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02-25-1986 PC MIN . . . ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, FEBRUARY 25, 1986 Members Present: Chairman Tralle, Commissioners Temple, Warner, Wilson, Fuchs and Barrett. Members Absent: Commissioner Merrick Staff Present: Tom Bublitz; City Administrator, Stephen Rohlf; Building and Zoning Administrator, Phil Hals; Street Superintendent 1. Call meeting to order. Chairman Tralle called the meeting to order at 7:00 p.m. 2. Consider Agenda for the February 25, 1986 Planning Commission Meeting. COMMISSIONER FUCHS MOVED TO APPROVE THE FEBRUARY 25, 1986 AGENDA AS SUBMITTED. COMMISSIONER STUART SECONDED THE MOTION. THE MOTION PASSED 5- O. 3. Consider Minutes of the January 28, 1986 Planning Commission Meeting as submitted. COMMISSIONER TEMPLE MOVED TO APPROVE THE JANUARY 28, 1986 MINUTES AS SUBMITTED. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5'- O. At this time, Chairman Tralle introduced and welcomed Dirk Barrett to the Planning Commission. 4. Consider Conditional Use Permit by Florence Lene/Public Hearing Chairman Tralle gave the definition of a home occupation according to the ordinance. He further indicated that a home occupation is a service business. Discussion was carried on by the Planning Commission whether this was classified as a service business or another type of business. Chairman Tralle and Commissioner Warner felt this delt more with sales and marketing. Chairman Tralle opened the public hearing. Mrs. Florence Lene was present and indicated she lived at 18072 Cleveland Street, Elk River. Mrs. Lene further indicated that she is requesting a conditional use permit to operate a home occupation which would include the selling of real estate from her home. Mrs. Lene also indicated she has been disabled for a number of years and needed to work out of her home in order to make a living. Mrs. Lene further noted that all she need was an office for a telephone and desk and there would be no outside employees. PAGE 2 Planning Commission Minutes February 25, 1986 . The Building and Zoning Administrator indicated that Mrs. Lene mostly needed the conditional use permit for a mailing address. Chairman Tralle noted that the ordinance does allow us to set conditions and one condition would be signage and outside employees. Chairman Tralle closed the public hearing. Commissioner Wilson was concerned about the hours of operation. Mrs. Lene indicated the hours of operation would be from 9:00 a.m. to 6:00 p.m., Monday thru Friday and Saturday 9:00 a.m. to 3:00 p.m. Mrs. Lene further indicated she would not be spending a lot of time at home as all the closings are at a Title Company and she would be gone most of the time with clients. She further indicated she mainly needed this conditional use permit so as to have an office with an mailing address. Mrs. Lene indicated she had no problem with conditions set upon her, but would like to have signage out front for visibility. COMMISSION FUCHS MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL TO GRANT A CONDITIONAL USE PERMIT FOR MRS. LENE OF 18072 CLEVELAND STREET, TO OPERATE A REAL ESTATE BUSINESS FROM HER HOME WITH THE FOLLOWING STIPULATIONS: . 1. THAT THERE BE ONE OUTSIDE NON-RESIDENTIAL EMPLOYEE. 2. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN ONE YEAR. 3. THAT THE SIGNAGE SHALL NOT EXCEED TWO (2) SQUARE FEET IN AREA AND POSTED OFF OF RIGHT-A-WAY. 4. THAT THE HOURS NOT BE BEYOND THE HOURS DESIGNATED, 9:00 AM TO 6:00 P.M., MONDAY THRU FRIDAY, AND SATURDAY 9:00 A.M. TO 3:00 P.M. There was further discussion by the Planning Commission regarding the signage. COMMISSIONER FUCHS MOVED TO AMMEND THE PRECEEDING MOTION TO READ: 1. THAT THE SIGN BE 2' X 2' SQUARE AND POSTED ON THE HOUSE AND ANY ADVERTISING BE ON THE MAILBOX WITH ADDRESS. 5. Consider Sign Permit by Goodyear . Mr. Bob further attached with a with no way. Rich was present and indicated he was representing Goodyear. He indicated they were proposing to install 253' sq. ft. of signage to the building and also include a 20' high free standing sign 99' sq. ft. face. Mr.Rich further indicated these would be done advertising of tires and would be done in a very professional . . . PAGE 3 Planning Commission Minutes February 25, 1986 Commissioner Warner noted he did not like the idea of signage on the north side of the building. Mr. Rich indicated they were putting a sign on the north side of the building so as the building would not look like a warehouse and would off-set the building. Chairman Tralle indicated that in a PUD there is no set limitations on the amount of signage in a PUD, only that which is agreed upon. Further discussion was carried on regarding the signage in Barrington PUD. Commissioner Temple was residents of Elk Hills. s ignage . concerned about signage being visible to the Mr. Rich noted they would not be able to see the Commissioner Warner felt they did not need the sign on the north side and felt the front sign would be acceptable. COMMI SSIONER WARNER MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE SIGNAGE FOR GOODYEAR LOCATED IN BARRINGTON PUn WITH THE FOLLOWING STIPULATION, THAT THE 18' SIGNAGE ON THE' NORTH SIDE OF THE BUILDING NOT BE APPROVED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 5-1. COMMISSIONER FUCHS VOTING NAY. 6. Consider Conditional Use Permit by Darrell Goskey/Public Hearing Mr. Darrell Goskey who lives at 21546 Vernon Street, Elk River was present and indicated he was requesting a conditional use permit to have a agricultural building in a platted area. Mr. Goskey indicated the proposed building would serve a dual purpose and would like to use it for a garage and also to keep one or two horses, storage of hay, and farm tractor. The Building and Zoning Administrator indicated he did not have a problem with this as far as one building having a dual purpose. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the request. Chairman Tralle felt this was more of a barn than a garage if we go over the 1,000 sq. ft. Commissioner Warner felt we had to stick to the 1,000 sq. ft. Mr. Goskey noted that he owns 8.7 acres and the adjacent lot to the south they were intending to buy. He further indicated that his neighbor, Mr. Zimmerman who owns a lot adjacent to him has a 30' x 40' barn in which he keeps horses. . . . PAGE 4 Planning Commission Minutes February 25, 1986 Commissioner Temple noted that she had been out to their property and indicated that they have a very attractive home and felt that they would not like such a large building unless they were going to use it for agricultural reasons. Chairman Tralle noted that as long as he does not own any animals, this structure would primary be used for a garage and agricultural uses second. Mr. Goskey further indicated he would like to put up a building at least 28' x 45' in size. Most of these buildings come as a package kit and have to be a certain size. He further indicated that if he could only put up a building 1,000 sq. ft. it would not meet his needs. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE CONDITIONAL USE PERMIT FOR DARRELL GOSKEY FOR A AGRICULTURAL BUILDING AND THAT THE BUILDING NOT EXCEED 1,200 SQ. FT. IN SIZE, AND THAT THE FLOOR BE NON-ABSORBENT. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 5-1. COMMISSIONER WARNER VOTING NAY. . 7. Consider Zone Change Request by John Nickerson/Public Hearing Mr. Nickerson introduced this item to the Planning Commission. He indicated he was requesting a zone change on property he presently owns described as Auditor's #5. He further indicated he would like to see this property changed from an R-3 zoned district to an R-4 to accommodate an 18 unit apartment complex. Chairman Tralle opened the Public Hearing. Mr. AI Hopper who lives at 402 Gates was concerned about the property on the north of the above mentioned property. He felt this was a low area and not suitable for building. The Building and Zoning Administrator recommended that if the zone change is approved, that the land use map be amended to fit in with the zone change. Commissiner Wilson questioned when the last time the land use map was amended. Mr. Tom estimate use map. Bublitz, the City Administrator, indicated we were getting a cost from an engineering firm to update both the zoning maps and land Chairman Tralle closed the public hearing. Planning Commission that the concerns and bufferring between single family residential be addressed when the It was the consensus of the regarding the drainage easement residential and the high density property is subdivided. . . . PAGE 5 Planning Commission Minutes February 25, 1986 COMMI SSIONER WARNER MADE A MOTION TO THE CITY COUNCIL TO APPROVE THE ZONE CHANGE FROM AN R-3 TO R'-4 ZONED DISTRICT. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 4-10 COMMISSIONER WILSON VOTING NAY. 8. Consider Conditional Use Permit for Campground/Public Hearing Mr. Art raudio presented this item to the Planning Commission and noted that the campground is located on 230 acres, and two miles west on Country Road 12 and one quarter mile north on County Road 4. He further noted there would be an Environmental Assessment Worksheet done on the property. Chairman Tralle opened the public hearing. Mr. & Mrs. Frank Miske who lives at 18776 Cleveland Street, were against the campground. Mr. Miske was concerned about his property as he has 80 acres which abuts the property and further indicated he would have problems with people crossing his property, walking in his corn fields, littering, opening gates, looking for golf balls etc. He further noted that we do not have a need for such a big campground and felt this was just a trailer court. Mrs. Carol acres on who would pond. Turner who lives at 18776 Cleveland Street who owns 40 the North side of the property was concerned about the pond and be responsible for the fencing as they would be sharing the Mr. Raudio indicated he would be interested in working with Mrs. Turner regarding the fencing. Mr. Miske was further concerned about snowmobilers and people going on his property and how they were going to control all of this. Chairman Tralle indicated a situation with controls are better than a situation without controls. He further indicated he did not see distruction type of people servicing a RV park. Chairman Tralle closed the Public Hearing. Mr. Raudio of St. Cloud reviewed a report on "Results from a National Study of the RV Camp Resort Industry". He further indicated that he felt people have a large investment in this and would not abuse the privileges. He also noted that 63.4% are over 50 years of age. In fact, more are over 70 than are under 30. He also noted that camp resort buyers come predominantly from middle and upper income groups and felt there would be no problem with people going on neighboring property. Mr. Marshall Thomazin of Elk River was concerned about the winter use of the campground. Mr. Raudio noted that they would have an indoor swimming pool and cross country skiing. Also Mr. Thomazin was concerned about the liability as a tax payer. Mr. Raudio indicated there would be no burden on the tax payers. . . . PAGE 6 Planning Commission Minutes February 25, 1986 Mr. Raudio indicated that the State Deparmtment of Health required a permit regarding the santitation facilities and approval of drinking water system including well tests. Also the Pollution Control Agency will have to issue a permit for the sewage system. Commission Wilson was concerned about the safety standards of the park regarding traffic flow between bikers, cars and walkers. Mr. Raudio indicated that there would be controlled walk ways for bikers and walkers and also trails they could go on. Commission Fuchs was concerned about fencing the area. Mr. Raudio indicated he would like to work with any neighbors regarding these concerns. It was the concensus of the Planning Commission that a meeting be set-up between the developer of the proposed campground and adjacent landowners, the councilman for the ward, and staff member, Steve Rohlf and anyone who wished to attend. Chairman Tralle felt this campground would definitely be an improvement for Elk River and that it would be a good project and felt we should all work together on this. It was the concensus of th Planning Commission that the Environment Assessment Worksheet (RAW) be completed before Council approval and that a joint meeting be set-up with the City Council and Planning Commission for Monday, March 17,1986 regarding the conditional use permit. COMMISSION WARNER MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE CONDITIONAL USE PERMIT FOR THE CAMPGROUND WITH THE FOLLOWING CONDITIONS: 1. THE EAW WORKSHEET IS FINISHED BEFORE THE COUNCIL GIVES FINAL APPROVAL. 2. THE LICENSE THAT IS REQUIRED FOR CAMPGROUNDS BY THE STATE DEPARTMENT OF HEALTH IS OBTAINED. 3. THE PERMIT FOR THE SEWAGE SYSTEM IS OBTAINED FROM THE POLLUTION CONTROL AGENCY IF REQUIRED OR HAVE SOMEONE DESIGN AND INSTALL SEPTIC SYSTEM WHO IS CERTIFIED TO DO SO IF A PERMIT IS NOT REQUIRED BY THE POLLUTION CONTROL AGENCY. 4. THE DNR RECOMMENDED A 75' SETBACKS FROM TROUT BROOK FOR WILDLIFE IS CONSIDERED. ALSO THAT THE SLOPES TO THE PONDS ARE GRADUAL AND ISLANDS FOR NESTING ARE CONSIDERED FOR WILDLIFE HABITAT. 5. THAT A PERMIT IS OBTAINED, IF AND WHEN, THE IRRIGATION FOR GOLF COURSE EXCEEDS EITHER 10,000 GALLONS PER DAY OR 1 MILLION GALLONS PER YEAR. 6. THAT THE LENGTH OF STAY AT THE CAMPGROUND IS LIMITED TO TWO WEEKS EXCLUDING EMPLOYEES.' . . . PAGE 7 Planning Commission Minutes February 25, 1986 7. THAT AN ADDITIONAL 17' FOOT OF EASEMENT IS GRANTED TO THE COUNTY ON COUNTY ROAD 40. 8. THAT TERRY MAURER'S QUESTION ON THE DRAINAGE ARE ANSWERED PRIOR TO COUNCIL APPROVAL. 9. THAT FENCES AND/OR BUFFER BE ESTABLISHED AND LEAVE UP TO STAFF APPROVAL. 10. TRAFFIC ISSUES BE ADDRESSED BEFORE FINAL APPROVAL. 11. PROOF OF ADEQUATE PA1U{ING AND THAT INTERNAL TRAFFICE FLOW AND TRAFFIC PLAN BE ESTABLISHED. 12. ADDITIONAL LENGTH OF TIME PERMITTED DURING CONSTRUCTION TIME AND SET TIME LIMIT FOR CONSTRUCTION PERIOD. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. 9. Consider Preliminary Plat Approval for M-W Partnership/Public Hearing Mr. Greg Frank presented this item to the Planning Commission. He further indicated the subdivision consists of 29 lots with an average size of 2.88 acres approximately 86 acres total. Mr. Frank also indicated he would like to phase the development, 10 lots per phase. Mr Frank further noted that they would like to plot 10 lots at a time and the rest will be considered outlots until Phase I is done. Chairman Tralle opened the public hearing. Dennis Chuba who lives in Meadowvale Forest to the north was for the preliminary plat but was concerned about the sharing of driveways. Chairman Tralle was concerned about phasing of the development and would like to see the road phased in all at one time to protect the interest of the people of Elk River. Phil Hals, the Street Superintendent, indicated he would not accept maintenance for the roads until it's paved and outer radious graveled. Mr. Hals further indicated he would like to see the road design speed as 30 miles an hour instead of the 40. Chairman Tralle closed the Public Hearing. Further discussion was held regarding the phasing of the development by the Planning commission. . . . PAGE 8 Planning Commission Minutes February 25, 1986 COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS AS OUTLINED FROM THE COUNTY ENGINEERING DEPARTMENT: 1. An additional 17' foot of easement be obtained for the County on both County Road 32 (Meadowvale Road) and County Road 72. 2. That Lots 17 and 18 of Block 2 and Lots 15 and 16 of Block 2 share a common access to (Meadowvale Road) to limit the number of driveways entering on to that road. 3. That if culverts Meadowvale Road developer. are required where and Zebulon Street, the they plat are roads enter into furnished by the ALSO WITH THE FOLLOWING CONDITIONS OUTLINED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO: 1. That the recommendation for road design speeds and construction be as per the City Engineer's recommendation. 2. That the intersections of the plat roads and the County roads be designed to the County Engineering Departments specifications. 3. That the plat shows that Lots 17 and 18 of Block 2 and Lots 15 and 16 of Block 2 share a common driveway. 4. That lots with questionable soils for septic systems are required a perk test. 5. That all preliminary plat review fees be paid once staff approved. 6. That the developer builds the roads and they are all put in at once without phasing. 7. That the road names follow the City Grid system. Meadowvale Trail would be called 202nd Avenue. 8. That the developer shows proof of ownership. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. 10. Consider Preliminary Plat Approval for Deerfield 3rd Addition/P.H. Mr. Derrick Posie consulting engineer for DeWayne Olson presented this item to the Planning Commission. He indicated the subdivision consists of approximately 133 acres and is proposed to be developed into 228 single family lots and one commercial lot. All the lots are to be served by City water and all but 13 by City sanitary sewer. . . . -~._----_., , PAGE 9 Planning Commission Minutes February 25, 1986 Chairman Tralle opened the public hearing. Mrs. Jean Brown resident of Elk Hills indicated she was concerned about an additional entrance into this area. She further indicated it was a real problem getting unto Highway 169. Mr. Leo Pollack of Elk River Development Corporation indicated the terrain is very extreme dictating to some extend as to where the roads are going to go. Also because of the terrain dictates the price of the property. Discussion was held regading the commerical lot. Mr. Pollack indicated that parcel was unsuitable for residents because of the layout and terrain. He further indicated the commercial area would not be developed for at least 3 to 5 years. Mr. Pollack noted this was difficult property to develop because of the terrain and that they were trying to work with the city to develop this into a nice development and we need a lot of lots to make this pay because of the sewer, water and roads. Chairman Tralle closed the public hearing. Further discussion was held regarding whether or not the City or Developer should do the raods. Phil Hals, the Street Superintendent, noted that the biggest draw back was the access to the park. Is this a City park or a local development park? Access was to well hidden and hard to find. If they were to build this in phases he would like to see the roads completed after the second phase. It was the concensus of the Planning Commission that Deerfield Third provide a second access to a public road out of the subdivision to alleviate traffic problems and for safety reasons in case one access is blocked. It was also the concensus of the Planning Commission to have a joint meeting with the City Council in March as not to hold the developer up another month. Consider Conditioanl Use Permit by Northern States Power/P.H. Mr. Tom Bublitz, the City Administrator, indicated he would like to have a draft of the EIS available before we make a decision on the conditional use permit. Chairman Tralle opened the public hearing. No one appeared for or against the request. Mr. Don Chimel of NSP indicated it might be to the City's advantage to take a look at the plant in Newport. . . . PAGE 10 Planning Commission Minutes February 25, 1986 Mr. Bublitz, the City Administrator, indicated he would like to see that the City should have as much information as realistically possible prior to establishing conditions for the conditional use permit. He further indicated that a draft be available from the EIS before making a decision on the conditional use permit. He also noted the EIS is doing a more thorough study and a work session is scheduled for March 11, 1986. Chairman Tralle closed the public hearing. It was the consensus of the Planning Commission to table this unitl receipt of EIS is available. 12. Consider Ordinance Amendment to Permitted Uses in C2 & C4 Zones Mr. Tom Bublitz. the City Administrator, would like to see C4 zoned districts as a possible buffer zone. He further indicated the Council felt somewhat uncomfortable with rezoning. The Planning Commission reviewed the uses in C2 zoned districts. Mr. Ron Black of Terpstra, Black and Fitzgerald was present and indicated he supported the recommendations of the staff. COMMISSIONER FUCHS MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL TO AMEND C2 ZONING DISTRICTS TO SERVE AS A BUFFER BETWEEN RESIDENTIAL AND COMMERCIAL PROPERTY TO INCLUDE: 1. Multiple-family dwellings containing at least twelve (12) dwelling units. 2. Professional Offices. 3. Business offices and public buildings. 4. Financial institutions. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 6-0. There being no further MEETING BE ADJOURNED. MOTION PASSED 7-0. business, COMMISSIONER WARNER MOVED THAT THE COMMISSIONER TEMPLE SECONDED THE MOTION. THE The Meeting adjourned at 12:15 a.m. Respectfully submitted, SIJ~~ Sharon Maue ,) Building and Zoning Secretary