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01-22-1991 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING CO~rnISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, JANUARY 22, 1991 MEMBERS PRESENT: Chairperson Johnson, Commissioners Bischoff, VanValkenburg and Spotts. Commissioner Eberley arrived at 7:40 p.m. MEMBERS ABSENT: Commissioners Nadeau and Schroeder STAFF PRESENT: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant. Tim Keane, City Attorney arrived at 7:10 p.m. 1. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order by Chairperson Johnson at 7:00 p.m. 2. Consider 1/22/~) Plannin~ Commission A~enda Commissioner Bischoff added the following items to the agenda: Item 8, "Cluster Homes Discussion" and Item 9, "General Discussion of Annual Meeting". COMMISSIONER BISCHOFF MOVED TO APPROVE THE 1/22/91 PLANNING COMMISSION AGENDA AS AMENDED. COM.flfISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 11/27/90 PlanQin~ Com~ission Minutes Chairperson Johnson noted that Commissioner Eberley would not be present until later, and requested that this item be moved up as at least four votes were needed to approve the minutes, and Commissioner Spotts would not be voting on this item. 4. Planni~ Commission Representative to Attend 2/25/91 City Council Meetin~ Chairperson Johnson indicated that this item was discussed at their annual meeting in January as to whether there should be one or two commissioners attending the City Council meetings. It was the general consensus that one commissioner would attend the City Council meetings unless there were controversial issues or for new members who prefer to have another commissioner attend with them. Steve Rohlf requested that item 5 be moved ahead as Dale Homuth of the DNR, had not yet arrived. Chairperson Johnson suggested that Item 8, Cluster Development, be heard next. 8. Cluster Development Chairperson Johnson stated that this item was discussed at the annual meeting in January. After discussing cluster development, it was the Planning Commission Minutes January 22, 1991 Page 2 . general consensus that the Commission felt the proposed language was not appropriate and would like to reopen the discussion. Dale Homuth from the DNR arrived at this time. Steve Rohlf, Building and Zoning Administrator, stated that cluster development was basically a mechanism to preserve open space. He stated that maybe a new classification of development wasn't needed and that this type of development can be handled under the PUD which allows the flexibility to vary from stringent regulations. Mr. Rohlf suggested some changes in the PUD section. He stated that staff would be sending an informational memo to the City Council in February regarding this topic. 5. Qrdin1!,J19_~__~meJ1dment to S~ction 902 "J:J..Q..QLPJain MJ!!tage~ent Ordinance'~ Public HearinLand-.:s._ho~land Ordinance Discussion". . Janelle Szklarski, Zoning Assistant, indicated that the Minnesota Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) have directed the City to amend their floodplain management ordinance by September of 1991 in order to comply wi th Federal regulations. Ms. Szklarski gave a brief summary of the major differences between the existing floodplain ordinance and the proposed one. She stated that one of the major changes would be the updating of the maps, however they are not ready this time. Once the maps are approved, the ordinance has to be amended again to include these changes. Another major change would be the addition of standards for travel trailer parks. Chairperson Johnson opened the public hearing. Dale Homuth, Area Hydrologist of the DNR, explained that about three years ago the Federal government amended the Federal regulations for the floodplain management ordinance. He further explained that any community that wants to stay in the flood insurance program has to keep their ordinance up to date. Mr. Homuth updated the Commission on the changes regarding standards for travel trailer parks and campgrounds. Tim Keane, City Attorney, stated that the biggest change staff has made in drafting the ordinance is that there is more consistency with our existing ordinance. The other significant change was cross-referencing all other applicable ordinances in our general zoning regulations. He indicated that the ordinance would also give the City more guidance as to the criteria for granting conditional use permits and variances. Tim Keane asked if the Council should act on the ordinance before it was forwarded to the State for approval. Mr. Homuth stated that he wouldn't delay having the Council approve the ordinance as the ordinance was in compliance with Federal regulations. . Commissioner Spotts questioned if the Council would receive an ordinance amendment which would outline the additions and deletions to the existing ordinance. Planning Commission Minutes January 22, 1991 Page 3 . Mr. Rohlf stated that staff would summarize in a cover letter to the Council the changes that had taken place. Janelle Szklarski stated that the new ordinance was very similar in content to the existing ordinance, but that only the order in which the regulations appeared had changed. The new format makes it a much better ordinance. Chairperson Johnson closed the public hearing. Commissioner Eberley arrived at this time. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT TO SECTION 902 "FLOODPLAIN MANAGEMENT ORDINANCE". COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER EBERLEY ABSTAINED AS SHE WAS NOT PRESENT FOR THE DISCUSSION. SHORELAND ORDINANCE Janelle Szklarski, Zoning Assistant, explained that the City of Elk Ri ver is mandated by the Department of Natural Resources to adopt an approved Shoreland Management Ordinance by February of 1992. Ms. Szklarski noted that she has received a model ordinance from the DNR and has attended a seminar regarding the changes to this ordinance. . Dale Homuth, Area Hydrologist for the DNR, distributed a handout on the new standards for Minnesota's Shorelands. Mr. Homuth reviewed the new standards for Minnesota's Shoreland ordinance as explained in the handout. He further went on to explain that effective July 3, 1989 there were new Statewide Standards for Management of Shoreland Areas. Many counties and cities will be adopting shoreland ordinances within the next two or three years to follow state requirements. The City of Elk River is considered one of the high priority cities because of the number of lakes and miles of shoreland in the Elk River area. Steve Rohlf, Building and Zoning Administrator, summarized the differences between the Floodplain ordinance and the Shoreland ordinance. He indicated that the shoreland ordinance has much more flexibility as far as the ordinance is concerned. Some discussion followed regarding the Shoreland Ordinance. 3. Consider 11/27/90 Plannin~ Commission Minutes . The following amendments were made to the minutes: Page 6, change the motion to read "Carried 6-1. Commissioner VanValkenburg voted no as he was in favor of granting the variance." Item 11, replace the word "Conconforming" with "Nonconforming" in the last paragraph. Item 14.5, last sentence on page, replace with new sentence, "The Commissioners expressed their opinions regarding Chairman Kimball's decision to seek reappointment." COMMISSIONER EBERLEY MOVED TO APPROVE THE 11/27/90 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. Planning Commission Minutes January 22, 1991 Page 4 . THE MOTION CARRIED 4-0. COMMISSIONER SPOTTS ABSTAINED AS HE WAS NOT A MEMBER OF THE COMMISSION IN NOVEMBER OF 1990. 7. Disc~ssion - Adult Related Land Uses Moratorium Steve Rohlf, Building and Zoning Administrator, stated that the Adult Entertainment Related Land Use issue was before the Commission in order to give staff some direction as to how adult oriented land uses should be regulated and to implement ordinances which accomplish this. This ordinance would be presented at another meeting at a later date. Chairperson Johnson read the following statement to be entered into the minutes. "The Elk River Planning Commission recognizes that pornography represents an affront to the dignity of women and other vulnerable individuals as well as a threat to their personal safety. All discussions relevant to the topic of adult related businesses will be conducted in a manner which respects the sensibilities of women and other vulnerable individuals." Chairperson Johnson indicated that the statement she just read would give some guidelines on the conduct of the discussion regarding Adult Entertainment Related Land Uses and was asking for an agreement on the statement before the Commission proceeded with this item. No one opposed the statement. . Commissioner Spotts gave some background information on some of the problems which occurred in Andover. The City of Andover felt they could not deny adult related land uses, but could instead put restrictions on these types of uses. Commissioner Spotts stated that Andover had followed the City of St. Louis Park's ordinance as they felt it was a good ordinance. Tim Keane, City Attorney, gave a brief history of the moratorium. A six month moratorium was adopted in April, 1990 and was extended by resolution of the Council in September for an additional 18 months. Mr. Keane further explained that the Attorney General's Report is a sufficient basis for the City to undertake the moratorium to study the issue and to adopt regulations. Mr. Keane stated that based on this report, the City is not required to do its own independent research to establish what the potential adverse affects of these uses are on the community. The City has to thoughtfully go through a process in terms of determining how the Ci ty wants to consider the adverse affects on the community and then formulate regulations in response to that. . Commissioner Spotts suggested adopting a pseudo-ordinance like St. Louis Park's, but changing the zoning designations to comply with Elk River's land uses. After some discussion, the Planning Commission was in agreement with Commissioner Spotts to take the St. Louis Park Ordinance and work wi th it to see how it would play out in terms of land use principals and land use regulations for the Elk River communi ty. It was the general consensus of the Commission that they would work on fact-finding and start to assemble background information to discuss at their next work session. . . . Planning Commission Minutes January 22, 1991 Page 5 9. General Discussion of Plannin~ Commission Annual Meetin~ The Commission reviewed the topics that meeting. Some discussion took place meeting with the City Council, touring Planning Commission conference. 10. Adjournment were discussed at their annual regarding scheduling a joint the landfill, and the National There being no further business, COMMISSIONER SPOTTS MOVED TO ADJOURN THE MEETING. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at approximately 9:25 p.m. Respectfully submitted, SJ, ttJlffJ(} m fWL, Sharon Maue Recording Secretary