Loading...
07-27-1993 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER CITY HALL TUESDAY, JULY 27, 1993 Members Present: Chairman Minton, Commissioners Eberley, Kuester, Spotts and Tveite. Members Absent: Commissioner Emerson, Commissioner Kreger (arrived at 7:05 p.m. Staff Present: Steven Ach, City Planner; Gary 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 Commissioner spotts added discussion regarding the upcoming State Conference. COMMISSIONER SPOTTS COMMISSION AGENDA. MOTION CARRIED 5-0. 7/27/93 PLANNING THE MOTION. THE MOVED TO APPROVE THE COMMISSIONER TVEITE AMENDED SECONDED 3. Consider Planning Commission Minutes COMMISSIONER TVEITE MOVED TO APPROVE THE 6/22/93 PLANNING COMMISSION MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-1-0, Commissioner Eberley abstained because she was not at the 6/22/93 Planning Commission meeting. 4. Planning Commission Representative to Attend City Council Meeting It was indicated Commissioner Kuester would attend the 8/16/93 City Council meeting to be held at the Elk River City Hall. 5. Consider a Conditional Use Permit Request by Metro Truck Equipment/ Public Hearing, Case No. 93-14 Staff report presented by Steve Ach. The applicant, Metro Truck Equipment, 15683 Jarvis Street, Elk River, MN. This request was continued at the June 22, 1993, Planning Commission meeting allowing the applicant time to provide further information. However, a few issues relative to developing the site have surfaced which will require further consideration by Metro Truck. The applicant has requested this item be withdrawn. Staff recommends this request be withdrawn and brought back when additional information has been provided. Chairman Minton accepted the withdrawal notice and closed the public hearing. . . . Elk River Planning Commission Minutes July 27, 1993 Page 2 6. Consider a Conditional Use Permit Request by Mark C. Palmeri Public Hearing, Case No. CU 93-18 7:05 p.m.: Commissioner Kreger arrived at this time. staff report presented by steve Ach. The applicant, Mark C. Palmer, 957 Main street, Elk River, MN, is requesting a conditional use permit to operate a mail order business involving the sale of firearms. Chairman Minton opened the public hearing. Greg Mann, 1123 Main, Elk River, stated that he does not like this type of business in a residential neighborhood and is opposed to this request. Mr. Mann also questioned who would regulate and enforce any stipulations placed on this request if it is approved. Chairman Minton explained to Mr. Mann that the City would not watch over this business if approved, however, area residents could keep watch and report to City Hall. City staff reacts to complaints but will not monitor businesses. Cindy Sykes, 212 Morton, Elk River, that supplies are not kept on site. residential neighborhood and she is safe for area children. questioned how the public will know Ms. Sykes stated this is a quiet very concerned that this use is not Lynette Sandberg, 240 Morton, safety of area children possibility of an increase in Elk River, iterated her concern and stated she is concerned crime in the neighborhood. the the for with James Thielke, 250 Norfolk, Elk River, stated that he feels this type of use should not be allowed in a residential neighborhood. Angelica Mathias, 1011 Main, Elk River, reiterated the above concerns. Linda Nogle, 234 Morton, Elk River, reiterated the above concerns. Also, no inventory will be kept on site but requested clarification of what is considered "inventory." Further, Ms. Nogle stated she did not like the hours of operation so late into the evening. Chairman Minton clarified "inventory." There being no further comments from the public, Chairman Minton closed the public hearing. Mark Palmer, applicant, explained the controls imposed on him by the Bureau of Alcohol, Tobacco and Firearms to hold a FFL (Federal Firearms License) and stated that he has taken every precaution possible to ensure the location of his business is not advertised or printed on his letterhead. Further, the sale of a firearm can only take place at the place of license or a gun show. Chairman Minton stated his address was on the letterhead from Mr. Palmer to City staff. Mr. Palmer responded that the address was on letterhead to the City only, for City use, and is not on his stationery to be used by his business. . . . Elk River Planning Commission Minutes July 27, 1993 Page 3 Commissioner Kreger asked Mr. Palmer if he had another job and to clarify a Class I license. Mr. Palmer stated that he has two other jobs, both based at his home. Regarding the license to purchase a firearm, one must be 18 years of age or older and a background check is done through the Sheriff's department. Once both are verified, anyone can purchase a firearm. Commissioner Kuester questioned Mr. Palmer as to how much business will be done through a gun show and how much will be done through his home. Further, how many people will be around firearms that are doing business with Mr. Palmer from his other occupations? Mr. Palmer replied that for his other home based occupations he goes to the "client" versus having the client come to his home. He also stated that he has not done business at a gun show, however, he hopes to do the majority of his business from gun shows, not from his home. Linda Nogle, 234 Morton, Elk River, requested to address the Chairman. Chairman Minton acknowledged her request. Ms. Nogle stated that regardless of whether the City or some other agency is responsible for keeping watch over this business, if approved, it is not the responsibility of area residents and they should not be expected to do so. Peter Beck, City Attorney, explained the State adopted guidelines to regulate this type of home occupation and clarified the current City ordinance regarding home occupations. Discussion between Mr. Beck and the Commissioners ensued. Chairman Minton suggested the Planning Commission review an ordinance regarding the sale of firearms. Commissioner Eberley stated the Planning Commission should review the home occupation ordinance not just the sale of firearms. Chairman Minton asked staff if cleaning up the yard could be made a stipulation with this request. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE A MAIL ORDER BUSINESS AS A HOME OCCUPATION BY MARK PALMER, CASE NO. CU 93-18, CITING THE CURRENT HOME OCCUPATION ORDINANCE, STAFF'S MEMO DATED JULY 14, 1993, AND THAT THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN, WITH THE FOLLOWING STIPULATIONS: 1. THERE SHALL BE NO INVENTORY OF FIREARMS KEPT ON SITE THAT ARE INTENDED FOR SALES. 2. NO MORE THAN ONE CUSTOMER VEHICLE BE PRESENT ON SITE AT A GIVEN TIME AND NO MORE THAN ONE CUSTOMER VEHICLE PER HOUR. 3. ALL STANDARDS MENTIONED IN SECTION 900.25(3) REGARDING OCCUPATIONS BE FOLLOWED. HOME 4. THE CITY COUNCIL REVIEW THIS CONDITIONAL USE PERMIT IN SIX (6) MONTHS FOR APPLICANTS COMPLIANCE WITH CONDITIONS AND ANY COMPLAINTS RELATING TO THE BUSINESS OPERATION. . . . Elk River Planning Commission Minutes July 27, 1993 Page 4 5. CUSTOMER HOURS SHALL BE LIMITED TO 9 A.M. TO 9 P.M., MONDAY THROUGH SATURDAY. 6. DUE TO THE NATURE OF THE BUSINESS, NO EXTERIOR SIGNAGE WILL BE PERMITTED. 7. ANY CHANGE IN BUSINESS OPERATION OTHER THAN STRICTLY MAIL ORDER SHALL REQUIRE REVIEW BY THE CITY COUNCIL. 8. NO FIREARM ACCESSORY ITEMS INCLUDING AMMUNITION, MAY BE SOLD ON-SITE. BUT NOT LIMITED TO 9. REMOVE ALL OUTSIDE STORAGE AND MISCELLANEOUS EQUIPMENT ASSOCIATED WITH THE APPLICANT'S CONTRACTOR BUSINESS. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER KREGER MOVED THAT THE CITY COUNCIL DIRECT STAFF AND THE PLANNING COMMISSION TO REVIEW THE HOME OCCUPATION ORDINANCE WITH REGARD TO FIREARMS & LICENSING, TEMPORARY CONDITIONAL USE PERMITS, ETC. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Consider a Conditional Use Permit by Richard and Paula Gutheridge/ Public Hearing, Case No. CU 93-20 Staff report presented by Gary Schmitz. The applicants, Richard and Paula Gutheridge, 14288-201 Avenue NW, Elk River, MN, are requesting a conditional use permit to excavate approximately 6,500 cubic yards of black dirt from a wetland to construct an open water pond for wildlife viewing. Mr. Schmitz informed the Planning Commission that staff received a response from the DNR, however, since this request is not in their jurisdiction, they made no formal response. No response has been received from the Army Corps of Engineers. Terry Maurer, City Engineer, reviewed the request and had no problems regarding drainage. Richard Gutheridge, applicant, explained that he was concerned about preserving wildlife habitat as there seems to be a lot of development in this area. Also, currently there is an unfinished pond approximately 15'x30' and it is somewhat dangerous to leave it as it is. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Commissioner Kreger asked if trees would need to be removed. Mr. Gutheridge replied that the pond is being designed around the trees; none would be removed. Chairman Minton questioned the safety of area children. Mr. Gutheridge explained that most children in the area gravitate towards a small creek not near this pond, however, maintaining the area around the pond . . . Elk River Planning Commission Minutes July 27, 1993 Page 5 and keeping the slopes 4:1 should help to alleviate safety concerns for area children. COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR EXCAVATION IN A WETLAND BY RICHARD AND PAULA GUTHERIDGE, CITING THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND STAFF'S MEMO DATED JULY 19, 1993, CASE NO. CU 93-20, WITH THE FOLLOWING STIPULATIONS: 1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARIES. 2. FOR SAFETY PURPOSES DURING THE ENTIRE PERIOD OF THE PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF 4 FEET HORIZONTAL TO 1 FOOT VERTICAL. 3. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. THIS GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 4. FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN 4-5 IN DEPTH. FEET 5. ANY EXCAVATION OR FILLING SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THIS AREA. 6. THE CONTRACTOR AND PROPERTY OWNERS WORK WITH THE DNR TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. 7. THE RECOMMENDATION BE CONTINGENT UPON THE RECOMMENDATION OF THE ARMY CORPS OF ENGINEERS AND THE DNR. 8. THE HOURS OF OPERATION BE AS PER CITY CODE. 9. THE PROJECT MUST BE COMPLETED WITHIN THE SAME CONSTRUCTION YEAR. 8. Consider a Conditional Use Permit by Richard Duggan Inc.)/Public Hearing, Case No. 93-22 (Marketech, Staff report presented by Steve Ach. The applicant, Richard Duggan, 16854 Highway 10, Elk River, is requesting a conditional use permit to allow a light manufacturing business in a C3/Highway Commercial zone. Richard Duggan, applicant, questioned why the stipulations are attached to this request and not to the property owner? Mr. Duggan feels that he, as a renter of the property, has no authority to ensure such things as landscaping requirements. AlSO, why the increase in fees for this type of request. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. . . . Elk River Planning Commission Minutes July 27, 1993 Page 6 Peter Beck, City Attorney, responded to Mr. Duggan's question regarding stipulations. Mr. Beck stated that a conditional use permit is issued to a property not to a user to ensure that the ordinance is met. COMMISSIONER TVEITE RECOMMENDED TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING A LIGHT MANUFACTURING BUSINESS IN A C3/HIGHWAY COMMERCIAL ZONE BY RICHARD DUGGAN, CITING THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND STAFF'S MEMO DATED JULY 13, 1993, WITH THE FOLLOWING STIPULATIONS: 1. IN PLACE OF THE PREVIOUSLY REQUIRED FENCE, A LANDSCAPING BUFFER BE PROVIDED IN CONJUNCTION WITH THE LANDSCAPING ON THE ADJACENT PROPERTY BETWEEN THE TWO WESTERLY BUILDINGS. 2. SITE PLAN BE AMENDED TO ILLUSTRATE A DUMPSTER AND ENCLOSURE, WHICH MUST BE APPROVED BY STAFF PRIOR TO OCCUPYING THE BUILDING. 3. APPROPRIATE BUILDING PERMITS BE OBTAINED PRIOR TO ANY REMODELING WORK. 4. INSTALL NINETEEN (19) OVERS TORY TREES AROUND PERIMETER OF SITE PER SECTION 900.30(3) (b) (iii). COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. Consider a Conditional Use Permit by Mora Credit Union/Public Hearing, Case No. CU 93-23 Staff report presented by Steve Ach. The applicant, Mora Credit Union, 112 S Lake Street, Mora, MN, is requesting a conditional use permit to operate a financial institution with a drive-up window located at 503 Jackson Avenue, Elk River, and a variance to the rear yard parking setback. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. The and was the Planning setbacks. suggested end of the Commissioners discussed the one-way drive, parking lot, There was some concern regarding traffic control. It the parking lot be stripped and a stop sign be placed at drive-up window lane. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE A FINANCIAL INSTITUTION WITH A DRIVE-UP WINDOW BY MORA CREDIT UNION , CASE NO. CU 93-23, CITING THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT WITH THE FOLLOWING STIPULATIONS: 1. B612 CONCRETE CURB AND GUTTER BE PROVIDED ALONG THE WESTERLY PARKING AREA. 2. SETBACK AREA ON NORTH SIDE OF NEW DRIVEWAY BE SODDED. 3. A DRAINAGE PLAN FOR ALL NEW PARKING AREAS BE SUBMITTED FOR APPROVAL BY THE CITY ENGINEER. . . . Elk River Planning Commission Minutes Page 7 July 27, 1993 4. EASEMENT DOCUMENTS FOR NEW DRIVEWAY BE EXECUTED AND RECORDED WITH SHERBURNE COUNTY. 5. THE TRAFFIC FLOW BE APPROVED BY THE CITY ENGINEER PRIOR TO THE CITY COUNCIL MEETING. 6. THE APPROVAL OF THE CONDITIONAL USE PERMIT BE CONTINGENT UPON THE APPROVAL OF THE ASSOCIATED VARIANCE REQUEST. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE VARIANCE TO THE REAR YARD PARKING SETBACK BY MORA CREDIT UNION, CASE NO. V 93-05, CITING STAFF'S MEMO DATED JULY 19, 1993, WITH THE FOLLOWING STIPULATIONS: 1. THE NEW PARKING AREA IS A LOGICAL EXTENSION OF THE EXISTING PARKING LOT. 2. THE VARIANCE WILL NOT AFFECT THE HEALTH, SAFETY, OR WELFARE OF RESIDENTS OR BUSINESSES IN THE COMMUNITY. 3. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT RIGHTS ENJOYED BY OTHER PROPERTIES WITH SIMILAR CONDITIONS, THEREFORE, RESULTING IN AN UNDUE HARDSHIP UPON THE APPLICANT. 4. THE SPECIAL CONDITIONS ARE UNIQUE TO THE PROPERTY AND CHARACTERISTIC OF OTHER PROPERTIES. NOT COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Consider a Conditional Use Permit Request by Gary and Jean Schleusner/Public Hearing, Case No. CU 93-19 Staff report presented by Steve Ach. Schleusner, 14369-202 Avenue NW, conditional use permit for a temporary home. The applicants, Gary and Jean Elk River, are requesting a trailer while constructing a new Mrs. Schleusner addressed the Planning Commission regarding their request to place a trailer on the affected parcel while their home is being constructed. Further, their child would not have to attend a different school while their home is being constructed, then change schools when the home is completed. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. The Planning Commissioners discussed the length of time the Schleusner's wanted this trailer on site and the current City ordinance. It was the consensus of the Commission that the maximum length of time should be limited to 6 months, as per current ordinance, and be reviewed in 6 months waiving the application fees at that time. . . . Elk River Planning Commission Minutes July 27, 1993 Page 8 COMMISSIONER KREGER RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT ALLOWING A TEMPORARY TRAILER ON SITE WHILE CONSTRUCTING A HOME BY GARY AND JEAN SCHLEUSNER, CASE NO. CU 93-19, CITING THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND STAFF'S MEMO DATED JULY 13, 1993, WITH THE FOLLOWING STIPULATIONS: 1. THE TEMPORARY TRAILER BE REMOVED FROM THE SUBJECT PROPERTY 6 MONTHS FROM THE DATE OF CITY COUNCIL ACTION OR THE APPLICANT APPLY FOR AN EXTENSION OF THE CONDITIONAL USE PERMIT IF ADDITIONAL TIME IS NEEDED. 2. ADEQUATE SEPTIC SYSTEM AND WELL BE IN PLACE PRIOR TO MOVING THE TRAILER ON SITE. 3. THE TRAILER BE POSITIONED ON THE SITE AS ILLUSTRATED ON THE SUBMITTED SURVEY. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11. Consider a Conditional Use Permit Request by Jim LaRose/Public Hearing, Case No. CU 93-21 Staff report presented by Steve Ach. The applicant, Jim LaRose, 8450-166th Circle, Ramsey, MN, is requesting a conditional use permit to amend the Elk River Plaza PUD Agreement allowing a pizza and pasta restaurant facility. Jim LaRose addressed the business he is proposing. liquor license stating the dinner menu. He did drinking establishment. Planning Commission explaining the type of Mr. LaRose also addressed his request for a he wanted to sell beer and wine to compliment not want the restaurant to be known as a Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Planning Commission members discussed the unique PUD Agreement for Elk River Plaza. COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA PUD AGREEMENT ALLOWING A PIZZA AND PASTA RESTAURANT FACILITY BY JIM LAROSE, CASE NO. CU 93-21, CITING THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND STAFF'S MEMO DATED JULY 19, 1993, WITH THE FOLLOWING STIPULATIONS: 1. IF A PARKING PROBLEM BEGINS TO OCCUR, ADDITIONAL PARKING STALLS SHALL BE INSTALLED TO ALLEVIATE THE PROBLEM. A REVISED SITE PLAN MUST BE SUBMITTED FOR CITY REVIEW PRIOR TO COMMENCING WORK. 2. IF BEER AND WINE IS TO BE SERVED WITHIN THE ESTABLISHMENT, A LIQUOR LICENSE NEEDS TO BE OBTAINED FROM THE CITY COUNCIL. . . . Elk River Planning Commission Minutes July 27, 1993 Page 9 3. IN AN ATTEMPT TO MEET CURRENT LANDSCAPING REQUIREMENTS, 10 OVERSTORY TREES BE INSTALLED THROUGHOUT THE SITE WITH EMPHASIS GIVEN TO THE YARD FACING THE NURSING HOME. 4. THE HOURS OF OPERATION WILL BE MONDAY THROUGH THURSDAY - 11 AM TO 11 PM, FRIDAY AND SATURDAY - 11 AM THROUGH MIDNIGHT, AND SUNDAY - NOON TO 11 PM. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 12. Conditional Use Permit Request by John Weicht/Public Hearing, Case No. CU 93-13 Staff report presented by Steve Ach. Mr. Ach explained that this item was continued by the Planning Commission at their June 22, 1993, meeting. Due to lack of information from Mr. Weicht at this time, staff is requesting this item be continued one last time until the August 24, 1993, Planning Commission meeting. Chairman Minton continued the public hearing until the August 24, 1993, Planning Commission meeting to be held at the Elk River City Hall, at 7 p.m. 13. 14. Proposed Modification to Tax Increment Plans No. 1 and No.3 Staff report presented by Steve Ach. Representing Bill Rubin, Economic Development Coordinator, Mr. Ach reviewed the memos for items 13 and 14. After some discussion, the Planning address the Comprehensive Plan modifications to Tax Increment Plans. Commission suggested in more detail when Mr. Rubin presenting ITEM 13 COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF MODIFICATIONS TO TAX INCREMENT PLANS NO. 1 AND NO. "APPEARED" TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN. TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. THE PROPOSED 3 STATING IT COMMISSIONER ITEM 14 COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF MODIFICATIONS TO TAX INCREMENT PLANS NO. 1 AND NO. 3 "APPEARED" TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN. EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. THE PROPOSED STATING IT COMMISSIONER 15. OTHER: 1994 BUDGET Presented Budget. budget in upcoming requested attending by Chairman Minton. Discussion ensued regarding the The Planning Commission discussed the State Conference and relation to this item. Commissioner spotts explained State Conference information he has received. Mr. the Planning Commission members to let him know who will the State Conference within the next two weeks. 1994 the the Ach be . . . Elk River Planning Commission Minutes July 27, 1993 Page 10 16. Adjournment There being THE MEETING. CARRIED 6-0. no further business, COMMISSIONER TVEITE MOVED TO ADJOURN COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 9:55 p.m. Respectfully submitted, ~_W~ fY/, Jc-hdl: Catherine M. Schmidt Recording Secretary