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10-24-1995 PC MIN . . . &ff~@W~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 24,1995 Members Present: Chair Kuester, Commissioners Dillon, Kreger, Minton, Tacheny, Sullivan and Thompson Members Absent: None Staff Present: Steven B. Ach, City Planner; 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. Item 6.1. - Planning Commission December meeting date - was added to the October 24, 1995 Planning Commission agenda. COMMISSIONER SULLIVAN MOVED TO APPROVE THE OCTOBER 24, 1995 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSION THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The following corrections to the September 26, 1995 Planning Commission minutes were noted: - Note receipt of the letter and petition regarding maintaining the 10 acre minimum - Page 17 - Vote should be 4-1. - Page 1 7 - Delete incomplete statement by Commissioner Minton - Item 5.10. - Chair Kuester suggested - Change to "Chair Kuester recommended that staff require..." COMMISSIONER SULLIVAN MOVED TO APPROVE THE SEPTEMBER 24, 1995 PLANNING COMMISSION MINUTES AS CORRECTED. COMMISSION KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4,l"lahnil1dCOrnmissiohReOl'eSenfattVefOOttehdtl/QO]95 citYCouhcH Me€mhd> Commissioner Thompson will attend the November 20, 1995 City Council meeting as the Planning Commission representative. 0..1............. Clf>lbf.Eik..RiverReduestfbtLdl1a..UseAmeHdmeHf..tMR.tb..HBI.,..poblic..He8Hng............................. Planning Commission Meeting Minutes October 24, 1995 Page 2 . .9.2. .... ....CitvOf..ElkRFief..Re8oest..f8fzone..cH8nQe,...pot;)llH.Ae8riHd@dse...Nlb.z@..95-6..................... The above items were withdrawn from the October 24, 1995 Planning Commission agenda. Staff report by Steve Ach. This item was continued from the September 26, 1995 Planning Commission meeting, so that more information could be obtained regarding the solutions used in Mr. Books' printing business. The Material Safety Data Sheets are attached to the Planning Commission report, as well as a memo from John Lichter, the City's environmental consultant. An additional letter from John Lichter was distributed to the Planning Commission, addressing the press wash. Steve noted that the press wash was determined to be a hazardous material, which is clearly prohibited in the City's ordinance from being used as part of a home occupation. Based on this information, staff recommends denial of the request. . Chair Kuester questioned if Mr. Books was present. There was no response from the audience. Steve Ach stated that Gary Schmitz has been in contact with Mr. Books regarding this new information. Chair Kuester opened the continued public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Commissioner Sullivan cited a conflict of interest issue on this item. Commissioner Kreger expressed his thanks to Mr. Books for providing the requested information and that he hoped Mr. Books would be able to find a more appropriate setting for his printing operation. COMMISSIONER KREGER MOVED THAT THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REQUEST BY RICHARD BOOKS FOR A HOME OCCUPATION CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 95-20, BASED ON THE INFORMATION PROVIDED BY THE APPLICANT, THE INFORMATION IN STAFF'S MEMO, REVIEW OF THE MATERIALS PROPOSED TO BE USED IN THE BUSINESS, AND THE RESTRICTIONS AS LISTED IN THE CITY'S ORDINANCE AS FOLLOWS: . 1) THE BUSINESS INVOLVES THE USE OF A HAZARDOUS MATERIAL 2) THE SOLUTIONS USED FOR THE PRINTING BUSINESS ARE HIGHLY FLAMMABLE AND MAY CAUSE A SAFETY HAZARDOUS FOR SURROUNDING PROPERTY 3) IMPROPER DISPOSAL OF THE SOLUTIONS WOULD HAVE AN ENVIRONMENTAL AFFECT ON WATER AND SOILS Planning Commission Meeting Minutes October 24, 1995 Page 3 . COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. COMMISSIONER SULLIVAN ABSTAINED. Staff report by Steve Ach. This item was continued from the September 26, 1995 Planning Commission due to the need for additional information. Steve reviewed the proposed landscaping plan and proposed site plan. He noted that staff recommends the area utilized by automobiles be improved with a bituminous surface. Commissioner Minton asked what would be required for the area not used for vehicles. Steve Ach stated that some type of vegetation would need to be established, either sodding or seeding. Chair Kuester opened the continued public hearing. There being no comments from the public, Chair Kuester closed the public hearing. . Commissioner Kreger explained that language was recently adopted as part of the parking and loading ordinance which would make an exception for bituminous surfacing for industrial uses, due of the uniqueness of the operation. He further explained that turning a semi truck around on a bituminous surface in the summer can destroy the surface. Chris noted that a semi-trailer that is dollied down on hot tar will sink in, as well. He felt the millings are an acceptable surface for the turn-around area. City Engineer Terry Maurer agreed that the millings would give the parking/turn- around area in question a finished look, and that the millings would not generate dust. He stated he was in agreement with staff's recommendation that the parking area used by automobiles should be improved with a bituminous surface. Commissioner Tacheny questioned whether or not water would collect on the millings. Terry Maurer stated the millings are an impervious surface. Commissioner Kreger stated that there would likely be less leaching, since the millings are made of old asphalt and have a reduced oil content compared to fresh bituminous. Commissioners Kreger, Tacheny and Dillon expressed their agreement that the millings would be an appropriate surface for the semi parking and turn-around area. COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY NOVCO, INC. FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 95-23, CITING FINDINGS OF FACT AS THE INFORMATION IN STAFF'S MEMO TO THE PLANNING COMMISSION, THE DISCUSSION OF THIS ITEM, AND PREVIOUS INFORMATION BROUGHT FORWARD DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: . 1) ALL SITE IMPROVEMENTS SHOWN ON THE APPROVED PLANS DATED 11/10/93 BE INSTALLED AND COMPLETED BY JUNE 1, 1996. Planning Commission Meeting Minutes October 24, 1995 Page 4 . 2) MILLINGS ARE AN ACCEPTABLE SURFACE FOR THE SEMI PARKING AND TURN- AROUND AREA INDICATED ON THE SITE PLAN, DUE TO THE UNIQUE CIRCUMSTANCES ASSOCIATED WITH THE BUSINESS. THOSE CIRCUMSTANCES INCLUDE THE FACT THAT PARKING AND TURNING OF SEMI TRUCKS ON BITUMINOUS WOULD CAUSE REPEATED DAMAGE TO THE SURFACE. THE REMAINING PARKING LOT USED BY AUTOMOBILES SHALL BE REQUIRED TO HAVE BITUMINOUS SURFACING. 3) CURB AND GUTTER FROM THE PROPERTY LINE TO THE FRONT BUILDING FACE, SHALL BE REQUIRED AS SET FORTH IN THE PERFORMANCE STANDARDS OF THE ZONING ORDINANCE. 4) ADDITIONAL INFORMATION BE PROVIDED TO THE BUILDING DEPARTMENT, VERIFYING THE LOCATION OF THE EXISTING SEPTIC SYSTEM, ASSURING STAFF THAT THERE WILL BE NO CONFLICTS WITH THE PROPOSED BUILDING AND EXISTING SYSTEM. 5) THE BUILDING OFFICIAL AND FIRE CHIEF PERFORM AN INSPECTION OF THE EXISTING BUILDING TO DETERMINE IF.ALL CODES ARE MET RELATIVE TO THE EXISTING USE OF THE BUILDING AND OUTDOOR STORAGE TANKS. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5'9'C5()n8iti()n~lqs~~~rrl1if~e()q~stt)'y'sHedAr~~iteCtslT:q~Findn~i()lq()rp()rdt@i11'>< . PubltCHearihdGds€FNo.Gl.J9f.F25 < ... ........... . . . staff report by Steve Ach. Shea Architects is requesting a conditional use permit for site plan review to construct a financial institution in the replatted Elk Park Center 3rd Addition PUD. Steve explained that the outlot in the northern end of Elk Park Center was originally platted into 3 lots and was recently replatted into two lots. There are two access points to the lots off Freeport. Steve reviewed the proposed site plan with specific comments regarding parking and circulation, landscaping and pedestrian circulation. Staff feels that the revised site plans have addressed most of the concerns and recommend approval of the request. Discussion followed regarding stacking space in the drive-up area and traffic flow to and from the site. Bruce Hellier, of Shea Architects and Larry Rose, of TCF Corporation, provided a photograph of the prototype for the TCF building to be constructed in Elk River. Mr. Rose noted that the automatic teller machine will be located on the inside drive-up lane so customers can access the machine without getting out of their car. There will be a canopy over this area and security lighting to provide maximum customer safety. Mr. Hellier provided a detailed description of the building design and exterior finishes. Discussion followed regarding the possible location of a sidewalk. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. . COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY SHEA ARCHITECTS AND TWIN CITY Planning Commission Meeting Minutes October 24, 1995 Page 5 . FEDERAL FINANCIAL CORPORATION FOR A CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW, PUBLIC HEARING CASE NO. CU 95-25, BASED ON THE INFORMATION IN STAFF'S MEMO, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS LISTED IN THE REPORT TO THE PLANNING COMMISSION DATED OCTOBER 24, 1995, BE INCORPORATED INTO THE REVIEW PLANS FOR APPROVAL. 2. THE CITY ENGINEER COMMENTS OUTLINED IN THE MEMO DATED OCTOBER 17, 1995, BE INCORPORATED INTO THE PLANS. 3. APPLICANT PROVIDE FOUR SETS OF REVIEW PLANS TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 4. APPLICANT PROVIDE A SIDEWALK ON THE WEST SIDE OF THE PRIVATE ROAD AND THE NECESSARY EASEMENT. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.7............. @jX't..()ff5I~..R.iy~rg~gtJ~st..for.Qr9i8qf1q~~m~r1~rn~r1f.t9..1t1cr~(ls~..I\4()~lmLJm<..................... .... ............ .~@d8~illO~~~gu~~rb~r;~1~1(}*rCl..jh..tt1~..,I@1...(]r1Cl..Rl.g..48nin9[.)j~tri<?t~,..~ypliq......... ... ... . Staff report by Steve Ach. The City of Elk River is requesting an ordinance amendment to increase the maximum accessory structure area in the R-l a (Single Family Residential) and A-l (Agricultural) zoning districts. This amendment would establish a sliding scale for accessory structure area allowed, based upon lot area. Staff has some concern that it may be difficult in the future to determine if some of the larger structures are being use for the owner's personal use, or if some type of home occupation is being conducted. Steve offered an additional step in the parcel sizes with a corresponding maximum accessory structure area. Chair Kuester opened the public hearing. Jerry Johnson, resident on Viking Boulevard, also speaking for Sharon Bauer, questioned how the ordinance amendment would impact his plans to build an accessory structure on his 10 acre hobby farm, and questioned the difference between "attached" and "unattached" accessory structures. Steve Ach explained that it makes no difference whether the structures are attached or unattached, and that the total amount will be considered. Steve noted that the current ordinance allows up to 2,000 square feet of accessory structure area in the R-l a and 3,000 square ft. in the A-l zoning district. Arne Engstrom, 20800 Meadowvale Road, expressed his support for the proposed ordinance amendment. He felt it was a fair way to deal with the various lot sizes in the A-l and R 1 a zoning districts, and allows the larger property owners to do more with their property, as well. He expressed his agreement with staff's recommendation for an addition step in the scale for accessory structure. . Dennis Kramer, 20789 Meadowvale Road, stated he was in support of the proposed ordinance amendment, and that it would allow him to construct the accessory building he originally proposed. Planning Commission Meeting Minutes October 24, 1995 Page 6 . There being no further comments from the public, Chair Kuester closed the public hearing. Commissioner Kreger proposed several changes to the ordinance at this time. COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT, PUBLIC HEARING CASE NO. OA 95-16, WITH CHANGES TO THE SLIDING SCALE AS FOLLOWS: PARCEL SIZE 1 ACRE OR LESS > 1 ACRE TO 2.5 ACRES > 2.5 ACRES TO 5.0 ACRES > 5.0 ACRES TO 10.0 ACRES > 10.0 ACRES TO 19.9 ACRES > 19.9 ACRES TO 39.9 ACRES 40 ACRES AND OVER MAXIMUM ACCESSORY STRUCTURE AREA 2,000 SQ. FT. ATTACHED AND DETACHED 2,500 SQ. FT. ATTACHED AND DETACHED 3,000 SQ. FT. ATTACHED AND DETACHED 3,500 SQ. FT. ATTACHED AND DETACHED 4,500 SQ. FT. ATTACHED AND DETACHED 6,000 SQ. FT. ATTACHED AND DETACHED UNLIMITED COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.8. ....- ----....""....-..-----....""'....-......-------.........................--_..............,,-........,',....--------.."""'........----...............-....."................---..."..... @ifX()f~I~~I~~rReq8~sft()tst()~lis5Jv\i~jh19rri@(]ri6g~$iielti~i~91~FOtriil*t)istri<;ts' F'l..lbltcHeorinaGaseNo.O.A95,;,;JO/ . . . . ........ ..... ....... . ........ . Staff report by Steve Ach. The City of Elk River is requesting an ordinance amendment to establish a minimum garage size of 20 feet by 22 feet (440 square feet), in single family districts. The existing ordinance requires only a one stall garage, a minimum of 10 feet in width, with the construction of a new home. Most builders construct a minimum garage size of 20 feet by 22 feet. However, a few are constructing garages 20 feet by 20 feet or smaller, which does not allow parking of certain vehicles such as a Suburban or full size extended cab pickup. The ordinance amendment is meant to protect future property owners so that they have adequate garage area and a minimum standard that residents can expect. The ordinance will not affect older homes which have only a single stall garage. Commissioner Kreger stated there is no language in the ordinance stating that older homes are not required to meet the new ordinance. Steve Ach indicated the only instance where they would be required to meet the ordinance would be if the existing garage were destroyed beyond 50 percent and was going to be rebuilt. 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 REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT, PUBLIC HEARING CASE NO. OA 95-15, BASED ON THE FOLLOWING: THE INFORMATION IN STAFF'S MEMO, DISCUSSION ON THIS ITEM, AND THE FACT THERE WAS NO OPPOSITION TO THE PROPOSED AMENDMENT DURING THE PUBLIC Planning Commission Meeting Minutes October 24, 1995 Page 7 . HEARING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Steve Ach. The City of Elk River is requesting an ordinance amendment to establish a new commercial zoning district entitled community commercial. Steve noted this concept was discussed in the 1988 Comprehensive Plan. The Planning Commission previously discussed this type of commercial district for the property owned by Tom Hartman and Guardian Angels, north of Highway 10 and Joplin. Steve noted that this type of use would be compatible with the commercial use on the south side of Highway 10 and Joplin that is part of the Business Park. Steve explained the Community Commercial district would be designed to serve a much smaller area than Highway Commercial. He reviewed possible permitted, conditional and accessory uses, as well as the design standards for the proposed Community Commercial zoning district. Commissioner Minton recommended that Item No.2 under "Permitted Uses" be deleted, since it was already covered under Item No.4. It was the consensus of the Planning Commissioners that additional language be added to the proposed ordinance to address the following: . l. 2. 3. 4. Maximum building height Maximum lot coverage Maximum developable area Locational standards Commissioner Kreger expressed his concern that this type of use not be allowed in the middle of a residential development. Steve Ach explained the Statement of Purpose could be expanded to reference community commercial zones only be located on arterial and collector streets. Commissioner Kreger expressed his concern that these areas not become neighborhood hangouts. He suggested that the Police Department may be able to provide some input on this. He felt these types of uses tend to become run down and questioned their survival rate. He was also concerned that it would not be desirable for these uses to attract more business than was intended and therefore, increased traffic in residential areas. Commissioner Minton stated that businesses selling gasoline, cigarettes and lottery tickets seem to do quite well if they are located on major routes. COMMISSIONER KREGER MOVED TO TABLE THE ORDINANCE AMENDMENT REQUEST BY THE CITY OF ELK RIVER, PUBLIC HEARING CASE NO. OA 95-14, TO THE NOVEMBER 28, 1995 PLANNING COMMISSION MEETING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Richard Books stated that he was not present for the Planning Commission's discussion on his request and asked what action was taken. Chair Kuester explained that his request had been recommended for denial and the reasons . . . Planning Commission Meeting Minutes October 24, 1995 Page 8 for the Planning Commission's recommendation. Chair Kuesterstated that he would have an opportunity to present his case again to the City Council at the public hearing on November 20th. It was the consensus of the Planning Commission to hold their regular meeting on Tuesday, December 19,1995. There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN THE MEETING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:00 p.m. ;a;:SU1?~ Debbie Kleckner Planning Secretary