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04-23-1991 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, APRIL 23, 1991 Members Present: Chairperson Johnson, Commissioners Schroeder, Spotts, Eberley, Nadeau, and Bischoff Members Absent: Commissioner VanValkenburg Staff Present: Steve Rohlf, Building & Zoning Administrator; Peter Beck, City Attorney; Gary Schmitz, Recycling Coordinator, Janelle Szklarski, Zoning Assistant; and Matt Ledvina, Bruce A. Liesch Associates, Inc. 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 4/23/91 Plannin~ Commission A~enda Commissioner Bischoff added Item 20.7 "Ordinance Amendment Discussion" to the agenda. COMMISSIONER BISCHOFF MOVED TO APPROVE THE 4/23/91 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 3/26/91 Plannin~ Commission Minutes Page 9, Item #15 - "Motion carried 4-0" should be changed to "Motion carried 3-1. Commissioner Spotts voting no." COMMISSIONER SPOTTS MOVED TO APPROVE THE 3/26/91 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Eberley abstained from the vote as she was not present for last month's Planning Commission meeting. 4. Consider 4/9/91 Plannin~ Commission Minutes COMMISSIONER SPOTTS MOVED TO APPROVE THE 4/9/91 PLANNING COMMISSION MINUTES. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioner Nadeau and Chairperson Johnson abstained from the vote as they were not present at the special Planning Commission meeting. 5. Plannin~ Commission Representative to Attend 5/20/91 City CounciL Meetin~ It was indicated that Commissioner Nadeau would attend the 5/20/91 City Council meeting. 6. Consider Conditional Use Permit {Gas Station & Convenience Store )-.-.-bx >>oliday Station Stores/P.H. Planning Commission Minutes April 23, 1991 Page 2 . Janelle Szklarski, Zoning Assistant, stated that the petitioner has withdrawn the request. 7. ~onsider Con~itional Use Permit ($olid Waste Facility Proposal) by Elk River Landfill/P.H. Steve Rohlf, Building and Zoning Administrator, suggested that this item be delayed on the agenda until the applicants arrived. COMMISSIONER BISCHOFF MOVED THA'l' THIS ITEM BE DELAYED ON THE AGENDA UNTIL THE PETITIONERS ARRIVED. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Consider Conditional Use Permit (Daycare Facility) by Elk River Assembly of God C~urch/P.H. . Janelle Szklarski, Zoning Assistant, introduced this item. She stated that the applicant is requesting a conditional permit to operate a daycare facility for up to 59 children in the R-la zoning district located at 11800 196th Avenue. Ms. Szklarski stated that the applicant was before the Council last fall with a similar request, which would accommodate 100 children. At that time, the request was denied due to potential traffic concerns, safety concerns, the commercial nature of the operation within a residential area, and also because the applicant was in noncompliance with stipulations of their previous request. Ms. Szklarski reviewed the outstanding stipulations as outlined in her memo that the applicant still needed to comply with. Staff is recommending denial of the request by Elk River Assembly of God Church because the seven standards have not been met. Chairperson Johnson opened the public hearing. Paul Lathe, Business Administrator and Assistant Pastor, apologized for the absence of a church representative at the October 1990 meeting. He stated that they had recently gone through a transition regarding the administrative staff. Mr. Lathe addressed the traffic concerns. He stated that they do not feel traffic should be a problem because of the traffic study they had done. Allan Fischer of 11946 196th Circle, stated that the church has made all kinds of promises regarding the conditions of the prior conditional use permits, which they have not been adhered to. He felt that the outstanding stipulations should have been dealt with. Mr. Fisher was further concerned about the busing of children to the site. Pastor Lathe responded to the busing concern. He stated that the busing was for a Headstart Government Program for which they were using the church facility. Mr. Fischer was also concerned about the garage on the site, which he felt was being used as a house. . Janelle Szklarski, Zoning Assistant, addressed Mr. Fischer's concerns. She stated that the church did get approval for a conditional use permi t in 1988 for Reach-Up Inc. to accommodate 18 children with the stipulation that those children be bused to the site to alleviate any traffic concerns. She further stated that a building permit was issued Planning Commission Minutes April 23, 1991 Page 3 . for a garage to be used for storage only. According to a representative from the church they do have plans in the future to make the garage into a house for missionaries. They are aware that any type of changes or expansion would take another conditional use permit. Brian Moran of 11957 196th Avenue, stated his major concern was with traffic which would be detrimental to the area. Mr. Moran also felt that the conditions of the previous conditional use permit were not met. He felt that this was a commercial venture that was being proposed in a residential area. He felt it was obvious that the ultimate goal was for a larger daycare facility. Carl Anderson, Secretary of the Board for Assembly of God Church, addressed some of the concerns in staff's memo. Mr. Anderson stated that traffic has been listed as the major concern. He stated that he talked with Tom Zerwas, Police Chief, regarding traffic concerns. Mr. Zerwas stated that Lowell Street has a traffic problem, however, many of the residential complaints have decreased dramatically because of the stop sign and the posted 30 mph speed limit. According to Mr. Anderson, Mr. Zerwas felt the traffic problem was a residential problem and not a church problem. Mr. Anderson felt the bulk of the traffic did not come from Lowell Street but rather from Highway 169. . Mr. Anderson stated that they were working with the County on getting their lots combined. He responded to the condition regarding the parking lot. They have all the striping completed except where the islands should be put in. Before they put the islands in, they would like to work with staff to come up with a landscaping plan which would address the parking lot and property boundaries. Mr. Anderson addressed the storage building concern stating that some day they hope to make it into a house for missionaries from overseas. They are aware that if the use is changed they have to come back for another conditional use permit. Ken Williams who owns a lot on Lowell Street stated that he supported the residents in the area who were opposed to the daycare facility. Mr. Williams stated that he had never had any problems with the church. Mr. Williams wanted to make sure there were not problems in the future if a 59 child daycare was allowed. If problems did arise it would be difficult to close down a facility with that many children as there would be many unhappy parents. Sally Smith of 12826 188th Avenue, stated that she didn't feel that this was a money-making project initially even though its considered a commercial business. The church has been hearing from parents that they want a Christian daycare facility. She felt there was a need for specialized daycare facilities as it would alleviate some concerns of parents that are looking for specialized daycare facilities. . Car 1 Anderson stated that the church has been planning this daycare since the time the church was built 10 years ago. They are trying to look at what the needs of the community are, and to meet those needs as they arise. Planning Commission Minutes April 23, 1991 Page 4 . Brian Moran raised the question of why the church was asking for a 59 child daycare instead of the 100 they had originally requested. David Markese, Senior Pastor, addressed Mr. Moran's concern. He stated that a 59 child daycare was chosen because of the current facility size and in order to have a manageable staff to student ratio. Chairman Johnson closed the public hearing. Commissioner Eberley stated that she doesn't see how things have changed a great deal from the original request last fall. The conditional use permit is issued to the property and not the management. There has been a lot of concern with the outstanding stipulations from the previous conditional use permit. She also felt that traffic generated with a 59 child daycare would be too excessive for the site. Commissioner Schroeder was in agreement. Commissioner Bischoff stated that he would feel comfortable approving this request if the church had been in compliance with their existing condi tional use permit. He would also like to see the number of children reduced. He stated that he had visited the site and was concerned with clean-up regarding the batteries and furniture stored outside. . Commissioner Eber ley questioned staff on the safety concerns relating to additional traffic that was raised at the last meeting. Steve Rohlf, Building and Zoning Administrator, stated that staff did look into the traffic concerns regarding the intersection of Lowell and 194th Avenue. A stop sign did go in at 194th. Chairperson Johnson stated that she was also concerned with this request especially when there was so much concern from the public. There has been a recurring concern with the traffic from the previous conditional use permit. She was in agreement with Commissioner Bischoff that there is concern that the Assembly of God Church has not been in compliance with their existing conditional use permit. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE CONDITIONAL USE PERMIT FOR A 59 CHILD DAYCARE FACILITY BY ELK RIVER ASSEMBLY OF GOD CHURCH AT 11800 196TH AVENUE SITING THE MINUTES OF THE NOVEMBER 1990 MEETING ALONG WITH STAFF'S COMMENTS IN THEIR APRIL 17, 1991 MEMO. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Eberley would like to encourage the applicants to comply with their previous conditional use permit. Commissioner Bischoff supported Commissioner Eberley's comment. 7. Consider Conditional Use Permit (Solid Waste Facility Proposal) by Elk River Landfill/P.H. . Steve Rohlf, Building and Zoning Administrator, stated that the Planning Commission will be acting on the renewal of the conditional use permit for the Elk River Landfill. The original permit was approved Planning Commission Minutes April 23, 1991 Page 5 . in 1988. The City Council will also be considering a license renewal for the landfill. When the original permit was issued, the issues centered around what should take place at the landfill. The renewal centers more on the timing of those activities. There are two outstanding items left: 1) Final cover on the north slope of the original cell. Staff would like to see this happen as soon as possible. 2) The remedial investigation being concluded so a feasibility study and implementation of remedial actions can follow as soon as possible, as to intercept contamination leaving the site. Matt Ledvina, Bruce A. Liesch Associates, Inc., introduced the timing issues. Staff is in agreement with the Landfill on the timing of the tasks except remedial investigation and final cover on the north slope of the original landfill site. Mr. Ledvina stated that the Landfill should go ahead with the remedial investigation as the landfill has received all the approvals that are necessary from the City and MPCA. He stated that there are no technical reasons to delay the series of tasks by a year. Staff feels it's important that the final cover be applied as soon as possible to prevent contamination from occurring. . Chris Kreger of the Elk River Landfill, explained his time table. He stated that Mr. Rohlf and Mr. Ledvina requested some type of schedule that could be inserted into the conditional use permit and license for the Elk River Landfill. Mr. Kreger contended that he could not meet staff's time frame for the remedial investigation because of financial reasons. Mr. Kreger further stated that the final cover situation has to do more with physical constraints rather than financial constraints. They are trying to work with an adjacent property owner to the north to obtain a portion of his property in order to modify their slope to meet current regulations. Mr. Kreger responded to the "what if" clause in staff's memo. He felt this type of penalty on the facility would not get the project done any faster. He stated that he was going to make every possible effort to meet the time table. It is very difficult to budget for these types of things. Steve Rohlf addressed the "what if" clause. He stated the "what if" clause includes no new businesses being allowed, no co-disposal being accepted, and no contaminated soils being accepted if the time frame is not adhered to without good cause. Mr. Rohlf distributed a letter from Mary Wenck, Solid Waste Officer for Sherburne County, stating that the County staff is in agreement with staff regarding the issues identified as being critical. Mr. Rohlf stated that he would like Ms. Wenck's letter to be entered into the public record. . Peter Beck, City Attorney, explained that the "what if" clause was staff's attempt to find a solution short of revoking the conditional use permit. There has to be some way of enforcing the terms of the conditional use permit. The intent is to encourage the Elk River Landfill to devote more of its resources to addressing these environmental issues faster. . . . Planning Commission Minutes April 23, 1991 Page 6 Chairperson Johnson opened the public hearing. Victoria Kreger suggested that possibly a better approach would be a positive incentive rather than an negative incentive in order to get a better response. Peter Logas of 11380 192nd Ave, stated he was impressed with the Landfill's efforts regarding environmental concerns. Chairperson Johnson closed the public hearing. The Planning Commission discussed the time frame issue. Commissioner Eberley did not like the idea of shutting down the facility if they were in violation of the conditional use permit. She stated that she would like to look for a more positive way to achieve the City's goals rather than shutting the landfill down. Commissioner Bischoff stated he would like to see a periodic pick up along Highway 169 similar to that of NSP. Ms. Kreger stated that this has been done on a continuous basis but they were having difficulty hiring people for the job. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT RENEWAL FOR THE ELK RIVER LANDFILL, INC. SITING STAFF'S MEMO, DOCUMENTATION PROVIDED BY THE ELK RIVER LANDFILL, AND COMMUNICATIONS FROM THE CITY'S ENVIRONMENTAL STAFF, INCLUDING STAFF'S RECOMMENDATIONS WITH THE EXCEPTION OF #2. REPLACE #2 WITH: THAT THE CITY COUNCIL AND STAFF WORK TOGETHER WITH THE ELK RIVER LANDFILL TO ACHIEVE POSITIVE INCENTIVES FOR ACHIEVEMENT OF THE TIME TABLE RATHER THAN NEGATIVE INCENTIVES ALSO THAT THESE ADDITIONAL STIPULATIONS BE ADDED: 1. THAT THEIR BE LITTER PICK-UP ALONG HIGHWAY 169 AS NEEDED BUT AT A MINIMUM OF TWICE A MONTH, WEATHER PERMITTING 2. THAT THERE BE TRUCK CLEAN-UP PRIOR TO TRUCKS LEAVING THE ELK RIVER LANDFILL SITE. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Schroeder did not agree with changing stipulation #2. He stated he did not have any problem with the "what if" clause. A short recess was taken at this time. 9. Consider Conditional Use Permit by Joe Nathe {Mobile Home)P.H. Steve Rohlf, Building & Zoning Administrator, introduced this item. He stated that Joe Nathe of Riverside Farms located at 15238 Adams Street is requesting a conditional use permit to allow a temporary mobile home on his 56 acre parcel in the R-la zone. Mr. Nathe is requesting to have the mobile home for approximately 5 years to house his seasonal workers. Mr. Nathe is consistent with our ordinance except for the one criteria that the mobile home will not be used by a member of the farm . . . Planning Commission Minutes April 23, 1991 Page 7 family. Staff is recommending approval as the seven standards for a conditional use permit can be met with request. Chairperson Johnson opened the public hearing. Joe Nathe stated that he has owned and operated Riverside Farms for the last 10 years. The site that the mobile home will be located on was formerly the site of an existing farm house which burned down. Mr. Nathe explained that he needs the mobile home for his farm workers. He stated that one of his workers who runs the irrigation system has worked for him since the 8th grade. This worker lives in Minneapolis and is needed at the farm on a full-time basis. The other workers will be coming in May. These workers are only seasonal and will also share the house with his full-time worker. Mr. Nathe explained because of financial reasons he could not rebuild at this time. Chairperson Johnson closed the public hearing. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR A TEMPORARY MOBILE HOME BY JOE NATHE OF RIVERSIDE FARMS SITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO ALONG WITH THE STIPULATIONS. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Consider Ordinance Amendment/Section 900.1~chedule of pjmensionaL Re~ulationJLJl~-4 Density) by John Weicht/P.6~ Steve Rohlf, Building and Zoning Administrator, stated that the request is to increase the City's current density standards for multifamily uni ts. The City recently decreased their density from 22 units per acre to an average of 13.4 units per acre. The reason for the decrease was that the City felt 22 units per acre was too dense according to the Growth Management Plan. Staff developed a compromise as suggested by the Planning Commission of 16 units per acre with 1 acre of open space required excluding required yard areas and a minimum width dimension of 150 feet. Chairperson Johnson opened the public hearing. John Weicht stated that he was not in favor of the open space not being within the setbacks. However, he was in agreement with staff that more open space is needed for apartments in Elk River. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF THE ORDINANCE AMENDMENT TO SECTION 900.18 "SCHEDULE OF DIMENSIONAL REGULATIONS." COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Eberley was opposed as she would like to see the City stay with the original ordinance to see how it works. 11. Consider Si~n R~uest by Gary Santwire Planning Commission Minutes April 23, 1991 Page 8 . Gary Schmitz, Recycling Coordinator, addressed this item. He stated that the applicant is before the Planning Commission to request that his sign for an office/retail building, which is in a PUD, meet the new standards for the C-3 zoning district. At the time of site plan review, a 64 sq. ft. freestanding sign was the maximum allowed. Under the current C-3 zoning Mr. Santwire would be allowed a total of 110 sq. ft. for a freestanding sign. Staff is recommending approval only if other new areas of the code (such as landscaping) are also enforced. Chairperson Johnson asked what the original intent of the PUD in that area was. Mr. Schmitz stated that the rational for that area becoming a PUD was to accommodate a mixed use in the area. Chairperson Johnson questioned what would that area look like if that area has been developed according to the C-3 standards. Mr. Rohlf stated that a couple buildings have no frontage on a public road which is a requirement in a C-3 zone. Gary Schmitz suggested they allow the proposed freestanding sign under the current C-3 zoning if other revised areas of the code are also enforced such as landscaping. Mr. Santwire stated that his request is for signage not a site plan review. . After some discussion on this issue, the Planning Commission suggested treating this request the same as a C-3 zoning request because the area is consistent with other C-3 zoning districts in the area. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL TO ALLOW THE SIGNAGE TO MEET THE CURRENT C-3 ZONING REGULATIONS. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 12. Cons~der Amendment to Conditional Use Permit (Billiards Hall) by ~llaire Wilson (Player's Club)P.H. Janelle Szklarski, Zoning Assistant, indicated that Allaire Wilson (Player's Club) is requesting that their conditional use permit be amended so that the hours of operation can be extended beyond 1:00 a.m. The reason for their request is that other communi ties in the area allow billiard halls to remain open beyond 1 :00 a.m., therefore, they feel they are losing some of their customers to neighboring cities. Chairperson Johnson opened the public hearing. . Mr. Wilson submitted a list of billiard halls from the yellow pages of surrounding cities. These were entered into the public record. Mr. Wilson stated that all he was asking for was an extension of the hours of operation on certain nights as most nights they were closed by 11:00 p.m. He stated this was essential for his business. Ms. Szklarski, stated that staff's main concern with this request is that it may attract a clientele which is leaving the bars after closing. Staff is recommending denial of the request to extend the Planning Commission Minutes April 23, 1991 Page 9 . hours after 1:00 a.m. because the request is not consistent with the seven standards for a conditional use permit. She further stated that an ordinance amendment would be needed if this request is approved. Carol Mills, Guardian Angels, stated her concerns regarding this issue. She stated that she was here on behalf of the Board of Directors and was asked to address a number of issues. Ms. Mills explained that the nursing home is changing with a different type of clientele. They have many very ill patients including patients who have just recovered from surgery, and terminally ill and rehabilitation patients who need their sleep and rest. They feel that this request violates standards #1 and #5 of the Elk River City Code because of the excessive noise and the detrimental affect on the use and enjoyment of their property. Tim O'Brien, Administrator of the Guardian Angels Nursing Home, explained that his job was to see that the patients are well cared for. He did not feel that this type of business was good for the type of residents at the nursing home. Extending the hours of operation would increase the likelihood that their patients would not get the rest they needed because of the excessive noise. The north wing abuts the PUD. They plan on adding on in the future which would bring them even closer to the billiard hall. . Steve Rohlf, Building & Zoning Administrator stated that with the original request, the previous owner was aware that this was a sensitive area and understood the rationale behind the 1:00 a.m. closing time. Chairperson Johnson closed the public hearing. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE CONDITIONAL USE PERMIT REQUEST BY ALLAIRE WILSON (PLAYER ' CLUB BILLIARDS) BECAUSE IT IS NOT CONSISTENT WITH THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT, SITING STAFF'S MEMO DATED 4/15/91. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 6-0. The applicants stated that they were withdrawing their request at this time. 13. Consider Variance Request (Parkin~) By Larry Hickman {Furniture & Thin~s)/P.H. . Janelle Szklarski, Zoning Assistant, addressed this request. She stated that Mr. Hickman is requesting a variance on the number of parking stalls required for his furniture store located at 16820 Highway 10. According to the City's ordinance he would be required to have 70 parking stalls. The applicant is requesting a variance to reduce this number to forty-seven. She stated that there is a lot of room towards the rear of the property where this amount of parking could be accommodated. Chairperson Johnson opened the public hearing. . . . Planning Commission Minutes April 23, 1991 Page 10 Larry Hickman gave some background information on his business and how it related to other retail businesses in regards to parking requirements. He felt parking requirements should be broken down into types of retail businesses. Mr. Hickman felt that the furniture business does not generate as high a volume of customers as other retail uses do . John Weicht stated that he was sure that the residents located behind the furniture store would rather look at green space than a parking lot that is not being used. Larry Toth felt that the ordinance was too restrictive in asking for that many parking stalls for this type of business. Ms. Szklarski stated that staff does not feel that a hardship has been shown and is recommending denial of the variance request. Ms. Szklarski, felt Hickman's case was more conducive to an ordinance amendment rather than a variance. Chairperson Johnson closed the public hearing. Peter Beck, City Attorney, stated that a better course of action would be an ordinance amendment to recognize the different types of retail uses. The Planning Commission was in agreement. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST BECAUSE IT DOES NOT MEET THE FIVE STANDARDS FOR A VARIANCE, BUT RATHER PURSUE AN ORDINANCE AMENDMENT. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Rohlf, Building and Zoning Administrator, stated that the City would initiate an ordinance amendment upon recommendation from the City Council. Mr. Rohlf stated that staff would not have a problem with Mr. Hickman beginning construction with the understanding that Mr. Hickman meet the ordinance as amended. 14. Conside~Variance R~Quest (Si~nage) by Elk River How-To-Hardware/P.H. Janelle Szklarski, Zoning Assistant, stated that Elk River How-To-Hardware, represented by Dave Plude is requesting a sign variance for the occupants of the Main Street Mall. The variance is in regards to the number of wall signs per occupant not the size of the individual signs. Mr. Plude felt they had a hardship because their building faces two major streets; Highway 10 on the back side and Main Street on the front. He stated that there are other buildings in the C-l zone that have double frontage particularily those on the north side of Main Street. Janelle Szklarski stated that if the Planning Commission felt Mr. Plude's request for a variance is not a hardship situation, the Planning Commission may want to consider an ordinance amendment. Planning Commission Minutes April 23, 1991 Page 11 . After discussing this issue, the Planning Commission felt that there were other businesses in the C-1 district with similar circumstances that would benefit from an ordinance amendment. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST BECAUSE THEY FELT THE VARIANCE FOR SIGNAGE FOR ELK RIVER HOW-TO HARDWARE DID NOT MEET THE FIVE STANDARDS SITING STAFF'S MEMO, BUT RATHER TO AMEND THE ORDINANCE. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 6-0. A short recess was taken at this time. 15. Consider Zone Chan~e ReQuest By Jerry Hagen (From PUD to C-3/Highway Commercial) P.H. Steve Rohlf, Building & Zoning Administrator, stated that Mr. Hagen of 800 Freeport Avenue is requesting a zone change from Planned Unit Development (PUD) TO C-3/Highway Commercial. He stated that this property was part of the Focus Area Study "B" adopted by the Ci ty in July, 1990. The study identifies the land use of the western half of the property as commercial and the eastern half as residential. . Mr. Rohlf stated that the petitioners have the right to have their original request considered. However, staff is recommending denial because their request proposes property identified on the land use map as residential be zoned commerical. Staff is proposing a compromise to the boundary line proposed by the petitioner, which Mr. Rohlf pointed out on the site plan, to protect the woods, environmental waters and gives maximum screening for the houses to the east from the commercial to the west. Chairperson Johnson opened the public hearing. Peter Logas of 11380 192nd, felt this was a sensitive area and he would 1 ike to see it maintained as a PUD. Mr. Logas asked what type of development would be allowed in the C-3 zoning district. Chairperson Johnson read the Statement of Purpose for the C-3/Highway Commercial zone and also the permitted, accessory, and conditional uses. Mr. Logas was further concerned with the additional traffic because of the density of children in the area. Jim Reiners of 11393 192nd Ave, stated he would also like to see the area stay a PUD because of the sensitivity of the area. Mrs. Harris of 11357 192nd Ave, stated that had the property been zoned C-3 at the time they purchased their home, they would not have moved into the area. The reason they moved into the area was because of the wooded lots, and peacefulness of the area. Mrs. Harris would like to see this parcel stay a PUD. . Jerry Zeise of 11331 192nd stated, that he would also like to see the parcel remain a PUD. Mr. Zeise felt the public had more input if the parcel were to remain a PUD rather than C-3/Highway Commercial. . . . Planning Commission Minutes April 23, 1991 Page 12 Larry Toth of 813 Fawn Road, felt that zoning a parcel for a specific use was better than a PUD as t.here can be a lot of problems with a PUD. He used Barrington Hills as an example where the public was tired of attending public meetings whenever someone wanted something changed. Commissioner Schroeder agreed that some of the PUD's were not developed correctly. He stated that zoning a parcel PUD doesn't keep it from becoming commercial. A PUD can be a higher density commercial than a C-3 zoning. Chairperson Johnson closed the public hearing. A good deal of time was spent by the Planning Commission and staff addressing the public's concerns regarding traffic flow, access, and how the site would be laid out. It was the general consensus of both the public and Commission that t.his was a sensitive area and should be protected. Peter Beck, City Attorney, suggested that if the Planning Commission were to recommend approval of the zone change they should attach a condition that the property be subdivided prior to the development. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE ZONE CHANGE REQUEST BY JERRY HAGEN FROM PUD TO C-3/HIGHWAY COMMERCIAL SO AS TO PRESERVE THE SENSITIVE AREA AS IDENTIFIED IN THE FOCUS AREA STUDY AND COMPREHENSIVE PLAN. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Bischoff was opposed to staff's recommendation and the Commission's recommendation because he felt there should be a line made up that would would protect a certain wooded knoll and still have C-3 zoning bordering Highway 169 and a PUD on the east side. He was in favor of Attachment #3 as proposed by staff. 16. Consider Conditional Use Permit (A~. Use) by David Barents/P.H. Gary Schmitz, Recycling Coordinator, stated that David Barents of 19101 Tyler Street is requesting a conditional use permit to have one horse on his 2-1/2 acre parcel. Mr. Schmitz felt the use was consistent with the rest of the area. Staff is recommending approval of this request as it meets the seven standards for a conditional use permit request. Chairperson Johnson opened the public hearing. David Barents stated that prior to buying their lot they talked to most of the neighbors about getting a horse and no one objected. David Burandt of 19188 Tyler Street stated he was not opposed to their request as he is surrounded by neighbors who also have animals. Chairperson Johnson closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY DAVID BARENTS SITING THE FINDINGS . . . Planning Commission Minutes April 23, 1991 Page 13 OF FACT ALONG WITH THE STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED 4/3/91. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER NADEAU MOVED TO CONTINUE THE PLANNING COMMISSION MEETING PAST MIDNIGHT. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. 17. Consider Conditional Use Permit (Accessory BuildinJ1:) by Charles NaiJ1: (Additional Accessory BuildinJ1:)/P.H. Janelle Szklarski, Zoning Assistant, stated that Mr. Naig is requesting a conditional use permit to allow an additional accessory structure 780 square feet in size to be constructed on his property located at 20701 Elk Lake Road, which consists of approximately 21-1/2 acres. Staff is recommending approval of the conditional use permit request as staff feels it meets the seven standards. Chairperson Johnson opened the public hearing. Mr. Charles Naig stated the reason for his another building that burned down recently. building for storage purposes only. request is to replace He would be using the Chairperson Johnson closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQ.UEST BY CHARLES NAIG FOR AN ADDITIONAL ACCESSORY STRUCTURE SITING THE FINDINGS OF FACT ALONG WITH THE TWO STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED APRIL 15, 1991. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 18. Consider Variance ReQuest (HeiJ1:ht of BuildinJ1:) by Church of St. Andrew/P.H. Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a variance for the height of a skylight on the new church which is to be located at the corner of Irving Avenue and 4th Street. Ms. Szklarski indicated that the Planning Commission had two options to consider; either approve the variance if they felt the applicant met the request or if the Planning Commission determined that the glass skylight is an ornamental tower, then no variance would be needed for the height restriction. Chairperson Johnson opened the public hearing. There being no one for or against the matter, Chairperson Johnson closed the public hearing. Steve Shirts and Larry Toth representing St. Andrew's Church felt because the skylight would have a cross on the top, it fits the defini tion of an ornamental tower and, therefore would not require a variance. The Planning Commission was in agreement. . . . Planning Commission Minutes April 23, 1991 Page 14 COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST BECAUSE THE PLANNING COMMISSION VIEWED THE SKYLIGHT AS AN ORNAMENTAL TOWER, THEREFORE, IT IS A NON-ISSUE. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 19. Consider Conditional Use Permit (New Cburch by Church of St. Andrew/P.H. This item was not reviewed by Ms. Szklarski because of the lateness of the meeting but was left open for discussion. Chairperson Johnson opened the public hearing. Larry Toth stated that they were in agreement with most of staff's recommendations except stipulations 2 and 4. Mr. Toth felt that the temporary classrooms were a separate issue and, therefore, should not be part of this process. Mr. Toth addressed the traffic issue of accessing off of Irving Avenue. He stated that they plan to have an exi t-only in this location because of the school and the large, old trees that would have to be removed. The church is in the process of trying to acquire the parcel of land to the east between Gates Avenue and the church property so that they would have an access off of Gates. Mr. Shirts felt that an access off of Irving Avenue would be detrimental to the children as the playground is in that area. Landscaping was also briefly discussed. Ms. Szklarski, stated that she had been out to the site and they do meet the landscaping requirements. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY ST. ANDREW'S CHURCH TO CONSTRUCT A NEW CHURCH FACILITY SITING STAFF'S MEMO REGARDING THE FINDINGS OF FACT INCLUDING THE FOLLOWING STIPULATIONS: 1. THAT NO VARIANCE IS NEEDED FOR THE HEIGHT OF A SKYLIGHT. 2. THAT THE PARKING LOT BE HARDSURFACED WITH CONCRETE CURB AND GUTTER. FURTHER, THAT THE NUMBER OF PARKING STALLS BE DETERMINED BY THE CITY COUNCIL. 3. THAT THE NINE STANDARDS FOR LIGHTING, AS SHOWN ON THE SITE PLAN, BE PROVIDED IN THE PARKING LOT. FURTHER, THAT THE STANDARDS BE INCREASED TO THREE FOOT CANDLES WITHIN THE LOT. 4. THAT THERE BE AN EXIT-ONLY OFF OF IRVING AVENUE. 5. THAT THE APPLICANT WORK WITH THE ELK RIVER MUNICIPAL UTILITIES IN RELOCATING THE ELECTRIC LINE. 6. THAT A CASH SURETY IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE REQUIRED FROM THE CONTRACTOR PRIOR TO OPEN CUTTING 4TH STREET. RESTORATION OF 4TH STREET SHOULD BE A MINIMUM OF 5 INCHES OF AGGREGATE BASE AND 2-1/2 INCHES OF BITUMINOUS. SAID RESTORATION SHOULD BE COMPLETED WITHIN 72 HOURS OF OPEN CUTTING. . . . Planning Commission Minutes April 23, 1991 Page 15 7. THAT LANDSCAPING BE PER CITY CODE. FURTHER, THAT THE APPLICANTS SCREEN TO THE HEIGHT OF 5 FEET WITH 80% OPACITY ALONG THE NORTH AND EAST SIDES OF THE PARKING LOT. 8. THAT THE FINAL DRAINAGE AND GRADING PLAN BE APPROVED BY CITY ENGINEER, TERRY MAURER. 9. THAT THE APPLICANT OBTAIN A DRAINAGE EASEMENT FROM THE PROPERTY OWNER TO THE EAST FOR INSTALLATION OF A 20 INCH STORM SEWER PIPE AND THAT THE WIDTH OF THIS EASEMENT BE AT LEAST TWICE THE DEPTH OF THE PIPE. FURTHER, THAT IF AN EASEMENT CANNOT BE OBTAINED FROM THE PROPERTY OWNER, THAT THE APPLICANT WILL PROVIDE STORM SEWER PIPE TO 4TH AVENUE AND THEN EAST TO GATES AVENUE. 10. THAT THE DUMPSTER BE SCREENED TO AT LEAST THE HEIGHT OF THE DUMPSTER WITH MATERIALS THAT ARE ARCHITECTURALLY HARMONIOUS WITH THE BUILDING AND THAT THIS DUMPSTER AREA IS CAPABLE OF HANDLING RECYCLABLES. 11. THAT ALL SIGNAGE ON THIS SITE BE AS PER CITY CODE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 20. DisQussion Item!:? 1. JoinLPlanlLllliL CO.!!lJ!issio1L-& City Council f1~eti~lft1onday. April 29. 1991) at City Hall The Planning Commission had no problem with the date and time scheduled for the joint meeting. Chairperson Johnson stated that the Commission is requesting that no staff be present at the joint meeting. She also reviewed the topics to be discussed. 2. Report of Nat'l Conference Steve Rohlf gave a brief scenario of the National Conference in New Orleans. 3. 1991 State Plannin~ Conference Update Car pooling was discussed and the number of registrations. 4. June WorkshQQ The topic of discussion for the June workshop would be to continue the discussion on adult related business. 5. Tree Boar<L Gary Schmitz, Recycling Coordinator, stated that the Sherburne County Tree Board is forming a tree protection ordinance commi ttee. The board is asking each City to appoint or have someone volunteer to be on the committee to help draft a tree ordinance. Commissioner Spotts volunteered to be on the committee. . . . Planning Commission Minutes April 23, 1991 Page 16 6. Ll:OO P.M. Adjournment Ti~~ It was the general consensus of the Commission that they would like to see a shorter agenda so the meeting could be done by 11:00 p.m. The Commission suggested two meetings a month if the agendas continued to be this long. 7. OrdinaQy'~AmeDdment Discussion Because of the lateness of the meeting, it was decided that the ordinance amendment discussion would be discussed at a later date. 21. Ad.iolJrnment There being no further business, COMMISSIONER ADJOURN. COMMISSIONER SPOTTS SECONDED THE MOTION. 6-0. BISCHOFF MOVED TO THE MOTION CARRIED The meeting of the Elk River Planning Commission adjourned at approximately 1:00 a.m. i6f!ft:!!0; twL- Recording Secretary