Loading...
10-23-1990 PC MIN ('---'" ~ MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, OCTOBER 23, 1990 Members Present: Chairman Kimball, Commissioners Eberley, Bischoff, Johnson, VanValkenburg and Nadeau. Commissioner Nadeau arrived at 7:07 p.m. Members Absent: Commissioner Schroeder 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 10/23/90 Planning Commission Agenda The following item was added to the agenda: 11. 5 - "Workshop Discussion and Miscellaneous Items." ~ COMMISSIONER EBERLEY MOVED TO APPROVE THE 10/23/90 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. r-' 3. Consider 9/25/90 Planning Commission Minutes Item #6 - Motion was changed to read 7-0. COMMISSIONER EBERLEY MOVED TO APPROVED THE 9/25/90 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER JOHNSON SECONDED THE MOTION. 'l'HE MOTION CARRIED 5-0. 4. planning Commission Representative to Attend 11/1~~0 City Co~n~ll Meeting Janelle Szklarski, Zoning Assistant, suggested that because four of the items are on the 10/29/90 City Council meeting, a representative should be present for both the 10/29 and 11/19 City Council meeting. This was added to Item 11.5 for discussion. 5. Consider Conditional Use Perron for AS~~J!!~lY-9f_Qg1i_QhlH'.~(PMQ.E!r~ FaciE ty) Public Hearing - ~ Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a conditional use permit to operate a licensed daycare faciIi ty for up to 100 children in the R-Ia zoning district. She stated that the proposed daycare facility would operate out of the Elk River Assembly of God Church located at 11800 196th Avenue. Ms. Szklarski reviewed staff's concerns as outlined in her memo, with traffic being the main concern. Staff felt that this could be handled if the number of children were limited. .~. e .. -,.~ e Planning Commission Minutes October 23, 1990 Page 2 Chairman Kimball reviewed the standards for a conditional use permit and the procedures for a public hearing. The applicants were not present for this issue. Tim Keane, City Attorney suggested opening the public hearing to take public comments. Mr. Keane stated that it was up to the Planning Commission to either make a recommendation to the City Council or continue the public hearing to the next regular scheduled meeting. Mr. Keane stated that it would be an inconvenience and disservice to the neighbors that were present not to continue this request. Staff suggested tabling this item to a later part of the meeting to see if the applicants would show up. It was the general consensus of the Planning Commission to proceed with this item even though the applicants were not present. Chairman Kimball opened the public hearing. Allan Fischer of 11946 196th Circle, stated that the applicants have graded off some land to make room for a playground area. They have made the assumption that this request is going to be approved. Mr. Fischer was further concerned with the clean-up of the property as nothing has been done about it. He felt this had an adverse affect on the neighborhood. Mr. Fischer felt that with the church's previous requests these conditions should have been dealt with. Janelle Szklarski stated that staff has not received any formal complaints until this meeting. She stated the applicants did talk to staff about putting in the playground to the west of the church. Brian Moran of 11957 196th Avenue, stated his major concern was with traffic. He stated that when the church has a function in the parsonage, the driveway cannot accommodate all the cars. He further stated that Lowell Street becomes a single lane of traffic and he was concerned with the deep ditches on both sides of the road. Mr. Moran raised the Question if anything could be done to prohibit this request. Tim Keane, City Attorney, stated that this request for a conditional use permit has to meet certain standards in order to be approved. Brian Moran suggested that the land they are using for the play area be used for a parking lot for the parsonage. Ken Williams of Brooklyn Park, stated that they own property close to the church and also own a lot on Brentwood Lane. Mr. Williams stated that he supported the residents that live there and felt that the main function of the church was primarily Sunday services and should not be a commercial business operation. Mr. Williams stated that he wanted to make sure that there would not be problems in the future if a 100 child daycare was allowed, as it is difficult to close down a facility with that many children, and there would be many unhappy parents. John Large of 19490 Lowell stated that since Brentwood was developed, there has been a lot of traffic. Mr. Large stated that there has been Planning Commission Minutes October 23, 1990 Page 3 -----, e a couple of accidents on 194thand Lowell this summer and he was concerned with the traffic and the number of children in the area. Mr. Large suggested a stop sign or speed bump be put on Lowell Street. Mr. Large was further opposed to the number of trailers on the church property. Chairman Kimball closed the public hearing. Tim Keane, City Attorney, stated that the Planning Commission has the option to continue the public hearing or close the public hearing. Mr. Keane suggested that if they close the public hearing some action should be taken. At this time the discussion was brought back to the Commission. Commissioner Nadeau felt that this item should not be continued as staff has done a good job of bringing the facts before the Commission. Continuation of the hearing would only prolong the issue. Commissioner Eberley concurred with Commissioner Nadeau except that she felt it was important for the applicant to be present and the Planning Commission would be doing them a disservice by not continuing the public hearing. . Commissioner Johnson stated that when this issue was before the Planning Commission in 1988, they were reassured that busing the children would cut down on the traffic. This request would be looking at a considerable increase in traffic for a 100 child daycare facility. Commissioner Johnson indicated that she would like to see a traffic study done for the area to alleviate some of the traffic concerns. Commissioner Johnson was also concerned with the site cleanup. Commissioner Eberley stated that there are traffic concerns that have not been adequately addressed and based on that, she felt that these concerns should be addressed before the Planning Commission could look at this issue. Steve Rohlf suggested there are ways to alleviate some of the traffic concerns by hav ing more parking on the parsonage site. He further stated that he concurred with Mr. Williams, that there would be traffic concerns with a 100 child daycare. He stated that in a residential neighborhood a 100 child daycare is a pretty intense business and it would be considered a commercial business even though it is a church function. Mr. Rohlf suggested that the number of children be limited if the Planning Commission approves this request. Commissioner VanValkenburg stated that he was concerned with approving the request until the applicants have cleaned up their site in order maintain the integrity of the neighborhood. . COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE APPLICANT'S REQUEST FOR A CONDITIONAL USE PERMIT FOR A 100 CHILD DAYCARE FACILITY IN THEIR EXISTING FACILITY. COMMISSIONER EBERLEY INCORPORATED STAFF'S MEMO REGARDING TRAFFIC CONCERNS IN THE NEIGHBORHOOD. COMMISSIONER EBERLEY ALSO RECOMMENDED THAT THE COUNCIL AUTHORIZE A ~JRTHER TRAFFIC STUDY IN THE EXISTING AREA TO ADDRESS SOME OF THE CONCERNS THAT HAVE BEEN EXPRESSED. THE PREVIOUS CONDITIONAL USE PERMIT SHOULD BE REVIEWED WITH SPECIAL ATTENTION TO THE HOUSEKEEPING AND COMPLIANCE WITH THE PREVIOUS STIPULATIONS INCLUDING THE STRIPING OF r-' e e 'e Planning Commission Minutes October 23, 1990 Page 4 THE PARKING LOT. THE RECOMMENDATION OF DENIAL WAS BASED ON THE FOLLOWING FINDINGS OF FACT: 1. THAT THE USE WOULD HAVE AN ADVERSE IMPACT ON THE SURROUNDING NEIGHBORHOOD DUE TO TRAFFIC AND THE COMMERCIAL NATURE OF THE USE. 2. THAT THE APPLICANTS ARE NOT IN COMPLIANCE WITH THE STIPULATION OF THEIR PREVIOUS CONDITIONAL USE PERMIT REQUEST. 3. RESIDENTS TESTIMONY REGARDING THE ADVERSE IMPACT ON PROPERTY VALUES AND MAINTENANCE OF THE RESIDENTIAL NATURE OF THE NEIGHBORHOOD. 4. SAFETY CONCERNS RELATING TO ADDITIONAL TRAFFIC IN RESIDENTIAL NEIGHBORHOOD. COMMISSIONER JOHNSON SECONDED THE REQUEST. THE MOTION CARRIED 6-0. 6. Consider Conditional Use Permit by Grace Ostien (Additional Metal S}{inD,ed Af!ric.~ltural Buildinf!) Public lIearinf! Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a conditional use permit to construct all, 160 sq. ft. metal-skinned detached accessory building on her property located at 20842 Concord Street. Ms. Szklarski stated that the reason the 2,000 sq. ft. limitation was placed on agricultural buildings is that larger buildings have a tendency to turn into home occupations. She stated t.hat a conditional use permit is required because the applicant already has a detached accessory structure and also, because the proposed building is larger than 2,000 square feet. Chairman Kimball opened the public hearing. Grace Ostien stated that the reason for her request is that she plans to use the building for her horses and a riding stable. She indicated that because of the cold weather in the winter and bugs in the summer it is impossible to work and train her horses outside. She stated that she felt she met the standards as far as the 300 ft. setback from any neighboring dwelling and also because the building would be on 20 acres. Ms. Ostien stated that she has talked to all her neighbors regarding this request and they do not have a problem with it. Ned McCarty of 328 Egert Boulevard, Coon Rapids, stated that he owned property in the area and was concerned with the size and aesthetics of the building. He further stated that he had a buyer for part of his property and he was also concerned with the size of the building in a residential area. Marilyn Van Patten stated that she was trying to sell a lot located next to property that has horses and was having difficulty selling the property because of the horses. The Planning Commission was concerned with the future use of the building if the property was sold. They were also concerned with the i . . Planning Commission Minutes October 23, 1990 Page 5 size of the building if the property were to be subdivided Chairman Kimball stated that he had talked to a number of professionals in the horse business and it was his understanding that Ms. Ostien was not bein~ unreasonable in asking for this size of an accessory building. Staff was also concerned with the future use of the building if the property were to be sold. Staff suggested that if the request is approved that a stipulation be placed on the maintenance of the building and that the lot remain as a 20 acre agricultural parcel. Mr. Keane stated that this request is for a substantially agricultural use in which Ms. Ostien has a 20 acre parcel. Tim Keane stated that wi th a request such as this, it would not be unreasonable to place a stipulation on the conditional use permit that the parcel remain as a 20 acre agricultural parcel. Chairman Kimball closed the public hearing. Steve Rohlf. Building and Zoning Administrator, stated that he was concerned with the number of horses because of the nitrates in the ground water. Ms. Ostien would be maxed out with 12 horses for a 20 acre parcel. Commissioner Nadeau stated that he would have a problem with this request if it were smaller than 20 acres, especially if it were subdivided into 2-1/2 acre parcels. This was also the general consensus of the Planning Commission. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO CONSTRUCT A METAL-SKINNED AGRICULTURAL ACCESSORY BUILDING 11.160 SQ. FT. IN SIZE BY GRACE OSTIEN SI'l'ING THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: 1. THAT THE PROPERTY SHALL REMAIN 20 ACRES IN SIZE AND IF THE PROPERTY SHOULD BE SUBDIVIDED THE METAL-SKINNED ACCESSORY BUILDING SHALL BE REMOVED. 2. THAT THERE BE NO MORE THAN TWELVE HORSES ALLOWED ON THE PROPERTY DUE TO NITRATE CONCENTRATION. 3. THAT THE CONDITIONAL USE PERMIT BE REVIEWED EVERY TWO YEARS WITH EMPHASIS PLACED ON THE MAINTENANCE OF THE BUILDING. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff referenced the following findings of fact: limiting the number of horses because of the nitrates contaminating he ground water and conserving adjacent property values by not allowing the property to subdivide as a building of this size is not an agricultural use for parcels less than 20 acres. 7. Q~nsider Conditional Use Permit by Jeff Lawson Metal-skinned Agricultural Building) PublicJt~fl,r.ing (M{!iti9Jl~l re . (e Planning Commission Minutes October 23, 1990 Page 6 Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a conditional use permit to construct a second detached accessory building on his property located at 22715 Baldwin Avenue. Mr. Lawson's property is a Ii ttle over 10 acres in size. The detached accessory building would be 1,200 sq. ft. in size and would be used for an agricultural use. Staff is recommending approval of the request for an additional accessory structure, as staff feels Mr. Lawson meets the seven standards for a conditional use permit. Chairman Kimball opened the public hearing. Jeff Lawson stated that he plans to use the building as a shelter for his horses. Chairman Kimball closed the public hearing. COMMISSIONER BISCHOFF MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT TO CONSTRUCT A METAL-SKINNED AGRICULTURAL ACCESSORY BUILDING 1,200 SQ. FT. IN SIZE BY JEFF LAWSON SITING THE SEVEN STANDARDS FOR A CONDI'I'IONAL USE PERMIT. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. CONSIDER ORDINANCE AMENDMENT (SECTIONS 90Jl.!J..2._"PERMI't'f.ED. ACCESSORY AND CONDITtm!:A1---11~E~}'_DI~T~JC'J''' AND 900. 20 "qENE~AJ._REGULATION~~Y THE..JRTY__<ll,?...ELK _R I YERII!.!H.!.. Steve Rohlf, Building and Zoning Administrator, explained the ordinance amendment as outlined in his memo dated 10/15/90. He stated that there are three considerations for the Planning Commission to consider: 1) language from the City of Zimmerman's Zoning Ordinance, which relates to the number of accessory buildings as to whether or not an attached garage is on the site 2) Should large agricultural buildings continue to be reviewed as a conditional use and 3) Should there be a mechanism to allow more than one non-agricultural accessory structure. Chairman Kimball opened the public hearing. Jeff Lawson of 22715 Baldwin Avenue, stated that he was being penalized for having an extra garage and because of the extra garage, he's had to pay an additional $150 to go through the conditional use process for a detached accessory building. Mr. Lawson felt that individual landowners should be notified of an ordinance change. Steve Rohlf, Building and Zoning Administrator, stated that it is impossible to give out individual notices. He indicated that notification is also a concern of the City. The City has considered using the City Newsletter as a mechanism to put people on notice of changes such as this. Arlan Scherber of 21139 York Street, stated that one of the reason they moved to Elk River was so they could have some land to build an out building for additional storage. He went on to explain that they had received a permit for a utility shed and at that time had checked into getting a permit for an additional 1,000 sq. ft. storage building. We ~, e .~ e .-.. e Planning Commission Minutes October 23, 1990 Page 7 were told that this would not be a problem. In the meantime, they cut down some oak trees to make room for the garage. Now, they were told that they can not build an additional garage because of the recent ordinance change. Ron Myhre of 10022 175th Avenue, stated he would like to see the ordinance change so they could keep their garage. He raised the question of how much storage is adequate for a home. Mr. Myhre indicated that they had built a smaller garage than what they wanted because of the setbacks as to avoid going through the variance process. Charles Naig of 20701 Elk Lake Road, stated that one of their out buildings had burned down and he was requesting to replace that structure. Mr. Naig stated that he owned 12 acres which consisted of a detached garage plus an additional out building. Steve stated that the city does nonconforming, grand fathered in non-conforming structure burns status. not have a mechanism to replace a structure if it burns down. If a down it loses it grandfathered-in After discussing this issue, the Planning Commission felt the ordinance was too restrictive especially in the rural areas based on the public's input. Steve Rohlf, B & Z Administrator, proposed a compromise based on the public's input and the Planning Commission's recommendation, which would allow larger agricultural and nonagricultural buildings, and would also allow additional agricultural and nonagricultural structures through the conditional use permit process as a conditional use. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CHANGES AS PROPOSED BY STAFF WHICH WILL BE SUBMITTED IN ORDINANCE FORM PASSED ON TO THE CI TY COUNC IL ( OCTOBER 29), SIT I NG STAFF'S MEMO DATED OCTOBER 15, 1990. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. ~o.nsiq~.r~..9nditlpnal U~e Permi t P.Y._Bg.K~_~ndriG.k~tQJ1---.U4di tignal, M~tat:.s..kiIHleJi--Acc~~orxJ3ui ldi.nKLPubl ig-1~~rl!l~ Janelle Szklarski, Zoning Assistant, stated that Mr. Hendrickson is requesting to exceed the 1,000 sq. ft. limitation of a non-agricultural accessory building by 1,300 sq. ft. She stated that under the current ordinance, only one detached accessory building is allowed. Additional agricultural accessory buildings are allowed as a conditional use, but no mechanism currently exists which allows additional nonagricultural accessory buildings. It was the general consensus of the Planning Commission to recommend approval of Mr. Hendrickson's request contingent upon the preceding ordinance being approved by the Council, which would allow parcels in the A-1 zoning district to have two detached accessory buildings and would also allow larger non-agricultural buildings through the conditional use permit. Chairman Kimball opened the public hearing. i . I. Planning Commission Minutes October 23, 1990 Page 8 Roger Hendrickson stated that he would be using the building for storage and that the building would be buffered from the neighboring residents. Chairman Kimball closed the public hearing. COMMISSIONER NADEAU MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY ROGER HENDRICKSON TO CONSTRUCT AN ADDITIONAL METAL-SKINNED ACCESSORY BUILDING SITING STAFF'S MEMO DATED 10/15/90 WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PERMIT BE SUBJECT TO A TWO YEAR REVIEW WITH EMPHASIS PLACED ON THE MAINTENANCE OF THE BUILDING. 2. THAT THE PROPOSED STRUCTURE WILL NOT BE USED FOR A BUSINESS BUT WILL BE USED FOR STORAGE ONLY. 3. THAT APPROVAL OF THIS REQUEST IS CONTINGENT UPON ADOPTION OF THE ORDINANCE AMENDMENT WHICH ALLOWS LARGER NON-AGRICULTURAL ACCESSORY STRUCTURES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. A ten minute recess was taken at this time. 10. Consider Zone Chan~e ReQuest by Earl Hohlen/Public Hearin~ Steve Rohlf, Building and Zoning Administrator, stated that Mr. Hohlen's property is currently zoned R-2b, which accommodates multifamily up to four units per building and R-Ic, which accommodates single family residential with city sewer and water. He stated that the land use designation is currently MR/Medium Density Residential, which is consistent with the two zoning classifications. Mr. Hohlen is requesting that his property be rezoned to R-3 to accommodate a trailer park. He felt that when his property was reviewed in the recent Focus Area Study, there was not enough consideration given to relocating the trailer park. Chairman Kimball opened the public hearing. Mr. Hohlen stated that the older homes are gradually moving out and being replaced with newer homes more residential in nature. Steve cautioned the Planning Commission not to only consider the proposed use but all the uses that would be allowed under the R-3 zoning designation. Commissioner Johnson read the Statement of Purpose for the R-3 zoning designation. Commissioner Eberley reviewed the permitted and conditional uses for the R-3 zoning. Commissioner Johnson suggested zoning the parcel a PUD rather than R-3. According to our ordinance PUD is recommended for this type of use. e e e Planning Commission Minutes October 23, 1990 Page 9 Steve Rohlf stated that the land use designation would have to be changed to reflect the purpose of the PUD. He stated that by zoning the parcel PUD, it would be limited to the trailer court and not everything under the R-3 zoning. Mr. Hohlen indicated he would not be opposed to rezoning the parcel PUD. Steve Rohlf, Building and Zoning Administrator stated that he was not opposed to a PUD, however, to rezone a property PUD you should have a plat and the development proposal to review. He indicated the land use map would have to be changed to reflect the purpose of the PUD. and Mr. Hohlen would have to come back in with a plat and the proposal for the trailer park. Chairman Kimball closed the public hearing. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE FROM R-2B AND R-IC TO PUD WITH THE FOLLOWING STIPULATIONS: THAT THE LAND USE MAP BE AMENDED TO HR/HIGH DENSITY RESIDENTIAL AND THAT THE CITY COUNCIL PASS A RESOLUTION ADDING THIS PROPERTY TO THE URBAN SERVICE DISTRICT, BASED UPON THE FOLLOWING FINDINGS OF FACT: 1. ACCORDING TO OUR ORDINANCE, PUD IS RECOMMENDING FOR THIS TYPE OF USE 2. BECAUSE THE HR LAND USE IS CONSISTENT WITH THE FOCUS AREA STUDIES WHICH IS PART OF THE CITY'S COMPREHENSIVE PLAN 3. BECAUSE NOT ENOUGH THOUGHT WAS GIVEN DURING THE FOCUS AREAS STUDIES TO ACCOMMODATE THE NEED FOR THIS TYPE OF HOUSING COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve informed Mr. Hohlen that a conditional use permit must be applied for to allow the trailer court. 11. Consider Zone Chan~e ReQuest by Elroy Cornelius/P.H. Steve Rohlf, Building and Zoning Administrator, stated that the applicant is requesting a zone change from R-Ib/Single Family Residential and R-Ic/Single Family Residential to R-2b/Townhouse and multifamily residential. He further stated that because property lines were inaccurate on the city base map, a small portion of Mr. Cornelius's property was inadvertently left zoned R-lb. Staff cautioned the Planning Commission to consider all uses allowed in the R-2b zone. Mr. Cornelius is intending to put fourplexes instead of single family homes on the property. Chairman Kimball opened the public hearing. e te '~ Planning Commission Minutes October 23, 1990 Page 10 Marilyn Van Patten indicated that she was present to represent the peti tioner who was out of town. She stated that they do have an interested party who wishes to develop some sort of senior citizen townhouses. She felt that multifamily would be a better use than the single family as it would buffer the single family from the commercial. Commissioner Johnson read the Statement of Purpose for the R-2b zoning classification. Staff felt that the Statement of Purpose fits the area and was in favor of the request. Chairman Kimball closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE REQUEST TO R-2B SITING THE FINDINGS OF FACT THAT IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND STATEMENT OF PURPOSE. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11.5 Worksho~ Discussion It was suggested that the book "Job of the Planning Commissioner" and "Education Workshop Opportunities" would be discussed at the November workshop meeting. It was indicated that Commissioner Bischoff would attend the October 29th City Council meeting and Commissioner Nadeau would attend the 11/19 City Council meeting. 12.Adjournment There being no further business, COMMISSIONER JOHNSON MOVED TO ADJOURN THE MEETING. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 11: 10 p.m. Respectfully submitted, Sh tVUJ1{J Yn~ Sharon Maue Recording Secretary