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07-23-1991 PC MIN . . - . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, JULY 23, 1991 Members Present: Chairperson Johnson, Commissioners Schroeder, Spotts, Nadeau, Eber]ey, and VanValkenburg. Commissioner Eberley arrived at 7:20 p.m. Memhers Absent: Commissioner Bischoff Staff Present: Steve Rohlf, Building & 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 at 7:00 p.m. 2. Consider 7/23/91Plannin~ Commission A~enda Items 9.3, Workshop Discussion, and 9.4, Recycling Office Paper were added to the agenda. COMMISSIONER NADEAU MOVED TO APPROVE THE 7/23/91 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 6/25/91 Plannine: Commission Minutes .Janelle Szklarski, Zoning Assistant, stated that on Page 5, Item 9, the Linda Skolanski name was misspelled; should read "Sklenicka". COMMISSIONER SPOTTS MOVED TO APPROVE THE 6/25/91 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Plannine: Commission Representative to Attend the 8/19/91 City Council Meetine: It was indicated that Commissioner VanValkenburg would attend the 8/19/91 City Council meeting. 5. Consider Conditional Use Permit (Auto Repair Shop) by JR Tech Automotive/P.H. Steve Rohlf, Building and Zoning Administrator did not review his memo at this time, but rather opened up the item for questions and discussion. Chairperson Johnson opened the public hearing. James Rogness of JR Tech Automotive stated that the reason. they were relocating was because they needed more room. Mr. Rogness indicated that he had no problem with staff's recommendation as outlined in Mr. Rohlf's memo. t. . .......... . P. C. Mintues 7/23/91 Page 2 Mr. Rohlf reviewed that part of the site plan showing the western edge of the existing tar for Hudson Street which falls approximately 18 ft. into the E & 0 Tool property. He stated that with the tarred portion of Hudson Street infringing on the E & 0 Tool site, it is hard to create a green space on the east side of this site to buffer the adjacent park property. Mr. Rohlf stated that he had discussed this with Mr. Rogness who agreed to auger through the tar and plant five trees to help buffer the site from the park. Commissioner VanValkenburg felt that thi s was a sensitive area and there should he some visual break from the park. Commissioner Nadeau stated that he felt it was foolish to cut ho] es in the parking lot just to plant a few trees and thought the City should be more flexible regarding this area. Commissioner Nadeau did agree that this was a sensitive area and should be protected. Mr. Rohlf stated that Mr. Rogness is proposing to use concrete curb stop to separate the eastern most parking from the right-of-way of Hudson Street. The trees would serve as a visual separation from the parking lot. Chairperson Johnson closed the public hearing. Chairperson Johnson stated that she had a safety concern where the dri veway drops off by the Townmart convenience store as it is not clearly marked. It is hard to tell whel'e the driveway is located. Staff stated that they would have Terry Maurer, City Engineer, talk to MnDOT regarding this safety concern. COMMISSIONER VANVALKENBURG MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY .JR TECH AUTOMOTIVE FOR AN AUTO REPAIR SHOP CITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO ALONG WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PARKING AND DRIVE AREAS BE PAVED BY SEPTEMBER 30, 1993. 2. THAT ALL AREAS NOT DEVOTED FOR PARKING AND DRIVE OR BUILDING BE LANDSCAPED WITH AT LEAST GRASS. FURTHER, THAT 25 TREES BE PLANTED ON THIS SITE; 4 SPRUCE TO BE PLANTED ON THE WEST SIDE OF THE BUILDING TO SCREEN AN AIR CONDITIONING UNIT, 5 SPRUCE ON EAST SIDE OF THE SITE ADJACENT TO HUDSON STREET, AND ANOTHER 4 PLANTED ON THE WEST SIDE OF THE BUILDING TO SCREEN AN ELECTRICAL BOX. THE REST OF THE TREES TO BE LOCATED AT THE PETITIONER'S DISCRETION. 3. THAT ANY STORAGE OUTSIDE OF THE BUILDING TAKE PLACE WITHIN THE PROPOSED SCREENED AREA SOUTHEAST OF THE BUILDING. 4. THAT ALL APPROPRIATE BUILDING CODES BE MET. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. '. . - . P. C. Mintues 7/23/91 Page 3 6. Consider Variance ReQuest (Setbacks) bv Dennis Chuba/P.H. Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a variance which would allow a 150 ft. encroachment on the 200 ft. setback required from natural environmental waters. This request was originally requested in the summer of 1988. At that time the City Council approved the variance, however, Mr. Chuba did not utilize the variance within the required two year time frame. Chairperson Johnson opened the public hearing. Marilyn VanPatten indicated she was present on behalf of her husband Dennis Chuba. Ms. VanPatten stated that were planning to start building and they needed the variance to accommodate a house site. Chairperson Johnson closed the public hearing. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST (SETBACKS) BY DENNIS CHUBA ALONG WITH THE FIVE STIPULATIONS AS OUTLINED IN STAFF'S MEMO BASED ON THE FOLLOWING FINDINGS OF FACT: THAT THE TOPOGRAPHY OF THE LAND NAMELY THE HIGHER GR.OUND REING LOCATED CLOSER TO THE ORDINARY HIGH WATER MARK MADE IT DIFFICULT TO LOCATE A HOUSE WITHIN THE REQUIR.ED SETBACKS. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CAR.RIED 6-0. 7. Consider Ordinance Amendment/Section 900. 08/Definitions By The City of Elk Rivf!r/P.H. Chairperson Johnson opened the public hearing. There being no one for or against the matter, Chairperson Johnson closed the public hearing. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF THE ORDINANCE AMENDMENT TO SECTION 900.08 "DEFINITIONS". COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Consider Ordinance Amendment/Section 900. 12/Permitted. Accessory & Conditional Uses by District/P.H. Chairperson Johnson stated that you could have single family dwellings in a multifamily zone. After discussion, it was the consensus that home occupations should be allowed in the multifamily zones but only in single family dwellings. Home occupations in an apartment complex would be more intrusive than a home occupation in a single family home would bf!, as there would be only walls separating tenants. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF THE ORDINANCE AMENDMENT TO SECTION 900.12 "PERMITTED, ACCESSORY & CONDITIONAL USES BY DISTRICT" FOR BOTH HOME OCCUPATIONS AND FINANCIAL INSTITUTIONS WITH THE ADDED CHANGE THAT HOME OCCUPATIONS SHOUI,D BE ALLOWED IN THE MULTIFAMILY ZONES FOR SINGLE FAMILY HOMES. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. . '. . P. C. Mintues 7/23/91 Page 4 9. DISCUSSION ITEMS 9.1 Allowing Development in C-3. 1-1 and 1-2 Zones Prior to Extension of the City Services Steve Rohlf, Building & Zoning Administrator, stated that the City Council directed staff to present this issue to the Planning Commission to discuss whether commercial and industrial development should be allowed within the City sewer and water district prior to utilities being avaLlable. Mr. Rohlf stated that this item is for discussion only. The Planning Commission's comments will be passed on to the City Council in August. At that time the City Council may direct staff to initiate an ordinance amendment. Sheldon Vie stated that he concurred with Mr. Rohlf statement in his memo that it could be a number of years before City services are available so that they could develop thei I' property. He stated that they were very much interested in working out some limited development in the western area. He stated that we have been working on this for over five years and sewer and water still isn't any closer to being available. Dan Sipe of 16445 221st Ave., stated that he would like to build a Conoco store which consists of a quick lub, deli express, oil changes, tire service, and transmission service, also repair and sales. He stated that once businesses were started west of town, the City would see a lot more tax revenues. He felt that this would be a good move for the City to allow some limited development in this area prior to City sewer and water being available. They would be willing to hook-up to City sewer and water as soon as it is available. After some discussion on this item, it was the general consensus to allow limited development in the western area prior to City sewer and water being available based lIpon the following criteria: 1. Development of existing parcels only or limiting the number of new lots that can be created to one per forty acres. 2. That development be processed as a conditional use or interim use so that it can be determined that the use is not land intensive that would exclude City sewer in the future. 3. That the development would not require an extensive septic system and that the system was environmentally sound. 9.2 1992 Budget The Planning Commission discussed the 1992 budget and felt it was very workable. 9.3 Workshop Discussion for August. September. & October re . - . P. C. Mintues 7/23/91 Page 5 Chairperson Johnson stated that for the August workshop, staff has planned a historic mobile workshop, which would include a historic tour of the City by Steve Rohlf, Building & Zoning Administrator. Mr. Rohlf suggested that everyone meet at City Hall at 6:30 p.m. Chairperson .Johnson indicated that the topic of diRCllSS ion for the September workshop would focus on the adlllt-related land use moratorium or development in City sewer district prior to utilities being available. She stated the October workshop will be a joint meeting with the City Council; the discussion will focus on t.eam-building. Chai rperson .Johnson stated that she would like the Planning Commission's feedback on the Mission Stat.ement that was included with their packet. 9.4 Recycling Office Paper Commissioner Eberley suggested that the Planning Commission bring their packets back to City Hall for recycling. She suggested that this could be done on their workshop night. The remaining members were in agreement. 10. Adjournment There being no further business, COMMISSIONER SPOTTS MOVED TO ADJOURN. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 9:00 p.m. e' J!;rtw1V'7l;aLLu Sharon Maue Recording Secretary