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06-26-1990 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, JUNE 26, 1990 Members Present: Commissioner Johnson (Acting Chair), Commissioners Fuchs, Nadeau and Eberley Members Absent: Commissioner Schroeder and Chairman Kimball Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Tim Keane, Attorney; John Lichter, Environment Consultant; Schmitz, Zoning Assistant City Gary 1. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order by Commissioner Johnson at 7:00 p.m. 2. Consider 6/26/90 Plannin~ Commission A~enda Item 15.1 - Joint Meeting with City Council and Planning Commission and Item 15.2 - "Update" were added to the agenda. COMMISSIONER EBERLEY MOVED TO APPROVE THE 6/26/90 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 5/22/90 Plannin~ Commission Minutes The following changes were made to the Planning Commission minutes: Page 7, second paragraph - change "Tim Keane" to read "Commissioner Johnsontt. Page 10, Item 18, third paragraph, second to the last line to read ttthe Citytt instead of ttthe Planning Commission". COMMISSIONER EBERELY MOVED TO APPROVE THE 5/22/90 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Consider 6/7/90 Plannin~ Commission Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE PLANNING COMMISSION MINUTES. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Plannin~ Commission ReDresentatives to Attend 7/16/90 City Council Meetin~ It was indicated that Commissioners Nadeau and Eberley would attend the July 16, 1990, City Council Meeting. 6. Consider Ordinance Amendment Si~n Ordinance/City of Elk River/P.H. Janelle Szklarski, Zoning Assistant, stated that attachment #1 is a memo from Tim Keane, which outlines the legal options the City has Planning Commission Minutes June 26, 1990 Page 2 . regarding both the number of billboards and the size of billboards. Ms. Szklarski reviewed staff's recommendations in regards to these options. Commissioner Johnson (Acting Chair) opened the public hearing. Richard Mlodzik of Skoglund Communications, Inc. stated that he questioned the accuracy of some of Mr. Keane's statistics. Mr. Mlodzik indicated that he has not run across a community that requires 3,000 foot spacing as indicated in Mr. Keane's memo. Mr. Mlodzik was also in disagreement with Mr. Keane's statement regarding "monopoles". He was not aware of any community that required a "monopole" pylon type construction for billboards. Mr. Keane indicated that the typical poster billboard is 250 sq. ft. Mr. Mlodzik questioned if Mr. Keane was referring to the inside dimensions, not including the outer trim and edge. Mr. Mlodzik stated that 300 ft. is the industry's standard for billboard sign area. Rob Vanvalkenburg was concerned with staff's recommendation of 2,000 ft spacing between signs. Mr. Vanvalkenburg stated that he was opposed to getting rid of all billboards as businesses cannot survive without billboards. . Steve Rohlf, Building and Zoning Administrator indicated that the 2,000 ft. spacing is on the same side of the road. Mr. Rohlf stated that this is the same as a 1,000 ft. spacing on both sides of the road. He indicated that many communities have a 1,000 ft. spacing but it covers both sides of the road. James Kleinke of Franklin Outdoor Advertising Company stated that they were requesting additional time to work with staff and the City Attorney on this matter in order to provide the Planning and City Council with a revised compromise. Mr. Kleinke then stated that this was a very critical issue for the advertising industry. Steve Rohlf suggested that the outdoor advertising companies would have time before the next City Council meeting (July 16, 1990) to come up with a new proposal regarding their concerns. Keith Franklin, Franklin Outdoor Advertising, raised the question as to how billboards were going to be eliminated. Mr. Rohlf answered that the billboards would be thinned out as property develops. The larger spacing does not eliminate any signs, as the existing signs are grandfathered in. Mr. Franklin then stated that the state standard, is 300 ft. setback from an intersection. The Planning Commission was in agreement with Mr. Franklin and suggested changing staff's recommendation of 200 ft. setback from an intersection to 300 ft. to comply with the state standards. Commissioner Johnson (Acting Chair) closed the public hearing. . Discussion ensued regarding monopole type construction for billboards. It was the general consensus of the Planning Commission that all future advertising signs should have monopoles. Planning Commission Minutes June 26, 1990 Page 3 . COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE OUTDOOR ADVERTISING PORTION OF THE SIGN ORDINANCE; THAT THE PLANNING COMMISSION CONCURS WITH STAFF'S RECOMMENDATION AS STATED IN THEIR MEMO DATED 6/21/90 EXCEPT FOR THE FOLLOWING CHANGES: 1. ALL FUTURE ADVERTISING SIGNS COMPLY WITH THE MONOPOLE STRUCTURAL STANDARDS. 2. STRUCTURAL STANDARDS TO INCLUDE A STATEMENT ABOUT LANDSCAPING TO KEEP IT LOOKING TASTEFUL AND NEAT. THE WORDAGE TO BE PER CITY STAFF. 3. THAT THE MAXIMUM SIGN AREA FOR ADVERTISING SIGNS BE 300 FEET. 4. THAT THE INSPECTION FEE BE REVIEWED AND SET BY RESOLUTION OF THE CITY COUNCIL ON A REGULAR PERIODIC BASIS. ALSO THAT THE INSPECTION PROGRAM AND ITS EFFECTIVENESS AND NECESSITY BE REVIEWED IN TWO YEARS. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Consider Variance (Si~na~e) Snyder Auto Sales/P.H. . Commissioner Johnson (Acting Chair) read the five standards for granting a variance. Janelle Szklarski, Zoning Assistant, reviewed the applicant's request for a variance to increase the maximum amount of wall signage allowed in a C-3 Highway Commerical zone from 100 sq. ft. to 228 sq. ft. She indicated that the applicant is proposing two wall signs which measure 114 sq. ft. each. Ms. Szklarski stated that the petitioner erected the wall signs without receiving a sign permit from the City. Tim Snyder owner of Snyder Auto Sales indicated that he felt that he had a hardship because his property is at a lower elevation than the properties to the north and south. Mr. Snyder came forward and showed pictures of his signage to show that he was approximately 8 feet below grade from Elk River Ford. He indicated that he was not aware the sign ordinance was recently up for discussion allowing him to put up a larger freestanding sign. Mr. Snyder stated that it is not feasible for him to enlarge his freestanding sign because of the expense. Commissioner Johnson (Acting Chair) closed the public hearing. . Commissioner Johnson stated that economics alone is not an acceptable standard for granting a variance. Commissioner Fuchs felt the Planning Commission should stay consistent with the original sign ordinance. Commissioner Nadeau stated that a variance is governed by State Statute and the applicant does not meet the five standards for granting a variance, therefore he would vote to deny the request. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST REGARDING SIGNAGE BY SNYDER AUTO SALES AS IT DOES . . . Planning Commission Minutes June 26, 1990 Page 4 NOT MEET THE FIVE STANDARDS FOR GRANTING A VARIANCE. FUCHS SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER 8. Consider Ordinance Amendment (Schedule of Dimensional Re~ulations) by the City of Elk River/P.H. Janelle Szklarski stated that the City Council and the Planning Commission directed staff to take a look at the Schedule of Dimensional Regulations particularly in relation to the density in multifamily zones. The two changes that staff is recommending throughout the entire Schedule of Dimensional Regulations is to delete the building density column and that the column for minimum open area be eliminated Commissioner Johnson (Acting Chair) opened the public hearing. Tim Keane, City Attorney, arrived at this time (9:13 p.m.). Ms. Szklarski reviewed the proposed changes, zone by zone, as stated in her memo dated 6/18/90. The Planning Commission discussed the ordinance and made a number of modifications to the Schedule of Dimensional Regulations which are reflected in the current ordinance that will be passed on to the Council. Gary Santwire questioned the reason for the cluster zone not being included in the Schedule of Dimensional Regulations. Steve Rohlf stated that the cluster development proposed is to be done as a PUD. Commissioner Johnson (Acting Chair) closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT TO AMEND SECTION 900.18 TITLED "SCHEDULE OF DIMENSIONAL REGULATIONS" AS PRESENTED BY STAFF IN THEIR MEMO DATED 6/18/90 WITH THE FOLLOWING CHANGES: 1. Eliminate Footnote #3. 2. Single family lots in the R-2b zone would be addressed with footnote #2 so as to be consistent with the R-2a, R-3 and R-4 zones. 3. Footnote #8 was added - that the mInImUm lot size requirement be reduced by 400 sq. ft. for each underground or tuck under garage for multifamily units in the R-4 zone. 4. In the R-lb zone under Accessory Use Setbacks, the rear setback was changed to 5 feet. 5. Under Accessory Use Setbacks add the R-lD zone; front setback 35 ft., side setback 5 ft., and rear setback 5 ft. 6. Under Accessory Use Setbacks add the R-lE zone; front setback 35 ft., side setback 10 ft., and rear setback 10 ft. Planning Commission Minutes June 26, 1990 Page 5 . 7. In the R-4 zone the Planning Commission went with Mr. Keane's recommendation regarding minimum lot sizes. 8. In footnote #2, the side yard setback was changed to 10 feet for multifamily lots. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0. A short recess was taken at this time. 9. Consider CUP Services/P.H. (Soil Treatment Center) Conteck Environmental Steve Rohlf, Building and Zoning Administrator stated that the final air emission permit from MPCA has been received. John Lichter indicated that the only changes that have been made are in regards to the equipment sizes. He stated that this does not change the overall capacity of the plant but adds to the efficiency of the operation. Mr. Lichter stated that the permit has been updated to reflect these changes. Commissioner Johnson (Acting Chair) opened the public hearing. No one appeared for or against the request. Commissioner Johnson closed the public hearing. . COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW A SOIL TREATMENT CENTER BY CONTECK ENVIRONMENTAL SERVICES BASED UPON THE STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED JUNE 14, 1990 WITH THE UNDERSTANDING THAT MPCA'S FINAL PERMIT WILL BE SIGNED BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 3-1. Commissioner Johnson cast a negative vote as she was concerned with the zero tolerance for chlorinated hydrocarbons, and she disagreed with MPCA's standard set on particualte emissions. Tim Keane suggested that Item 15 be moved ahead of Item 11 because of lateness of the meeting. COMMISSIONER NADEAU MOVED TO AMEND THE AGENDA. SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSION EBERLEY 15. Consider Moratorium on Adult Related Land Uses/City of Elk River/P.H. . Tim Keane, City Attorney, stated that the City Council felt an urgency on this issue due to the adult oriented book store located in Ramsey. Mr. Keane indicated that October 1, 1990 was a targeted date for lifting the moratorium and implementing a permanent ordinance addressing the regulations of adult oriented land uses. At this time, Mr. Keane introduced Larry Martin a clerk for Larkin, Hoffman who had assisted Mr. Keane in researching the constitutional issues related to the regulations of adult oriented land uses. Mr. Martin explained the findings and issues that dealt with adult oriented land uses. Planning Commission Minutes June 26, 1990 Page 6 . Commissioner Johnson (Acting Chair) opened the public hearing on the moratorium for adult related land uses. There being no one for or against the matter, Commissioner Johnson closed the public hearing. Steve Rohlf stated that the moratorium does not affect existing businesses, only the new businesses. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL THE CREATION OF A MORATORIUM ORDINANCE FOR ADULT ORIENTED LAND USES BASED ON THE FINDINGS OF FACT FROM THE ATTORNEY GENERAL'S STUDY REPORT ON SEXUALLY ORIENTED BUSINESSES IN COMMUNITIES. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10. Consider Ordinance Amendment (Landscaoe Ordinance) by the City of Elk River/P.H. Gary Schmitz, Zoning Assistant, stated that staff has proposed several changes to Section 900.30 "Regulations on Screening, Lighting, Storage, and Outdoor Display". He stated that his memo dated June 21, 1990 gave details on all major changes and additions along with the rationale for these changes. Staff incorporated infol"mation from both the Planning Commission's subcommittee report, and Planning Consultant, Bill Weber's report. . Commissioner Johnson (Acting Chair) opened the public hearing. There being no one for or against the request, Commissioner Johnson closed the public hearing. The Planning Commission discussed this issue and made a number of modifications to the draft landscape ordinance in Section 900.30 Regulations on Screening, Lighting, Storage, and Outdoor Display which are reflected in the current ordinance that was passed on to the City Council. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDING SECTION 900.30 TITLED "REGULATIONS ON SCREENING, LANDSCAPING, LIGHTING, STORAGE AND OUTDOOR DISPLAY" AS SUBMITTED BY STAFF WITH THE FINDINGS THE COMMISSION MADE GIVING CREDIT FOR EXISTING TREES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0. Gary Santwire requested that items 12 and 13 be moved ahead of item 11 as the majority of the people left were waiting for these two issues. COMMISSIONER FUCHS MOVED TO AMEND THE AGENDA. SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER NADEAU 12. Consider Ordinance Amendment (Reduce the Minimum Size Limit for PUD's) City of Elk River/P.H. . Janelle Szklarski, Zoning Assistant, introduced this item explaining that staff is recommending to eliminate the mInImUm acreage requirement to allow the Planning Commission and City Council more Planning Commission Minutes June 26, 1990 Page 7 . flexibili ty in the design and development of certain properties that are very sensitive. Commissioner Johnson (Acting Chair) opened the public hearing. No one appeared for or against the request, Commissioner Johnson closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT AMENDING SECTION 900.12 (M) OF THE ELK RIVER CODE OF ORDINANCES TITLED, "PLANNED UNIT DEVELOPMENT DISTRICT" AS SUBMITTED BY STAFF TO ELIMINATE THE MINIMUM SIZE REQUIREMENT OF A PUD. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 4-0. 13. Consider Advisory Comments (PUD Prooerty Behind City HalU/By R.E.P. LTD/P.H. Janelle Szklarski, Zoning Assistant, stated that Gary Santwire representing R.E.P. Ltd. is requesting advisory comments for a PUD on property east of City Hall. She indicated that the ordinance does provide for advisory comments from the Planning Commission. . Gary Santwire explained his reason for proposing this PUD is to incorporate the north area with the south area and end up with one new PUD. The City can then set rules and regulations which would eliminate any existing conditions that exist on this PUD. Mr. Santwire gave a brief summary of the items in his memo relating to the PUD. Zoning Assistant, Janelle Szklarski, indicated that staff is requesting that there be a stipulation regarding the pruning of oak trees from April 1st thru July 1st as not to spread disease. Commissioner Fuchs stated that he was not opposed to the PUD concept. Commissioner Fuchs explained the area is currently an R-lc zone and by making the lots smaller than R-lc standards is incompatible with the preservation of trees and is not compatible with the surrounding land uses. Commissioner Fuchs suggested 10,000 sq. ft. lots to the north and 8,000 sq. ft. lots to the south. Tim Keane, City Attorney, suggested that the Planning Commission step back and take a good look at the land use compatibility and what really works for a development pattern for that area. Mr. Keane further stated that it is a bit uncommon to channel single family residential traffic thru a fairly intensely developed, commerical area in order to access the site. The Planning Commission unanimously agreed with Mr. Keane that this should be set aside for awhile to further study the land use and what would work for a development pattern for this area. . 14. Consider Pylon Si~n Reauest/R.E.P.. Ltd. Janelle Szklarski, Zoning Assistant, explained that a few months ago, the applicant was before the Planning Commission with a similar request. The applicant (represented by Gary Santwire) is requesting a . . . Planning Commission Minutes June 26, 1990 Page 8 review of three pylon signs to be erected in three separate locations. Mr. Santwire has indicated the recent change in the sign ordinance, which allows larger and higher freestanding signs in the Highway Commerical zone is the reason for their request. Gary Santwire indicated he was proposing a compromise; that signage at 592 dodge be approved as requested 220 sq. ft. and 40 ft. high; signage at 710 Dodge be reduced to a maximum of 130 sq. ft and 26 ft. high., and 564 Dodge remain as previously approved 64 sq. ft and 20 ft. high. COMMISSIONER FUCHS MOVED TO APPROVE THE FOLLOWING SIGNAGE: 564 DODGE, 64 SQ. FT. AND 20 FT. HIGH; 592 DODGE, 160 SQ. FT AND 30 FT. HIGH; AND 710 DODGE 120 SQ. FT. AND 30 FT. HIGH. COMMISSIONER NADEAU SECONDED THE MOTION." THE MOTION CARRIED 4-0. 11. Ordinance Amendment (Parkinlt and Loadinlt Reltulations by the Ci ty of Elk River/P.H. Steve Rohlf, B & Z Administrator reviewed this request indicating that staff is proposing to amend two subsections of the ordinance that deal with parking and loading regulations. He stated that these amendments are in anticipation of the Council adopting Bill Weber's recommendations on the four focus area studies. Commissioner Johnson (Acting Chair) opened the public hearing. No one appeared for or against the request, Commissioner Johnson closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDING SECTION 900.24 TITLED "PARKING AND LOADING REGULATIONStl SUB 4-(YARDS) AND SUB (ll)d (LANDSCAPING AND SCREENING) AS SUBMITTED BY STAFF. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 4-0. 15.1 Joint Meetinlt of the Planninlt Commission and City Council The two dates suggested by the Commission for the joint meeting of the Planning Commission and City Council were either August 18, 1990 or September 8, 1990. 15. UDdate Commissioner Eberley questioned whether staff has received any comments from neighboring Planning Commissions and Townboards regarding the tlPlan Share" Conference. 16. Adjournment There being no further business, COMMISSIONER FUCHS MOVED TO ADJOURN THE MEETING. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at approximately 11: 50 p.m. . . . Planning Commission Minutes June 26, 1990 Page 9 Respectfully submitted, :iJl aA~9/rCr Yl)tZlLC" Sharon Maue Recording Secretary