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10-28-1993 PC MIN . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER CITY HALL THURSDAY, OCTOBER 28, 1993 Members Present: Chairman Minton, Commissioners Eberley, Kreger, Kuester, spotts, Tacheny, and Tveite. Members Absent: None Staff Present: Steven Ach, City Planner; 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 Chairman Minton added discussion of the Planning Commission minutes for Elk Park Center and an update regarding the Comprehensive Plan. . COMMISSIONER SPOTTS MOVED TO APPROVE THE COMMISSION AGENDA. COMMISSIONER TVEITE MOTION CARRIED 5-0. AMENDED SECONDED 10/28/93 PLANNING THE MOTION. THE Commissioner Eberley arrived at this time, 7:03 p.m. 3. Consider Planning Commission Minutes Chairman Minton noted a correction for page 7, paragraph 1, change "Intermobile Transportation" to "Intermodal Transportation." COMMISSIONER SPOTTS COMMISSION MINUTES. MOTION CARRIED 6-0. MOVED TO APPROVE COMMISSIONER TVEITE THE AMENDED 9/28/93 PLANNING SECONDED THE MOTION. THE commissioner Kreger arrived at this time, 7:05 p.m. Chairman Minton change the last Krause-Anderson approval." noted a sentence may become correction on to read "Mr. a partner in page 1, item 2, paragraph 3: Dahlberg indicated that this project after City COMMISSIONER TVEITE MOVED TO APPROVE THE AMENDED 10/19/93 PLANNING COMMISSION MINUTES. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Eberley abstained from voting as she was not present at the October 19, 1993, Planning Commission meeting. 4. Planning Commission Representative to Attend City Council Meeting . It was indicated Commissioner Tveite would attend the 11/15/93 City Council meeting to be held at the Elk River City Hall. . . . Elk River Planning Commission Minutes October 28, 1993 Page 2 5. Consider a Conditional Use Permit Request by Bart & Lisa Boese/Public Hearing, Case No. 93-29 staff report presented by steve Ach. The applicants, Bart & Lisa Boese, 20337 Auburn street NW, Elk River, requested a conditional use permit to construct a non agricultural metal skin building within a platted area. Note: the applicants were not present. Chairman Minton opened the public hearing. Daniel Feigum, 20407 Auburn Street, Elk River, questioned what this building would be used for. Mr. Feigum stated that the Boese's have a lot of equipment around the yard, therefore, he is concerned with this becoming a commercial business run out of his home. Chairman Minton read a letter from the Boese's dated August 20, 1993, stating the building would be used only as a utility and storage shed. Richard Leistico, 11122-205th Avenue NW, Elk River, stated he was in favor of the request. There being no further comments from the public, Chairman Minton closed the public hearing. Commissioners discussed the request. Chairman Minton suggested adding a third condition stating the building may not be used to operate a business. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A NON AGRICULTURAL METAL SKIN ACCESSORY STRUCTURE GREATER THAN 1,000 SQUARE FEET WITHIN A PLATTED AREA BY BART AND LISA BOESE, CASE NO. CU 93-33, NOTING THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT, CITING STAFF'S MEMO DATED 10/28/93, AS FINDINGS OF FACT. THE RECOMMENDATION INCLUDES THE FOLLOWING CONDITIONS: 1. THE COLOR OF THE BUILDING BE COMPATIBLE WITH THE EXTERIOR OF THE HOUSE. 2. THE APPLICANT BE REQUIRED TO SUBMIT SIGNED ENGINEERED DRAWINGS IN ORDER TO RECEIVE A BUILDING PERMIT. 3. THE BUILDING MAY NOT BE USED TO OPERATE A BUSINESS OUT OF UNLESS APPROPRIATE APPROVALS ARE RECEIVED FROM THE CITY. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Consider a Conditional Use Permit Request by Peterson/Public Hearing, Case No. 93-34 Richard & Kathy Staff report presented by Steve Ach. The applicants, Richard & Kathy Peterson, 11763-201st Avenue NW, Elk River, requested a conditional use permit to construct a metal skin agricultural accessory structure and to have two agricultural buildings on one lot. . . . Elk River Planning Commission Minutes October 28, 1993 Page 3 Mr. Peterson presented the Planning Commission with drawings of the proposal and stated that he contacted all his neighbors to discuss his proposal. commissioner Kreger stated he would abstain from discussion and voting of this item. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. questioned Mr. Peterson if he would be boarding his own. Mr. Peterson replied that he would not. suggested an additional condition be placed on this boarding of horses not be allowed as part of this Commissioner Tveite horses other than Commissioner Tveite request: commercial request. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT TO CONSTRUCT A METAL SKIN AGRICULTURAL ACCESSORY BUILDING GREATER THAN 2,000 SQUARE FEET IN SIZE AND TO HAVE TWO AGRICULTURAL STRUCTURES ON ONE LOT BY RICHARD AND KATHY PETERSON, CASE NO. CU 93-34. CITING STAFF'S MEMO DATED 10/28/93 AS FINDINGS OF FACT AND NOTING THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT, THIS RECOMMENDATION INCLUDES THE FOLLOWING CONDITIONS: 1. THE COLOR OF THE BUILDING BE COMPATIBLE WITH THE EXTERIOR OF THE HOUSE. 2. THE APPLICANT BE REQUIRED TO SUBMIT SIGNED ENGINEERED DRAWINGS IN ORDER TO RECEIVE A BUILDING PERMIT. 3. THE BUILDING MAY NOT BE USED FOR BUSINESS COMMERCIAL BOARDING OF HORSES WITHOUT FROM THE CITY. PURPOSES INCLUDING THE RECEIVING PRIOR APPROVAL COMMISSIONER TVEITE SECONDED THE MOTION. Commissioner Kreger abstained from voting. THE MOTION CARRIED 6-0. 7. Consider Preliminary Plat and a Conditional Use Permit Request by Dennis Chuba/Public Hearing, Case No. P 93-11 and CU 93-35 The applicant, Dennis Chuba, 317 preliminary plat to subdivide .75 conditional use permit for a Staff report presented by Steve Ach. Main Street, Elk River, requested acres into seven commercial lots and a zero lot line development. Chairman Minton opened the public hearing. Norman Larson, 324-2nd Street, Elk River, asked where the building was going to be constructed on the lot and asked about the lot line. Steve Ach explained the request. Roy Billmark, owns a four-plex on Freeport Avenue, asked what type of office building was being constructed. Steve Ach stated it would be . . . Elk River Planning Commission Minutes October 28, 1993 Page 4 similar to the existing office building and look as if the two buildings were constructed as one project. Jim Rossman, 406 Main street, Elk River, stated he was in favor of the proposal. There being no further comments from the public, Chairman Minton closed the public hearing. Chairman Minton asked if the parking lot will be concrete. Mr. Chuba replied that it would, however, not until spring due to weather restraints. Chairman Minton also asked Mr. Chuba to detail the landscaping plan. Mr. Chuba replied that City ordinance is very specific regarding the type and amount of landscaping that he felt additional information on the site plan would be redundant, however, Mr. Chuba did explain in more detail. steve Ach discussed fencing versus landscaping between commercial and residential properties. Discussion ensued among the Commissioners. COMMISSIONER TVEITE RECOMMENDED APPROVAL OF PRELIMINARY PLAT TO SUBDIVIDE .75 ACRES INTO SEVEN COMMERCIAL LOTS BY DENNIS CHUBA, CASE NO. P 93-11, CITING STAFF'S MEMO DATED 10/28/93 AS FINDINGS OF FACT, WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500. 2. APPROVAL OF FINAL PLAT BE CONTINGENT ON THE PROPOSED OFFICE BUILDING BEING CONSTRUCTED. 3. ASSOCIATION DOCUMENTS FOR THE OFFICE BUILDING AND COMMON SPACE BE PROVIDED TO THE CITY AND RECORDED WITH SHERBURNE COUNTY. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER TVEITE RECOMMENDED APPROVAL OF A CONDITIONAL USE PERMIT FOR A ZERO LOT LINE DEVELOPMENT BY DENNIS CHUBA, CASE NO. CU 93-35, CITING STAFF'S MEMO DATED 10/28/93 AS FINDINGS OF FACT, NOTING THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT. THIS RECOMMENDATION INCLUDES THE FOLLOWING CONDITIONS: 1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE. 2. PLAT MATERIAL BE USED IN PLACE OF A FENCE FOR SCREENING PURPOSES ALONG THE PROPERTY LINE THAT ABUTS THE RESIDENTIAL. 3. A LANDSCAPE PLAN BE SUBMITTED TO THE CITY COUNCIL FOR REVIEW. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Eberley expressed concern with the amount of green space associated with this type of proposal. Discussion ensued. Chairman Minton asked staff if there is a percentage requirement in the Elk River Planning Commission Minutes October 28, 1993 Page 5 . ordinance. steve Ach replied that there is no percentage of green space requirement in the ordinance however, requests of this nature must meet parking and building setbacks. Further, maybe the Commission would like to review the setbacks versus trying to establish a minimum percentage regarding green space. It was the consensus of the Commission to discuss this further at a future workshop. 8. Code Amendment Request by The City of Elk River, Case No. OA 93-08 staff report presented by Steve Ach. The City of Elk River requested an amendment to the City Code allowing therapeutic massage and sauna establishments as a conditional use in commercial districts and as a home occupation in accordance with the standards set forth in Section 900.25. . Commissioner Eberley commented that some neighbors would not be notified of a public hearing regarding this type of use if it is allowed to be a permitted home occupation. She feels this use should be limited to a conditional use permit request process and subject to the requirements for a conditional use. Discussion among the Commissioners continued regarding this type of use as a home occupation versus a conditional use. It was also the consensus of the Planning Commission that they would like the opportunity to review the therapeutic massage and sauna establishment ordinance recently approved by the City Council. The Planning Commission's concern is to ensure that the language within the therapeutic massage and sauna establishment ordinance does not conflict with the Sexually Oriented Land Use ordinance adopted by the City. COMMISSIONER EBERLEY MOVED TO TABLE THIS REQUEST UNTIL THE NOVEMBER 23, 1993, PLANNING COMMISSION MEETING TO RESEARCH THIS ISSUE FURTHER DUE TO THE FOLLOWING REASONS: 1. THE PLANNING COMMISSION WOULD LIKE TO CAREFULLY CONSIDER THE REMOVAL OF THE WORD "MASSAGE" FROM THE HOME OCCUPATION ORDINANCE FOR POSSIBLE IMPLICATIONS NOT YET RESEARCHED OR IDENTIFIED. 2. TO ALLOW TIME TO COMPARE THE APPROPRIATE SECTIONS ORDINANCES. OF THE 3. TO ALLOW TIME TO EXAMINE THE LICENSE AND DOCUMENTS APPROVED BY THE CITY COUNCIL. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 9. Review Tax Increment District No. 12 . Staff report presented by Steve Ach - Tax Increment Financing Plan for Tax Increment Financing District No. 12. The Planning Commission requested that in future requests, staff's memo include reasons why the request is consistent with the Comprehensive Plan. The Planning Commission had comments and suggestions regarding TIF in general and this particular proposal. Discussion ensued. . . . Elk River Planning Commission Minutes October 28, 1993 Page 6 COMMISSIONER KREGER MOVED TO RECOMMEND THAT THE PROPOSED TAX INCREMENT FINANCING DISTRICT (DISTRICT NO. 12) APPEARS TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN ALTHOUGH THE PLANNING COMMISSION HAS SOME CONCERNS REGARDING THE DISTRICT. THOSE CONCERNS ARE AS FOLLOWS: 1. The Planning Commission Coordinator be at the proposals associated with suggested the Economic Development Planning Commission meetings to present that department. 2. This tax increment financing assistance for this proposal seems to be exorbitant. particular 3. What percentage of the project cost is TIF? 4. Page 1, TIF District No. 12 Summary; last paragraph states the TIF District No. 12 will exist for approximately twelve (12) to thirteen (13) years, however, page 5, TIF District No. 12 Plan; item "G.1," paragraph 1, states the district may be captured by the City for a period of up to eight years. The Planning Commission noted that it is difficult to understand the length of recapture. 5. The sketch of the proposal is not compatible with the current downtown look. 6. parking in the rear of the building shall not encroach upon the river buffer zone. Proposal does not appear to be compatible with future plans for a "riverfront." 7. The building should be required to meet the River ordinance prov~s~ons and other buildings near lakes and rivers. new Wild and Scenic design standards for COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 10. Other Business Steve Ach briefed the Planning Commission on the proposed Business Park Zoning District, as per the memo from Bill Rubin, Economic Development Coordinator. The purpose of the memo is to inform the Planning Commission of a future business park and to consider an ordinance regulating business parks. Staff asked the Planning Commission to accept this draft ordinance and begin reviewing for further discussion at a future workshop meeting. Chairman Minton asked Steve Ach if progress is being made regarding the Comprehensive Plan. Steve Ach replied that he is almost ready to present the Planning Commission with a preliminary draft of a schedule to update the plan. ~, . . . Elk River Planning Commission Minutes October 28, 1993 Page 7 Commissioner Tveite briefed the Planning Commission on the October 26, 1993, City Council meeting regarding the proposed Elk Park Center. Commissioner Eberley suggested the Planning Commission review metal skin accessory structure standards. steve Ach replied that staff is researching possible code amendments and will present these to the Planning Commission at an upcoming Planning Commission workshop. 11. Adjournment There being THE MEETING. CARRIED 7-0. 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 9:20 p.m. Respectfully submitted, /lAd'" . /(1 .~ LilLI; f)J~I'X l(l. .u en rn /d'/,J Catherine M. Schmidt Recording Secretary Approved: 10-28-93 CMS