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12-20-1988 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER CITY HALL DECEMBER 20. 1988 Members Present: Chairman Kropuenske. Commissioners Kimball. Fuchs. Johnson. Olsen. and Schroeder Members Absent: Commissioner Morton Staff Present: Stephen Rohlf. Building and Zoning Administrator 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 7:10 p.m. 2. Consideration of 12/20/88 Planning Commission Agenda Stephen Rohlf requested that Item 11.5 "Environmental Discussion Update." be added to the agenda. Chairman Kropuenske requested that "Chairman Update" be added as Item 12 and that "Adjournment" be moved to Item 13. COMMISSIONlR. IUCHS MOVED TO APPROVE COMMI SSIONlR. KIMBALL SECONDED THE MOTION. THE 12/20/88 AGENDA AS AMENDED. THE MOTION PASSED 6-0. 3. Consideration of 11/22/88 Planning Commission Mintues The following changes were made to the 11/20/88 Planning Commission Minutes: Page 1 - Item 2 - Change "items 7 and 8" to "items 8 & 9." Page 2 - Change numbering of stipulations in motion to 1. 2. 3. 4. 5 and 6. They were incorrectly numbered. Page 5 - Area 2 - Change "Commissioner Morton" to "Commissioner Olsen". Page 6 Area 5 - Change "Commissioner Fuchs seconded the motion" to "Commissioner Morton seconded the motion." Page 6 Area 7 - Change "Motion carried 7-0" to "Motion carried 6-1 - Commissioner Olsen Abstained from the vote." Page 7 - Area 11 - Change "Motion carried 7-0" to "Motion carried 6-1 - Commissioner Fuchs voting nay." Page 7 - Area 12 - Change "Commissioner Kimball seconded the motion" to "Commissioner Morton seconded the motion." Page 9 Item 13 Change "Commissioner Kimball and Olsen" to "Commissioner Schroeder and Fuchs" would attend the 12/19/88 City Council meeting. COMMISSIONER KIMBALL MINUTES AS AMENDED. MOTION PASSED 6-0~ MOVED TO APPROVE THE 11/22/88 PLANNING COMMISSION COMMISSIONER SCHROEDER SECONDED THE MOTION. THE . . . Page 2 Planning Commission Mintues 12/20/88 4. Preliminary Plat Review of "Deerfield 4th" by Gerald Smith/P.H. Chairman Kropuenske opened the public hearing. Jay Galbrecht of 11369 192nd Avenue was concerned about the safety and traffic regulations. He had talked to a number of neighbors and they had also indicated they were concerned about safety regulations regarding traffic. Mr. Galbrecht would like to see Dodge Avenue swing out to the west and not abutt his property. He further indicated that a number of the residents had children under three years of age and with the additional traffic there could be safety problems. Jim Riener of 11393 192nd questioned the designated park area. Robert Thiess of 19130 Baldwin would like to see the park area increased. Jerome Bank en of 11366 192nd Avenue felt there was a need for a park in that area. Dorence Thorn questioned the park area and if it would be large enough. Steve Rohlf, Building & Zoning Administrator addressed these issues by indicating that the petitioner has noted a 1.8 acre park within the plat. The plat consists of 33 acres total. The City can require up to 10% of the raw land for park. The park would be 3.3 acres. It is the City's choice whether to accept land or cash in lieu of land for park dedication. Steve Rohlf explained that 10% of the raw land in a plat was found to be reasonable amount for park dedication. Lou and Leo Pollick indicated they were suprised at the amount of land proposed for the park. Steve Rohlf explained at the time of the first concept review this issue was fully discussed. Mr. Rohlf further explained that the whole plat showed up as a park in Deerfield 3rd Addition. Mr. Pollick felt the City was taking a big hunk out of the plat for park area. Chairman Kropuenske closed the public hearing. Commissioner Kimball was concerned with off street parking, if this would reduce the size of the park area. If we allow for parking Commissioner Kimball felt the park area should be a little larger. A lengthy amount of time was spent on discussion of the park area, off street parking and fencing of the park area. Commissioner Fuchs felt the City should not have to buy back property for additional park land. This should be part of the plat. Commissioner Fuchs felt 10% of the raw land was a resonable amount for Park dedication. Steve Rohlf feels the City should not pick up the cost for additional park land. Commissioner Schroeder felt the developer should not be responsible for a larger park area and that the City should share some of the responsibility. . . . Page 3 Planning Commission Minutes 12/20/88 After discussion was concluded regarding the park area, it was the consensus that staff and commissioners would like to see a fence along the roadway when the park is developed. Steve Rohlf, B & Z Administrator addressed the traffic issue indicating that our Growth Management Plan identifies an east, west collector tying Tyler Street and 169th together. Staff recommends that it be planned to the north of Deerfie1d 3rd Addition to avoid through traffic on the local residential streets in Deerfie1d 3rd and 4th. Commissioner Kimball indicated he would like to see 10% grade between garage slab and road, also that this should be turned into an ordinance. Staff had no problems with limiting the slope of the driveway to a maximum of 10%. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PLAT FOR DEERFIELD 4TH BY THE ELK RIVER DEVELOPMENT COPPORATION WITH THE STIPULATIONS AS PER STAFF'S MEMO WITH THE 'ADDITIONAL STIPUALTIONS: 1. PARK DlmlCA'rION WOULD BE 2.5 ACRES WITH FENCES CONSTRUCTED BY THE CONTUCTORASWELL AS PAVING FOR PARKING' BY THE CONTRACTOR. ' 2. THAT TERRY MAURER. CITY ENGINEER REVIEW PARKING FOR PARK AREA. 3. THAT A MAXIMUM OF 10% SLOPE BE ALLOWED FOR DRIVEWAYS IN THE PLAT. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Consider Variance Request for a Sign by UPA/P.H. The City Council made the interpretation that UPA would be allowed one 128 sq. ft. sign. therefore. the variance is not required. 6. Conditional Use Permit (Truck Terminal) by Metropolitan Grave1/P.H. Steven Bjork explained that Metropolitan Gravel is requesting a conditional use permit to operate a truck terminal. The proposed site will be used for maintenance of the tractors and trailers. Staff is concerned with the fueling station. Dave Hanson consulting engineer on the site plan explained that the facility would be used for minor repairs to their tractors. The applicant indicated that they are in agreement with all the stipulations developed by staff with the exception of washing of vehicles on the site. The applicant indicated they would like to do cosmetic washing of the tractors. There would be parking available for office staff. which meets City code. . . . Page 4 Planning Commission Minutes 12/20/88 Chairman Kropuenske opened the public hearing. No one appeared for or against the request. Stephen Rohlf explained that he did receive a call from Mrs. Joan Johnson regarding traffic. Chairman Kropuenske closed the public hearing. Commissioner Fuchs questioned the contamination of water if washing of trucks was allowed outside. Commissioner Fuchs further questioned the exterior of the building. Mr. Hanson explained that they were looking at a steel building (possibly baked enamel). We would like the building to be such that it would have a resale value. Commissoner Kimball would like to see some relief from just steel buildings. Stephen is that plant. Rohlf, B & Z Administrator indicated one reason for the building the applicant had received the NSP hauling contract for the RDF General discussion was held regarding lighting and fencing. Dave Hanson explained that there will be lighting on the fuel station and on each corner of the building. He further indicated they are proposing to fence the entire site. We will be using a 6 ft. chainlink fence with three strand barbwire along the top. COMMISSIONER I'UCHS MOVED TO RECOO4END TO THE CITY COUNCIL APPROVAL FOR A CONDITIONAL USE PERMIT TO OPERATE A TRUCK TERMINAL BY METROPOLITAN GRAVEL WITH THE FOLLOWING STIPULATIONS: 1. THAT NO MAINTENANCE OR CLEANING OF VEHICLES OR RDF TRAILERS BE DONE OUTSIDE OF THE STRUCTURE AND ABSOLUTELY NO WASHING OF THE INTERIOR OF THE TRAILERS WILL BE ALLOWED ON SITE WITH THE EXCEPTION OF COSMETIC WASHING OF THE TRACTORS. 2. ALL OUTSIDE STORAGE SHALL BE LOCATED WITHIN THE SCREENED AREA INDICATED ON THE SITE PLAN. 3. THAT THE AREA BE ENCLOSED WITH A 6 FT. HIGH CHAIN LINK FENCE WITH THREE STRAND BARWIRE ALONG THE TOP AND OPAQUE MATERIAL BE INSTALLED ALONG JARVIS STREET ON THE 156TH AVENUE SIDE. 4. 'fRAT THE OFF STREET PARKING AREA BE SURFACED WITH BITUMINOUS AND THE REKIANING AREA BE SURFACED WITH CRUSHED BITUMINOUS. 5. 'fRAT 'I'D DMINAGE PLAN BE ACCEPTABLE TO THE CITY ENGINEER. . . . Page 5 Planning Commission Minutes 12/20/88 6. I NgfALL SEPTIC CONCRETE SYSTEM TO CURB STOPS AROUND THE GREEN SPACE USED FOR THE PREVENT VEHICLES FROM DRIVING ACROSS THIS AREA. 7. THAT THE TRUCKS ACCESS THE SITE OFF OF 156TH AVENUE AS SOON AS THIS ROAD IS CONSTRUCTED. OOMMlSS!ONlR OLSEN SlCONDED THE MOTION. THE MOTION PASSED 6-0. 7. Consider Variance Request for a Sign by Security Financial/P.R. At this time. Chairman Kropuenske read the five standards for granting a variance. Steven Bjork, Zoning Assistant explained one concern that staff has with this request is that the message center as shown protrudes out across the sidewalk. The pylon structure would have to be moved approximately 5 ft. in order for the sign not to extend out over the right-of-way. Staff feels any moving of the pylon sign would create parking and traffic p rob lems . Chairman present Kropuenske opened the public hearing. There being no one for this item, Chairman Kropuenske closed the public hearing. Dave Shannon representing Security Financial Banking and Savings of Elk River was present to address the variance request. Mr. Shannon explained that the existing sign is inappropriate. The bank is proposing to use the electronic message center for business related messages and would be made available for the advertisement of community events. The electronic message center will benefit the community as well as Security Financial. Mr. Shannon further eXplained that the bank would be willing to move the pylon sign in order for the sign not to project out across the public right-of-way. The Planning Commission discussed this request in great length. General discussion was held regarding signage whether or not this should be part of the sign ordinance. Chairman Kropuenske felt this sign fits within the sign ordinance. Chairman Kropuenske further felt that we would be setting a precedence for other businesses if we approve the variance for this sign. Commissioner Kimball agreed with Chairman Kropuenske this would be setting a precedence. Commissioner Olsen was in favor of the request - very few places are available where one can get a message out. Re liked the idea of an electronic message center to advertise community events. At this time, a letter was submitted from Laurie Langerud of Security Financial explaining their request. Stephen Rohlf, Building & Zoning Administrator cautioned the Planning Commission variances cannot be approved because of economic factors. Commissioner Fuchs was opposed to this request as we would be setting a precedence and not following the ordinance. . . . Page 6 Planning Commission Minutes 12/20/88 OOMMlSSIONBR FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST BY SBCURITY FINANCIAL BECAUSE THIS WOULD BE SETTING A PRECEDENCE. COMMISSION' KIMBALL SECONDED THE MOTION. THE MOTION CARRIED 4-1-1. COMMISSIONER OLSEN VOTING NAY'ANDCHAIRMANKROPUENSKE ABSTAINING FROM THE VOTE ~ . 8. & 9. Variances and Preliminary Plat Review for "Shores of Briarwood" by Ron Kuhn/Public Hearing Chairman Kropuenske opened the public hearing. Dennis Chuba was in favor of the request. Steve Rohlf explained that he had received a call from Ron Langbehn explaining he was against the variance regarding lot size. Chairman Kropuenske also noted that the City had received a letter from Jim Kline regarding his concerns with the plat. Jim Kline of 10528 175th Avenue indicated there was a problem with ownership of a strip of land he owned. Mr. Kline indicated he would like to see this issue settled before this was approved. Chairman Kropuenske closed the public hearing. Chairman Kropuenske indicated that he would ownership of the strip of land included in the issue goes to Council. Chairman Kropuenske regarding this issue. also like to see the plat settled before this felt we were being used Commissioner Fuchs would like to see three lots instead of four. Three lots would eliminate the need for several of the variances. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT FOR "SHORES OF BRIARWOOD" WITH LOTS 2. 3. AND 4 TO BE DIVIDED INTO TWO LOTS. ALL LOTS BE IN COMPLIANCES WITH THE NECESSARY ACREAGE. THUS ELIMINATING THE NEED FOR THE MINIMUM LOT SIZE VARIANCES. THE FOLLOWING STIPULATIONS WERE ALSO RECOMMENDED: 1. THAT $400 IN PARK DEDICATION FEE BE PAID FOR THE TWO ADDITIONAL BUILDING SITES CREATED WITHIN THE PLAT. 2. THAT THE DEVELOPER REDUCE THE DRIVEWAY FOR THE FLAG SHAPED LOT THAT CONNECTS LOT 1. BLOCK 1 TO THE CUL-DE-SAC TO 40 Fr. IN WIDTH. ALSO. THAT THE DRIVEWAY ON THAT 40 FT. FLAG SHAPED LOT BE REQUIRED TO HAVE ENGINEERING TO ASSURE THAT EROSION PROBLEMS DO NOT OCCUR. 3. THA'l' 'I'D D!WLOPER REIMBURSE TRB CIn FOR THE CO ST OF REVIEWING THI S 'LAT PRIOR TO THE COUNCIL ACTING ON FINAL PLAT REVIEW . . . . Page 7 Planning Commission Minutes 12/20/88 4. 'fHA'f TRlUUt BE A ON! YIAR COMPLETION DATE FROM THE DATE OF FINAL PLAT APPROVAL FOR THE COMPLETION OF THE IMPROVEMENTS ASSOCIATED WITH THIS PLAT. 5. THAT THE COST OF THE IMPROVEMENTS IN THIS PLAT BE COVERED BY A LE'1"1'ER OF CREDIT '1'0 COVER 100% OF THE COST OF THOSE IMPROVEMENTS. ALSO. THAT ONCE THE IMPROVEMENTS ARE ACCEPTED, A 25% WARRANTY BOND BE POSTED BY THE DEVELOPER IN FAVOR OF THE CITY FOR A ONE YEAR PERIOD. 6. THE /\MOUN'!' Tlll DEVELOPER PAY THE CITY FOR THIS FIRST SEAL COATING BE REDUCED TO $700 DOLLARS. 7. THE FUTURE ACCESS '1'0 LANDS ADJACENT TO THIS PLAT WILL BE ACCOMPLISHED BY HAVING THE RIGH'l'-OF-WAY TO POLK STREET ABUTT THE WESTERN BOUNDARY OF THIS PLAT FOR .AT LEAST 60 FT. IN. WIDTH. 8. NO BUILDING PERMITS BE GRANTED UNTIL THE ROAD HAS CLASS 5 ACCEPTED THE CITY. g. THAT 'I'D TRUE LOTS IN THE PLAT BE GRANTED VARIANCES OF 150 FT. FROM Tim aoo F'f. SlTMCK' REQUIREMENT FOR NATURAL ENVIRONMENl'AL LAKES BY THE DNa. THIS IS FOR THE STRUCTURES ONLY . COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Site Plan Review (24 Unit Apartment) by Gary Santwire Steven Bjork. Zoning Assistant, explained that Gary Santwire is requesting a site plan reveiw for a 24 unit apartment in Barrington Place. Mr. Bjork reviewed the site plan issues as outlined in staff's memo. Mr. Bjork explained since the apartments have already been approved, the Planning Commission will only be reviewing site plan issues. Gary Santwire was in attendance to address the off street parking issue and agreed with all stipualtions as outlined in staff's memo except for parking. Mr. Santwire indicated they were proposing 24 enclosed stalls and 24 open stalls. The project is proposing a play area in lieu of the additional twelve parking stalls. COMMISSIONER FUCHS MOVED TO APPROVE THE SITE PLAN REVIEW FOR 24 UNIT APARTMENT COMPLEX BY GARY SANTWIRE WITH THE STIPULATIONS AS SET FORTTH IN STAFF I S MEMO WITH THE ADDITIONAL STIPULATION: 1. THE APRTMENT COMPLEX MUST PROVIDE 24 ENCLOSED AND 28 OPEN OFF STREET PARKING STALLS AND THE PLAY AREA AS PROPOSED. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Page 8 Planning Commission Minutes 12/20/88 11. Planning Commission Representative to Attend January 23. 1989. City Council Meeting. It was indicated that Commissioners Fuchs and Kimball would attend the January City Council meeting. 11.5 Environmental Issues Stephen Rohlf. B & Z Administrator. briefly reviewed the issue of ash disposal that was discussed at the City Council meeting on December 19. 1988. Mr. Chris Kreger of the Elk River Landfill. Inc. informed the Council they had been negotiating with Hennepin County to receive ash from their mass burn site. It was the consenus of the Planning Commission they were phi1isophica11y against bringing ash to Sherburne County at this time as they were not certain of the safety of this site for ash disposal. 12. Chairman Update Chairman Kropuenske explained that this would be his last meeting as he was elected to be on the City Council 13. Adjournment There being no further business. COMMISSIONER SCHROEDER MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING" COMMISSION. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 11:55 p.m. Sharon Maue Recording Secretary