Loading...
11-28-1995 PC MIN . . . &~mfIDWE~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 28, 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. 2~......... . ..........Considgbl..lf28f95f:Hanhino..cbmmlssiorl..Aaerlaa............ The following items were added to the November 28. 1995 Planning Commission Agenda: Item 6.1 . - Commissioner Minton Item Regarding Steering Committee Item 6.2. - Commissioner Kreger Item Regarding Planning Commission Vacancy COMMISSIONER SULLIVAN MOVED TO APPROVE THE 11/28/95 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3.Cbnsldgbldf24/95PlanninQcommlsslorlf.Alr1iJtes> COMMISSIONER KREGER MOVED APPROVAL OF THE OCTOBER 24, 1995 PLANNING COMMISSION MEETING MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4,<Planhirlacommissiol"lReoresentativefoanend12i18195GitvcBUncilMeeflnan Chair Kuester will attend the 12/18/95 City Council meeting as the Planning Commission representative. Staff report by Steve Rohlf. 30 acres of dry subtype oak forest is proposed to be purchased for park land from the Shiely Company. The property is located north of the Ridgewood subdivision and is adjacent to the 50 acre parcel recently acquired from Shiely. The purchase of this property will provide approximately 2.5 kilometers of recreational trails. The Planning Commission is requested to make a determination whether or not the proposed land use is consistent with the Planning Commission Minutes November 28, 1995 Page 2 . Comprehensive Plan. Steve explained that the property was appraised at $91,000 and the City has a received a Natural and Scenic Grant by the Department of Natural Resources for $45,500. The balance of the purchase price would be paid through park dedication funds. Steve stated he felt the proposed park use would be consistent with the current Master Park Plan and the proposed update of the Plan, and recommended approval. Chair Kuester questioned whether there would be an access from Ridgewood where right-of-way is shown on the map. Steve Rohlf stated that none is planned at this time. Chair Kuester opened the public hearing. Mike Niziolek, 12275 Rush Circle, stated that he spent a great deal of time writing a grant request for this property so that future generations can enjoy it. He noted that one of the things Minneapolis residents like most about their community is their park system, and hoped that Elk River residents would be able to say the same about their park system as it develops. There being no other comments from the public, Chair Kuester closed the public hearing. Chair Kuester questioned whether or not the 700 foot buffer requirement would change. Steve Rohlf stated he did not feel it would change, but that he would research the question further. . Commissioner Kreger questioned how the requirement for the 700 buffer from mining could be carried into the future. Steve Rohlf stated that the requirement could be addressed in the purchase agreement. COMMISSIONER KREGER MOVED TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE SHIELY PROPERTY PURCHASE FOR PARK PURPOSES, CITING THAT THE USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN BASED ON THE INFORMATION CONTAINED IN STAFF'S MEMO AND INFORMATION PRESENTED DURING THE PUBLIC HEARING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. .................-.---_...............".."",........-----......-..--------------_.._---_................................-.-.,',',-........,"'. q;2;................pdik..t6Hd..pGrch6seledss..Pr66ertY,...P6bllc..14e6tihd Staff report by Pat Klaers. The City Council is considering the purchase of 115.65 acres of property from Jack Cass located in the southeast part of the City. The property is directly south of the 120 acres owned by the City for disposal of WWTP sludge. It is proposed that the western 25 acres would be developed for youth recreational fields and parking, and approximately 40 acres in the southern part will be designated for sludge disposal. The remainder of the property is either a wetland or a ditch area, or is proposed to be developed and sold as residential home sites. It is planned that the City would finance this purchase with WWTP funds, revenue from the future residential sites, and park dedication monies. . Pat explained the following information has been obtained regarding the residential sites: - A positive report from local real estate agent as to marketability of sites Planning Commission Minutes November 28,1995 Page 3 . - Phase 1 and Phase 2 environmental audits came back with a "clean" report - Positive recommendation for the possible relocation of wetlands on site - Positive recommendation from Park and Recreation Commission - Satisfactory appraisal of property in relationship to purchase price Pat noted that a north/south collector route proposed in the long range transportation plan would make this area more easily accessible to all residents if it was constructed in the future. Pat explained plans for sludge disposal and development of recreational fields. He also noted that the 40 acres of sludge land will continue to be farmed. The northern portion of the site is zoned R 1 a (Single Family Residential) and the southern part is zoned 1-2 (Light Industrial). The uses proposed for this property are allowed as either permitted or conditional uses. Chair Kuester questioned access to the site. Pat explained the plans for access off of 165th Avenue and across the ditch for sludge disposal. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. . COMMISSIONER MINTON MOVED TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE CASS PROPERTY PURCHASE, CITING THAT THE USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. .... ..." ......_ ..d..................., ..________........................__.______________..................--.-----...., ............------......... ,............................... ..--_............. 5~3........ . ..SkRlVer..AUtoMallRedGest.for.O..Vatlance...Public.Hootlnd..CasgNo....V..95~12...i......................... Staff report by Steve Ach. Elk River AutoMall LLC is requesting a variance to the one acre minimum lot size requirements in the C3 (Highway Commercial) zoning district. The auto mall currently has a lot area of 3.76 acres. A request for an administrative subdivision will be presented to the City Council in December to divide this site into a 2.91 acre parcel and a .85 acre site. In order to meet the parking requirements for each site, the maximum size of the southerly parcel falls short of the one acre minimum lot size. Staff recommends approval of the variance based on the findings stated in the memo to the Planning Commission dated November 28, 1995. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Commissioner Minton questioned the need for a variance and asked staff to research the changes made in the ordinance regarding zero lot line developments. . COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY JOHN WEICHT/ELK RIVER AUTOMALL, LLC. PUBLIC HEARING CASE NO. V 95-12, IF IT IS NECESSARY, BASED ON THE INFORMATION IN STAFF'S MEMO, THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, AND BASED ON THE FOLLOWING FINDINGS: Planning Commission Minutes November 28, 1995 Page 4 . 1. THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH EXIST ARE PECULIAR TO THE AUTO MALL DEVELOPMENT AND THAT IT IS A UNIFIED DEVELOPMENT WITH COMMON PARKING AND DRIVEWAYS THAT FOR ALL PRACTICAL PURPOSES WILL FUNCTION AS ONE DEVELOPMENT. 2. THE LITERAL APPLICATION OF THE MINIMUM LOT SIZE REQUIREMENTS FOUND IN THE ZONING ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER SIMILAR COMMERCIAL DEVELOPMENTS AS WELL AS MULTI. TENANT OFFICE DEVELOPMENTS WITH SIMILAR CIRCUMSTANCES. 3. THE VARIANCE WOULD NOT HAVE ANY ADVERSE AFFECT ON THE HEALTH, SAFETY, OR THE WELFARE OF THE RESIDENTS OR NEIGHBORING PROPERTIES WITHIN THE AREA AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE LOT SIZE STANDARDS FOUND WITHIN THE ZONING ORDINANCE. 4. LITERAL ENFORCEMENT OF THE ZONING ORDINANCE WOULD PREVENT THE DIVISION OF THE SUBJECT PROPERTY TO CREATE A SEPARATE PARCEL MERELY FOR TRANSFERRING OF OWNERSHIP. . 5. GRANTING THE VARIANCE WOULD NOT ALLOW ANY FURTHER DEVELOPMENT OF THE EXISTING AUTO MALL AND WOULD THEREFORE NOT GRANT ANY SPECIAL PRIVILEGES UPON THE APPLICANT TO DEVIATE FROM THE CITY ZONING ORDINANCE IN ANY OTHER WAY. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5M.grdint1h8~p..m~h~m~qftgN~ighborhoddComm~rggl~9qinQlDisf~ist/Rgi?lK?> Hearil'ldCdseNO.dA9SHW Staff report by Steve Ach. The City of Elk River is requesting an ordinance amendment to establish a new commercial zoning district entitled "Neighborhood Commercial". This item was presented at last month's Planning Commission meeting and was tabled for additional information. Steve reviewed the amendments and recommended approval. Chair Kuester opened the public hearing. Tom Hartman, 19675 Macon Street, expressed his support for the proposed new zoning district, but questioned the sign height restriction of 10 feet on arterial highways such as Highway 10. John Weicht, 13380 Island View Drive, stated he felt the ordinance should allow increased signage for businesses located on state highways. Steve Ach explained that the types of businesses Mr. Weicht was referring to would likely be located in a Highway Commercial zone, which would allow more signage than Neighborhood Commercial. . There being no additional comments from the public, Chair Kuester closed the public hearing. . . . Planning Commission Minutes November 28, 1995 Page 5 COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT, PUBLIC HEARING CASE NO. OA 95-14, ESTABLISHING A NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, AS DRAFTED IN STAFF'S MEMO TO THE PLANNING COMMISSION DATED 11/28/95, WITH THE FOLLOWING CHANGE: H(l)(b) - 1. ALL FREESTANDING SIGNAGE SHALL CONSIST OF A MONUMENT STYLE SIGN, A MAXIMUM HEIGHT OF TEN (10) FEET ON COLLECTOR STREETS, AND A MAXIMUM HEIGHT OF TWENTY (20) FEET ON ARTERIAL STREETS, WITH A MAXIMUM AREA OF ONE-HUNDRED (100) SQUARE FEET. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. .5:5..... ..........gi!&'..gf..~I~Ri\l~rg~alJesf..for.~iY19ntH..~t~n~igD..tgiY19rClfgrilJmon..SlJt5~i\lisi9DSr ............PuoltC..Aeddno..CdseN6....0A.9442..................<.................... Steve Ach explained that appropriate zoning controls will need to be established in order to implement updates in the Comp Plan. He felt an additional six months will be needed to conduct the necessary public hearings before the Planning Commission and City Council. 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 ORDINANCE 95- -' AN INTERIM ORDINANCE GRANTING A SIX-MONTH EXTENSION TO THE ORDINANCE ESTABLISHING A MORATORIUM ON SUBDIVISIONS. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Minton asked for ideas to present to the City Council regarding the process for updating the Comprehensive Plan in the future. He stated he is preparing a memo which will include the following suggestions: 1 . Hiring an outside consultant 2. Use of a resident survey 3. Obtain more specific information on issues such as transportation, sewer and water, pollution concerns, wells and septic systems, costs associated with urban sprawl, etc. 4. Training/orientation for persons serving on a steering committee Commissioner Kreger suggested a newsletter be utilized during the Comp Plan review process to update the public on issues of concern. Commissioner Sullivan suggested that informational open houses be held. Commissioner Kreger expressed his willingness to continue serving on the Planning Commission until his position is filled. Planning Commission Minutes November 28, 1995 Page 6 . There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 8:38 p.m. Respectfully submitted, Debbie Kleckner Recording Secretary . .