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06-25-1991 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, JUNE 25, 1991 Members Present: Chairperson Johnson, Commissioners Schroeder, Spotts, Eberley, Nadeau, Bischoff and VanValkenburg Members Absent: None Staff Present: Steve Rohlf, Building and Zoning Administrator; and Janelle Szklarski, Zoning Assistant 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 6/25/91 Plannin~ Commission A~enda Item 12.5 "Informational Items" was added to the agenda. COMMISSIONER EBERLEY MOVED TO APPROVE THE 6/25/91 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 6/25/91 Plannin~ Commission Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE PLANNING COMMISSION MINUTES. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Schroeder arrived at this time (7:05 p.m.). 4. Plannin~ Commission Representative to Attend the 7/15/91 City Council Meeting It was indicated that Chairperson Johnson would attend the 7/15/91 City Council meeting. 5. Consider Conditional Use Permit (Warehouse/Shipping Business) by Cre~ Dance/P.H. Steve Rohlf, Building & Zoning Administrator, stated that the applicant (Creg Dance) is requesting a conditional use permit for a warehousing/shipping business which would consist basically of the distribution of nuts and bolts with related sales. Warehousing is a conditional use in the the C-3 zone. Chairperson Johnson opened the public hearing. Creg Dance explained that his business is a distribution business consisting of nuts, bolts and fasteners. Mr. Dance stated that the fastener industry is a broad term that is used for anything that is used to tie or connect things together. No chemicals would be involved with this business and also very limited retail sales. . . . P. C. Minutes 6/25/91 Page 2 Chairperson Johnson closed the public hearing. Commissioner Eberley felt that this was a good use in that location as it was starting to look like a business park. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR A WAREHOUSING/SHIPPING BUSINESS BY CREG DANCE SITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO ALONG WITH THE STIPULATIONS. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Consider Conditional Use Permit (Agr. Use) by Dan Tveite/P.H. Janelle Szklarski, Zoning Assistant, introduced this item. She stated that the applicant is requesting a conditional use permit to allow an agricultural use in the R-la zoning District. The use would involve the keeping of horses, chickens, goats and a pig on a 5-1/2 acre site. Staff is recommending that the applicant be limited to 3 horses, 1 pig, 2 goats, and 10 chickens on the site. This was based on MPCA's animal uni t equivalent formula which is shown in staff's memo. Staff was recommending approval of the request as Ms. Szklarski felt they met the seven standards for a conditional use permit. Chairperson Johnson opened the public hearing. Virginia Barnier was concerned with the applicant having a pig because of the odor. Chairperson Johnson closed the public hearing. Steve Rohlf, Building and Zoning Administrator, stated that for safety reasons he would like the fences to be adequate to contain the horses as it could be dangerous if the horses should get out onto the County road. COMMISSIONER VANVALKENBURG MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY DANIEL & ELIZABETH TVEITE (AGRICULTURAL USE) SITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO ALONG WITH THE FOLLOWING STIPULATIONS: 1. THAT THE APPLICANT BE LIMITED TO 3 HORSES, 1 PIG, 2 GOATS, AND 10 CHICKENS ON THIS SITE. 2. THAT THE AGRICULTURAL STRUCTURE BE SET BACK 300 FT. FROM ANY NEIGHBORING DWELLING OR PLATTED AREA. THAT THE FENCED-IN AREA BE SET BACK AT LEAST 200 FT. FROM ANY NEIGHBORING DWELLING. 3. THAT PROPER HOUSEKEEPING ACTIVITIES BE CONDUCTED ON THE SITE TO CONTROL ODOR AND DUST. 4. THAT WHEN THE EASEMENT FOR PUBLIC RIGHT-OF-WAY IS DEVELOPED IN THE FUTURE, THAT THE FENCE BE MOVED ACCORDINGLY. ALSO, THAT NO STRUCTURES BE PLACED IN EITHER THE ROADWAY EASEMENT OR THE UPA EASEMENT. . . . P. C. Minutes 6/25/91 Page 3 5. THAT THE FENCING BE ADEQUATE TO SECURE THE HORSES. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 7-0. 7. Consider Conditional Use Permi t (New School) bv Ind. School District #728/P.H. Steve Rohlf, Building and Zoning Administrator, stated that the Independent School District #728 is requesting a conditional use permit to allow a new elementary school to be located north of the Industrial Park . Mr. Rohlf explained the specifics of the proposal. He stated that one environmental concern associated with this request is a wetland that needs to be relocated. This relocation will require approval by the Army Corps of Engineers. Staff is recommending approval of the conditional use permit contingent upon the Army Corps of Engineers approving relocation of the wetland. Chairperson Johnson opened the public hearing. Richard Chambers stated that he owned property in front of the ball field and asked if the road was going to be continued passed the ball field. Rick Wessling, KKE Architects, Inc., stated that it was not their intent to continue the road in a paved manner. We would provide an appropriate curb cut and apron so you could use the westerly most access. Chairperson Johnson closed the public hearing. Steve Rohlf, Building & Zoning Administrator', stated that the Planning Commission could table this issue until a feasibility study is done concerning access and utili ties and also drainage details are worked out with the Ci ty Engineer. Staff did not feel this would be a problem. It was the general consensus of the Planning Commission also to go ahead with this request. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT (NEW ELEMENTARY SCHOOL) BY INDEPENDENT SCHOOL DISTRICT #728 SITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO DATED 6/18/91 AND WITH THE SEVEN STIPULATIONS IN STAFF'S MEMO ALONG WITH THE FOLLOWING ADDITIONAL STIPULATIONS: 1. THAT THE 10 FT. WIDE SIDEWALK REQUIRED BY THE FIRE CHIEF FOR EMERGENCY ACCESS BE EXTENDED TO GO AROUND THE ENTIRE SCHOOL. 2. THAT THE HARDSURFACED PLAY AREA NOTED ON THE SITE PLAN ALLOW EMERGENCY VEHICLES TO GET THROUGH THAT AREA. 3. THAT THE FEASIBILITY STUDY THAT WAS AUTHORIZED BY THE CITY COUNCIL REGARDING THIS REQUEST REVIEW EXTENSION OF SEWER AND WATER TO ADJACENT PROPERTIES BEYOND THE SCHOOL DISTRICT SITE AND CONSIDER TURN LANES AND BY-PASS LANES ON COUNTY ROAD 1 SO THAT BUSES DO NOT INTERFERE WITH TRAFFIC IN CONJUNCTION WITH SAFETY OF CHILDREN COMING AND GOING FROM THE SCHOOL. . . . P. C. Minutes 6/25/91 Page 4 COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 8. Consider Variance ReQuest (Si~na~e) by John Plaisted/P.H. Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a variance which would allow two freestanding signs to be combined into one sign to be placed on the east side of the building in order to gain visibility from Highway 169. She further stated that the applicants are requesting that the total footage of the freestanding signage be increased from 128 sq. ft. to 300 sq. ft. Ms. Szklarski addressed the five standards for a variance as well as her response to Mr. Plaisted's comment. Ms. Szklarski stated that staff does not feel that a hardship has been shown and is recommending denial of the variance request. Chairperson Johnson opened the public hearing. Todd Plaisted explained his requesting stating that there is a small clearing north of the their building where they propose to put the freestanding sign. Because of the row of trees along the bank, they were requesting to put the freestanding sign on that small clearing so they would not have to remove the trees in order for someone to see their sign. Mark Martin stated that Mr. Plaisted was doing a nice job of landscaping. Chairperson Johnson closed the public hearing. Chairperson Johnson reminded the Planning Commission that a hardship must be proven in order to approve the variance. Commissioner Nadeau stated that he felt the property was sensitive due to the location of the trees. He further stated that rather than cut down the trees he felt the freestanding sign would look better on the ground and away from the building in order to save the trees. He stated he was not in favor of the 300 sq. ft. freestanding signage, but was recommending 256 sq. ft. instead which would be in keeping with the ordinance. The Planning Commission was in agreement with Commissioner Nadeau. Mr. Todd Plaisted agreed to the compromise for a 256 sq. ft. freestanding sign. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST FOR A 300 SQ. FT. FREESTANDING SIGN BUT RECOMMENDED APPROVAL OF A 256 SQ. FT. FREESTANDING SIGN NOT TO EXCEED 15 FT. IN HEIGHT WITH THE CONDITION THAT THE WALL SIGNAGE BE LIMITED TO A TOTAL OF 128 SQ. FT. AND THAT NONE OF THE WALL SIGNAGE SHALL BE PUT ON THE EAST SIDE OF THE BUILDING BASED ON THE FOLLOWING FINDINGS OF FACT: 1. THAT THE LOCATION OF THE TREES ON THE EAST SIDE OF THE BUILDING MADE IT DIFFICULT FOR THE APPLICANT TO UTILIZE THE WALL SIGNAGE ALLOWED WITHOUT REMOVING THOSE TREES, AND THAT A FREESTANDING SIGN COULD BE PLACED WITHIN A SMALL CLEARING IN THOSE TREES TO GAIN . . . P. C. Minutes 6/25/91 Page 5 VISIBILITY FROM HIGHWAY 169. THE PLANNING COMMISSION FELT THAT THIS CREATED A UNIQUE SITUATION AND THAT THE PROPERTY WAS SENSITIVE DUE TO THE LOCATION OF THE TREES. 2. THAT PRESERVATION OF THE TREES IS A CITY-WIDE AND COUNTY-WIDE GOAL, AND THE ALLOWING A FREESTANDING SIGN WHICH WOULD NOT INVOLVE THE CUTTING OF THESE TREES WOULD BE CONSISTENT WITH THE SPIRIT OF THE ORDINANCE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 9. Consider Ordinance Amendment/Section 900.20/Home Occupations by the City of Elk River/P.H. Steve Rohlf, Building &, Zoning Administrator, Council has directed the Planning Commission ordinance and recommend changes, if needed. draft ordinance section by section and heard Planning Commission and the public. stated that the City to review our current Mr. Rohlf reviewed the comments from both the Chairman Johnson opened the public hearing. There were a number of people who raised concerns regarding this ordinance. Sandy Weicht stated that many home-based businesses are concerned about joining the Chamber of Commerce if the chamber in turn gives their name to the City or County so that they can be taxed higher. Linda Skolanski stated that they Ii ved next to a home based business and felt the business was interfering with the neighborhood. Jan Ouellette of 19741 Ulysses, felt that the statement in the ordinance about not having any equipment other than what is found in a dwelling was too restrictive and not very clear as sh~ felt most businesses require some kind of equipment that is not usually found in the home. Mr. Rohlf stated that he was referring to manufacturing equipment. Sandy Weicht concurred with Ms. Ouellette. Mrs. Weicht felt the ordinance was also too restrictive regarding outside employees. There are a lot of businesses that have one or two outside employees part time such as a bookkeeper. Thomas Christian of 10989 181st Ave. stated that their business requires at least two or three outside employees because of the type of business (Christian's Hair Fashions). Commissioner Spotts stated that he would like the ordinance re-written and brought back to the Planning Commission before it is passed on to Council. Commissioner Eberley stated that the people from the Home Base Business subcommittee who contributed information have not had an opportunity to P. C. Minutes 6/25/91 . Page 6 . receive this information. Commissioner Eberley stated that she was not comfortable making a recommendation because she did not (eel this had been talked through enough. Janelle Szklarski, stated that a copy of the memo and ordinance was passed on to the Home Base Committee chairman. Staff felt it should have been passed on to the other committee members. Sandy Weicht stated that, although she had some minor comments, overall the ordinance was well written and should not be tabled. Steve Rohlf stated that if the Planning Commission was not happy with the content they should table it. If they were happy, with the content, however, staff could incorporate the changes from tonights meeting and pass the ordinance onto the City Council. . Commissioner Johnson stated that she was not comfortable with the language regarding competition with business districts in the purpose section. She stated that land use is what we look at and what we write our ordinance about. I'm not convinced that land use involves preventing competition with business districts. Commissioner Johnson further stated that were talking about maintaining the integrity of an residential area and not worry about business competition. Steve Rohlf stated that his recommendation to the City Council would remain the same with the competition statement in the purpose section of this ordinance. Mr. Rohlf stated that he had reviewed this with the City's attorney, Tim Keane. After discussing this issue, the Planning Commission made three minor modifications to the draft ordinance which will be submitted in ordinance form and passed on to the City Council. The Planning Commission recommended the ordinance as written by staff with the following changes: 1. That the use of special equipment for manufacturing and repair would be removed from the prohibited activities section of the ordinance and be placed under the criteria for a permitted home occupation as an activity that is not allowed. Therefore, special equipment for manufacturing or repair could be allowed through a conditional use permit. 2. That the relating employees more than criteria in the permitted home the number of employees allowed to one employee. Thus making a one employee a conditional use home occupations section be changed from no home occupation with occupation. 3. The Planning Commission recommended that the wording in the "Statement of Purpose" that home occupations should not compete with business districts be changed to "home occupations not unfairly compete with business districts". . Commissioner Eberley stated that she would like the benefit of having legal council's comments on the ordinance. Commissioner VanValkenburg and Nadeau stated that they were satisfied wi th the content of the ordinance as presented. . . . P. C. Minutes 6/25/91 Page 7 COMMISSIONER NADEAU MOVED TO RECOMMEND APPROVAL OF THE HOME OCCUPATION ORDINANCE WITH THE CHANGES AS DISCUSSED AT THIS MEETING SUBJECT TO REVIEW BY THE CITY ATTORNEY. COMMISSIONER BISCHOFF SECONDED THE MOT ION. Steve Rohlf, Building and Zoning Administrator stated that the City Attorney agreed that this ordinance should be put into a separate section of the ordinance, but that he is waiting for legal opinion on whether or not a "scope of legal authority" is needed for this section. Mr. Rohlf also stated that this ordinance will trigger other ordinance amendments to the uses by district and the definition sections of the ordinance. Commissioner Eberley stated that she was concerned with the competition statement in the purpose section of this ordinance and would like the City Attorney to review this statement as to its relevance to land use pol icies. THE MOTION PASSED 7-0. 10. Consider Conditional Snetsin.e:er/P.H. (Dance Studio) Permit by Use Stacy Commissioner VanValkenburg excused himself from the table and the discussion at this time. (The petitioner is one of Mr. VanValkenburg's current tenants). Janelle Szklarski, Zoning Assistant, introduced this item by stating that the applicant is considering putting a dance studio in her home to be located at the corner of Quincy Street and County Road 33. She also stated that staff is recommending that the number of students be limited and the scheduling of classes be controlled so as to minimize the adverse affects of traffic in the area. Chairperson Johnson opened the public hearing. Stacy Snetsinger stated that her intention is not to expand her business when she moves into her home but rather to keep the numbers as they are now. She stated that many parents currently car pool, therefore, the traffic generated from this type of use is less than what staff estimated. She stated that she would like a minimum of 20 kids per day or 80 kids per week. Commissioner Eberley stated that she felt this use was compatible with the area as the housing is not very dense and also because County Road 33 was capable of handling this amount of traffic. Char Goth who works for the County Highway Department stated that she had spoken with the County Highway Engineer and he had stated that this amount of additional traffic on County Road 33 should not generate any problems or concerns. She also stated that she is a mother of dance students and frequently car pools children to the dance studio. . . . P. C. Minutes 6/25/91 Page 8 Commissioner Schroeder stated that he would not have a problem with allowing more than 12 students as staff had recommended. Chairperson Johnson questioned the applicant as to the number of students per class and the number of classes per day. The applicant stated that she never has more than 10 students per class and she only offers three classes per day. Chairperson Johnson stated that she would like to see an maximum of 30 students allowed per day. There being no further comment, Chairperson Johnson closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BY STACY SNETSINGER FOR A HOME OCCUPATION INVOLVING A DANCE STUDIO SUBJECT TO THE FOLLOWING STIPULATIONS: 1. THAT THE HOURS OF OPERATION BE LIMITED FROM 5:00 P.M. TO 9:30 P.M. ON WEEKDAYS AND FROM 9:00 A.M. TO 3:00 P.M. ON SATURDAYS AND THAT NO CLASSES BE HELD ON SUNDAY. 2. THAT NO OUTSIDE EMPLOYEES BE ALLOWED. 3. THAT SIGNAGE BE LIMITED TO A 2 SQ. FT. SIGN MOUNTED FLAT ON THE OUTSIDE WALL OF THE DWELLING. 4. THAT THE CLASSES BE SCHEDULED ONE-HALF HOUR APART FROM EACH OTHER TO FACILITATE SAFER TRAFFIC MOVEMENTS TO AND FROM THIS SITE. 5. THAT THE APPLICANT IS NOT ALLOWED TO HAVE MORE THAN 30 STUDENTS PER DAY. 6. THAT THE TREES ALONG COUNTY ROAD 33 REMAIN AS A BUFFER FROM OTHER RESIDENTIAL PROPERTIES IN THE AREA. 7. THAT THE APPLICANT PROVIDE ADEQUATE PARKING ON SITE, AND THAT NO PARKING TAKE PLACE WITHIN 15 FT. OF THE EDGE OF THE PAVED SURFACE OF COUNTY ROAD 33. 8. THAT THE APPROVAL OF THIS CONDITIONAL USE PERMIT IS CONTINGENT UPON APPROVAL OF THE ORDINANCE AMENDMENT REGARDING HOME OCCUPATIONS. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner VanValkenburg abstained from the vote. 11. Consider Zone Chan~e Request (1-1 to PUD) By the City of Elk River/P.H. Steve Rohlf, Building and Zoning Administrator, stated that Lion's Park currently is zoned 1-1 on the southern portion and PUD on the northern portion. He also explained that the underlying land use of the entire park is open space. He stated that the zoning designation pf 1-1 sends the wrong message that this park may someday be developed for . . . P. C. Minutes 6/25/91 Page 9 industrial purposes. Mr. Rohlf went on to say that in addition to involving Lion's Park, this zone change also involved Bud Houlton's property which is located immediately to the west of the park. This property is also zoned 1-1, but has an underlying land use of HR/High Density Residential. Mr. Houlton is seeking a zone change to PUD as it would allow more flexibility and possibly more density in this area. Chairperson Johnson opened the public hearing. Linda Sklenicka of 718 Jackson Ave., stated that she had understood from the notice that she received in the mail that this request was for more public housing. Mr. Rohlf responded that the Houlton parcel is designated for high density residential development but that the City does not get involved with the low income housing. Chairperson Johnson closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE ZONE CHANGE REQUEST SITING STAFF'S MEMO AS THE FINDINGS OF FACT. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION 7-0. 12. Consider Variance Request (Side Yard Setback) by Stephen Rohlf/P.H. Steve Rohlf excused himself from the table at this time and took his place in the audience. Janelle Szklarski, Zoning Assistant, introduced this item by stating that the applicant is requesting a variance on the side yard setback in order to accommodate a three-season porch and deck. She stated that at the time the house built a 5 ft. set back existed and the applicant had made improvements in the house relying on that setback. However, before the deck and three-season porch could be completed, the set backs had changed to 10 ft. She stated that staff is recommending approval of the request. Chairperson Johnson opened the public hearing. The applicant, Steve Rohlf, explained why he felt he met the five standards for a variance. Chairperson Johnson closed the public hearing. COMMISSIONER BISCHOFF TO APPROVE THE VARIANCE REQUEST BY STEPHEN ROHLF. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 7-0. 12.5 Informational Items Commissioner Eberley stated that she would like the minutes from the last workshop to be entered into the record. The discussion topic at the June workshop meeting involved the adult land use moratorium. Commissioner Eberley stated she would like staff to proceed with answering the questions presented in items A, Band C of those minutes. Steve Rohlf asked the Planning Commission if they had heard of the latest Supreme Court ruling which stated that prohibiting nude . . . P. C. Minutes 6/25/91 Page 10 dancing within the City limits would not be a violation of the first amendment. Discussion ensued regarding the adult related land use moratorium and the need to keep up with this proposed ordinance. Discussion also ensued regarding the August workshop. It was decided that it would be a mobile workshop with possibly a historic theme. 13. Adjournment There being no further business, COMMISSIONER ADJOURN. COMMISSIONER EBERLEY SECONDED THE MOTION. 7-0. BISCHOFF MOVED TO THE MOTION CARRIED The meeting approximately of the Elk River 1~ Planning adjourned Commission at anelle Szklarski Zoning Assistant