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11-24-1992 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, NOVEMBER 24, 1992 Members Present: Chairman Nadeau, Commissioners Eberley, Johnson, Minton, Spotts, Tveite Members Absent: Commissioner VanValkenburg Staff Present: Stephen Rohlf, Building and Zoning Administrator; Gary Schmitz, Recycling Coordinator; Catherine Schmidt, Recording Secretary 1. Call Meeting to Orde~ Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:05 p.m. by Chairman Nadeau. 2. Consider 11/24/92 Planning Commission Agenda Commissioner Johnson added 7.1, reviewing Planning Commission Rules & Procedures/Protocol merge and general housekeeping updates; Stephen Rohlf added 7.2, discussion on several informational items in the Commissioner's packets; Commissioner Minton added 7.3, review pending ordinances; Commissioner Eberley added 7.4, review Planning Commission goals. COMMISSIONER EBERLEY MOVED TO APPROVE THE 11/24/92 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 10/27/92 Planning Commission Minutes Commissioner Johnson requested page 4, paragraph 1, be amended to read that she would abstain from voting and discussion on this item due to a perception of conflict of interest and that Mr. Gow is a family friend. Commissioner Eberley stated that as per page 5, paragraph 1, discussion relating to the five standards for a variance was clarified and sufficiently resolved. COMMISSIONER TVEITE MOVED TO APPROVE THE 10/27/92 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend 12121/92 City Council Meeting It was indicated that Commissioner Spotts would attend the 12/21/92 City Council meeting to be held at the Elk River Public Library. . . . Elk River Planning Commission November 24, 1992 Page 2 5. ~onsider Site Plan Review Request by John Morrow. Kentucky Fried Chicken/Public Hearing Stephen Rohlf, Building and Zoning Administrator, explained that the applicant, John Morrow of Kentucky Fried Chicken is requesting a Site Plan Review for a greenhouse/solarium addition to the restaurant located at 525 Dodge Avenue. The proposed addi tion would measure approximately 10x24 and would be located on the west side of the buildin~. Because this property lies within a PUD, a site plan review by the Planning Commission is required. Mr. Rohlf expressed staff's concern with the proposed area allotted for a drive through lane. The proposed area appeared to be close to the corner of the building and abuts a one-way lane. Mr. Rohlf requested input regarding this concern. Chai rman Nadeau stated that he reviewed this issue with Janelle Szklarski, Zoning Assistant, and that they had no specific concerns regarding the drive through lane. Mr. Morrow, the applicant, reviewed the dimensions of the proposed addition and drive through lane. Chairman Nadeau questioned whether the curb along the drive through lane is concrete or bituminous. Mr. Rohlf answered that it is bituminous. Mr. Rohlf iterated staff's concern regarding the safety issue of the curve, however, staff did not have any further concerns with the proposed addition. Chairman Nadeau suggested concrete posts be placed around the curve to protect the building and patrons. Chairman Nadeau opened the public hearing. There being no comments from the public, Chairman Nadeau closed the public hearing. Commissioner Minton requested more information regarding the sharpness of the curve. Mr. Rohlf replied that if the curve was any sharper it would present additional concerns. Chairman Nadeau remarked that the concrete posts would alleviate concerns regarding the safety issues related to the drive through curve. After substantial discussion regarding the safety factors of the curve and the close proximity to the building, the consensus of the Commissioners was that an added condi tion to include concrete posts would address the safety issue sufficiently. COMMISSIONER TVEITE MOVED TO APPROVE THE SITE PLAN REVIEW REQUEST BY JOHN MORROW CITING STAFF'S MEMO WITH THE FOLLOWING STIPULATION: 1. THAT CONCRETE FILLED POSTS BE ADDED AROUND THE DRIVE THROUGH CURVE TO PROVIDE ADDITIONAL SAFETY TO THE BUILDING AND THE PATRONS. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Elk River Planning Commission November 24, 1992 Page 3 . 6. Consider Conditional Use Permit Request by Jeff Mastley/Public Hearin~ Gary Schmitz, Recycling Coordinator, explained that on October 27, 1992, the applicant, Jeff Mastley, came before the Planning Commission to discuss a Conditional Use Permit request to excavate a portion of an existing wetland located at 14116-201st Avenue NW, Elk River, MN. The excavation is very close to a tiled system of wetlands know as County Di tch 28. County approval is necessary before any excavation takes place within the ditch system, therefore, this item was tabled until the County Board had a chance to review this proposal. On November 18, 1992, the County Ditch Inspector presented his findings on this issue to the County Board. The Board ruled that the tile line was located just to the west of the Lewis property line and therefore, would not be affected by the excavation of the wetland. The County Board was concerned about the close proximi ty of the tile line to the excavation area and requested that the applicant locate and stake the westerly property line to avoid any possible accidental disruption of the tile system. New information included a letter from the Army Corps of Engineers and an anonymous letter from a concerned neighbor. . Mr. Schmitz reviewed the stipulations as per his memo. He specifically referred to the last stipulation and stated the DNR's concerns regarding wetlands in general. The DNR is opposed to most wetland excavations as it changes the value of the wetland. Mr. Schmitz explained that occasionally, excavated ponds do not provide cover for wildlife since the area surrounding the pond is cleared of the natural habi tat. For this reason, Mr. Schmi tz added sti pulation number 7 to his memo. Chairman Nadeau asked Mr. Mastley if he could foresee any problems working with the DNR. Mr. Mastley replied that there were none. Mr. Rohlf discussed the safety hazards to children regarding ponds, the depths, slopes, etc. Chairman Nadeau alluded to state guidelines and Ci ty ordinance regarding slopes, depths, etc., and stated that other than expressing concern regarding safety for children, repeating those guidelines by imposing further conditions would be redundant. Commissioner Johnson recommended staff review this issue with the City Attorney regarding possible lawsuits. Mr. Schmitz agreed and stated that he would contact the City Attorney for advice before this proposal is presented to the City Council. Chairman Nadeau opened the public hearing. . Jeff Mastley, the applicant, requested clarification of the western property line; is that between Lot 11 and Lot 12. Mr. Schmitz answered that it is and briefly reviewed the lot lines and concerns regarding the western property line. There being no further comments from the public, Chairman Nadeau closed the public hearing. . . . Elk River Planning Commission November 24, 1992 Page 4 Commissioner Eberley raised the issue of the anonymous letter from a concerned neighbor. Although Commissioner Eberley is sympathetic to the safety concerns, the overriding issue is whether or not the anonymous letter should be considered. Further, Commissioner Eberley suggested that guidelines regarding this particular issue be drafted for future reference. After deliberation and discussion, Mr. Rohlf announced he would inquire as to any particular procedures relating to this issue and inform Commissioner Spotts before the 12/21/92 City Council meeting. Commissioner analysis of Coordinator. wi th the depth of Schmitz, Recycling Johnson commented she was this proposal provided Very well done. impressed by Gary Commissioner Eber ley questioned whether or not this type of request will have an affect on future drainage plans for the City. Mr. Rohlf answered that wetlands help the drainage concerns, however, possible negatives may be issues regarding the water table. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY JEFF MASTLEY CITING STAFF'S MEMO AS WELL AS THE FOLLOWING STIPULATIONS: 1. THAT NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARIES. 2. DURING THE ENTIRE PERIOD OF THE PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF 4' HORIZONTAL TO l' VERTICAL. 3. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 4. THE POND SHALL BE NO DEEPER THAT 3-4 FEET IN DEPTH. 5. ANI EXCAVATION OR FILLING SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THIS AREA. 6. THAT THE WESTERN PROPERTY LINE OF THE LEWIS PROPERTY BE STAKED TO AVOID ANY POSSIBLE ACCIDENTAL DISRUPTION OF THE TILE SYSTEM. 7. THAT THE CONTRACTOR AND PROPERTY OWNER WORK WITH THE DNR TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. COMMISSIONER TVEITE SECONDED THE MOTION. Commissioner Eber ley inquired as to whether or not further discussion should continue regarding the safety issue. Commissioner Minton replied that further discussion would be redundant. COMMISSIONER EBERLEY INDICATED THAT STIPULATION NUMBER 2 AND STIPULATION NUMBER 4 BE PRECEDED WITH "FOR SAFETY PURPOSES. . ." COMMISSIONER MINTON AGREED AND MOVED THAT THE TWO STIPULATIONS BE Elk River Planning Commission November 24. 1992 Page 5 . AMENDED TO INCLUDE THE STATEMENT PROCEEDING THE STIPULATIONS TO READ "FOR SAFETY PURPOSES..." THE MOTION CARRIED 6-0. ,., I. Other Busines~ 7.1 After talking briefly about the current status of the Planning Commission Rules and Procedures and Protocol merge, Commissioner Johnson indicated her desire to review and resolve pending issues such as this along with general housekeeping. Specifically, note page 6, item 5; the wording seems cumbersome. It was noted that this issue was brought before the City Council during a joint City Council and Planning Commission meeting and a draft was constructed. Discussion ensued and it was the consensus of the Planning Commission that staff would rev iew the draft, re-word if necessary, and submi t the rev i sed draft to Commissioner Spotts before the Council meeting on December 21, 1992 . 7.2 Stephen Rohlf led discussions regarding the informational items enclosed in the packets. 1) Mr. Rohlf received a letter from Gene Schultz stating that he would like to retract his statement regarding the Elk Park Center West. . 2) After briefing the Planning Commissioners on the City Wide Transportation Plan, it was the consensus of the Planning Commission that further information be provided to new Planning Commissioners (i .e. a copy of the Master Park and Recreation Plan). The Planning Commissioners requested that Mr. Rohlf relay to the City Council their desire to have a more active planning role in the transportation plan and that a City wide transportation plan should include components for pedestrians and public transportation. 3) Mr. Rohlf briefed the Planning Commission regarding the County Mapping memo. 4) Mr. Rohlf presented the concerns of the City Council regarding PUD's; C3 Zones are too broad - split and/or sub-zone within the C3 Zones. Commissioner Spotts stated that PUD's were not clearly defined on the Zoning map and that perhaps this issue can be added to the upcoming Workshop. Discussion regarding Business Parks began and it was decided that this topic also be added to the next Workshop. 5) Environmental Update; Mr. Rohlf explained this memo in further detail and responded to the Planning Commissioner's questions. . 6) Wetland Conservation Act; Mr. Rohlf and Mr. Schmitz explained in detail some of staff's concerns of the 1991 Wetland Conservation Act. Staff will attend a hearing to voice the City's concerns (primarily, the number of government levels involved with the process and the mandatory mitigation plan with any plan that involves wetlands). Staff is not against protecting wetlands, however, many of the proposed permanent rules will make the process very time consuming, and difficult to understand. . . . Elk River Planning Commission November 24, 1992 Page 6 Chairman Planning It was Chairman Nadeau stated he would not re-apply as a member for the Commission and asked other Planning Commissioners the same. noted that Commissioner VanValkenburg will not re-apply. Nadeau stated that the deadline to apply is December 21, 1992. Chairman Nadeau advised the Planning Commission that the Annual Meeting will be held on January 16, 1993, and would include new Planning Commission members. Commissioner Minton suggested staff review pending ordinances. The Planning Commission will then review the ordinances before forwarding to the City Council. Stephen Rohlf updated the Planning Commission on the possibility of Lake Orono being dredged. Commissioner Eberley touched upon goals and the need to review these goals prior to the Annual Meeting. B. A9.iournment There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 9;35 p.m. Ro;;;;;;~b~7F/~/v~11IJ Catherine M. Schmidt Recording Secretary