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10-22-1991 PC MIN . . '. MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, OCTOBER 22, 1991 Members Present: Vice Chair Nadeau, Commissioners Spotts, Eberley, Bischoff, VanValkenburg Members Absent: Chairman Johnson & Commissioner Schroeder Staff Present: Stephen Rohlf, Building & Zoning Administratorj Janelle Szklarski, Zoning Assistantj Gary Schmitz, Recycling Coordinatorj Dale Homuth, DNRj and Tim Keane, City Attorney. 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 10/22/91 Plannin~ Commission A~enda Commissioner Spotts added Item 11.1 "Sherburne County Tree Board Update". COMMISSIONER BISCHOFF MOVED TO APPROVE THE 10/22/91 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 9/27/91 Planninl Commission Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE 9/27/91 PLANNING COMMISSION MINUTES. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Plannin~ Commission Representative To Attend 11/18/91 Ci tv Council Meetinlt It was indicated that Commissioner Spotts would attend the 11/18/91 City Council meeting. 5. Consider Conditional Use Permit (Home Occupation) by John & Sandy Weicht/P.H. Janelle Szklarski, Zoning Assistant, stated that John C. Weicht and Associates (contracting firm) is requesting a conditional use permit to operate a home occupation from their residence located at 13330 Island View Drive. Staff felt the request meets the seven standards for a coudi tional use permit as well as the intent of the home occupation ordinance. Staff is recommending approval of the request. Vice Chair Nadeau opened the public hearing. Sandy Weicht was present. There being no one for or against the request, Vice Chair Nadeau closed the public hearing. . . - . Planning Commission Minutes October 22, 1991 Page 2 COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY JOHN WEICHT & ASSOCIATES FOR A HOME OCCUPATION LOCATED IN THEIR RESIDENCE AT 13330 ISLAND VIEW DRIVE BASED ON STAFF'S MEMO DATED 10/9/91. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Ordinance Amendment to Section 904 Ti tled. "Shoreland Manallement Ordinance" bv the Citv of Elk River/P.H. Janelle Szklarski, Zoning Assistant, introduced this item stating that the Ci ty of Elk River has been mandated to adopt the new shoreland regulations as developed by the Minnesota Department of Natural Resources (DNR) by February of 1992. Ms. Szklarski gave a brief summary of the major changes that will take place in the new shoreland ordinance which would include: new septic system standards, setbacks, bluff line standards, different classifications for the rivers and wetlands as well as standards for agricultural practices. Dale Homuth, DNR Hydrologist, explained how the new shoreland ordinance would affect property owners and what the DNR is tying to accomplish. Mr. Homuth stated that they had received a number of complaints from people stating that the shoreland regulations were not strict enough and that because of this, lakes were becoming more polluted and had cluttered shorelands, etc. The number one concern was bad septic systems. The new regulations require the City to bring all septic systems up to code in the shoreland areas within a reasonable period of time. The City Council will have to pass a resolution telling the State how they are going to accomplish that. Any time a building permit is issued, the property owner will have to certify that the septic system is up to code. Elk River was considered a high priority area because of the large number of wetlands, rivers, ponds & lakes in the Elk River area. Vice Chair Nadeau opened the public hearing. Eugene Scheel of 10271 213th Avenue stated that the new shoreland ordinance was a good ordinance and felt it would not be detrimental to the landowners in the area. Staff explained the different lake and river classifications of natural environment waters, general development, tributary and urban that would be affected by the shoreland standards. The affected shoreland areas were shown on an overhead which were separated by different colors. Mrs. Cecelia Scheel asked for an explanation of a natural environment lake. Mr. Homuth read her the definition for natural environment lakes. Mrs. Scheel stated that she had a topography map and questioned why some of the smaller lakes such as Little Twin Lake were not referenced, in this ordinance. Mr. Homuth addressed her concern stating that the City does not have to apply the shoreland regulations to any lake which is less than 10 acres in size. The optional lakes are still protected wetland areas by the DNR but the City is not required to impose shoreland regulations on them. . . . Planning Commission Minutes October 22, 1991 Page 3 Steve Rohlf, Building and Zoning Administrator, reviewed the three ponds that were not added to the shoreland ordinance because of their size. They included Little Twin Lake located in Heavenly Hills, and ponds in the Westwood and School View 1st subdivisions. He stated that these areas won't be requi red to comply wi th the shoreland setback regulations because it would eliminate lots that already exist. Richard Gruys of 22347 Monroe Street stated that he was planning to do some logging of trees on his property and also questioned whether the farming of this land was grandfathered-in and how the shore land ordinance would affect him. Mr. Rohlf stated that the grandfathered-in agricultural use would be allowed to remain, but that any expansions of these types of uses would need to comply with the shoreland standards. As far as logging was concerned, clear-cutting was prohibited under the new standards. Mr. Gruys further stated that Little Twin Lake was four to five times bigger than the pot hole that was located on his property and he felt that his pond should also be considered one of the optional lakes. Gary Schmitz explained that in classifying water bodies, the size of the basin may go beyond where the actual water lies, therefore, even though the one lake looks smaller on the surface it may have a bigger basin. Mr. Gruys was also concerned with the County ditch (Trott Brook) and questioned whether the City was going to maintain Trott Brook to see that it doesn't flood. He was also concerned with the beavers in the area. Dale Homuth stated that on any State protected watercourse, the landowner is responsible to keep it open. The DNR does not have funded money to maintain these brooks. Tom McNair of 22175 Grant Street questioned how the new shoreland ordinance would affect previously platted lots along the Mississippi Ri vel' as far as buildability. Steve Rohlf stated that as long as all setbacks could be met, existing legal lots of record would still be considered bui ldable as long as a conforming septic system could be placed on the lot. Ms. Szklarski added that the Mississippi River is protected under a separate ordinance titled the "Wild and Scenic River Management Ordinance." Lou Bown of 1596 Stillwater Avenue, St. Paul stated that they owned lake cottages on the Elk River at the end of Waco Street and also questioned if they were grandfathered- in. Mr. Bown further stated that they have been restricted from adding on or expanding to their buildings. Mr. Rohlf stated that they would be restricted from building in that location because of the floodplain ordinance. He stated that Mr. Bown's structures were grandfathered-in with limitations on building or expanding. This is separate from shoreland regulations. Bill Christian indicated he was concerned with a 40 acre parcel on County Road 33 and Quincy as to whether the trees could be cut wi thin 1,000 ft. of the water. Ms. Szklarski stated that some trees can be cut but no clear cutting would be allowed on the site. '. . . Planning Commission Minutes October 22, 1991 Page 4 ~r. Chri stian brought up an example of two nonconforming existing lots under contiguous ownership near Greenhead Acres. Staff stated that if all dimensional regulations can be met then the lots can be sold as separatp. parcels. Staff also proposed that a policy be developed concerning the sale and development of nonconforming existing lots. Sandy Weicht of 13330 Island View Drive felt the setbacks from bluffs were too restrictive. Dale Homuth felt there were some flaws with the hluffs regarding setbacks and he recommended that the State amend this sp.ction of their rules. He felt the concept was good; the DNR is trying to prevent people from builning in thp. fragile bluff areas. Jack Klein of 1808 Main Strp.et representing the Lake Orono Homp. Owner's Association fp.Jt thp.rp. was a lot of pollution on Lake Orono because of nonconforming sp.ptic systems. He was recommending that this problem be addressp.d as quick as possihlp.. Mr. Klein was further concerned with the time tahle to identify thp. nonconforming septic systems. He felt it should he more specifically staten when the City would inentify these lots. Mr. Rohlf rp.solution orni nancp.. nonconforming District. addressp.d hi s concp.rn stating that the Ci ty has drafted a for the Counci 1 to review when they review the shoreland Thp. resolution dp.clares the City's intent to require sp.pti c systems to bp. upgraded in the Shorel and Management Mr. Schee 1 asked if the Shore land Managp.ment Ordinance regulates any puhlic utilities such as high lines, pipe lines, gas lines and telephone lines as hp. fe 1 t these wp.re ,just as much of a probl em as nonconforming septic systems. Mr. Homuth stated that the City is not requ i rp.d to regu late puhl ic uti li ties undp.r the Shoreland Mana~p.ment Ordinance. This is somp.thing that is regulated through the State. Vice Chair Nadp.au closed the public hearing. .Janelle Szklarski, Zoning Assistant, reviewed the following changes to sections of the Shoreland Management OrcH nance. Discussion was held rp.garding Item iit(1) on Page 9 of the Shoreland Management Ordinance. MR. Szklarski stated that this paragraph was dp.] eted hecause all . the protected watercourses in the City of Elk River are given shore land classi ficat ions ann are therefore already protected in the shorelann ordinance. Discussion was hp.ld regarding Item 5(b) (i) on Page 20 of the Shoreland Management Orninance. Mr. Rohlf stated that staff felt that the impp.rvious surface covp.ragp. of 25% of lots was too rp.strictive. Staff is recommending that Terry Maurp.r, City Engineer draft storm drainage dp.sign standards for thesp. lots. Staff has worked out a storm water managp.mp.nt p) an for thp. City to protect water quali ty in the .1 akes. This will kep.p the City consistent ancl avoid unnp.cessary variancp.s. Discussion was held rega.rding Ttp.m 2 on Page 25 regarding nonconforming lots. Mrs. Szklarski stated that Rill Christian had given a example ". . ". Planning Commission Minutes October 22, 1991 Page 5 -------------------------- where the person owns two contiguous nonconforming existing parcels. When the owner sells them, the City does not get notified of the sale. The shoreland ordinance states that the City should be notified. Staff is recommending that the City adopt a policy to deal with nonconforming lots both in and out of the shoreland district. Staff has talked with Mr. Homuth and he feels setting a policy which defines when a nonconformity should preclude building or selling is the appropriate approach. Staff is recommending that this policy be adopted to keep the City consistent with the administration of nonconforming lots. Janelle Szklarski, Zoning Assistant, explained that the City applied for some flexibility to what the State mandates regarding front yard setbacks and height restrictions for structures in the shoreland. She stated that the City did receive approval from the commissioner of the DNR for these requests. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF SECTION 904 TITLED "SHORELAND MANAGEMENT ORDINANCEII AS PRESENTED BY STAFF AND THE DNR. COMMISSIONER SPOTTS SECONDED THE MOTION. COMMISSIONER EBERLEY MOVED TO AMEND THE MOTION TO ALSO INCLUDE A RECOMMENDING TO THE ELK RIVER CITY COUNCIL APPROVAL OF THE RESOLUTION PRESENTED BY STAFF DECLARING THE CITY'S INTENT TO HAVE NONCONFORMING SEPTIC SYSTEMS UPGRADED IN THE SHORELAND DISTRICT. THIS AMENDMENT ALSO INCLUDED A RECOMMENDATION TO ACCEPT THE CHANGE PROPOSED BY STAFF REGARDING THE SECTION THAT DEALS WITH THE 25% MAXIMUM IMPERVIOUS SURFACE. FINALLY, THE AMENDMENT INCLUDES A RECOMMENDATION OF APPROVAL OF STAFF'S PROPOSED POLICY FOR DEALING WITH NONCONFORMING LOTS. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. A short recess was taken at this time. 7. Ordinance Amendment To Section 906 Titled. IIwild &. Scenic River Mana~ement Ordinance" by the City of Elk River/P.H. Janelle Szklarski, Zoning Assistant, stated that the City must add Section 906 to its zoning ordinance which deals with the Wild and Scenic River Management Ordinance. This ordinance will be deleted with the proposed amendment to the shoreland ordinance. Staff is recommending that the City adopt a separate section for the Wild and Scenic River Management Ordinance as it would be easier to make amendments to either district without affecting the other. Staff is working wi th Ms. Fecht from the DNR in rewriting the Wild and Scenic River Ordinance. Vice Chair Nadeau opened the public hearing. There being no one for or against this request, Vice Chair Nadeau closed the public hearing. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT TO ADD SECTION 906 "WILD AND SCENIC RIVER MANAGEMENT ORDINANCE" AS OUTLINED IN STAFF'S MEMO. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. . -- . . Planning Commission Minutes October 22, 1991 Page 6 8. Ordinance Amendment to Section 900.08 Ti tied. "Definitions" by the Citv of Elk River/P.H. Vice Chair Nadeau opened the public hearing. There being no one for or against this request, Vice Chair Nadeau closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDING SECTION 900.08 TITLED, "DEFINITIONS" AS OUTLINED IN STAFF'S MEMO. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Ordinance Amendment to Section 900.10 Titled. "Establishment of Districts" by the Citv of Elk River/P.H. Vice Chair Nadeau opened the public hearing. There being no one for or against this request, Vice Chair Nadeau closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDING SECTION 900.10 TITLED, "ESTABLISHMENT OF DISTRICTS" AS OUTLINED IN STAFF'S MEMO. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Ordinance Amendment to Section 900.12 Ti tied. "Permitted. Accessory & Conditional Uses by District" by the City of Elk River/P.H. Vice Chair Nadeau opened the public hearing. There being no none for or against this request, Vice Chair Nadeau closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDING SECTION 900.12 TITLED, "PERMITTED, ACCESSORY & CONDITIONAL USE BY DISTRICT" AS PRESENT BY STAFF. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Determination of Underlyinll Zoninll and Land Use Within Floodplain By the CItv of Elk River. COMMISSIONER SPOTTS MOVED TO APPROVED THE RECOMMENDATIONS AS PRESENTED BY STAFF. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11.1 Sherburne County Tree Board Update Commissioner Spotts informed the Commission and Staff that the County was ready to adopt a tree ordinance. They were asking for direction as far as enforcing the tree ordinance. Should violations of this ordinance be a criminal misdemeanor or a civil matter? Staff felt it would be easier to have a governing body enforce this ordinance rather than leave it up to individuals. It was also the general consensus of the Planning Commission to deal with violations as criminal misdemeanors. 12. Adjournment . . 1t Planning Commission Minutes October 22, 1991 Page 7 There being no further business, COMMISSIONER BISCHOFF MOVED TO ADJOURN THE MEETING. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at approximately 9:30 p.m. Respectfully submitted, 0nCZJuHU Y? .m ~ Sharon Maue Recording Secretary