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09-26-1995 PC MIN &~m@WE~ . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 26, 1995 Members Present: Chair Kuester, Commissioners Dillon, Kreger, Minton, Sullivan and Thompson Members Absent: Commissioner Tacheny Staff Present: Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant; 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 p.m. by Chair Kuester. . COMMISSIONER THOMPSON MOVED TO APPROVE THE SEPTEMBER 26, 1995 PLANNING COMMISSION AGENDA. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The following correction was noted: Page 6 - motion does not state which Commissioner seconded the motion. COMMISSIONER MINTON MOVED TO APPROVE THE AUGUST 22, 1995 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. ........",..............................-..............-...........................................--- -- ----.................................""'............""...............-.-.-.--.--. ......."..........................................................................................-..--......................................"...............",..................-..----. .4.;........... .. Plor1riMd..Cdmmission.. Re6tesehfdtiVefO..dfferid....l0 11. 6/r;S..CifV..CdOdCil Meefihd....... Commissioner Dillon will attend the 10/16/95 City Council meeting, in place of Chair Kuester. 5;1.R~AtlewdrW::lCbmmel"ltbhMiSSiSSi8biRivertt&htPdthw8vFM8MkBFc8h8~8tFH8h$ . Steve Ach introduced Michael Schroeder of Hoisington Koegler Group, Inc. Mr. Schroeder noted that input from neighborhood residents, high school students, the Chamber of Commerce and various boards and committees was incorporated into the design of the project. Mr. Schroeder reviewed the design drawings, noting locations of the biking/pedestrian pathways, water fountain, dock, band shell/amphitheater, "fish" light posts, etc. Mr. Schroeder explained how the design attempts to make connections with some of Elk River's history Planning Commission Meeting Minutes September 26, 1995 Page 2 . such as Abner Lero's garden, the Handke stadium(rock work), the former hardware store and band shell. The proposed dock would be an environmental testing site for students. Mr. Schroeder explained that the riverfront pathway project is an opportunity to show Elk River as a part of the Mississippi River community. Mr. Schroeder stated at this point they want to be sure everyone understands the project and will be making final adjustments on the concept plans based on input received. Commissioner Minton expressed his support for the concept plans and also, that he liked the fact that ideas from the community were incorporated into the design. There was a consensus of the Planning Commissioners to proceed forward with the concept plans for the riverfront pathway project. Mr. Schroeder stated that the grade of the parking area will be reduced to meet ADA requirements. Chair Kuester noted that a letter was received by each member of the Planning Commission from L.M. Robinson, indicating support of maintaining the 10 acre minimum lot size in the A-l (Agricultural) zoning district. . .................-..-._--.----------------_..........................."""""""".....----..."............................--_........................... p~2.VoriCn1CeRea0estbV'DehntsRromedF%bliCHeofjndcoseN8.V9s..8 Staff report by Kendra Lindahl. Dennis Kramer, 20789 Meadowvale Road, is requesting a 2,800 square foot variance to exceed the maximum size of accessory structure area. Mr. Kramer would like to construct a 40' by 60' detached metal pole building to store his collection of older tractors. Mr. Kramer currently has a 40' by 60' detached garage on the property. The maximum size of accessory structure area in the Rl a zoning district is 2,000 square foot. The total accessory structure area, if the variance is approved, would equal 4,800 square feet, or 2,800 square feet greater than the ordinance allows. Kendra explained that, at the direction of the City Council, staff will be proposing an ordinance amendment that would increase the maximum area of accessory buildings in the A-l district to 3,440 square foot, and 2,440 square feet in the R 1 a district (an increase of 440 sq. ft. in each district). Kendra noted even if this amendment were in place today, Mr. Kramer would exceed the maximum area by 1,360 square feet. . Dennis Kramer, applicant, stated he felt there would be less clutter and outdoor storage of boats, RV's, and vehicles Elk River residents were allowed to have more accessory structure area. Mr. Kramer explained that he owns a total of 23 acres which is taxed agricultural and is zoned residential. He felt his property should be zoned agricultural. He felt his request was reasonable and if the request was denied, he would be forced to discontinue his hobby of collecting antique tractors. Planning Commission Meeting Minutes September 26, 1995 Page 3 . Chair Kuester opened the public hearing. Dale Mordahl, 21059 Meadowvale Road, expressed his support for his neighbor, Mr. Kramer's request. He stated that he also collects tractors and stressed the importance of indoor storage. He stated that collecting antique tractors was a way of preserving Elk River's past. Arne Engstrom, 20800 Meadowvale Road, stated he farms 100 acres to the west of Mr. Kramer's property. Mr. Engstrom explained that Mrs. Kramer (his sister) owns the 23 acres east of County Road 32 and he owns 32 acres on the west side of County Road 32, and that both parcels are part of the original 80 acres purchased by their grandparents in 1889. Mr. Engstrom explained that the reason Mr. Kramer's property was 2 separate parcels was because the properties were purchased at two different times. He felt that the proposed building would have no adverse affect on adjacent properties because it was heavily wooded. Mr. Engstrom stated quality of life means different things to different people. He felt that being able to continue collecting tractors was part of Mr. Kramer's quality of life. Chair Kuester closed the public hearing. . Commissioner Kreger questioned whether the ordinance would allow placement of an accessory structure on a vacant piece of property. Steve Ach explained that the principal structure would have to be constructed first, which would be a single family home. Commissioner Minton stated that he did not see any way the Planning Commission could approve this variance and that the only way the structure could be allowed would be if the zoning were changed to agricultural. Discussion followed regarding the proposed ordinance amendment increasing the size of allowed accessory structure and the affect this ordinance would have on Mr. Kramer's request. COMMISSIONER MINTON MOVED TO RECOMMEND DENIAL OF THE VARIANCE REQUEST BY DENNIS KRAMER, PUBLIC HEARING CASE NO. V 95-18, BASED ON THE LACK OF FACTS TO SUPPORT THE ORDINANCE REQUIREMENTS FOR APPROVAL OF A VARIANCE, AND URGED THAT THE PROPOSED ORDINANCE AMENDMENT BE EXPEDITED TO INCREASE THE AMOUNT OF ACCESSORY STRUCTURE AREA ALLOWED ON LOTS WITH AN AGRICULTURAL NATURE. COMMISSIONER SULLIVAN SECONDED THE MOTION. Chair Kuester asked that Mr. Kramer continue to work with staff regarding his request for an accessory structure. Commissioner Kreger explained that the Planning Commission would like to approve Mr. Kramer's request, but that according to the city ordinance, there are not enough facts to support the variance, and also, that state law requires them to follow the ordinance. . THE MOTION CARRIED 6-0. Planning Commission Meeting Minutes September 26, 1995 Page 4 . Staff report by Kendra Lindahl. Karen Geissler is requesting a conditional use permit to operate an upholstery business out of her home located at 58 NW 6/12 Street. This business requires a conditional use permit because some of the equipment used in the business is not normally found in a home, such as industrial sewing machine. The applicant will pick up and deliver all merchandise to customers' homes. Kendra noted that the city approved two similar home occupations in the past and that the city's planning and zoning departments have not received any complaints regarding either business. Karen Geissler, applicant, stated that she will be working in the basement of her home, and that the noise from the equipment cannot be heard outside the home. Chair Kuester opened the public hearing. There being no comments from the public hearing, Chair Kuester closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A HOME OCCUPATION REQUESTED BY KAREN GEISSLER, PUBLIC HEARING CASE NO. CU 95-18, WITH THE CONDITIONS LISTED IN STAFF'S MEMO AS STATED BELOW, AND BASED ON THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING: . 1. HOURS OF OPERATION BE FROM 7 A.M. TO 10 P.M. AS PER CITY CODE. 2. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED. 3. SIGNAGE BE LIMITED TO TWO SQUARE FEET AND MOUNTED FLAT ON THE WALL OF THE DWELLING. 4. A MAXIMUM OF ONE FULL TIME EMPLOYEE OR EQUIVALENT, OTHER THAN THOSE PERSONS WHO CUSTOMARILY RESIDE ON THE PREMISES, SHALL BE EMPLOYED. 5. IF VALID COMPLAINTS ARE RECEIVED, THIS ITEM WILL BE BROUGHT BACK BEFORE THE PLANNING COMMISSION AND CITY COUNCIL FOR REVIEW. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5M. tv1c()~ptlld'sRest(jUrdht/~~P~F88~s,Ir1F.~~dG~stfor(j$?t%jiti6R(jlQseP~rfilit AmendmentpGolicHearinaCaseNB.CI..l<J5"'19.... ./............ ....... .. . .... Staff report by Steve Ach. McDonald's restaurant is requesting an amendment to their conditional use permit to expand their existing restaurant facility by adding a 1,428 square foot playland addition. Steve noted a request had been received for additional screening of the restaurant from the residential to the east. . Planning Commission Meeting Minutes September 26, 1995 Page 5 . Chuck Adams of McDonald's, requested that the plans be modified slightly to allow for a 15 foot curb radius to help control problems with semi trucks pushing large rocks into the ground. He stated he would be willing to work with the city on some additional landscaping on the east side of the property. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Discussion followed regarding the exterior appearance of the proposed addition. Mr. Adams stated that the lower portion of the addition would be done in a broken face block. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION APPROVE THE REQUEST BY MCDONALDS RESTAURANT FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 95-19 CITING INFORMATION IN STAFFS MEMO AS FINDINGS OF FACT WITH CONDITIONS AS FOLLOWS: 1. THE APPLICANT SUBMIT FOUR SETS OF PLANS TO THE BUILDING DEPARTMENT FOR REVIEW AND APPROVAL AND ISSUANCE OF A BUILDING PERMIT PRIOR TO CONSTRUCTION. 2. ALONG WITH THE REVISED SETS OF PLANS, A LANDSCAPE PLAN, ILLUSTRATING THE REVISIONS TO THE LANDSCAPING ALONG DODGE AVENUE BE PROVIDED AND APPROVED BY STAFF. . 3. ADDITIONAL LANDSCAPING BE PROVIDED ON THE EAST SIDE OF THE PARKING LOT TO SCREEN THE RESTAURANT FROM THE RESIDENTIAL AREA. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Sullivan cited a conflict of interest on this request. . Staff report by Gary Schmitz. Richard Books is requesting a conditional use permit to operate a printing business out of the lower level of his home located at 20622 Elk Lake Road. The business will involve taking orders from customers, printing on site, and delivering the materials to the customers. Mr. Books and his wife will be the only employees of the business. A conditional use permit is required due to the fact that the equipment (Le. printing press) used in the business is not typically found in a home. Also, the applicant is requesting a free-standing 4' x 4' sign. Mr. Books plans are that if the business grows and more space is required, he will move to a commercial zoning designation at that time. Hours of operation will be 8 a.m. to 6 p.m., Monday through Saturday. Staff's only concern is the solutions used in the printing process and disposal of the solutions. Staff does not have a problem with the 4'x4' sign as long as it is located outside of the road right-of-way and is under five feet in height. More information may be needed on the solutions and if it is determined the solutions are hazardous, issuance of a conditional use permit will need to be re- evaluated. Planning Commission Meeting Minutes September 26. 1995 Page 6 . Mr. Books, applicant, reviewed the information he presented to the Planning Commission regarding the amounts, use and disposal of solutions used in his printing business. Commissioner Minton questioned if the solutions are determined to be "hazardous", would the conditional use permit be denied. Gary Schmitz explained that if there are no viable disposal options, the permit would be denied in accordance with the city's zoning ordinance. Commissioner Dillon stated he would like more information on the solutions Mr. Books was disposing of by pouring them down the drain into his septic system. Also, he questioned whether it was legal to burn the rags used in cleaning the press in a burn barrel. Mr. Books stated that he also could use shop rags to clean the press and have the rags cleaned by a service and returned to him. . Commissioner Kreger stated that even if a product is water soluble, it does not mean it is not hazardous. He noted that it is illegal to burn rags in a burn barrel and felt the rag itself would be considered a hazardous material since the press wash is likely to be an volatile organic compound or solvent. He asked that Mr. Books submit Material Safety Data sheets for the developer, fixer and press wash and either use all soy-based inks or submit Material Safety Data sheet on the inks as well. Commissioner Kreger asked that Mr. Books no longer burn the rags but find an alternative method for disposal, possibly through the NSP RDF facility. Commissioner Kreger also requested that Mr. Books not put the developer and fixture solutions down the drain unless the Material Safety Data sheets for these products specifies septic system disposal is safe. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Gary Schmitz stated that staff will research the city's ordinance for a definition of "hazardous" materials for a home occupation, as well as obtain information from the city's consultant on environmental issues. COMMISSIONER KREGER MOVED TO CONTINUE THE PUBLIC HEARING TO THE OCTOBER 24, 1995 PLANNING COMMISSION MEETING, FOR THE REQUEST BY RICHARD BOOKS FOR A CONDITIONAL USE PERMIT, CASE NO. CU 95-20. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Staff report by Kendra Lindahl. David Barents is requesting an amendment to Conditional Use Permit Case No. 91-7 which would allow him to keep two (2) horses on his property located at 1910 1 Tyler Street. Mr. Barents received a conditional use permit in 1991 which allows him to keep one horse on his property. When the city received a complaint that he had more than one horse, staff investigated and found that he did in fact have two horses. Mr. Barents was advised that he could either remove the second horse from the property or apply for an amendment to his conditional use permit. The Barents' property is 3.66 acres in size, but 1.03 acres is in the highway right-of-way, leaving Planning Commission Meeting Minutes September 26, 1995 Page 7 . 2.63 usable acres. The ordinance requires a conditional use permit for agricultural uses in the R 1 a zone for parcels under 5 acres, and, limits one horse per acre of pasture land (based on MPA standards). One acre is generally needed to deal with odor, waste and overgrazing problems. The Barents currently have just under 1 acre of pasture. A letter was sent to Mr. Barents on August 23rd and during a phone call from the Barents, more information on waste and pasture size was requested. Staff received no response from the Barents. Staff feels this request does not meet the seven standards for a conditional use permit and recommends denial of the request. Chair Kuester opened the public hearing. Dave Burandt, 19118 Tyler Street, did not have a problem with Mr. Barent's request and noted there are agricultural uses surrounding Mr. Barent's property. Mr. Burandt questioned how long it would be before he and his neighbors were forced to discontinue their agricultural uses on their property. There being no other comments from the public, Chair Kuester closed the public hearing. . Commissioner Kreger stated that he felt the conditional use permit could be approved upon the condition that Mr. Barrents secure the additional 1 acre pasture land. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REQUEST FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT BY DAVID BARENTS, PUBLIC HEARING CASE NO. CU 95-21, CITING THE CLARITY OF THE ORIGINAL CONDITIONAL USE PERMIT TO ONLY ALLOW ONE HORSE ON THE PROPERTY, AND ALSO CITING THE REASONS STATED IN STAFF'S MEMO AS FOLLOWS: 1. THE ADDITION OF THE SECOND HORSE WILL EXCEED THE MPCA STANDARD OF ONE HORSE PER ACRE OF PASTURE LAND. IF THE AMENDMENT IS GRANTED, IT WILL DOUBLE THE NUMBER OF HORSES PER ACRE AND COULD DETRIMENTALLY AFFECT THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE NEIGHBORHOOD. 2. THE INCREASE IN ODOR CAUSED BY THE ADDITIONAL HORSE ON THE SMALL LOT COULD CAUSE ODOR PROBLEMS WHICH WILL BE DETRIMENTAL TO SURROUNDING PROPERTY OWNERS. 3. THE ORIGINAL CONDITIONAL USE PERMIT (CU 91-07) WAS CLEAR ABOUT LIMITING MR. BARENTS TO ONE HORSE ON THE SITE. 4. THE APPLICANT'S PROPERTY IS ADJACENT TO THE CURRENT URBAN SERVICE AREA AND MAY, THEREFORE, BE INAPPROPRIATE TO HAVE MORE HORSES ON THE PROPERTY THAN ALLOWED BY ORDINANCE. . Planning Commission Meeting Minutes September 26, 1995 Page 8 . COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-1. COMMISSIONER KREGER OPPOSED. Chair Kuester noted that Items 5.13., 5.14, and 5.15. will be tabled until the next regular meeting of the Planning Commission on October 24, 1995. staff report by Steve Ach. R.E.P. Ltd. of Elk River is requesting a conditional use permit to operate an education institutional use in the C3 (Highway Commercial) zoning district (Lot 1, Block 1, Auburn Commons 2nd Addition). The police department recommended that the site design and landscaping be done in a manner that will not encourage loitering, and at the same time provide a safe environment. Gary Santwire, representing R.E.P. Ltd. of Elk River, explained that they are requesting the conditional use permit, not the school district. He noted the landscaping plan would be completed in 1995. Mr. Santwire requested that two conditions of approval be added as follows: 5) The recommendations from the police department be included in the site plan. . 6) The use of the property will cause no adverse effects on any of the surrounding property owners. Chair Kuester questioned whether or not buses would be used at the site and if there was room for turning around in the parking lot. Mr. Santwire stated that a limited amount of busing would be done and there was room for the buses to turn around in the parking lot. Steve Ach noted that a call was received from a neighboring property owner, requesting that something be done to prevent the berm area east of the parking lot from eroding in the spring. He suggested adding a condition that this area be stabilized with sod this fall. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Commissioner Minton questioned if there was curbing at the north end of the parking lot. Steve Ach explained that the ordinance allows a bituminous curb if there may be plans to expand the parking lot. Mr. Santwire explained that there would be a bituminous curb at the north end of the parking lot and the rest of the lot has concrete curb, except for a small opening in the southeast corner where the drainage runs. . COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY R.E.P. LTD. OF ELK RIVER FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 95-22, CITING THE FACT THERE WAS NO Planning Commission Meeting Minutes September 26, 1995 Page 9 . OPPOSITION DURING THE PUBLIC HEARING, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE HOURS OF OPERATION BE LIMITED TO 7:00 A.M. TO 9:00 P.M. EACH DAY OF THE WEEK. 2) THE APPLICANT PROVIDES STAFF WITH A LANDSCAPE PLAN ILLUSTRATING THE PROPOSED LANDSCAPING THAT WILL BE COMPLETED AS PART OF THE VARIOUS SITE IMPROVEMENTS. 3) ADDITIONAL DRAINAGE INFORMATION WILL NEED TO BE PROVIDED IDENTIFYING THE DRAINAGE OF THE PARKING AREA AND ITS DIRECTION OF FLOW AS IT LEAVES THE PROPERTY. 4) ALL OF THE INTERIOR IMPROVEMENTS TO THE BUILDING BE COORDINATED WITH THE CITY'S BUILDING OFFICIAL IN ORDER TO MEET ALL BUILDING CODE REQUIREMENTS. 5) THE COMMENTS FROM THE POLICE DEPARTMENT BE INCORPORATED TO THE EXTENT AS POSSIBLE, AS DESCRIBED IN THE MEMO TO THE PLANNING COMMISSION DATED SEPTEMBER 20, 1995. 6) ANY COMPLAINTS REGARDING THIS SITE MAY RESULT IN CITY COUNCIL REVIEW OF THIS PERMIT. 7) THE LANDSCAPING FEATURES BE COMPLETED THE FALL OF 1995. . COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.8. Variance Request bv Gina Havron, Public Hearinq Case No. V 95-11 Staff report by Gary Schmitz. Gina Havron is requesting a 24 foot variance to the required road frontage of 160 feet in the R 1 a zoning district. The subject property is located at 13160 Ranch Road. Ms. Havron is proposing an administrative subdivision to divide a 24.59 acre parcel into a 14.59 acre parcel (Parcel A) and a 10 acre parcel (Parcel B). Each proposed lot has 136.4 feet of road frontage, which is 24 feet short of the City's required road frontage. Staff feels there are adequate findings to grant the variance and recommends approval of the variance request. 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 THE VARIANCE REQUEST BY GINA HAVRON, PUBLIC HEARING CASE NO. V 95-11, BASED ON THE FINDINGS IN STAFF'S MEMO AS FOLLOWS: . 1. THE UNIQUE SHAPE OF THE LOT AND SURROUNDING WETLANDS POSE A PHYSICAL HARDSHIP IN SUBDIVIDING THE PARCEL. THE FLAG SHAPE WITH THE BULK OF THE PROPERTY TO THE REAR, LIMITS THE APPLICANT'S DEVELOPMENT POTENTIAL IN A ZONING DISTRICT THAT ALLOWS SMALLER RURAL LOTS. THE FLAG SHAPE ALSO PRECLUDES A PUBLIC STREET FROM BEING CONSTRUCTED TO MEET THE FRONTAGE REQUIREMENT AS IT WOULD RESULT IN A LONG DEAD END STREET Planning Commission Meeting Minutes September 26, 1995 Page 10 . (ALSO REQUIRING A VARIANCE). THE ABILITY TO EXTEND THE PUBLIC STREET TO TIE IN WITH AN EXISTING STREET IS LIMITED BY NEIGHBORING LOWLANDS AND WOULD INVOLVE THE COOPERATION FROM OTHER PROPERTY OWNERS. 2. THE PROPOSED ADMINISTRATIVE SUBDIVISION IS A REASONABLE USE OF THE PROPERTY. THE PROPERTY IS QUITE LARGE (24.59 ACRES) AND THE MINIMUM LOT SIZE IS ONLY 2-1/2 ACRES. THEREFORE, A 14.59 ACRE PARCEL AND A 10 ACRE PARCEL WOULD NOT BE OUT OF CHARACTER FOR THE AREA. 3. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE AREA AND IS KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. ONE OF THE PURPOSES OF THE MINIMUM LOT WIDTH IN THIS ZONING DISTRICT IS TO DISPERSE THE DRIVEWAY ACCESS POINTS ONTO PUBLIC STREETS. THE APPLICANT HAS INDICATED THAT NO NEW DRIVEWAYS WOULD BE CONSTRUCTED ON THE NEW PARCEL AND AN EASEMENT WOULD BE GRANTED TO USE THE EXISTING DRIVEWAY. 4. GRANTING THE VARIANCE WOULD NOT CONVEY ANY SPECIAL PRIVILEGES TO THIS PROPERTY OWNER THAT OTHER PROPERTY OWNERS IN THIS AREA WOULD NOT HAVE WITH A SIMILAR SIZED PARCEL IN TERMS OF NUMBER AND SIZE OF PROPOSED LOTS. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.9.V8B8ncek&dUesfBVDehnisBdckes/pUIS1t3H&8tlnHCtlSEiRl8.V95",,10 . Staff report by Gary Schmitz. Dennis Backes, developer of Meadowvale Heights, is requesting a 20 foot shoreland setback variance from an unnamed tributary and a five foot front yard setback variance from 192-1/2 Lane in order to construct homes on Lots 3 and 4, Block 2, Meadowvale Heights 2nd Addition. The stream/ditch is a DNR protected tributary stream which mandates a 50 foot structure setback from the ordinary high water mark. Gary Schmitz reviewed the history of the ditch crossing/relocation issue and confusion over jurisdiction. The end result was that the DNR was not in favor of relocating the stream/ditch to the south of the Meadowvale Heights 2nd Addition subdivision because it would involve the removal of a stand of oak trees, and also, the excavation of a small hill which would likely cause erosion problems in the future. Dan Lais, DNR Area Hydrologist, does not have a problem with the variance as proposed. Staff feels there are adequate findings to grant the variance from the stream and front property line. Dennis Backes, developer of Meadowvale Heights, stated he felt the confusion on this matter was due to him, and not the City staff. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DENNIS BACKES, PUBLIC HEARING CASE NO. V 95-10, CITING THE FINDINGS IN STAFF'S MEMO AS FOLLOWS, AS WELL AS THE LETTER FROM LOUCKS & ASSOCIATES, INC. DATED AUGUST 29, 1995: . Planning Commission Meeting Minutes September 26, 1995 Page 11 . 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP BY CREATING A SITUATION WHERE LEGAL LOTS OF RECORD WOULD BE UNBUILDABLE. 2. A STREAM SETBACK VARIANCE AND MINOR FRONT YARD SETBACK VARIANCE ARE A MORE ENVIRONMENTALLY SOUND ALTERNATIVE TO THE OTHER OPTION OF RELOCATING TH,I: STREAM/DITCH. RELOCATION OF THE STREAM WOULD REQUIRE THE REMOVAL OF A STAND OF OAK TREES WHICH PROVIDES A BUFFER BETWEEN THE SUBDIVISION AND RAILROAD TRACKS. THE RELOCATION OF THE STREAM/DITCH WOULD ALSO INVOLVE THE EXCAVATION OF A SMALL HILL THAT WOULD LIKELY LEAD TO AN EROSION PROBLEM IN THE FUTURE. . 3. THE VARIANCE WAS CAUSED BY A UNIQUE CIRCUMSTANCE STEMMING FROM CONFUSION BETWEEN THE DEVELOPER, CITY, COUNTY AND DNR REGARDING JURISDICTION OF THE STREAM/DITCH WHEN MEADOWVALE HEIGHTS WAS PLATTED IN 1993. IT WOULD NOW BE VERY DIFFICULT TO TRY AND REMEDY THIS SITUATION DUE TO THE FACT THAT THE INFRASTRUCTURE RELATED TO THE SUBDIVISION IS ALREADY IN PLACE (I.E. STREETS, SEWER AND WATER LINES, ETC.) 4. THE VARIANCE WOULD NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED. BOTH LOTS 3 AND 4, BLOCK 2, MEADOWVALE HEIGHTS SECOND ADDITION ARE BUFFERED ON BOTH THE EAST AND WEST SIDE BY A WETLAND. DUE TO THE DISTANCE BETWEEN THE ADJACENT HOMES WITHIN THE PLAT -APPROXIMATELY 150 FEET - THE SETBACK VARIANCES WILL BLEND WITH ADJOINING NEIGHBORS AND NOT BE OUT OF CHARACTER FOR THE PARTICULAR AREA. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. staff report by steve Ach. Novco, Inc. is requesting a conditional use permit to construct a second principal structure and operate a truck terminal on an industrial lot, Lot 4, Block 1, in the Rail 1 0 Industrial Park. In 1993, Novco, Inc. received site plan approval for a 2,560 square foot building to be used for storage and warehousing. The proposed second principal building (26' x 20') will serve as an office area. Staff believes a better interpretation of the current operation is a truck terminal; therefore, this conditional use permit has been expanded to include a truck terminal, as well as the second principal use. Staff has requested information regarding the existing septic system to ensure the proposed building does not interfere with its operation. Further, staff recommends that installation of the bituminous surfacing and landscaping requirements of the 1993 site plan approval be a condition of approval for this conditional use permit, and that the improvements be installed prior to June 1 st of 1996. Staff also recommends that the applicant install curb and gutter along with the paving of their parking and drive areas. . Harold Novotny, applicant, provided information regarding the septic system. Mr. Novotny stated that he felt the 3-1/2" to 4" of millings used on the drive isles and parking area better serve the use and that bituminous surfacing is not necessary. Planning Commission Meeting Minutes September 26, 1995 Page 12 . Discussion followed regarding the parking surfacing and landscaping requirements. Mr. Novotny questioned when the street would be finished that goes down to the cul-de-sac at his property. Steve Ach stated that a petition by the property owners for the improvements would start the process. Chair Kuester opened the public hearing. There were no comments from the public. Commissioner Kreger suggested that the site plan be updated to show the location of the trees and parking area being used. COMMISSIONER MINTON MOVED THAT THE PUBLIC HEARING FOR THE REQUEST BY NOVCO, INC. FOR A CONDITIONAL USE BE CONTINUED UNTIL THE OCTOBER 24, 1995 PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. Chair Kuester recommended curbing on the side of the second building, since the septic system was located there and would prevent expansion. THE MOTION CARRIED 6-0. . Staff report by Gary Schmitz. Independent School District #728 is requesting a conditional use permit to construct a 21,000 square foot public works building on Lot 8, Block 1, Elk River Industrial Park. The site is currently vacant parcel owned by the City of Elk River Economic Development Authority (EDA). As a result of an EDA hearing on May 8, 1995, the EDA proceeded with sale of the property to the school district. A second meeting was held by the EDA to review the site plan on September 11, 1995. Concerns of the EDA included landscaping the loading dock, berming and outdoor storage issues. Currently the school district uses space in the City of Elk River's maintenance facility. Gary Schmitz reviewed site plan issues regarding parking and drives, drainage and grading, landscaping, architectural standards, outdoor storage and signage. Staff recommends approval of conditional use permit with the 8 conditions as stated in the memo to the Planning Commission. Ron Bratlie, representing School District #728, reviewed the eight conditions in staff's memo and how the school district intended to comply with those conditions. Chair Kuester opened the public hearing. . Dick Pommeroy, 19031 Triangle Road, property owner across the road from the proposed project, expressed his opposition the maintenance facility citing the following reasons: Planning Commission Meeting Minutes September 26, 1995 Page 13 . . not appropriate use in an industrial park . unsightly outdoor storage . generates no taxes Chair Kuester questioned whether or not Mr. Pommeroy spoke during the EDA hearing. Mr. Pommeroy stated that he was not aware of the request until he received the Planning Commission public hearing notice last week. Steve Ach indicated that EDA meetings are posted and are not normally published in the newspaper. Discussion followed regarding screening of the subject property. Mr. Pommeroy expressed his concern that a maintenance facility will detract from his property. Chair Kuester closed the public hearing. COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY INDEPENDENT SCHOOL DISTRICT #728, PUBLIC HEARING CASE NO. 95 CU-24, CITING FINDINGS OF FACT AS LISTED IN STAFF'S MEMO TO THE PLANNING COMMISSION, AND ONE ADDITIONAL CONDITION AS FOLLOWS: 1) A DRAINAGE AND GRADING PLAN BE REVIEWED AND APPROVED PRIOR TO ISSUANCE OF A BUILDING PERMIT. . 2) AN UPDATED LANDSCAPE PLAN INDICATING MORE PLANTINGS ON THE BERM TO SCREEN THE LOADING DOCKS BE PREPARED PRIOR TO THE CITY COUNCIL MEETING. THE LANDSCAPE PLAN SHOULD ALSO INCLUDE SIZE AND SPECIES OF TREES TO BE PLANTED, LOCATION OF UNDERGROUND IRRIGATION, AND SOD AND SEED AREAS. 3) ALL CONCERNS OF THE EDA BE INCORPORATED INTO THE SITE PLAN. 4) THE ENTIRE PARKING AREA AND DRIVES WITH THE EXCEPTION OF THE SOUTH SIDE OF THE PARKING AREA BE BOUND WITH B612 CONCRETE CURB AND GUTTER. 5) A PAINTED ACCENT STRIPE OR OTHER DECORATIVE FEATURE BE CONSIDERED AROUND THE ENTIRE BUILDING IN ORDER TO GIVE THE BUILDING A MORE AESTHETIC APPEARANCE. 6) THE LOCATION OF A TRASH ENCLOSURE BE IDENTIFIED ON SITE. THE ENCLOSURE MUST BE LARGE ENOUGH TO ACCOMMODATE RECYCLABLE MATERIAL AND SHOULD BE COMPATIBLE WITH THE PROPOSED BUILDING. 7) IF I.S.D. #728 PLANS ON HAVING A SCREENED OUTDOOR STORAGE AREA, A LANDSCAPE AND SCREENING PLAN MUST BE REVIEWED AND APPROVED BY STAFF PRIOR TO IMPLEMENTATION. . 8) IF THIS APPLICATION IS APPROVED 4 SETS OF REVISED PLANS MUST BE DELIVERED TO CITY HALL PRIOR TO ISSUANCE OF A BUILDING PERMIT. Planning Commission Meeting Minutes September 26, 1995 Page 14 . 9) THE APPLICANT SHALL INCLUDE PLANS FOR ADEQUATE SCREENING TO BETTER PROTECT THE NEIGHBORING INDUSTRY. ALSO, A PUBLIC HEARING WAS HELD AND OPPOSITION FROM ONE PROPERTY OWNER WAS HEARD. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Ach. DMV Mall Corporation is requesting a preliminary plat to subdivide approximately 20 acres into one industrial lot and one outlot. The property is located at the southwest corner of Business Center Drive and Joplin Street. The preliminary plat involves the creation of one 3-acre parcel and the extension of a public road to serve a prospective manufacturing use. The proposed plat is actually Outlot A of the original Country Crossing Business Center plat. The developers of Country Crossing Business Center are considering completing the extension south of Business Center Drive this year, and therefore, the plat would be modified to include an additional 200 feet of right-of-way south of the existing termination point. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. . Commissioner Minton requested that adequate buffering be included in the site plan to screen the site from the Sandpiper Estates subdivision. COMMISSIONER SULLIVAN MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT REQUEST BY DMV MALL CORPORATION, PUBLIC HEARING CASE NO. P 95-6, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED, OUTLINING THE TERMS AND CONDITIONS OF PLAT APPROVAL AND INSTALLATION OF PUBLIC UTILITIES. 2. ALL COMMENTS IN TERRY MAURER'S MEMO DATED 9/19/95 BE INCORPORATED FOR APPROVAL OF THE PRELIMINARY PLAT. 3. A STORM DRAINAGE IMPACT FEE IN THE AMOUNT OF $741.60 PER ACRE BE PAID PRIOR TO THE RELEASE OF FINAL PLAT FOR RECORDING. 4. A WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER UTILITIES IN THE AMOUNT OF $300 PER LOT PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING. 5. THE PRELIMINARY PLAT BE REVISED TO REFLECT THE EXTENSION OF THE PROPOSED STREET SOUTH OF BUSINESS CENTER DRIVE ALONG WITH THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS TO ALLOW THE EXTENSION AND LOOPING OF PUBLIC UTILITIES. . Planning Commission Meeting Minutes September 26, 1995 PagelS 6. A COMPLETE GRADING PLAN FOR THE BUSINESS PARK BE SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND APPROVAL. . COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.11, a;ii;;I;;;je;.II;;.;~;;!;;r"IIl'i,rllilliA 5.12. 5.13. COMMISSIONER MINTON MOVED TO TABLE THESE ITEMS TO THE OCTOBER 24,1995 PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . steve Ach explained a request was presented to the Council during the Open Mike portion of the September 18, 1995 City Council meeting, by Dennis Chuba and Richard Kincanon. The request is to construct a 4,000 square foot office building at the southwest corner of Waco Street and Highway 10. This property is located within the urban service area and is subject to the ordinance requirement that commercial development hook up to sewer and water. The Council discussed this item and suggested that the Planning Commission discuss the issue of development within the urban service area without city water and sewer and make a recommendation to the City Council. Commissioner Kreger felt the Council was looking for comments on how city policy should deal with development within the urban service area without water and sewer, and not specifically for this request. Commissioner Sullivan stated she had a conflict of interest on this issue and retired from discussion. Craig House, attorney representing Dennis Chuba, Richard Kincanon, and AI Stewart, explained the ASCS office is interested in locating in Elk River near the government center. AI Stewart was awarded the bid to build a 4,200 square foot building to house the ASCS office. Mr. House stated the property was rezoned in 1980 to C3 and no development has taken place. The ordinance states that in order to develop the property, they must hook up to city water and sewer, which is not available. The property owners are paying approximately $2,000 a year in taxes and cannot utilize the property. Mr. House presented 3 concepts for developing the site: 1 ) Establish standards to allow development under the existing conditions i.e., a variance. The conditions would likely become a policy that the City would use in order to consistent throughout the City. The proposed conditions are as follows: . The building to be constructed would be consistent with the intended use of the property; Planning Commission Meeting Minutes September 26, 1995 Page 16 . The development be consistent with the City's Growth Management Plan; The development be consistent with the surrounding property; There be an agreement to access water and sewer when it becomes available; there be an agreement that would be binding upon successive property owners and a cash bond be required to secure the agreement. To exempt the property from the urban service area. 2) 3) Extend water and sewer to the property. Commissioner Minton stated he felt option 1 was appropriate but that he felt an ordinance amendment would be necessary, rather than a variance. One of the conditions would be that an opportunity exists for commercial or development, and not extend it to residential development. He was in agreement with the other conditions as proposed. Commissioner Kreger expressed his agreement with Commissioner Minton's comments. He stated the City Attorney would be researching the issue of a binding agreement and cash surety bond. He stated that he would be in favor of this concept being included in the Comprehensive Plan, and that an ordinance amendment be could be drafted to incorporate the change. '. Tom Dillon stated he was in agreement with Commissioner Minton. He stated that placing a property in an urban service district and not extending services land-locks the property and prevents the owner from using the property. He felt it would not be possible to implement Solution 1 in time for the property owners to develop their site. He felt it would be injurious for the City to not be flexible to the needs of people in the urban service district to be able to develop their property, when city water and sewer is not available. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND THE CITY COUNCIL INITIATE AN ORDINANCE AMENDMENT TO ALLOW DEVELOPMENT OF COMMERCIAL AND INDUSTRIAL PROPERTY IN THE URBAN SERVICE AREA, EVEN IN AREAS WHERE URBAN SERVICES ARE NOT AVAILABLE UNDER CERTAIN CONDITIONS; EXAMPLES OF SUCH CONDITIONS SHALL INCLUDE: . THE USE BE INDUSTRIAL OR COMMERCIAL DEVELOPMENT . THAT THERE BE A SIGNIFICANT DISTANCE FROM THE SEWER AND WATER . THAT THE BUILDING TO BE CONSTRUCTED BE CONSISTENT WITH THE INTENDED USE OF THE PROPERTY . THE USE BE CONSISTENT WITH THE CITY'S GROWTH MANAGEMENT PLAN . THE USE BE CONSISTENT WITH THE CITY'S LAND USE PLAN AND THE SURROUNDING PROPERTY . . THERE BE AN AGREEMENT TO HOOK UP TO CITY WATER AND SEWER WHEN IT BECOMES AVAILABLE. THIS AGREEMENT WOULD BE BINDING UPON Planning Commission Meeting Minutes September 26, 1995 Page 17 . COMMISSIONER KREGER SECONDED THE MOTION. Commissioner Kreger questioned why the proposed use could not be located in the business park. Mr. House stated his clients had tried to get into the Joplin Mall project, but was turned down. Commissioner Minton stated there were other parcels available in the business park. Mr. House stated that cost, property size and other factors hinder locating the proposed use in the business park. Commissioner Kreger questioned how other citizens would respond to the city allowing development in the urban service area without hooking up to city water and sewer. Steve Ach explained that in some cities, properties outside the immediate urban service area are zoned residential or agricultural so that there is some type of interim use, until services are extended. Jim Vandegren, DMV Mall Corporation, explained there are lots available in his development that he would like to be sold, and Gary Santwire, R.E.P. Ltd. of Elk River, stated he felt the City does need to look at their policy for extension of water and sewer, and also, expressed his concern for leap-frog development. \. Dennis Chuba, petitioner, explained his proposal and why he thought it would work. He stated the property has been taxed at a commercial rate for the 15 years since it was zoned C3. Chair Kuester expressed concern that the city should not allow leap-frog development simply because it was cheaper. Gary Santwire questioned what costs the bond would cover. Mr. House stated the bond would cover costs to hook up to city water and sewer in the future. Commissioner Kreger stated that the extension of the trunk line would be assessed. Gary Santwire stated he felt there would be question of lateral benefit. Commissioner Minton stated this issue would be reviewed by the City Attorney. Mr. House stated that the bottom line is that there is a piece of property that cannot be developed and the issue needs to be addressed. He felt that a unfair hardship is being placed on the owners of the property. THE MOTION CARRIED 4-1. CHAIR KUESTER OPPOSED. COMMISSIONER KREGER MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. . Planning Commission Meeting Minutes September 26, 1995 Page 18 . Chair Kuester noted that a letter of petition has been submitted to the Planning Commission, indicating support for maintaining the 10 acre minimum lot size in the A-1 (Agricultural) zoning district, with signatures from many of the residents on 213th Avenue NW. The meeting of the Elk River Planning Commission adjourned at 11 :30 p.m. Respectfully submitted, fJJk:ige~ Debbie Kleckner Recording Secretary . .