Loading...
11-22-1988 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER. PUBLIC LIBRARY NOVEMBER 22. 1988 Members Present: Chairman Kropuenske. Commissioners Kimball. Fuchs. Johnson. Olsen. Schroeder and Morton Members Absent: None Staff Present: Stephen Rohlf. Building and Zoning Administrator; Steven Bjork. Zoning Assistant; and 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. 2. Consideration of 11/22/88 Planning Commission Agenda Chairman Kropuenske asked that items 8 and 9 be switched as the preliminary plat of "Shores of Briarwood" is contingent upon the variance being granted. COMMISSIONER MORTON AGENDA AS AMENDED. PASSED. 7-0. MOVED TO APPROVE THE 11/22/88 PLANNING COMMISSION COMMISSIONER FUCHS SECONDED THE MOTION~ THE MOTION 3. Consideration of 10/25/88 Planning Commission Minutes COMMISSIONER JOHNSON MINUTES AS APPROVED. MOTION CARRItD 7-0. MOVED TO APPROVE THE 10/25/88 PLANNING COMMISSION COMMISSIONER KIMBALL SECONDED THE MOTION. THE 4. Conditional Use Permit (Used Cars) by North Star Towing/Public Hearing (Tabled) This item was tabled. 5. Preliminary Plat Review of "Deerfield 4th" by Gerald Smith/Public Hearing/Public Hearing (Tabled) This item was tabled. 6. Signage Request by Pet Appeal Steven Bjork. Zoning Assistant, briefly explained the proposal and indicated that the applicants are requesting a sign interpretation for the expansion of the Elk River Mall. Staff feels that tbe signage on the mall sbould be consistent throughout the project. Dave Wolff of Barthel Realty, representing the Elk River Shopping Center Company distributed a handout on the Elk River Mall Sign Criteria, also an elevation showing how the requested sign area would appear on the expansion portion of the mall. He explained that five or six tenants would fill the expansion portion of the mall. The signage would be similar to the criteria of the rest of the mall. . . . Page 2 Planning Commission Minutes 11/22/88 The commissioners reviewed the Elk River Mall Sign Criteria submitted by Dave Wolff and amended the sign criteria with the following changes. 1. No. (c) Signage wording is restricted to store name and logo only. 2. No. (f) add wordage - approval of the City. 3. Add No. (0) That only individual illuminated lettering on Freeport side. 4. Add. No. (p) That sign permit is required by City. lettering to be essentially the same style and similar in color. Chairman Kropuenske would like to see same style of lettering. uniform and consistent with rest of mall. Commissioner Johnson agreed. stay with uniformity. Commissioner Olsen felt the tenants should have freedom of expression and not have to stay consistant and uniform. COMMISSIONER MORTON MOVED TO RECOMMENDED TO THE CITY COUNCIL APPROVAL FOR SIGNAGE FOR THE OCCUPANTS IN THE. ELK RIVER MALL WITH THE FOLLOWING STIPULATIONS: 1. CANNOT EXCEED 4' 1" TALL AND 8'1" WIDE SIGN SPACE, HIGHWAY 169 SIDE OF THE MALL ONLY. 2. SIGNAGE WORDING IS RESTRICTED TO STORE NAME AND LOGO. 3. ONLY INDIVIDUAL ILLUMINATED LETTERS ON FREEPORT SIDE THAT ABIDE BY THE SIGN CRITERIA AS AMENDED~ 4. LETTERING ESSENTIALLY SAME STYLE AND SIMILAR IN COLOR. S. THAT PET APPEAL AND ALL OTHER TENANTS OBTAIN SIGN PERMIT FROM CITY PRIOR TO INSTALLATION OF THEIR SIGNAGE~ 6. MAXIMUM SIZE OF SIGN NOT TO EXCEED 2' X 17 '-4" ON FREEPORT AVENUE. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-1. COMMISSIONER OLSEN MOVED TO DELETE LETTERING ESSENTIALLY SAME STYLE AND SIMILAR IN COLOR FROM THE MOTION. MOTION D lED FOR A LACK OF A SECOND. . . . Page 3 Planning Commission Minutes 11/22/88 7. Conditional Use Permit to Amend the Elk River Plaza PUD Agreement (Offices) by Barthel's /Public Hearing Barthel's submitted a letter withdrawing their request. 9. Variances for "Shores of Briarwood" by Ron Kuhn/P.H. Ron Kuhn explained that they were requesting a number of variances and felt that they meet the criteria for the variances. He further explained four of the lots are proposed to be accessed by a cul-de-sac stubbing off of 17Sth Avenue. He felt this was the best possible way to develop this parcel of land. Commissioner Fuchs questioned the high water mark. Steve Rohlf, Building and Zoning Administrator explained that K1eiver's Marsh is designated as a Natural Environmental Lake by the DNR. The lots as drawn on the plat include a portion of K1iever's Marsh. Steve further explained that the DNR refers to the Marsh as a lake and the City Ordinance identifies this as a lake. Commissioner Schroeder questioned the high water mark and asked if this had been established. Mr. Schroeder did not feel comfortable voting on this issue until the high water mark had been established. Steve Rohlf said don't confuse the Flood Elevation with vrdinanry High Water Mark. The DNR felt that the variance would be denied so they did not establish the high water mark. A long discussion was held regarding Kleiver's Marsh and how this would affect one of the houses on the plat. Chairman Kropuenske opened the public hearing. Ron Langbehn of 10616 17Sth Aveune who lives across the lake was also concerned about the high water mark. Dennis Chuba was in favor of this request. Mr. Chuba felt this was a fine development and felt Mr. Kuhn wanted to get the highest density possible. Would like to see this pass, promote our City. Jim Kline of 10638 17Sth Avenue questioned the 200 ft. setback from shore. He was further concerned about high water mark. Chairman Kropuenske closed the public hearing. Steve Rohlf, B & Z Administrator suggested that the developer change the configuration of the plat so there would not be so many variances. He felt the plat would accommodate three lots more so than four lots eliminating the flag shaped lot. Staff is not in favor of flag shaped lots. . . . Page 4 Planning Commissioon Minutes 11/22/88 Ron Kuhn indicated that some people like flag shaped lots and felt it was impossible to get away from these types of lots. Felt that this would be a hardship for the people building with only three lots because of the long drive. He further indicated that this does not fit the development. To pay for the road, we need four lots. We have over an acre of buildable land for each lot therefore, lot size should not be an issue. There was general discussion regarding the severity of soil slope in the plat. The Building and Zoning Administrator cautioned the commissioners that economics should not playa roll in the hardship. If they went with the three lots, Mr. Kuhn would not need the variances. Commissioner Fuchs felt there was problems with the situation as is. Would like to see this tabled until the DNR and City Staff determine what the high water mark is. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE PLANNING COMMISSION THAT THE DNR AND CITY STAFF DETERMINE THE 'HIGH WATER MARlC COMMISSIONER OLSEN SECONDED THE MOTION. AT THIS TIME NO VOTE WAS TAKEN. The Planning Commissioner felt there was some controversy regarding Bill Harju's comments and Terry Maurer's comments regarding suitability for construction and septic systems for this plat. They would like their comments clarified. Tim Keane, City Attorney, cautioned the Planning Commission to focus on the issue rather than the economic issue. COMMISSIONER FUCHS ALTERATION TO THE MOTION PASSED 7-0. MOVED PLAT. TO TABLE THIS UNTIL THE DEVELOPER MADE COMMISSIONER OLSEN SECONDED THE MOTION. THE The Planning Commission recessed at 9:45 p.m. and reconvened at 9:55 p.m. Preliminary Plat Review of Hearing This item was tabled as granted. "Shores of Briarwood" by Ron Kuhn/Public it was contingent upon the variances being . . . Page 5 Planning Commission Minutes 11/22/88 10. Commercial Zone changes by the City of Elk River/Public Hearing Tim Keane, Attorney for Larkin, Hoffman, explained the reason for the Commercial zone changes indicating that the City of Elk River has recently adopted a Growth Management Plan. He noted that the City is requesting the Commission to consider a zone change for commercial property to implement the plan. Steve Rohlf, thirteen areas explained these explained that changes. Building and Zoning Administrator, noted that there were for possible zone changes. Mr. Rohlf reviewed and zone changes by area for the Commission. He further staff had put alot of time and thought into these zone Chairman Kropuenske opened the public hearing. Area 1 COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITIOF ELK RIVER FROM C-4Z0NING DESIGNATION TO C-3/HIGHWAY COMMERCIAL. COMMISSIONER. MORTON SECONDED THE 'MOTION. THE MOTION CARRIED 7-0. Area 2 COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITY' 'OF ELK RIVER FROM R-1C AND C-4 DESIGNATION TO PUD. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION CARRIED 7-0. Area 3 COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITY OF ELK RIVER FOR LOTS EAST OF LOWELL AVENUE. ONE LOT DEEP SOUTH OF MAIN STREET TO BE CHANGED TO C-l. LOTS SOUTH OF THE THAT TO BE ZONED CHANGED TO R-2B. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Area 4 COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CIT!.OF'ELK RIVER FROMA'PUD TO C-2 FOR THE NORTHERN PORTION AND THE SOUTHERN PORTION . ALSO ZONED' CHANGED TO C-2. COMMISSIONER JOHNSON SECONDED'THEMOTION.. ,THE MOTION CARRIED '7-0. . . . Planning Commission Minutes 11/22/88 Area 5 COMMISSIONER rUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITY OF ELK RIVER FOR THE WESTERN PORTION OF OF AREA 5 BE CHANGED TO C-1 AND THE EASTERN PORTION BE CHANGED TO C-2. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7~0. Area 6 Kermit Bode of 323 Main Street was in favor of the zone change. Elly Kretsch of 413 Main was also in favor of the zone change. Ms. Kretsch felt people were interested in commercial property. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITY OF ELK RIVER FROM RESIDENTIAL TO C-2 COMMERCIAL. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Kimball voted against this request. Area 7 COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITY' OF ELK RIVER FROM R-1B TO C-3 COMMERCIAL. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 6-1. COMMISSIONER OLSEN ABSTAINED FROM THE VOTE. Area 8 Commissioner Fuchs indicated that he finds this zone change hard to accept as this would allow car washes etc. in this area. Commissioner Fuchs feels this would be a bad choice to put a service station in residential area. Chairman Kropuenske where it lies. would rather see this area zoned C-2 because of Steve Rohlf. Building & Zoning Administrator. indicated that to zone change this area to C-2 this would have to be readvertised and amend the Land Use Map. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A A ZONE CHANGE BY THE CITY OF ELK RIVER FROM R-1B RESIDENTIAL TO C-2 COMMERCIAL. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. . . . Page 7 Planning Commission Minutes 11/22/88 Area 9 COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITY OF ELK RIVER FROM R~lA AND R-1B TO PUD. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION CARRIED 7-0. Area 10 COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUEST BY THE CITY OF ELK RIVER FROM R-3 TO C-3/HIGHWAY COMMERCIAL. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7- o. Area 11 Commissioner Fuchs felt and he had mixed feelings would be bettter suited Commissioner Fuchs. this would have a tendancy to be strip zoning on rezoning this. Commissioner Fuchs felt this for commercial. Chairman Kropuenske agreed with COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE REQUISTrROM R-1CTOR"'"lB. COMMISSIONER 'OLSEN SECONDED THE MOTION. THE MOTION CARRIED 6-1. ' COMMISSIONER FUCHS VOTED NAY. Area 12 COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR A ZONE CHANGE FROM R~lA TO 1-1 BY THE CITY OF ELK RIVER. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 4-3. Commissioner Kimball. Fuchs and Chairman Kropuenske voted against this request. as they felt this would be better suited for commercial. Area 13 Pat Cherney of 15424 Highway 10 was in approval of the zone change. Ed Schmiek of 9975 Higwhay 10 was also in favor of the request. Chairman Kropuenske closed the public hearing. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL lOR A ZONE CHANGE BY THE CITY OF ELK RIVER 'FOR THE ENTIRE AREA TO A C-3 EXCEPT FOR THE R & R INDUSTRIAL PARK ANDAR-MON COMMERCIAL PARK. WHICH WOULD BE CHANGED TO 1-1. COMMISSIONER SCHROEDER SECONDED THE MOTION. THE MOTION CARRIED 7-0. 11. Ordinance Amendments by the City of Elk River (Sections 900.08. 900.10. 900.12. 900.14. 900.16 and 900.18) Public Hearing Chairman Kropuenske opened the public hearing. . . . Page 8 Planning Commission Minutes 11/22/88 Section 900.08 - Titled "Definitions" A number of additional definitions were requested: (1) Private Recreational. (2) Personal Service Establishment and (3) Screened Storage. Mr. Keane. City Attorney promised to send these to staff. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL or AN ORDINANCE AMENDMENT TO SECTION 900.08 TITLED. "DEFINITIONS" AS PROPOSED IN STAFF'S MEMO WITH THE ADDITIONAL DIFINITIONS REQUESTED~- -COMMISSIONER MORTON SECONDED THE MOTION. -THE MOTION- PASSEDi-O. Section 900.10 (1) - Titled "Zoning Districts COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR AN ORDINANCE AMENDMENT TO SECTION 900.10 TITLED. "ZONING DISTRICTS" AS AS PROPOSED IN STAFF'S' MEMO. COMMISSIONER MORTON SECONDED THE MOTION, THE MOTION CARRIED 7-0~ Section 900.12 Titled "Principal Uses by District". Section 900.14. Titled. "Accessory Uses by District" and Section 900.16 Titled. "Conditional Uses by District" The following corrections were made to Section 900.12 "Principal Uses by District" Titled. (1) Page 7. Item 1 "offices." Permitted Uses No. (a) - change "uses" to (2) Page 8. Item No. (b). Conditional Uses Eliminate No. (e) and 3 (3) Page 9. Item 1 - Permitted Use - No. (b) change "Open" to "Screened." (4) Page 10. Item 3 - Conditional Uses - No.(b) change "Reserved" to "Truck Te rminal s . " (5) Page 10. paragraph three the word neighbor should read as "neither" (6) Page 12, Item 3 Administrative Procedure requestingt should read as "requesting." No. (a) the word (7) Page 12. Item 3 Administrative Procedure- No. (b) the word subdiviion should read as "subdivision." The Planning Commission proposed that a "Statement of Purpose" be added for for each zoning designation. . . . Page 9 Planning Commission Minutes 11/22/88 COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 900.12 TITLED, "PRINCIPAL USES BY DISTRICT". SECTION 900.14 TITLED, "ACCESSORY. USES BY DISTRICT" AND SECTION 900.16 TITLED. "CONDITIONAL USES BY DISTRICT TO BE RECODIFIED AS SECTION 900.12 TITLED, "PERMITTED, ACCESSORY AND CONDITIONAL USES BY DISTRICT AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 7- o. Section 900.18 - Titled "Schedule of Dimensional Regulations COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 900.18 TITLED, "SCHEDULE OF DIMENSIONAL REGULATIONS" AS PROPOSED IN STAFF'S MEMO. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Chairman Kropuenske closed the public hearing. 12. Change Date of December Planning Commission Meeting It was the consensus Planning Commission on holidays. of the Commission and Staff to hold the December Tuesday, December 20, 1988 because of the 13. Planning Commission Representative to Attend December City Council meeting. It was indicated that Commissioners Schroeder and Fuchs would attend the December 19, 1988 City Council meeting. Chairman Kropuenske invited the other Commissioners to attend. 14. Adjournment There being no further business, COMMISSIONER FUCHS MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 11:45 p.m. ~fJ7~ :;haron Maue Recording Secretary