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12-27-1994 PC MIN ~",fPJff!E' . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 27, 1994 Members Present: Chair Tveite, Commissioners Eberley, Kreger, Kuester, Thompson, Tacheny, and Minton Members Absent: None Staff Present: Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant; Terry Maurer. City Engineer; 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 Tveite. .2. ............/c8ffisidef'DecembeH27j...1994PI8hninocommissi6nAoeffidO...................................................... The following items were added to the 12/27/94 agenda: . Item 6.3. - Commissioner Eberley - "Pipe Dream to Reality" Item 6.4. - Commissioner Minton - Tributes COMMISSIONER KREGER MOVED TO APPROVE THE 12/27/94 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. ..,...................-.................-_..............-..--..............................--...................................................-........................-.......... 3.COhs18etN8VeH1beH22'1994ipldHhihdC6r'l"ir'l"iissiCM.Minutes.. Add Commissioner Kreger to "Members Present". COMMISSIONER MINTON MOVED TO APPROVE THE 11/22/94 PLANNING COMMISSIONER MINUTES AS AMENDED. COMMISSIONER TACHENEY SECONDED THE MOTION. THE MOTION CARRIED 5-0-2. CHAIR TVEITE AND COMMISSIONER EBERLEY ABSTAINED AS THEY DID NOT ATTEND THE 11/22/94 MEETING. 4iPlClt1t"\iHdCOrnmisSi8HertObHendUbRuorv2S'1995CHvCOGtffiCiIMeetlnQH' Commissioner Kreger will attend the January 23,1995 City Council meeting. . Planning Commission Minutes December 27, 1995 Page 2 . Staff report by Gary Schmitz. The Chuba Company has requested approval for the following: A. Preliminary plat to subdivide 1.4 acres into 5 industrial lots B. Conditional use permit for a zero lot line development C. Variance to the minimum lot size in the 1-1 zoning district The subject property is located at the corner of Vernon Street and Elk Lake Road. The preliminary plat. Vernon Plaza, is a replat of Lot 2, Block 1, Meadowvale Commercial Park. The conditional use permit for a zero lot line development would allow ind!vidual ownership of five (5) parcels. A variance is needed because the current minimum lot size is one (1) acre in the 11 zoning district (the lots range in size from 4,000 square feet to 10,000 square feet). Staff recommends approval of the requests based on the findings cited in staff's memo to the Planning Commission dated December 27, 1994. Elk River Municipal Utilities has requested that the common area of Lot 1, Block 1, be dedicated as a drainage and utility easement. Dennis Chuba, developer, requested that the drainage and utility easement be recorded as a separate document, as the final plat has already been completed. . Chair Tveite opened the public hearing. There being no comments from the public, Chair Tveite closed the public hearing. Commissioner Kreger expressed his concern regarding the variance finding of a hardship, stating that the property could be developed as proposed, except that individual ownership of lots will be eliminated. Gary Schmitz explained that there appears to be a problem with the ordinance, in that zero lot line development is allowed, but a minimum lot size of one (1) acre would restrict that type of development from occurring. Discussion followed regarding the impact of the ordinance regarding zero lot line development and minimum lot sizes in the City's zoning districts. Commissioner Minton questioned whether or not the applicant would be willing to wait the 60 days necessary for an ordinance amendment to allow smaller lot sizes for zero lot line development. Mr. Chuba stated that he would like to begin development as soon as possible. COMMISSIONER KREGER MOVE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CHUBA COMPANY FOR A VARIANCE, PUBLIC HEARING CASE NO. V 94-16, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP TO THE APPLICANT AS A RESULT OF A MISCOMMUNICATION OF THE INTENT OF THE ORDINANCE REQUIREMENTS CURRENTLY IN EFFECT, AND THAT THE INTENT OF THE PLANNING COMMISSION AND CITY COUNCIL IS TO MODIFY THE ORDINANCE TO ALLOW SUCH DEVELOPMENTS IN THE FUTURE, THEREFORE, MAKING THE REQUEST A LEGAL, CONFORMING REQUEST IN THE FUTURE. . Planning Commission Minutes December 27, 1995 Page 3 . 2. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP SINCE THE INTENT OF THE ORDINANCE IS NOT TO MANDATE OWNERSHIP OF LAND BUT TO DIRECT LAND USE. 3. REDUCING THE INDIVIDUAL LOT SIZE DOES NOT INCREASE THE DENSITY OF THE DEVELOPMENT OR MODIFY THE CONSTRUCTION OF THE BUILDING. 4. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OF THE NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CHUBA COMPANY FOR PRELIMINARY PLAT APPROVAL FOR VERNON PLAZA, PUBLIC HEARING, CASE NO. P 94-12, BASED ON THE FACT THAT THERE WAS NO NEGATIVE RESPONSE FROM THE PUBLIC, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. ASSOCIATION DOCUMENTS FOR THE OFFICE BUILDING AND COMMON SPACE BE REVIEWED BY THE CITY ATTORNEY AND RECORDED WITH SHERBURNE COUNTY. . 2. A SEPARATE DOCUMENT BE RECORDED WITH SHERBURNE COUNTY, DEDICATING THE COMMON AREA OF LOT 1, BLOCK 1, VERNON PLAZA, FOR DRAINAGE AND UTILITY EASEMENT PURPOSES. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CHUBA COMPANY FOR A CONDITIONAL USE PERMIT FOR ZERO LOT LINE DEVELOPMENT BASED ON THE CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITION: 1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER MINTON MOVED TO RECOMMEND THAT THE CITY COUNCIL INITIATE THE PROCESS TO AMEND THE CITY'S ORDINANCE TO MAKE EXCEPTION TO THE MINIMUM LOT SIZES IN THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS TO ALLOW ZERO LOT LINE DEVELOPMENT. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Planning Commission Minutes December 27, 1995 Page 4 . 5.5. .... T6m&SardHartman/GuardianAngelsReauest for Land Use Amendment/PubliC Hearino, Case No~ LU 94~ 13.. ... . Staff report by Steve Ach. Applicants are requesting; (a) a Comprehensive Land Use Plan amendment, changing the land use from MR (Medium Density Residential) to HB (Highway Business). and. (b) rezoning from R1c (Single Family Residential and R2b (Two Family Residential). to C3 (Highway Commercial). Property is located north of Highway 10 and west of the Joplin Street alignment. Steve Ach reviewed background information regarding transportation routes for development of the west Highway 10 area. signalization and frontage road needs. He explained that the proposed frontage road alignment north of Highway 10 at Joplin Street will create a 3-4 acre parcel between Highway 10 and the frontage road. The affected property owners in this area are requesting a commercial land use and zoning designation. Steve noted that the precise legal description of the area to be rezoned has not be determined because the exact alignment of the frontage road has not been finalized. Guardian Angels, property owner on the east. wishes to develop their vacant property north of the frontage road as a medium density senior housing project. Tom and Sara Hartman, property owners to the west, are considering single family residential development of their property north of the proposed frontage road. . Steve Ach stated that staff supports the applicants' requests and feels that the commercial zoning district would make a good transition between the highway and residential development. He noted that the ideal commercial zoning for this area would be a neighborhood or community-type zoning. and may be a recommendation of the Steering Committee. He cautioned that the C3 zoning district currently is the most intense commercial district and allows a wide variety of uses. Carol Mills, representative of Guardian Angels, applicant, stated that Guardian Angels Board of Directors was pleased to see the frontage road design. as it would provide accessibility for their proposed senior assisted-living housing project. Tom Hartman, applicant, 18675 Macon Street, stated that he had no objection to a future zone change to a neighborhood-type zoning. if the district is created. Steve explained the proposed boundaries of the area to be rezoned. Chair Tveite opened the public hearing. There being no comments from the public, Chair Tveite closed the public hearing. Commissioner Eberley expressed her approval of the frontage road and the importance of providing interest in the physical appearance of the west Highway 10 corridor. . Commissioner Kreger suggested that the Commission act only on the land use amendment at this time. since the alignment has not been finalized. Planning Commission Minutes December 27, 1995 Page 5 . steve Ach questioned the applicants whether or not they would be able to wait for a zone change. Carol Mills stated that sewer and water is coming into the properties and they would like to proceed with their plans, as assessments will be due. Terry Maurer, City Engineer, explained that the two ends of the alignment are set, since one end must line up with the Highway 10 intersection and the other with the existing roadway. Also, he noted that the curves must meet minimum design standards and would not allow for any significant deviation from the proposed plan. Discussion followed regarding development of the proposed C3 property and potential uses. Steve Ach noted that the uses in a C3 zone that would be considered incompatible with residential zoning are all conditional uses in a C3 zone. He felt there could be findings to restrict those incompatible uses next to residential, or conditions to mitigate the impact of commercial. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE LAND USE AMENDMENT REQUEST BY TOM & SARA HARTMAN, AND GUARDIAN ANGELS OF ELK RIVER, INC. , FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS). COMMISSIONER KUESTER SECONDED THE MOTION. . Commissioner Eberley questioned whether or not other applicants have been turn down or put on hold, pending Steering Committee action. Steve Ach stated that a Highway 169 commercial proposal was discussed and referred to the Steering Committee, but that issue required further study and discussion. THE MOTION CARRIED 7-0. COMMISSIONER KREGER MOVED TO RECOMMEND TABLING THE ZONE CHANGE REQUEST BY TOM & SARA HARTMAN, AND GUARDIAN ANGELS OF ELK RIVER, INC., FOR TWO MONTHS. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION FAILED 3-3.1. CHAIR TVEITE, COMMISSIONERS EBERLEY AND KUESTER VOTED NAY. COMMISSIONER TACHENY ABSTAINED. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE ZONE CHANGE REQUEST BY TOM & SARA HARTMAN, AND GUARDIAN ANGELS OF ELK RIVER, INC., FROM R1 C (SINGLE FAMILY RESIDENTIAL) AND R2B (TWO FAMILY RESIDENTIAL/MR (MEDIUM DENSITY RESIDENTIAL) TO C3 (HIGHWAY BUSINESS), CITING THE PLANNING COMMISSION'S DISCUSSION REGARDING THE NEED FOR PROPER ATTENTION TO HIGHEST AND BEST USE OF THE PROPERTY, AND APPROPRIATENESS TO THE AREA, AND POTENTIAL LAND USE CHANGES IN THE WEST HIGHWAY 10 AREA OF THE COMMUNITY, AND BASED ON STAFF'S RECOMMENDATIONS IN STAFF'S REPORT TO THE PLANNING COMMISSION DATED 12/27/94. COMMISSIONER EBERLEY ADDED THAT IF A NEW ZONING DISTRICT IS CREATED IN THE FUTURE AS A RESULT OF THE STEERING COMMITTEE'S RECOMMENDATIONS, THIS PARCEL MAY BE A CANDIDATE FOR THE COMMUNITY. TYPE COMMERCIAL ZONING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. . Planning Commission Minutes December 27, 1995 Page 6 . COMMISSIONER KUESTER MOVED TO REQUEST THE STEERING COMMITTEE TO ACT ON A RECOMMENDATION FOR THE CREATION OF A NEW NEIGHBORHOOD jCOMMUNITY-TYPE ZONING DISTRICT. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Gary Schmitz. Mr. Weicht is requesting a 5 foot side yard setback vaiance for a 100' by 120' addition to the existing 166' by 120' Furniture and Things warehouse, located at 17201 Ulysses Street. Enclosed warehousing is a permitted use in this zoning district (11). In reviewing the site plan for the proposed addition, staff discovered that the existing building had a 20 foot side yard setback, rather than the required 25' setback. When the building was constructed, staff inadvertently determined the south property line as the rear of the property, due to the location of the existing cul-de-sac. Since Ulysses Street is proposed to extend south in the future, the south property line should have been determined as a side lot line. The applicant wishes to follow the same building setback of 20 feet for the new addition. Staff feels that the 5 findings for granting a variance can be met and recommends approval of the variance . Gary Schmitz noted that staff is studying whether or not a 25 foot setback is necessary in the industrial zoning districts, and may bring forth an ordinance amendment requesting this change in the near future. Chair Tveite opened the public hearing. Harold Novotny, 9884 174th Avenue NW, property owner south of the subject property, questioned what is being done about the water drainage problem. Gary Schmitz e)'tplained the drainage plan that staff has discussed with the developer. Mr. Novatny questioned how the property owner would be able to back in his semi-trailer trucks if the wide drive were cut off. Terry Maurer, City Engineer. stated that the developer has indicated that the area in question is mainly used as a turn-around, but that if it is to be used as a driveway, it will need to be made narrower and a culvert placed under it with a swale on both sides. Gary Schmitz stated that this requirement will be part of the site plan approval which must be met before a building permit will be issued. Chair Tveite closed the public hearing. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUESTED BY JOHN WEICHT AND ASSOC. AND THE FEE OWNER - LARRY HICKMAN, PUBLIC HEARING, CASE NO. V 94-15, BASED ON THE INFORMATION IN STAFF'S MEMO, INCLUDING THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY CREATING A NONCONFORMING SITUATION FOR THE EXISTING BUILDING. . 2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER'S ACTION BUT DUE TO AN OVERSIGHT BY CITY STAFF. Planning Commission Minutes December 27, 1995 Page 7 . 3. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER, OR THE GENERAL AREA WHERE THE PROPERTY IS LOCATED. 4. GRANTING THE VARIANCE WOULD ALLOW FOR A CONSISTENT BUILDING LOCATION ALONG THE ENTIRE SOUTH PROPERTY LINE. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report presented by Steven Ach. Kingman Building Company has requested the following: . (a) (b) (c) Rezoning approximately 2 acres from R1c (Single Family Residential) to PUD (Planned Unit Development). Preliminary Plat to subdivide 15 acres into 64 twinhome lots and one lot dedicated to common space. A Conditional Use Permit for site plan review of a Planned Unit Development. Subject property is Outlot B of Country Crossing 2nd Addition (15 acres lying southwest of the intersection of Joplin Street and 183rd Avenue). Preliminary Plat The proposed development includes 64 single-family twinhomes, with private roads to be maintained by the homeowner's association. Elk River Utilities has requested that the common area, Lot 65, have a drainage and utility easement for locating and installing utilities throughout the development. The project will have a density of 5.8 units per acre excluding the pond area, and 4.3 units per acre including the pond. All units will have an attached 2-car garage, and will have the option of adding a 2nd level and/or 3-4 season porch. Steve reviewed the landscaping, parking, and roadway plans as shown in the drawings provided by the developers. Dave Kingman of Kingman Building Co., developer, highlighted information provided in the application package. He explained the twinhome concept and its appeal to the empty-nest buyer. Jay Johnson of Country Ridge Partnership, developer, added that he feels the project will complement the residential to the south, and also fit in with the Business park and development to the north. . Chair Tveite opened the public hearing. There being no comments from the public, Chair Tveite closed the public hearing. Planning Commission Minutes December 27, 1995 Page 8 . Commissioner T acheny questioned who will enforce the "no parking" on the private streets. Steve Ach stated that additional parking has been created in the development for guest parking, but if parking becomes a problem, it will come back to the City for enforcement. Discussion followed regarding access for emergency vehicles. Terry Maurer explained that even if a vehicle parked on one side of the street, there still would be approximately 16 feet of width. He felt that in an emergency situation, a vehicle could get through, even if it meant going up over a curb. Terry stated that the major concern is that fire hydrants are accessible to hook up the hoses. Steve Ach noted that the streets within the development would be named and numbered according to the City's grid system. . In response to discussion regarding the pond, Terry Maurer explained that the MPCA standards state that there should be 4 feet of standing water, with the bottom 2 feet for sediment to build up before the pond would need to be cleaned out. He added that since the pond is located on Lot 65 which will be covered with a drainage and utility easement, it will be part of the City's drainage system and need to be cleaned out occasionally. However, the City would not be responsible for mowing around the site. Terry Maurer further explained that they have found that ponds with slopes of 4: 1 or flatter, a person could get out of the pond; and that ponds with slopes steeper than 4: 1 would be more difficult and therefore, should be fenced to keep people out. Commissioner Kreger questioned who would maintain the driveways. Mr. Kingman explained that driveway maintenance would be included in the homeowners' association agreement. Discussion followed regarding using the roadway for pedestrian traffic. It was the consensus that the street design will discourage high speed traffic and make it relatively safe for pedestrian use. Mr. Kingman explained that the trail system follows Joplin north to Orono Parkway. COMMISSIONER KREGER MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE ZONE CHANGE FROM R1 C TO PUD, BY KINGMAN BUILDING CO, PUBLIC HEARING CASE NO. ZC 94-16, BASED ON THE APPLICATION BY KINGMAN BUILDING CO., THE INFORMATION IN STAFF'S MEMO TO THE PLANNING COMMISSION DATED 12/27/94, INCLUDING THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN MAP. 2. THE REZONING IS A LOGICAL EXTENSION OF THE EXISTING PUD DESIGNATION IMMEDIATELY TO THE NORTH. 3. THE PUD ZONING FOR A TWINHOME PROJECT ALLOWSFOR A LOGICAL TRANSITION IN LAND USE DENSITIES. . 4. THE REZONING WILL NOT BE DETRIMENTAL TO THE SURROUNDING AREA. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. Planning Commission Minutes December 27, 1995 . 4. 5. 6. 7. . 8. 9. Page 9 COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT REQUESTED BY KINGMAN BUILDING CO., PUBLIC HEARING CASE NO. P 94-13, TO SUBDIVIDE 15 ACRES, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS STATED IN TERRY MAURER'S MEMO DATED 12/27/94. 2. THE PLAT CONSIST OF 62 TWINHOME LOTS AND ONE LOT DEDICATED TO COMMON SPACE AND CONTROLLED BY THE HOMEOWNERS' ASSOCIATION. 3. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT AS REQUESTED BY THE CITY ENGINEER AND ELK RIVER UTILITIES. NECESSARY STREET LIGHTS AS DETERMINED BY ELK RIVER UTILITIES BE INSTALLED AS PART OF THE PROJECTS UTILITY IMPROVEMENTS. A SIDEWALK BE INSTALLED ALONG THE SOUTH SIDE OF 183RD AVE. FROM JOPLIN TO SANDPIPER ESTATES. A STORM SEWER IMPACT FEE IN THE AMOUNT OF $120.00 PER UNIT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER UNIT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ASSOCIATION DOCUMENTS TO SUBMITTED FOR REVIEW BY THE CITY ATTORNEY PRIOR TO RELEASING THE PLAT FOR RECORDING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW, REQUESTED BY KINGMAN BUILDING CO., PUBLIC HEARING CASE NO. CU 94-36, BASED ON THE INFORMATION IN STAFF'S MEMO TO THE PLANNING COMMISSION DATED 12/27/94, AND THE FACT THAT THERE WAS NO ADVERSE RESPONSE DURING THE PUBLIC HEARING; WITH THE FOLLOWING CONDITIONS: 1. A PUD AGREEMENT OUTLINING THE STANDARDS FOR THE DEVELOPMENT BE PREPARED AND EXECUTED PRIOR TO RECORDING THE PLAT. 2. ALL COMMENTS STATED THIS REPORT BE INCORPORATED AND MADE PART OF THE DEVELOPMENT PLANS. . 3. ALL OF TERRY MAURER'S COMMENTS BE INCORPORATED AND MADE PART OF THE DEVELOPMENT PLANS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. Planning Commission Minutes December 27, 1995 Page 10 . Commissioner Eberley expressed her appreciation to the developers for their patience in the proposal process and her approval of the end result. ...-.',-....,'........'.'...._...,.......,','..,....'..,...,',...,..'.....',..,......--."'.......',...,',.,.......-.........---........-........----.---..-............",.-"..................'"....,.. ...-...,.........-..,..."........... 5nO.~()rl<lhq()rClihCln?eA.hi~ndrr'l~rH.S~pti9n90().r2~-PClrl<ir1g(]hd~9(j~in<J>H >..>..>>>...Reauirements;Public..Hearina'Con1imJed....Gase..No..OA...9*4......./........... Steve Ach reviewed the additions and deletions recently made in the draft ordinance amendment. Chair Tveite opened the public hearing for comments from the audience. Members of the Planning Commission provided the following comments on the parking ordinance: Commissioner Kreqer -Felt that the ordinance should be called "Parking and Loading" -Suggested 9Y:z' width and minimum length of 22' for parking stalls . -Paragraph 9 - feels that the requirement for paving all off-street parking areas and off-street is unreasonably oppressive to major rural population; should be limited to platted property and developments. Unfair to gravel and large farming operations. -Page 5. Dwellings; motel or hotel - felt that five spaces was inadequate if a hotel were to have a party and/or conference rooms. -Page 6. Public Buildings. suggested requiring 1 space for each four hundred sq. ft. of floor area. -Page 13. Overhead Doors; does not find them offensive and sees no need to require them to be in back of building; should pay more attention to condition of the doors. -Page 15. Screening & Buffering Standards. limit this requirement to areas adjacent to residential or exempt heavy industrial areas. Commissioner T achenv -Page 5. Lighting; asked clarification on "candles" standards; concerned that parking areas be well-lighted for safety reasons. -Overhead doors; less emphasis on not having them in front; are needed in some types of businesses such as a tire store. Commissioner Eberlev -Required Number of On-Site Parking Spaces; tying number of spaces to number of employees may be difficult to monitor-suggested using square footage. . -Added her concern that parking areas be well-lighted. Planning Commission Minutes December 27, 1995 . Page 11 Commissioner Minton -Page 2, Item 4, paragraph 2, leave in exception for zero lot line, replace "multi- family" with "developments". -Screening of overhead doors would be difficult to accomplish. -Page 12, Table A, felt last line should be removed, last line could be "501 and greater. " -Page 5, Required Number of On-site Parking Spaces, needs to be studied further. COMMISSIONER MINTON MOVED TO CONTINUE THE PUBLIC HEARING FOR THE PARKING ORDINANCE AMENDMENT, SECTION 900.24 -PARKING AND LOADING REQUIREMENTS, CASE NO. OA 94-4, TO THE JANUARY 24, 1995 PLANNING COMMISSION MEETING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. .........................-.---.............................................................-.............................-...-...............................',....,......-.....-..........".....,..... ....,.......".... 9H,(jjtY6fErk~iV~r~€lql.l€lsffor()r~ihdnge~frl€@~frl~hf~Z9nrn9()r~in9ngeS€l9!i9n .......................<<.......900.30,...rSeteehinddnd...Londscooihd...Red8iremehtsl>Cdse..N6.0A.9.MS.....<.................................. 1. . 2. 3. 4. 5. Steve Ach reviewed the 7 changes made in the Screen and Landscaping ordinance amendment as follows: Removed the definition of clear cutting (relates to Change #7- preservation of woodlands) Page 3, double frontage - taken out Page 3, screening of mechanical equipment, added language to allow painting if other methods of screening cannot be accomplished. Words "completely screen" deleted. Page 6, credit for oversize trees, took out exclusion of certain types of trees. 6. Deleted performance guarantee section. 7. Added Preservation of Woodlands section. The following comments were made by the Planning Commission members: Commissioner Minton -Page 3, section relating to screening of automobile headlights not in this draft; would like to see included: "The light from automobile headlights and other sources shall be screened whenever it may be directed into adjacent residential windows. " . - "All external loading and service areas" , previously had "except at access points" not included in this draft, would like to see included. -Page 4, Slopes adjacent to Pedestrian systems....., good addition. Planning Commission Minutes December 27, 1995 Page 12 . -Would like to keep the list of prohibited trees, feels that we need look at list. -Page 7, regarding field inspections, use the word "may" instead of "shaW'. -Performance Guarantee - why taken out. Steve explained that there was a Council concern for adding an additional developer cost. Commissioner Minton stated he was in favor of leaving it in unless there was some other means to ensure that the improvements were made; enforcement issue. Commissioner Kuester -Feels very strongly that there needs to be a performance guarantee and if there is not, the landscaping and screening ordinance can only be used as a guideline because there would be no way to enforce it. Chair Tveite -Sees no need to require underground sprinkler systems. Commissioner Eberlev -Feels list of prohibited trees need to be looked at again. . -Feels strongly about need for performance bond. -Against deleting the definition of clear cutting and all other issues that relate to the preservation of trees. Feels that what can be put into ordinance that speaks to importance of maintaining what we have that contributes to the community's character and appeal, we should seek to maintain and preserve. In favor of terms like clear cutting so there is no question about what is or is not expected. Problems in past relate to not being clear on what is expected; large, old trees are cut down, replaced with poplar that only lasts 10 years. Need to demand high quality and part of that is preservation. In favor of leaving terms in if they strengthen the intent. Commissioner T achenv -In favor using diameter measurement for size of trees, rather than caliper. -Page 3, opposed to option of painting mechanical roof components; feels that developers would use that option rather than trying to screen since it would be the easiest. -Questioned the allowance to leave large unused open areas unscreened as long as they are free of noxious weeds. -In favor of method of enforcement such as the performance guarantee. . Commissioner Thompson ~In agreement with comments of other commissioners. Planning Commission Minutes December 27, 1995 Page 13 . Commissioner Kreaer -Clear cutting definition not an important issue. -Performance guarantee not necessary. -Agreed with Chair Tveite that underground sprinklers should not be required, and felt that it would be more important to address the issue of having adequate top soil. -Page 4(B)(i); feels that existing development should be grandfathered in. Against forcing people to change their existing landscaping plans in order to meet the ordinance. -Page 5(iii); divided by fifty (50) feet is more appropriate. -Concern that government is getting too involved in personal lives, and some of these issues cross over the line. John Weicht, resident and local developer, expressed his concern regarding screening of loading areas and overhead doors, and also screening of off-street business parking areas to 80% opacity. Commissioner Minton stated that this is for businesses adjacent to residential areas. . Steve Ach stated that he would not be opposed to deleting the opacity requirement and instead determine the necessary screening and/or landscaping as part of the site plan review process. John Weicht further stated that he IS In favor of painting of mechanical equipment on buildings. Also, he suggested that the requirement for a landscape architect not be required. The Planning Commission members concurred that it would be acceptable to use the terms "qualified individual". Mr. Weicht stated that he felt the responsibility for the quality of the landscaping one year after developemnt should be placed on the owner of the property, and not the contractor or the developer. Further. Mr. Weicht expressed his concern for the requirement to use balled and burlapped trees. He feels that a developer is likely to put in more trees and shrubs than required if they are not forced to use the most expensive type of plantings. Jeff Gongoll, local developer and resident, stated that he did not feel clear cutting is being done indiscriminately in the City of Elk River. He explained that as a part of his development. they were required to do an EAW (Environmental Assessment Worksheet) which required a tree preservation act. He stated that he does not disagree with the concept of a performance guarantee, but feels that the letter of credit which is already required is sufficient. . Discussion followed regarding the performance guarantee requirement. Commissioner Kuester expressed her concern that it is difficult and costly to force compliance without some type of financial assurance. Chair Tveite summarized that the Planning Commission's recommendation would be to require that some Planning Commission Minutes December 27, 1995 Page 14 . type of performance guarantee be in place to ensure that approved landscaping plans are completed. 6.2. . ...........c:it'l()f....Elk....Ri~er...ReaUest....t().....,A,rnend..SeCtion...900.2S....'Hbme....OCclJDati6hs}....Of...the Subdivision Ordiri6nce< . .. . Steve Ach submitted information that was gathered as a result of a Planning Commission workshop discussion regarding conditional use permits for home occupations. Commissioner Kuester pointed out that at the State Planning Commission workshop, they were informed that there is a new state regulation which allows cities to include gun repairs and sales as a prohibited home occupation. Commissioner Kuester stated that she felt the bottom line is to try to anticipate which types of home occupations may be offensive so that ordinance restrictions are in place. Commissioner Minton stated that he felts this topic should be discussed further at another Planning Commission workshop. .6.$.......... .........CommisSIbneH.l:berlevltem-'.Pibe..[:WeamHOReolitv~t.............. . Commissioner Eberley passed on information to the Planning Commission found in a publication called "Urban Forests" which promotes tree preservation. She stated that she read an article about getting things done and looking beyond using traditional means. In the article, a 30-family community in Maryland put in their own sanitary sewer and water using a $35,000 STEP grant and a $50,000 20- year loan from the state, which they later forgave. Commissioner Minton commended Chair Tveite for a job well done serving as the Planning Commission Chair. He further recognized Commissioner Eberley for the professionalism she has demonstrated in serving on the Elk River Planning Commission. Commissioner Eberley expressed her regret that Chair Tveite was leaving the Commission and also, her appreciation to members of the Planning Commission for volunteering their service. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at 10:50 p.m. Respectfully submitted, . Debbie Kleckner Planning Secretary