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03-27-1984 PC MIN o o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY MARCH 27, 1984 Members Present: Commissioners Pearce, Tralle, Oster, and Wille. - Members Absent: Chairman Tracy, Commissioners Hartman and Ward. Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Pearce called the meeting to order at 7:00. p.m. 2. Consider Agenda for the March 27, 1984 Planning Commission Meeting It was the consensus of the Planning Commission members to accept the agenda as amended. 3. Consider Minutes of the February 28, 1984, Planning Commission Meeting COMMISSIONER WILLE MOVED TO ACCEPT THE FEBRUARY 28, 1984 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Site Review of Prairie House Restaurant Rick Breezee, Building and Zoning Administrator indicated to the Planning Com- mission that the proposed Prairie House Restaurant would be a family style restaurant with no liquor being served, and would possibly be opened 24 hours per day. Rick Breezee further indicated that the restaurant would be located in the Barrington Place PUD across the street from Kentucky Fried Chicken. The Planning Commission Members reviewed the- site plan layout of the Prairie House Restaurant. Discussion was held regarding the possibility of either increasing the density of the landscaping, or the possibility of constructing a wood fence along the property line to the east so that future residential development, and also the Church would not be looking upon the rear of the structure, and the dumpster/trash removal and delivery areas. Discussion was also held regarding the possibility of adding additional green space to the parking lot which would break up the large mass of proposed black top area. Rick Breezee, Building and Zoning Administrator indicated that he had spoken to the contractor about these changes, and the contractor indicated to him that they would have no problems making the changes. Discussion was held regarding the reasoning behind such a large parking area. Rick Breezee indicated that the reason for this was that there are a lot of boats and campers traveling along Highway #10, during the camping season, and that with such a large parking area these boats and campers would be able to park and turn around easily. o o Planning Commission Minutes March 27, 1984 Page Two Discussion was held regarding signage. Rick Breezee indicated that he had spoken with the sign company who would be doing the sign work for the Prairie House Restaurant, which is Ace Sign Company of Rochester, Minnesota. Rick Breezee further indicated that the Ace Sign Company had indicated that they would conform with our existing sign ordinance, but that they had submitted no formal plans to the City as of yet. Chairman Pearce indicated that he felt fencing would be a better idea than landscaping along the east side of the building for aesthetic reasons. COMMISSIONER TRALLE MOVED THAT THE SITE PLAN FOR THE PRAIRIE HOUSE RESTAURANT TO BE LOCATED IN THE BARRINGTON PLACE PUD BE APPROVED AS SUBMITTED WITH THE EXCEPTION THAT THE SITE PLAN INCLUDE A FENCE ON THE SOUTH AND EAST SIDE. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Conditional Use Permit Request by Mr. Charles Gerber Chairman Pearce indicated that Mr. Charles Gerber who lives at 18568 l45th Street Northwest in Elk River, has requested a conditional use permit to allow a mobile home to be placed on his lot in Deerfield Estates while he builds a new home. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MR. CHARLES C. GERBER OF 18568 l45TH STREET NW, ELK RIVER, BE GRANTED A CONDITIONAL USE PERMIT TO ALLOW A MOBILE HOME TO BE PLACED ON HIS LOT WHICH IS LOT 3, BLOCK 1, DEERFIELD FIRST ADDITION FOR A PERIOD OF 6 MONTHS. GOMMISSIO~ER-OS~ER>SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Variance Request by Mr.George Cowles George Cowles was present for this item. Ron Black who is the legal representative for George Cowles indicated to the Planning Commissioners that what Mr. Cowles is proposing to do is to split .65 acres from his existing pro~erty, and in turn sell this land which has a vacant building on it to the Cedar Log Homes Operation. In order for Mr. Cowles to sell .65 acres, he has to request a variance from the minimum lot size which is one acre. Rick Breezee, Building and Zoning Administrator indicated to the Planning Commissioneti that there was a 17' easement located between the proposed property and the pro- perty south of it. Rick Breezee further indicated that he would recommend that this easement be moved to the south so that it is entirely located on the property where the south two buildings are constructed which would increase the requested property to .69 acres. Rick Breezee indicated that his reasoning for this was that it would leave 2.1 acres for the south two structures, and that if for some reason in the future, a request is made to split this property, it would still allow each structure the minimum of one acre of land, and in turn, no variance would have to be requested or granted. Mr. Cowles indicated that this could not be done because of the fact that there is a retaining wall on the property, and also that trucks and trailers use this easement and need the full amount of easement in order to turn into the property. Rick Breezee stated that he visited the site and could not understand why the easement could not be moved to the south. Mr. Breezee indicated that he felt this would probably help the deliveries of the trucks. Mr. Breezee further stated o o Planning Commission Minutes March 27, 1984 Page Three that a mlnlmum of 24' width is required for driveways and 17' does not meet these requirements. Mr. Ron Black indicated that the easement width and desig- nation can be worked out with the City Council during the administrative sub- division procedure. There was discussion held regarding the exact location of retaining walls and fences and if they had any interferance with truck traffic. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY GRANT GEORGE COWLES A VARIANCE REQUEST TO SPLIT OFF .65 ACRES FROM HIS EXISTING PROPERTY, AND THAT THERE BE A 22 FOOT EASEMENT LOCATED ON THE SOUTH PROPERTY TO THE OVERHEAD DOOR ON THE UPPER POLE BUILDING. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Ordinance Amendment to Allow Funeral Parlors Rick Breezee, Building and Zoning Administrator, indicated to the Planning Commissioners that recently there has been a great deal of inquiries about where within the City, funeral parlors can be located. Rick Breezee further indicated that at the present time furneral parlors are not mentioned anywhere in our existing ordinance. Rick Breezee recommended that this use be placed in R-3, R-4, and C-4 Zones as a conditional use. Rick Breezee further indicated that he had talked to the City Planner, Zack Johnson, and Zack Johnson had recommended that funeral parlors also be allowed in C-3a and C-3b districts in the City of Elk River. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL THAT FUNERAL PARLORS BE ALLOWED AS A PRINCIPAL USE IN C-3A AND C-3B ZONES AND THAT FUNERAL PARLORS BE ALLOWED AS A CONDITIONAL USE IN R-3, R....,4, AND C~4 ZONES. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Conditional Use Request by Gregory Knox Gregory Knox was present for this item. Mr. Gregory Knox who lives at 16931 Willemite Street, Anoka, Minnesota, indicated to the Planning Commission that he was requesting a conditional use to allow an agricultural pole barn to be constructed in Greenhead Acres 2nd Addition Sub- division. Mr. Knox indicated that he is interested in buying Lot 2, Block 2 of Greenhead acres Subdivision, and.that he would like to construct a 24' X 40' metal-skinned pole barn on his property which would be used to house horses. (Mr. Knox does not own the property, but is looking into buying if he is granted the Conditional Use Permit). Chairman Pearce indicated that he felt it should be indicated in the motion the kind of animals that should be kept in the pole barn and how many. Discussion was held on nuisance problems which could arise to adjoining property owners. Rick Breezee indicated that the City Code does regulate nuisance problems. o o Planning Commission Minutes March 27, 1984 Page Four COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MR. GREGORY KNOX OF 16931 WILLEMITE STREET, ANOKA, MN. BE GRANTED A CONDITIONAL USE PERMIT TO ALLOW HIM TO CONSTRUCT A METAL-SKINNED AGRICULTURAL BUILDING ON LOT 2, BLOCK 2, GREENHEAD ACRES SECOND ADDITION, AND THAT HE BE ALLOWED TO HOUSE A MAXIMUM OF THREE (3) HORSES IN THE BUILDING AND THAT NO OTHER TYPE OF ANIMALS BE ALLOWED, AND FURTHER THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION.PASSED 4-0. 9. Revision to Code Amendment Relating to Section 1302.16 of the Elk River City Code Rick Breezee, Building and Zoning Administrator, indicated that our City Code regulates what type of a unit charge the City would charge for a sewer hook up fee which is called a sac charge. Rick Breezee further indicated that what he was showing the Planning Commission was that day care centers and tennis courts were added to the previous list under Section 1302.16(3) of the City Code. Rick Breezee further indicated that this was just for the Planning Commissioner's reviewal. 10. Conditional Use Permit Request by the American Legion Mr. Ed Norrell, Chairman of the Building Committee for the American Legion was present. Commissioner Pearce indicated that the American Legion Club of Elk River was requesting a conditional use permit to expand their present operation located along Railroad Drive. Chairman Pearce further indicated that the American Legion Club falls in a C-4 Service Commercial District, and as such, under Section 900.16(7) of the Elk River Zoning Ordinance states that lodge and fraternal organizations are allowed, but only upon receiving a conditional use permit. Mr. Ed Norrell indicated that they would like to remodel the inside so as to better serve the community by enlarging their facility. Commissioner Tralle indicated that he would like to know if they would need extra parking spaces if they remodeled the legion. Rick Breezee indicated that according to the occupant load, they would need approximately 156 off-street parking stalls. Mrs. Lundemo indicated that she had talked to Mr. Jerry Hagen of Hagen's Super Valu and he had indicated that some agreement could be made to allow the American Legion to use the parking area directly behind the Legion Club. It was further indicated that the railroad owned property across from the legion, and that the Legion had contacted the Railroad to see about the possibility of them using the railroad property for excess parking. It was indicated that the Railroad company had declined the request. Rick Breezee indicated that he could contact the Railroad if needed and again try to see if there would be a possibility of the American Legion using that area for excess parking. Chairman Pearce questioned what would happen if Mr. Hagen would change his mind regarding the parking agreement, or new owners would take over and not allow the Legion to use the area for aprking. Rick Breezee indicated that if this should happen, the City would be made aware of the problem and at that time the American o o Planning Commission Minutes March 27, 1984 Page Five Legion would have to come back to the Planning Commission to review the conditional use to provide additional parking spaces. Rick Breezee stated that he would check with the City Administrator regarding this matter. Discussion was held regarding the lack of green space and landscaping on the American Legion Site. Rick Breezee, Building and Zoning Administrator indicated that to be consistent with previous requests for conditional use permits, he would recommend that the area be provided with some type of landscaping and green area so as to make the area more aesthetically pleasing to the City as a whole. He also stated that a plan showing such be done prior to the City Council review. Rick Breezee indicated that there was an area shown as space being used for curb and gutter and being maintained as City Boulevard area. Chairman Pearce indicated to the Planning Commission that he felt it would be a good suggestion if the American Legion would maintain the area as green space. Ed Norrell indicated that he was sure the American Legion would be more than glad to accept the' proposal that they maintain the area with green space. Chairman Pearce indicated that he felt the parking limitations were a problem and that the American Legion must face the problem. Ed Norrell indicated that he felt he did not think that at anyone given time there would ever be so many cars that they would run out of parking space. Commissioner Tralle indicated that he felt the idea of the American Legion maintaining the green space on the City boulevard was a good idea. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE AMERICAN LEGION CLUB OF ELK RIVER BE GRANTED A CONDITIONAL USE PERMIT TO EXPAND THEIR PRESENT OPERATION LOCATED ALONG RAILROAD DIRVE, AND THAT THE MINIMUM OFF-STREET PARKING REQUIREMENTS BE MET. COMMISSIONER OSTER SECONDED THE MOTION. "_THE MOTION PASSED 4~0. It was the consensus of the Planning Commission that a written agreement be obtained from Jerry Hagen allowing the American Legion to utilize part of the Hagen's Super Valu parking lot for American Legion Parking. 11. Ordinance Amendment Request by Bonnie Eckdahl Mr. and Mrs. Eckdahl and Mr. and Mrs. Kreuser were present for this item. John Fitzgerald, the legal representative for the Eckdahls and Kreusers approached the Planning Commission and explained to them that what the Eckdahls and Kreusers were looking into was a preschool, daycare center to be located off of Highway #10, in the George Cowles building. Mr. Fitzgerald indicated that this is an operation that would be totally professional and which is very much needed.in this community. Mr. Fitzgerald also indicated that it would be a licensed facility and totally controlled by the state. Rick Breezee, Building and Zoning Administrator indicated that the area for the requested preschool is now zoned C-3b and at the present time daycare facilities are not allowed as a principal or conditional use in this zone, so what the Eckdahls and Kreusers are looking at is an ordinance amendment to allow daycare/pre- school facilities in a C-3b zone. o o Planning Commission Minutes March 27, 1984 Page Six Commissioner Tralle indicated that he did not feel a daycare/preschool center was an appropriate use in a highway zone. Mr. Eckdahl indicated that he had checked with a number of realtors for this type of facility in the area, and had found that the problem is, is there's not an available facility for this type of operation in the Elk River area, and that for the Eckdahls and Kreusers to build a facility for this type of operation would._not be feasible. Much discussion was held regarding the compatibility of a daycare center located in a highway zone. It was the consensus of the Planning Commission that they did not feel a highway zone was appropriate for a daycare center because of the safety factor for the children, because of the type of traffic located in that particular zone, and also because if a daycare was allowed as a conditional use in a C-3b zone, the city would have to be open to allowing other daycare centers in C-3b zones. It was the feeling of the Planning Commission members that this type of operation is needed in the Elk River area, and they felt that the City should help the Eckdahls and Kreusers in finding a suitable location for this type of facility. Mr. Fitzgerald indicated to the Planning Commission that he did not agree with their reasoning that a highway zone was not safe for a daycare facility. Mr. Fitzgerald further indicated that the facility would be created to be a safe environment for children with fencing and constant supervision. Mrs. Eckdahl had indicated that she had checked with George Zabee of Independent School District 728 about using Lincoln School for their daycare facility, which is not being used at all. Mrs. Eckdahl indicated that Mr. George Zabee indicated to her that it just would not be feasible for her to use Lincoln School because of the high cost of heating the school. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE ORDINANCE AMENDMENT TO ALLOW DAY CARE FACILITIES IN A C-3B ZONE BECAUSE IT IS INCOMPATIBLE WITH THE EXISTING PRINCIPAL AND CONDITIONAL USES IN THE ZONE. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 4-0. A recommendation was made to the City Council by the Planning Commission that the need is recognized for daycare facilities in the Elk River Area and that the City should work with the Eckdahls and Kreusers in finding a location for this type of facility. 12. Use Interpretation for a C-l Zone Rick Breezee, Building and Zoning Administrator indicated that recently there has been a request to have ajazzercise, aerobic and exercise facility to be lo- cated in a C-l/downtown commercial area. He indicated that this would be located in the building between the Star News and the Security National Bank. Rick Breezee further indicated that presently in a C-l zoned area, personal service establishments are allowed as a principal use, and that an interpretation should be made whether or not this type of facility can be interpreted as a personal service establishment. Commissioner Pearce indicated that he had a concern with the noise that may be coming from the exercise classes. Commissioner Oster indicated that he had lived in the building in question and he felt that the music coming from the o Planning Commission Minutes March 27, 1984 Page Seven exercise class could not be as loud as the music coming from Dick's Main Tap. Rick Breezee indicated that if there was a problem with noise, the Noise Ordinance in the Elk River City Code would take care of the problem. Commissioner Wille indicated that he agreed with what Rick Breezee had stated. It was the consensus of the Planning Commission that a jazz-ercise, aerobic and exercise facility could be interpreted as a personal service establishment in a C-l zoned area. 13. Preliminary Plat request for Woodland Estates Dick Linaker was present for this item. Rick Breezee reviewed for the Planning Commission the status of Woodland Estates. Rick Breezee indicated that a couple of months ago, Woodland Estates was presented to the Planning Commission as a concept for a preliminary plat for property located east of 169 and north of Elk Hills. Rick Breezee further indicated that the City Staff had met with Woodland Estates Developers and explained to them that the area has been assessed for public sewer and falls within the sewer interceptor plans. Rick Breezee further indicated that the developers felt it was not feasible to furnish utilities to this area. Rick-Breezee indicated that the City had re- quired that the developers furnish data proving that this should not be done and that at a later date the developers met again with the City staff to review their findings. Rick Breezee indicated that the City Administrator had presented a letter to Mr. Dick Linaker relating the City's views on this item. The letter indicated that the City's views regarding sewer and water in the proposed area remain unchanged. The City Administrator further indicated in his letter to Mr. Linaker that they may want to look into the idea of a Planned Unit Development. Chairman Pearce indicated that he felt a PUD would be the way to go so that some parts of the land could be sewered and yet some of the hilly parts could remain unsewered. Mr. Dick Linaker indicated that he had just received the City Administrator's letter a few days ago and that they had not had time to study the idea of a PUD and indicated that he would like a 60 day continuance to have a change to study this proposal. Rick Breezee stated that a continua~ce of this length could not happen because items on the agenda automatically go to the City Council after a specified time. Mr. Linnaker then requested the withdrawal of the plat. 14. Joint Meeting of Planning Commission and City Council. It was the unanimous recommendation by the Planning Commission that the date set for a joint meeting of the Planning Commission and City Council of April 23rd at 7:30 p.m. was O.K. Rick Breezee indicated that the City Council stated that they would like to see a representative from the Planning Commission attend the third City Council Meeting of every month where the planning commission items are presented. Planning Commission Minutes March 27, 1984 Page Eight Commissioner Tralle and Chairman Pearce indicated that they would attend the April 16, 1984 Planning Commission Meeting. Rick Breezee indicated that he had had some requests regarding used car lots being included in C-3A zones. Presently allowed in a C-3A zone is new car, implement and marine sales. Rick Breezee indicated that he would like an interpretation from the Planning Commission as to whether or not used cars is included in this definition. It was the consensus of the Planning Commission that Used Cars be interpreted as being allowed in aC-3A zone. There being no further business, A MOTION WAS MADE BY COMMISSIONER OSTER AND SECONDED BY COMMISSIONER WILLE TO ADJORN THE PLANNING COMMISSION MEETING. The Planning Commission Meeting adjourned at 9:55 p.m. submitted, Zoning Administrator o M'st o