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10-25-1988 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 25. 1988 Members Present: Chairman Kropuenske. Commissioners Kimball. Johnson. Olsen. Schroeder (7:30 p.m.) Members Absent: Commissioners Morton and Fuchs Staff Present: Stephen Rohlf. B & Z Administrator and 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. 2. Consider 10/25/88 Planning Commission Agenda Item 9. "Project Update" which included discussion on commercial zone changes and environmental issues were added to the agenda. COMMISSIONER OLSEN AGENDA AS AMENDED. CARRIED 4-0. MOVED TO APPROVE THE 10/25/88 PLANNING COMMISSION COMMISSIONER JOHNSON SECONDED THE MOTION~ THE MOTION 3. Consider 9/27/88 Planning Commission Minutes Chairman Kropuenske noted that the last sentence of Item 7. should be revised to read as follows: "1st National Bank" instead of "Bank of Elk River." Commissioner Olsen noted on page 4. the motion was made by Commissioner Schroeder. and the motion carried 6-0 not 5-0. COMMISSIONER OLSEN MINUTES AS AMENDED. CARRIED 4-0. MOVED TO APPROVE THE 10/25/88 PLANNING COMMISSION COMMISSION JOHNSON SECONDED THE MOTION. THE MOTION 4. Consider 10/5/88 Planning Commission Minutes COMMISIONER OLSEN MOVED TO APPROVE THE 10/5/88 MINUTES. COMMISSIONER JOHNSON SECONDED THE MOTION. 4-0. PLANNING COMMISSION THE MOTION CARRIED Commissioner Schroeder arrived at this time. 5. Consider Conditional Use Permit Request (Daycare for 13 or more Children in a Church or Public Building) by Reach-Up/Public Hearing. Chairman Kropuenske explained that Reach-up of St. Cloud is requesting a conditional use permit to allow the operation of a daycare. The operation is proposed for the first floor of the Parsonage Fellowship Hall of the Elk River Assembly of God Church. Steven Bjork. Zoning Assistant. briefly reviewed the site conditions for the proposed daycare as outlined in his memo. He further indicated that the State Fire Marshall has inspected the site and it will have to meet State Building Code for daycares. He further explained the hours of operation. this would include two sessions per day. . . . Page 2 Planning Commission Minutes 10/25/88 Chairman Kropuenske opened the public hearing. Mr. Larry Ketchum of Reach-Up Inc. explained that they are not required to have outside play area as they have classes three hours or less. All activities are proposed to take place within the building. They are State and Federal funded serving low income people and the handicap to give them a better start on their education. This would include three and four year olds. Stephen Rohlf explained that he did receive a call from Mr. Williams regarding his concern with the number of children that the daycare would service. Chairman Kropuenske closed the public hearing. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT BY REACH-UP INC. TO ALLOW THE OPERATION OF A DAY CARE WITH THE FOLLOWING STIPULATIONS: 1. THE DAY CARE IS TO TAKE PLACE IN THE PARSONAGE BUILDING. 2. THE DAY CARE IS ALLOWED A MAXIMUM OF 18 CHILDREN AT ONE TIME. 3. THE HOURS OF OPERATION SHALL BE FROM 8:30 A.M. TO 2:30 P.M.. MONDAY THROUGH FRIDAY. TWO SESSIONS PER DAY. 4. PROVIDE ONE OFF-STREET PARKING STALL FOR EACH DAY CARE STAFF MEMBER AND TWO ADDITIONAL PARKING STALLS. 5. THE CHILDREN MUST BE BUSED TO THE SITE. IN THE EVENT THAT BUSING IS DISCONTINUED. THE CONDITIONAL USE PERMIT WILL NEED TO BE REVIEWED TO ADDRESS ADDITIONAL TRAFFIC AND PARKING CONCERNS. 6. THE DAYCARE MUST RECEIVE APPROVAL TO OPERATE FROM THE STATE FIRE MARSHALL AND CITY BUILDING OFFICIAL. 7. THE CONDITIONAL USE PERMIT WILL BE REVIEWED AFTER TWO YEARS. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Consider Conditional Use Permit Request (Allow Business and Professional Office Uses and Personal Services in the Elk River Mall) by Elk River Shopping Center Corporation/P.R. Steve Rohlf explained that Elk River Shopping (Barthel Construction) is requesting a conditional use permit to amend the developer's agreement for the Elk River Mall. Phase I and II. to allow business and professional offices. These uses were originally excluded from the developer's agreement to ensure that the mall would not compete with the downtown area for these types of businesses. At this time. Chairman Kropuenske reviewed the standard for a conditional use permit as other items were also requesting conditional use permits. . . . Page 3 Planning Commission Minutes 10/25/88 Ann Raymond of "Trading Wins Paperback Exchange" asked that No. 1 and No. 4 standards for a conditional use be reviewed again. Ms. Raymond felt that approval of Barthel's request would detrimentally affect the businesses in the mall and create a hardship. She felt that business and professional offices should not be allowed with retail business. The mall has a difficult time keeping business because of the high rent. John Greese, Attorney like the flexibility, offices in the mall. from downtown. We have sucessfu1 business. for the Elk River Mall, indicated that they would if needed, to allow business and professional It is not their intention to take business away been on the tenants side to make the mall is a Ed Orwa11 owner of Jean's Hallmark was against the request. He was under the understanding that the mall was going to stay retail. He stated people were leaving because of the high rent to make this a profitable shopping center. He further noted that professional offices had nothing in common with retail business. He felt that offices do not have the same interest and same leases. We need traffic that the retail stores provide. Cindy Hadley - Opposed - Felt the developers were not interested in the mall. Jake A1breck who lives in Deerfie1d 3rd indicated that he would like to see retail stores in one area, not mix them with offices. Ken Barthel indicated that they have a lot of competition across the street and questioned why they were not restricted to retail only. Kevin Owens offices. Opposed - Indicated that this should stay retail and not Jim Bundy of 10860 Rawlins was opposed to this request. John Greese felt this was a further indicated that it was professional offices in the mall. zoning issue and not a lease issue. He not the landlords intent to put all Steve Rohlf, Building and Zoning Administrator noted that some type of offices would enhance their business and generate more business traffic. Chairman Kropuenske felt this was a zoning issue and the discussion was more along the line of resolving lease and communication problems. It was the consensus of the Commissioners that they would like to see the merchants and mall owners work out a compromise. Ann Raymond said a meeting was scheduled with the owners later on that week. . . . " Page 4 Planning Commission Minutes 10/25/88 After a lengthly discussion on this matter. several Planning Commission members requested that staff contact the City Attorney and obtain a legal opinion on this matter. Specific concerns that the Planning Commission had were: 1. Whether or not the City has the authority to amend the PUD Agreement. 2. Whether or not the City has any responsibility for guarantees that the owners of the mall made to its tenants. 3. Whether or not the proposed amendment would have a detrimental affect on the surrounding property owners. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL TO TABLE THIS ISSUE UNTIL WE CAN GET A LEGAL OPINION 'FROM THE CITY ATTORNEY ON: 1. DETERMINING WHETHER OR NOT DISALLOWING THESE TYPES OF USES WOULD CONSTITUTE' ABRITRATION AND CAPRICIOUS ACT. 2. DETERMINING HOW THIS REQUEST COMPARES WITH STANDARDS CONDITIONAL USE PERMIT. FOR A 3. IF THE CITY HAD TO CONSIDER THE MALL TENNANTS LEASES WHEN REVIEWING THIS ISSUE. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 5-0. 7. Consider Conditional Use Permit (Used Car Sales in the C-3A Zone) by Northstar Service/P.H. It was the consensus of the Planning Commission to table this issue until adequate information is provided to the City. The site plan that was submitted was not adequate for review purposes. The petitioners were not in attendance for this issue. COMMISSIONER INFORMATION. CARRIED 5-0. SCHROEDER MOVED TO COMMISSIONER KIMBALL TABLE THIS ISSUE BECAUSE OF LACK OF SECONDED THE MOTION. THE MOTION 8. Preliminary Plat Review for Deerfield 4th by Elk River Development Corporation It was the consensus of the Planning Commission to table this issue due to lack of accurate information on the plat to address this issue. Chairman Kropuenske indicated that they would open the public hearing beacuse of the number of people present for this issue. Kevin Owens - 11326 192nd Avenue - stated his concern regarding traffic on 192nd Avenue. He was further concerned about adequate lighting in this area. . . . ~ Page 5 Planning Commission Minutes 10/25/88 Jay Galbrecht - 11369 192nd Avenue - Questioned if there was going to be a park designated for this area. When he bought his house he was under the impression that there would be a park in this area. Stephen Rohlf. Building & Zoning Administrator. explained that it is the City's option to request either 10% of the land being develped for parks or the payment of the park dedication fee. Meg Owens questioned if this was going to be only single family homes. Jim Reiners 11326 192nd Avenue - questioned signage for the area. Because of the number of children in the area. he would like to see some sort of signs posted regarding traffic. Chairman Kropenske explained that the public hearing would be continued. He further eXplained that they could not address these issues for lack of adequate information. Staff indicated that the neighbors would be renotified when this item would be before the Planning Commission at a later date. COMMISSIONER SCHROEDER MOVED SUBMITTED UPDATED I NlORMATION ~ THE MOTION CARRIED 5-0. TO TABLE THIS ITEM UNTIL THE PETITIONERS COMMISSIONER JOHNSON SECONDED THE MOTION~ 9. Project Update a. Danny's Tranies Stephen Rohlf. Building & Zoning Administrator. explained that John Lickner and himself would be reviewing the site in a couple of days regarding environmenal problems. b. Commercial Zone Changes It was the consensus of the Planning Commission that they would like a work session on the Commercial Zone Changes before the November meeting. c. Environmental Review of the NSP's. RDF Processing Facility Stephen Rohlf explained one of the most serious concerns staff has with the environmental soundness of the NSP. RDF processing facility is groundwater contamination. He further explained that John Klovning. Environmental Consultant for the City. will be researching the documentation for approval to see how this was addressed. If the permit does not require NSP to retain fire suppression water that comes in contact with garbage. staff feels that a mistake has been made that should be addressed the next time NSP's license is renewed. . . . Page 6 Planning Commission Minutes 10/25/88 10. Seminar Update Commissioner Johnson Government Training Earle Brown Center. indicated Seminar to that she would like to attend the be held on Thursday. January 5. at the 11. Planning Commissioner Representative to Attend Council Meeting November 21. 1988. It was indicated that Commissioners Schroeder and Kimball would attend the November 21. 1988 City Council meeting. 12. Adjournment There being no further business. COMMISSIONER OLSEN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION PASSED 5-0~ The meeting of the Elk River Planning Commission adjourned at 10:45 p.m. ~~m~ Sharon Maue Recording Secretary