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05-24-1994 PC MIN . ~fJPJ!J@Wf' MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 24, 1994 Members Present: Chairman Tveite, Commissioners Carr, Eberley, Kreger (arrived at 7:15 p.m.), Kuester, Minton, and Tacheny. Members Absent: None Staff Present: Steven B. Ach, City Planner, Terry Maurer, City Engineer, Gary Schmitz, Planning Assistant, Catherine Schmidt, 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 Chairman Tveite. . Commissioner Minton added discussion regarding the Annual Planning Commissioner Training. Commissioner Eberley added discussion regarding the Annual Conference. COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 5/24/94 PLANNING COMMISSION AGENDA. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Eberley stated that Agenda Item 7 of the April 26 Planning Commission minutes should reflect that the information requested by the Planning Commission from City Attorney Peter Beck and Economic Development Coordinator Bill Rubin was received. Commissioner Minton indicated that Agenda Item 16 of the April 26 Planning Commission minutes did not reflect a second to the motion or the vote. It should be noted that Commissioner Minton seconded the motion and the motion carried 4-0. Chairman Tveite deferred approval of the April 26 Planning Commission minutes until the Planning Commission could review the aforementioned corrections. 41>. ...Plahf"lirldctOmmiSsiOH..RePresenTdtlve.tO..AtferldCit-t..qOUncilMeefiHd. . It was indicated Commissioner Tacheny would attend the 6/20/94 City Council meeting to be held at Elk River City Hall. Planning Commission Minutes May 24, 1994 /iJ/Ji'.f!J@f!/EI . Staff report presented by Steve Ach. Darkenwald Family Partnership requested a conditional use permit to construct a 19,900 square foot automobile repair facility in addition to having multiple buildings on one parcel. City Engineer Terry Maurer presented issues related to the traffic report drafted by the developer's traffic engineer. Steve Ach presented the Planning Commission with revisions to the building elevations. Commissioner Kreger arrived at this time, 7: 15 p.m. John Weicht, John Weicht & Associates, addressed the Planning Commission on behalf of the applicant, Darkenwald Family Partnership. Mr. Weicht introduced John Darkenwald, Jim Benshoof, Traffic Engineer, Jim Benson, representing Abra Auto Body, and Wally O'Dell and briefly explained their concerns regarding staff's report. Chairman Tveite opened the public hearing. . Bill Eckblad (Administrator), 13445-190th Avenue NW, Elk River, spoke on behalf of the Guardian Angels Care Center. Mr. Eckblad stated the residents of the Center believe the proposed site is too narrow for the proposed use and the traffic and noise generated by an Auto Mall is of major concern. The residents feel an Auto Mall adjacent to the Care Center will destroy the quiet residential environment. Mr. Eckblad expressed the opposition of the residents at the Care Center and presented the Planning Commission with a petition from the Guardian Angels Care Center Auxiliary stating their opposition. Sherry Emerson Guardian Angels Care Center, 5215 Carson Street, Rogers, MN, presented the Planning Commission with a resolution from the Guardian Angels Board of Directors expressing their opposition to the proposed auto mall and a petition from the residents at Angel Ridge also expressing their opposition to the proposed auto mall. Ms. Emerson iterated Mr. Eckblad's concerns and added other concerns: unsightly appearance of auto malls (photo's of other auto malls were presented to the Planning Commission) showing debris, old tires, autos to be repaired parked outside, etc., and expressed pollution concerns. Ms. Emerson asked the Planning Commission who would be monitoring this use to ensure that it does not become an unsightly, noisy mall. Mr. Benson responded stating that other Abra Auto Body locations have never received complaints regarding debris or noise. Eleanor Todahl, 280 Evans, Elk River, MN, resident at Angel Ridge, reiterated previously mentioned concerns and expressed her opposition to the proposed auto mall. . Paula Watts (Social Services Director, Guardian Angels Care Center), 330 Norfolk Avenue, Elk River, MN. Ms. Watts informed the Planning Commission that it was very difficult for the residents attending the public hearing and the general public to hear comments made from the podium and from the Planning Commission. Ms. Watts reiterated previous concerns and added the residents of the Care Planning Commission Minutes May 24, 1994 !~~~~@w~~ Page 3 . Center are also concerned about privacy and access to current walk ways from the Care Center. Elsie Sartell, 300 Evans, Elk River, MN, reiterated previous concerns and voiced her opposition to the proposed auto mall. The Planning Commission discussed the following issues: proposed road width of Carson Street; the proposed density of the site; landscape plan regarding a possible berm between the proposed auto mall and the Care Center; noise level restrictions for Highway Commercial districts; crosswalk from Pizza Hut to auto mall; the financial implications of delaying this project; traffic circulation on site; right-in right-out lane; vehicles stored outside the auto mall; and the cross parking easement with Pizza Hut. Steve Ach and Terry Maurer responded. Jim Benson, Abra Auto Body, responded to the possibility of vehicles being store outside and noise. Mr. Benson stated they will not be storing vehicles outside and is willing to have that made as a written condition of the permit. Also, Abra Auto Body uses very sophisticated equipment and has never received a complaint regarding noise. Noise ratings are monitored by the State and must meet State regulations. Mr. Weicht, John Weicht & Associates, explained that delaying this project a few weeks may hurt the project, however, delaying it much more could hurt the "peak" season for tenants of the proposed auto mall and that could have a tremendous financial impact. . Chairman Tveite explained that the proposed use is consistent with the current zoning and meets the required setbacks. However, there are some major concerns: screening, improvements to Carson Street, drainage issues, and signage. Commissioner Kreger stated he agreed with Chairman Tveite and added discussion regarding Carson Street being a private street not a City Street. Wally O'Dell commented regarding Carson Street and the shared parking agreement. Commissioner Eberley asked staff to explain regarding the private street and the shared parking arrangement. Steve Ach responded. Discussion ensued. COMMISSIONER MINTON MOVED TO CONTINUE THE PUBLIC HEARING REGARDING THE CONDITIONAL USE PERMIT REQUEST BY DARKENWALD FAMILY PARTNERSHIP TO THE JUNE 21, 1994, PLANNING COMMISSION MEETING. FURTHER, COMMISSIONER MINTON DIRECTED STAFF AND THE DEVELOPERS TO ADDRESS THE FOLLOWING ISSUES: NOISE, ODOR, SCREENING, STREET IMPROVEMENTS, DRAINAGE, SIGNAGE. COMMISSIONER KREGER SECONDED THE MOTION ADDING THE FOLLOWING ITEMS BE ADDRESSED: MOVE THE TRASH ENCLOSURE OR LIMIT THE PICK-UP HOURS, FENCE THE AREA BETWEEN THE PROPOSED AUTO MALL AND GUARDIAN ANGELS AND PROVIDE PATH ACCESS, REMOVE THE OVERSIZED DOORS FROM JR TECH, AND ADD A CROSSWALK TO THE PIZZA HUT. COMMISSIONER MINTON APPROVED THE ADDITIONS. THE MOTION CARRIED 7-0. . Planning Commission Minutes May 24, 1994 &~~~@W~~ Page 4 . Staff report presented by Gary Schmitz. Guardian Angels Care Center requested a conditional use permit for a 22,704 square foot addition to the existing care center. Bill Eckblad, Guardian Angels Care Center Administrator, addressed the Planning Commission regarding the history of this proposal and reviewed the request. Mike Trossen, Architect for Guardian Angels, discussed the curb and gutter condition in staff's memo. Mr. Trossen stated that no other areas on the complex have concrete curb and gutter and requested they be allowed to match the existing parking areas. Also, the emergency access width of twenty (20) feet seemed excessive and asked if they could work with the Fire Chief to modify this requirement. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Discussion among the Commissioners included drainage, the storm water impact fee, curb and gutter requirement, and the emergency access. Terry Maurer and Steve Ach responded. . COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY GUARDIAN ANGELS CARE CENTER FOR A 22,704 SQUARE FOOT EXPANSION TO THE EXISTING CARE CENTER, PUBLIC HEARING, CASE NO. CU 94-20, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. CURB AND GUTIER THAT MATCH THE EXISTING PARKING AREAS BE REQUIRED AROUND THE NEW FORTY-ONE (41) STALL PARKING AREA. 2. A $600 STORM WATER IMPACT FEE BE PAID TO THE CITY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 3. AFTER CONSTRUCTION, ANY DISTURBED AREAS MUST BE SODDED OR SEEDED AS NECESSARY TO PREVENT EROSION. 4. THE DETAILS OF TERRY MAURER'S MEMO DATED MAY 16, 1994, BE INCORPORATED INTO THE SITE PLAN. 5. THE ACCESS AROUND THE EAST SIDE OF THE PROPOSED ADDITION BE PAVED WITH A BITUMINOUS SURFACE A MINIMUM OF TWENTY (20) FEET WIDE. 6. THE EMERGENCY ACCESS MUST BE MAINTAINED AND KEPT CLEAR THROUGHOUT THE YEAR. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Due to the time, Commissioner Kuester requested Agenda Item 5.7 be reviewed next. Chairman Tveite agreed. Planning Commission Minutes May 24, 1994 11 niV'i=!v'P' A'!ll1f r r~ Page 5 . Staff report presented by Steve Ach, Todd Anderson, representing the Boy Scout Troops of Elk River, requested a conditional use permit to construct a mini storage facility. Mr. Ach stated the location of the facility was incorrectly stated on staff's memo as 191st Lane NW. The location should be corrected to read 190 1/2 Lane NW. Mr. Ach reviewed the revised landscaping plan presented by Dave Anderson. Chairman Tveite opened the public hearing. . Pete Kimball, 14357-190 Avenue NW, Elk River, representing Pete Rohlf of Pete's Mini Storage, addressed the Planning Commission regarding the proposal. Mr. Kimball stated his client is concerned with the possibility of competition for private business if the Boy Scouts plan to rent storage space after construction of their facility. Since this facility would be on city property, there was concern regarding the ethics of this proposal. Mr. Kimball also stated that his client approached Patrick Klaers, City Administrator, to discuss the option of buying this parcel from the city however, Mr. Rohlf stated that Mr. Klaers discouraged him from purchasing this parcel. Mr. Kimball stated his client feels this request was not advertised properly and the conditional use permit application could be considered illegal. Steve Ach responded by stating the request was presented to the City Council at a previous meeting and the Council directed the Boy Scouts to met with staff to file the appropriate application. Mr. Ach also stated that he discussed this request with City Attorney Peter Beck and Mr. Beck would be drafting a lease specifically addressing that the Boy Scouts would not be allowed to sublease, additions to the facility may not be used by other associations or groups, and would be used by the Boy Scouts only. Todd Anderson, representing the Boy Scout Troops of Elk River, stated that they will not be renting space in the facility. The facility will only be used for storage of equipment belonging to the Boy Scout Troops. Donna Bratz, 823 Vernon Avenue, Elk River, detailed the usage of the facility. Steve Volna, 8650-176th, Ramsey, stated that the city is providing the property for the facility. The Boy Scouts raised the funds to build the facility, will donate the facility to the city and the city will allow the Boy Scouts to use it. Discussion among the Commissioners included proper public notification, signing applications when the city is the owner of the property, conditional use permits go with the land not the property owner of the land, the need to ensure that the lease to the Boy Scouts includes language prohibiting any commercial ventures (this lease is solely for the use of the Boy Scouts), and the need to ensure proper procedures are followed There being no further comments from the public, Chairman Tveite closed the public hearing. . COMMISSIONER KREGER RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY TODD ANDERSON TO CONSTRUCT A MINI STORAGE FACILITY, Planning Commission Minutes May 24, 1994 I~~'~WW~W Page 6 . PUBLIC HEARING, CASE NO. CU 94-21, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. A SITE, LANDSCAPING AND GRADING PLAN BE FINALIZED AND APPROVED BY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. EROSION CONTROL BE UTILIZED DURING CONSTRUCTION OF THE BUILDING AND RECONFIGURATION OF THE STORM POND. 3. STORM POND BE DESIGNED TO PROVIDE ADEQUATE CAPACITY TO HANDLE STORM DRAINAGE NEEDS FOR THIS AREA. PLANS SHOULD BE REVIEWED AND APPROVED BY THE CITY ENGINEER. 4. ALL PARKING AND DRIVEWAY AREAS BE IMPROVED WITH BITUMINOUS SURFACE. 5. THE MAYOR OR A REPRESENTATIVE OF THE CITY COUNCIL SIGN THE CONDITIONAL USE PERMIT APPLICATION PRIOR TO THE CITY COUNCIL MEETING. COMMISSIONER MINTON SECONDED THE MOTION. Commissioner Eberley asked if Commissioner Kreger would like to include a 6th condition: The lease require no other venture be allowed, only to the Boy Scouts for their own use. Discussion ensued. Commissioner Eberley added a 6th condition: . 6. RECOMMEND TO THE CITY COUNCIL THAT AN EFFORT BE MADE TO IDENTIFY AND REVIEW CITY APPLICATION POLICIES AND GUIDELINES SO THERE IS NO CONFUSION ABOUT WHO CAN SIGN CITY INITIATED AND OTHER SUBMITTED APPLICATIONS. COMMISSIONER MINTON SECONDED THE ADDITION OF CONDITION NUMBER 6. THE MOTION CARRIED 7-0. Staff report presented by Steve Ach. Sf. Andrew's church requested a conditional use permit to construct a 3,600 square foot addition to be partitioned into four (4) classrooms. Paul Ridel, with st. Andrew's church, requested staff and the Planning Commission consider that the exterior of the addition be stucco not brick. The brick is quite expensive and the church would like to spare this additional expense if possible. Chairman Tveite responded stating the ordinance would require the exterior be compatible with the existing structure, not exactly match. Steve Ach confirmed. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. . Discussion among the Planning Commission included outstanding issues since 1988 with the temporary structure, building code, lack of information from this particular applicant (Le., design drawing, building elevations, landscape plan, Planning Commission Minutes May 24, 1994 ~~~~ww~w Page 7 . and more details on the project etc.). Commissioner Eberley stated the word "firing" on page 2, paragraph 3, be changed to hiring. COMMISSIONER MINTON RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY ST. ANDREW'S CHURCH TO CONSTRUCT A 3,600 SQUARE FOOT ADDITION TO THE EXISTING CHURCH, PUBLIC HEARING, CASE NO. CU 94-16, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. BUILDING MATERIALS BE COMPATIBLE WITH THE EXISTING SCHOOL BUILDING IMMEDIATELY TO THE WEST. 2. A TWENTY (20) FOOT FIRE LANE ON THE NORTH SIDE OF THE BUILDING BE MAINTAINED AND OPERATIONAL. THEREFORE, IF THE NEW ADDITION ENCROACHES INTO THIS FIRE LANE, THE FIRE LANE WILL HAVE TO BE IMPROVED TO SATISFY EMERGENCY ACCESS TO THE SITE. 3. FUTURE ADDITIONS TO ANY OF THE BUILDINGS ON THE ST. ANDREW'S CHURCH SITE WILL INCLUDE REVIEW OF THE SITE IN RELATION TO THE CITY'S ZONING ORDINANCE REQUIREMENTS. Commissioner Kuester suggested the information Commissioner Kreger requested be made a condition with the motion. Discussion ensued. . 4. A LANDSCAPE PLAN AND BUILDING ELEVATIONS BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. ......"""""."".................... ... ,........ ,.",... . """""".."., ""........"...................""""""......."",.......-. 5..4... . .. (:;(jflsider...ddBhdlti6hdIUs@perrn:U...REJCt4EJsft>X..lhdeoetldetlf...s2h661...bisfr12f...#72~,.. Pl..lbI1Cl--leol'lno,GoseN6.CQ<J4Ma> Staff report presented by Gary Schmitz. The Independent School District #728 requested a conditional use permit to construct two 24' x 36' classrooms to Vandenberg Junior High School. Mr. Schmitz submitted a revised site plan from the applicant. Ron Bradley, representing the School District briefly reviewed the request and stated that he would be recommending the site plan showing both classrooms on the north side to the School Board. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Eberley stated that condition number two of staff's memo, which required upgrading the exterior to brick was not needed, and that the time limit placed on this condition should be changed to two (2) years. Some discussion ensued. . COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT BY INDEPENDENT SCHOOL DISTRICT #728 TO CONSTRUCT TWO 24' X 36' TEMPORARY CLASSROOMS TO VANDENBERG JUNIOR HIGH SCHOOL, PUBLIC ~ it,}'1 Page 8 Planning Commission Minutes May 24,1994 . HEARING, CASE NO. CU 94-18, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. EACH CLASSROOM WILL BE REQUIRED TO MEET STATE AND LOCAL BUILDING CODE PRIOR TO THE CLASSROOMS BEING USED FOR EDUCATIONAL PURPOSES. 2. A TWO YEAR TIME LIMIT BE PLACED ON THE WOOD EXTERIOR OF THE CLASSROOM. IF THE CLASSROOMS ARE STILL BEING USED AFTER TWO YEARS, THE SCHOOL DISTRICT WILL BE REQUIRED TO HAVE THE USE REVIEWED. 3. THE CLASSROOMS BE PAINTED TO BE COMPATIBLE WITH THE EXISTING BUILDING. 4. IF THE CLASSROOMS CROSS THE SIDEWALK, AN ADDITIONAL HARDSURFACED EMERGENCY ACCESS MUST BE PROVIDED AND MAINTAINED NORTH OF THE PROPOSED CLASSROOMS. 5. SUPPORTING DOCUMENTATION (I.E. SITE PLAN, BUILDING ELEVATIONS, ETC.) BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL MEETING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Kuester stated for the record that although she works for the School District, there is no conflict of interest regarding this issue since there is no personal financial benefit or loss involved. . The Planning Commission recessed at 10: 15 p.m. and reconvened at 10:20 p.m. Staff report presented by Gary Schmitz. Solid Rock Church requested a conditional use permit to operate a school accommodating grades K-12 from the existing church facility. Senior Pastor Bill Matthews, reviewed the request and stated that the landscape requirement seemed excessive since the Church owns the property on both sides of 195th. Also, if there is no public opposition, would a traffic study still be necessary. Chairman Tveite opened the public hearing. Sue Springer, 22928-185th St, Big Lake, stated her family attends Solid Rock Church and is in favor of the proposed school. Ed Palmer, 15548-95th Circle, Otsego, stated he is in favor of the proposed school. Mr. Palmer questioned why a traffic study is being requested. Terry Maurer responded. . Tim Beaudrie, 1171O-198th Avenue, Elk River, stated he is in favor of the proposed school. Mr. Beaudrie asked what the level of service is for 195th. Terry Maurer responded. Planning Commission Minutes May 24, 1994 Page 9 . Pastor Matthews stated that Solid Rock Church would like to be a good neighbor and they are willing to supply the Planning Commission and City Council with the information requested. There being no further comments, Chairman Tveite closed the public hearing. Commissioner Minton noted the change of attitude displayed since Pastor Matthews has been involved with the city and thanked him for his willingness to help bring Solid Rock Church into compliance with current city code. Commissioner Minton asked staff to respond to the issue of landscaping along 195th. Mr. Schmitz responded. Chairman Tveite asked Pastor Matthews if it would be acceptable to Solid Rock Church to landscape the southerly border of their property (located south of 195th). Staff stated that due to a large portion of the site already being heavily wooded, additional trees should not be required. Pastor Matthews replied that would be acceptable. COMMISSIONER EBERLEY MOVED TO CONTINUE THE PUBLIC HEARING REGARDING THE CONDITIONAL USE PERMIT BY SOLID ROCK CHURCH TO THE JUNE 28, 1994, PLANNING COMMISSION MEETING. THE PLANNING COMMISSION REQUESTED THE APPLICANT COMPLETE A TRAFFIC STUDY ADDRESSING THE IMPACTS OF THE PROPOSED SCHOOL ON THE SURROUNDING NEIGHBORHOOD. THE ISSUE OF THE REMAINING CONDITIONS FROM THE ORIGINAL CONDITIONAL USE PERMIT BE RESOLVED. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Steve Ach stated that the applicant is not present however, Mr. Lundberg (Agenda Item 5.9) is present and requested the Planning Commission hear item 5.9 at this time. Chairman Tveite agreed. 5.9C6nsiderdVdrian(i~6tn~dC)6hditi()MC1lqs~P~rmWRed6esf~vRi2h6&.lm6hab~l"d, fhJbltCHedrihl;#GdseNO.'V94,.b.5d6dCU9f1;14 Commissioner Kreger stated he would abstain from discussion and voting on this issue due to a conflict of interest and removed himself from the table. Staff report presented by Gary Schmitz. Richard Lundberg's request is in two parts: a variance to exceed the maximum size of an accessory structure and a conditional use permit request to encroach on the 300 foot setback for an accessory structure containing livestock. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Minton asked staff to clarify where the existing drive is now and where the existing home is located on the property. Mr. Schmitz responded. . The Planning Commission discussed the size of the proposed structure, the location of the structure, and the requirements of a variance request. Planning Commission Minutes May 24, 1994 .'~". " , v fUti:. Page 10 . COMMISSIONER MINTON MOVED TO DENY THE VARIANCE REQUEST TO EXCEED THE MAXIMUM SIZE OF AN ACCESSORY STRUCTURE BY RICHARD LUNDBERG, PUBLIC HEARING, CASE NO. V 94-05, BASED ON THE FINDINGS STATED IN STAFF'S MEMO: 1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT WOULD STILL HAVE THE ABILITY TO CONSTRUCT A 1,424 SQUARE FOOT DETACHED ACCESSORY BUILDING FOR HIS HORSES. 2. THE OTHER PROPERTY OWNERS IN THE AREA ARE ALSO SUBJECT TO THE SAME REQUIREMENTS FOR ACCESSORY STRUCTURES. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF THE RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE VARIANCE WOULD NOT BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kreger abstained. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ENCROACH ON THE 300 FOOT SETBACK FOR AN AGRICULTURAL ACCESSORY STRUCTURE BY RICHARD LUNDBERG, PUBLIC HEARING, CASE NO. CU 94-14, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITION: . 1. THE DETACHED ACCESSORY BUILDING BE MOVED TO THE SOUTH AS CLOSE TO THE GAS EASEMENT AS POSSIBLE. Commissioner Eberley requested the above condition be eliminated from the approval of the conditional use permit. Mr. Lundberg's neighbors have no opposition to the placement of the structure and given the physical structure of the surrounding electricity, etc. it does not seem necessary to move the structure closer to the gas easement. COMMISSIONER MINTON AMENDED THE MOTION FOR THE CONDITIONAL USE PERMIT TO ELIMINATE THE CONDITION #1. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kreger abstained. Staff report presented by Steve Ach. T.J. Properties requested a conditional use permit for a zero lot line development allowing a shared parking and driveway. The applicant was not present. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. . Commissioner Eberley stated it was nice to see the proposed parking area in the rear with the building next to the street. Planning Commission Minutes May 24, 1994 n r;:;-; .~ r:::'\ (,.. 'n;;,,';)') WJlJHJ Page 11 . COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT FOR A ZERO LOT LINE DEVELOPMENT BY T.J. PROPERTIES, PUBLIC HEARING, CASE NO. CU 94-17, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. CROSS ACCESS/ CROSS PARKING AGREEMENTS BE PREPARED AND EXECUTED AND RECORDED WITH SHERBURNE COUNTY. 2. ALL PARKING AREAS BE IMPROVED WITH A BITUMINOUS SURFACE AND B612 CONCRETE CURB AND GUTTER. 3. A LANDSCAPE BUFFER CONSISTING OF DECIDUOUS SHRUBS AND EVERGREEN TREES BE PROVIDED ALONG THE SOUTH PROPERTY LINE BETWEEN THE PROPOSED PARKING AREA AND RESIDENTIAL DISTRICT. 4. THE HOUSE ON LOT 3 BE REMOVED FROM THE PROPERTY WITHIN THREE (3) YEARS FROM THE DATE OF CITY COUNCIL ACTION. 5. PAYMENT OF A STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE BE MADE PRIOR TO ISSUANCE OF A BUILDING PERMIT. 6. A TEN (10) FOOT DRAINAGE AND UTILITY EASEMENT BE PROVIDED AROUND THE PERIMETER OF THE PROPERTY. 7. ALL ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED MAY 13, 1994, BE INCLUDED AND MADE PART OF THIS RECOMMENDATION. . COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5,8>ggl1si9@~C1>R~fuD~stt()Sstqbl1sh(jfy\()rqtC)riurn()l1sqq~ivisi9r1s~~tb~c:i~()fElk RlVer,IN..IbHCHeoriha,CoseNoOA94;02 . . ... . . ............ . Staff report presented by Steve Ach. Consider an ordinance establishing a twelve month moratorium on subdivisions of land outside the city's current urban service area. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Chairman Tveite stated he felt it is important to protect this area until the revisions on the Comprehensive Plan have been made. Commissioner Eberley stated this is a positive move for the future planning. COMMISSIONER EBERLEY RECOMMENDED ADOPTION OF THE ORDINANCE FOR THE MORATORIUM ON SUBDIVISIONS BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. OA 94-02, CITING STAFF'S MEMO AS FINDING OF FACT. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-1, COMMISSIONER KREGER VOTED AGAINST THE MOTION. 5.10 d6nsiderd F'r8bdsediV\88ifi8dfl8htOT1F Pldl1 Rlo. 1 dHdNO. 3 ,f@bI18Heal'iHq . Staff report presented by Steve Ach. The proposed modifications to TIF Plan No. 1 and NO.3 will amend the respective plans to authorize additional tax increment Planning Commission Minutes May 24, 1994 n"',A J ,rm, 01 'if@,rm,r','J'~,',',,'" illi 11';1 "~W 'tJ U Page 12 . expenditures that are not currently referenced in the plans. Although the original modification was approved by the Council, the amendment did not reflect a 20 percent TIF debt service pledge. Adding additional language to an adopted TIF Plan triggers a new public hearing and a new administrative review cycle. Discussion ensued. COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION REVIEWED THE MODIFICATION TO TAX INCREMENT FINANCING PLAN NO.1 AND NO.3, AND FINDS THAT IT IS NOT INCONSISTENT WITH THE COMPREHENSIVE PLAN. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. .............."""""""""..........................................------------------..-........."'"""........-...... 6..1 bfhefB1.Jsinessf...beve18tMr-SAdfeemerlt.Ond..PUbAdreement..f6hElk.Pdd<;.Center Steve Ach updated the Planning Commission and reviewed the Developers Agreement. Discussion ensued. Chairman Tveite informed the Planning Commission that Building and Zoning Administrator Stephen Rohlf requested the Planning Commission add the information provided to their previous documents regarding the final EIS on Mineral Excavation. . Commissioner Kreger stated that after discussion with Stephen Rohlf regarding the EIS from Elk River Landfill, page 6 leads one to believe an EA W is forthcoming and it is not. Both agreed it was not worth editing the EIS however, it should be made part of the record. The Commissioners discussed the arranged date for the UPA/NSP and Barton Gravel Mining Tour. Steve Ach asked the Commissioners to respond to Steve Rohlf as soon as possible. Commissioner Minton stated he appreciated the effort made by Rita Johnson organizing a very good training session. Chairman Tveite iterated his appreciation. Commissioner Eberley stated that she would like to attend. Commissioners Kuester and Minton stated they would also like to attend. Steve Ach informed the Planning Commission that Troy Langer, Planning Intern will begin Tuesday, May 31, 1994. . Planning Commission Minutes May 24, 1994 @W1~~ Page 13 "'~" \J l_~, L,." . There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at approximately 11 :55 p.m. CwRes~ectfUIIY submitted, J/ 1 I . . 1 .,- · " 'l)j;t{~ frl, ,/ chn (tI15 Catherine M. Schmidt Recording Secretary . .