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02-23-1993 PC MIN ~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, FEBRUARY 23, 1993 Members Present: Chairman Minton, Commissioners Eberley, Johnson, Kreger, Kuester, Spotts, and Tveite. Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Schmitz, Zoning Assistant; Catherine schmidt, Recording Secretary 1. Call Meeting to Order 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 Minton. 2. Consider Planning Commission Agenda The following items were added for discussion: Commissioner Johnson regarding the May Conference; Janelle Schmitz regarding GTS Workshop; and Commissioner Tveite regarding minutes from the Annual Meeting. ~ COMMISSIONER TVEITE MOVED TO APPROVE THE 2/23/93 PLANNING COMMISSION AGENDA. COMMISSIONER EBERLEY SECONDED THE MOTION.THE MOTION CARRIED 7-0. 3. Consider Planning Commission Minutes COMMISSIONER JOHNSON MOVED TO APPROVE THE 1/26/93 PLANNING COMMISSION MINUTES. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend Next City Council Meeting It was indicated Commissioner Tveite would attend the 3/15/93 City Council meeting to be held at the Elk River Public Library. 5. Consider a Request For a Conditional Use Permit by Sherburne County Grower's Association, Bill Kennedy/Public Hearing ~ Janelle Schmitz, Zoning Assistant, explained the applicant, Sherburne County Grower's Association (Farmers Market) is requesting a conditional use permit to locate a Farmers Market in a City owned parking lot located between King and Jackson Avenues. The Farmers Market plans to locate in the downtown site 1 day per week and at the Cenex site 1 day per week. Mr Kennedy indicated they wish to retain some flexibility regarding the number of days they can operate, the specific day(s) of the week, and some flexibility regarding the site. Ms. Schmitz stated staff understands the Farmers Market's desire for flexibility, however, conditional use permit requests are site specific. Ms. Schmitz reminded the Planning Commission that the same issues may not apply in other locations. The Farmers Market is Elk River Planning Commission Minutes February 23, 1993 Page 2 . anticipating approximately 15-20 vendors and plans to open May 1, 1993, through the end of October, 1993. They would use approximately 32 of the 74 available parking stalls and traffic could flow around 3 sides of the area. Ms. Schmitz indicated the location of a Farmers Market in this parking lot could lead to possible interference with the parking needs of adjoining businesses. In a 1991 downtown traffic study done by staff, Friday afternoons appeared to be the most active. Also, Elk River Meats has a slaughter day every other Monday. Staff recommended Mr. Kennedy coordinate with the downtown businesses. Ms. Schmitz recommended the conditional use permit contain the necessary language to ensure the site is cleaned after each day of use. Chairman Minton opened the public hearing. Mr. Kennedy, 10205-201st Avenue NW, Elk River, stated the Farmers Market would like some flexibility as to the site location and the day of week. Ms. Schmitz replied staff understands the request for some flexibility if Mr. Kennedy is willing to work with the Downtown Association. . There was discussion regarding the site location and the day(s) of the week to operate. Jim Mulroy, 305 Jackson, Elk River, representing the Downtown Association, commented that Wednesday or Thursday and Sunday would be good days to operate and not cause conflict with the downtown businesses. No formal vote was taken by the Downtown Association, however, Mr. Mulroy has discussed this request with other business owners and all hope it will be a cooperative effort. Dennis Chuba, 317 Main Street, downtown businessman stating downtown. Elk he River, was in voiced his opinion as a favor of the Farmers Market There being no further comments from the public, Chairman Minton closed the public hearing. Commissioner Kuester requested further clarification of the parking around the proposed downtown site, specifically the one way "alley" on the east side of the proposed site. This alley is a one-way entering from Highway 10 and a one-way entering from Main Street, however, vehicles can not pass through the "alley" and exit onto either Highway 10 or Main Street. Commissioner Kuester expressed her concern that the proper signage be posted in the alley. Janelle Schmitz replied she would discuss the proper signage for this alley with Phil Hals, Street Superintendent. Commissioner Tveite agreed with staff regarding the refuse concern and replied this request should be site specific. . Commissioner Johnson questioned stipulation #6 on staff's memo. Why impose a yearly review on this particular request? Janelle Schmitz conveyed staff's concern regarding refuse and parking and suggested the Planning Commission review this request in one year and then less often if all is going well. Elk River Planning Commission Minutes February 23, 1993 Page 3 . COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY SHERBURNE COUNTY GROWER'S ASSOCIATION (BILL KENNEDY), CASE NUMBER CU 93-004, CITING STAFF'S MEMO DATED FEBRUARY 11, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. REFUSE DISPOSAL SHOULD BE THE RESPONSIBILITY OF THE FARMERS MARKET AND THE LOT BE CLEANED AFTER EACH EVENT. 2. ON-PREMISE SIGNS SHALL COMPLY WITH THE C1 ZONING DISTRICT STANDARDS AND SHALL ONLY REMAIN ON-PREMISE DURING THE FARMERS MARKET SEASON. OFF-PREMISE TEMPORARY DIRECTIONAL SIGNS SHALL BE ALLOWED ACCORDING TO THE NON-PROFIT ORGANIZATION CLAUSE IN THE SIGN ORDINANCE. THE FARMERS MARKET MUST OBTAIN CITY APPROVAL TO LOCATE SIGNS ON CITY OWNED PROPERTY. 3. THE FARMERS MARKET WEEK, HOWEVER, THEY OWNERS REGARDING DOWNTOWN ON MONDAYS LOT NOT BE LIMITED SHALL COOPERATE WITH THE SELECTED DAY(S) OR FRIDAYS. TO A SPECIFIC DAY OF THE THE ADJACENT BUSINESS AND SHALL NOT OPERATE 4. THE FARMERS MARKET BE SET UP PER THE SITE PLAN USING APPROXIMATELY 32 PARKING STALLS. MINOR CHANGES IN THE LAYOUT SHALL BE APPROVED BY STAFF. 5. THE FARMERS MARKET BE ALLOWED TO BLOCK OFF THE SITE AREA TO SET UP, ADDITIONALLY THAT BLOCKADES BE USED TO PREVENT VEHICLES FROM ENTERING THE PEDESTRIAN AREAS. . 6. A YEARLY REVIEW BY STAFF BE CONDUCTED TO ADDRESS ANY CONCERNS THAT MAY ARISE THROUGHOUT THE SEASON. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Consider a Request For A Conditional Use Permit Amendment By NSP, Resource Recovery Facility/Public Hearing Commissioner Kreger abstained from discussion and voting on this item due to the perception of a conflict of interest. . Stephen Rohlf, Building and Zoning Administrator, explained the applicant, Northern State Power (NSP) is requesting an amendment to their conditional use permit and license to allow mixed solid waste (MSW) to be delivered to the facility from all transfer stations between the hours of 6 a.m. and 9 p.m., Monday through Saturday. MSW delivery is currently allowed from all transfer stations between 6 a.m. to 6 p.m., plus the Brooklyn Park transfer station is allowed additional time between the hours of 6 p.m. to 9 p.m. Approval of this request would allow delivery from other transfer stations during these 3 additional hours. The Planning Commission does not give a formal recommendation on the conditional use permit and license, only the language regarding the hours for receiving MSW. Another change NSP is requesting is that the permit be issued to NRG, a wholly owned subsidiary of NSP. NRG does the administrative functions . . . Elk River Planning Commission Minutes February 23, 1993 Page 4 for the NSP plant. Mr. Rohlf stated staff does not have a problem with this as long as NSP is still financially responsible for compliance with the permit. NSP's permit and license will expire January 31, 1994, and will need to be renewed prior to that time. Chariman Minton opened the public hearing. stephen Rohlf expressed staff's concern regarding NRG stating that NSP should be made ultimately financially responsible. Glen Kaas, Plant Manager for NSP, replied he would be willing to drop the NRG issue at this point. There being no further comments from the public, Chairman Minton closed the public hearing. A brief question and answer period ensued. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE AMENDMENT TO THE CONDITIONAL USE PERMIT AND LICENSE BY NSP/PUBLIC HEARING, CASE NO. CU 93-003, CITING STAFF MEMO DATED FEBRUARY 17, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. STAFF PREPARE THE APPROPRIATE LANGUAGE REGARDING THE HOURS FOR RECEIVING MSW. 2. THE CITY MONITOR THE ROAD TRAFFIC FOR POTENTIAL PROBLEMS. COMMISSIONER TVEITE SECONDED THE MOTION. COMMISSIONER KREGER ABSTAINED FROM VOTING. THE MOTION CARRIED 6-0. 7. Consider A Request For An Ordinance Amendment, Section 900.20 "General Regulations," (Zero Lot Line)/Public Hearing Janelle Schmitz, Zoning Assistant, explained that staff is initiating an ordinance amendment to Section 900.20 "General Regulations" which would allow zero lot line developments in the C2 and C3 zoning districts. The current ordinance addresses zero lot line situations in residential districts to accommodate townhouses and duplexes, however, commercial zero lot line developments are not addressed. The exception is the C1 zoning district where no setbacks are required. Staff feels this ordinance amendment is needed to provide developers with some flexibility in the development of commercial property. As in the residential zero lot line requirements, all other setbacks in a commercial district should be met. The zero lot line would only apply to the side yard setbacks along common wall lines. The property would have to be platted to accommodate the zero lot line situation. Staff does not feel zero lot line commercial developments would be receiving special treatment because all the other standards of the zoning district would apply. Ms. Schmitz stated staff is recommending approval of the ordinance presented. Chariman Minton opened the public hearing. Elk River Planning Commission Minutes February 23, 1993 Page 5 . Dennis Chuba, 317 to reduce future developments in the Main street, stated he is in favor requests and concerns regarding C2 and C3 zoning districts. of the amendment zero lot line There being no further comments from the public, Chairman Minton closed the public hearing. COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF AMENDMENT BY THE CITY OF ELK RIVER, SECTION REGULATIONS," CITING STAFF MEMO DATED FEBRUARY 12, 1993. JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. AN ORDINANCE 900.20 "GENERAL COMMISSIONER 8. Consider A Request For An Ordinance Amendment, Section 1008.14 "Length of Dead-End Road" By The City of Elk River/Public Hearing Stephen Rohlf, Building and Zoning Administrator, briefed the Commission regarding the number of variances on the maximum length of a dead-end road. This was the most frequent type of variance request. Section 1008.14 (5) (j), "Subdivision Design Standards" states "the maximum length of a street terminating in a cul-de-sac shall be 500 feet measured from the center line of the street of origin to the end of the right-of-way." . The Planning Commission reviewed this request and several concerns were raised. These concerns included the safety factor if the dead-end road is blocked, the possibility of impeding fire suppression because a fire hose looses pressure the farther it is extended, and snow plowing concerns. Mr. Rohlf continued, Phil Hals, Street Superintendent, commented that cul-de-sacs typically require more time for snow plowing per house. Mr. Hals recommended houses on cul-de-sacs have a common mail box location to help alleviate the problem of cul-de-sacs lacking room for snow storage. Staff does not feel snow plowing is a major issue at this time. Chapter 10 does not require a public hearing or Planning Commission review, however, staff is requesting both. Mr. Rohlf stated that an ordinance amendment has not been provided at this time. Staff will review input when formulating language for an ordinance amendment. Chairman Minton opened the public hearing. Stephen Rohlf commented on the memos from Tom Zerwas, Police Chief, and Russ Anderson, Fire Chief. Mr. Rohlf stated staff would not be comfortable recommending the maximum length of a dead-end road be extended to 1,000 feet. Staff is recommending the maximum length be extended to 700 feet. Dennis Chuba, 317 Main Street, stated he was in favor of extending the length of a dead-end road. Mr. Chuba iterated several points: safety, people like the security a cul-de-sac lends; parking, there is more parking around the cul-de-sac. . Marley Glines, 1018 Main Street, stated he was also in favor of extending the maximum length of a dead-end road. Elk River Planning Commission Minutes February 23, 1993 Page 6 . David Gow, 20493 Meadowvale Road, explained he was in favor of extending the maximum length of a dead-end road, however, if the maximum length is not extended, he would be in favor of the Planning Commission reviewing this type of request on a case by case basis. Discussion ensued. The overriding issue appeared to be the safety factor if the maximum length of a dead-end road is extended. Commissioner Eberley expressed her concern regarding cul-de-sacs. She is not overly in favor of cul-de-sacs. Also, she questioned the need for an ordinance amendment to extend the length of a dead-end road versus reviewing this type of request on a case by case basis. In conclusion, Commissioner Eberley believes further discussion is necessary before the Planning Commission can give a formal recommendation to the City Council. She suggested the Planning Commission review this request at the next Planning Commission workshop. Commissioner Tveite stated he would like to see the maximum length of a dead-end road remain at 500 feet and review each request to extend the length on a case by case basis. stephen Rohlf replied that staff feels the 500 feet is too restrictive. . COMMISSIONER KREGER MOVED TO CONTINUE THE REQUEST FOR AN ORDINANCE AMENDMENT, SECTION 1008.14 "LENGTH OF A DEAD-END ROAD" BY THE CITY OF ELK RIVER, UNTIL THE MARCH 23, 1993, PLANNING COMMISSION MEETING. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 7-0. 9. Review Of Tax Increment Financing Plan For Tax Increment Financing District No. 9 Janelle Schmitz, Zoning Assistant, reviewed this item. On Monday, March 8, 1993, the Elk River City Council will conduct a public hearing to consider Tax Increment Financing Plan for Tax Increment Financing District No.9. Pursuant to Minnesota Statues, a Planning Commission is required to review and comment on proposed Tax Increment Financing Plans prior to the City Council conducting a public hearing. Previously, the Planning Commission commented on this plan in July, 1992. . Ms. Schmitz continued that the Elk River Economic Development Authority (EDA) is proposing the creating of Tax Increment District No.9. The District will be comprised of up to three parcels, Lots 1, 2, and 3, Elk River Industrial Park 2nd Addition. Tax Increment Assistance has been requested by Tescom Corporation, Inc., to support the proposed construction of a 25,000 to 30,000 square foot facility. Tax Increment funds would be used to "write-down" the cost of the land, and for survey, topographic, and soil boring analysis on this site. New property taxes from the Tescom expansion would be collected by the City/EDA until the EDA is repaid for its costs associated with this expansion project. When the costs are recovered, the TIF District is decertified. Ms. Schmitz submitted the review of the Tax Increment Financing Plan for TIF District No.9. Staff is recommending the Planning Commission adopt the resolution provided with staff's memo. Staff finds the Plan consistent with the City's Comprehensive Plan. . . . Elk River Planning Commission Minutes February 23, 1993 Page 7 Commissioner Spotts left the meeting of the Elk River Commission at this time, 9:05 p.m. Planning Discussion regarding consistency with the Growth Management Plan ensued. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO 9, RESOLUTION NO. 93-1, CITING STAFF MEMO DATED FEBRUARY 16, 1993. 10. other Business Commissioner Tveite briefed the Planning Commission regarding the Planning Commission Annual Meeting, held in January, 1993. Minutes of the meeting were presented to the Commission. Commissioners Johnson and spotts were not present at that meeting and would abstain from discussion and voting. COMMISSIONER EBERLEY MOVED TO APPROVE THE JANUARY 1993 MINUTES OF THE PLANNING COMMISSION ANNUAL MEETING. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Janelle Schmitz, Zoning about the GTS Workshop. Assistant, reminded the Planning Commission The registration deadline is February 24, 1993. FOR THE RECORD, CHAIRMAN MINTON wanted to commend Janelle Schmitz, Zoning Assistant, for her detailed research regarding items before the Planning Commission. The Planning Commission is very impressed with the quality and thoroughness of Ms. Schmitz' work. Commissioner Eberley added that the Planning Commission has been very appreciative of Ms. Schmitz dedication and hard work. 11. Adjournment There being THE MEETING. CARRIED 6-0. no further business, COMMISSIONER TVEITE MOVED TO ADJOURN COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 9:20 p.m. Respectfully submitted, (}~iIJ- m JtAfY\I{{b Catherine M. Schmidt" Recording Secretary