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06-27-1989 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY. JUNE 27. 1989 Members Present: Chairman Kimball. Commissioners Johnson. Eber1ey. Morton and Fuchs Members Absent: Commissioner Schroeder 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. by Chairman Kimball. 2. Consider 6/27/89 Planning Commission Agenda Items added to the agenda: 12.5 Staff Report; 13 Workshop Session 3. Consider 5/23/89 Planning Commission Minutes Page 4. Item #7. the motion carried 5-0. Page 5, Item #8. the motion was seconded by Commissioner Fuchs. The motion carried 6-0. Page 6 , Item /19 first paragraph. change the last word of the paragraph from "findings" to "standards". Page 7 . Item /19. Commissioners Olson and Schroeder voted against the motion. Page 9 add the test motion. the motion carried 6-1 with Commissioner Olson voting against the request. 4. Zone Change Request by Faith Fellowship Church/P.H. At this time Chairman Kimball read the procedures for public hearings. Steve Bjork. Zoning Assistant explained that Faith Fellowship Church is requesting a zone change from PUD to C-3/Highway Commercial for property that they own. Mr. Bjork explained that the City can only consider a zone change for a piece of property if one of three standards are met. These standards are: 1. Has there been an unanticipated change that has occurred in the City that would necessiate the zone change? 2. Was there an error in zoning this parcel? 3. Is the request consistent with the Comprehensive Plan? Mr. Bjork explained that the property in question appears to meet Item #2 in that the property was inadvertently zoned as a PUD when the Barrington Place PUD was developed. The property in question also is at the intersection of three land use classifications. Therefore, the zone change request may be consistent with the Comprehensive Plan. Mr. Bjork also explained the pros and cons of different zoning classifications that could be permitted for this parcel of land. Stephen Rohlf. Building and Zoning Administrator explained that the zone change request is legitimate. The property was inadvertently zoned as a PUD. Therefore. this property should be given a different zoning classification. Mr. Rohlf explained that great care should be given in considering a proper zoning classification for this property. Planning Commission Minutes June 27, 1989 . Ray Koh1nhofer of 542 Auburn Place questioned why the property could not be developed as single family or townhouses. Chris 01berg of 101 6th Street questioned the market value of the properties. Mr. Rohlf indicated that was not within the City's expertise. Mr. 01berg questioned whether or not the zone change was consistent with the Comprehensive Plan. Mr. Bjork indicated that the property was at the intersection of three land use classifications with Highway business being one of them. Since it was at the intersection, staff felt that the request may be consistent with the Comprehensive Plan. Mr. 01berg also questioned whether it was possible to rezone the parcel to several zoning classifications. Stephen Rohlf indicated that the City has discussed the possibility of different zone classifications with the church. He further explained that there is the chance that this parcel could be changed to different zoning classifications. Chairman Kimball opened the public hearing. Sheldon Vie of 540 B Auburn questioned why developed similar to Presidential Estates. Presidential Estates was within a Planned property in question could not be developed the minimum 20 acres required to be a PUDlo this property could not be Staff indicated that Unit Development and the as a PUD. (It is less than . Pastor Bunker of Faith Fellowship Church indicated that the church feels that it is time that they should move on. The church would like to find the right combination for this property. Pastor Bunker indicated that the church would be willing to go to a compromise with the C-3 and C-2 zoning classifications. Greg Prosterick of 11382 205th Avenue stated that he was in favor of the zone change request. Sheldon Vie appropriate was not in Mr. Vie also Poo. indicated that he did not feel the entire parcel would be for the C-3 zoning classification. He also stated that he favor of establishments serving alcohol being in this area. questioned why this property could not be developed as a Ray Koh1nhofer felt the area was more residential in nature. He also indicated that the commercial activity was along Dodge Avenue and no commercial activity took place off of Auburn Avenue. Mrs. 01berg was concerned about the increase in traffic and the potential of on Street parking. She also stated that she would not be in favor of commerica1 next door to her property. . Mrs. Koh1nhofer felt that the proposed zone change would decrease the property values in the area. Greg Prosterick did not feel that the proposed zone change would have a negative affect on property values. 2. . . . Planning Commission Mintues June 27, 1989 Kathryn Benson of 540 A Auburn Place was concerned that the property values in the area would decrease. Gerald Knapp of taking place in potential traffic 115 5th Street was concerned with commercial activities this area. Mr. Knapp was also concerned with the problems generated by the developed of this site. Mike Skoquist of 105 5th Street was concerned with the traffic in this area. Mary Miller of 540 C Auburn Place was concerned with the density of residential development in this area. Ms. Miller was also concerned with the amount of traffic in this area. Greg Prosterick stated that high density residential will create more traffic than what is presently taking place on this site. Dick Enstad of 18801 property. He indicated do nothing with. He property. Zumbro stated that he was the realtor for this that this piece of property was too expensive to stated that something will be done with this Kathryn Benson berm could be development on of 540A Auburn Place questioned installed on the east property this property. whether plantings and a line to help screen any Tim West zoning. He nature. of 19757 further Irving stated indicated that this that he was in favor of the C-3 area is currently commercial in Commissioner Eberley stated being developed as C-3. compromise for this parcel. that she was not in favor of the entire area She stated that she would consider the Mrs. Cone stated that when she purchased her townhouse, she did not forsee this area being developed as commercial. At this time Chairman Kimball closed the public hearing. Commissioner Fuchs stated that he was not in favor of the C-3 zoning classification. He felt that the C-2 zoning classification on the west portion of property and townhouses on the east portion would be more appropriate. Commissioner Johnson also zoning classification. She residential on the east side stated that she was not in favor of the C-3 stated that she would be in favor of of the property. Commissioner Morton was in agreement with Commissioner Fuchs and Johnson. He indicated that this property currently has poor access. He also felt that the C-3 zoning classification wasn't appropriate. 3. . . . Planning Commission Minutes June 27, 1989 Commissioner Kimball stated that he was against the entire parcel being rezoned as C-3. He felt that a mixed land use for this property would be appropriate. Commissioner Kimball also stated that he was concerned with the road situation in this area. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE ZONE CHANGE REQUEST FROM PUD TO C-3 HIGHWAY COMMERICAL. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 5-0. At this time Commissioner Eber1ey stated that a combination of zoning classifications may be appropriate. She stated that she could see this parcel being zoned as C-2 or a combination of C-2 on the west portion and a residential classification on the east portion. Commissioner Fuchs felt that there should be residential along Auburn Street. Commissioner Morton felt that the residential mix would be appropriate. Auburn would be disruptive. C-2 zoning classification and a He felt that commercial traffic on Commissioner Johnson and Chairman Kimball concurred with the statements brought up by the other commission members. It was the general consensus of the Planning Commission that there should be a commercial zoning classification for the western portion of this property and residential zoning classification on the eastern portion. 5. Conditional Use Permit Request by Faith Fellowship Church/P.H. Steven Bjork explained that Faith Fellowship is requesting a conditional use permit to construct a church on property located just to the south of intersection of County Road 33 and Highway 169. Mr. Bjork explained that the proposal appears to meet all City Code requirements. There was some concern with ingress and egress for the site. The applicant will need to provide the City with a statement from MnDOT concerning a crossover for Highway 169 for the proposed use. At this time Chairman Kimball opened the public hearing. Greg Prosterick of 11382 205th Avenue stated that he was a neighbor of this project and that he was not opposed to the construction of this church. He also mentioned that the City recently approved a conditional use permit for another church just north of this property. There being no further testimony, the public hearing was closed at this time. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY FAITH FELLOWSHIP CHRUCH BASED ON THE SEVEN STANDARD S IN STAFF I S MEMO AND THE FOLLOWING STIPULATIONS: 1. FINAL GRADING AND DRAINAGE PLAN SHALL BE APPROVED BY CITY ENGINEER. 2. THE APPLICANT SHALL OBTAIN ALL NECESSARY PERMITS FROM MNDOT. 4. . . . Planning Commission Minutes June 27. 1989 3. ANY FUTURE EXPANSIONS OF THE CHURCH WILL REQUIRE REVIEWAL BY THE CITY. 4. THE DEVELOPMENT OF THE SITE SHALL MAINTAIN AS MUCH VEGETATION AS POSSIBLE. NATURAL 5. THE CONDITIONAL USE PERMIT REQUEST I S SUBJECT TO A TWO YEAR REVIEW. (0791) COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Site Plan Review for the Expansion of Hagen's County Market/P.H. Steve Rohlf. Building and Zoning Administrator explained that County Market had recently received site approval for a new addition. Since that time the site plan has changed. Dave Wolff representing the Elk River Mall explained that the new request would eliminate the parking and replace it with green space. Steve Rohlf. Building and Zoning Administrator explained that staff is recommending approval of the site plan with the original stipulations except for the two stipulations that dealt with the parking. It was the consensus of the Planning Commission that the green space was more desirable than the parking. Commissioner Johnson stated that she would like to see more quality green space at the mall. Dave Wolff stated that he would talk to the mall concerning the landscaping situation and the pot holes on the site. Commissioner Morton also questioned the can recycler at the County Market. He stated that the recycler is currently inoperable. Staff will work with the owners of Hagen's County Market for a better location of the recycler center. There was considerble discussion concerning the can recycler center. COMMISSIONER FUCHS MOVED TO RECOMMEND COMMISSIONER EBERLEY SECONDED THE MOTION. APPROVAL OF THE SITE THE MOTION CARRIED 5-0. PLAN . 7. Conditional Use Permit for Used Cars by Car Heaven/P.H. Steve Bjork. Zoning Assistant explained that Car Heaven is requesting a conditional use permit to operate a used car sales at this site. This operation currently is considered a grandfathered in business. This operation sells late model repairables. Mr. Bjork stated that there was concern with ingress and egress to this site and traffic flow on the site. Problems with these matters has arisen due to the erection of a fence across a 66 ft. easement by Trailer King. The Fire Chief also indicated that a fence cause a problem with servicing of this site. 5. . . . Planning Commission Minutes June 27, 1989 There is also some question as to the appropriate surfacing material for this site. Staff indicated that crushed bituminous may be an appropriate substitute for bituminous or concrete. There is also some question as to the sewage disposal system for this site. Staff indicated that the applicant was willing to install a sewage disposal system that meets City Code. At this time, Chairman Kimball opened the public hearing. Jim Henry of Car Heaven stated that there has been legal action taken concerning the placement of the fence. He stated that the fence will probably be removed. Dave Gra1ke of Car Heaven stated that the construction of the new building will upgrade this site. Tom Baillargeon of 9744 Highway 10 stated that the easement across the front of the properties is a private easement. He stated that there has been legal action taken to remove this fence. Mr. Baillargeon also questioned drainage of the site. He stated that he does not want any drainage flowing onto his property. At this time, Chairman Kimball closed the public hearing. Commissioner Fuchs felt that this would be an improvement to the site. It was his consensus that the conditional use permit should be approved. At this time, discussion was held concerning possible stipulations for this operation. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY CAR HEAVEN BASED UPON THE SEVEN STANDARDS AS OUTLINED IN STAFF'S MEMO WITH THE FOLLOWING STIPULATIONS: 1. ALL STRUCTURES SHALL MEET BUILDING CODE. 2. ALL OUTDOOR STORAGE SHALL BE ENCLOSED AND MAINTAINED IN THE REAR OF THE BUILDINGS. 3. VEHICLES STORED ADJACENT TO HIGHWAY 10 SHALL BE KEPT AT A MINIMUM. THE FRONT PORTION OF VEHICLES SHALL BE DIRECTED AWAY FROM HIGHWAY 10. 4. THE BACKING UP OF VEHICLES SHALL BE KEPT TO A MINIMUM ALONG THE 66 FT. ROAD EASEMENT. NO BACKING OF VEHICLES SHALL BE PERMITTED ONTO CLEVELAND STREET. 5. NO WASHING OR DEGREASING OF VEHICLES SHALL BE ALLOWED OUTSIDE. ALL WASH WATER MUST BE TREATED BY AN APPROVED SEWAGE DISPOSAL SYSTEM. 6. THE APPLICANT MUST INSTALL A SEWAGE DISPOSAL SYSTEM THAT MEETS CITY CODE. 7. THE SITE SHALL MAINTAIN FIRE LANES ON ALL SIDES OF THE BUILDINGS. 6. Planning Commission Minutes June 27. 1989 . 8. 9. 10. ll. 12. 13. 14. 15. 16. NO PARKING OF VEHICLES SHALL BE PERMITTED ON ANY GREEN SPACE. BARRIER SHALL BE INSTALLED TO PREVENT VEHICLES FROM DRIVING ACROSS THE SEWAGE DI SPOSAL SYSTEM. REMOVE THE EXISTING WOOD FENCE ON THE SOUTH PROPERTY LINE. SURFACING OF THE PARKING AREA SHALL BE WITH CRUSHED BITUMINOUS. THE SITE SHALL MAINTAIN A 10 FT. GREEN SPACE ADJACENT TO THE HIGHWAY RIGHT-OF-WAY AND THE AGRICULTURAL PROPERTY TO THE SOUTH. ADDITIONAL LANDSCAPING SHALL BE PROVIDED ON THIS 10 FT. GREEN SPACE. THE SEWAGE DISPOSAL SYSTEM SHALL HAVE A FLAMMABLE WASTE TRAP INSTALLED. REMOVE THE SEMI TRAILER LOCATED TO THE SOUTH OF THE EXISTING STRUCTURE . REALIGN THE FENCE ON THE TRAILER KING PROPERTY TO ALLOW VEHICLES TO BACK UP THE 66 FT. EASEMENT. 17. THE FINAL DRAINAGE PLAN FOR THE SITE SHALL BE APPROVED BY THE CITY ENGINEER. . 18. THE CONDITIONAL USE PERMIT SHALL BE SUBJECT TO A TWO YEAR REVIEW. (0791) 19. THAT ONE HUNDRED PERCENT (100%) OF THE BUILDING FRONT BE EITHER CEDAR AND/OR BRICK. THE REMAINING SIDING SHALL BE BAKED ENAMEL. THE BUILDING SHALL ALSO HAVE A PITCHED ROOF. 20. ESTABLISH AND MAINTAIN TO AS GREAT A DEGREE AS POSSIBLE ALL GREEN SPACE AND THE NATURAL ENVIRONMENT. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Fuchs also requested that the following items be included on the site plan prior to the City Council meeting. . l. Location of trash receptacle. The trash receptacle shall also be screened. 2. Location of the eight required off street parking stalls. 3. Show the location of the 20% minimum green space. 4. Show the location of the proposed sewage disposal system. 7. . . . Planning Commission Minutes June 27. 1989 8. Site Plan Review of Expansion of McDonald's Parking Lot Craig Barnes representing McDona1ds indicated that the expansion of the parking lot would be to accommodate vehicles pulling trailers and boats. There was discussion concerning the screening of head lights for the property to the east. COMMISSIONER MORTON MOVED TO RECOMMEND APPROVAL OF THE SITE PLAN WITH THE FOLLOWING STIPULTIONS: 1. THAT THE GREEN SPACE IS PLANTED WITH GRASS. TREES AND SHRUBS. 2. THAT THE LIGHTING ON THE SITE BE DIRECTED AWAY FROM THE ADJACENT RESIDENTIAL AREAS AND MEET CITY STANDARDS. 3. THAT THE DRAINAGE OF THE SITE IS DIRECTED TO THE CATCH BASINS ON THE SITE AND ULTIMATELY FLOW TO THE HOLDING POND BY GOODYEAR AUTO. 4. IS PLACED ALONG MCDONALD'S EAST RESIDENTIAL DWELLINGS FROM THAT A 4 FT. PROPERTY LINE HEADLIGHTS. PLUS EARTH BERM TO SCREEN ADJACENT COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Discussion of Park Dedication for Commercial and Industrial Development It was the consensus of Planning Commission that this issue should be discussed at a later date. It was also the consensus of the Planning Commission that Park Dedication fees should be required for commerica1 and industrial development. 10. Planning Commission Budget for Conferences Discussion was held on various Planning Organizations and Associations that the Planning Commission could belong to. Commissioner Johnson indicated that she would be willing to work on a proposed budget for the Planning Commission. 11. Procedure for Planning Commission Members to Add Agenda Items The commission briefly discussed the procedure for adding items to the Planning Commission agenda. It was explained that commission members must go through the Vice Chair to add additional agenda items. 12. Report by Mary Eber1ey Regarding National Planning Convention Due to the length of the Planning Commission Meeting. Commissioner Eber1ey will be making this report at a later date. 13. Planning Commission Representative to Attend Council Meeting on July 17. 1989 It was indicated that Commissioners Johnson and Morton would attend the July 17. 1989 City Council meeting. 8. . . . Planning Commission Minutes June 27. 1989 14. Adjournment There being no further business. COMMISSIONER FUCHS MOVED TO ADJOURN THE MEETING. COMMISSIONER MORTON SECONDED THE THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at approximately 10:30 p.m. Respectfully submitted, ~~LnL Steven C. Bjork . T......c;.. Zoning Assistant SB/sm 9.