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07-22-1986 PC MIN . . . Umn.AR MlETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, JULY 22, 1986 Members Present: Chairman Tralle. Commissioners Temple, Fuchs, Wilson. Morton and Barrett Members Absent: None 1. The meeting was called to order at 7:00 p.m. by Chairman Tralle. 2. Agenda COMMISSIONER WILSON MOVED TO APPROVE THE JULY 22. 1986 PLANNING COMMISSION MENDA. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Minutes of the 7/14/86 Joint City Council and Planning Commission Meeting Commissioner Fuchs noted that on page 5, Item 6, paragraph 4, the word "westerly" should be substituted for the words"easter1y." Commissioner Temple noted that on page 10, paragraph 2. "UPA" should be substituted for "NSP". (}t}MMIOOIONlR FUCHS MOVED TO APPROVE THE MINUTES OF THE 7/14/86 JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING AS AMENDED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 4. Variance Request by Elk River Country Club/Public Hearing Building and Zoning Administrator, Stephen Rohlf stated that the City Council, at their July 21 meeting, voted to amend the ordinance to reduce the required setback of a metal-skinned building from 600 feet down to 300 feet from a platted area or neighboring residence. Mr. Rohlf further stated the City Council would be considering the possibility of amending the metal construction language at a future date. Mr. Rohlf then explained that due to the fact that so much of the building season for this year has already passed. the Elk River Country Club has asked that their request be tabled until the Spring of 1987. It was the consensus of the Planning Commission to table the request of Elk River Country Club, and that the request would again be considered with no additional fee. 5. Variance Request by Gary E. Wendt/Public Hearing Mr. Rohlf explained that Mr. Wendt is proposing to build a screened porch and a 9' x 11' bedroom addition to his property located at 1950 6th Lane. Mr. Rohlf further explained that Mr. Wendt is requesting a 6 foot encroachment on the required 10 foot rear yard setback for the 2 Planning Commission Minutes July 22, 1986 . screened porch and a 7 addition. Mr. Rohlf stated that 6th Lane, Mr. Wendt has no additions. Mr. Rohlf explained met for fire protection purposes. foot due to other that encroachment for the bedroom the new cul-de-sac and easement on choice for placing the proposed the 3 feet minimum setback must be Mr. Rohlf stated that he felt the five standards for a variance can be met and therefore, staff recommended approval. Chairman Tra11e reviewed the five standards with Mr. Wendt and it was the general agreement of the Planning Commission members that variance requirements could be met. COMMISSIONER TEMPLE MOVED TO RECOMMEND THAT THE CITY COUNCIL GRANT A VARIANCE FROM THE CITY'S ZONING ORDINANCE TO ALLOW UP TO NO MORE THAN A 7 '00'1' ENCROACHMENT ON THE REQUIRED 10 FOOT REAR YARD SETBACK FOR MR. GARY WINDT fOR TWO ADDITIONS ON HIS PROPERTY LOCATED AT 1950 6TH LANE. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 6-0. 6. Preliminary Plat Review M-Vale Subdivision by Gerald Smith/P.H. This item was tabled per Gerald Smith's request. 7. Consider Zone Change Request by Meets & Bounds Management Company & John Plaisted/Public Hearing . Chairman Tra1le explained that the petitioners are requesting a zone change for Outlot L of Ridgewood East 2nd Addition from the present R3 zone to R4. Chairman Tralle further explained that with the current zoning, 15 density units per acre are allowed, and that given the 6.2 acre size of the lot, it would be permissible to construct 92 units, at a maximum of 12 units per building. Paul Kingby, representing Meets and Bound Management Co. explained that they wished to construct only 80 units, but that their plans were for five 16 unit buildings. Mr. Kingby further explained that they wished to construct the project in two phases with the first phase consisting of two buildings in the south part of the lot. Chairman Tralle opened the public hearing. Ms. Barbara Lavell, accessed. Mr. Kingby cul-de-sac. a resident on 191st, asked how the property would be stated that the access would be on the 191st Lane . Mr. Rohlf distributted a letter to members of the Planning Commission from Mr. John Plaisted outlining restrictive covenants to be placed on the property to prevent the developers from increasing the density beyond the R3 zoning limitation. Mr. Rohlf explained that the developers are requesting the zone change to R4 to allow them to build buildings larger than the R3 district allows, but that they do not wish to increase the number of units allowed. . . . 3 Planning Commission Minutes July 22, 1986 Mr. Rohlf questioned the property owners present for the hearing if the idea of five buildings versus seven buildings was less objectional. Mr. Lavell stated that they were reluctant to see the area developed at all and that they were concerned about drainage in the area. Commissioner Temple questioned the 100 unit limit in the letter regarding the covenants. Mr. Plaisted answered that he bought the parcel from the Lion's Club as 7 acres which would allow 105 units in the R3 zoning. Since then the property was actually found to be 6.2 acres. Mr. Plaisted stated that he would accept the 92 unit limitation. Chairman Tralle stated that the City cannot enforce covenants, and that if the City were to approve the zone change, they could only take him at his word that he would ensure the covenants were followed. Mr. Plaisted stated that he would file the covenants on the property with the County. Mr. Rohlf requested that the Land Use Map be amended from MR Medium Density Residential, to HR High Density Residential to reflect the zone change, if the zone change is approved. Discussion was carried on regarding the parking on 191st. The Planning Commission requested that City staff research the parking problem and determine if adequate parking is provided for the apartment and townhouses in the area. Commissioner Fuchs questioned whether or not the covenants would be binding to the next buyer, if the property was sold again. Mr. Plaisted stated that it would be legally binding. Mr. Rohlf recommended that Mr. Plaisted have the covenants placed on the property before the City Councils public hearing on this item. Chairman Tral1e closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL OF THE ZONE CHANGE FROM R3 TO R4 MULTI-FAMILY RESIDENTIAL AS REQUESTED BY MEETS AND BOUNDS MANAGEMENT CO. AND MR. JOHN PLAISTED WITH THE UNDERSTANDING THAT THE RESTRICTIVE COVENANTS ADDRESSED IN THE LETTER PRESENTED TO THE PLANNING COMMISSION WOULD BE PLACED ON THE PROPERTY, SAID LETTER ATTACHED AND MADE PART OF THESE OFFICIAL MINUTES, COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. OOMMISSIONBR FUCHS MOVED TO RECOMMEND THAT THE CITY'S LAND USE MAP BE AMINDBD fROM MR TO HR TO REFLECT THE ZONE CHANGE FROM R3 TO R4 FOR THE PARCEL DESCRIBED AS OUTLOT L, RIDGEWOOD EAST 2ND ADDITION. COMMISSIONER WILSON SECONDED THE MOTION. THE MO'rION PASSED 6-0. Mr. Rohlf stated that he would be presenting other amendments to the Land Use Map for approval when work in his department slowed down this winter. 8. More Than One Principal Building on a Lot - Meets and Bounds Management Co., & John Plaisted Site Plan Review/P.H. . . . 4 Planning Commission Minutes July 22, 1986 Chairman Tralle asked if the Fire Chief had reviewed the site plan. Mr. Rohlf indicated that the Fire Chief has reviewed the plan and commended the developer for the good layout, for fire protection concerns. Mr. Rohlf stated that the Fire Chief asked that two additional hydrants be placed in the recommended areas. Discussion was carried on regarding plans for drainage and utility connections. Further discussion was carried on regarding a proposed administrative subdivision. Mr. Rohlf stated that the number of garage units should be equal to the number of housing units for each parcel of property. Also, he asked that there be some type of reciprocal agreement between the properties for use of the driveway access. Further, members of the Planning Commission asked that the 25 foot building setback from the property line be shifted to 20 feet so that the garage access from property line would be 35 feet to allow more room to maneuver vehicles. Chairman Tral1e asked if there was a fire safety problem with only one access to the development. Mr. Rohlf indicated that if this development were part of a new plat review, he would not be in favor of the length of a cul-de-sac road as was the situation with 191st Lane. Chairman Tral1e stated that since it is part of an existing plat, there really is no other way to go. COMMISSIONER WILSON MOVED TO RECOMMEND APPROVAL OF THE SI'l'E PLAN REVIEW FOR MEETS AND BOUNDS MANAGEMENT CO.. AND MR. JOHN PLAIS'l'ED SUBJECT '1'0 '1'HDl FOLLOWING CONDITIONS: 1. '!'HA'1' mE '!'WO ADDITIONAL FIRE HYDRANTS BE PLACED PER THE FIRE CHIEFS RECOMMENDATION. AT THE DEVELOPER'S EXPENSE. 2. THAT THE DRAINAGE PLAN BE REVIEWED AND APPROVED BY THE CITY ENGINEER. ~. '!'HAT THE SEWER AND WATER HOOKUPS BE APPROVED BY THE CITY'S SEWER SUPERINTENDENT AND MUNICIPAL UTILITIES SUPERINTENDENT. 4. '!'HA'1' '!'HE SITE PLAN BE REVIEWED TO REFLECT THE 25 FOOT FRONT YARD SETBACK. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. Mr. Rohlf asked that the site plan be revised to reflect the changes requested in items one through four for City Council review. 9. Consider Variance Request by Viking Recreational Retreat This item was tabled. 5 Planning Commission Minutes July 22, 1986 . 10. Consider Ordinance Amendment Request by Burlington Northern Railroad/P.H. Richard Kronk of Donahue and Associates, representing Burlington Northern explained that they were requesting an ordinance amendment to allow railroad maintenance buildings as a conditional use in railroad right-of way within R4 zoned districts. Mr. Kronk indicated that Burlington Northern would be tearing down the existing depot at Highway #10 and Jackson. He further indicated that they would like to relocate an existing building in Delano at a site on the west side of Proctor Avenue in the Northern railroad right-of-way. Mr. Kronk indicated that the building would be used for signal maintenance and would consist of a signal maintenance area for parts and equipment storage, a garage for the track mower. and an employee area with lockers, desks, tables and water heater, etc. Chairman Tra1le opened the public hearing. Mr. Rohlf indicated that Burlington Northern has a need for one building in Elk River and happened to pick the R4 zone. Discussion was carried on regarding the compatibility with the adjacent properties, including the proposed 48 unit apartment building at the southwest corner of School Street and Proctor. and a proposed bulk plant southwest of the site in question. . Commissioner blacktopped, their lots. Wilson stated that he would like to see the parking area since other businesses in Elk River are required to blacktop Commissioner Temple questioned what the hours of operation would be. Mr. Kronk stated that this would be mainly a day time operation, unless an emergency arose in which signal repair was required. Commissioner Morton asked how many employees would work at the site. Mr. Kronk stated that there would be up to eight employees. Commissioner Morton stated that he would like to see some type of fencing or screening of the site. Mr. Rohlf stated that the building could tie into the existing sewer amd water line. Commissioner Morton building is allowed. the R4 districts are would be permitted. questioned whether or not the proposed metal skinned Mr. Rohlf indicated that metal skinned buildings in not addressed in the zoning ordinance' and therefore, Commissioner Fuchs stated that he would like to see that at least the north side of the building was screened. . Commissioner Barrett questioned whether or not Burlington Northern has required building setbacks from railroad and public road intersections. for visibility purposes. Mr. Kronk stated that he was not aware of any. Chairman Tralle closed the public hearing. 6 Planning Commission Minutes July 22, 1986 . (It>>fMISSIONlR BARRITT MOVED TO RECOMMEND APPROVAL OF A ORDINANCE AMENDMENT TO ALLOW RAILROAD MAINTENANCE BUILDINGS IN RAILROAD RIGHT-OF-WAYS AS A CONDITIONAL USE IN THE R4 ZONING DISTRICTS. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 6-0. COMMISSIONER WILSON MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE P!lUotIT FOR BURLINGTON NORTHERN RAILROAD TO ALLOW THE PLACEMENT OF A MILROAD MAINTENANCE BUILDING IN THE NORTHERN RAILROAD RIGHT-OF-WAY WEST or PROCTOR AVENUE, WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PARKING AREA BE BLACKTOPPED ~. mAT OPAQUE FENCING BE REQUIRED ON THE NORTH SIDE OF THE BUILDING lX'l'INDING 10 FEET ON EITHER SIDE, SUBJECT TO STAFF APPROVAL 3. '!'KAT THE DUMPSTER BE PLACED ON THE WEST SIDE OF THE BUILDING 4. THAT THE BUILDING BE SANDBLASTED AND PAINTED ;. THAT A MAXIMUM OF 10 SQ. FT. OF SIGN BE ALLOWED, AND THAi' SAID SIGN BE ATTACHED TO THE BUILDING. 6. 'mAT THE CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS (lOMMlSSlON FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. . 12. ORDINANCE INTERPRETATION Mr. Rohlf asked that the Planning Commission make a determination whether or not a carpet showroom would be a permitted use in the C3A zoning district. It was the concensus of the Planning Commission members that this type of use was compatible with other C3A uses and should be pemitted. Commissioner Fuchs asked that Mr. Rohlf check on the mineral extraction license requirement to determine how close to residences and platted areas such as Brentwood and Ridgewood mining can be done. COMMISSIONER FUCHS MOVED WILSON SECONDED THE MOTION. THAT THE MEETING BE ADJOURNED. THE MOTION PASSED 6-0. COMMISSIM'R The meeting adjourned at 9:30 p.m. Respectfully submitted, ~ J)JLbo IZ~ ;l1.eb!!nw Deborah Kleckner Recording Secretary .