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11-28-1989 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, NOVEMBER 28,1989 Members Present: Chairman Kimball, Commissioners Johnson, Eberley, Fuchs, Schroeder, Morton and Nadeau Members Absent: None Staff Present: Pat Klaers, City Administrator; Steven Bjork, Zoning Assistant; and Stephen Rohlf, Building and Zoning Administrator 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. ~onsider 11/28/89 P~annin~ Commission A~enda Item 12.5 - Landfill Update and Item 12.6 - Discussion of workshop related items was added to the agenda. COMMISSIONER FUCHS MOVED TO APPROVE THE 11/28/89 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Schroeder and Commissioner Eberley arrived at this time. 3. Consider 10/24/89 Plannin~ CommissioQ Minutes Commissioner Fuchs stated that Item 3, Page 1 "Motion Carried 6-0" Page 2, second paragraph, the word "car" should be changed to read carwash. COMMISSIONER JOHNSON MOVED TO COMMISSION MINUTES AS AMENDED. MOTION. THE MOTION CARRIED 7-0. APPROVE THE 10/24/89 PLANNING COMMISSIONER FUCHS SECONDED THE 5. Conditional Use ~er~it_R~uest (Expansion of Vehicle Sales) by Saxon Motors/Public Hearin~ This item was moved ahead of item 4 as Gary Santwire had not arrived for the zone change request. Steve Rohlf, Building and Zoning Administrator, stated that Saxon Motors is requesting a conditional use permit for an expansion to the building they lease for their car sales operation located at 17038 Highway 10. At this time, staff addressed the seven standards for a conditional use permit request. Chairman Kimball opened the public hearing. Scott Pesola who owns the property abutting Saxon Motors was concerned with debris along the western boundary of Saxon's site. . . . Planning Commission Minutes November 28, 1989 Page 2 Chairman Kimball closed the public hearing. The Planning Commission reviewed this request and felt that Saxon Motors meets the seven standards for a conditional use permit request. COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY SAXON MOTORS TO BUILD AN ADDITION TO THEIR EXISTING BUILDING BASED ON THE FINDINGS OF FACT THEY MEET THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT WITH THE FOLLOWING STIPULATIONS: 1. THAT SAXON IDENTIFIES 41 PARKING STALLS BY STRIPING THEM FOR CUSTOMER AND EMPLOYEE PARKING INCLUDING THE REQUIRED HANDICAP PARKING STALLS. THESE PARKING STALLS MUST BE KEPT FREE OF VEHICLES FOR SALE. THE LOCATION OF THOSE STALLS BE APPROVED BY STAFF. 2. THAT SAXON PROVIDE A SCREENED DUMPSTER AS SHOWN ON THE SITE PLAN. 3. THAT THE DEBRIS ALONG THE WEST SIDE OF THE PROPERTY BE CLEANED UP. 4. IF A CROSSOVER BETWEEN THE TWO LANES OF HIGHWAY 10 IS PROVIDED IN THE FUTURE ADJACENT TO 170TH, THAT SAXON MOTORS PROVIDE AN ACCESS TO 170TH SO THEIR CUSTOMERS AND EMPLOYEES CAN UTILIZE THAT CROSSOVER. 5. ELIMINATE THE PARKING OF VEHICLES ON THE GRASS AREA. 6. THAT EVERGREENS ARE PLANTED ON THE SOUTH PROPERTY LINE TO HELP SCREEN THE SAXON SITE FROM PROPERTIES TO THE SOUTH. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Zon~~hJl.~ Re~st (Planned Uni t DevelQP.!!!ent_.--t9~-3/Hi~hwa.X Commercial and R-2b/Townhouse/Multifamily Residential) by Faith FeUQ!'!:!?D..!Q Chq.r_9.hL:e..!.1i!... Steve Rohlf, Building and Zoning Administrator gave a brief history on the zone change stating that the original zone change request by Faith Fellowship was withdrawn. Mr. Rohlf explained the three situations when approval of a zone change is appropriate. Gary Santwire was present representing the petitioners. Mr. Santwire presented a map showing the proposed split. Chairman Kimball opened the public hearing. The following people were present for this issue: Carl Miller of 540 C Auburn Place was in disagreement with the east 100 ft. being zoned C-3 because of the traffic problems. . . . Planning Commission Minutes November 28, 1989 Page 3 Mrs. Carl Benson of 540 A Auburn Place was concerned with the access onto Auburn and the additional traffic this would create. Sydney Reed of 530 A Auburn Place questioned whether the C-3 zoning would make the property compatible with adjacent property. Steve Rohlf indicated that this zoning would be consistent with the uses along Dodge Avenue. Mrs. Allen Lilja of 536 C Auburn Place questioned the L shaped parcel and the C-3 zoning classification. After discussing this issue in great length, the general consensus of the Planning Commission was that a residential buffer was needed along Auburn Place. Discussion was held on the amount of land needed for this buffer. Discussion was held on the appropriate commercial zoning designation for the remainder of the parcel. It was the consensus of the Planning Commission that the C-3 zoning would be appropriate because it would be an extension of the existing commercial land use along Dodge Avenue. Commissioner Fuchs suggested compromising with allowing 140 ft. along the easement parallel to Auburn instead of 100 ft zoned R-2b. Richard Dungan representing Faith Fellowship Church indicated that they would be willing to amend their request of the east 100 ft. to 140 ft. of the affected property as long as this did not delay the process. Staff suggested that Faith Fellowship Church put their acceptance of this compromise in writing. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE REQUEST BY FAITH FELLOWSHIP FROM PUD TO C-3 AND R-2B, THE EAST 140 FEET OF THE AFFECTED PROPERTY SHALL BE R-2B AND THE BALANCE OF THE AFFECTED PROPERTY SHALL BE C-3. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 6-1. The Planning Commission felt the zone change request was consistent with the Comprehensive Plan and the existing uses in this area. Commissioner Eberley disagreed with the C-3 zoning as she felt this was not compatible with the recent mission statement that was created for our land use plan. 6. COQdi tioQ~~L Permi..L-E~quest to Amend Elk River Plaza PUD A~r~ell!~nt to AUow gQI!tIl1erci~Recreational FacUitie~-1'..r.ipl~ IJ)'yest!llent Steven Bjork, Zoning Assistant indicated that the proposed amendment to the PUD Agreement would be to allow commercial recreational facilities to be located on Parcel F (Lot 5, Block 1, Elk River Plaza 2nd Addition.) Staff noted that the underlying land use for the Planning Commission Minutes November 28, 1989 Page 4 . Elk River Plaza PUD is C-3/Highway Commercial. The C-3 zone allows commercial recreational facilities as conditional uses. Staff noted that the original PUD Agreement allowed for only retail establishment for Parcel F. Staff indicated that the City recently amended the PUD Agreement for Parcel F to allow business and professional offices. Staff noted that this use is not inconsistent for highway frontage property. Staff noted that this request is only inconsistent with the original Statement of Purpose for Parcel F. Staff also indicated that a conditional use permit process was available to the owners of property to allow for change. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE AMENDMENT TO THE ELK RIVER PLAZA PUD AGREEMENT TO ALLOW COMMERCIAL RECREATIONAL FACILITY TO BE LOCATED ON PARCEL F, (LOT 5, BLOCK 1 ELK RIVER PLAZA 2ND ADDITION) BASED ON THE FINDINGS OF FACT AS STATED IN STAFF'S MEMO OF 11/28/89. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 5-2. Commissioner Eberley and & Morton voted against this request. 7. Condi tional Use Permit Request to Allow a Commercial Recreational Facility by Russell Johnson/Public Hearin~ . Steven Bjork, Zoning Assistant stated that the applicant is requesting a conditional use permit to allow a commercial recreational facility (billiards parlor, video games) to be located within the Big Wheel building. Mr. Bjork reviewed staff's comments relating to this request as outlined in his memo. Mr Bjork indicated that he had contacted the police department regarding this type of activity. Some of the issues the police were concerned with were loi tering, on-site security, absence of cigarette vending machines, and over all security of the site. Chairman Kimball opened the public hearing. There being no one for or against the matter, Chairman Kimball closed the public hearing. Russ Johnson (the applicant) was present to address any possible concerns the Commission may have. Mr. Johnson indicated that he was in agreement with the stipulations as outlined in staff's memo except for: hours of operation, responsible adult to supervise the operation, and on site security guard. Mr. Johnson explained his reasons for his concerns. . Mr. Johnson did not want to be restricted in his hours of operation because of the possibility of a senior league. Mr. Johnson indicated that the hours of operation for school aged individuals would not conflict with school hours. Mr. Johnson indicated that he does not want to create an environment for kids to skip school etc. Mr. Johnson indicated that he was concerned with the responsible adult age being twenty-one. Mr. Johnson requested that he would like this changed to 18 years of age as he was planning to employ college students. . . . Planning Commission Minutes November 28, 1989 Page 5 Mr. Johnson felt that providing an on-site bonded security guard was an unreasonable request as this would be too costly. Staff suggested that if needed this would be at the discretion of the Police Chief. Discussion was held regarding this issue, the commission had a number of concerns; hours of operation, loitering, and problems with the chosen location because of the nursing home. The Planning Commission also requested contacting the Police Chief about lighting on the outside of building as to prevent loitering. Steve Rohlf, Building and Zoning Administrator indicated that both the mechanical amusement license and the pool hall require a license. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY RUSS JOHNSON FOR A BILLIARDS PARLOR, AND VIDEO GAMES TO BE LOCATED WITHIN THE BIG WHEEL BUILDING. FINDINGS OF FACT ARE BASED ON THE SEVEN STANDARDS OUTLINED IN STAFF'S MEMO WITH THE FOLLOWING STIPULATIONS: 1. POST THE CITY ORDINANCE REGARDING CURFEWS. 2. POST NO LOITERING SIGNS IN THE PARKING LOT. 3. HOURS OF OPERATION WILL BE PER THE CITY LICENSE AND STUDENTS WILL BE ALLOWED WHEN SCHOOL IS NOT IN SESSION. 4. HIGH SCHOOL AND JR. HIGH SCHOOL INDIVIDUALS SHALL NOT BE WITHIN THE OPERATION DURING NORMAL SCHOOL HOURS. (THIS CONDITION SHALL BE ENFORCED DURING TIMES WHEN SCHOOL IS IN SESSION.) 5. THE OPERATION SHALL BE SUPERVISED AT ALL TIMES BY A RESPONSIBLE ADULT. 6. THE OPERATION SHALL COMPLY WITH ALL APPLICABLE LICENSE FOR BILLIARD HALLS AND MECHANICAL AMUSEMENTS DEVICES. 7. THE OPERATION SHALL BE SUBJECT TO AN ANNUAL REVIEW. 8. IN THE EVENT THERE IS A PERSON UNDER THE INFLUENCE OF A CHEMICAL SUBSTANCE IN OR AROUND THE PREMISES, THE RESPONSIBLE PERSON IN CHARGE OF THE OPERATION SHALL CONTACT THE POLICE DEPARTMENT. 9. IN THE EVENT THAT SECURITY FOR THE SITE BECOMES A PROBLEM IN THE DETERMINATION OF THE POLICE CHIEF, THE CITY SHALL REQUIRE THE OPERATION TO PROVIDE AN ON-SITE SECURITY GUARD. 10. THE OPERATION SHALL COMPLY WITH THE GOAL AND PURPOSE STATEMENT AS PROVIDED BY THE APPLICANT: GOAL: TO PROVIDE A HIGH QUALITY FORM OF ENTERTAINMENT FOR CUSTOMERS IN THE AGE RANGE OF 15 TO 25. . . . Planning Commission Minutes November 28, 1989 Page 6 PURPOSE: TO FILL A COMMUNITY NEED FOR SUPERVISED ENTERTAINMENT WITH A HEALTHY, SUBSTANCE FREE, SAFE ENVIRONMENT. 11. SALES OF CIGARETTES SHALL BE PROHIBITED WITHIN THE COMMERCIAL RECREATIONAL FACILITY. 12. THE OPERATION SHALL TAKE ALL REASONABLE EFFORTS TO PREVENT THE BILLIARDS HALL FROM BECOMING A PLACE WHERE INDIVIDUALS LOITER. 13. ALL EMPLOYEES OF THE OPERATION SHALL BE MADE AWARE OF THE CONDITIONS SET FORTH FOR THIS OPERATION. 14. THE OPERATION SHALL PROVIDE DAILY OUTDOOR CLEAN UP OF THE AREA SURROUNDING THE BIG WHEEL BUILDING. 15. OUTSIDE LIGHTING AS PER STAFF RECOMMENDATION. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 5-2. Commissioners Morton and Eberley voted against this request. 8. Ordinanc~ Amendment to Allow Carwashes in C-l/Central Business District ~moco Inc./P.H. Amoco requested that the proposed actions be tabled. COMMISSIONER JOHNSON MOVED TO TABLE THE ORDINANCE AMENDMENT, CARWASH AND CONVENIENCE STORE UNTIL A LATER DATE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 9. Conditional Use Permit Request to Allow a Carwash in the C-l pistrict.by Amocol~.H. Amoco requested that the proposed action be tabled. 10. Condi tional Use Permit }teQuest to AlJ,9W a~onvenieJJc~_StQre in_ the C-l District_bX-Amoco/P.H. Amoco requested that the proposed action be tabled. 11. Date for Special Meetin~ in Dec~~ber or January, if needed. A special meeting for the NSP/UPA issue would be held on January 9, 1990. 12. Piscyssio.!L.1JJ.pS:.9min~.Qnin~_ltemina~tc. ) Steve Rohlf suggested that the Commission contact staff wi thin the next week to let staff know what seminar they would be attending. 12.5 Landfill Update Steve Rohlf suggested that the Commission review the letter . . . Planning Commission Minutes November 28, 1989 Page 7 submitted by the Landfill to see if they needed clarification on regarding this issue. 12.6 Discussion of Workshop Related Items The Commission noted that they will be holding their annual workshop meeting starting at 8:30 a.m. on January 13, 1990, at Pebble Creek in Monticello. The topics of discussion would include: Landscape Ordinance, Review of Past Year and Budget Discussion. 13. Plannin~ Commission Representative to Attend CouncU Meetin~ on Dec~mb~r 4th and 18th Meetin~ It was indicated that Commissioner Nadeau would attend the December 4th meeting and Commission Johnson the December 18, 1989 meeting. 14 . j\dj ournm~J!.t There being no further business, COMMISSIONER JOHNSON MOVED TO ADJOURN THE MEETING. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at approximately 11: 10 p.m. Sh~~t7n{WD Sharon Maue Recording Secretary