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03-31-1987 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY ON MARCH 31, 1987, AT 6:00 P.M. Members Present: Chairman Wilson, Commissioners Kropuenske, Temple, Kimball, Morton, Barrett and Commissioner Fuchs arriving at 6:50 p.m. Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator 1. The meeting was called to order at 6:07 p.m. by Chairman Wilson. 2. Consideration of 3/31/87 Planning Commission Agenda Chairman Wilson announced that Mike Ziegler #14 has requested to be moved to an earlier position on the agenda. It was the consensus of the Planning Commission that this was agreeable and that item #14 would be moved to item #7.5. eOMMISSIONlR BAIU\B'l"l' MOVED TO APPROVE THE 3/31/87 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consideration of 2/24/87 Planning Commission Minutes On page 7 under item 4113, the second paragraph should read "in the area on the East side of 169." COMMISSIONER KROPUENSKE MOVED TO APPROVE THE 2/24/87 PLANNING COMMISSION MINUTES WITH CORRECTION. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Consider Zone Change Request by Irene Mayer/Public Hearing Jeff Mastley was present on behalf of Irene Mayer to request a zone change from A-1/Agriculture Conservation to R1-a/Single Family Residential on the property legally described as the North one-half of the Southwest one-quarter of Section 19. Township 33, Range 26, Sherburne County, Minnesota. The main concern of the Commission was the affect this zone change would have on adjacent property values. Stephen Rohlf, Building and Zoning Administrator, stated that the lot sizes in an A-1 zone and an R1-a zone are the same, 2 1/2 acres, and that many other parcels in this area are going through such zone changes. Chairman Wilson opened supporting or opposing the public hearing. the public hearing. There being no comments the zone change request, Chairman Wilson closed . . . PAGE 2 Planning Commission Minutes March 31. 1987 Commissioner Kimball stated that he spoke with neighbors in the area who were all in favor of the request. He noted that he received no negative comments. Chairman Wilson stated that he had no problem with the zone change request and couldn't see any affect on adjacent property values. ~@MMUIOIOWR MORTON MOVID TO RECOMMEND TO THE ELK RIVER CITY COUNCIL APPMVAt or Ii ZOW CHANGE REQUEST FROM A-l/AGRICULTURAL CONSERVATION DISTRICT TO Rl-A/SINGLE FAMILY RESIDENTIAL DISTRICT ON THE NORTH ONE HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 19. TOWNSHIP 33. RANGE 26 AND THAT THE LAND USE MAP BE AMENDED TO REFLECT LOW DENSITY RESIDENTIAL. COMMISSIONER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Consider Zone Change Request by John Weicht for Mrs. G. Johnson/Public Hearing John Weicht of 17215 Driscoll Street NW. Anoka. was present to represent Mrs. G. Johnson in the request for a zone change from R1-B/Single family residential to R3/Multi-family residential on the property legally described as that part of the Southwest one-quarter of the Southeast one- quarter of Section 28. Township 33. Range 26. Sherburne County. Minnesota which is a parcel of 4.0 acres more or less; (this is a partial legal description) Mr. Weicht stated that the above described parcel is not readily adaptable to R1-b residential useage due to the shape and location of the property. He also presented a map of the area to the Commission and the public. Chairman Wilson asked Rohlf what the maximum useage would be for this property. Rohlf stated that on the entire parcel one -12 unit building. without further approvals such as a lot split is possible. if the zone change is approved. Commissioner Morton questioned the potential for the split. He continued by stating that the property. could hold a maximum of four (4) - 12 unit apartment buildings. Chairman Wilson opened the public hearing. Jim Nystrom stated he is opposed to the zone change request because of the affect this would have on his property values. He stated that in an R-3 zone. developers try to maximize density and you cannot dictate buffers. building materials or structures. Nystrom feels that. if he would want to develope his property later. he would have no choice in the matter. He went on to say that an R-3 zone is very high density for the area. Jim Spenser stated that when he was considering purchasing neighboring property. he was fairly assured that the zoning would remain residential and would like to see this happen. PAGE 3 Planning Commission Minutes March 31. 1987 . John Weicht stated that he feels the property in question would never be developed as residential because of the traffic flow. Weicht feels a daycare on the property would be appropriate for the area because of the schools and the industrial park. Chairman Wilson closed the public hearing. Stephen Rohlf stated that he can appreciate the concerns with property values but does not feel it to be appropriate. He stated that Staff feels this property is not condusive to single family due to the traffic flow of the area. Rohlf informed the Commission and public that he had spoken with the City Attorney who didn't see that there would be a loss in property values. It was strongly emphasized that this property is zoned incorrectly and that somewhere in the city multi-family and single family zones must abut. Commissioner Morton stated that he could not see the rational for the zone change with Parcel "B". He continued by saying that it is unlikely for multi-family development in Parcel "A" and agrees with neighbors that an R-3 zone does not fit into this area. Morton also pointed out that this would be a spot zone. . Commissioner Temple questioned the zoning for daycare. Rohlf stated that daycare is a permitted use for 13 or less in a single-family zone. It is a conditional use in multi-family and all commercial. An R-3 zone would be the lowest designation to get a conditional use permit for a larger daycare. Commissioner Temple then questioned the feasibility of changing the zoning on Parcel "B" and not on Parcel "A". Rohlf addressed the question by stating that if the party requesting the change would want the property reduced at the meeting it would possibly be acceptable. but it would not be allowed for the Commission to act on only one (1) piece when the affected party is requesting a zone change on the entire parcel. Commissioner Kropuenske questioned John Weicht about this option. Weicht stated that he was looking at a daycare on Parcel "B" and later constructing townhouses on Parcel "A". COMMISSIONER KROPUENSKE MOVED TO RECOMMEND TO THE CITY COUNCIL DltUAt gr THE REQUEST FOR A ZONE CHANGE FROM Rl~B/SINGLE FAMILY RESIDENTIAL TO R3/MULTI-FAMILY RESIDENTIAL ON THAT PART OF THE SOUTHWEST ONl-QUAlt'nlR or THE SOUTHEAST ONE-QUARTER OF SECTION 28. TOWNSHIP 33. RANGE 26, SHIUURml COUNTY. MINNESOTA. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 7-0. . . COMMISSIONER KROPUENSKE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL or A ZONlil CHANGE ON PARCEL "B" OF THE ABOVE DESCRIBED PROPERTY FROM Rl-B TO R2- B AND A ZONE CHANGE.FROMR1-B SINGLE FAMILY RESIDENTIAL TO R-3 MULTI FAMILY RlSIDENTIAL ON PARCEL "B". COMMISSIONER MORTON SECONDED THE MOTION. . . . PAGE 4 Planning Commission Minutes March 31. 1987 Stephen Rohlf will be talking to the lawyers about the legal terms of splitting a request as was moved andstated that the compromise must be acceptable by the petitioner. THE MOTION CARRIED 7-0. 6. Final Plat Review of Oak Knoll by Robert Harris Stephen Rohlf noted one change on the final plat of Oak Knoll; Lot 28 of the preliminary plat.. where the house sits now. includes part of Lot 7. Lot 28 is now Lot 1. Block 1. Commissioner Temple questioned undeveloped. Rohlf stated that The preliminary plat consisted requesting final approval and final approval of Phase 2. whether or not Outlot C would remain this is the proposed second phase. of phases 1 and 2. Only phase 1 is the developers have one year to request Conditions of this plat are: 1. 25' temporary easement be granted to County along County Road 35 until the improvements on County Road 35 are complete. 2. Lots 8 and 9 and Lot 10 and 11 share 2 driveways among the 4 lots. 3. A perk test is mandatory before installation of septic systems. 4. City Council accepted 12 acres of park land along the river in lieu of park dedication and platting fees. OOMMISSIONlR rUCHS MOVED TO RECOMMEND TO CITY COUNCIL APPROVAL OF FINAL PLAT OF OAK KNOLL WITH THE SPECIFICATIONS OUTLINED IN THE STAFF MEMO 11-5. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 7. Consider Preliminary Plat Review by Mel Beaudry/Public Hearing Chairman Wilson opened the public hearing. There being no comments supporting or opposing this consideration. the public hearing was closed. OOMMISSIONER TEMPLE MOVED TU TABLE THIS ITEM DUE TO UNMET DEADLINES. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 7-0. 7.5. Consideration of Conditional Use Permit to Allow a Temporary Real Estate Office by Mike Ziegler/Public Hearing Temporary Real Estate offices are being set up due to the large amount of development in Elk River and are being established to help assist in the selling of developed property. With the Barthel application for a temporary office. the time frame set was 2 years or 90% of development being completed. . . . PAGE 5 Planning Commission Minutes March 31, 1987 George Sanford was present to represent Ziegler. Sanford stated that Ziegler Construction came to Elk River with a 3-5 year plan but, after further research, they decided it would be beneficial to have corporate headquarters in this area. The model office is also currently the corporate headquarters. Sanford does not see any conflict with having the corporate headquarters in a residential area. Stephen Rohlf stated that the number one use must be residential with business coming second. Rohlf has not received any complaints from neighboring landowners in the past year on Ziegler's operation. He does not see a problem if the real estate office is for 2 or 3 years. Commissioner Kropuenske pointed out the difference between the Barthel office as ringed with residential homes and Ziegler has only one neighbor being residential since it is the first lot off from the highway. Chairman Wilson recognized that a temporary real estate office is an aid in selling the homes in the area but is concerned with what the City Council would do with the variation in the term temporary. Commissioner Kropuenske questioned whether this is a corporate headquarter for the entire marketing area or a temporary real estate office. He then stated that he would be more in favor of setting up a flat year term rather than a number of years or a percentage of development. Mr. Sanford stated that it would be a financial detriment to Ziegler Construction if a short time period were to be set. Commissioner Fuchs used for office Fuchs stated he review as long eliminate the 90% clarified that the lower level of the quarters and the upper level is used for would be agreeable to two (2) years with as it is maintained. He continued by development. "building" is a model home. the option to requesting to Commissioner Kropuenske shared views as to why he sees the Barthel temporary real estate office different than others, being in a PUD. Kropuenske would also like to see the 90% development dropped. Chairman favor of hearing. Wilson opened the public hearing. There being no comments in or opposed to the request, Chairman Wilson closed the public Chairman Wilson stated that the City Council feels a situation like this is easier to handle if there is a consistent definition of temporary to go by each time. g{)MMIODIONlP. fUCHS MOVED TO RECOMMEND TO '!'HE CITY COUNCIL APPROVAL OF THE UQWST FOP. A CONDI'l'ONAL USE PERMIT TO ALLOW A TEMPORARY REAL ESTATE OFFICE BY MIKE ZIEGLER. WITH '!'HE STIPULATIONS RECOMMENDED BY STAFF: . . . PAGE 6 Planning Commission Minutes March 31, 1987 i I MINIMUM NUMBER orr STREET PA1U(ING SPACES BE EQUAL TO THE NUMBER OF IMPLOYEES PLUS'l'WO. AND MUST BE HARDSURFACED; 2. LIGH'l'ING DIRECTED AWAY FROM ADJACENT RESIDENCES AND RIGHT-OF-WAY; 3. HOURS OF OPERATION UNTIL 9:00 P.M. FOR SALES; 4. SIGNAGE BE 32 ADVERTISE SQUARE FEET FOR THE MODEL HOME AND 96 SQUARE FEET TO DEERFIELD 2ND SUBDIVISION. .5. REVIEW IN TWO YEARS WITH COUNCIL APPROVAL NEEDED FOR EXTENSION. COMMISSIONER KIMBALL SECONDED THE MOTION. Commissioner Barrett pointed out advertise Deerfield 2nd Addition. stipulation. the 96 square footage of sign to Commissioner Fuchs agreed to this as a THE MOTION CARRIED 7-0. 8. Consideration of Preliminary Plat Review of Royal Oak Ridge by Gerald Smith/Public Hearing Gerald Smith was present to present the preliminary plat of Royal Oak Ridge to the Planning Commission and the public. Mr. Smith stated that the plat does not have all the necessary information because this is a City proj ecL Stephen Rohlf stated that this is currently not a City project. He continued by saying that there was a lack of information because certain items were not submitted within the time frame satisfied, including the grading plan for review. Rohlf suggested that if the Planning Commission does decide to approve this plat, it should be contingent upon two items: 1. The Developer must have grading plan for Terry Maurer's Review prior to Council review. 2. The developer petitioning the City to make this a City Project. Commissioner Fuchs questioned whether or not the developer knew what was required before bringing this plat before the Planning Commission. He further noted that the plat showed the zoning to be R-1c which is incorrect. He noted the correct zoning is R-1b. Stephen Rohlf briefly explained the procedure the City goes by when a person wants to develope a piece of property. He explained the steps necessary and the reviews along the way. Bill Harju, Soil Conservation, did a soils report on the property without the necessary information from the developers. . . . PAGE 7 Planning Commission Minutes March 31. 1987 It was the general consensus of the Commission that the approval of this plat be contingent upon favorable reports of drainage and grading plans by Terry Maurer and also that if this does not become a city project. it would be required to be presented to the Planning Commission again as a preliminary plat. Mr. Smith stated preliminary plat. the information to that Maurer only requested a drainage report and a Stephen Rohlf again clarified the steps for getting the correct people. Commissioner Kimball questioned Bill Harju about the soil reports. Harju stated that they are not as thorough and complete as they should be. Harju is requesting a plat map with the soil lines on it which would be much more meaningful in a visual concept. Commissioner Kimball expressed the importance of Terry Maurer's report on the drainage and grading of this plat and emphasized the stipulation of a good report. Chairman Wilson opened the public hearing. Vernon Klausen questioned the roadways in the plat and was wondering if there is such a rush. After a brief discussion. it was the consensus that a good compromise would be for the staff to reauire the roads to be built to the plat boundaries for future easements or just rough graded and planted into grass seed to prevent erosion. This forces the developer to place future easements in a position possible to connect up to. There being no further comments. Chairman Wilson closed the public hearing. Chairman Wilson stated that he would like to see the plat passed but does not feel the Planning Commission would be doing their job correctly if this was done without the necessary information. COMMISSIONER KIMBALL MOVED TO TABLE THE PRELIMINARY PLAT OF ROYAL OAK RIDGE DUE TO LACK OF INFORMATION. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 9. Consideration of a Preliminary and Final Plat Review of a Replat #6 of Barrington Place PUD by M & S Development/Public Hearing Stephen Rohlf reviewed the situation of Barrington Replat #6 with the Planning Commission. Rohlf stated Block 2 was originally 20 units which then increased to 40 units with approval from City Council at the August 15. 1983 meeting. M & S Development is now requesting 41 lots with the 41st lot being a common lot. The PUD would consist of 40 units of townhomes and current approval would be reshaping of lots. The drainage and grading would remain the same. . . . PAGE 8 Planning Commission Minutes March 31, 1987 It was noted that in the August 15, 1983 minutes there was a motion made and carried to increase Block 2 from 20 to 30 units. Len McLaughlin, Developer, stated that in Barrington Replat #5, there was an allotment for 30 units, only 24 of which are being utilized. In this particular project the total allotted amount of units would only be extended by one. Commissioner request was increase from amended. Fuchs clarified that in the August to increase from 20 to 40 units. 20 units to 30, a motion was made, and 15, 1983 minutes the This was amended to the motion passed as Stephen Rohlf stated that it is correct that the current allotment is 30 units and apologized for not catching it. Density is part of the PUD agreement and a conditional use permit would be necessary in order to increase to 40 units. In fairness to the developer, it was the general consensus that the Planning Commission would review the plat as proposed with 40 units, but the developers would be required to obtain a conditional use permit for 40 units. The Planning Commission would continue the process on this contingent. The Developer of Barrington increase the density to make up developer has the authority gets the plat approved. questioned going back to Replat #5 and for lost lots. It was clarified that the to go up to 30 units (currently 24) if he Rohlf stated permit. questioned it could the be density of Replat #6 with the current layout. He contingent upon obtaining a the conditional use Commissioner Temple questioned the amount of green space on the plat. Rohlf pointed out that there is 20% green space which is required. Stephen Rohlf stated that even though there will be a private roadway through the plat, you must expect some through traffic. Rohlf's main concern is that, with the current layout, the people must back directly out of the garages onto the road. The positioning of garages was then a topic of discussion. Chairman Wilson opened the public hearing. Julie Kastendick verbally drew a picture for the Planning Commission of what one goes by on Highway 169; trailer park, multi-family, single family. Ms. Kastenday questioned what the results of these various types of developments are going to be. Jack Holmes, a neighboring property owner, showed great concern in this plat with the number of enlargements it is going through and asked that the Planning Commission take this into consideration. PAGE 9 Planning Commission Minutes March 31. 1987 . There being no further comments. Chairman Wilson closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO CITY COUNCIL DENIAL OF P1UI:LIMINARY AND FINAL PLAT APPROVAL OF REPLAT 116. (BARRINGTON PLACE Pun) BY M & S DEVELOPERS DUE TO THE RECOMMENDATION OF 30 UNITS BY THE CITY COUNCIL ON AUGUST 15. 1983; AND ALSO BECAUSE 40 UNITS IS NOT COMPATIBLE IN THE AREA. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 10. Consideration of River Industrial Preliminary Plat Park by the Elk Review River of Phase Associated II of the Elk Investors/P.H. John Oliver was present to represent Elk River Associated Investors for the approval request of a Preliminary Plat of Phase II of the Elk River Industrial Park at the location legally described as that part of the W-1/2 of the SW-1/4 in Section 28. Township 33. Range 26. Sherburne County. Minnesota. This plat consists of eight-one acre lots. each with 100 ft. minimum frontage. Mr. Oliver stated that sewer. water. storm drainage and grading work has already been designed. . Richard Gongo11 was also present and stated that the beginning of preliminary work could help assessments. Stephen Rohlf stated frontage requirements. the plat. that all the lots of the plat do meet size and He emphasized that Staff has no difficulties with Chairman Wilson opened the public hearing. There being no comments favoring or opposing the preliminary plat. Chairman Wilson closed the public hearing. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT REQUEST FOR PHASE II OF THE ELK RIVER INDUSTRIAL PARK BY THE ELK RIVER ASSOCIATED INVESTORS. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 7-0. 11. Consideration of Preliminary Plat Review of Jeff Mast1ey/P.H. Fairhaven Hill s by Jeff Mast1ey. Peter Newland and Douglas Serda11 (Developer) were present to request a preliminary plat review of Fairhaven Hills on the property legally described as the N-1/2 of the SW-1/4 in Section 19. Township 33. Range 26. Sherburne County. The Developers of this plat presented a plat map to the Commission and explained the topography of the property. . Bill Harju. of the Soil Conservation Service. presented a soils report he had done on the property. Mr. Harju explained the various types of soils and their locations in the plat. He specifically pointed out Hayden soil which is a low strength soil and has a tendency to shrink and expand due to the clay. Mr. Harju stated that there is currently an underground tile drainage system running through the plat which should be supplied with adequate sized easements. . . . PAGE 10 Planning Commission Minutes March 31, 1987 Commissioner Kropuenske questioned whether or not the soil would pose such a problem as to have difficulty rece1v1ng financing for property in the plat. Stephen Rohlf stated that FHA does require percolation tests for financing. Chairman opposing hearing. Wilson opened or favoring the this public review, hearing. Chairman There being no comments Wilson closed the public Chairman Morton pointed out the deadend in the plat. Morton voiced agreement with Terry Maurer's suggestion that all roads come to the end of the plat and be hardsurfaced far enough to give 150 ft. frontage to two lots on a cul-de-sac. Stephen Rohlf suggested rough grading and seeding the proposed road to prevent erosion. Mr. Rohlf stated that the lot lines don't run parallel in a cul-de-sac situation. In this case, the 150 ft. frontage could be reduced to 40 ft. The building setback line is then extended to however far it takes to get the minimum width. Marlon Glines, surveyor, presented an optional road passing through the development instead of stopping with a cul-de-sac. The Developers reducing three land is locked questioned the lots in size to in by boundaries. Planning Commission on their thoughts of about 2.3 acres due to the fact that the Discussion was held between Marlon Glines, Surveyor, and Stephen Rohlf, B & Z Administrator, regarding the various options for lot shapes and roads. It was also clarified that under sized lots would require a variance. The Developers explained that questioned the future the width of the easement. Mr. Rohlf road easement would have to be 66 ft. wide. There was discussion that the clearing of this future roadway would be an invitation to recreational vehicles. Mr. Rohlf stated that on the Southern boundary, a fence would be required and on the end of the cul-de-sac it would be at the discretion of property owners. The developers did not feel that developing a road to the south would be of any benefit. They felt that, if the Southern property is to be developed, it should be the developers responsibility to establish the roadway. Commissioner Kropuenske pointed out to the developers that they tied into the road coming out of Hobbit Hills and that it is the intent of City Staff to have all developers extend roadways to the ends of the plats for future roadway tie-ins. The Developers felt that since the Fairhaven Hills plat was started before the road change was put into effect by the City, this requirement should be able to be by- passed on this plat. . . . PAGE 11 Planning Commission Minutes March 31, 1987 ggMMISSIONER FUCHS MOWD TO UCOMMIND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT 01 IAIRHAVBN HILLS CONTINGENT UPON THE FOLLOWING RECOMMENDATIONS: i, IXTENDING TROY STREET THROUGH THE PLAT BY ROUGH GRADING AND SEEDING. 2, 'l'WEN'l'Y fT. SIDE YARD SETBACK RATHER THAN 10 FT. AS NOTED ON THE PRELIMINARY PLAT.PLANNING. ~. PERCOLATION TESTS ON EACH LOT PRIOR TO CONSTRUCTION AND DESIGN OF SEWAGE DISPOSAL SYSTEM. 4. 'rIUI\TY FT. or RUNNING SURfACE AND BITUMINOUS BERMS BE PROVIDED ON STREETS AS SUGGESTED BY STAFF. ~. rOI\'n MPK DESIGN SPIID WITH 25 rT. RADIUSES AT THE COUNTY ROAD INTERSECTION AS RECOMMENDED BY MR. MAURER. 6. THI COUNTY DITCH WITHIN THE PLAT BE PROTECTED WITH 30 FT. EASEMENTS. 1. $2.900 PARK DEDICATION FEE BE PAID FOR THE 29 LOTS IN THE PLAT. COMMISSIONER KROPUENSKE SECONDED THE MOTION. Stephen Rohlf suggested the following modifications to the motion: 1. THE EARS OF THE CUL-DE-SAC BE CLASS 5. THIS CHANGE WAS THIN AMENDED TO THE EARS BEING TARRED. 2. CONTINGENT UPON ZONE CHANGE REQUEST TO RIA. 3. IF ANY DAMAGE OCCURS TO THE DRAINAGE SYSTEM, THOSE IN FAULT PAY rOR REPAIRS. COMMISSIONER FUCHS ACCEPTED THE MODIFICATIONS AND COMMISSIONER KROPUENSKE SECONDED THE MODIFICATIONS. COMMISSIONER FUCHS AMENDED THE MOTION TO INCLUDE A rENCE ACROSS THE SOUTH BOUNDARY. COMMISSIONER KROPUENSKE SECONDED THE AMENDMENT. THE AMENDED MOTION CARRIED 7-0. At 9:20 p.m. the Planning Commission broke for a recess. At 9:45 p.m. the Planning Commission meeting resumed. 12. Consideration of Ordinance Amendment to Allow Auto Repair and Used Cars in a C-3B (Highway Commercial) Zone by Joyce Shernell/P.H. . . . PAGE 12 Planning Commission Minutes March 31, 1987 Mrs. Joyce Shernell was present to request an Ordinance Amendment to allow auto repair and used car sales in a C- 3B/Highway Commercial zone. Mrs. Shernell is the present owner of D.J.'s Auto Sales which is a grandfathered in non-conforming used car sales. Mrs. Shernell states that she owns two lots, one of which she would like to sell. Stephen Rohlf stated that there is no recommendation at the staff level because an issue such as this is based on opinion. Mr. Rohlf stated that Staff does have a problem with the C-3B zone because, even though it is a commercial zone, it is very restrictive. Also, of concern is the "corridor" affect that is being established as you enter Elk River along Highway 10. Mr. Rohlf stated that he received only one comment which came from E.H. Renner and Sons. They acknowledged receipt of the notice for a public hearing and responded by stating that they saw no problem with the request. Commissioner Kimball questioned the sale of the lot and the continuation of a non-conforming use. Mr. Rohlf explained that one lot is currently being used while the other lot is empty. Commissioner Highway 10 controlled. Fuchs showed concern with the current used car lots along becoming junk yards and questioned how this can be Mr. Rohlf stated that conditional uses are the control. Chairman favoring hearing. Wilson opened or opposing public request, the this hearing. There being no comments Chairman Wilson closed the public Chairman Wilson questioned whether or not Mrs. Shernell can sell the business as grandfathered in with the owners continuing use. Stephen Rohlf stated yes, the use can be continued. There are three factors which would prevent continuous use: 1. Fire, flood or act of God destroying the use more than 50%. 2. Passage of an intern period of more than one year. Amortization period - 40 years from the date of the ordinance which is the year 2020. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE OIIDINANCE AMENDMENT TO ALLOW USED CAR SALES AND REPAIR SHOPS WITHIN A a-3D/HIGHWAY COMMERCIAL ZONE. COMMISSIONER FUCHS SECONDED THE MOTION. Commissioner Temple stated her dislike for the "strip" effect along Highway 10 and feels that this should be reversed, not encouraged. Commissioner Mortion explained that with the Ordinance Amendment it would give the Planning Commission control of future development. . . . PAGE 13 Planning Commission Minutes March 31. 1987 Commissioner Kimball shared views regarding the appearance of Elk River along Highway 10. Commissioner Morton stated that with the Ordinance Amendment. Elk River can have nice looking used car lots. Mrs. Shernell questioned when the Ordinance was put into effect. When rece1v1ng the date. she responded by saying that used car lots have come into the area since her lot. THE MOTION CARRIED 6-1. CHAIRMAN WILSON VOTED AGAINST THE MOTION. 13. Consideration of Conditional Use Permit to Allow Dayc~..r.E3.?y John Weicht and Jody Kreuser/P.H. John Weicht and Jody Kreuser were present to request a conditional use permit for a daycare for 140 children on a two acre parcel of property legally described as that part of the SW-1/4 that lies Northeasterly of the centerline of C.S.A.H. #1. This conditional use permit is contingent on approval of a zone change request for the property. Jody Kreuser explained her plans to the Planning Commission. The daycare would hold 12 infants. Twenty-one toddlers and 60 pre-school children. She would like to rent out a portion of the building to Pauline Hanlon for First Step Pre-School. There would be a total of 18 employees. Adequate parking is shown on the plan and a drive would connect Proctor Avenue and County Road 1 to ease traffic flow. John Weicht stated that the building would be constructed as commercial steel with the size being 70 ft. x 100 ft. There would also be a 20 ft. canopy to protect people from the weather. Commissioner Temple questioned whether or not the building would be of a design to accommodate other uses. if the daycare no longer would have use for it. Mr. Weicht stated that it would be doubtful in this zone. Commissioner Temple then questioned if the point of the property would be used for overflow parking. Her question was answered positively and it was stated that the access to this seeded area is straight through the parking lot. This area cannot be accessed from Proctor or County Road 1 due to the grade of the ditch. PAGE 14 . Planning Commission Minutes March 31, 1987 Jody Krueser explained the difference between child care, daycare, and pre-school. Chairman Wilson stated that this is a request for a conditional use permit for a daycare and not additional pre-school. Chairman Wilson questioned whether or not this would require two permits, since it will be two businesses in one building. Stephen Rohlf clarified that pre-school would be classified under daycare and does not see a problem with both in one building. Traffic flow was a main concern of the Commission Kreuser explained that this would not be a problem since the two businesses have totally different drop-off and pickup times. Commissioner Fuchs questioned the fenced in play area in the plans and its location. Jody Kreuser 1,000 square positioned to intersection pointed out stated that she would be required by the State to fence feet for play area. Krueser stated that everything is the North to stay 300 ft. back for car stacking at the of Proctor Avenue and County Road No.1. Stephen Rohlf that no fencing can be done across utility easements. . COMMISSIONER KROPUENSKE MOVED TO RECOMMEND TO CITY COUNCIL APPROVAL or A CONDITIONAL USE PERMIT TO ALLOW A DAY CARE FOR A MAXIMUM OF 140 CHILDREN AND PARKING TO BE ADDRESSED BY STAFF. REQUIRE A SCREENED-IN DUMPSTER, SIGNAGE MEETING CITY CODES. AND A BLACKTOP COVERING ON THE PARKING LOT. COMMISSIONER BARRETT SECONDED THE MOTION. COMMISSIONER KROPUENSKE ADDED A TWO YEAR REVIEW. COMMISSIONER IAIU'l"f SECONDED THE AMENDMENT. Stephen Rohlf made two suggestions for the conditional use permit: 1. Adequate retention of water drainage. 2. Brick veneer on the front of the steel building. COMMISSIONER KROPUENSKE MOVED TO AMEND THE MOTION AND ADD THI JottOWIW CONDITIONS: 1. ALL LIGHTING BE DIRECTED AWAY FROM ROADWAYS AND RESIDENCES. 2. METAL BUILDING DECORATED WITH BRICK VENEER. 3. ADEQUATE DRAINAGE RETENTION. COMMISSIONER BARRETT SECONDED THE AMENDMENT. . Discussion was held on the signage of the daycare. . . . PAGE 15 Planning Commission Minutes March 31. 1987 COMMISSIONER KROPUENSKE MOVED TO ADD 200 SQUARE FEET MAXIMUM SIGNAGE TO THE AMENDED MOTION. COMMISSIONER BARRETT SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 7-0. 15. Consideration of Conditional Use Permit to Allow Auto Repair and Used Car Sales by George Duvall/Public Hearing Mr. George Duvall was present to request a conditional use permit to start a used car sales and auto repair business on a parcel of property legally described as the northeast one-quarter of the northeast one- quarter lying South and West of Highway 10 except the East 100 feet of the West 263.67 feet as measured from the Southwest corner having a Westerly line of 380.28 feet in Section 34. Township 32. Range 26. Sherburne County. This property is currently zoned C-3B/Highway Commercial. Aproval of this request would be contingent upon the ordinance amendments being approved by the Planning Commission and the Council to allow these uses in a C-3B zone. Stephen Rohlf questioned Mr. Duvall plans to have on display at one time. maximum and they would not all be out in would maybe be three cars on the highway on the Duvall front. side of maximum number stated that 15 Duvall stated this lot. of cars he would be a that there Commissioner Kropuenske questioned the parking of vehicles. Mr. Duvall explained that he is not a used car dealer. he is an auto mechanic who rebuilds cars and sells them at auto auctions. Duvall stated that the storage of these cars would be in a future garage. He continued by saying that the lot is completly fenced in by a board fence so that the vehicles would not be visible from the Highway. Stephen Rohlf stated that dust control be a condition and that the only cars allowed to be stored must be operable. Cars being used for parts should be kept in the building. Joyce Shernell is concerned with whether or not the lot is deep enough to handle all of this. Commissioner Kropuenske questioned what remedy the City has if a similar business decides they do not have time to haul out the scrap metal and it just ends up sitting there. Rohlf responded by saying that in this condition could be that the scrap must be enclosed. Rohlf said that. if this is granted. he will see to it that it is followed. Commissioner Kropuenske still had questions and Rohlf stated that the matter could go to court. Chairman Wilson opened the public hearing. There being no comments favoring or opposing this request. the public hearing was closed. . . . PAGE 16 Planning Commission Minutes March 31. 1987 Commissioner Kropuenske questioned the proposed building. Duvall stated it would be a 24' by 40' wood construction garage. There were also questions directed to Mr. Duvall by the Commission regarding driveway entrance. signange. and garage doors. Duvall answered these by stating the driveway would be to the West entering the garage in the front. the sign would be minimum. and the doors would be flushed. COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT FOR AUTO REPAIR AND WHOLESALE BUSINESS BY GEORGE DUVALL ON THE FOLLOWING CONDITIONS: 1. INOPERABLE AUTOS AND/OR SALVAGE SCRAP TO BE STORED IN THE BUILDING. 2. DUMPSTER TO BE SCREENED WITH APPROPRIATE MATERIAL. 3. HARD SURFACE PARKING LOT AND DRIVEWAY. 4. GRASS ON REST OF LOT. 5. TWO-YEAR REVIEW OF CONDITIONAL USE PERMIT. 6. NO MORE THAN 5 AUTOS IN FRONT OF BUILDING AND NO MORE THAN 15 BEHIND BUILDING IN OPERABLE CONDITION. 7. 32 SQUARE FEET OF SIGNAGE MAXIMUM. 8. ALL LIGHT DIRECTED AWAY FROM ROADWAY. 9. FOUR PARKING SPACES FOR PUBLIC. 10. ENTIRE PROPERTY TO BE FENCED WITH AN OPAQUE FENCE. ] Questions were raised on the fencing and the general consensus was to obtain 6 ft. minimum height. COMMISSIONER FUCHS SECONDED THE MOTION. After much discussion regarding the appearance of the lot and the screening of the property. Commissioner Kimball withdrew his motion. COMMISSIONER MORTON MOVED TO TABLE THE REQUEST OF A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR AND USED CAR SALES UNTIL THE APRIL 28. 1987 PLANNING COMMISSION MEETING TO GIVE THE PLANNING COMMISSION A CHANCE TO BETTER FAMILIARIZE THEMSELVES WITH THE AREA. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Kropuenske suggested to Mr. Duvall that he bring a set of plans before the Planning Commission if he wishes to have this presented again. THE MOTION CARRIED 6-0. PAGE 17 . Planning Commission Minutes March 31. 1987 16. Consideration of Variance Request (expansion of a non-conforming use) by Joe Beaudry/Public Hearing Mr. Joe Beaudry of 373 Gates Avenue. Elk River was present to request a variance for expansion of a non-conforming use to accommodate a garage for a single family dwelling located in a C-4 commercial zoned district legally described as Lot 6. Block 20. Village of Elk River Addition. Mr. Beaudry's request is a 24' by 24' detached garage to replace existing small building and he would like to set this garage 5 feet from the neighboring property line. Stephen Rohlf stated that he went over the five (5) standards for obtaining a variance with Mr. Beaudry. Chairman favoring hearing. Wilson opened the or opposing this public request. hearing. There being no comments Chairman Wilson closed the public Commissioner dwelling and Fuchs questioned the the detached garage. distance there would be between the Beaudry answered by stating 15 feet. . Commissioner Temple stated that she spoke with neighbors in the area and found that they would favor the garage because the cars currently parked in front would be enclosed in the garage. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST TO EXPAND A NON-CONFORMING USE TO ACCOMMODATE A GARAGE FOR A SINGLE-FAMILY DWELLING IN A C-4 COMMERCIAL ZONED DISTRICT. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 17. Consideration of a Variance Request (expansion of a non-conforming use) by Richard Kurth of Broadway Bar/Public Hearing Dave Yeager was present to request a variance for the expansion of a non-conforming use. Broadway Bar. Mr. Yeager explained the intent of the Bro~dway Bar owner (Rick Kurth) to add an additional two rows of tables and additional space for a bandstand area. He stated that they have designed new parking and came up with 76 parking spaces including two handicap spaces. Mr. Yeager stated that lighting is available all around the building but it has not been kept up. The front of the building would be cedar with brick to dress it up and the Broadway sign will be moved according to Mr. Yeager. . Commissioner Kimball stated that the City Council has given the Planning Commission a responsibility and does not believe that this issue can be addressed without an adequate site plan. Kimball suggested tabling this request until a detailed site plan is available and would like it pointed out to Mr. Kurth all the information that is necessary. Dave Yeager emphasized the rush that Mr. Kurth is in to get the construction started. Chairman Wilson emphasized the importance of having all the necessary information. . . . PAGE 18 Planning Commission Minutes March 31. 1987 Commissioner Barrett pointed out that there is a frontage road wich is not readily identified. Commissioner Morton questioned the curbing to edge the parking. Commissioner Kropuenske stated that he can appreciate the timetable but is unsure that Broadway's owner is being cooperative. Kropuenske stated that he would like to see all the necessary information and informed the Broadway representatives that the owner has to be willing to spend some money to get this project started. Stephen Rohlf stated that when this same item was brought before the Planning Commission in 1986 the representatives were told then that they would need detailed information. Rohlf suggested the following: 1. 10' setback from property line to parking. 2. Separate 167th Avenue NW from the parking area. 3. Drainage plan with elevations must be submitted and the drainage should run towards Highway 10. 4. Addition of lighting to parking lot. 5. Screening between this commercial use and the adjacent residential zone. 6. Rear entrance from basement to comply with the fire codes. 7. Reflect dumpster on site plan and screen it. Chairman Wilson opened the public hearing. David and present and discussion. installed. 11101 167th Avenue NW. Elk River. were concerns had been addressed during the question the curbing that is to be Kristeen Dennis of stated that their They did. however. Chairman Wilson closed the public hearing. COMMISSIONER KIMBALL MOVED TABLE THE REQUEST UNTIL SUCH TIME THAT A DETAILED SITE PLAN. BUILDING ELEVATIONS, AND FUTURE PLANS OF THE PROPOSED ADDITION COULD BE PROVIDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 7-0. 18. Consideration of Sign Request by Thorpe Brothers. Inc. for Barrington Place P.D.D. Replat #5 Wally Kocemba of Thorpe Brothers. Inc. was present to request a sign to advertise Barrington Place PUD replat #5. . . . PAGE 19 Planning Commission Minutes March 31. 1987 Mr. Kocemba stated that the sign would be temporary-remaining until sell out of units on the parcel. He continued by saying that the sign has already been constructed and painted. It is 8 feet by 20 feet. a total of 160 square feet. Commissioner Kimball questioned whether lit. Mr. Kocemba stated that it is not lights shot at it. or not the sign is internally internall lit but will have Mr. Kocemba emphasized the good real estate market at the present time and stated he didn't feel the sign would remain long. Commissioner Temple questioned that the total height is 10 the height of the sign. Kocemba stated feet - 8 feet of sign and 2 foot posts. Commissioner Morton stated the regulation of having lighting directed away from all neighboring residents. Stephen Rohlf informed the Planning Commission that this request does not go before the City Council; the Planning Commission has the only vote. Commissioner Kimball questioned the hours the sign would be lit. Commissioner Morton questioned how difficult it would be to reduce the size of the sign. Commissioner Fuchs stated that his main concern is the 160 square feet when all the other signs in the area are 96 square feet. Stephen Rohlf questioned whether or not one of the units would be a model townhome. Upon receipt of a positive answer. he continued by suggesting to include the model home. townhouse on the lot. COMMISSIONER FUCHS MOVED TO EXTEND THE PLANNING COMMISSION MEETING BEYOND 12: 00 MIDNIGHT. COMMISSIONER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER FUCHS MOVED TO APPROVE THE SIGN REQUEST FOR BARRINGTON PLACE PUD REPLAT 15 BY THORPE BROTHER. INC. ON THE FOLLOWING CONDITIONS: 1. PLACE SIGN ON MODEL TOWNHOME LOT. 2. SIGN BE REDUCED TO 130 SQUARE FEET. 3. LIGHTING TO BE DIRECTED AT SIGN ONLY AND TO BE ON A TIMER NOT TO SHINE AFTER 10:30 P.M. 4. (AS RECOMMENDEED BY COMMISSIONER TEMPLE) THIS BEING ON A ONE-YEAR TIME LIMIT. . . . PAGE 20 Planning Commission Minutes March 31, 1987 Stephen Rohlf questioned whether or not the sign would include the model townhome. Kocemba stated yes. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION WAS REVIEWED AND THE CONDITIONS LISTED ARE: 1. 130 SQUARE FEET. 2 . ONE-YEAR REVIEW. 3. WITH LIGHTS UNTIL 10:30 P.M.. 4. NOT TO EXCEED 10 FEET HIGH. 5. TO BE COMBINED WITH MODEL HOME SIGN WHICH IS TO RECEIVE AN ADDITIONAL 16 SQUARE FEET SIGN. THE MOTION CARRIED 7-0. 19-22. COMMISSIONER KIMBALL MOVED TO TABLE ITEMS 19-22 IN REGARDS TO ORDINANCE AMENDMENTS AND ZONING SEMINARS UNTIL THE SPECIAL PLANNING COMMISSION MEETING NOW SCHEDULED FOR APRIL 7, 1987. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 7-0 Stephen Hall at general 7:00 p.m. Rohlf clarified that the meeting would be held at Elk River City 7:00 p.m. After discussion among the Commission, it was the consensus that a better day would be Monday, April 6, 1987 at COMMISSIONER KROPUENSKE MOVED TO APPROVE THE DATE CHANGE FOR THE SPECIAL PLANNING COMMISSION NOW TO BE HELD ON APRIL 6, 1987 AT 7 :00 PM. AT CITY HALL. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION CARRIED 7-0. 24. Adjournment There being no THE MEETING. CARRIED 7-0. further business, COMMISSIONER BARRETT MOVED TO ADJOURN COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION The meeting adjourned at 12:20 a.m. j)~~ Danille Mathison Recording Secretary