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03-26-1991 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, MARCH 26, 1991 Members Present: Chairperson Johnson, Commissioners Schroeder, VanValkenburg, Spotts and Bischoff Members Absent: Commissioners Eberley and Nadeau Staff Present: Janelle Szklarski, Zoning Assistant; Tim Keane, City Attorne~l; Terry Maurer, City Engineer; and Bill Rubin, Economic Development Coordinator 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 ~/26/91 Plannin~ Commission A~enda Chairperson Johnson requested that under item #16 also add "Discussion on size of site plan drawings received". COMMISSIONER BISCHOFF MOVED TO APPROVE THE 3/26/91 PLANNING CO~~ISSION AGENDA AS AMENDED. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 2/26/~1 Plannin~ Commis,sion Minutes Commissioner Johnson would like a copy of the map which accompanied her comments on the James Manor plat attached to the mintues. COMMISSIONER SCHROEDER MOVED TO APPROVE THE 2/26/91 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chairperson Johnson abstained from the vote as she was not present for last month's Planning Commission meeting. 4. Plannin~ Commission Representative to Attend 4/15/91 Citv Council Meeting It was indicated that Commissioner Bischoff would attend the 4/15/91 City Council meeting. tJ. Consider Amendment to TIF Plans by Bill Rubin Bill Rubin, Economic Development Coordinator, explained that on Monday, April 15, 1991, the Elk River City Council will conduct a public hearing to consider amendments to the Tax Increment Financing Plans No. 3. and No.3. The Elk R.i ver Planning Commission is asked to approve said amendments if they are consistent with the City's Comprehensive Plan. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PROPOSED AMENDMENTS AS THE COMMISSION FELT THEY WERE CONSISTENT Planning Commission Minutes March 26, 1991 Page 2 . WITH THE COMPREHENSIVE PLAN. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Conditional Use Permtt Beaudry/P.H. (Gas Station/Convenience Store) By Ken Janelle Szklarski, Zoning Assistant, stated the the applicant is requesting a conditional use permit to construct a gas station/convenience store at the corner of Proctor Avenue and Highway 10. Ms. Szklarski reviewed the factors as outlined in her memo that need to be considered when approving a conditional use permit. She stated that staff is recommending that the access onto 6th street remain. However, staff is recommending that 6th Street be closed between Proctor and the site access because of vehicles existing onto 6th Street and then trying to turn left on Proctor Ave. Another consideration with this proposal is the need to extend a fire hydrant to the east side of the closure to provide adequate hydrant availabili ty in case of a fire. Ms. Szklarski stated that she is recommending approval as she felt the request was consistent with the seven standards. Chairperson Johnson opened the public hearing. . Ken Beaudry gave a brief summar~' of his request stating that the gas station/convenience store would be a close configuration to that of Super America. Joanne Adamski - 14334 NE 96th Street, stated that they own a business at 726 Quinn and that it was impossible to get onto Proctor because of the traffic. Ms. Adamski felt the traffic was a real problem and asked if anything was going to be done about it. Terry Maurer, City Engineer addressed her concern indicating that Proctor Avenue is scheduled to be upgraded to 4 lanes by Fall of 1991. He further indicated that it was a poorly designed intersection to have a frontage road that close to an intersection of a major arterial road and a collector. Thomas Brown - 1204 5th Street, stated that he was concerned with what would happen to Mr. Beaudry's current business when the new business is functional. Mr. Beaudry stated that he would guarantee Mr. Brown that his former business would not be vacated. Clarice Orsborn - 622 Proctor, stated that she would like to see some sort of buffer as to screen them from noise. Chairperson Johnson closed the public hearing. . The proposed hours of operation was discussed in great length. Commissioner Spotts suggested that the hours of operation be from 6:00 a.m. to 11:00 p.m. Commissioner VanValkenburg was opposed to restricting the hours of operation. Commissioner Bischoff was also opposed to restricting the hours of operation as he felt when the property was rezoned to commercial the public was made aware that a business operation would be located in the area. Mr. Beaudry stated . . . Planning Commission Minutes March 26, 1991 Page 3 that he could not run a successful business with the hours of operation being restricted. The Planning Commission was di v icled as far as the hours of operation. Because the hours of operation was an issue and a concern of the Planning Commission, it was the general consensus to have the City Council reexamine the hours of operation and make a judgement on what they felt was appropriate. COMMISSIONER VANVALKENBURG MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY KEN BEAUDRY FOR A CONVENIENCE STORE/GAS STATION SITING THE FINDINGS OF FACT ALONG WITH THE SEVENTEEN STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED 3/20/91 ALONG WITH THE ADDITIONAL STIPULATION THAT THE CITY COUNCIL REEXAMINE THE HOURS OF OPERATION. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Conditional Use Permit bv Elk River Municipal Utilities/P.H. Janelle Szklarski, Zoning Assistant, introduced this item indicating that the applicant (Elk River Municipal Utili ties) is requesting a condi tional use permit to allow a 5,000 sq. ft. addition to an existing storage building at the Elk River Municipal Utilities' power plant site located at 1705 Main Street. Chairperson Johnson opened the public hearing. Glen Sundeen, Elk River Utilities, stated the reason for their request is to move the storage inside as to help improve the looks of the facility and to eliminate outside storage, except for poles. Lucille Briggs - 1433 Main Street, was concerned with the amount of fill that was shown on the site plan. Dave Briggs - 18972 Albany, was also concerned with the fill on the site especially if there was something underneath the fill that might be detrimental to the water source. Mr. Sundeen addressed his concern stating that they were fully investigated by the MPCA and were in compliance with their standards. Mr. Briggs asked why the utilities chose to put the new addition on the east side of the present addition rather than the west side. Mr. Sundeen stated that if the addition was put on the west side they would not be able to access the substation to work on it. Raymond Zachman - 511 Tipton, was concerned with the valuation of his property being lowered because of the addition. Chairperson Johnson closed the public hearing. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW A 5,000 SQ. FT. ADDITION TO AN EXISTING STORAGE BUILDING AT THE ELK RIVER MUNICIPAL UTILITIES SITE . . . Planning Commission Minutes March 26, 1991 Page 4 SITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO DATED 3/14/91 WITH THE FOLLOWING RECOMMENDATIONS; 1. THAT NO HAZARDOUS MATERIALS OR DANGEROUS ITEMS BE ALLOWED TO BE STORED IN THE PROPOSED STRUCTURE. 2. TH.AT EVEHGREENS BE PLANTED ON THE Ei\STERN SIDE OF THE PROPOSED STRUCTURE TO HELP SCREEN THE STRUCTURE FROM THE ADJACENT RESIDENCE. 3. THAT THE PARKING AND DRIVE AREAS BE PAVED AND STRIPED. THAT THE PARKING SHOWN ON THE SITE PLAN BE AT A 90 DEGREE ANGLE. 4. THAT DETAILS ON DRAINAGE BE APPROVED BY STAFF WITH SPECIAL CONSIDERATION GIVEN TO AVOID EROSION TO THE ELK RIVER. 5. THAT THE METAL SKIN EXTERIOR BE CONSISTENT WITH THE OTHER BUILDING ON THE PROPERTY. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chairperson Johnson was opposed as she felt intensifying an industrial use is inappropriate and felt it was time to move out rather than expand on this site to meet their future needs. She also felt the expansion was more than what utilities need. A 5 minute break was taken at this time. 8. Preliminary_ Plat (James Manor) bS James Peterson Sr.fP.H. Janelle Szklarski, Zoning Assistant introduced the preliminary plat of James Manor. She stated that the applicant has withdrawn his request for a zone change to R-2a. The applicant instead is proposing a single family development on this site. Staff is recommending approval of this preliminary plat as it is consistent with the Comprehensive Plan and meets the requirements of the City's ordinance. Chairperson Johnson opened the public hearing. Ms. Szklarski stated that she had a couple of issues to discuss which were not mentioned in her memo. Ms. Szklarski stated that Chairperson Johnson, the developer and herself went out to the site to look at what type of trees were on the site. She indicated that most of the site consisted of brush and therefore, she was recommending that the developer work with staff to come up with an appropriate tree and landscape plan for the site. Chairperson Johnson concurred with staff that there were not a lot of trees and foliage worthwhile saving. Ms. Szklarski further noted that there was a power line running through the site. Staff is recommending that the developer work with the utilities company in relocating the power line. Raymond Zachman - 511 Tipton was concerned with the plat layout as far as the location of the single family home next to his lot in conjunction with his driveway location. He stated that two driveways . . . Planning Commission Minutes March 26, 1991 Page 5 would be positioned on the same corner and questioned what affects would this have on the value of his home. Chairperson Johnson closed the public hearing. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT FOR JAMES MANOR SUBJECT TO THE 14 STIPULATIONS REFERENCED IN STAFF'S MEMO DATED 3/14/91 WITH THE FOLLOWING CHANGES AND ADDITIONS: 1. REPLACE STIPULATION #12 WITH THE FOLLOWING: THAT THE DEVELOPER WORK WITH STAFF TO COME UP WITH AN APPROPRIATE TREE AND LANDSCAPING PLAN FOR THE AREA BECAUSE OF THE AREA CONSISTING MOSTLY OF BRUSH. 2. ADD STIPULATION #15: THAT THE DEVELOPER WORK WITH ELK RIVER MUNICIPAL UTILITIES IN RELOCATING THE POWER LINE THAT RUNS THROUGH THE PROPERTY. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Conditional Use Permi t (Met.al Skin Al":ricultural Buildinl":) by Gerald Ruppelius/P.H. Janelle Szklarski, Zoning Assistant, indicated that Gerald Ruppelius of 10496 18lst Ave. NW is requesting a conditional use permit to construct a second detached accessory building on his property. The Planning Commission will also be looking at the use of that property for raising slaughter cattle. Ms. Szk1arski reviewed the factors as outlined in her memo that relate to this issue. Staff is recommending approval as it meets the seven standards for a conditional use permit request. Chairperson Johnson opened the public hearing. Mr. Ruppelius stated that he would be using part of the building for cattle and the rest of the building for storage purposes. He stated that the old barn wi 11 be torn down prior to the new building being constructed. Chairperson Johnson closed the public hearing. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO CONSTRUCT A 3,200 SQ. FT. METAL SKIN DETACHED ACCESSORY BUILDING AT 10496 181ST AVENUE WITH THE EIGHT STIPULATIONS AS OUTLINED IN STAFF'S MEMO SITING THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT AS OUTLINED IN STAFF'S MEMO DATED 3/14/91. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Variance Request by All-Lan PartnershiD (Alltool)/P.H. Janelle Szklarski, Zoning Assistant, introduced this item indicating that the applicants have two separate structures situated on one lot. The applicant would like to spl it the property in order to sell the buildings separately. The Planning Commission is asked to review a Planning Commission Minutes March 26, 1991 Page 6 . variance request because one of the proposed lots does not have frontage on a public street. Chairperson Johnson opened the public hearing. Steve Graffunder spoke on behalf of All-Lan Partnership. Mr. Graffunder gave some brief background information on the request. He stated that the property at one time was under separate ownership. There is now one owner for both buildings. Alltool has relocated in the Industrial Park and wishes to sell the buildings. In order to accommodate this sale, it is necessary to place the buildings on separate lots for separate ownership. Chairperson Johnson closed the public hearing. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST ON FRONTAGE BY ALL-LAN PARTNERSHIP CONTINGENT UPON THE LOT SPLIT BEING APPROVED SITING THE SEVEN STANDARDS IN STAFF'S MEMO DATED MARCH 14, 1991 WITH THE CONDITION THAT A PRIVATE ROAD AGREEMENT IS ENTERED INTO ON THE TWO PARCELS THAT WILL ACCESS THE WESTERN PARCEL, PRIOR TO RECORDING THE LOT SPLIT. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Conditional Use Permit (Gas Station &. Convenience Store) by Holiday . Stationstore.~lP.H. Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a conditional use permit to convert the existing school district office building into a Holiday Gas Station/Convenience Store. A car wash is also being considered on this site. The applicants have submi tted two site plans; one with a car wash and one without. The Planning Commission has to determine which site plan they wish to review as only one site plan can be considered. It is staff's opinion that the site is too small to adequately accommodate a car wash. Staff is further recommending tabling of the request because the site plan does not adequately address the grading and drainage on the site. Tim Keane, City Attorney, stated that if the applicants wish to proceed wi th this request they must determine which application they want the Planning Commission to consider. Mark Nelson representing Holiday Station Stores stated that they had not come prepared to determine one si te plan over the other. If they had to make a choice it would have to he the site plan with the car wash. . Ms. Szklarski stated that staff's main concerns with this request would be storm drainage and traffic/access. Terry Maurer, City Engineer, addressed the storm drainage problem. He stated that at the concept review meeting the need to pick up storm drainage internally was discussed. Storm drainage should be picked up internally on commercial lots like this one so as to avoid a situation where water would run off the site causing problems on street intersections or behind the shopping center. Mr. Maurer indicated that staff would like to see a revised drainage plan before any further review bJ' the Planning Commission. Planning Commission Minutes March 26, 1991 Page 7 . Ms. Szklarski addressed staff's concern with the traffic flow and site access. She stated that when Highland Commercial Park was reviewed by the City Council they put a stipulation on the request that there be no access off of School Street allowed without City Council approval. Staff is recommending that the applicants come back with a revised site plan showing the access to and from the site. Terry Maurer, City Engineer was in agreement. Dick Ensted explained that if Holiday has to come back in April with a new proposal, the issue would be void as there is a stipulation in their purchase agreement with the School District that by May 1, 1991, all of the contingencies on the site plan must be approved. Mr. Ensted stated that he did not know how they could address all of staff's concerns tonight and still get the required information to the City council on time. He stated that they have a real problem if this issue is postponed unless they can come up with an al ternati ve solution such as holding a special Planning Commission meeting prior to the April 15th City Council meeting. . Mark Nelson addressed the grading and traffic/access issues. He felt there was come confusion at the concept review meeting regarding these issues. Tim Keane, City Attorney, stated that there were a lot of issues and questions raised by staff at the concept review meeting and it was the developer's responsibility to find solutions to these concerns. Mr. Keane stated that staff was not at the meeting to redesign the developer's plans but to give them comments and reactions to these issues prior to preparing a plan that would be submitted to the Planning Commission for formal review and public hearing. Commissioner VanValkenburg suggested a special Planning Commission meeting be held prior to the April 15th Ci ty Counei 1 meeting so that staff could get together with the developer and work out the traffic/access and drainage problems prior to the City Council meeting. Chairperson Johnson was in favor of tabling this issue but was opposed to a special meeting. After some discussion on this issue, Tim Keane, City Attorney suggested that if the Planning Commission was willing to hold a special meeting, they should allow staff enough time to work with the developer and put together a revision to see if these issues could be ironed out. COMMISSIONER SPOTTS MOVED TO CONTINUE THE PUBLIC HEARING TO APRIL 9, 1991, AT WHICH TIME THE PLANNING COMMISSION WILL HOLD A SPECIAL MEETING AT CITY HALL STARTING AT 5:30 P.M. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Schroeder left the meeting at this time. 12. Q.91Wi tt9nal Use Permit by Lincoln Elementary School/P. H. . Janelle Szklarski, Zoning Assistant, stated that the applicant is proposing a 47,000 square foot addition to the existing Elementary School located at the corner of Jackson Avenue and School Street. Ms. Szklarski reviewed the factors as outlined in her memo that need to be Planning Commission Minutes March 26, 1991 Page 8 . considered when reviewing this request. Staff is recommending approval as they feel this request meets the seven standards and is consistent with the City's comprehensive plan. Chairperson Johnson opened the public hearing. Bill Rova of KKE Architects gave a brief summary of their request indicating that the majority of the expansion will occur to the north and east of the existing building. He stated that the school is a two section school now and will be increased to a four section school. Mr. Rova addressed the landscaping stating that there were a number of existing trees on the site which they will try to move or relocate. Chairperson Johnson closed the public hearing. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY LINCOLN ELEMENTARY SCHOOL FOR A 47,000 SQ. FT. ADDITION LOCATED AT 600 SCHOOL STREET AS THE REQUEST MEETS THE SEVEN STANDARDS, SUB.TECT TO THE SIX STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED MARCH 21, 1991. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 13. Ordinance Amendment/SeQtiillL-90Q . 18/Schedule of Di mensional Regulations (R-4 Density) QY John Weicht~~ . Janelle Szklarski, Zoning Assistant introduced this item indicating that the applicant (John Weicht) is requesting that the City review its ordinance in regards to densi ty standards for apartments in the R-4 zoning district to allow 16 dwelling units per acre. John Weicht explained his request by showing a diagram of what a possible apartment layout could be with 16 dwelling units per acre. He stated that he would like to see some sort of requirements for amenities which could be done through the ordinance process. Commissioner Bischoff stated that he would like to see some amenities if the density is increased. Tim Keane, City Attorney, stated that there should be a standard that the City looks for in a project that addresses the need to create a total 1 i vable attractive environment for apartment dwellers especially since there are lot of kids in multifamily housing. Mr. Keane stated that if the City wishes to amend the ordinance to allow increased density and also to further the City's objective of creating an attractive multifamily environment, he would be wi lling to work with staff and Mr. Weicht to write an ordinance that addresses both amenities and increased density. He felt the City should not compromise its objectives in making sure that apartments are in an attractive, livable environment. . Chairperson Johnson agreed with Mr. Keane as she liked the idea of having an objective and working toward it. She stated that she had toured a number of apartments and there were quite a few children congregating between garages and riding their bikes in driveways. They . . . Planning Commission Minutes March 26, 1991 Page 9 do not have an attractive liveable environment. Chairperson Johnson indicated the objective she would support wnuld be a functional, liveable, attractive, multifamily environment. COMMISSIONER BISCHOFF MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE NEXT SCHEDULED PLANNING COMMISSION MEETING TO GIVE MR. KEANE TIME TO WORK WITH STAFF AND MR. WEICHT TO COME UP WITH AN ORDINANCE THAT WOULD ADDRESS BOTH AMENITIES AND AN INCREASE IN DENSITY UNITS. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 4-0. 14. Ordinance Amendment/Section l008/Subdivision Ordinance Regarding Administrative Subdivisions bv the Citv of_Elk River/P.H. Janelle Szklarski, Zoning Assistant, stated that this item was tabled from last month's meeting due to the lateness of the meeting. Staff is recommending approval of both the ordinance amendments. Chairperson Johnson opened the public hearing. No one appeared for or against the request; Chairperson Johnson closed the public hearing. COMMISSIONER SPOTTS MOVED TO RECO~~END TO THE CITY COUNCIL APPROVAL OF ORDINANCE AMENDMENT TO SECTION 1008 TITLED "SUBDIVISION ORDINANCE" BY THE CITY OF ELK RIVER. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER SPOTTS MOVED TO RECO~~END TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT SECTION 1008.08, SUBD. 2, OF THE SUBDIVISION REGULATIONS RELATING TO PROCEDURES FOR ADMINISTRATIVE SUBDIVISIONS. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 4-0. 15. QrdiILl'!-ll.ce Amendment/Se<;:tion 9QO. 22/SigIl OJ:_Qinanc_~_Q.Y__ theJ.i ty of Elk River/P.H. ,Tanelle Szklarski, Zoning Assistant, stated that the City Council is directing the Planning Commission to review its provisions regarding freestanding or boulevard signs in the C-2 zoning district. Currently, the ordinance allows boulevard signs in the C-2 district 5 feet high and 32 sq. ft. in size. After some discussion on this issue, the Planning Commission felt the the height restriction was too restrictive for the C-2 zoning district and was recommending that boulevard signs be allowed to be 7 feet high and 32 sq. ft. in size. COMMISSIONER VANVALKENBURG RECOMMEND TO THE CITY COUNCIL THAT THE ORDINANCE AMENDMENT TO SECTION 900.22 "SIGN ORDINANCE" REGARDING BOULEVARD SIGNS BE CHANGED TO 7 FEET HIGH AND 32 SQ. FT. IN SIZE. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . Planning Commission Minutes March 26, 1991 Page 10 16. Discussion Items - 1991 State Planni..n.g Conference, Home Occupations and Site Plan Size Janelle Szklarski, Zoning Assistant, informed the Planning Commission that they needed to register for the State Planning Conference by April 12, 1991. Ms. Szklarski indicated that she has received several requests for home occupations which do not fall under the City's home occupation definition. It was the Council's consensus that home occupations are changing and an expansion of the City's home occupation definition might be necessary. The City Council was directing the Planning Commission to further research the home occupation ordinance. After discussing thi s issue, the general consensus of the Commission was to discuss this at their May workshop session and bring it back to the Planning Commission at a later date. The Planning Commission discussed the size of site plan drawings and indicated that theJ-' do not want a reduction in plat drawings as they were too hard to read. 17. Adjournment There being no further business, COMMISSIONER BISCHOFF MOVED TO ADJORN. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Planning Commission adjourned at approximately 11:50 p.m. ShtVtM'JYn~ Sharon Maue Recording Secretary