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09-27-1988 PC MIN MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER. PUBLIC LIBRARY ~ SEPTEMBER 27. 1988 Members Present: Chairman Kropuenske. Commissioners Kimball Johnson. Morton. Olsen. Schroeder and Fuchs Members Absent: None Staff Present: Stephen Rohlf. B & Z Administrator and Steve Bjork. Zoning Assistant 1. Pursuant to due call and notice thereof. the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. 2. Consider 9/27/88 Planning Commission Agenda COMMISSIONER OLSEN MOVED MINUTES AS PRESENTED. MOTION PASSED 7-0. TO APPROVE THE 9/27/88 PLANNING COMMISSION COMMISSIONER MORTON SECONDED THE MOTION. THE 3. Consider 8/23/88 Planning Commission Minutes COMMISSIONER OLSEN MOVED MINUTES AS PRESENTED. MOTION PASSED 7-0. TO APPROVE COMMISSIONER THE 8/23/88 PLANNING COMMISSION MORTON SECONDED THE MOTION. THE ~ 4. Ordinance Amendment/Private Recreational Facility in R-l Zone by Harold Dobel/Public Hearing This item was withdrawn at the request of the petitioner. 5. Conditional Use Permit (Splatball) by Harold Dobel/Public Hearing This item was withdrawn at the request of the petitioner. 6. Conditional Use Permit (Home Occupation) by Barb Belmore/Public Hearing Steve Bjork. Zoning Assistant explained that Mrs. Belmore is requesting a conditional use permit to operate a home occupation. The conditional use permit would allow the applicant to display and sell craft from her home. The applicant is currently manufacturing yard ornaments and yard furniture. Mr. Bjork reviewed the eight conditions recommended by staff for approval. Chairman Kropuenske opened the public hearing. Russ Olson a neighbor of the Belmores spoke in favor of the request. Mr. Belmore explained that this was not a year around display of items. They do a lot of selling at Flea Markets. . Chairman Kropuenske closed the public hearing. Commissioner Fuchs arrived at this time. Page 2 Planning Commission Minutes 9/27/88 . 1. 2. . 3. 4. 5. . Commissioner Kimball felt there could be a traffic problem because the Belmores were so close to the stop light and corner of Proctor Avenue and Highway 10. Mr. Kimball questioned the off street parking. Chairman Kropuenske felt that we would be setting a bad precedent throughout the City; approval would place the City Council in the situation of not being able to deny similar requests. Commissioner Johnson agreed with Chairman would be setting a precedent and would manufactured on the site sold. Kropuenske that the City like to see items only Mrs. Belmore explained that the only items not manufactured on the site were the windmills and butterflies. They would like to continue selling these as they have had a lot of requests for them. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR A HOME OCCUPATION BY BARB BELMORE WITH THE FOLLOWING STIPULATIONS: HOURS OF OPERATION ARE TO BE FROM 9:00 A.M. TO 8:00 P.M. THE APPLICANT IS TO MAINTAIN TWO OFF STREET PARKING STALLS IN THE DRIVEWAY. ONLY THE RESIDENTS OF THE HOUSE CAN BE INVOLVED IN THE OPERATION OF THE HOME OCCUPATION. THE APPLICANT IS PERMITTED ONE SIGN NOT TO EXCEED 2 SQ. FT. IN AREA AND SHALL BE MOUNTED FLAT ON THE OUTSIDE WALL OF THE DWELLING. THE CITY RESERVES THE RIGHT TO RESTRICT THE AMOUNT OF OUTDOOR DISPLAY. IN THE EVENT THAT THE DISPLAY BECOMES EXCESSIVE. THE APPLICANT WILL BE REQUIRED TO REDUCE THE NUMBER OF DISPLAY ITEMS. 6. NO DISPLAY IS TO BE PLACED UPON THE STREET RIGHT-OF-WAY. 7 . THE GARAGE SHALL MAINTAIN ONE PARKING STALL FOR THE SOLE USE OF A VEHICLE. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 4-2. Due to the late arrival of Commissioner Fuchs. he abstained from the vote. . . . Page 3 Planning Commission Minutes 9/27/88 7. Site Plan Review in Elk River Plaza 3rd Addition (Addition to Dolphin Car Wash and Freestanding Sign) by John Plaisted. Commissioner Olsen left the meeting at this time. Dave Wolff indicated he was representing John Plaisted. Mr. Wolff explained that they are requesting a site plan review for a 32 ft. by 32 ft. addition to the existing Dolphin Car Wash and approval of a new freestanding sign. The purpose of the expansion was to have a drying and detailing room for the winter months. Traffic flow was discussed. Mr. Rohlf indicated that the addition doesn't appear to affect traffic flow throughout the site and doesn't take up any more green space or parking. Regarding the signage request. Steve Rohlf. Building and Zoning Administrator explained that they do meet the requirements of the sign ordinance. City code does allow for a total of 64 sq. ft. of signage per lot. COMMISSIONER KIMBALL MOVED TO APPROVE THE SITE PLAN FOR DOLPIN CAR WASH WITH THE STIPULATION THAT SIGNAGE MUST CONFORM TO THE SIGN ORDINANCE. AND THAT THE LIGHTING BE TIMER CONTROLLED. CONSISTENT WITH BARTHEL REALTY OFFICI LIGHTING. COMMISSIONER OLSEN. SECONDED THE MOTION. THE MOTION PASSED 5-0. COMMISSIONER KROPUENSKE ABSTAINED. Chairman Kropuenske abstained from the vote as Mr. Plaisted was on the Board of Directors for the 1st Nationa1Bank. 8. Conditional Use Permit (Restaurant in a C-3A Zone - Pizza Hut) by Mandolfo Investments/public Hearing Steve Bjork introduced this item by stating that Mandolfo Investment. Inc. is requesting a conditional use permit to allow the construction of a restaurant (Pizza Hut) in the C-3A/Highway Commercial zone. Mr. Bjork further explained the site conditions for the affected property. Discussion took place regarding parking. Steve Bjork explained that City code requires 36 parking stalls for the proposed structure. They show 54 stalls. which does meet requirements for City code. The remaining 18 stalls will be used as part of a joint parking agreement for adjacent properties. The Commissioners discussed drainage. Staff explained that the applicant is proposing surface drainage towards the private road.Staff explored the possibility of utilizing a swale on the SE corner of the lot. The swale would result in a portion of the lot draining into the Highway 169 ditch. The applicant stated that to construct the swale. a high pressure gas line would have to be moved. Steve Bjork. stated that the City Engineer felt the swale would be more appropriate than surface drainage out to Main Street. Page 4 Planning Commission Minutes 9/27/88 . 2. 3. 4. 5. . 6. 7. 9. . Signage. lighting and trash area that is proposed on the west side of the building were discussed. These would have to meet the needs of the site and comply with City code. Commissioner Kropuenske opened the public hearing. There being no one for or against the matter. Commissioner Kropuenske closed the public hearing. COMMISSIONER OLsn MOVED TO UCOMMIND TO THE CITY COUNCIL APPROVAL FOR THE CONDITIONAL USE PERMIT BY MANDOLFOINVESTMENT. INC. FOR A RESTAURANT (PIZZA HUT) WITH THE FOLLOWING STIPULATIONS: 1. PROVIDE THE CITY WITH A COpy OF THE PROPOSED JOINT PARKING AGREEMENT. THE DRAINAGE PLAN SHALL BE ACCEPTABLE TO THE CITY. THE PARKING AREA SHALL BE HARDSURFACED AND DUST FREE WITH CONCRETE CURB WITH PARKING STALLS STRIPED. SIGNAGE FOR THE SITE MUST MEET CITY CODE. THE TRASH AREA MUST BE ENCLOSED. LIGHTING FOR THE SITE MUST MEET CITY CODE. THAT A SPACE IN FRONT OF THE MAIN ENTRANCE BE LEFT OPEN TO ALLOW FOR UNOBSTRUCTED ENTRANCE AND EXIT DURING EMERGENCY. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Multiple Principal Buildings (Seven-16 Unit Properties Public Hearing Apartments) by CHW Steve Bjork. Zoning Assistant explained that CHW properties is requesting approval of seven 16 unit apartments on a 7.9 acre site. He further explained the proposed site conditions. Commissioner Morton would like to see more buffering to the area along Evans and more landscaping. Commissioner Fuchs questioned the storm drainage. He felt this was a bad location because of the density. Mr. Rohlf said they meet the City ordinance. as they are only asking for 14 density units per acre and are allowed 22 density units. Commissioner Morton was also concerned with the density. as there could be real traffic problems. . .. . Page 5 Planning Commission Minutes 9/27/88 Commissioner Kimball was also concerned about the density. He felt we were allowing a greater density than what some people liked. Chairman Kropuenske opened the public hearing. At this time, Chairman Kropuenske reviewed a letter submitted by Carol Mills, Guardian Angels Foundation of Elk River regarding her concerns. She indicated that the Board shares a concern for the aesthetics of the proposed project, the green space, the density, the adequacy of trees and shrubs, solar sun shading of any buildings projecting near their properties, garages, egress of driveway to Evans and traffic control. The following people spoke regarding CHW request. Joseph Crawford - 497 Gates Ave. - Opposed to this request, did not want apartments across from him as this would create traffic proplems. Alarmed at the trend to encourage transient people to come to Elk River. Felt the City was encouraging multi-family apartments, therefore becoming a bedroom community. Ron Johnson 520 3rd Street - Also felt this would create a traffic problem. Agreed with Mr. Crawford that this would bring in a lot of transient people and not long term home owners. Mr. Johnson further felt the apartments were in a bad location, would like to see them located out in the Country. Al Hopper - 402 Gates - Agreed with Mr. Crawford and Johnson - increase in traffic, also concerned about the noise and privacy. Gary Elisason - 519 5th Street of sidewalks in the area. Opposed due to the traffic problem, lack Lola Dressen 324 Main Street - Opposed - Concerned about the traffic problem and lack of sidewalks. Bonnie Hopper see townhomes stated that she was against the request and would rather than apartments. Felt sidewalks were very important. Mike Podawil tz representing complexes. These apartments tennis court and swimming residential in scale to fit properties explained the apartment be more for the middle class with They were trying to make them more with the residential area. CHW would pool. in better The citizens were given a chance to ask Mr. Podawiltz questions at this time. Nick Olsen returned to the meeting at this time. Commissioner Fuchs felt sidwalks should be addressed and not have residents walking the streets. Commissioner Schroeder would like to see the density cut down. . . . Page 6 Planning Commission Minutes 9/27/88 Steve Rohlf Building and Zoning Administrator. explained that the site would better fit 6 instead of 7 buildings. There are very few sites left for multi-family apartments. We need a wide range of housing including apartments. The City is growing and the best thing we can hope for is to shape it. Mr. Rohlf further explained that the citizens had a legitimate concern regarding sidewalks and recommend petitioning for sidewalks. It was the consenses of the Planning Commission and staff to continue the public hearing until Wednesday. October 5. 1988. until staff has time to meet with Mike Podawi1tz to further address these concerns. 10. Variance Request by Northbound Liquor/Public Hearing Chairman Kropuenske reviewed the five standards for granting a variance. Chairman Kropuenske opened the public hearing. There being no one for or against this issue. Chairman Kropuenske closed the public hearing. Fritz Do1ejs. Manager of Northbound Liquor explained that the reason they were requesting a variance was to allow for the construction of a new cooler. Sales have doubled within the last year and the cooler does not have the capacity for the increase in beer. There have been a number of complaints from the public because the beer isn't cold. COMMISSIONER KIMBALL MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR THE 11 FT. SIDEYARD SETBACK VARIANCE REQUEST BY NORTHBOUND LIQUOR. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. 11. & 12. Ordinance Amendments (Residential Lot Dimensional Regulations) by the City of Elk River/P.H. and Residential Zone Changes by the City of Elk River/Public Hearing. Steve Rohlf. Zoning Administrator explained the purpose and lot requirements for each of the three residential rings; Ring No. 1 - Agricultural. Ringe No. 2 - R-1A/Sing1e Family Residential and Ring No. 3 - R-1B and R-1C/Sing1e Family Residential. Chairman Kropuenske opened the public hearing for both items. Donald Ray was rezoning. They home. split his land because of the house next to their parents concerned would like if to he could build a Paul Medenwa1t of 12104 Highland road was concerned how this would affect them. Steve Rohlf indicated unless their area had problems the foreseeable future would be at least 5 years before sewer and water would be installed. . . . Page 7 Planning Commission Minutes 9/27/88 Mrs. Sue Lakoduk was concerned about 1.3 acres they own. if this could be built on without water and sewer. There being no further comments Chairman Kropuenske closed the public hearing. COMMISSIONER MORTON MOVED TO RECOMMElID TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMBNDMETS (RESIDENTIAL LOT DIMENSIONAL REGULATIONS) BY THE CITY OF ELK RIVER. COMMISSIONER SCHROEDER SECOND THE MOTION. THE MOTION PASSED 7-0. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR THE ZONE CHANGES WITH THE STIPULATION THAT TOWNHOUSES WOULD BE ADDED TO THE R-4 ZONE. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION PASSED 7-0. 13. Planning Commission Representative to Attend Council Meeting on 10/17/88. It was indicated that Commissioners Johnson and Chairman Kropuenske would represent the Planning Commission at the 10/17/88 City Council meeting. AT 10:30 P.M. COMMISSIONER KIMBALL MOVED TO RECOMMEND THAT THE MEETING BI CONTINUED UNTIL OCTOBER 5. 1988. 7:00 P.M. TO BE HELD AT CITY HALL SO STAFF HAS TIME TO MEET WITH MR. POTAWILTZ Am> ADDRESS THE CONCERNS REGARDING THE APARTMENT COMPLEXES. COMMISIONER JOHNSON SECONDED THE MOTION. THE MOTION PASSED 7-0. jA(l/tlJ{) /i)t2LU--' Sharon Maue Recording Secretary