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01-22-1985 PC MIN o o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, JANUARY 22, 1985 Members Present: Chairman Tralle, Commissioners Oster, Wilson, Temple & Pearce Members Absent: Commissioner Fuchs & Wille Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tralle called the meeting to order at 7:00 p.m. 2. Consider Agenda for January 22, 1985 Planning Commission Meeting Added to the agenda was: 8 - Planning Commission Powers and Duties; 9 - Dave Gilgenbach, new veterinary clinic on #169; 10 - Appointment of Planning Commission Member to HRA Committee; 11 - Update on clean~up of junk yards. 3. Consider Minutes of November 20, 1984 Planning Commission Meeting COMMISSIONER WILSON MOVED TO ACCEPT THE NOVEMBER 20, 1984, PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 4. Consider Preliminary Plat Review for Deerfield 2nd Addition - Public Hearing Dennis Taylor, Surveyor was present along with Mr. Jerry Smith. Mr. Dennis Taylor indicated that he was present representing Jerry Smith. Mr. Taylor indicated that the proposed Deerfield 2nd is located just south of Deerfield First Addition and is in an R-la zoned area. Mr. Taylor further indicated that the minimum lot size is 2~ acres, and that the west part is all wooded, the south is all wooded, and the north and northeast are open. Mr. Taylor indicated that 25 acres was being dedicated for park land. It was indicated that UPA had a power easement running north and south of the plat and the biggest concern is that no one builds within that easement. It was in- dicated that UPA submitted a letter with certain requests in regards to Deerfield Second Subdivision. These requests were discussed and it was the consensus that a copy of the letter from UPA should be stapled to the plat so that when people come in for building permits, they will be made aware of the requirements. Rick Breezee indicated that the Park Superintendent, Phil Hals, was requesting that an 8 foot strip of land be built up two feet higher around the pond area located to the East of Lots 5, 6, 7 and 8 of Block 4 so that equipment can be brought in and also so that it can be walked on and a nature trail made. A letter submitted to Rick Breezee from Consulting Engineers Diversified regarding the plat was discussed. Chairman Tralle opened the public hearing. o Elk River Planning Commission Minutes January 22, 1985 Page Two Ron Erickson questioned whether 197th would be the only access road. Dennis Taylor indicated that there would be entryways off of #169. Rick Breezee, indicated that 197th to Ulysses will also provide an entrance to the subdivision. Dave Burrand questioned where the water level on the pond was according to the lots adjacent to the pond. Rick Breezee stated that the water does not encroach on the lots according to the topographic map. Chairman Tralle closed the public hearing. Percolation tests were discussed. Rick Breezee indicated that the City Zoning Code does not require percolation tests. Gerry Smith stated that the plat is FHA approved and that the soils Engineer do soil borings on any lot they feel would require such. Gerry Smith further indicated that the Engineer marks the spot that would be the best suitable building spot. Commissioner Pearce brought up the point about the lots off of Highway #169 and the noise situation. Rick Breezee indicated that FHA has restrictions and that it is also a buyer beware situation. MARY TEMPLE MADE A MOTION TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE PRELIMINARY PLAT OF THE DEERFIELD SECOND SUBDIVISION CONTINGENT UPON CITY STAFF RECOMMENDATIONS. COMMISSIONER PEARCE SECONDED THE MOTION. - THE MOTION PASSED 5-0. 5. Consider Ordinance Amendment to Chapter X regarding adoption of the State Building Code - Public Hearing Rick Breezee stated that he would like the Planning Commission to consider an ordinance Amendment to Chapter X of the City Code regarding adoption of the State Building Code. Rick Breezee indicated that at the present the City Code is en- forcing the 1979 requirements of the State Building Code. Rick Breezee indicated that the City should be keeping up-to-date with the building code requirements of the State of Minnesota. Chairman Tralle stated that -he would like to see a reinspect ion fee looked into for people who were building without building permits. Chairman Tralle stated that he felt a double building inspection fee or $50.00 minimum fee would be suitable. Rick Breezee stated that an article could be put in the next issue of the City's newsletter stating that building permits are needed for sheds and accessory structures. COMMISSIONER PEARCE MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL TO AMEND ORDINANCE CHAPTER X BUILDING AND LAND DEVELOPMENT, SECTION 1000 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED ADOPTION OF STATE BUILDING CODE, TO INCLUDE SECTION l-A. 1-9, B. 1-4, SECTION 3, AND SECTION 4 OF THE STATE BUILDING CODE. COMMISSIONER WILSON SECONDED THE MOTION. -THE MOTION PASSED 5-0. 6. Interpretation for Zoning Classification 928 Main Street Rick Breezee indicated that he had had requests on a zoning interpretation for 928 Main Street because the zoning line falls directly on the lot. Rick Breezee indi- cated that one side of the lot is Commercial and the other side is zoned R-4/multi- family residential. o o o Elk River Planning Commission Minutes January 22, 1985 Page Three COMMISSIONER PEARCE MOVED TO INTERPRET THE DIVIDING LINE TO BE ON THE WEST SIDE OF 928 MAIN STREET WHICH WOULD MAKE THE LOT ZONED C-2/COMMERCIAL. COMMISSIONER QSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. Commissioner Pearce indicated that he would like to look at a larger area in the future for zoning purposes. 7. Ordinance Amendment to Chapter IX Concerning Grocery Stores and Retail Auto Parts in C-3A Districts - Public Hearing COMMISSIONER WILSON MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL TO AMEND ORDINANCE CHAPTER IX - ZONING, SECTION 900.12 PRINCIPAL USES BY DISTRICT, SUB. 9A - C-3A HIGHWAY COMMERCIAL DISTRICT OF THE ELK RIVER CITY CODE, TO INCLUDE RETAIL GROCERY ESTABLISHMENTS AND NEW RETAIL AUTO PARTS STORES. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. 8. Planning Commission Powers and Duties The Planning Commission Powers and Duties were reviewed and discussed, and it was the consensus that this should be given to all new planning commission members. It was the consensus of the Planning Commission that the commission members would review the powers and duties of the planning commission and discuss at the February meeting. 9. Planning Commission members to be on HRA Committee It was the consensus of the Planning Commission members that the duties of an HRA member be put on the February Agenda, and at that time consider a volunteer from the Planning Commission. 10. Veterinary Clinic Rick Breezee indicated that he has had a request from Dr. Gilgenbach to purchase a 5 acre piece of land north on 169 owned by the City so that he can build a veterinary clinic on the site. Rick Breezee indicated that the Elk River Zoning Ordinance does not allow Veterinary clinics in an R-lb zone, only in C-3a and A-l zones, and as conditional uses only. It was the consensus of the Planning Commission that they were in favor of the veterinary clinic, that it was a needed addition to the City, and that it was nice highway frontage, and also that the ordinance be amended to allow veterinary clinics in R-lb zones as a conditional use. It was stated that the Commissioners were not in favor of a zone change because of the fact that it would be spot zoning. 11. Update on Clean up of junk yards Chairman Tralle indicated that he had a concern with the enforcing of the City Code regarding junk yards and nuisances. Rick Breezee indicated that a number of the violations were now in the hands of the City Attorney and he was waiting for legal action to be taken. o o Planning Commission Minutes January 22, 1985 Page Four Chairman Tralle and Commissioner Wilson will be the representatives attending the February 11, 1985 City Council Meeting. There being no further business, A MOTION WAS MADE BY COMMISSIONER PEARCE AND SECONDED BY COMMISSIONER TEMPLE TO ADJOURN. MOTION PASSED '5-0. Respectfully submitted, s4~~ Sandy Thackeray Secretary