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05-22-1984 PC MIN t) t) ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY MAY 22, 1984 Members Present: Chairman Tracy, Commissioners Tralle, Oster and Temple Members Absent: Commissioners Wille, Pearce and Hartman Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:00 p.m. 2. Consider Minutes of the April 24, 1984 Planning Commission Meeting COMMISSIONER TRALLE MOVED TO ACCEPT THE APRIL 24, 1984 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Consider Agenda for the May 22, 1984 Planning Commission Meeting It was the consensus of the Planning Commission Members to accept the agenda as amende d . 4. Presentation by Mr. Zack Johnson, City Planner Zack JohnsCln, the City Planner indicated to the Planning Commission that at various times in the past, it was mentioned that: a Transportation Development Plan should be looked into for the City of Elk River .Zack Johnson indicated that not having and not planning for major street corridors is the main reason for looking into a transportation development plan. Mr. Jim Johnson, a Transportation Planner from Consulting Engineers Diversified, was present, and explained in detail to the Planning Commission what exactly a transportation plan consisted of. Mr. Johnson explained how these street systems affect the mobility and traffic speed in the City. Mr. Johnson went on further to explain the deficiencies in the Elk River road systems. He explained that there was a lack of east and west corridors and also a lack of north, south corridors north of Highway tHo and west of the basic City area. Mr. Johnson explained that the natural barriers in planning the transportation system were the railroad, the Elk River, and the lakes from the dam. l.1 Mr. Johnson presented the Lakefield Transportation Plan to the Planning Commission and explained the plan to them. Mr. Johnson further indicated what the City might want to be looking at in the making of the plan. This could include bikeway systems, or school sidewalk systems. Rick Breezee, Building and Zoning Administrator questioned Mr. Johnson as to how important it was to design facilities and corridors for fire, police and ambulance. Mr. Johnson explained that when he was talking about mobility, it was not just for cars but also for fire trucks, ambulances and police protection. Chairman Tracy indicated that bike paths would be something the City should be looking into. t) t) o Elk River Planning Commission Minutes May 22, 1984 :Page Two Rick Breezee questioned the importance of curb and gutter. Mr. Johnson explained that curb was good for maintenance, especially when plowing, and that it also served as a mini barrier for blacktop mat, and as for the gutte~ the drainage would control errosion of the street. Commissioner Tralle indicated that he felt the transportation plan was very important. Rick Breezee indicated that it would be wise to use a transportation plan as a guide- line when reviewing preliminary plats. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE CITY DEVELOP A TRANSPORTATION PLAN FOR THE CITY OF ELK RIVER. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Assembly of God Conditional Use Permit Chairman Tracy indicated that the Assembly of God Church has requested a conditional use permit 'to construct a new church facility on a large piece of property in the Brentwood Subdivision. Present for this item were Dale Hamilton of Suburban Engineering, Dexter Mapson and Pastor James Hoogenboom. Commissioner Temple questioned whether the phasing system of the church has been prioritized. Dexter Mapson indicated that the first phase would begin now, and the second phase in three to five years. Mr. Mapson further indicated that the first phase would consist of the rectangle part of the large building. Rick Breezee questioned whether the Assembly of God would come back on a phasing situation if a conditional use permit were granted. Mr. Hamilton indicated that they would come back. Chairman Tracy indicated that he would be reluctant in granting a conditional use permit without seeing some specifics in the phasing of the building. Mr. Hamilton indicated that there was approximately 12,600 sq. feet of drainfield based on 7,300 gallons of use per day. Mr. Hamilton further indicated that snowmelt was the main problem at the present, but they felt that the drainage pond would be capable of handling the snowmelt. Mr. Hamilton indicated that the first phase of the plan, after completed, would seat-about 600 people, and that the parking lot would be done so as to accommodate the people. <(l:hairman Tracy questioned whether the parking lot would be blacktopped. Dexter Mapson indicated that there were plans for blacktopping the parking area in the future. Mr. Hamilton indicated that they are providing for a loading area for buses, and also an area for dumpsters. Mr. Hamilton further indicated that the drainage problem would have to be looked at and worked out when assurance of approval was more apparent. Lorna Wells from the audience, indicated that she lived at lot 2, block 6, Brentwood Subdivision, and stated that she did not think the facility will fit in the area, and also indicated that she had a concern with the traffic flow. Mr. Dexter Mapson indicated that they were building the church to enhance the area. Ms. Lorna Wells further indicated that she did not approve of the design of phase one. t) 06. Planning Commission Minutes May 22, 1984 Page Three Commissioner Temple indicated that she had no problem with the compatibility of a church in a residential area, but indicated that she was concerned about the' traffic, and also the appearance of the building and whether it would be com- patible with the homes in the area. Commissioner Tralle indicated that he had no problem with the compatibility of the church in the neighborhood, and further stated that he would like to see some conditions of approving the phases as they go in. Commissioner Oster questioned whether the architectural design of phase one was finalized. Dexter Mapson indicated that phase one was finalized, but that the next phase of the building would completely'hide or cover phase one. There was much discussion and many concerns about the architecture of the phase one part of the building. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A CONDITIONAL. USE PERMIT BE GRANTED FOR THE ASSEMBLY OF GOD TO' CONSTRUCT A NEW CHURCH FACILITY ON PROPERTY LOCATED IN BRENTWOOD SUBDIVISION WITH THE FOLLOWING CONDITIONS: 1. A DETAILED LANDSCAPING PLAN OF PHASE ONE TO CONSIST OF BUFFERING BETWEEN EXISTING USES ALONG THE PERIMITER AND THE INTERIOR.'PARKLNG LOT BE LAND- SCAPED. 2. THAT THE PLANNING COMMISSION REVIEW THE NEED FOR HARDSURFACED PARKING AT THE END OF A TWO YEAR PERIOD. 3. THAT A DETAILED COMPREHENSIVE DRAINAGE EASEMENT PLAN FOR THE ENTIRE AREA BE SUBMITTED. 4. THE EXISTING EIGHT LOTS TO BE CONSOLIDATED INTO TWO LOTS. 5. THAT THE BUILDING BE AESTHETICALLY COMPATIBLE WITH THE AREA. 6. TEMPORARY PARKING BE MORE ACCESSIBLE TO THE PHASE ONE BUILDING. 7. THAT THE PLANNING COMMISSION OBSERVE THE RIGHT TO APPROVE THE FINAL CONCEPT OF THE SIGN. 8. TRAFFIC CONDITIONS - ARE STREETS ADEQUATE TO ACCOMMODATE CHURCH TRAFFIC? 9. THAT THE PLANNING COMMISSION REVIEW PHASE ONE WHICH WILL CONSIST OF THE LAND- SCAPING PLAN, BUFFERING AND LIGHTING PLAN, AND EVERY PHASE AFTER. 10. THAT THERE BE NO NEED FOR A TIME PERIOD REVIEWAL OF THE CONDITIONAL USE PERMIT. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 4-0. Zone Change Request and Conditional Use Permit Request by Mr. George Dietz Chairman Tracy indicated that Mr. George Dietz was requesting a zone change from an R~lC/single family, to a C-3/Highway Commercial for the area directly north of t) o Planning Commission Minutes May 22, 1984 Page Four McDonalds Restaurant adjacent to Highway #169, and further indicated that Mr. Dietz was intending on putting a possible Food "nil Fuel Convenience Store, Laundro- mat, and Four-Stall Car Wash to be located on Dodge Avenue. Mr. Dick Engsted was present representing George Dietz. Chairman Tracy brought up the issue of the possible spot zoning that may be created. The question was asked as to what was being proposed for the adjacent property, north of the proposed site. Mr. Engsted stated that presently Mr. Dietz has no future::plans..cfor.that piece of property. Mr. Engsted further indicated that Mr. Middaugh told him that a phasing plan of each site of the Dietz property should be submitted instead of a concept of the entire area. Commissioner Tralle indicated that he had no problems in changing the zone to a C-3 because it was next to the PUD. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT .THE PARCEL OF PROPERTY OWNED BY MR. DIETZ AND LEGALLY DESCRIBED AS THE SOUTH 187.50 FEET OF .THE WEST 300.00 FEET OF THE NE~ OF SECTION 34, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, TOGETHER WITH THAT PART OF THE SOUTH 187.50 FEET OF THE NW~ OF THE NW~ OF SECTION 34 LYING EASTERLY OF THE EASTERLY LINE OF THE RIGHT-OF-WAY OF U.S. TRUNK HIGHWAY 11169, BE REZONED TO C-3A. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. The requirements for a conditional use permit were discussed. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT A CONDITIONAL USE PERMIT FOR MR. GEORGE DIETZ TO CONSTRPCT A FOOD "Nil FUEL CONVENIENCE STORE, LAUNDROMAT, AND FOUR-STALL CAR WASH TO BE LOCATED ON DODGE AVENUE CONTINGENT UPON THE FOLLOWING CONDITIONS: 1 . LIGHTING TO BE AWAY FROM THE RES IDENTIAL AREA. 2. PROPER LANDSCAPING AND BUFFERING ALONG THE NORTHERN EDGE. 3. ADDITIONAL BUFFERING ON THE EXTREME EDGE OF THE PROPERTY NEXT TO MCDONALDS. THIS BUFFER TO CONSIST OF A 6' HIGH CEDAR FENCE. 4. SIGN TO BE LEFT TO THE STAFF DISCRETION. 5. THAT THE TIME PERIOD BE ELIMINATED ON THE CONDITIONAL USE. 6. THAT THE CONDITIONAL USE BE CONTINGENT UPON ADEQUATE WATER AND SEWER FACILITIES AS APPROVED BY THE CITY'S ENGINEER. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Ordinance Use Interpretation by Mr. Larry Wolner Mr. Larry Wolner was present at the Planning Commission Meeting and explained that he would like to set up a roadside sales operation on the corner of Highway #10 and l67th Avenue Northwest to sell apples and produce in the summer and fall, o o Planning Commission Minutes May 22, 1984 Page Five shrubs in the spring, and Christmas trees in the winter. Mr. Wolner indicated that the structure would be a permanent structure. Mr. Wolner indicated that he was requesting that a produce market be interpreted as a convenience store in a C-3/Highway Commercial district. Discussion was held regarding an ordinance interpretation to include produce markets in a C-3/Highway Commercial district. It was the feeling of the Planning Commission members that if this were allowed as an ordinance interpretation, the City would have no control over what type of produce stands or markets which could be allowed in a C-3/Highway Commercial zone. Chairman Tracy indicated that he would feel more confident with a produce stand as a conditional use in a C-3 zone because of the fact that the City would have more control over this type of operation. Mr. Wolner indicated that he would like to go into business as soon as possible, this August if this were to be' po~sible, and that he would like to set up as a temporary basis this year as a roadside stand to determine what the market would be for his business. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A PRODUCE MARKET BE ADDED AS A CONDITIONAL USE IN A C-3NHIGHWAY COMMERCIAL ZONE. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Conditional Use Request by Mr. & Mrs. Paul Busch Chairman Tracy indicated that Mr. and Mrs. Elk River, has requested to place a mobile that is located in Section 6 of the City. for this item. Paul Busch who live at 620 7th Street, home structure on ten acres of land Mr. and Mrs, Paul Busch were present Mr. Busch indicated that they are planning to build and in the meantime would like to put a mobile home Busch further stated that it would be well kept up. land they are putting their mobile home on would be and that the parents farm the land. a home in one to two years, on ten acres of land. Mr. Mrs. Busch indicated that the Mr, Busch's Parents' land, Commissioner Temple questioned what would happen to the mobile home after their permanent home was built. Mrs. Busch indicated that they would sell the mobile home. Commissioner Tralle questioned whether the Busch's farmed the land. indicated that he did help his father out on the farm, and that was reasons for moving the mobile home on the farm. Mr. Busch one of the COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT A CONDITIONAL USE PERMIT TO MR. AND MRS. PAUL BUSCH OF 620 7TH STREET, ELK RIVER, TO PLACE A MOBILE HOME ON PROPERTY WHICH IS TEN ACRES LOCATED IN SECTION 6 OF THE CITY OF ELK RIVER, FOR TWO YEARS, WITH A ONE YEAR REVIEWAL 'BY THE PLANNING COMMISSION. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Ordinance Amendment and Variance Request by Mr. Pete Wuorio Mr. Ron West who is the builder for Mr. Pete Wuorio, was present at the Planning Commission Meeting. Mr. West indicated to the Planning Commission that Mr. Pete Wuorio owned Wuorio Auto/Truck Sales, and is located at 9619 Highway #10, and t) 010. Planning Commission Minutes May 22, 1984 Page Six indicated that he has requested an ordinance amendment to allow auto/truck sales and related repair in a C-3B/Highway Commercial Zone. Rick Breezee, Building and Zoning Administrator indicated that the reason Mr. Wuorio was requesting an ordinance amendment was that presently his property is a non-conforming use. Mr. Ron West indicated that what Mr. Wuorio would like to do is to add on to his present structure, and the addition would then be used to repair and clean his pre- sent and future cars and trucks. Mr. West further indicated that the parcel of land which Mr. Wuorio owns is located partly in the City of Ramsey and partly in the City of Elk River. Mr. West further indicated that there is a building already on the Elk River side of the parcel of property. Mr. West further indicated that the best way to do what Mr. Wuorio wants to do is to add. onto the existing structure which is a gas statio~, on the Elk River Side. Mr. West further indicated that on the Ramsey side the zoning in that area is B-1 which does allow automotive sales, service and repair. Mr. West further indicated that he had a letter from the City of Ramsey indicating such. Discussion was held whether or not an ordinance amendment should be made for this type of use. Commissioner Tralle indicated that this was the type of use that was discussed most when the zone change went into effect, and felt he could not vote for a zone change. Rick Breezee indicated that according to the City Code, Mr. Wuorio could be allowed to expand his nonconforming use up to 25% of its improvement value. Mr. West indicated that he would like to make it known to the City Council that his situation is unique in that his land is partly in Elk River, and partly in Ramsey, and also that Ramsey has sent a letter indicating the zoning is appropriate for this use. The commissioners reviewed the standards in Section 900.347 and agreed that Mr. Wuorio met all the standards. COMMISSIONER TRALLE RECOMMENDED TO THE CITY COUNCIL THAT MR. PETE WUORIO BE GRANTED A CONDITIONAL USE PERMIT TO ALLOW ALTERATIONS TO BE PERFORMED ON HIS EXISTING BUILDING LOCATED AT 9619 HIGHWAY 1110, ELK RIVER, UP TO 25% OF THE IMPROVEMENT VALUE OF THE BUILDING, AND THAT HE MEET THE CONDITIONS LISTED IN SECTION 900.34(b). CO~ISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. The Planning Commission then discussed a variance for a one foot setback. The variance standards in Section 900.38(5b) were discussed, and it was determined that Mr. Wuorio met all of the standards. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT A ONE FOOT SETBACK ON THE REAR PROPERTY LINE FOR MR. PETE WUORIO, LOCATED AT 9619 HIGHWAY #10, ELK RIVER. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 4-0. Ordinance Amendment relating to Public Hearings o Planning Commission Minutes May 22, 1984 Page Seven COMMISSIONER TRALLE MOVED TO TABLE ITEM #10 CONCERNING PUBLIC HEARINGS BECAUSE OF THE NUMBER OF MEMBERS ABSENT FROM THE MEETING. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. There being no further business, THE MOTION WAS MADE BY COMMISSIONER TRALLE AND SECONDED BY COMMISSIONER TEMPLE TO ADJOURN. THE MOTION PASSED 4-0. Meeting adjourned at 10:45 p.m. submitted, Zoning Administrator RB:st