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08-27-1991 PC MIN '. . ~,- . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, AUGUST 27, ]99] Members Present: Commissioners Nadeau, Spotts, Bischoff and VanValkenburg. Commissioner Eberley arrived at 7:05 p.m. Members Absent: Chairman Johnson and Commissioner Schroeder 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 at 7:00 p.m. 2. Consider 8/27/91 Plannin~ Commission Agenda COMMISSIONER VANVALKENBURG MOVED TO APPROVE THE 8/27/91 PLANNING COMMISSION AGENDA. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 7/23/91 Planning Commission Minutes COMMISSIONER SPOTTS MOVED TO APPROVE THE 7/23/91 MINUTES. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 3-1. Commissioner Bischoff abstained from the vote as he was not present for last month's Planning Commission meeting. 4. Planninlit Commission Reuresentative to Attend 9/]6/91 Citv Council Meeting It was indicated that Commi ssioner Bischoff would attend the 9/16/91 City Council meeting. 5. Consider Conditional Use Permit (Truck Repair) bv Metro Gravel. Ine./P.H. Steve Rohlf, Building & Zoning Administrator, stated that the applicant is requesting an amendment to their conditional use permit to allow truck repair as part of their conditional use permit. Mr. Rohlf reviewed the three stipulations that were altered from the original conditional use permit as outlined in his memo. Metro Gravel is asking for a revision on these three items. Staff feels that the seven standards for a condi tional use perm i t have been met, therefore, staff is recommending approval. Dennis Pi tts of Metropolitan Gravel stated that they had no problem with the stipulations as outlined in staff's memo. Vice Chair Nadeau opened the public hearing. No one appeared for or against the matter, Vice Chair Nadeau closed the public hearing. Discussion was held regarding the parking area. Mr. Pitts explained the reason the parking lot was moved was so the transports did not ~ . .~ - . Planning Commission Mintues August 27, 1991 Page 2 interfere with the driveway, street, or employee parking, and also to keep the gates clear. Commissioner VanValkenburg questioned whether this conditional use permi t would be brought back if they were to get complaints or have problems with the neighbors. Mr. Rohlf stated that if there were complaints and the original conditional use permit was not adhered to, they would have to come back for a public hearing at that time. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT BY METROPOLITAN GRAVEL AT 15683 JARVIS STREET FOR TRUCK REPAIR ON PREMISE IN ADDITION TO THE OPERATION OF A TRUCK TERMINAL BASED ON THE FOLLOWING FINDINGS OF FACT: 1) THE PROPOSAL WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY OR GENERAL WELFARE OF THE COMMUNITY 2) WILL NOT CAUSE SERIOUS TRAFFIC CONGESTION 3) WILL NOT BE DETRIMENTAL TO SURROUNDING PROPERTY VALUES 4) WILL COMPLY WITH ALL REQUIREMENTS OF THE ZONING ORDINANCE & COMPREHENSIVE PLAN ALONG WITH THE SEVEN STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED 8/2/1991. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Consider Zone Change PeU t.i oners/? H. (R-2B Reuuest C-3) to By Multiole Steve Rohlf, Building and Zoning Administrator, stated that John Weicht & Associates is coordinating this zone change with six property owners. All of the petitioners have agreed to the zone change request and have cosigned the application. They are requesting a zone change from R-2b/Townhouse and Multifamily Residential district to C-3/Highway Commercial district. Mr Rohlf reviewed the technical issues and land use issues relating to this request as outlined in his memo. Mr. Rohlf stated that the City Attorney, City consultants and staff feel that this is a good commercial site and recommend approval. There are concerns that need to be addressed if this property were to be rezoned commercial. Staff feels that they can adequately be addressed at the time a development proposal is submitted. Vice Chair Nadeau opened the public hearing. Roger Dickenson, 19101 Jackson Avenue was in favor of the zone change request as he felt it would be beneficial to the City. Dorothy Thompson, 8441 Irving Road, Bloomington, Mn., stated that she was one of the owners of the 17 acre parcel on the west side of Jackson Avenue. She stated that she was concerned with the use of the property and how it will affect the future development of her property. Mrs. Thompson further stated that they have no idea what the developers are plann ing to use the property for or whether or not they will protect the property along Jackson Avenue by leaving the trees and landscaping, etc. Mr. Thompson stated that she was strongly opposed to the zone change request. Mr. Rohlf stated that the Planning Commission has to consider the most intense use this zoning classification would allow. Mr. Rohlf reviewed . .. 1t Planning Commission Mintues August 27, 1991 Page 3 the permitted and conditional uses that would be allowed in the C-3/Highway Commercial district, if it were approved. Bill Nesheim, 2700 Hidden Creek Lane, Minnetonka, stated he was at the meeting to voice their opposition on behalf of Precision Arts, Inc., employee pension plan owners who own the majority of the property west of the affected property. He stated that changing the zoning would affect the salability of their property. This would affect the benefits of the pension plan owners who are mostly elderly people. He further stated that single family homes would be more suitahl e for the area. This zone change will greatly affect the people who need the income from the sale of that property. He stated that they were strongly opposed to the zone change request. Vice Chair Nadeau closed the public hearing. Commissioner Eberley was concerned with the preservation of trees on the six parcels. She asked staff what the landscape ordinance states as far as preservation of trees. Mr. Rohlf stated that the landscape ordinance tries to save existing trees by giving credit towards the tree planting requirements. He stated that there is a large amount of oak wilt in this area which would have to be removed. Mr. Rohlf further stated that both the R-2b and C-3 zoning is considered intensive development, therefore, a majority of the trees would have to be removed under either scenario. Commissioner Eberley stated that the zone change goes with the property ann not the people. She stated that she was concerned that there has not been any discussion regarding a PUD. Mr. Rohlf stated that the request is to consider C-3 zoning, not a PUD. Commissioner VanValkenburg stated that by looking at the map and how things have developed in Elk River, the property looks like it's best suited for commercial. He stated that he was sensitive to the possible negative affect on the values of the property from an investment standpoint. He felt that the abutting property values would be increased from an investors standpoint because of the step down in zoning. COMMISSIONER VANVALKENBURG MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE REQUEST BY MULTIPLE PETITIONERS FROM R-2B/TOWNHOUSES AND MULTIFAMILY RESIDENTIAL DISTRICT TO C-3/HIGHWAY COMMERCIAL. FURTHER THAT THE LAND USE MAP IS ALSO ADJUSTED TO REFLECT HB/HIGHWAY BUSINESS. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Eberley stated that she agreed with Commissioner VanValkenburg that it made sense that this property is best suited for commercial. She felt that this was highly visible property and needed some preservation as far as the quality of the development and the preservation of the rural image of the community. Commissioner Eberley further stated that she would like to see the property develop as a whole and felt it was impossible to guarantee it under the current proposal. She was further concerned with the preservation of the trees. . . . Planning Commission Mintues August 27, 1991 Page 4 7. Consider Conditional Use (G~Tee Tractor Sales) Bv Garv Gloullh/P.H. Steve Rohlf, Building and Zoning Administrator, stated that Mr. Clough is requesting a conditional use permit to allow tractor, farm equipment and limited car sales at 9945 Highway 10. Mr. Clough primarily deals in small tractors for hobby farm use and the implements to go with them. Mr. Rohlf explained the new site plan showing the improvements that would take place as presented by Mr. Clough. This new site plan was passed around for the commissioners' review and discussion. Vice Chair Nadeau opened the public hearing. Mr. Clough stated that one of the first businesses that people see as they come into Elk River would be this si te. They hope to change the image to a more positive rather than a negative image. Mr. Clough was in agreement with staff's recommendation as stated in Mr. Rohlf's memo. Ed Shimek of 9975 Hwy. 10, was concerned with the remainder of the property that was not being used for the tractor sales. He stated that his main concern was that the property look nice and clean and not junkie as it has been in the past. Mr. Clough stated that they had no p] ans to develop the additional property in the future. It is more important for their equipment to be in a secure fenced~in area. Vice Chair Nadeau closed the public hearing. Steve Rohlf, Building and Zoning Administrator, stated that if the Planning Commission chooses to approve this request, staff is recommending that a condition be added referencing attachment #1 (site proposal improvements) and also referencing the new site plan. Anything beyond this request would take an additional review as a public hearing for the expansion or an alteration to the conditional use permit. Mr. Shimek stated that he would like to see the additional acreage mowed because they have problems with rodents. Because he is in the nursery business, the rodents eat the bark, shrubs, roots, etc. which has become a real problem. Mr. Rohlf stated that a decision on the mowing of the additional property would have to be worked out between the two property owners. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY GARY CLOUGH IN THE C~3/HIGHWAY COMMERCIAL ZONE TO ALLOW TRACTOR, FARM EQUIPMENT, AND LIMITED NONAGRICULTURAL EQUIPMENT SALES AT 9945 HIGHWAY 10 BASED ON THE FOLLOWING FINDINGS OF FACT: 1) WILL NOT SERIOUSLY CAUSE TRAFFIC CONGESTION 2) WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY 3) WILL NOT SERIOUSLY DEPRECIATE SURROUNDING PROPERTY VALUES 4) THE REQUEST IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE AND COMPREHENSIVE PLAN. APPROVAL IS TO BE SUBJECT TO THE STIPULATIONS OUTLINED IN STAFF'S MEMO WITH AN ADDITIONAL STIPULATION Planning Commission Mintues August 27, 1991 Page 5 . REFERENCING ATTACHMENT #1 (SITE PROPOSAL IMPROVEMENTS) AND THE NEW SITE PLAN. ALSO THAT STIPULATION #2 BE AMENDED AS FOLLOWS: 2. THAT THE TRACTORS AND FARM IMPLEMENTS BE ALLOWED TO BE DISPLAYED ON GRASS AREA. NO MORE THAN TWO OTHER NONAGRICULTURAL VEHICLES SHALL BE ALLOWED ON THE LOT AT ONE TIME. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Consider Conditional Use Permit (Telephone Answerine: Servi eel Bv Paul Ouellette of Gemini Communications/P.H. Janelle Szklarski, stated that Mr. Ouellette was before the Planning Commission last fall to operate a telephone answering service as a home occupation. He was given a one year approval at that time. The only thing that has changed from his previous permit is that they have two less employees. Mr. Ouellete is applying for a renewal of this permit as he has been unable to find a new location for his business. Staff is recommending approval of this request with the same stipulations as his previous request, again with the same stipulation that he be given a one year approval. Vice Chair Nadeau opened the public hearing. . Mrs. Ouellette asked the Planning Commission to reconsider stipulation #5 regarding outside employees. She stated that their business was a 24 hour business which left Mr. Ouellette to work the night shift, seven days a week. Their daughter-in-law would be willing to help out wi th the night shift if the City would reconsider their stipulation regarding outside employees working after certain hours. Janelle Szklarski, Zoning Assistant, stated that they have not received any complaints regarding the Ouellette's business since last year. Vice Chair Nadeau closed the public hearing. Commissioner Eberley stated that she did not have a problem with the hours since the number of employees have been reduced. Commissioner Spotts felt that the City would be setting a precedent by allowing that number of employees while working from a garage. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE A TELEPHONE ANSWERING SERVICE BY PAUL OUELLETTE (GEMINI COMMUNICATIONS) LOCATED AT 19741 ULYSSES ST NW. WITH THE FOLLOWING STIPULATIONS: 1. THE GARAGE SHALL MAINTAIN ONE PARKING STALL FOR THE SOLE USE OF A VEHICLE. ,....... 2. THAT . KEPT 3. THAT FEET ALL MATERIALS AND EQUIPMENT ASSOCIATED WITH THE BUSINESS BE IN THE CONFINES OF THE HOUSE AND/OR GARAGE. THE APPLICANT IS PERMITTED ONE SIGN, NOT TO EXCEED TWO SQUARE IN AREA, MOUNTED FLAT ON THE OUTSIDE OF THE WALL. . . *"'" . Planning Commission Mintues August 27, 1991 Page 6 4. THAT THIS CONDITIONAL USE PERMIT BE LIMITED TO ONE YEAR FOLLOWING APPROVAL. 5. THAT ANY STRUCTURAL ALTERATIONS TO THE HOUSE OR GARAGE TO ACCOMMODATE THIS BUSINESS SHALL REQUIRE A BUILDING PERMIT. COMMISSIONER EBERLEY MOVED TO SECOND THE MOTION. THE MOTION CARRIED 4-1. Commissioner Spotts was opposed to the request because of his concern with the number of employees as it would be setting a precedent, and also because the business was being operated out of his garage. 9. Consider Conditional Use Permit (Greenhouse) Bv LeeRov and Kathrvn Kennedy/P.H. Janelle Szklarski, Zoning Assistant, indicated that LeeRoy and Kathryn Kennedy of 10205 201st Avenue are requesting a conditional use permit to operate a greenhouse business from their home. The Kennedy's own approximately 25 acres of land in the R-Ia zoning district. The applicants have no outside employees at this time, but have a desire in the future to add either one full-time or two part-time employees. Staff is recommending that they be allowed at least one full-time employee as our home occupation ordinance does allow that under a permitted home occupation. Ms. Szklarski stated that staff is recommending approval of the conditional use permit as they feel that the request meets the seven standards of a condi tional use permit and that it is consistent with the intent of the City's home occupation ordinance. Staff does, however, have a major concern with the three off-premise signs located at three different locations. The three signs are all nonconforming as they do not meet the requirements of the sign ordinance. Staff is requesting that these signs be removed. Vice Chair Nadeau opened the public hearing. There being no one for or against the matter, Vice Chair Nadeau closed the public hearing. Mr. Kennedy stated that there are at least four-201st Avenues in Elk River. He stated that people are not able to locate their business unless they are allowed to advertise. They were requesting that they be allowed some signage at least on a seasonal basis as this will be essential for their business. Steve Rohlf stated that by allowing would be setting a precedent and occupations throughout the City. The off-premise advertising in this zoning the off-premise opening it up current ordinance district. signs, the City to other home does not allow COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY KENNEDY GARDENS TO OPERATE A GREENHOUSE BUSINESS FROM THEIR HOME LOCATED AT 10205 201ST AVENUE CITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO ALONG WITH THE FOLLOWING STIPULATIONS: . . . Planning Commission Mintues August 27, 1991 Page 7 1. THAT ONE FULL-TIME EQUIVALENT EMPLOYEE BE ALLOWED. 2. THAT THE THREE OFF-PREMISE SIGNS BE REMOVED OR MADE TO BE IN COMPLIANCE WITH THE CURRENT SIGN ORDINANCE. 3. THAT THE HOURS OF OPERATION BE LIMITED FROM 9:00 A.M. TO 9:00 P.M., MONDAY THROUGH SUNDAY. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. 10. Consider Conditional Use Permit (Cab Business) by Robert Chasteen/P.H. Janelle Szklarski, Zoning Assistant, indicated that Robert Chasteen of 19038 Meadowvale Road is requesting a conditional use permit to operate a cab business as a home occupation in the R-lc zoning district. Staff is recommending approval of this request as staff feels that it does Dleet the seven standards of the conditional use permit and is consistent with the intent of the home occupation ordinance. Mrs. Szklarski stated that staff has received some complaints regarding the appearance of Mr. Chasteen's property because of the numerous vehicles parked on site. Staff has talked with Mr. Chasteen about the problem and he has agreed to clean it up. Vice Chair Nadeau opened the public hearing. Ms. Szklarski stated that she did receive a call in favor of Mr. Chasteen's cab business. Eugene Nelson indicated he was in favor of the request as he felt this was a good business because it got people off the road when they were drinking. John Weicht stated he had no problem with the cab business, but was in favor of seeing the property cleaned up. Robert Schwappach of 13002 Island View Drive, stated that if it wasn't for Mr. Chasteen's light on his car, one would not know he ran a cab business and he was in favor of the request. He also stated he would like t() see the site cleaned up. Robert Chasteen questioned why he had to remove all junk vehicles when the ordinance allowed two. Mr. Rohlf responded that because this is a conditional use, stricter provisions could be enforced. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE A CAB BUSINESS BY ROBERT CHASTEEN CITING THE SEVEN STANDARDS WITH THE STIPULATIONS AS OUTLINED IN STAFF'S MEMO. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. ~. '. ;t~ . Planning Commission Mintues August 27, 1991 Page 8 11. Consider Conditional Use Permit (Accessory Buildin~) by Jeffrey Sohns/P.H. Janelle Szklarski, Zoning Assistant, indicated that the applicant (Jeffrey Sohns) is requesting a conditional use permit to construct a 2,400 sq. ft. metal skinned nonagricultural accessory building on his property located at 20849 Concord Street. The applicant has indicated that the building would be used solely for the storage of vintage cars. Staff is recommending approval of the request as they feel the request is consistent with the seven standards for a conditional use permit. Vice Chair Nadeau opened the public hearing. There being no one for or against the matter, Vice Chair Nadeau closed the public hearing. Mr. Sohns was present and indicated he had no problems with staff's recommendations. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR A 2,400 SQ. FT. METAL SKINNED NONAGRICULTURAL BUILDINGS BY JEFFREY SOHNS LOCATED AT 20849 CONCORD STREET CITING THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT WITH THE THREE STIPULATIONS AS RECOMMENDED BY STAFF. ALSO THAT STIPULATIONS #3 BE AMENDED AS FOLLOWS: THAT NO REPAIR OF VINTAGE CARS SHALL TAKE PLACE IN THE NEW BUILDING. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. Vice Chair Nadeau welcomed the visiting commissioners from Big Lake Township at this time. He further indicated that they were welcome to attend any of their future workshop meetings. 12. Consider Zone Chan~e ReQuest (R-3 to I-2) Bv the Citv of Elk River/P.H. Steve Rohlf, Building & Zoning Administrator, stated that the City initiated this zone change request from R-3/Multifamily Residential to I -2/Medium Industrial because something got mixed up in the City's record keeping in 1982. Two businesses that would be affected by this zone change would be (Boyd's Cabinet Shop and Contour Mold, Inc). The assessments for the improvements on Proctor Avenue raised questions as to what zone these parcels lie in. Vice Chair Nadeau opened the public hearing. Mr. George Adamski felt that it was time to get the zoning of these parcel s cleared up. He stated that he was issued a building permit as industrial and also they were issued a variance on setbacks for an addi tion to their cabinet shop as an industrial use, and therefore, felt the parcels should be rezoned to industrial. Vice Chair Nadeau closed the public hearing. . . - . Planning Commission Mintues August 27, 1991 Page 9 Mr. Rohlf also felt that because they are an industrial uses, Staff is recommending approval of the zone change request. Staff is also recommending that the land use map is amended to MI/Medium Industrial for those parcels that get rezoned to industrial. The general consensus of the Planning Commission was that in the near future the rest of the parcels were also going to be rezoned to industrial or commerical because of the industrial uses in the area, and therefore, felt that it should be rezoned industrial. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE REQUEST FROM R-3/MULTIFAMILY RESIDENTIAL TO I-2/MEDIUM INDUSTRIAL CITING STAFF'S MEMO DATED JULY 29, 1991. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 13. Preliminary Comments Re~ardinl the Fraternal Order of the Ealles for a Possible Expansion of Their Lodle Vice Chair Nadeau stated that he was a member of the Eagles, but felt that this was not a conflict of interest. Steve Rohlf, Building & Zoning A'dministrator, explained that no formal action would be taken on this issue as it is only a concept review. The Eagles would like to expand but are having a difficult time finding a new location. Because of this, they are looking at expanding their site. The expansion would include an addition with covered walkway for handicap access, hardsurfaced parking area and landscaping. Jerry Putnam from LHB Engineers and Architects explained their plan for the expansion of the Eagles. Their one major stumbling block would be that the site can not accommodate the amount of parking that would be required. Mr. Putlnan explained that they were proposing to get an agreement with Napa Auto Parts to share parking with them on the off hours. Eugene Nelson stated that they had a signed document from Napa Auto Parts that he was in agreement with the parking arrangement. Mr. Rohlf explained the three zoning issues that would affect this proposal if they were to expand. He also felt that parking was the most critical issue as the lot would not accommodate all the parking if they were to expand. The property would also need to be rezoned to either C-l or C-3 which can accommodate lodges. Larry Ebert of Elk River Machine felt they would not have proper drainage and all the excess water would run toward their lot. Mr. Ebert was further concerned with the cross parking agreement. He felt that this could be a real problem if the property were to be sold as the new owners might not agree to the shared parking. Steve Rohlf stated that it would have to be an agreement that is not terminable except by the City. Joint parking agreements are records that run with the land in favor of the City. . . '. Planning Commission Mintues August 27, 1991 Page 10 Mr. Ebert that this type of agreement could make the land worthless in the event that they would want to sell. Janelle Szklarski, Zoning Assistant suggested zoning the parcel to PUD which would give them some flexibility. Commissioner Spotts stated that he was opposed to rezoning of this parcel to either C-1 or C-3 as it would create an island and would be continuing a non conforming use. Commissioner Spotts felt there were other options such as relocating. Mr. Eugene Nelson a member of the Eagles, stated that they had checked out a number of si tes, but the choice lots were too expensive. Mr. Rohlf stated that staff would like to work with the Eagles prior to the September City Council meeting to see if staff could help identify some sites for possible relocation. 14. Adjournment There being no further business, COMMISSIONER EBERLEY MOVED TO ADJOURN. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at approximately 10:37 pm. 1h~:; ;;:d. Sharon Maue Recording Secretary