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01-24-1989 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 24. 1989 Members Present: Vice Chairman Kimball. Commissioners Fuchs. Johnson. Schroeder and Morton. Commissioner Olsen arrived at 8:20 p.m. Members Absent: None Staff Present: Stephen Rohlf. Building and Zoning Administrator; Steven Bjork, 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. Consideration of 1/24/89 Planning Commission Agenda Commissioner Johnson requested that Item 8.5 - "Enforcement of Sign Ordinance" be added to the agenda. Commissioner Fuchs requested that Item 10.5 "1989 Review of Planning Commission Goals" be added to the agenda. COMMISSIONER FUCHS AGENDA AS AMENDED. CARRIED 5-0. MOVED TO APPROVE THE 1/24/89 PLANNING COMMISSION COMMISSIONER JOHNSON SECONED THE MOTION. THE MOTION 3. Consideration of 12/20/88 Planning Commission Minutes The following changes were made to the 12/20/88 Planning Commission Minutes. Page 3 Item /14 - Stipulation /11 should read "Park Dedication of 2.5 acres with fence constructed by the contractor as well as paving for the parking area by the contractor. Page 5 motion. - Item /16 - add to motion that. "Commissioner Olson seconded the The motion carried 6-0. Page 6 - Item /17 - add to the motion "The motion carried 4-1-1". COMMISSIONER FUCHS MOVED TO APPROVE THE 12/20/89 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Rep1atting of Block 2. Barrington Place PUD and Conditional Use Permit (Barrington Place Estates)/Public Hearing Zoning Assistant, Steven Bjork. indicated that the First National Bank of Elk River is requesting a replat of Block 2, Barrington Place from Townhomes to Single Family Cluster Homes. The proposed plat calls for nineteen cluster homes. The Planning Commission must decide whether or not the site is capable of handling nineteen homes. Since the property is located within a PUD, dimensional regulations may be modified. The preliminary plat review is actually a conditional use permit since the plat does lie within a PUD. Page 2 Planning Commission Minutes 1/24/89 . Mr. Gary Santwire, representing the First National Bank of Elk River showed four different prints representing the plat; original plat showing existing plat as recorded with the County, proposed plat showing the 19 lots to be developed, proposed plat showing trees, shrubs, plantings, driveway and etc. and drainage plan. Mr. Santwire further indicated that the plat would consist of two trees per building site with 6 to 8 shrubs per building. This would total approximately 40 trees and 100 shrubs for this development. The homes would be in the $60,000 to $70,000 bracket. We need to have 19 lot density to make this development feasible. Vice Chairman Kimball opened the public hearing. At this time, Vice Chairman Kimball read the seven standards for a conditional use permit. Vice Chairman Kimball noted he had received a letter from First National Bank of Elk River explaining that this was a less intensive use than what was originally planned. They felt the proposed 19 single family residential lots is as good or better than the 32 units of townhouse that has been currently approved. . Mr. Carl Miller of 708 Auburn Place would like to see this area single family homes rather than townhouses. Mr. Miller was concerned about the elevation of the lots and questioned ownership of the holding pond and who has the responsibility of maintaining this pond. Stephen Rohlf, Building and Zoning Administrator, explained that the City has a number of holding ponds in the City. The lots abutting these holding ponds may maintain these ponds. They cannot reduce the holding capacity of the pond. In a utility easement or sewer easement grass can be planted, but not trees. Trees can be planted in a drainage easement. Greg Davis of 801 rather see single right for this area. Fawn Road was in support of the request as he would family than townhomes. He felt townhomes were not Tom McNair of the First National Bank of Elk River felt this area was not economically feasible to be made into a park. They would like to see this area single family homes. He felt just because the homes are small does not mean they cannot be well built and look nice. Vice Chairman Kimball closed the public hearing. . Stephen Rohlf, Building and Zoning Administrator, noted that staff was in approval of the cluster homes concept. Staff had no problems with setbacks as we are stuck with the lay of the land as was originally platted. Staff does have a problem with lots 2 and 3 because of the double frontage. The main concern of these types of lots is addressing and access. Double frontage lots may also have to pay double assessment. Staff also has a problem with lot 1 because of the triple frontage. Triple frontage lots of this size are very undesirable and tend to be a safety concern. . . . Page 3 Planning Commission Minutes 1/24/89 Commissioner Johnson was also concerned with the double and triple frontage lots. Commissioner Johnson further felt that Lots 4 and 5. Block 1 have only 25 ft. fronting on 6-1/2 Street. Lots 4. 5. 6. and 7. Block 1 were also very small lots. Commissioner Fuchs questioned the scale used for the drawings of the plat. He felt uncomfortable with the driveways. Mr. Santwire explained that the driveways were 12 ft. wide at the street. flared out at the building. determined by a single or double garage. Commissioner Fuchs felt that there was only two standards for a conditional use that the petitioner met. Commissioner Fuchs was in agreement with the concept of single family homes but felt there were too many homes in that small area. Commissioner Fuchs further indicated that he was concerned about the lots with double and triple frontage. Commissioner Morton concurred with Commissioner Fuchs that there were too many home in that small of an area. Commissioner Morton did support single family homes in the area. Commissioner Morton further indicated he was concerned about the double and triple frontage lots. Commissioner f ami! y homes lots proposed. Schroeder indicated that he had a preference for single over townhouses. He would rather see 16 lots than the 19 COMMISSIONER rUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE REQUEST FOR THE CONDITIONAL USE PERMIT FOR THE REPLATTING OF BLOCK 2. BARRINGTON PLACE/PUD BY THE FIRST NATIONAL BANK OF ELK RIVER BECAUSE OF TOO MANY UNITS PROPOSED FOR THE PLAT. DOES NOT MEET STANDARD S 1. 2 AND 7 FOR A CONDITIONAL USE, ALSO LOT SIZE IS TOO SMALL AND ADDITIONAL TRAFFIC FLOW IN THE AREA. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-1. COMMISSIONER OLSEN VOTED NAY. 5. Consider Zone Change Request by Erwin Specht/Public Hearing Stephen Rohlf. Building & Zoning Administrator. indicated that Erwin Specht is requesting a zone change on this parcel from I-1/Light Industrial to C-3/Highway Commercial. This property was recently identified in the City's Growth Management Plan as a potential industrial area and was recently zoned I-1. Staff was in approval of the C-3 zone change. Stephen Rohlf explained the three reasons for legally approving a zone change request; compatibility with Comprehensive Plan. change in circumstances since plan was adopted or error when plan was adopted. Vice Chairman Kimball opened the public hearing. Erwin Specht of 16330 Highway 10 explained that Saxon interested in buying the property to erect a new building. reason he was requesting a zone change. Motors was This was the . . . Planning Commission Minutes 1/24/89 Page 4 At this time. Vice Chairman Kimball reviewed a letter submitted by Cargill Research Farm indicating that the buyers should be made aware that Cargill does spread animal waste on their fields and adjacent property and will continue to do so. Vice Chairman Kimball closed the public hearing. Commissioner Fuchs was in agreement with the zone change request. Commissioner Fuchs feels the property was suitable to C-3 zone. Vice Chairman Kimball felt the uses were in compliance with other zones. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE REQUEST FROM I-l/LIGHT INDUSTRIAL TO C-3/HIGHWAY COMMERCIAL BECAUSE OF AN ERROR WHEN THE COMPREHENSIVE PLAN WAS ADOPTED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER FUCHS MOVED TO AMEND THE LAND USE MAP TO HB/HIGHWAY BUSINESS TO REFLECT THIS ZONE CHANGE. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Consider Conditional Use Permit Request by Apostolic Revival Church/ Public Hearing Steve Bjork. Zoning Assistant indicated that Apostolic Revival Church is requesting a Conditional Use Permit to locate a church within the R-la zone. Churches are classified as institional uses under the new Elk River Code of Ordinances. He noted that the applicant is proposing three separate phases for the development of this property. The first phase calls for a 40 x 78 ft. structure. The second phase for an additional expansion on the north and additional expansion on the west portion of the building. Vice Chairman Kimball opened the public hearing. Mike Hanson was present and indicated they are in agreement with all eight stipulations developed by staff. Vice Chairman Kimball closed the public hearing. Landscaping and traffic were discussed. The Planning Commission recommended additional landscaping or berming along the east property line to help screen car headlights from the adjacent property. They further recommended that the trees adjacent to the driveway be moved to provide a better sight triangle for the access drive. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY APPROVAL FOR A CONDITIONAL USE PERMIT REQUEST BY APOSTOLIC REVIVAL CHURCH AS THEY MElT THE SEVEN STIPULATIONS FOR THE CONDITIONAL USE PERMIT WITH STIPULATION NO. 3 IN STAFF I S MEMO TO READ AS FOLLOWS: ADDITIONAL BERMING AND OR LANDSCAPING WILL BE PROVIDED ALONG THE EAST SIDE OF THE PROPERTY TO HELP SCREEN ADJACENT LOTS FROM CAR HEADLIGHTS. PLANTINGS ADJACENT TO THE ACCESS DRIVE SHALL BE MOVED TO PROVIDE FOR A BETTER SITE TRIANGLE. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRED 6-0. . . . Page 5 Planning Commission Minutes 1/24/89 7. Ordinance Amendment and Conditional Use Permit Request by Pat Cherney/Public Hearing Zoning Assistant, Steven Bjork, indicated that Pat Cherney is requesting a Conditional Use Permit to operate an on going auction sales facility. This use would be similiar in nature to retail sales. If this amendment is approved, auction sales would then be classified as a Conditional Use in the C-3/Highway Commercial zone. Staff has had a number of discussions with the City Attorney concerning this matter. The Attorney felt that it was appropriate to have auction sales as a Conditional Use. Steve Rohlf, Building and Zoning Administrator, explained the license for auction sales. The reasoning behind this is that once a Conditional Use Permit has been granted, the permit stays with the land and does not become void if the applicant sells the property to another individual. The license would give the City more control over the auctioneer. If problems occur with the operator, the City would have the option of revoking their license. Vice Chairman Kimball opened the public hearing. Mr. Pat Cherney was present for this issue. He explained that they are proposing to have periodic auctions (approximately one a week). The auctions sales would have a maxium capacity of about 30 people. Vice Chairman Kimball closed the public hearing. A lengthy amount of time was spent on discussion of outside storage. A concern staff had was that many auction sale facilities tend to store items outside until they are sold. COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR AN ORDINANCE AMENDMENT ALLOWING AUCTION SALES IN THE C-3 ZONE AND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST WITH THE FOLLOWING STIPULATIONS AS OUTLINED IN STAFF'S MEMO: 1. TUB SITE MUST PROVIDE 15 OFF STREET PARKING STALLS TO BE HARDSURFACED AND STRIPED AND NO PARKING ON ADJACENT LOTS OR STREETS. 2. NO STORAGE OF SALE ITEMS WILL BE STORED OUTSIDE EXCEPT OCCASIONAL SALE ITEMS TOO LARGE FOR STORAGE INSIDE OF BUILDING. THESE ITEMS ARE TO BE STORED FOR FOUR DAYS ONLY ON SITE. 3. THAT NO SALES OF LIVESTOCK OR DOMESTIC ANIMALS SHALL BE ALLOWED ON THE SITE. 4. IN THE EVENT THAT PARKING BECOMES A PROBLEM THE CITY WILL REQUIRE ADDITIONAL PARKING STALLS~ 5. HOURS OF OPERATION SHALL BE FROM 8:00 A.M. TO 9:00 P.M. 6. THAT THE PROPOSED USE MEETS ALL BUILDING CODE REQUIREMENTS. . . . Planning Commission Minutes 1/24/89 Page 6 '1. Tim CONDITIONAL US! PERMIT SHALL BE SUBJECT TO A SIX MONTH AND ONE YEAR REVIEW. 8. THI OPERATION SHALL OBTAIN A LICENSE FROM THE CITY FOR AUCTION SALES. g. THI OPERATION SHALL COMPLY WITH ALL OTHER CITY. STATE. AND FEDERAL REQUIREMENTS REGULATING THI S TYPE OF ACTIVITIY. 10. THAT SIGNAGE IS TO CONFORM TO CITY CODE. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Consider Ordinance Amendment for Mini-Storage in R-3/R-4 Zone/Public Hearing Zoning Assistant. Steven Bjork. explained that this use was not included when the new zoning ordinance was adopted. This use is being considered as a Conditional Use both in the R-3 and R-4 zones. Steve Rohlf. Building & Zoning Administrator. indicated that the rationale for this type of use being allowed in the R-3/R4 zones is that apartments are located within these zones. Apartment complexes generally do not provide enough storage space for the residents. Staff is recommending that these types of storage facilities be classified as "Mini Storage" with a definition developed describing this use. COMMISSIONER MORTON MOVED TO APPROVE AN ORDINANCE AMENDING SEerION 900.12 TO ALLOW MINI STORAGE AS A. CONDITIONAL USE IN THE R-3/R-4 MULTI-FAMILY RESIDENTIAL DISTRICTS. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8.5 Enforcement of Sign Ordinance Commissioner Johnson questioned the portable sign at the Liquor Store. Steve Rohlf. Building & Zoning Administrator. explained that this sign will be removed January 30. 1989. This was an error on staff's part and resulted from a misrepresentation by Skog1and Sign. Staff will be tightening up on illegal signs as we have more time to deal with these issues. 9. Environmental Update St eve on the confident Rohlf. Building & Zoning Administrator. updated the Commissioners on going environmental issues within the City. Staff feels with our Environmental Consultants. Liesch and Associates. Vice Chairman Kimball appreciated staff's time and effort regarding these issues. 10. Date of Meeting to Consider Landfill's Application Regarding Ash. Steve explained that this meeting was tentatively set for February 28. 1989 Planning Commission meeting to hear the Landfill's application regarding ash. . . . Page 7 Planning Commission Minutes 1/24/89 10.5 1989 Review of Planning Commission Goals It was the consensus of the Planning Commission that they would like a work session to discuss the Planning Commission goals. No tentative date was set. COMMI SSIONER FUCHS MOVED TO APPOINT COMMISSIONER MORTON SECONDED THE MOTION. PETER KIMBALL AS CHAIRMAN. THE MOTION CARRIED 6-0. COMMISSIONER SCHROEDER MOVED TO APPOINT COMMISSIONER KIMBALL SECONDED THE MOTION. BOB MORTON AS VICE CHAIRMAN. THE MOTION CARRIED 6-0. 11. Planning Commission Representative to Attend February 13, 1989. Counc i1 Meeting on It was indicated that Commissioners Johnson and Morton would attend the February 13, 1989 City Council meeting to be held at the Community Education Center. 12. Adjournment There being no further business, COMMISSIONER OLSEN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 10:50 p.m. Respectfully submitted, ~"h tt/l(JV rn {Ll~(z./ Sharon Maue Recording Secretary