f-ligh'y'io\lBMstRessftql--l (ti<Jhhlfk:lt.J5trialrYFhjBlldHeOriRdcaseN8.LUA95-o1.. . ....... ....................................................... ,5.,5....... i....biCk I-lefl(:ll'la. ReglJest..fofconditiondl..USe..Pemlit,..CU..& s4Mt? Staff report by Gary Schmitz. Mr. Hetland is requesting a zone change, land use plan amendment and conditional use permit to facilitate a recycling center at 16501 Highway 10. The recycling center will operate as a redemption center for a variety of metals. Three separate users are currently located at the site; Kober Excavation, JR Tech Automotive, and Marigold Trucking. JR Tech automotive will be moving to the new auto mall and Mr. Hetland would operate the space vacated JR Tech. Gary explained that the zoning ordinance does not provide a definition for a recycling center and is addressed only as recycling of metals in the junkyard definition. Staff suggests the Planning Commission and City Council consider an ordinance amendment which would define "recycling center" and add recycling centers as a conditional use in the 1-1 and 1-2 zoning districts. Gary explained that the zone change would be a logical extension of the 1-1 zoning. He explained that it may be difficult to attract quality C3 users with the close proximity of the NSP RDF plant. Gary noted that there would be no outside storage, but that the applicant requested the ability to store trailers near the rear of the facility which will be used off-site to collect materials. Gary Schmitz added that the land use is currently split, with part of the property being light industrial and part highway commercial. . Planning Commission Minutes February 28, 1995 Page 9 e Gary Schmitz noted that Mr. Hetland is considering purchasing the small adjacent parcel of property. the site of the former Steve's Oil. but is planning to keep it separate from the subject property. Staff recommends approval of the requests. with the conditions outlined in the memo to the Planning Commission. Chair Kuester opened the public hearing for the land use amendment and zone change. Earl Hohlen, 39 Main Street, stated that he is aware of Mr. Hetland's recycling business in Osseo and feels Mr. Hetland does a good job. Chair Kuester closed the public hearing. Mr. Hetland commented that close to 25% of customer calls to his Osseo business come from the Elk River area. demonstrating a need for a recycling center in this area. He feels that a location on the highway is critical to the success of the proposed business. Mr. Hetland stated he is in agreement with staff's recommendations. He added that since he is buying the property with existing tenants. it may be a challenge to clean up the property. . ej Commissioner Minton questioned the status of the other tenants. Mr. Hetland stated that Kober Excavating and the Marigold Trucking are both outside operations. Commissioner Minton questioned what could be done about the messy appearance of the operations. and also, the number of trailers Mr. Hetland plans to store in the back. Mr. Hetland stated that he plans to store 5 -6 trailers outside in the back. Commissioner Minton expressed his concern that other businesses along Highway 10 will request the 1-1 Light Industrial zoning designation. Commissioner Dillon questioned whether or not there would be additional screening along 165th Avenue. Gary Schmitz stated there is limited residential to the west. Commissioner Minton expressed concern that the site be buffered and screened from the C3 property to the east. possibly with evergreen trees. Gary Schmitz stated that there are some options for tree plantings in that particular area. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE AMENDMENT FROM HB (HIGHWAY BUSINESS) TO II (LIGHT INDUSTRIAL) REQUESTED BY MR. DICK HETlAND, PUBLIC HEARING CASE NO. LOA 95-01, CITING THE INFORMATION IN STAFF'S MEMO, THE LAND USE IS CONSISTENT WITH ADJACENT RDF PLANT PROPERTY, AND THE FOLLOWING REASONS, AS FACTS OF FINDING: 1. THE TIMES AND CONDITIONS HAVE CHANGED SINCE THE PROPERTY WAS DESIGNATED HB (HIGHWAY BUSINESS). 2. AN INDUSTRIAL LAND USE WOULD BE MORE COMPATIBLE WITH THE ADJACENT LAND USES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . , Planning Commission Minutes February 28, 1995 Page 10 . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY MR. DICK HETLAND FOR A ZONE CHANGE FROM C3 (HIGHWAY COMMERCIAL) TO 11 (LIGHT INDUSTRIAL), PUBLIC HEARING CASE NO. ZC 95-01, BASED ON THE FOLLOWING REASONS: 1. THE TIMES AND CONDITIONS HAVE CHANGED SINCE THE PROPERTY WAS ZONED C-3. THE NSP RDF PLANT WAS CONSTRUCTED IN 1987 AND IS LOCATED ADJACENT TO THE SUBJECT PROPERTY. THE RDF PLANT HAS MANY SPILLOVER EFFECTS SUCH AS NOISE, ODOR, AND LARGE TRUCK TRAFFIC WHICH MAY MAKE IF DIFFICULT TO ATTRACT QUALITY CONSUMER ORIENTED C-3 USES TO THE SUBJECT SITE. 2. AN 1-1 ZONING DESIGNATION WOULD BE MORE COMPATIBLE WITH THE ADJACENT ZONING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Chair Kuester opened the public hearing for the conditional use permit request. There being no comments from the public, Chair Kuester closed the public hearing. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY MR. DICK HETLAND FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 95-02, TO OPERATE A RECYCLING CENTER FROM THE EXISTING BUILDING LOCATED AT 16501 HIGHWAY 10, BASED ON THE FACT THAT THERE WAS NO PUBLIC OPPOSITION DURING THE PUBLIC HEARING, AND WITH THE FOLLOWING CONDITIONS: 1. ADDITIONAL TREES BE PLANTED ALONG HIGHWAY 10 & 165TH AVENUE TO HELP SCREEN AND GIVE THE BUILDING A AESTHETICALLY PLEASING APPEARANCE. 2. A 6' FOOT, 100% OPAQUE SCREENING BE REQUIRED TO SCREEN THE EXCAVATION AND TRUCKING BUSINESS FROM HIGHWAY 10 AND A LANDSCAPE PLAN BE SUBMITTED FOR THE AREA NORTH AND WEST OF THE EXISTING BUILDING SHOWING HOW THE SITE WILL BE SCREENED WITH NATURAL VEGETATION. 3. THE DUMPSTER ON THE REAR OF THE PROPERTY BE ENCLOSED WITH MATERIALS WHICH ARE COMPATIBLE WITH THE EXISTING BUILDING. 4. THE GENERAL JUNK BE REMOVED FROM THE SITE. 5. ALL OUTDOOR STORAGE REMAIN OUTSIDE OF THE REQUIRED SETBACKS. 6. THAT NO OUTDOOR STORAGE OF METALS BE ALLOWED ON SITE. 7. CONIFERS SHOULD BE PLANTED ON THE NORTHWEST CORNER ALONG HIGHWAY 10 TO ESTABLISH A COMPLETE SCREENING BETWEEN MR. HETLAND' PROPERTY AND THE PROPERTIES TO THE NORTHWEST. . Mr. Hetland commented that the owner of the adjacent property may not appreciate the screening, as it would restrict highway visibility to his property. Planning Commission Minutes February 28, 1995 Page 11 . COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Staff report by Steve Ach. The Steering Committee requested the moratorium be placed on multi-family development until the Committee has concluded its work in updating the Comprehensive Plan, and the City has adopted the appropriate official controls to implement the updated plan. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT ESTABLISHING A MORATORIUM ON MULTI-FAMILY DEVELOPMENT, PUBLIC HEARING CASE NO. OA 95-02. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Reguesffol"tXfEMslorrOfCol1ditiol1aIUsepetmitfofSHoemOke dC@@2..rM . Staff report by Gary Schmitz. The applicant requests a two year extension to the conditional use permit he received on February 1, 1993, which would allow him to excavate a wetland area to create an open water pond in the Royal Oaks Subdivision. The applicant is having difficulty in finding an acceptable route to get the excavating material to County Road 13. Staff feels conditions have not changed to warrant denying the request for an extension. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STEVE SHOEMAKER FOR A TWO (2) YEAR EXTENSION OF HIS CONDITIONAL USE PERMIT, CASE NO. CU 92-25, BASED ON THE FACT THE APPLICANT IS HAVING DIFFICULTY IN FINDING A ROUTE TO REMOVE THE MATERIAL., WITH THE FOLLOWING CONDITIONS: 1. THAT THE ORIGINAL FOURTEEN CONDITIONS REQUIRED WITH THE EXISTING CONDITIONAL USE PERMIT BE INCLUDED WITH THE EXTENSION. 2. AN EXCAVATION/GRADING PERMIT WITH THE CITY OF ELK RIVER BE REQUIRED PRIOR TO ANY WORK BEING CONDUCTED IN THE WETLAND AREA. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. Staff report by Troy Langer. Proposed amendments as follows: . Section 2. E. Language was changed from "other adult oriented businesses" to "sexually oriented land uses" and language regarding "gun repair and/or sales" was added. Planning Commission Minutes February 28, 1995 Page 12 . Section 3. Language referring to the "Zoning Administrator or his agent" was changed to the "City" and language regarding the resolution was changed to read more clearly. Section 5. Language regarding an inspection by the City every three (3) years was eliminated. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Earl Hohlen, 39 Main Street, stated that he saw no reason not to allow home occupations in mobile homes or apartments as long as there were no problems and the business did not cause additional traffic. Discussion followed regarding allowing home occupations in apartments and various other proposed changes in the ordinance amendment. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT TO SECTION 900.25 - HOME OCCUPATIONS, PUBLIC HEARING CASE NO. OA 95-1, AS SUBMITTED BY STAFF, WITH THE FOLLOWING CHANGES IN THE DRAFT: SECTION 900.25 (1) - STRIKE THE WORDS "TO PREVENT UNFAIR COMPETITION WITH BUSINESS DISTRICTS AND" . SECTION 900.25 (2)(E) - STRIKE THE WORD "OR" BEFORE THE WORD "ESCORT", AND THE WORD "OR" BEFORE THE WORDS "GUN REPAIR" SECTION 900.25 (3) - USE OF WORDS "BOARD OF ADJUSTMENTS" BE REVIEWED BY THE CITY ATTORNEY. SECTION 900.25 (3)(A) - ELIMINATE THE WORDS' AS GARAGE SPACE". SECTION 900.25 (3)(H) - ELIMINATE THE WORDS "BE CONDUCTED". SUBSTITUTE THE WORDS "HAVE OUTSIDE EMPLOYEES OR CUSTOMERS ENTER THE HOME". SECTION 900.25 (J) - USE CAPITAL "0" IN THE WORD "ON-SITE" SECTION 900.25 (3) - STRIKE THE WORD "BY" (END OF THIRD LINE, SECOND PAGE). SECTION 900.25 (3) - ADD LANGUAGE TO CLARIFY 'SECTIONS OF THE ORDINANCE TITLED BOARD OF ADJUSTMENTS". COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. Report by Steve Ach. . Planning Commission Minutes February 28, 1995 Page 13 . 6.2..<....... JOlhf Meetil1d"..Plal1r"1ir"lO..cOmrrlissiOn &<park..ar"lCl...Recr eafiOH..cOmmissiOr"I...................<............. Joint meeting of the Planning Commission and the Park and Recreation Commission has been set for March 21. 1995 - also the date of the Planning Commission workshop. It was noted that the Planning Commission will meet jointly with the City Council on Monday, March 6 from 6 p.m. to 7 p.m.. Commissioners Judy Thompson and Tom Dillon will attend the National Planning Conference. COMMISSIONER MINTON MOVED TO RECOMMEND THAT THE CITY COUNCIL REQUEST AN ORDINANCE AMENDMENT TO ZERO LOT DEVELOPMENT AS A PERMITTED USE IN ALL ZONING DISTRICTS AS LONG AS CROSS-ACCESSjCROSS-TRAFFIC CONDITIONS HAVE BEEN ADDRESSED FOR TRAFFIC MOVEMENT. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COMMISSIONER SULLIVAN-SLOCUM MOVED TO RECOMMEND THAT THE CITY COUNCIL REQUEST AN ORDINANCE AMENDMENT CREATING A NEW DEFINITION FOR RECYCLING CENTER AND ADDING RECYCLING CENTERS AS A CONDITIONAL USE IN THE 1-1 (LIGHT INDUSTRIAL) AND 1-2 (MEDIUM INDUSTRIAL) ZONING DISTRICTS. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 10:00 p.m. Respectfully submitted, ~''f)J.04tPJ Debbie Kleckner Planning Secretary ..