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09-25-1990 PC MIN r-' . e .. MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, SEPTEMBER 25, 1990 Members Present: Chairman Kimball, Commissioners Eberley, Schroeder, Bischoff, Johnson, Nadeau and VanValkenburg Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant, 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 by Chairman Kimball at 7:00 p.m. 2. Consider 9/25/90 Plannin~ Commission A~enda The following items were added to the agenda: 8.5 - Discussion of Training Manual; 8.75 - General Discussion/Workshop Related Items. COMMISSIONER EBERLEY MOVED TO APPROVE THE 9/25/90 PLANNING COMMISSION AGENDA. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider 8/28/90 Plannin~ Commission Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE 8/28/90 PLANNING COMMISSION MINUTES. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Johnson abstained from the vote as she was not in attendance at the previous Planning Commission meeting. 4. Plannin~ Commission Representative to Attend 10/15/90 City Council Meetin~ It was indicated that Commissioner VanValkenburg and Commissioner Johnson would attend the 10/15/90 City Council meeting. 5. Consider Zone Chan~e Reauest by Multiple Petitioners (R-Ic to R-la) Public Hearin~ Janelle Szklarski, Zoning Assistant, stated that five applicants are peti tioning for a zone change from R-Ic/Single Family Residential to R-la/Single Family Residential. Ms. Szklarski reviewed the existing condi tions within the area directly and indirectly affected by this proposal as outlined in her memo dated 9/12/90. She indicated that staff is recommending approval of the zone change because of an error made in the land use map in 1988. Ms. Szklarski reviewed the three circumstances when a zone change should be approved. Chairman Kimball opened the public hearing. '"~- e ".--.. e i Planning Commission Mintues September 25, 1990 Page 2 Daniel Tveite of 13275 192-1/2 Avenue (Parcel B) was concerned with the easement on their property not being recorded and felt they were not presented with a proper form for recording of the easement. Tim Keane, Ci ty Attorney explained that easements may be dedicated by way of a Quit Claim Deed. It is a grant of an easement and not a transfer of title. Geraldine Fisher of 13271 - 192-1/2 Avenue (Parcel D) was concerned with the easement not being recorded. She was also concerned with staff's memo stating that one of the stipulations of the zone change would be that the easements for future road right-of-way be recorded prior to approval of the zone change request. Steve Rohlf stated that the intent was that the developer would provide easements for future road right-of-way prior to the administrative subdivision being recorded. The lots were created without the easements being recorded. The failure of the developer to record the easements, has led to a situation where lots have been created with a stipulation that has not been met. Mr. Rohlf indicated that staff plans to have the easements recorded prior to the October City Council meeting. Cecil Lade of 13273 - 192 1/2 Avenue (Parcel C) stated that his main concern was that their property be removed from the sewer district. Mr. Lade felt that the lots are not suitable for further development. He felt that it would be difficult to sell off lots to support the City sewer and water district. Virginia Barnier stated that she owns the adjoining 40 acres and questioned how this zone change would affect her property. Steve Rohlf stated that removing the affected property from the sewer and water district would not affect her property. The easements, however, would affect Ms. Barnier's property as far as proper traffic flow, etc. There being no further comments from the public, Chairman Kimball closed the public hearing. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE FROM R-IC TO R-1A AS STATED IN STAFF'S MEMO. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL TO AMEND THE LAND USE MAP TO LR-LOW DENSITY RESIDENTIAL. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF A RESOLUTION WHICH REMOVES THE PROPERTY FROM THE SEWER DISTRICT. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 7-0. Steve Rohlf, Building and Zoning Administrator indicated that he had talked to the petitioners about the economic consequences of not being able to get as many lots with the new zoning designation. r- e (' e ......... e Planning Commission Mintues Septemoer 25, 1990 Page 3 6. Consider Conditional Use Permit by Alliance Community Church/P.H. Janelle Szklarski, Zoning Assistant, stated that Alliance Community Church represented by Ken Mitchell is requesting a conditional use permit/site plan review to construct a gymnasium, four classrooms, three offices, and racquetball courts as an addition to the existing facility located at 829 School Street. Ms. Szklarski indicated that staff has reviewed this request at the concept review level and found that they meet all the City code requirements. Staff is recommending approval of the conditional use permit request. Chairman Kimball reviewed the requirements for a conditional use permit and the procedure for a public hearing. Chairman Kimball opened the public hearing. Ken Mitchell (chairman of the building committee) Commission and stated that three ministries of the addi tional space for their Sunday school, day school school which is the basis for their request as a church. addressed the church needed and youth day Chairman Kimball closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A GYMNASIUM AND CLASSROOM ADDITION TO THE EXISTING CHURCH SITING THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO TO INCLUDE THE SIX STIPULATIONS AS OUTLINED IN STAFF'S MEMO. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 1-0. 7. Consider Ordinance Amendment/Section 900.38 & 1008.04/Reauire Plattin~ for Industrial. Commercial & Multifamily Buildin~s by the City of Elk River/P.H. Steve Rohlf, Building and Zoning Administrator, stated that the sections of the City Code were amended on June 18, 1990, but that they were being brought back to the Planning Commission for review and possible changes. Item 4 of Staff's memo dated September 10, 1990 - Park dedication fees for commerical. industrial or multifamily parcels was discussed prior to the first three items. Steve Rohlf, Building and Zoning Administrator, stated that the collection of Park Dedication Fees from commerical and industrial property is a policy decision of the City Council. He stated that park dedication fees can only be charged when property is subdivided or multiple principal buildings on a lot are approved in lieu of a subdivision. Mr. Rohlf recommended dropping park dedication for industrial and commercial property and keeping park dedication fees on multifamily parcels to send a positive message to potential businesses. Chairman Kimball opened the public hearing for all four of the issues. . e re Planning Commission Mintues September 25, 1990 Page 4 John Plaisted was opposed to the park dedication fee for commercial and industrial development. He stated that park dedication fees would be a detriment to commerical and industrial business coming to Elk River. After discussing this issue, it was the general consensus of the Planning Commission that Park Dedication Fees for commerical and industrial property should be dropped. This recommendation was made in an effort to send the proper message to prospective commercial and industrial developers that want to locate in Elk River. Chairman Kimball closed the public hearing. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL TO DROP THE PARK DEDICATION FEE FOR COMMERCIAL AND INDUSTRIAL, BUT KEEP THE PARK DEDICATION FEE FOR MULTIFAMILY PARCELS. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 7-0. Item 1 - When Should the City reauire commerical. industrial and multifamily lots to be nlatted? Staff is recommending that any time a commerical, industrial or multifamily parcel is created, it is done through the platting process. The Building and Zoning Administrator reviewed the pros and cons of the ordinance amendment. Staff is also recommending that existing lots not be required to be platted prior to development. After discussing this issue, the Commission was in agreement with staff. Item 2 - Mechanism for simnle lot snU ts - The Building and Zoning Administrator indicated that both the Planning Commission and Council directed staff to develop a simplified platting mechanism for simple lot splits. He explained that a simple lot split would be the creation of four or less lots with no new road right-of-way reviewed by the City Council only. He stated that the administrative subdivision process would be the procedure for simple lot splits. Staff is recommending adoption of the ordinance as it appeared prior to the ordinance amendment of June, 1990. John Plaisted stated that he would like to see the City go back to the simplified lot split. He further stated that because of the complicated process a lot of developers do not want to build in Elk River. Item 3 - No buildin.'t nermits shall be issued for the develonment of commercial. industrial or multifamily structures of four dwellin.'t units or more unless the nronerty is nlatted. Staff indicated that if the first two items are adopted Item 3 would be void and should be deleted from the ordinance. Chairman Kimball closed the public hearing COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL STAFF'S PROPOSAL ON ITEMS 1, 2 AND 3 AS STATED IN STAFF MEMO DATED 9/10/90. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 7-0. r---.... e . . Planning Commission Mintues September 25, 1990 Page 5 8. Discussion/Moratorium R~~ardin~ Adult Entertainment Tim Keane, City Attorney, stated that the City Council passed a resolution at their meeting on September 17, 1990 to extend the moratorium and study period for an additional 18 months. Mr. Keane summarized the five recommendations from his memo dated August 14, 1990. He stated that the City Council is recommending that the Planning Commission study this issue and further give staff direction if needed. Mr. Keane stated that the Planning Commission will be provided with a copy of the report "Attorney General's Working Group on the Regulations of Sexually Oriented Businesses" for their review. 8.5 Discussion of Trainin~ Manual Commissioner Johnson was requesting feedback on the training manual submitted to Commissioner VanValkenburg and Commissioner Bischoff. They both were in agreement that the training manual has been very helpful in preparing them for the job on the Commission. Chairman Kimball suggested that they attend the "Zoning Seminar" and "Beyond the Basics Seminar." 8.75 Workshop Related Items Chairman Kimball suggested that any books purchased by the Commission should be turned in to Janelle Szklarski to be placed in the reserve section of the library. Commissioner Eberley requested a rough draft of the cluster development ordinance for their Planning Commission Workshop meeting. It was decided that their next workshop would include information on how to review a site plan. 9. Adjournment There being no further business, COMMISSIONER BISCHOFF MOVED TO ADJOURN THE MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at approximately 8:50 p.m. Respectfully submitted, ~(l/r-(}i7 m~ Sharon Maue Recording Secretary