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02-26-1985 PC MIN t) 04. o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, FEBRUARY 26, 1985 Members Present: Chairman Tralle, Commissioners Pearce, Fuchs, Wilson, Oster, Wille and Temple. Members Absent: None 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 the February 26, 1985 Planning Commission Meeting COMMISSIONER WILLE MOVED TO ACCEPT THE FEBRUARY 26, 1985 PLANNING COMMISSION AGENDA AS PRESENTED. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 7-0. 3. Consider Minutes of the January 22, 1985 Planning Commission Meeting COMMISSIONER OSTER MOVED TO ACCEPT THE JANUARY 22, 1985 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 7-0. Consider Conditional Use Permit Request for Robert Burley/Public Hearing Mr. Burley was present and indicated that he lived at 825 Xenia Avenue, Elk River. Mr. Burley further indicated that he is requesting a conditional use permit to operate a home occupation which would be for the selling of antiques and collectibles and also boutique items from his home. Chairman Tralle opened the public hearing. Mr. Steen indicated that he lives at 842 Xenia Avenue and stated that several of the neighbors stated that they objected to the conditional use permit because of the heavy traffic they have seen at previous times during the year, and also because of the narrow street on which they live. Mr. Burley indicated that he held one or two large sales per year. Mr. Burley further indicated that he had no intention of having a full retail store. Chairman Tralle closed the public hearing. Commissioner Oster questioned whether there would be any change in ,the appearance of Mr. Burley's residence because of the home occupation. Mr. Burley indicated that there would be no change in the appearance of his residence and that the business would be held in the downstairs area of his home. Mr. Burley further indicated that all of his business would be transacted inside his home. Mr. Burley stated he felt there would be no more than six people at one time at his home during the year except for his one or two major sales during the year. o o Elk River Planning Commission Minutes February 26, 1985 Page Two Discussion was held regarding the boutique part of the home occupation. It was felt that boutiques draw large crowds and are not compatible with antiques. It was further indicated that a boutique sale was somewhat like a garage sale and needed no licensing. Mr. Burley indicated that the signage would be on his dwelling property and would be in compliance of the City's Ordinance. Mr. Burley stated there would be no outside employees; strictly family operating the business. Commissioner Oster indicated he felt a time limit of one year on Mr. Burley's conditional use permit would be appropriate. Commissioner Oster stated that if there are any problems regarding the boutique or traffic, it could be dealt with at that time. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT A CONDITIONAL USE PERMIT FOR MR. ROBERT BURLEY OF 825 XENIA AVENUE TO OPERATE ANTIQUE AND BOUTIQUE SALES FROM HIS HOME WITH THE FOLLOWING CONDITIONS: 1. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN ONE YEAR. 2. THAT THE HOURS OF OPERATION BE FROM 10:00 A.M. TO 5:00 P.M. DURING THE WEEK AND FROM 10:00 A.M. TO 9:00 P.M. DURING THE WEEKEND. 3. THAT 11IERE BE NO OUTSIDE EMPLOYEES. 4. THAT THE PROVISIONS OF THE CITY ORDINANCE BE MET WITH REGARDS TO SECTION 900.20(3) FOR PARKING AND APPEARANCE. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 5. Ordinance Amendment to Allow Veterinary Clinics in an R-l Zone/Public Hearing Chairman Tralle indicated that at the last Planning Commission meeting there was a concept presented to the Planning Commissioners for a veterinary clinic to be located on five acres of land which is currently owned by the City of Elk River, on Highway #169. Chairman Tralle further indicated that presently the zoning designation for this land is R-lb/single family residential, and veterinary clinics are not allowed in this zoning designation. Chairman Tralle indicated that the request before the Planning Commission was to change the uses allowed in an R-l zone to include veterinary clinics as a principal or conditional use. Chairman Tralle opened the public hearing. Commissioner Pearce stated that he felt this change should not be limited to veterinary clinics but also to human clinics. He felt this should be looked at with a much broader scope. Attorney Cliff Lundberg indicated that he felt veterinary clinics were an intrusive use in a residential zone. Discussion was held regarding whether or not veterinary clinics would be desireable in other R-l zoned areas in the City. o o Planning Commission Minutes February 26, 1985 Page Three Commissioner Oster stated he was against the ordinance amendment because of the possibility of veterinary clinics being located in other R-l zones in the City. Commissioners Fuchs and Wille also indicated they were against the ordinance amendment for this reason. Chairman Tralle closed the public hearing. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE ORDINANCE AMENDMENT TO ALLOW VETERINARY CLINICS IN R-l ZONES AS A CONDITIONAL USE. COM- MISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. 6. Preliminary and Final Replat for M & S Development/Public Hearing Chairman Tralle indicated that M & S Development, who owns a residential portion of the Barrington Place PUD has requested a preliminary ~eplat and final replat review for an eight unit building located on Auburn Street south of 6th Avenue. Chairman Tralle indicated that the reason for the replat was that the developer was previously given approval for increasing the density. Chairman Tralle further indicated that this increase allowed double what was originally approved. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the matter. Chairman Tralle closed the public hearing. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE REPLAT #3 OF BARRINGTON PLACE FOR M & S DEVELOPMENT. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 7. Final Plat Approval for Kreuser Townhomes Plat #3/Public Hearing Attorney Cliff Lundberg was present and indicated that he was representing Gene Kreuser for the final plat approval of plat #3. Mr. Lundberg indicated that he was requesting a final plat approval for Gene Kreuser to construct a four unit townhome building. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the final plat approval. Chairman Tralle closed the public hearing. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY ACCEPT THE FINAL PLAT FOR KREUSER TOWNHOME PLAT 113. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 8. Zone Change Request by Mr. George Dietz/Public Hearing Gary Santwire was present and indicated that he was representing Mr. George Dietz who owns property along Dodge Avenue directly north of McDonalds and is requesting a zone change for this property, from what is now an R-lc zone to a C-3A/highway commercial zone. Mr. Santwire indicated that he felt c C-3A zoning would be appropriate because it is adjacent to the highway which is commercial property. Mr. Santwire presented the Planning Commission with the principal uses which are o "',' ~ Planning Commission Minutes February 26, 1985 Page Four allowed in a C-3A/highway commercial district. Mr. Santwire indicated that the size of the parcel in question is 3.3 acres which includes the easement. It was indicated that there have been some objections to certain uses in the C-3A zone by the neighboring residents, so it was suggested that a C-l zone be looked at. Rick Breezee, Building and Zoning Administrator indicated that a C-l zone did not limit setbacks or lot coverage. Rick Breezee further indicated that he had spoken to Zack Johnson, the City's Planner, and that Mr. Johnson had recom- mended that as a proper land use and land designation, a C-4 zone would be appro- priate. It was also suggested that they look into having the land rezoned to a PUD. Mr. Santwire indicated that he would not accept a PUD zoning. Chairman Tralle questioned Mr. Santwire as to what type of uses he would like to foresee on the property. Mr. Santwire indicated he could foresee a savings and loan operation, a small retail, operation, and a 12 unit multi-family dwelling. Mr. Santwire indicated that he would like to see three uses with one acre per use on the property. Chairman Tralleopened the public hearing. Mr. Milo Hennemen indicated that he does not want C-3A zoning for this area, or the uses which go with that zoning next to his property. He would like to see the property stay an R-l zone, and specify the use which would go on the property. Mr. Hennemen indicated that he would like to see a professional building in the area and for the zone to remain R-l; to him this would be ideal. Mr. Earl Hetrick indicated that this was brought up last May and was turned down by the Council because of insufficient buffering. Mr. Hetrick further indicated that the traffic situation would be a lot worse because of the businesses present now. Mr. Hetrick indi~ated he felt there was no compromise except possibly multi-dwelling. Mr. Cliff Lundberg indicated he would like to see the City try to define a special type of buffer district and then define uses for these special buffer districts, and that maybe these special buffer districts could be used for spot zoning. Larry Toth indicated that he felt this piece of property could not be sold as residential because the price was too high. Vance Greninger indicated that he felt it was not fair for Mr. Hetrick to have commercial property next to his home when the other residents of Elk Hills Drive do not have any commercial property by their homes. Rick Breezee indicated that possibly the area in question could be combined with Parcel C, which would make a total of 7 acres, then this could possibly be looked at to combine it into a PUD. Gary Santwire indicated he felt multi-family would not be appropriate because it is next to Highway 11169. Mr. Santwire further indicated that he felt if some new zoning were to be designated for a specific use, this would take too much time and he did not want to wait for that to happen. o Planning Commission Minutes February 26, 1985 Page Five Commissioner Fuchs indicated that he would like to steer away from the C-3A zone, mainly because of the gas stations. Commissioner Fuchs indicated that he felt the buffering must be looked at and also that the traffic must be looked at because the businesses there at the present are already creating a heavy traffic load. Sherri Hennemen indicated that the frontage road does not go onto the highway but runs onto a residential road. Gary Santwire suggested that possibly a protective covenance of record could be recorded for the north part of the land such as "trees will not be removed." Mr. Santwire indicated this would help with the buffer. Commissioner Fuchs indicated he felt that they should postpone any decision as to a zone change until the buffer zone coould be looked into and also to see what Mr. Santwire proposes for the property. Commissioner Pearce indicated that he agreed with Commissioner Fuchs in that the area was not properly zoned for residential, and further stated he felt C-3A zoning was not appropriate for the area. Mr. Santwire indicated he would like a recommendation by the March 18th City Council meeting. Chairman Tralle closed the public hearing. Gary Santwire requested that the hearing be continued under circumstances that this continue to be worked out at a special workshop meeting on Tuesday, March 5, 1985. 9. Residential Concept Review for the Barthel Planned Unit Development Mel Beaudry representing Barthel Realty was present and indicated he would like to present the Planning Commission with a concept for single family homes within part of the PUD area. Mel Beaudry indicated that the area for this residential development could contain up to a maximum of 88 units and could be presented as single family or multi-family depending on the developers request. Mr. Beaudry indicated that what they are proposing is to put single family housing in that are~which is approximately 9.8 acres. Mr. Beaudry indicated that he felt multi- family in Elk River was not very salable. Mr. Beaudry further indicated that the average lot size in this development would be 6,000 square feet, and that these homes were designed for people who do not want a lot of land to maintain, but still want private, single family homes. Mr. Beaudry further indicated that they are looking at a covenance for this area so as to keep the homes and the area neatly maintained. Mr. Beaudry further indicated that all the houses would have attached garages, and also that there would be a park area. Mr. Beaudry indicated that the park is a long stretch of land along the development, which would abut residents in the development and would be mainly for younger children. Commissioner Pearce indicated he would like to see a restricting type of fence along Gates Avenue to keep the children from running into the traffic. o 011' Planning Commission Minutes February 26, 1985 Page Six It was indicated that between the preliminary and final plat it must be decided with the Council how many units would be appropriate to be built before the second phase could begin. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE RESIDENTIAL CONCEPT FOR THE BARTHEL PLANNED UNIT DEVELOPMENT. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 7-0. 10. Preliminary Plat Review for Mr. Jake Jacobson/Public Hearing Mr. Jake Jacobson was present and presented the Planning Commission with a plat for their review which is called Oak Meadows. Mr. Jacobson indicated that the cul-de-sacs on both sides of Polk Street would be used for future expansion. Mr. Jacobson further indicated that outlot C would be dedicated to the City in case of future expansion. Mr. Jacobson indicated that he had preferred to dedicate land to the City for a future park but had found out that there already is going to be a park built nearby. Chairman Tralle questioned whether lot 1 of block 3 was buildable beGause it appeared to be a large drainage easement. Mr. Jacobson indicated that there was buildable land towards the front section of the lot. Chairman Tralle opened the public hearing. One of the surrounding residents questioned whether Polk Street would be opened up in the future if needed. Mr. Jacobson stated that it would be available for future expansion. Mr. Jim Dahlquist questioned whether Tyler Street was going to be upgraded. Gene Schuldt stated that a feasibility study was ordered for upgrading of Tyler Street. Chairman Tralle closed the public hearing. Commissioner Fuchs questioned whose responsibility it would be to build a road on outlet C. Rick Bree~ee indicated that it would be a negotiation process between the City and the developer. COMMISSIONER TEMPLE ~10VED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRE- LIMINARY PLAT AS PRESENTED BY MR. JAKE JACOBSON FOR OAK MEADOWS DEVELOPMENT. COMMISSIONER FUCHS &ECONDED THE MOTION. There was discussion regarding Terry Maurer's memo sent to the City regarding the preliminary plat. COMMISSIONER TEMPLE MOVED TO AMEND THE PRECEDING MOTION TO INCLUDE THE REQUIREMENTS IN THE MEMO SUBMITTED BY TERRY MAURER OF MAIER, STEWART & ASSOCIATES, INC., TO RICK BREEZEE, DATED FEBRUARY 27, 1985. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. Conditional Use Permit Request by Mr. Floyd Elliott/Public Hearing Mr. Floyd Elliott was present and indicated that he lives at 21229 Concord Street NW in Elk River, and stated that he is requesting a conditional use permit to con- struct an agricultural, metal-skinned building on his property to store his equip- ment such as riding lawn mowers and his classic vehicles. o Planning Commission Minutes February 26, 1985 Page Seven Commissioner Oster stated that he had been out to the site and felt there was no sign of a business being conducted on Mr. Elliott's premise and also indicated that his house and premise appeared neat. Chairman Tralle opened the public hearing. Mr. Wayne Williams, a neighboring resident had a complaint about Mr. Elliott's "so called hobby." Mr. Williams indicated that he had many people stopping at his house requesting directions to Mr. Elliott's residenc~ and the UPS truck frequently stopped at his house delivering parts for Mr. Elliott. Mr. Williams indicated he had seen Mr. Elliott towing vehicles a number of times and claimed there was more traffic on the road because of the people that went to Mr. Elliott's home for repair of vehicles. Mr. Williams' had pictures which he showed the Planning Commission members regarding the towing of vehicles. Mr. Elliott claimed that he did not operate a business out of his residence and that he did do some vehicle repair but that it was for friends and relatives, and further claimed that he did not receive an income for doing the work. Mr. Elliott claimed it was a hobby only. Mr. Nussbaum who lives to the east of Mr. Elliott indicated that he saw no problem with Mr. Elliott's hobby. Chairman Tralle closed the public hearing. Mr. Williams also stated that there was a lot of noise and tires squealing when people left Mr. Elliott's driveway. Mr. Elliott stated he had older children and indicated he would try to talk to his children about this. Commissioner Fuchs indicated he would like to see Mr. Elliott's site cleaned up and the noise stopped. It was indicated that Mr. Elliott owned 4~ acres of land and that he built his first pole barn on his lot before he was aware that a permit was required, therefore, he is getting a permit to build a second pole barn building, which will be located north and east of the present building. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT A CONDITIONAL USE PERMIT TO MR. FLOYE ELLIOTT OF 21229 CONCORD STREET NORTHWEST, ELK RIVER, WITH THE FOLLOWING CONDITIONS: 1) THAT THE PERMIT BE REVIEWED IN ONE YEAR. 2) THAT THE BUILDING BE USED FOR STORAGE ONLY. 3) THAT THE BUILDING BE PAINTED AN EARTH-TONED COLOR. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-2. COMMISSIONERS WILSON AND WILLE VOTED AGAINST THE MOTION. Commissioner Wille stated that he felt it may be setting a precedent for other people in these areas, with Mr. Elliott having two pole barns on his property. o o Planning Commission Minutes February 26, 1985 Page Eight 12. Variance Request for Mr. Sanuel Nussbaum/Public Hearing Chairman Tralle indicated that Mr. Nussbaum had previously been before the Planning Commission at their November 20, 1984 meeting, and had requested two variances, one was a setback variance from his rear property line for an accessory agri- cultural building, and the second was a variance from the City's setback require- ments for agricultural buildings from platted areas in A-I zones. Chairman Tralle further indicated that at this meeting the Planning Commission had recom- mended approval of the variances to the City Council with the restriction of the number of animals to include 500 fowl and 25 adult animals, including goat, sheep and a maximum of 3 horses. Chairman Tralle further indicated that this was heard by the City Council at their December 17, 1984 meeting, and that the City Council accepted the Planning Commissioners motion and also that the City Council stated that any animals kept out of doors were to be penned or maintained in an area south and west of the barn, and that the provisions of the nuisance ordinance spe6tfically apply to the Nussbaum property, and further that there be no turkeys allowed. Mr. Nussbaum indicated that he was requesting to relocate his animal holding area which was previously approved by the City Council. Mr. Nussbaum indicated that the reason for this request was that he would like to utilize the area closest to Greenhead 3rd subdivision, because there was some lowland which was used as a holding pond for water and the water was being used by the geese and ducks on his property. Mr. Nussbaum indicated that he would be willing to plant a number of plantings along the rear and side property lines to help create a visibility screen and buffer from the Greenhead subdivision. Mr. Nussbaum further indicated that the trees he was proposing to plant would create a buffer for his entire pasture. Chairman Tralle opened the public hearing. No one appeared for or in opposition of Mr. Nussbaum's request. Chairman Tralle closed the public hearing. Rick Breezee indicated that he had received a call from a neighboring resident, Mrs. Reiner, and she had stated that she did not feel Mr. Nussbaum's relocation of his animals would create a problem for her if the plantings were planted. Mr. Nussbaum indicated that he would like to be able to keep turkeys on his land and felt that a limit of ten turkeys would be sufficient for his use. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF MR. SAMUEL NUSSBAUM'S NEW SITE PLAN WHICH HE PRESENTED TO THE PLANNING COMMISSION FOR A RE- LOCATION OF HIS ANIMAL HOLDING AREA, WITH THE STIPULATION THAT A TREE LINE BE PLANTED ON THE NORTH AND WEST PROPERTY TO PROVIDE A SCREEN OR BUFFER FROM THE SURROUNDING RESIDENTIAL PROPERTY, AND WITH THE FURTHER STIPULATIONS AS REQUIRED BY THE CITY COUNCIL IN THEIR MOTION OF DECEMBER 18, 1984. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 7-0. Mr. Nussbaum questioned whether the motion could include the keeping of at least ten turkeys on his land. It was indicated to Mr. Nussbaum that this was a Council decision and would have to be left up to the City Council whether Mr. Nussbaum would have turkeys on his property or not. Planning Commission Minutes February 26, 1985 Page Nine 13. Consider Ordinance Amendment for Live In Security Residents in Industrial Zones/ Continued Public Hearing Rick Breezee indicated that Mr. Renner had been present before the Planning Com- mission during their November meeting in 1984 with a request for a preliminary plat for nine lots located on the southeasterly part of the City north of Highway #10 along Jarvis Street. Rick Breezee further indicated that as part of Mr. Renner's initial request, he was requesting to have a live in residence, or an apartment located above his office area so that he and his wife could live on the premise for security reasons. Rick Breezee indicated that this public hearing was ~ontinued because of the fact that certain language was needed for this request. Mr. Breezee indicated that he had received the language from the City's Attorney, Peter Beck. The language was discussed by the Planning Commission and th~re were no disagreements with the language. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT AN ORDINANCE AMENDMENT TO SECTION 900.16(8) OF THE ELK RIVER ZONING ORDINANCE TO ALLOW LIVE IN RESIDENCE FOR SECURITY REASONS AS A CONDITIONAL USE IN I-l AND 1-2 ZONING DIS- TRICTS. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 14. Consider Powers and Duties of Planning Commission. This was dispensed with at this meeting. 015. Consider Building Permit Year End Summary Building Permits issued for 1984 were discussed and reviewed. 16. Zoning Seminar Update Commissioner Temple indicated that she and Building and Zoning Secretary Sandy Thackeray, had attended a zoning seminar in St. Cloud with respect to respon- sibility procedures and zoning authority. Commissioner Temple indicated that she and Sandy Thackeray felt the seminar was very worthwhile and gained much information from the seminar. 17. Consider proposed date for meeting with Zack Johnson A meeting with the Planning Commission members was set for March 5th with the City's Planner Zack Johnson to discuss the update of present zoning laws and proper planning and zoning procedures. There being no further business, COMMISSIONER WILSON MOVED TO ADJOURN THE MEETING. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. The meeting adjourned at 11:10 p.m. t)~~ Planning Commission Secretary