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11-22-1994 PC MIN ~'m@Wf' . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 22,1994 Members Present: Vice Chair Kuester, Commissioners Kreger, Thompson, Tacheny, and Minton Members Absent: Chairman Tveite and Commissioner Eberly 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 Vice Chair Kuester. Vice-Chair Kuester noted that the following requests have been withdrawn from the November 22, 1994 Planning Commission Agenda: . 5.3. UP A Reauest for Variance, Public Hearina, Case No. V 94-13 5.4. Country Ridae Partnership Zone Chanae Reauest Public Hearina, Case No. ZC 94-13, continued 5.5. Country Ridae Partnership Land Use Amendment Reauest Public Hearina, Case No. LUA 94-08, continued COMMISSIONER MINTON MOVED TO APPROVE THE NOVEMBER 22, 1994 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Minton noted that on page two, the motion for the Harley Marohn request, the words "with the following conditions" should be changed to read "for the following reasons". COMMISSIONER MINTON MOVED TO APPROVE THE OCTOBER 25, 1994 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Planning Commission Minutes November 22, 1994 Page 2 --------------------------- --------------------------- . 4.PI(]nffiiffiq@()rnrni$s@rlRe~r~s~~t(jtiv~t<5~#~~~lgI19/9#citVC%)qry<3iltv\e~tlffi9H Commissioner T acheny will attend the December 19, 1994 City Council Meeting at the Elk River City Hall. 0.1..,.. <.........ch@wl...prbehIi8Hk@dGest.tbt.Vdrld8ce,...PObliC..Hedtlffid,...CdS@Nb...V..94-].4...................... Staff report by Steve Ach. The applicant, Cheryl Froehlich, is requesting a 1.03 acre lot area variance to the minimum lot size of 10 acres for the A 1 (Agricultural Conservation) zoning district. The property is located at the northwest corner of County Road 24 and 213th Avenue. Mr. Alvin Froehlich wishes to deed 5.13 acres from his 15.13 acre parcel to Cheryl Froehlich, leaving Mr. Froehlich with a 10 acre parcel. Steve Ach stated that the administrative subdivision process allows for this type of lot split, however, this 10 acre parcel includes 1 .03 acres of right-of-way which cannot be included in the lot area. Therefore, a lot area variance would be required as part of the certificate of exemption from subdivision regulations. Steve explained that this request is similar to other requests reviewed by the Planning Commission in this particular area and staff feels that the intent and findings support their recommendation to approve the request. Cheryl Froehlich stated that the reason the parcel is less than 10 acres is because of the road right-of-way on two sides, since it is located on a corner. . Vice-Chair Kuester opened the public hearing. There being no comments from the public, Vice-Chair Kuester closed the public hearing. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CHERYL FROEHLICH, PUBLIC HEARING, CASE NO. V 94-14, FOR A VARIANCE TO THE MINIMUM LOT SIZE STANDARD OF 10 ACRES IN THE A1 (AGRICULTURAL) ZONING DISTRICT, DUE TO THE RIGHT-OF-WAY NOT BE INCLUDED, BASED ON THE FINDINGS OF FACT OUTLINED IN STAFF'S MEMO DATED NOVEMBER 22, 1994, AS FOLLOWS: 1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A-1 ZONING DISTRICT IS TO ALLOW LARGE LOT 10 ACRE SUBDIVISIONS, WITH A DENSITY OF 4 UNITS PER 40 ACRES. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS, IN THIS PARTICULAR CASE, WOULD GO BEYOND THE INTENT OF THE ORDINANCE. 2. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT FULL USE OF THE PROPERTY WHILE KEEPING WITHIN THE INTENT OF THE ORDINANCE. 3. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY, AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Staff report by Steve Ach. Dovolis Johnson and Ruggieri, Inc. is requesting a conditional use permit for site plan review of a 2,000 square foot Class II restaurant with a drive-through in Elk Center Planned Unit Development (PUD). Steve Planning Commission Minutes November 22, 1994 Page 3 --------------------------- --------------------------- . reviewed the site plan review as presented in his memo the Planning Commission dated November 22, 1994. John Ruggieri, the applicant, responded to comments made by the City Planner on the following issues: Handicap stalls - The applicant felt the handicap stalls would be best left in their planned location for safety reasons. He stated that if they were moved to align across from the side entry, they would be forced to raise the pavement 3" in and depress the sidewalk 3". Additional catch basin - The applicant feels that a catch basin in the area proposed would further irritate the existing slope, increasing it from 2 ft. to 4 ft. He did not feel there would be water spilling out onto Freeport Avenue. Underground irrigation - This will be included in the permit application. Evergreen shrubs - The applicant agreed to provide the recommended shrubs along the Highway 169 setback area. Vice-Chair Kuester opened the public hearing. There being no comments from the public, Vice-Chair Kuester closed the public hearing. . Planning Commission discussion included: sidewalk and trash area, striping of the parking stalls near the entry, signage. Commissioner Minton expressed his concern that the area in front of the dumpster area was striped for parking. Mr. Ruggieri explained that the trash removal is usually done in early morning hours and does not interfere with parking during business hours. Mr. Ruggieri explained that there would be free-standing monument-type sign at the entrance, approximately 10 ft. by 10 ft. in size, 10 feet high on a two foot base. Mr. Ruggieri agreed to stripe one of the stalls in front of the entrance for no parking. He stated that they would probably eliminate the sidewalk area at the east end of the building, since most people would come up the handicap ramp area, and that would serve as a sidewalk area. . COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JOHNSON & RUGGIERI, INC. (TACO BELL), FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING, CASE NO. CU 94-34, BASED ON THE FOLLOWING: -FINDINGS OUTLINED IN STAFF'S MEMO DATED NOVEMBER 22, 1994; -THE REVISED PLANS SUBMITTED ON NOVEMBER 22, 1994; -THE SIGN DETAILS INCLUDED IN THE PLANNING COMMISSION PACKET; -THAT A DIFFERENT METHOD OF PEDESTRIAN ACCESS TO THE BUILDING BE FOUND, RATHER THAN MOVING THE HANDICAP PARKING STALLS; -THAT THE STORM DRAINAGE PLAN BE ACCEPTED AS ADEQUATE, WITH THE ADDITION OF WIDENING THE DRAINAGE FLOW THROUGH AREA TO 3.5 FEET. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Planning Commission Minutes November 22, 1994 Page 4 --------------------------- --------------------------- .,?$,Citv8fElkRKiefRedGesffBfzBneCHdndelpMbllCHedriHd,cdseNBfzC94@,4} Staff report by Steve Ach. Request to rezone approximately 20 acres from PUD (Planned Unit Development) to R 1 c (Single Family Residential) Staff report by Steve Ach. Request to amend the Land Use Plan from HB (Highway Business) to LI (Light Industrial). Staff report by Steve Ach. Request to amend the Land Use Map from LI (Light Industrial) to MR (Medium Density Residential). Staff report by Steve Ach. Request to amend the Comprehensive Land Use Plan Map from P (Public) to LI (Light Industrial). . Staff report by Steve Ach. Request to amend the Land Use Plan Map from LI (Light Industrial) to MR (Medium Density Residential). Vice-Chair Kuester opened the public hearing. Joe Bickman, 18707 Highway 10, questioned whether or not any of these applications affected the service road area north of Highway 10. Vice-Chair Kuester stated that these requests did not affect that area. She stated that the Comprehensive Plan Steering Committee may be discussing that area at their meeting on December 1 at 6:30 p.m. There being no other comments from the public, Vice-Chair Kuester closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CITY OF ELK RIVER REQUEST TO AMEND THE COMPREHENSIVE LAND USE PLAN FROM LI (LIGHT INDUSTRIAL) TO MR (MEDIUM RESIDENTIAL), PUBLIC HEARING, CASE NO. LUA 94-12, BASED ON THE FOLLOWING FINDINGS: 1) TIMES AND CONDITIONS HAVE CHANGED TO WARRANT A LAND USE AMENDMENT. 2) THE LAND USE AMENDMENT WOULD BE CONSISTENT WITH THE CURRENT ZONING DESIGNATION AND WOULD ALLOW A MEDIUM DENSITY TOWNHOUSE DEVELOPMENT. . Planning Commission Minutes November 22, 1994 Page 5 --------------------------- --------------------------- . 3) THE CONSTRUCTION OF 183RD AVENUE, WEST OF JOPLIN STREET, HAS lEFT A NARROW STRIP OF lAND WHICH WOULD BE DIFFICULT TO DEVELOP UNDER THE CURRENT LI (LIGHT INDUSTRIAL) lAND USE DESIGNATION. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE REZONING FROM PUD (PLANNED UNIT DEVELOPMENT) TO R1 C (SINGLE FAMilY RESIDENTIAL), PUBLIC HEARING, CASE NO. ZC 94-14, AND THE lAND USE AMENDMENT FROM LI (LIGHT INDUSTRIAL) TO MR (MEDIUM DENSITY RESIDENTIAL) BASE ON THE FOllOWING FINDINGS: 1. THE REZONING AND lAND USE AMENDMENT Will NOT COMPROMISE THE INTEGRITY AND ESTABLISHMENT OF THE BUSINESS PARK ZONING DISTRICT. 2. THE REZONING AND lAND USE AMENDMENT Will AllOW FOR A CONTINUOUS STRIP OF COMPATIBLE RESIDENTIAL USES TO OCCUR IN THE WESTERN AREA OF THE CITY. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST TO AMEND THE COMPREHENSIVE lAND USE PLAN FROM P (PUBLIC) TO LI (LIGHT INDUSTRIAL) FOR THE SHERBURNE COUNTY COURTHOUSE PARCEL, PUBLIC HEARING, CASE NO. lUA 94-11, BASED UPON THE FOllOWING: 1. THE lAND USE AMENDMENT WOULD BETTER IMPLEMENT THE BUSINESS PARK CONCEPT, ADOPTED BY THE COUNCil. 2. THE lAND USE AMENDMENT IS CONSISTENT WITH THE EXISTING ZONING DESIGNATION AND SURROUNDING lAND USES. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER TACHENY MOVED TO RECOMMEND APPROVAL OF THE REQUEST FOR THE lAND USE AMENDMENT, AMENDING APPROXIMATELY 5 ACRES FROM HB (HIGHWAY BUSINESS) TO LI (LIGHT INDUSTRIAL), PUBLIC HEARING, CASE NO. lUA 94- 09, BASED UPON THE FOllOWING: 1. AMENDING THE lAND USE MAP TO LI (LIGHT INDUSTRIAL) Will BRING THE lAND USE MAP INTO COMPLIANCE WITH THE ZONING MAP. 2. AMENDING THE lAND USE MAP TO LI (LIGHT INDUSTRIAL) Will PROVIDE FOR CONTINUITY IN THE lAND USE MAP AND AllOW FOR COMPATIBLE lAND BUSINESS PARK ZONING DISTRICT. 3. THE lAND USE AMENDMENT IS CONSISTENT WITH ACTION TAKEN BY THE CITY COUNCil ON OCTOBER 17, 1994, APPROVING THE ORDINANCE REZONING THIS PROPERTY FROM PUD TO BUSINESS PARK. . Planning Commission Minutes November 22, 1994 Page 6 --------------------------- --------------------------- . COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. .........",........ - -------.-..................,'.'.....................'"............"...................."""""".",....---..-----.---.----_._,.---.-_...............,""',........................ .ti..l.l...... . ..dif'{.c)f..~lk~i\lt7r..Real1e5f..fc>r..Orl.()r8il1dh6e..Arrleht:lrneht..t()se6ti()h..9()().g#.........~qrld~g.. C:1ri8&6d8ihdReblJitEkhehH,fh..lbIt6HearlRd................................. ... ..................................................... COMMISSIONER MINTON MOVED TO TABLE THIS ITEM TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1. Reschedule December Plannina Commission Meetina It was the consensus of the Planning Commissioners to leave the meeting date as planned for December 27, 1994, at 7:00 p.m. 7.2. Appoint Plannina Commissioner to Chamber of Commerce Task Force on the Elk River Central Business District Commissioners T acheny and Minton expressed interest in serving on this task force. Vice-Chair Kuester agreed to contact the Chamber of Commerce to inform them of this appointment. Other Issues . Vice-Chair Kuester noted that Mayor Duitsman specifically requested that the Planning Commission review the parking requirements in the downtown area. The concern centers on the need to provide on-site parking which impacts redevelopment projects. Steve Ach explained that the issue would be to consider parking alternatives for businesses interested in redevelopment in the downtown, and who will provide the parking. Commissioner Kreger suggested that the Jackson Square parking lot would be possible site to locate a parking ramp. Commissioner Tacheny suggested that the business owners be required to set aside funds for providing parking in the future. Landscape Ordinance Vice-Chair Kuester noted that the Council will be reviewing this ordinance for an additional month and sending their written comments back to the Planning Commission for their input. The main issues of concern are clear cutting and performance guarantees. . Planning Commission Minutes November 22, 1994 Page 7 --------------------------- --------------------------- . Commissioner Kreger Item Commissioner Kreger expressed his concern with the City's ordinance which requires a conditional use permit for an accessory building. Commissioner Minton suggested that this item be discussed at the upcoming workshop meeting. There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5. o. The meeting of the Elk River Planning Commission adjourned at 8: 1 0 p.m. Respectfully submitted, ~. ''f{~ Debbie Kleckner Planning Secretary . .