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09-24-1991 PC MIN . . .. MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, SEPTEMBER 24, 1991 Members Present: Chairman .Johnson, Commissioners Spotts, Eber ley, Schroeder, Bischoff, and Nadeau Members Absent: Commissioner VanValkenburg Staff Present: Stephen 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 9/24/91 Plannin~ Commission A~enda Chairman Johnson added Item C. to Item 11.5 "Discussion of the October and November workshops". COMMISSIONER BISCHOFF MOVED TO APPROVE THE 9/24/91 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider the 8/27/91 Plannin~ Commission Minutes Page 3, Item #6 - Add "Vice Chair Nadeau closed the Public Hearing." after the fourth paragraph. COMMISSIONER EBERLEY MOVED TO APPROVE THE 8/27/91 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. Chairman Johnson abstained from the vote as she was not present for last month's Planning Commission meeting. 4. Plannin~ Commission Representative to Attend the 10/21/91 City Council Meetin~ It was indicated that Commissioner Schroeder would attend the 10/21/91 City Council Meeting. 5. Preliminary Plat/Orono Hei~hts/John Plaisted/Public Hearin~ Janelle Szklarski, Zoning Assistant, stated that the applicant (John Plaisted) is requesting preliminary plat review for the plat of Orono Heights which consists of 11 single family lots. Ms. Szklarski briefly summarized her memo regarding the factors that need to be considered when approving the preliminary plat for Orono Heights. She explained that there is a new street within this plat (183rd Court). The Sherburne County Sheriff's Depar'tment and Elk River Police Department have reviewed the name of the street for the 911 emergency purposes. There is some concern regarding the name of this street as it is still within the old City limits. The name of this street may need to be changed to 2-1/2 Court. Staff is still reviewing whether to change all the addresses for the properties west of the dam or incorporate thi s -. . . Planning Commission Minutes September 24, 1991 Page 2 plat into the old address system. Ms. Szklarski asked for direction from the people who live in the area, if there were any objections to the City readdressing the area on the west side of the dam. Mrs. Carmon Pouliot stated that she was opposed to readdressing. Chairman Johnson opened the public hearing. Joe Pouliot of 207 York Avenue stated that he had concerns regarding traffic safety with the plat. Mr. Pouliot proposed Wl alternative site plan with the new street intersecting with Mississippi Road due to potential safety concerns with traffi c coming on to York Street. He further stated that he had some questions regarding drainage in the plat. Carmon Pouliot stated that there is a large hill at the intersection of 2nd Street and York Avenue on which kids in the neighborhood ride their bikes. She was concerned for their safety because it is difficult see around the corner after coming down the hill. Janelle Szklarski, Zoning Assistant, stated that Mr. Pouliot did come in and talk to staff about his safety concerns. Staff talked to Terry Maurer, City Engineer regarding his concerns and Mr. Maurer was going to review the safety issues again. As far as Mr. Pouliot alternative plan, staff does not feel it would be a safer route to have traffic coming onto Mississippi Road. This specific alignment was addressed at the concept review meeting. Mr. Pouliot felt the new road proposed in the plat was more of a safety concern than his alternative plan. Steve Rohlf, Building and Zoning Administrator, stated that this was specifically addressed at the concept review meeting. Staff felt that adding a third intersection in this location with the existing, confusing turning movements would create a real traffic hazard. Staff agrees with Terry Maurer, Ci ty Engineer, that the City should not add an additional intersection between the >>y>> on Mississippi Road and York Street. Mr. Pouliot asked who was going to guarantee him that he was not going to have additional sewer and water problems because of the plat. Mr. Pouliot was also concerned with the value of his home depreciating. Mr. Rohlf addressed his concerns stating that as far as storm l'un off in the area, the situation would improve because the new street will be upgraded with concrete curb and gutter and the plat will be upgraded to eliminate the run off towards Mr. Pouliot's area. He stated that Terry Mauer, City Engineer, was going to look at the safety issued one more time and pass his comments on to staff. Francis Schober of 18216 Albany Street NW, was also concerned with the drainage in the area especially in the event of a rain storm. Mr. Schober asked if there was going to be storm sewer in the area of 183rd Court. ~. . - . Planning Commission Minutes September 24, 1991 Page 3 Janelle Szklarski stated that there will be storm sewer in the street culvert between lots 3 and 4. There is a grading plan which will be approved by the City Engineer that carries the water to either the street or the pond and these areas are all protected by easements. Carmon Pouliot asked if the improvements will be part of the developer's cost or will the homeowners be responsible. Janelle Szklarski stated that the City Council will need to decide how to assess the properties for the trunk sewer lines. They must also decide if they want the developer to restore York Street to its original condition or if they want it upgraded. She stated that this will be spelled out in the developer agreement. Mr. Pouliot asked if he could find out what Mr. Maurer's comments were regarding his alternative plan. Mr. Rohlf stated that Terry Maurer has looked at the traffic concerns once, but would look at it again. Mr. Rohlf stated he would let Mr. Pouliot know what Mr. Maurer's response was prior to the City Council meeting. Staff is recommending to the Planning Commission that if Mr. Maurer feels there is a traffic safety hazard regarding this plat, that the plat would then need to be readjusted and brought back to the Planning Commission for review. Chairman Johnson closed the public hearing. Commissioner Spotts asked if they had looked at other alternatives for the street layout. Bill Christian representing Mr. Plaisted stated that they had looked at all alternatives with the City Engineer. This was the best alternative as far as drainage, safety, etc. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT FOR THE PLAT OF ORONO HEIGHTS ALONG WITH STAFF'S STIPULATIONS AS OUTLINED IN HER MEMO WITH THE ADDITIONAL STIPULATION THAT THE SAFETY ISSUE BE RESOLVED AT 2ND STREET AND YORK AVENUE, AND 183RD COURT AND YORK AVENUE. ALSO AN ADJUSTMENT TO STIPULATION NO. 6 TO INCLUDE THAT MR. POULIOT'S LOT BE CONSIDERED BEFORE THE BERM IS CONSTRUCTED, AND THAT IT BE CONSTRUCTED IN SUCH A WAY AS TO NOT INTERFERE WITH THE DRAINAGE OF MR. POULIOT'S PROPERTY. Chairman Johnson felt that the Planning Commission should look at things in a larger scope. She strongly recommended that when a road is scheduled for reconstruction in the future that the Planning Commission not think in terms of this plat only. Chairman Johnson felt that this was critical to the development of the City. Commissioner Eberley was in agreement with Chairman Johnson to always attempt to look at a broader picture in the beginning rather than looking at an issue twice. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 6-0. . - . - . Planning Commission Minutes September 24, 1991 Page 4 6. Ordinance Amendment/Section 900.12 "Uses bv District" to Create a New Overlav District Titled "Antenna Support Structure Overlav District" bv Kenneth Van Patten/P.H. Steve Rohlf, Building and Zoning Administrator, stated that Kenneth Van Patten has an existing radio tower which was put up legally. Since then the Ci ty annexed the Township of Elk River, and the property was subsequently rezoned to residential. Therefore, the radio tower is now legally grandfathered-in nonconforming. The applicant would like to bring his antenna tower into conformity with the City Zoning Ordinance. Mr. Rohlf reviewed the three options in order to accommodate the antenna tower as explained in his memo. Chairman Johnson opened the public hearing. Ken Larson (Head, Hempel, Seifert & Vander Weide) attorney representing Mr. Ken Van Patten, stated that he drafted the first version of the text amendment, the City Attorney and staff then reviewed it. Mr. Larson briefly reviewed the text amendment as submitted in exhibit #1. He stated that staff helped them review the alternatives available to them under the current ordinance. They shared staff's concerns as far as rezoning the property I-lor I -2 because it would be a departure from the Growth Management Plan. Therefore they arrived at the overlay zoning district. Commissioner Spotts asked who else in the metropolitan area had this type of district? Mr. Larson stated that overlay districts are rare for this type of usej instead land is usually zoned specifically for the purpose of this type of tower. The ordinance he drafted was based on the Golden Valley ordinance. . Steve Rohlf stated that Tim Keane was in agreement with the ordinance as it gives the City more ability to say no, when appropriate. Peter Beck, City Attorney, thought it would be adding extra baggage to the current ordinance. Mr. Larson stated that Mr. Van Patten was concerned with the wordage in Exhibit 1 (a). and would like to amend it to read: that the antenna tower should be designed so that if it collapses, all portions of it will land within the lot on which it is situated. Mr. Larson further stated that Mr. Van Patten will secure a statement by a qualified registered engineer that this tower is desie:ned to collaDse entirely on the site. Mr. Larson felt that they would be able to have such a letter by the time this issue was presented to the City Council. Mr. Van Patten gave a brief summary of the industry standards as far as wind velocity. Chairman Johnson closed the public hearing. Mr. Rohlf stated that Ken Van Patten is his ex brother-in-law and felt that there was no conflict of interest. -. '. ~ Planning Commission Minutes September 24, 1991 Page 5 COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING SECTION 900.12 "PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT FOR AN ANTENNA TOWER OVERLAY DISTRICT WITH STANDARDS A THRU H AS SUBMITTED BY STAFF IN EXHIBIT #1. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0 7. Zone Change/Kenneth VanPatten/R-la to Overlay District/P.H. Steve Rohlf, Building and Zoning Administrator, stated that he felt this was an appropriate site for an antenna tower for a number of reasons; because mov ing the tower to a new location could cause major difficulties, also that it is consistent with the other activities in the area. Staff is recommending approval of this zone change request to the Antenna Tower Overlay District. Chairman Johnson opened the public hearing. Ken Larson addressed staff's concern regarding the strobe lights on the antenna tower. Mr. Larson stated they had no plans to put that type of strobe lights on the tower. Mr. Van Patten addressed the benefits of having land zoned for such tower purposes and the benefits of providing mobile radio communication services to the business community. Chairman Johnson closed the public hearing. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY TO AN ANTENNA TOWER OVERLAY DISTRICT. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Rohlf stated this would be contingent on the overlay district being created by the City Council. 8. CUP/Kenneth VanPatten/Radio Tower/Public Hearing Steve Rohlf, Building & Zoning Administrator recommended that one of the stipulations to the conditional use permit be that a certified qualified registered engineer certify that the antenna is designed to collapse on its own lot. Chairman Johnson opened the public hearing. Ken Larson conditional something submitted. 1991 which stated that they felt that the requirements for the use permit have been met. Mr. Larson stated that anytime is done to the tower an inspection report would be Mr. Larson submitted an inspection reported dated July 22, was made part of the public record. Chairman Johnson closed the public hearing. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE EXISTING TOWER FACILITY BASED ON ~. '. . Planning Commission Minutes September 24, 1991 Page 6 THE STIPULATIONS AS OUTLINED IN STAFF'S MEMO. SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER BISCHOFF A short recess was taken at this time. 9. Conditional Use Permit/Auto Repair/A.T. Auto and Tire/By Al Valerius and Tim Gerber/Public Hearinl Janelle Szklarski, Zoning Assistant, gave a brief summary of the request stating that Al Valerius and Tim Gerber are proposing an auto repair shop in the C-3 zoning district. The proposed business will be located in the back portion of Snyder Auto Sales Building. Ms. Szklarski stated that in reviewing this request, staff also looked at the original stipulations that were approved with the Snyder Auto Sales request. There were two stipulations that were not in compliance; the dumpster being screened and the striping of the parking lot behind the auto repair area. Staff is recommending that the parking lot be striped, and directional signs be added, and also the dumpster be screened. Staff is recommending approval of this request as they feel it meets the seven standards of a conditional use. Chairman Johnson opened the public hearing. Mr. Gerber asked the Planning Commission to consider the hours of operation. He stated that the business hours would usually run from 7:00 a.m. to 7:00 p.m. In the fall and winter months they may wish to stay open longer than that. The Planning Commission discussed the hours of operation and had no problem with the hours being extended as it was consistent with the hours of operation for other commercial businesses in the area. Mr. Gerber further stated that the dumpsters would be screened. Chairman Johnson closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE AN AUTO REPAIR SHOP LOCATED AT 17119 HIGHWAY 10 CITING STAFF'S MEMO DATED AUGUST 17, 1991 REGARDING THE FINDINGS OF FACT INCLUDING THE SIX STIPULATIONS AS OUTLINED IN STAFF'S MEMO. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Conditional Use Permit/Iverson Homes/Shopping Center/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, stated that the applicant (Iverson Homes) is requesting to construct 31,440 sq. ft. retail shopping center. Mr. Rohlf explained the site layout and the factors that pertained to this request as outlined in his memo. He stated that staff would like to see concrete curb and gutter around the the entire site because of internal drainage of this site so as not to drain onto adjacent residential property. Staff feels that the developer did a good job trying to meet staff's concerns. Staff is recommending approval as they meet the seven standards for a conditional use permit. '~. . . Planning Commission Minutes September 24, 1991 Page 7 Chairman Johnson opened the public hearing. No one appeared for 01' against the request, Chairman Johnson closed the public hearing. Commissioner Schroeder was concerned that there was only one entrance to the site as he felt this would create traffic difficulties. Commissioner Eberley was in agreement with Commissioner Schroeder as it is difficult to see coming out of the intersection at Super America, and the increased traffic would only make the situation worse. Gary Tushie, of Tushie Montgomery Associates, Inc., stated that on the west side of Burger Time there is a double drive thru lane on the property line. The anticipation is to expand that structure, possibl y put some more parking in, and possibly have another exit on the back side. Mr. Tushie felt that the traffic problems would be lessened because the road would be shortened and would end at their parking lot. Signage was discussed. Mr. Rohlf stated that the developer would be responsible to let the tenants know of the signage that is allowed. A permit would still be needed from the City of Elk River for signage. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY IVERSON HOMES FOR A RETAIL SHOPPING CENTER REFERENCING STAFF'S MEMO IN RELATION TO THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT. ALSO CITING THE NINE STIPULATIONS WITH AN AMENDMENT TO NO. 3 TO INCLUDE EVERGREEN PLANTINGS WITH AN 80% OPACITY IS REQUIRED. THAT DRAINAGE IS CONTINGENT UPON TERRY MAURER'S FINAL COMMENTS TO BE PRESENTED AT THE CITY COUNCIL MEETING. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11. Ordinance Amendment/City of Elk River/Section 900.22(4)(1)(vii)/Si~n Re~ulations/P.H. Janelle Szklarski, Zoning Assistant, stated that the City Council has directed staff to draft an ordinance amendment which would allow nonprofit organizations such as churches and schools to have temporary off premise signs to advertise fund raising events. Chairman Johnson opened the public hearing. No one appeared for or against the request, Chairman Johnson closed the public hearing. The Planning Commission felt "nonprofit" was difficult to define and hard to control. It was the general consensus of the Commission that they wanted more time to study the issue and bring it back at another time. COMMISSIONER NADEAU MOVED TO TABLE THIS ISSUE UNTIL THEY HAD MORE TIME TO DISCUSS AND STUDY THIS ORDINANCE AT A WORKSHOP SESSION. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11. 5 Discussion a. Planning Commission Statement - Chairman Johnson stated that she would like the Planning Commission's comments regarding the . '. 'It Planning Commission Minutes September 24, 1991 Page 8 Planning Commission Statement prior to the October 15, 1991 Planning Commission and City Council joint meeting. b. Sewer Extension - Steve Rohlf, Building & Zoning Administrator, stated that Commissioner Spotts had requested information on the progress of the sewer extension to the west. Mr. Rohlf stated that with the construction of the new City Hall, it would open up the 1st phase sometime in 1992. c. Discussion October and November Workshop Items Chairman Johnson stated that the topic of discussion for the October workshop would focus on "Team Building". This would be a joint Planning Commission, City Council meeting. The topic of discussion for the November workshop would include discussion on the adult related land use moratorium. 12. Adjournment There being no further business, COMMISSIONER EBERLEY MOVED TO ADJOURN. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 10:00 p.m. Jh=b~e~~ Sharon Maue Recording Secretary