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04-26-1988 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER' PUBLIC LIBRARY APRIL 26, 1988 Members Present: Chairman Kropuenske, Commissioners, Fuchs, Barrett, Johnson, Morton, Olsen and Kimball Members Absent: None Staff Present: Stephen Rohlf, Building & Zoning Administrator Pat Klaers, City Administrator, was also present for several of the items. 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 4/26/88 Planning Commission Agenda Under item 13.5, Stephen Rohlf added discussion of special meetings to be held in May. COMMISSIONER MORTON MOVED TO APPROVE THE 4/26/88 PLANNING COMMISSION AGENDA AS AMENDED.. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 7-0. 3. Consideration of 3/22/88 Planning Commission Minutes Commissioner Morton noted that on page 8, paragraph 2, it should read "east of Lowell" and also should read C-2/Central Commercial instead of C-l. On page 1, paragraph 2, it should also read "east of Lowell" instead of west. COMMISSIONER FUCHS MOVED TO APPROVE THE 3/22/88 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 6-0. WITH COMMISSIONER OLSEN ABSTAINING FROM THE VOTE SINCE HE WAS NOT PRESENT AT THAT MEETING. 4. Consider Variance Request by Paul Krause/P.H. Stephen Rohlf, Building and Zoning Administrator, introduced this item. He explained that Mr. Krause is requesting to add a face to a legal non- conforming advertising structure. The structure currently has one face advertising the Elk River Dairy Queen which faces west, it is grandfathered-in, in a C-4 zone. Minnesota Department of Transportation removed Mr. Krause's original sign because it was too close to the intersection of Highway 10 and Waco Street. The proposed additional face would be facing east, on the back side of the Dairy Queen sign, to inform west bound traffic of the turnoff to Pinewood Golf Course. Chairman Kropuenske read the five standards for granting a variance request. Chairman Kropuenske opened the public hearing. There being no one for or against the item, Chairman Kropuenske closed the public hearing. Mr. Paul Krause stated that he would take down his existing sign in order to put up the new proposed sign. Page 2 . Planning Commission Minutes 4/26/88 -------------------------- COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A REQUEST rOR AN EXPANSION OF A NON-CONFORMING USE (VARIANCE) BY PAUL KRAUSE WITH THE FOLLOWING CONDITIONS: ' 1. THAT IT BE REVIEWED IN THREE YEARS. 2. THAT THE EXISTING 4' x 8' SIGN BE REMOVED. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 7-0. 5. Consider Variance Request by Houle Oil Company/P.H. Stephen Rohlf explained that Houle Oil Company is requesting a 28 sq. ft. encroachment on the 64 sq. ft. maximum size of a free standing business sign. The proposed sign is to replace the current Tally Ho sign which is roughly 400 sq. ft. and is a grandfathered-in, non-conforming sign. He also stated that the new sign would be 28 sq. ft. over what is allowed but would be 308 sq. ft. closer to compliance than the existing sign. Commissioner Fuchs suggested it would look better if the other small sign to the east was taken down. He stated he was in favor of the new sign. Chairman Kropuenske opened the public hearing. There being no one for or . against this matter. Chairman Kropuenske closed the public hearing. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST FOR A 28 SQ. FT. ENCROACHMENT ON THE 64 SQ. FT. MAXIMUM SIZE FOR A FREE STANDING BUSINESS SIGN BY HOULE OIL COMPANY. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. 6. Consider Zone Change Request by Assembly of God Church/P.H. Stephen Rohlf introduced this item. He explained that the Assembly of God Church is requesting a zone change from R-4/Multi-family Residential to R-lC/Single Family Residential on the property located at 1230 School Street. The Elk River School District is interested in using the original church building for community education. Chairman Kropuenske opened the public hearing. There being no one for or against this item, Chairman Kropuenske closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A ZONE CHANGE REQUEST BY THE ASSEMBLY'OF GOD CHURCH FROM R-4/MULTI-FAMILY RESIDENTIAL TO R-IC/SINGLE FAMILY RESIDENTIAL BECAUSE THERE WERE CHANGED CIRCUMSTANCES IN THE AREA'. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION PASSED 6-0 WITH COMMISSIONER OLSEN 'ABSTAINING FROM THE VOTE SINCE IT HAD TO DO WITH THE ELK. RIVER SCHOOL SYSTEM. . . . . Page 3 Planning Commission Minutes 4/26/88 7. Consider Zone Change Request by Barton Sand & Grave1/P.H. Stephen Rohlf explained that Barton Sand and Gravel is requesting a zone change from A-l/Agricu1tura1 to I-2/Medium Industrial. Gary Sauer, President of Barton Sand & Gravel stated that they would leave the trees as sort of a buffer between the area involved in this zone change request and Highway 169 and Brentwood subdivision. Chairman Kropuenske opened the public hearing. A1 Pheifie1, of Deerfie1d One, was opposed to industrial noise from early in the morning to late at night. There is also a lot of dust. He stated it would eliminate problems if it would stay A-l. Nearby residents, Don Wartz, Jeff Bauer and Helen Powell were also opposed to the zone change request. Mr. Jim Powell was concerned about the oils from an asphalt plant in the ditches; how would it affect the wildlife? Commissioner Kimball asked about moving to the other side of County Road 33. Mr. Sauer stated it would cause more truck traffic. Commissioner Johnson there in the future plants that would be Industrial. started a discussion on what could possibly go in if zone was changed. There are other industrial allowed if the zone would change to I-2/Medium Bill Harju commented it would not be very appealing and that it would detract from the overall aesthetics. Mr. Powell was concerned about his property values. Chairman Kropuenske closed the public hearing. Commissioner Fuchs would prefer to 1/Agricultura1. Commissioner Barrett remain a buffer. leave agreed the that property as A- the property should COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE REQUEST lOR A ZONE CHANGE IROM A-1/ AGRICULTURAL TO I-2/MEDIUM INDUSTRIAL AND TO LEAVE IT AS A BUFFER ZONE. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 7....0. . . . Page 4 Planning Commission Minutes 4/26/88 8. Consider Conditional Use Permit by Barton Sand & Grave1/P.H. . Mr. John Lichter. of Bruce A Liesch Associates. Inc.. stated that he saw no problems environmentally from this request as proposed. Commissioner Kimball was concerned about the noise operating an asphalt plat. Dick Peterson. Vice President of field operations. stated that there would be stack emission tests every five years. Discussion was also held on ground water contamination and odor. Mr. Peterson said there wouldn't be any odor because of the bag house. It was the general concensus that an accessory use to a gravel operation be allowed. 10. Consider Zone Change Request by Ron Kuhn & Harold Novotney/P.H. Steve Rohlf explained this item. Mr. Kuhn is requesting a zone change from A-1/Agricu1tura1 to R-1A/Sing1e Family Residential. He further stated that the Planning Commission should consider the conservation of adjacent property values if the zone is changed. This zone change is not consistent with the City's current land use plan but is with the new comprehensive plan proposed by the GMPTF. However. the plan is not yet adopted by the Council. Chairman Kropuenske opened the public hearing. Don Allen of 17575 Fillmore Street wanted to know if anything was going to affect his property. Ron Myhre of 10022 175th Ave. was concerned about his street being assessed for the developments' benefit. Ruth Allen was concerned about how wide the street would be. How much of their yard would it take? Mr. Jim Frederick stated he wanted it to remain agricultural. There being no further comments from the public. Chairman Kropuenske closed the public hearing. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE REQUEST BY RON KUHN FROM A-l/AGRICULTURAL TO R-1A/SINGLE FAMILY RESIDENTIAL BECAUSE OF CHANGED CIRCUMSTANCES. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. . . . Page 5 Planning Commission Minutes 426/88 9. Consider Preliminary Plat (Hidden Creek) by Ron Kuhn/P.H. Stephen Rohlf. Building & Zoning Administrator introduced this item. This plat consists of 54 non city sewered and watered lots. minimum of 2- 1/2 acres each. Bill Harju of the Soil and Water Conservation Service. stated that there should be perk tests and soil borings. especially on lots 13 through 24. block 1. and lots 11 & 13. block 2. Discussion was held on street names within the plat and minimum number of street lights within the development. City Administrator. Pat K1aers. stated that the developer should pay a portion of the fees for improving Fillmore Street. Chairman Kropuenske opened the public hearing. Mr. Kuhn was concerned about the seal coating. He was not opposed to paying the assessment as each lot is sold. Commissioner Fuchs felt that the taxpayer shouldn't have to pay for the development's roads. Commissioner Kropuenske closed the public hearing. COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL TO USI SIT GUIDELINES ON IMPACT FEES IN THE FUTURE. COMHISSIONERMORTON SECONDED THE MOTION. THE MOTION PASSED. 6-1. COMMISSIONER OLSEN VOTING NAY. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF TBE PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS:. 1. BILL HARJU'S COMMENTS BE INCORPORATED IN THE APPROVAL OF THIS PLAT. 2. FIRST SEAL COAT ON THE ROADS WITHIN THE PLAT SHOULD BE CONSIDERED. 3. APPROVAL OF THIS PLAT SHOULD BE CONTINGENT UPON A ZONE CHANGE BIING APPROVED TO R-1A/SINGLE FAMILY RESIDENTIAL. 4. APPROVAL OF THIS PLAT SHOULD BE CONTINGENT UPON THE ROAD. DRAINAGE AND GRADING PLANS APPROVED BY THE CITY ENGINEIR. 5. THAT $10.800 IN PARK DEDICATION II 'AID TO TUft CITY. . . . Page 6 Planning Commission Minutes 4/26/88 6. THAT DRAINAGE FROM THE PLAT THAT DISCHARGES INTO TROTT BROOK REQUIRES A DNRPERMIT WHICH IS THE RESPONSIBILITY OF THE DEVELOPER. 7. THAT PERK TESTS BE REQUIRED ON EACH LOT AS WELL AS SOIL BORINGS. ESPECIALLY ON LOTS 13 THROUGH 24. BLOCK 1. AND LOTS 11 & 13. BLOCK 2. 8. URBAN RUNOFF AND EROSION CONTROL HANDBOOK BE USED AS A STANDARD FOR CONTROLLING EROSION WITHIN THE PLAT. . 9. THAT THE COUNCIL SHOULD CONSIDER STREET LIGHTS WITHIN THE PLAT AS PER STAFF I S RECOMMENDATION. 10. A LITTER OF CREDIT FOR THE IMPROVEMENTS AND A DEVELOPERS AGREEMENT ARE REQUIRED. 11. THAT CURVE WARNING SIGNS BE PUT UP WHERE RECOMMENDED BY THE CITY ENGINEER. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION PASSED 7-0. 11. Consider Preliminary Plat (Riverview Place) by Dennis Anderson/P.H. Chairman Kropuenske opened the public hearing. No one appeared for or against the item so Chairman Kropuenske closed the public hearing. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS: 1. THAT THIS APPROVAL IS CONTINGENT UPON THE DNR APPROVING FOUR UNITS ON THE PARCEL. 2. THE TOWNHOUSE ASSOCIATION AGREEMENT AND THE TOWNHOUSE BYLAWS BE APPROVED BY THE CITY ATTORNEY. THE DEVELOPERS WILL ALSO HAVE TO POST A BOND WITH PHIL HALS TO ASSURE REPAIR OF ANGEL STREET AFTER THE SEWER AND WATER LINES FOR THE PLAT ARE CONNECTED TO THE CITY SEWER AND WATER. 3. THAT THE DESIGN OF THE SEWER AND WATER LINES BE APPROVED BY THE CITY ENGINEER. TERRY MAURER AND MPCA PERMIT TO EXTEND THAT SEWER LINE MUST BE OBTAINED BY THE DEVELOPERS. 4. STRUCTURES WITHIN THE PLAT ARE BUILT 1 FT. ABOVE THE 100 YEAR FLOOD ELEVATION AND THAT ELEVATION MUST EXTEND FOR 15 FT. AROUND THE STRUCTURES. ALSO THE ACCESS TO THE PLAT MUST NOT BE MORE THAN 1 IT. BELOW THE FLOOD ELEVATION. S. THAT $600.00 IN PARK DEDICATION FEES BE PAID TO THE CITY. . . . Page 7 Planning Commission Minutes 4/26/88 12. Planning Commission Representative to Attend 5/16/88 Council Meeting. It was indicated that Commissioner Kimball and Commissioner Morton would represent the Planning Commission at the May 16, 1988 City Council meeting. 13. Discussion on Membership to Professional Planning Association Discussion was held on this item. 13.5 Special Meeting in May Discussion was held on when these meeting could be held. May 17 and May 31 were the dates agreed upon for the GMTF and the landfill. 14. Adjournment There being no further business, COMMISSIONER OLSEN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING. COMMISSION. . COMMISSIONERMORTON SECONDED THE MOTION. THE MOTION eAR.RIED7-0. - - The meeting of the Elk River Planning Commission adjourned at 11:30 p.m. Respectfully submitted, ._~ (Q' 1 .,'; i / '1f'1.1,) Kcdz S/(oc;and- !!L/ Kate Skogstad Recording Secretary i......_. ___~. slm