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08-24-1993 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER CITY HALL TUESDAY, AUGUST 24, 1993 Members Present: Chairman Minton, Commissioners Eberley (arrived at 7:05 pm), Kreger, Kuester, spotts, and Tveite. Members Absent: commissioner Emerson Staff Present: Steven Ach, City Planner; Gary Schmitz, Zoning Assistant; Geryl Rogers, 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 Commission Workshops. firearms ordinance. Comprehensive Plan. added discussion regarding future Planning Steve Ach requested time to review the current Chairman Minton requested discussion regarding the COMMISSIONER SPOTTS COMMISSION AGENDA. MOTION CARRIED 5-0. MOVED TO APPROVE THE COMMISSIONER KUESTER AMENDED SECONDED 8/24/93 PLANNING THE MOTION. THE 3. Consider Planning Commission Minutes Chairman Minton asked Commissioner Kuester if page 3, paragraph 2, should be further clarified. Commissioner Kuester replied the statement "Further, how many people will be around firearms that are doing business with Mr. Palmer from his other occupations?" could be clarified. Let the minutes reflect the amended statement "Furthermore, how many people will come to Mr. Palmer's residence to obtain services for his other home based businesses?" COMMISSIONER TVEITE MOVED TO APPROVE THE 7/27/93 PLANNING COMMISSION MINUTES. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend City Council Meeting It was indicated Chairman Minton would attend the 9/20/93 City Council meeting to be held at the Elk River City Hall. Commissioner Eberley arrived at this time (7:05 pm). Elk River Planning commission Minutes August 24, 1993 Page 2 . 5. Consider a Conditional Use Permit Request by Larry Leitschuh (Elk River Theater)jPublic Hearing, Case No. CU 93-25 staff report presented by steve Ach. The applicant, Larry Leitschuh, 9110-83 Avenue N, Brooklyn Park, MN, 55445, is requesting a conditional use permit to amend the Elk River Plaza Development Agreement expanding the theater from five to ten screens, eliminating a portion of interior mall corridor, increase movie theater signage, and modify site plan. Chairman Minton opened the public hearing. Bob Guetschoff, 130 N. Main, cambridge, MN, indicated that he currently has theaters in Hastings & Cambridge, similar to the one being proposed here in Elk River. Mr. Guetschoff presented photographs to the Planning Commission showing other theaters. Also, he spoke of updating current signage along Highway 169. There being no further comments from the public, Chairman Minton closed the public hearing. Commissioner Tveite asked if common areas be expanded also? the theater is being expanded, will the The applicant replied yes. . Commissioner Kreger expressed concern regarding the signage facing Highway 169. He feels it creates somewhat of a traffic hazard. Bob Guetschoff replied that originally the Council recommended the signage face Highway 169. Commissioner Kreger questioned if the sign could face the traffic instead of across the traffic. steve Ach stated that the current PUD does not allow free-standing signage. Discussion ensued. Larry Leitschuh, commented on chaser lights that were eliminated from the original plan and that the speed limit was reduced by 10 miles per hour in this particular area. Commissioner Eberley expressed concern regarding the pedestrian traffic in front of the theater. Could there be a walk-way to help control pedestrian traffic. steve Ach replied that it would be very difficult to control pedestrian traffic however, cross walks could be installed. Larry Leitschuh explained the site plan and the proposed exits which would help alleviate pedestrian traffic in a concentrated area. Mr. Leitschuh offered to add crosswalk striping or a stop sign in the area if necessary. . Chairman Minton questioned steve Ach regarding the condition for additional parking stalls and how that need would be identified and enforced. Steve Ach replied that usually the applicant would request additional parking for their business if demand rises however, the City would require the additional parking if problems occurred. Larry Leitschuh responded that if parking is not adequate, he would approach the City as soon as the need was apparent. . . . Elk River Planning Commission Minutes August 24, 1993 Page 3 Chairman Minton asked steve Ach if the proposed signage is within current ordinance. Mr. Ach replied that it exceeds current ordinance and explained the current ordinance and the PUD Agreement. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA DEVELOPMENT AGREEMENT EXPANDING THE THEATER AND INCREASING SIGNAGE BY LARRY LEITSCHUH, CASE NO. CU 93-25, FINDING THE REQUEST CONSISTENT WITH THE COMPREHENSIVE PLAN AND CITING STAFF'S MEMO DATED AUGUST 18, 1993, WITH THE FOLLOWING CONDITIONS: 1. A SITE PLAN ILLUSTRATING DEMONSTRATED PARKING THAT MEETS CITY PARKING REQUIREMENTS BE SUBMITTED FOR STAFF REVIEW AND APPROVAL. 2. THE PROPOSED SITE PLAN MAINTAIN A MINIMUM 15 FOOT LANDSCAPED AREA ALONG FREEPORT AVENUE TO BE USED AS A BUFFER TO THE RESIDENTIAL AREA. 3. THE THEATER BE ALLOWED OF SIGNAGE BE USED ON FT PANELS MAY BE USED FREEPORT AVENUE) AND HIGHWAY 169. NO MORE THAN A TOTAL OF 1,020 SQUARE FEET THE ENTIRE BUILDING. NO MORE THAN TWO 60 SQ ON THE WEST BUILDING ELEVATION (FACING NO MORE THAN TEN 75 SQ FT PANELS FACING 4. THE PROPERTY OWNER BE RESPONSIBLE TO INSTALL ADDITIONAL PARKING SPACES, AS ILLUSTRATED ON THE APPROVED PLAN, IN THE EVENT THAT PARKING PROBLEMS ARISE IN THE FUTURE. 5. THE THEATER MUST TURN OFF SIGN LIGHTING AND CHASER LIGHTS 15 MINUTES FOLLOWING THE START OF THE LAST MOVIE OF THE DAY. 6. LANDSCAPED PLANTERS BE INCORPORATED WITH THE NEW SIDEWALK IN FRONT OF THE THEATER SITE. 7. NO CHASER LIGHTS BE USED ON ANY BUILDING ELEVATION EXCEPT FOR THE ARCHITECTURAL SIGN, WHICH MAY INCORPORATE CHASER LIGHTS. 8. APPROPRIATE SIGNAGE AND CROSSWALKS PROVIDING SAFE PEDESTRIAN CROSSING PARKING AREA. BE INSTALLED AS NECESSARY, FROM THE BUILDING TO THE 9. THE APPLICANT INCLUDE HIS RECOMMENDATIONS FOR LANDSCAPING WITH THE APPLICATION TO THE CITY COUNCIL. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Eberley iterated concern regarding pedestrian traffic and parking. 6. Consider a Conditional Use Permit Request by William palmer/Public Hearing, Case No. CU 93-24 Staff report presented by Steve Ach. The applicant, William Palmer, 11712-200 Ave NW, Elk River, is requesting a conditional use permit to construct a detached accessory building exceeding 1,000 sq ft in area and having a total of 1,408 sq ft of accessory garage space. . . . Elk River Planning Commission Minutes August 24, 1993 Page 4 Chairman Minton opened the public hearing. steve Ach presented a written statement of a telephone call received by Joan Bruntmyer, 20028 Irving st NW, Elk River, stating that she objects to this request.. She stated that the request is against the Brentwood Association covenants. Further, Mrs. Bruntmyer heard the building would be used to build race cars and she was concerned about the traffic and noise generated by this use. For the public hearing, Mr. Ach explained that the City does not enforce subdivision covenants. Further, if a business or home occupation was conducted from this building, Mr. Palmer would have to obtain a conditional use permit to conduct such .business. Chairman Minton asked Mr. Palmer if he would be conducting a business from this building. Mr. Palmer stated he would not. There being no further comments from the public, Chairman Minton closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED ACCESSORY BUILDING BY WILLIAM PALMER, CASE NO. CU 93-24, CITING STAFF'S MEMO DATED AUGUST 18, 1993, AND THAT THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT, WITH THE FOLLOWING CONDITIONS: 1. THE GARAGE MAINTAIN THE SAME ARCHITECTURAL DESIGN AND EXTERIOR MATERIAL AS THE EXISTING HOME. 2. PRIOR TO BUILDING PERMIT ISSUANCE, THE APPLICANT SUBMIT A TREE PRESERVATION PLAN INCLUDING DETAILS ON DISPOSAL OF TREE STUMPS AND DEBRIS. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Consider a Conditional Use Permit Request by David Gow/Public Hearing, Case No. CU 93-26 Staff report presented by Gary Schmitz. The applicant, David Gow, 20493 Meadowvale Road, Elk River, is requesting a conditional use permit to construct a 2,000 sq ft metal skin agricultural accessory building within a platted area and to keep agricultural animals within a platted area. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. A brief discussion was held by the Commissioners regarding the number of animal units per acre allowed by City Code. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO CONSTRUCT A METAL SKIN AGRICULTURAL ACCESSORY BUILDING WITHIN A PLATTED AREA AND TO KEEP AGRICULTURAL ANIMALS WITHIN A PLATTED AREA, BY DAVID GOW, CASE NO. CU 93-26, STATING THE REQUEST MEETS THE SEVEN . . . Elk River Planning Commission Minutes August 24, 1993 Page 5 STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND CITING STAFF'S MEMO DATED AUGUST 19, 1993, WITH THE FOLLOWING CONDITIONS: 1. THE COLOR AND ROOF OF THE ACCESSORY STRUCTURE MATCH THE EXTERIOR OF THE HOUSE OR BE OF AN EARTH TONE COLOR. 2. WHEN THE AREA IS FURTHER SUBDIVIDED, THE ISSUE OF THE AGRICULTURAL USE WILL BE ADDRESSED. 3. THE ACCESSORY STRUCTURE BE SETBACK A MINIMUM OF 300 FEET FROM ANY NEIGHBORING DWELLING. 4. THE AGRICULTURAL FENCE BE SETBACK A MINIMUM OF 200 FEET FROM ANY NEIGHBORING DWELLING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Consider a Conditional Use Permit Request by Donald Robideau/Public Hearing, Case No. CU 93-28 Staff report presented by Gary Schmitz. Robideau, 10654-201st Circle NW, Elk River, is use permit to encroach on the 300 foot building and to construct a 30'x32' metal skin platted area. The applicant, Donald requesting a conditional setback for a metal skin pole building within a Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. There was some discussion ordinance pertaining to Commissioners directed staff skin buildings. among the Commissioners metal skin buildings in to review the ordinance regarding general. regarding the The metal COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO CONSTRUCT A METAL SKIN POLE BUILDING BY DONALD ROBIDEAU, CASE NO. 93-28, FINDING THE REQUEST CONSISTENT WITH THE COMPREHENSIVE PLAN AND CITING STAFF'S MEMO DATED AUGUST 18, 1993, WITH THE FOLLOWING CONDITIONS: 1. THE COLOR OF THE BUILDING MATCH THE EXTERIOR OF THE HOUSE. 2. THE STRUCTURE BE USED ONLY FOR STORAGE PURPOSES. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. Consider a Variance Request by Gerald and Cecelia Sneft/Public Hearing, Case No. V 93-06 Presented by Steve Ach. The applicants, Gerald and Cecelia Sneft, 22300 Jarvis, Elk River, have withdrawn this request and asked staff to refund the application fee. Staff recommends withdrawing the request and refunding the Sneft's application fee. Elk River Planning Commission Minutes August 24, 1993 Page 6 . Chairman Minton opened the public hearing. from the public, Chairman Minton accepted the closed the public hearing. There being no comments withdrawal notice and 10. Consider a Conditional Use Permit Request by John Weicht/Public Hearing, Case No. CU 93-13 Presented by steve Ach. During a conversation with Mr. Weicht, staff learned that the option agreement with the property owner has expired; therefore, without the "fee owners" consent this application is no longer valid. Due to the incomplete and invalid application, staff recommends denial of the request. Chairman Minton reminded the public that this is a public hearing and the hearing was opened at a previous meeting and continued to this meeting. There being no comments from the public, Chairman Minton closed the public hearing. COMMISSIONER KREGER RECOMMENDED DENIAL OF THE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT AND OPERATE A BUS TERMINAL BY JOHN WEICHT, CASE NO. CU 93-13, CITING STAFF'S MEMO DATED AUGUST 24, 1993. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11. Other Business . commissioner spotts suggested the Planning Commission review a current City Sewer map including proposed expansions, and meet with City Engineer, Terry Maurer, at a future Planning Commission Workshop. Dennis Pitz with Metro Truck Equipment expressed disappointment that his previous application had been delayed and then denied due to lack of information. Steve Ach explained that more information was required before the Planning Commission could act on this request. Chairman Minton asked staff if the information could be provided by the next Planning Commission meeting. Steve Ach replied it could if the necessary information is received. Also, issues relative to access off Highway 10 and possibly vacating 156th Street have complicated this application. Steve Ach stated the City Council directed the Planning Commission to review the possibility of a firearms ordinance, specifically, the sale of firearms. Discussion among the Commissioners ensued. The Planning Commission directed staff to review the recent Legislation regarding the sale of firearms and to research an ordinance of this type within other communities. . Chairman Minton reviewed the August 2, 1993, City Council minutes regarding the Comprehensive Plan and a planning consultant. Chairman . . . Elk River Planning Commission Minutes August 24, 1993 Page 7 Minton asked staff how soon the City would start updating. steve Ach replied that he has been talking with the City Administrator regarding this issue and hopes to begin by this fall. Staff is aware that this is a top priority. It was the consensus of the Planning Commission to try to utilize available staff and limit the amount of consultant help regarding the Plan. ------------------- Chairman Minton requested steve Ach send in the necessary information regarding the upcoming MN Planning Association meeting. steve Ach asked the Planning commission if they were ready to approve the June 10, 1993, Planning Commission minutes regarding the Elk Park Center project. Chairman Minton stated they did not have a copy with them however, he wanted to ask that the minutes reflect more detail regarding Phil Johnson's comments about the seven standards for a conditional use permit. It was decided that another set of minutes would be sent to the Planning Commission members to review at the next Planning Commission meeting. Commissioner Eberley reviewed an article from the Minneapolis Tribune regarding urban transit. She felt it was an excellent editorial and perhaps the Planning Commission should read this type of information in preparation for reviewing the Comprehensive Land Use Plan. If anyone needs a copy of the article, contact Commissioner Eberley. Regarding reviewing the Land Use Plan, Chairman Minton asked staff to provide the Planning commission with a copy of a transportation report from the citizens League, which was given to the Council. 11. Adjournment There being THE MEETING. CARRIED 6-0. no further business, COMMISSIONER TVEITE MOVED TO ADJOURN COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 8:55 p.m. Respectfully submitted, Ctf:II)jJ~(i-t tnlchmlcl6 Catherine M. Schmidt Recording Secretary