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08-22-1989 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE COMMUNITY EDUCATION CENTER TUESDAY. AUGUST 22. 1989 Members Present: Chairman Kimball. Commissioners Johnson. Eber1ey. Fuchs Morton and Schroeder. Commissioner Morton arrived at 7:15 p.m. Members Absent: None Staff Present: Stephen Rohlf. Building and Zoning Administrator; Steven Bjork. Zoning Assistant. Tim Keane. City Attorney 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 8/22/89 Planning Commission Agenda 12.g - Announcement by Mary Eber1ey was added to the agenda. COMMISSIONER EBERLEY MOVED TO APRPOVE THE 8/22/89 AGENDA AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 7/25/89 Planning Commission Minutes The following corrections were made to the Planning Commission Minutes: 1. Page 5. Item 7 - The ninth paragraph. second sentence should read as follows. "Commissioner- Johnson was uncomfortable with "as soon as possible." 2. Page 5. Item 5 - Delete last paragraph. 3. Page 6. Item 7 Paragraph nine should read "Commissioner Fuchs indicated that the Utility property on Country Road 1 is an unsatisfactory site as it is directly down wind from the school in case of a fire. Commissioner Fuchs indicated he could foresee sheet rocking two walls for fire protection for the building that he is proposing. 4. Page 6. paragraph 8 - Should read as follows. "Steve Rohlf. Building and Zoning Administrator. explained that for a fairly inexpensive condition you could alleviate a major concern. 5. Page 8. Item 5 - The motion should read. "The motion was defeated 2- 3. Commissioner Kimball. Johnson and Schroeder disagreed with the findings of fact as they did not consider this a hardship. 6. Page 10. Item 10 - The motion carried 4-0. COMMISSIONER JOHNSON MOVED TO APPROVE THE 7/25/89 MINUTES AS AMENDED. COMMI SSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . - Page 2 Planning Commission Minutes 8/22/89 4. Consider 8/1/89 Planning Commission Workshop Minutes Page 1. Item 2 The fifth paragraph. model was incorrectly spelled. should read "Modal". COMMISSIONER EBERLEY MOVED TO APPROVE COMMISSIONER MORTON SECONDED THE MOTION. THE 8/1/89 MINUTES AS AMENDED. THE MOTION CARRIED 6-0. 5. Conditional Use Permit to Allow Offices in the Elk River Mall/P.H. Peter Kimball reviewed the procedures for a public hearing. Mr. Kimball indicated that the Planning Commission recommends a conditional use permit to the Council if the seven standards are met for a conditional use permit. Steve Rohlf. Building and Zoning Administrator explained that the tenants within the mall are part of the property in question. He indicated the owners of that property petitioned for the request. Mr. Rohlf further indicated that this is somewhat of a different situation than if the mall tenants they were individual property owners. This was clarified by Tim Keane. City Attorney. Staff asks that the Planning Commission weigh out the seven standards for granting a conditional use permit request. Mr. Rohlf indicated that staff feels that they do meet these standards. Donna Gallagher of 3201 Keewaydon Place. Minneapolis. approached the Commission and stated that Jack Sh~edy Regional Manager for Equitec property would explain their request. Mr. Sheedy indicated that in May of this year. the owners of the mall obtain~d the services of Equitec to manage and attempt to lease the mall. Mr. Sheedy stated he had read staff's report and was in agreement with staff's memo. Chairman Kimball opened the public hearing Ed Orwoll owner of Jean's Hallmark felt that the applicants did not meet the seven standards for a conditional use permit. Mr. Orwall questioned staff on how creating more office space would benefit the mall. Mr. Orwall further questioned staff on how can it not be detrimental to the plan of the City if we are now allowing offices in the mall. Mr. Orwall felt that the City should have to show affirmative statements as to how that change is in line with the original PUD agreement. Clarinda Rich of 690 Dodge Avenue was in agreement with Mr. Orwall's comments. Chairman Kimball closed the public hearing. Steve Rohlf. Building and Zoning Administrator addressed the concerns of Mr. Orwoll. Mr. Rohlf explained that the City originally excluded offices from the mall to ensure that the mall would not compete with the downtown area for these types of business. He indicated the real intent was not to allow all uses in the Mall but to shape th~ downtown area. . . . Page 3 Planning Commission Minutes August 22. 1989 Mr. Rohlf indicated that the underlying land use more or less governs a PUD. Mr. Rohlf stated that there is only one piece of property zoned commercial in the City where offices are excluded and that is the Elk River Mall. He indicated there is an inconsitency there on the City's part. Mr. Kimball questioned the petitioners if they would be in agreement with the Planning Commission should they consider allowing offices in 20% of the total mall space. Mr. Sheedy indicated that they would be in agreement with Mr. Kimball's suggesting. Mr. Orwell indicated that by putting 20% of office space in the mall. you could destroy retail value of the mall itself. Mr. Orwa11 questioned staff on why there were two request and not one to amend the PUD Agreement. Steve Rohlf. Building and same request to amend the separate parcels. Mr. motions. but the same issue Zoning Administrator explained .that this is the PUD Agreement. but two separate owners. and two Rohlf indicated this would take two separate for both. Ann Raymond of "Trading Winds Paperback Exchange" stated that we have proved as a group of merchants that we were willing to accept a certain percentage of offices and professional businesses in the mall. Ms. Raymond indicated that previously they had made an offer to Mr. Barthel the last time we met with him and we received no response on their part. Ms. Raymond further indicated we just lost 2.700 sq. ft of prime retail to County Market restaurant and deli and 11.000 sq. ft. when Ben Franklin closed. Ms. Raymond indicated that if they are allowed 20 percent. which they say is vacant. that doesn't leave much for retail. Greg Gamoth of Pet Appeal felt that a fixed portion of retail space would be in the best interest of the mall. Steven Bjork. Zoning Assistant. indicated that when you deal with a percentage basis. this would come down to an enforce problem staff wise. Mr. Bjork suggested the possibility of allowing so many square feet of office space instead. After a lengthy discussion on this matter. several Planning Commission members requested that this issue be tabled until next month to give them time to look at the original Planned Unit Development Agreement to find out what the original intent was. COMMISSIONER FUCHS MOVED TO CONTINUE THIS REQUEST UNTIL THE NEXT SCHEDULED PLANNING COMMISSION MEETING SO STAFF CAN FURNISH US WITH THE ORIGINAL ELK RIVER PUD AGREEMENT AND OBTAIN FROM THE PETITIONERS (ELK RIVER SHOPPING CENTER) TOTAL SQUARE FOOTAGE OF SPACE THAT THEY HAVE AVAILABLE AND WHERE THEY ARE PROPOSING TO PUT THE PROFESSIONAL AND BUSINESS OFFICES. ALSO. FROM THE RETAILERS ASSOCIATION IN THE MALL. WHAT THEIR ORIGINAL PROPOSAL WAS OR WHAT THEY FEEL IS THE ALLOWABLE PERCENTAGE FOR OFFICES IN THE MALL? COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION PASSED 6-0. ing Commission Minutes August 22. 1989 . . . Page 4 Chairman Kimball indicated that the public hearing will be left open and only written testimony will be allowed and accepted until September 12, 1989 regarding this issue. 6. Conditional Use Permit by Triple S Investments (Big Wheel) to Allow Offices in the Elk River Mall/Public Hearing Steve Rohlf, Building and Zoning Administrator recommended tabling this issue in light of the last issue. Commissioner Kimball opened the public hearing. No one appeared for or against the request, Chairman Kimball closed the public hearing. Mr. Carrie Lioni addressed the Commission as a representative of Big Wheel Auto. Mr. Lioni indicated that he disagrees with staff that there are two separate issues. Mr. Lioni, at this time, addressed the seven standards and felt that they met those standards. Mr. Lioni explained that the reason they are requesting to amend the PUD agreement is because they are having trouble renting the spaces that are not occupied by the Big Wheel Store. COMMISSIONER FUCHS MOVED TO CONTINUE THE PUBLIC HEARING UNTIL WE HAVE TIME TO REVIEW THE INTENT OF THE ORIGINAL PUD AGREEMENT. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Chairman Kimball indicated that the public hearing will be left open and only written testimony will be allowed and accepted until September 12, 1989 regarding this matter. 7. Ordinance Amendments Establish definitions for "Auto Repair Shop", "Motor Vehicle Service Station", and "Governmental Facility"/P.H. Chairman Kimball indicated that he would like to add a third catagory to the ordinance amendments, "Motor Vehicle Specialty Service Station". Chairman Kimball read his definition of the text amendment. Chairman Kimball requested that the following definition be placed in the minutes. A place where gasoline or other automobile engine fuels sales are prohibited. Lubricants for the operation of motor vehicles may be sold directly to the public as retail on site sales. Specialty stations are intended for the sale of minor accessories and minor repairs for automobiles and small trucks. It is intended that specialty stations shall specialize in one or two allowed uses and not generalize in all allowed uses. Minor repair shall include; major tire services and repairs, replacement of mufflers, greasing and lubrication, tune-ups, transmission services, brake repairs, and auto glass replacement, minor repairs shall not include; mechanical and body work, painting, welding, storage of inoperable vehicles, outside storage or overhauling engines. ", Page 5 Planning Commission Minutes August 22. 1989 . Tim Keane felt this was a good amendment. it does reflect changes in the marketplace in terms of provision services. Chairman Kimball opened the public hearing. There being no one for or against the request. Chairman Kimball closed the public hearing. Commissioner Morton questioned Tim Keane. City Attorney. on whether we can allow a conditional use permit based on a catagory that is not in City Code at this time. Tim Keane explained that adoption of a text amendment is actually done by the City Council. Mr. Keane indicated you must hold a public hearing. that public hearing may be held by the City Council. Mr. Keane indicated that you may consider your recommendations or advisory to the City Council so that you may recommend the adoption of this text amendment and thereafter. consider the conditional use permit request. He indicated this would be predicated by adoption of the text amendment. Assuming that public hearing for that text amendment would be held by the City Council with proper notice. . COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT AMENDING SECTION 900.09 TITLED. "DEFINITIONS" TO INCL UDE CATAGORY NO.3. "MOTOR VEHI CLE SPECIAL TY SERVI CE STATION. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. City Attorney. Tim Keane. indicated that they were asked by staff to draft a definition for "Governmental Facility". Mr. Keane suggested tabling this request until we can get a written form from the Commission on their ideas and fine tuning this definition. COMMISSIONER SCHROEDER MOVED TO TABLE THIS ISSUE UNTIL NEXT MONTH TO GIVE THE PLANNING COMMISSION TIME TO REVIEW THE DEFINITION FOR "GOVERNMENTAL FACILITY" COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Conditional Use Permit by Don Schroeder/P.H. Steve Bjork. Zoning Assistant. gave a brief update on his memo indicating that there has been a revision of the definitions. The two requests are as follows; Amending definition section to establish the definition and amending PUD Agreement to allow "Motor Vehicle Specialty Service Station" not to include gasoline sales. Chairman Kimball opened the public hearing. There being no one for or against the matter. Chairman Kimball closed the public hearing. . COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY DON SCHROEDER FOR THE "QUICK LUBE AND RETAIL STORE AS SUBMITTED BY HIS DRAWINGS. WHICH WOULD ALLOW TWO STRUCTURES ON A LOT. ONE BEING A MOTOR VEHICLE SPECIALTY SERVICE STATION BASED UPON THE FINDINGS OF FACT THAT TWO STRUCTURES ARE CONSIDERABLY SMALLER IN SIZE THAN THE ORIGINAL SINGLE STRUCTURE. THAT IT MEETS THE SEVEN STANDARDS AND ALSO IT IS IN A PUD. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Page 7 Planning Commission Minutes August 22. 1989 17. EXPAND THE FIRE LANE AT THE REAR OF THE RETAIL BUILDING TO A MINIMUM OF 20 FEET IN WIDTH. 18. ANY PROPOSED EXPANSION AT THE LOCATION MUST BE BROUGHT BEFORE THE PLANNING COMMISSION FOR APPROVAL. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. Conditional Use Permit by Trailer King/Public Hearing This plan. item was tabled until the following month due to an incomplete site The applicant was not present for this issue. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL TO TABLE THE REQUEST BY TRAILER KING FOR A CONDITIONAL USE PERMIT REQUEST BECAUSE OF AN INCOMPLETE SITE PLAN. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Discussion of Impact Fees Tim Keane. City Attorney. indicated that we are trying to develop a policy for Impact Fees. Mr. Keane explained that the City Council initiated this request and will not charge any impact fees without a clear policy. Mr. Keane explained that what were looking for is background information and some sense of direction for those needs. The Planning Commission asked staff for more detail so this item can be discussed at their September meeting. 11. Discussion of By Laws General Discussion was held regarding the By-Laws. This topic would be further discussed at the workshop on September 19. 1989. 12. General Discussion General discussion was held on the following topics; group homes. signage. site plans. park dedication fees. landscaping and outside appearance of commercial and indudstria1 buildings to be addressed in our ordinance. These topics would be discussed at a workshop to be held on September 19. 1989 at City Hall. Commissioner Eber1ey announced that Anoka County was holding a meeting regarding 2010 Transportation Plan on August 29. 1989 on the new bridges across the Mississippi and an update of Highway 10 for those who mi~ht be interested in attending. 13. Planning Commission Representative to Attend September 18. 1989 Council Meeting on It was indicated that Commissioners Johnson and Fuchs would attend the September 18. 1989 City Council meeting. . Page 8 Planning Commission Minutes August 22, 1989 14. Adjournment There being THE MEETING. CARRIED 6-0. no further business, COMMISSIONER JOHNSON MOVED TO ADJOURN COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION The meeting of the Elk River Planning approximately 11:45 p.m. Respectfully submitted, JdM1fJ !/JUtf- Sharon Maue Recording Secretary Commission adj ourned at