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03-26-1985 PC MIN o 04. o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, MARCH 26, 1985 Members Present: Chairman Tralle, Commissioners Wille, Pearce, Fuchs, and Temple. Members Absent: Commissioners Wilson and Oster Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tralle called the meeting to order at 7:00 pm. 2. Consider Agenda for the March 26, 1985 Planning Commission Meeting Number 9~ - Site Plan Review Amendment for the Food N Fuel was added to the agenda. It was the consensus of the Planning Commission members to accept the agenda as amended. 3. Consider Minutes of the February 26, 1985 Planning Commission Meeting COMMISSIONER PEARCE MOVED TO ACCEPT THE FEBRUARY 26, 1985 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 5-0. Consider Conditional Use Permit Request for Richard Maki Mr. Richard Maki was present and indicated that he lived at 1616 North Oaks Drive, Osseo. Mr. Maki stated that he was requesting a conditional use permit to operate a used car lot with a service area in the back. Mr. Maki stated that he would be setting this up on a consignment basis and also stated that there would be no changes made to the building except that he would be updating, improving, and maintaining the building. Chairman Tralle indicated that the property Mr. Maki was looking at was located at 17119 Highway #10 and that the property was previously being conducted as Holl-Mart Motors, and is located next to Elk River Ford. Chairman Tralle further indicated that this property is located in a C-3A zoniri.g__ district. Chairman Tralle opened the public hearing. There was no one for or in opposition of the request. Chairman Tralle closed the public hearing. Commissioner Pearce stated that the building which Mr. Maki is looking at was previously used for a used car lot, and therefore, he has no problem with Mr. Maki I s request. o Elk River Planning Commission Minutes March 26, 1985 Page Two Rick Breezee, the Building and Zonging Administrator indicated that his only concern was that a minimum of 24 feet be opened for ingress and exiting off of the side road, and 20 feet to be opened between the building and any car place- ment for fire lane pruposes. Commissioner Temple questioned whether Mr. Maki had any plans of doing landscaping. Mr. Maki stated that he had no plans at the present time because he is buying the property on a lease, and if he intends to stay at the property, he would, therefore, make some changes and do some landscaping. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT A CONDITIONAL USE PERMIT FOR MR. RICHARD MAKI OF 1616 NORTH OAKS DRIVE, OSSEO, MN., TO OPERATE A USED CAR LOT AT 17119 HIGHWAY #10, WITH THE CONDITION THAT THIS BE REVIEWED IN TWO YEARS. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-0. 5. Preliminary Plat Review for Wilderness Acres Mr. Dennis Taylor was present and indicated that he was the surveyor representing Mr. Mike DeMars. Mr. Taylor stated that Wilderness Acres was a 40 acre subdivision and was located two miles north of the main part of Elk River. Mr. Taylor further indicated that the plat was divided into 11 lots. Rick Breezee indicated that the zoning designation for this property was R-la/single family and that within this district 2~ acre minimum lots were required with a minimum of 150 foot frontage. Chairman Tralle Opened the public hearing. Mr. Richard Leistico indicated that he was not against the plat but stated that he would like to see an easement on the south part of lot 3, block 1 so as to connect this plat to Deerfield, with Vance Street being the connecting street. Mr. Leistoco indicated that he felt it would benefit the Planning Commission to look into this at the present time so as to plan for the future road connection from Deerfield to Wilderness Acres. Chairman Tralle closed the public hearing. Chairman pearce indicated that he felt if this easement could be done in the correct way, it would be a good idea. Rick Breezee indicated that Dennis Taylor has complied with all the requests made by the City's Engineer, Terry Maurer, and the City's Planner Zack Johnson from their memo's submitted to the City. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PRELIMINARY PLAT FOR WILDERNESS ACRES BE APPROVED WITH THE CONDITION THAT THE INFORMATION FROM THE CITY'S ENGINEER AND CITY'S PLANNER BE COMPLIED WITH AND THAT AN EASEMENT BE LOOKED AT TO EXTEND ACROSS THE SOUTH END OF LOT 3, BLOCK 1 OF WILDERNESS ACRES. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. o c Elk River Planning Commission Minutes March 26, 1985 Page Three 6. Zone Change Request for Property located North of McDonalds/Public Hearing Mr. Gary Santwire was present and indicated that he was representing George Dietz and stated that he was requesting a zone change from R-lc/single family, to C-4 service commercial, for property located directly north of McDonalds on Dodge Avenue. Mr. Santwire indicated that the present zoning is R-lc, sewered and allows property owners to build within ten feet of the property line and six feet from the side yard. Mr. Santwire further indicated that the property has been assessed in the amount of an excess of $12,000 for street, sewer and water. Mr. Santwire further stated that there previously has been Planning Commission recommendation for approval of C-3a zoning. Mr. Santwire stated that what they want to do is to soften the zone and, therefore, they withdrew the C-3A zoning request and are requesting a C-4 zone. Mr. Santwire indicated that the City Planner and the City Staff had recommended that a C-4 zone is acceptable. Mr. Santwire further stated that he had contacted adjoining property owners regarding this situation and stated that he had not had any return phone calls about concerns in regards to working out a compromise. Mr. Santwire indicated that other than two homes, the next closest home would be 500 feet and would be buffered by thousands of trees. Mr. Santwire indicated that what he was requesting was reasonable use of the property under state and local laws and further stated that he believes what he is asking now is a reasonable request. Chairman Tralle opened the public hearing. Sherri Henneman, resident of Elk Hills, spoke on behalf of the residents and turned in a petition which requested consideration for continuation of the buffer zone between the residential and commercial area of the Elk Hills Area. Gary Santwire stated he felt the distance might qualify as a buffer zone and further stated he believes a buffer zone does exist because there are thousands of feet which buffer and hundreds of trees which buffer all the homes but a couple. Mr. Cliff Lundberg stated he felt a separate specific zone should be indicated. Mr. Lundberg had drafted a zone called an R-b residential buffer zone and stated that he felt it would not be too difficult to set up a new zone, because the City is always amending the zoning ordinance anyway. LaVonne Bellanger a resident of Elk Hill's Drive, questioned Mr. Santwire as to what he had up his sleeve in regards to what he intended to use the property for. Mr. Santwire indicated that he had stated that he had nothing up his sleeve but would like to put a protective covenant which would allow only the placement of a small office building on Parcel B. Sherri Henneman indicated that she was told a protective covenant could not be legally enforced by city government. Mr. Earl Hetrick indicated that he did not want the property rezoned because someone wants to make a lot of money at his expense. Mr. Dennis Carlson stated that he felt the zoning is for the purpose of protecting the property of land owners in the area. o c Elk River Planning Commission Minutes March 26, 1985 Page Four Commissioner Pearce stated that he felt the piece of land being zoned residential is unusable and that he like the protective covenant idea, if it were done through the City's Attorney. Commissioner Pearce further stated that he would not like to pursue Cliff Lundberg's residential buffer zone at the present because it would hold the property up too long. Discussion was held regarding the protective covenant and it was the consensus that a protective covenant could not be enforced by City Government. Commissioner Wille stated that he did not feel a C-4 zone would be appropriate for this property and further stated he felt a PUD zoning would be much more appropriate. Commissioner Wille stated he felt that he would like to request a denial of the C-4 zone and recommend that the council ~create a residential buffer zone for the property. Commissioner Fuchs stated that what the residents really want to know is what Gary Santwire intends to do with the property. Chairman Tralle closed the public hearing. COMMISS lONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE C-4 ZONE CHANGE REQUEST FOR PROPERTY LOCATED NORTH OF MCDONALDS. COMMISSIONER WILLE SECONDED TIlE MOTION. THE MOTION PASSED 5-0. Commissioner Fuchs stated that he was against the C-4 zone because a C-4 zone is too wide open and does not adequately protect residents in the area. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL TIlAT THE PROPERTY LOCATED NORTH OF MCDONALDS OWNED BY MR. GEORGE DIETZ BE REZONED FROM R-lC/SINGLE FAMILY RES- IDENTIAL TO A PUD. COMMISSIONER WILLE SECONDED THE MOTION. Discussion was held regarding the uses to be allowed in the PUD. Milo Hennemen indicated that he would like lot B to be an outlot because of the fact that it would curtail damage to his property as to the economic value. Gary Santwire stated that Parcel B will only be used for professional business offices or financial institutions. COMMISSIONER PEARCE MOVED TO AMEND THE PRECEDING MOTION TO INCLUDE THE FOLLOWING USES IN TIlE PUD: 1. PROFESSIONAL OFFICES AND BUSINESS OFFICES 2. BANK AND FINANCIAL INSTITUTIONS 3. RETAIL ESTABLISHMENTS 4. PERSONAL SERVICE ESTABLISHMENTS 5. ALL USES ALLOWED IN R-2B ZONING 6. MORTUARIES 7. DENTAL AND/OR MEDICAL CLINICS COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. c c Elk River Planning Commission Minutes March 26, 1985 Page Five 7. Concept Review for Amendment to Barthel Plaza Shopping Center Agreement Rick Breezee indicated that Barthel was present to request a concept review for an amendment to their shopping center development along Highway #169, known as Elk River Plaza. Dave Wolfe was present, representing Barthel and indicated that they were re- questing an amendment to Parcel F, and stated what was originally planned was 45,000 square feet for a retail center. Mr. Wolfe further explained that they would like to subdivide Parcel F into four lots which would be 1.31 acres, 1.36 acres, 1.59 acres and 1.42 acres. Mr. Wolfe indicated that the types of services they were looking at going into these lots would be Goodyear Tire Service Center, which would consist of a six bay tire and service center, an auto parts store, TV repair place, and possibly a Dunkin Donuts. Chairman Tralle indicated that he was against having the service station in that particular area because of the traffic it would generate, but felt that the other ideas presented would be acceptable to him. Discussion was held regarding a buffer zone and whether there would be adequate parking space if the lots were divided. It was the consensus of the Planning Commission members that they were in favor of the concept amendment for Parcel F presented by Barthel for the PUD area. 8. Consider Metal-Skinned Buildings and Veterinary Clinics Commissioner Wille stated that he was present at the March 18th City Council meeting and that one of the items presented was Floyd Elliott's conditional use permit request to construct a metal-skinned building on his property. Commissioner Wille further stated that the primary concern of the City Council was in regards to the setting of a precedent of people having two pole buildings instead of one, which was the case of Mr. Elliott. Commissioner Wille indicated that the City Council had suggested that the Planning Commission review the existing standards of the zoning ordinance regarding this matter. Rick Breezee stated that he would suggest if the area is zoned for agricultural and used for agricultural, then more than one agricultural building should be allowed on the property. Commissioners Pearce indicated that he felt this was too vague and wanted to know what was actually described as agricultural. Commissioner Pearce further indicated that he felt nothing should be considered agricultural unless it was more than ten acres. It was the consensus of the Planning Commission that one accessory structure can be allowed on property ten acres or less in size, and further that if the land is zoned agricultural and being used for agricultural purposes, then more than one accessory structure would be allowed, or up to 20% of lot coverage. o c Elk River Planning Commission Minutes March 26, 1985 Page Six Commissioner Wille indicated that the second item which the council referred back to the Planning Commission dealt with an ordinance amendment for veterinary clinics in R-lb zones. Commissioner Wille indicated that although the City Council did con- clude that it would be improper to allow an ordinance amendment for Veterinary Clinics in a R-lb areas because of future problems that may occur, they did recommend reviewal, by the Planning Commission, of the property along Highway #169 north of Elk Hills. Commissioner Wille indicated that the Council felt that the possible zoning designation such as C-3b for this area might be appropriate. Commissioner Temple indicated she felt that this was one corridor which Elk River had that was uncluttered by Billboards and commerical development, and would like to see it remain uncluttered. Commissioner Fuchs indicated that he did not like the idea of putting so much commercial property on Highway #169. Commissioner Wille indicated that he was against any spot zoning in the area and he was also against rezoning the property at the present time. Commissioner Pearce indicated that he could not see rezoning the property or spot zoning any of the property located on Highway #169 at the present time. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE AREA LOCATED ALONG HIGHWAY #169, NORTH OF ELK HILLS REMAIN AN R-lB ZONE.' COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-0. Commissioner Wille indicated his reasons for not changing the zoning in that area was because there is enough commercially zoned property in the City and also because anything different would be a spot zone. 9. Possible Location on Property Located on the West End of Town Rick Breezee indicated that a gentleman from Gonyea Real Estate had approached him about developing property located on Waco Street just North of Highway #10. Rick Breezee further indicated that this entire area is located in a flood plain, and because of that he had informed the real estate agent that due to the number of problems which had occurred in the past, the City would not look favorably in allowing a variance to develop this area into single family lots. Rick Breezee indicated that he and the agent had discussed the possibility of swapping land which would include the trading of the property on Waco Street, North of Highway #10 for the old city dump. Commissioner Fuchs indicated that he felt this area was in a flood plain and wanted to know that if it does flood every year, what would it cost the City to maintain it and clean it up every year. Rick Breezee indicated that this does not flood every year. Commissioner Temple indicated she felt it would be a good idea to swap the land, a ski hill would be a good idea for the old City dump site. Commissioner Tralle indicated he felt that the City should. explore what the options are. Much discussion was held regarding the possibility of using the land for a City Park; possibly a nature park. Elk River Planning Commission Minutes March 26, 1985 Page Seven COMMISSIONER WILLE MOVED' .TO RECOMMEND TO THE CITY COUNCIL THAT THE FEASIBILITY OF SWAPPING THE OLD CITY DUMP FOR PROPERTY LOCATED ON WACO STREET JUST NORTIl OF HIGHWAY fflO FROM GONYEA REAL ESTATE, BE LOOKED INTO WITH THE IDEA THAT THIS PROPERTY BE USED FOR A CITY PARK. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-0. 10. Administration Update A. Long Range Goals and Plannin~ Rick Breezee indicated that the land use should be looked at and reviewed by the Planning Commission. It was the consensus of the Planning Commission that this should be done at a special meeting because of the fact that there just was not enough time to do it at the regular Planning Commission meeting. A meeting date was set for April 30th, for the Planning Commission members to get together with Rick Breezee and Zack Johnson to discuss the land use. B. Custom Motor's Site o Rick Breezee indicated that the present zone for custom motors was not in accordance with the land use map and that this had to be looked at. It was the consensus of the Planning Commission members that this would be discussed at the April 30th special meeting. There being no further busines, COMMISSIONER TEMPLE MOVED TO ADJOURN THE MEETING. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 5-0. Meeting Adjourned at 10:00 p.m. Respectfully submitted, ~ Sandra Thackeray Planning COIT~ission Secretary o