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08-28-1984 PC MIN ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY AUGUST 28, 1984 Members Present: Commissioners Wille, Wilson, Temple, Oster, and Commissioner Tral1e as acting chairman Members Absent: Commissioner Pearce Staff Present: Rick Breezee, Building and Zoning Administrator, Bob Middaugh, City Administrator 1. Call meeting to Order Chairman Tral1e called the meeting to order at 7:00 p.m. COMMISSIONER WILLE MOVED TO ACCEPT JIM TRALLE AS ACTING CHAIRMAN FOR THE AUGUST 28, 1984 PLANNING COMMISSION MEETING. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 4-0. 2. Consider Agenda for the August 28, 1984 Planning Commission Meeting 03. COMMISSIONER WILLE MOVED TO ACCEPT THE AUGUST 28, 1984 PLANNING COMMISSION AGENDA AS SUBMITTED. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-0. Consider Minutes of the July 24, 1984 Planning Commission Meeting Chairman Tra11e indicated that he would like to make a correction to include that he was absent at the July 24, 1984 Planning Commission Meeting. COMMISSIONER WILSON MOVED TO ACCEPT THE JULY 24, 1984 PLANNING COMMISSION MINUTES AS CORRECTED. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 4. Consider Barthel PUD Conditional Use Permit Amendment - Public Hearing Mr. Ken Barthel and Skip Sorenson, Architect for Barthel were present at the meeting. Skip Sorenson is the architect working in the proposed multi-housing project on the intersection of Gates and School Street in the Barthel PUD. Mr. Sorenson indicated that they were before the Planning Commission for a final plat and site approval, approximately 8 months ago, for the first requested phase of the detached housing located on Parcel D. Mr. Sorenson indicated that the concept is the same but that the number of housing units has changed from 32 to 36 units. Mr. Sorenson further indicated that the density meets the zoning requirements of ten units per acre. Mr. Barthel indicated that they are lengthening the parcel to increase the density, which would be 310 feet by 506 feet. o Mr. Sorenson explained that the landscaping plan would be similar to the one proposed last year and that a tot lot and basketball court would be included. o o o Planning Commission Minutes August 28, 1984 Page Two Mr. Sorenson indicated that the tot lot would be a good size playground which would include slides, swings, and a wooden structure for children bo play on. There would be a 5 foot sidewalk all the way around the playground, and the middle would be filled with sand, and there would also be benches for parents or guardians to sit and watch the children play. Rick Breezee, Building and Zoning Administrator indicated that property is residential which makes the compatibility similar. further indicated that the original shopping center was closer it is now, and that the buffering seemed adequate. the adjoining Rick Breezee to Freeport than Chairman Tra11e opened the public hearing. No one appeared for or in opposition of the request. Chairman Tra11e closed the public hearing. General discussion was held regarding the entrance to the shopping center. Mr. Barthel indicated that the access openings are directly onto Gates Avenue. Discussion was held regarding whether or not the entrance should be staggered with the center or lined up across from one another. It was indicated that staggering would help aesthetically. COMMISSIONER OSTER MOVED TO ACCEPT THE BARTHEL PUD CONCEPT AS SUBMITTED AND THAT DETAILED LANDSCAPE BUFFER BE PLANTED TO HELP SCREEN THE PUD FROM NEARBY RESIDENTS, AND ALSO THAT THE FINAL PLAT FOR THE MULTI-FAMILY HOUSING BE APPROVED. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. Rick Breezee indicated that Mr. Barthel, of Barthel Realty and Construction was also requesting an amendment to his conditional use permit which was issued to him by the City to develop approximately 42 acres of land located south of School Street and west of Highway #169 into a Planned Unit Development. Rick Breezee indicated that the amendment that Mr. Barthel was requesting was to change the design layout of his shopping mall and to request permis.ion to construct a 6,000 to 8,000 square foot retail building (hardware store) away from his first phase shopping center structure. Rick Breezee further indicated that the actual square footage of the shopping center is not being changed but that the major change is that Parcel G is being subdivided into two pieces. Mr. Larson indicated that some berming would be constructed behind the shopping center and next to the highway for a screening effect. Chairman Tra11e questioned whether there would be any change in the parking with the addition of the hardware store. Mr. Ken Barthel indicated that he would meet all parking requirements. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO AMEND THE CONDITIONAL USE AS PREVIOUSLY ALLOWED TO ADD PARCEL G AND PARCEL LAS SHOWN ON THE SITE PLAN, AND TO INCLUDE PARCEL L WITH PARCEL A AS FIRST PHASE CONSTRUCTION. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. 5. Zone Change Request by Leo and Louis Polack from R-la, R-1b, and R-1c to PUD - Public Hearing Mr. Gary Roweeder representing the Polack's was present requesting a zone change. Rick Breezee, indicated that a number of months ago the Polack's had requested a o o Planning Commission Minutes August 28, 1984 Page Three zone change and preliminary plat approval for this same property located east of Highway #169 and north of Elk Hills subdivision. Rick Breezee further in- dicated that because the City had plans for a great deal of this property to be serviced by sewer and water, the Planning Commission and City Council denied the request. Mr. Roweeder indicated that the Po1acks are now returning to the Planning Commission to request that the area be rezoned to a PUD. Chairman Tra11e questioned what greater benefits would be received by having the area zoned PUD. Mr. Roweeder indicated that they would be able to preserve as much natural character of the site as possible, and with standard zoning, there must be lots of certain sizes, whereas. with a PUD the density can vary so as to preserve the natural area and flexibility to design according to the natural area and f1exibi1ity"to design according to the natural terrain. Chairman Tra11e opened the public hearing. No one appeared for or in opposition of the request. Chairman Tra11e closed the public hearing. Commissioner Temple questioned the type of housing that would go in the PUD. Mr. Roweeder indicated that the people would own their own homes, and that they would be like cluster homes. Commissioner Oster questioned how the rezoning of this property would fit in with the Capital Improvement Program. Bob Middaugh, City Administrator, indicated that it is consistent with the CIP. Commissioner Temple questioned how access to the area would be handled. Mr. Roweeder indicated that Elk Hills Drive would be the major entrance and hopefully there would also be an entrance off of #169. Rick Breezee, Building and Zoning Administrator indicated that the City Staff feels that rezoning the area to a PUD is the best way to handle the situation, because of the future plans for City sewer and water to service the area,' and because of the hilly terrain. Commissioner Oster indicated that he felt a PUD would be a benefit to the developer and also to the City of Elk River. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE POLACK PROPERTY LOCATED EAST OF HIGHWAY #169 AND NORTH OF ELK HILLS SUBDIVISION BE REZONED FROM R-1A, R-lB, AND R-lC, TO PUD. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-0. Rick Breezee, indicated that the Po1acks are also before the Planning Commission for a concept approval for their PUD. Mr. Roweeder reviewed the concept for the PUD with the Planning Commission members. Mr. Roweeder indicated that they would have three separate phases, and that the first phase would be broken down into five sections of about 40 units. Rick Breezee indicated that this is a large area with only one entrance, and that he would like to see two additional outlets to the subdivision for fire prevention purposes. o o Planning Commission Minutes August 28, 1984 Page Four COMMISSIONER WILLE MOVED TO APPROVE THE CONCEPT OF THE POLACK PUD AS SUBMITTED. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. Commissioner Wille stated that roads should be seriously looked at for fire entrances. 6. Consider Site Plan Review for Commercial Establishment for Barrington Place PUD Gary Santwire was present for this item. Mr. GarySantwire indicated that the developer is proposing a convenience store, an 1,800 square foot laundromat, and a 2,100 square foot four bay car wash on lot four of the Barrington Place PUD. Mr. Santwire indicated that green space on the rear edge of the property would increase to ten feet instead of five feet. Mr. Rick Breezee indicated that the site should be serviced by adequate sewer and water and also that a private road easement agreement be entered into with the property owner and the City. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE SITE PLAN FOR COMMERCIAL ESTABLISHMENT OF THE BARRINGTON PLACE PUD AS SUBMITTED BY THE STAFF WITH THE ELIMINATION OF FENCING AND WITH THE FOLLOWING ADDITIONAL REQUIREMENTS: 1. THERE BE TREE PLANTINGS IN THE REAR EAST CORNER OF THE PROPERTY. 2. THAT THE SITE BE SERVICED WITH ADEQUATE UTILITIES. 3. THAT A PRIVATE ROAD EASEMENT AGREEMENT BE ENTERED INTO WITH THE OWNER AND THE CITY . 4. THAT THERE BE ADEQUATE DRAINAGE. 5 . THAT ALL ROOF TOP EQUIPMENT BE FENCED. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-0. 7. Conditional Use Permit Request by Mr. Russell Welton - Public Hearing Mr. Russell Welton who lives at 13878 80th Street NE in Otsego Township was present. Mr. Welton indicated that he was requesting a conditional use permit to have a used car sales operation located at the Martin Plaza located on Highway #10 in Elk River. Mr. Welton indicated that he would like to be able to have up to three cars on his lot at anytime, and that he would like to stay in the bracket of $1,200 to $2,000 price range for his vehicles. Chairman Tra11e questioned whether Mr. Welton would need any signs. Mr. Welton indicated that he was not sure he would use signs or not. Chairman Tra11e opened the public hearing. Mr. John Schultz, resident of Elk River, indicated that he had purchased a car from Mr. Welton's car lot and that his car had gone bad the same day he had purchased it. Mr. Schultz further indicated that the owner of the car lot would not stand behind the car he had purchased. Mr. Welton indicated that there was o o Planning Commission Minutes August 28, 1984 Page Five another man also selling cars at the same spot he was and this man's name was Walter Reardon, and that he must have purchased the car from Walter Reardon and not himself. Mr. Larry Peterson, who lives south of Elk River indicated that he had bought a car from Russell Welton and had gotten a good deal from him. Mr. Peterson further indicated that he had become friends with Mr. Welton through his purchase of the vehicle. Mr. Wesley Hunt indicated that from the Highway to the railroad tracks there was only approximately 110 ft. and felt that there was not much room for Mr. Welton's vehicles after the right-of-way was taken into consideration. Mr. Hunt further indicated that he would like to keep the City looking decent. Chairman Tra1le closed the public hearing. Commissioner Oster indicated that he would not recommend a typical used car lot but that he does go along with Mr. Welton's concept. Commissioner Oster further indicated that he had a concern with how much area Mr. Welton actually did have because of setback requirements and the railroad right-of-way. Commissioner Oster indicated that he would like Mr. Welton to have some actual dimensions brought to the City Council to show that he does have enough room for his vehicles in that specific area. CHAIRMAN TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL. THAT A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF A MAXIMUM OF THREE USED VEHICLES ON THE WEST SIDE OF THE CHIP MARTIN PROPERTY ALONG HIGHWAY #10, FOR MR. RUSSELL WELTON OF 13878 80TH STREET N.E. IN OTSEGO TOWNSHIP, WITH THE FOLLOWING CONDITIONS: 1. THAT THE SIGNAGE CONFORMS TO THE EXISTING SIGN ORDINANCE. 2. NO ACCESSORY STRUCTURE OR EQUIPMENT TO BE ALLOWED ON THE SITE. 3. THAT THE SITE CONSIST OF NO MORE THAN 20 FEET BY 60 FEET FOR THE UTILIZATION OF A MAXIMUM OF. THREE CARS. COMMISSIONER WILLE SECONDED THE MOTION. Commissioner Wille indicated that he appreciates what Mr. Welton is trying to do but would have to vote against the conditional use because of the fact that he does not feel it is a proper location in the City of Elk River for any type of used car lots. Commissioner Oster indicated that the property cannot be used for anything else because of the size, and that this is one situation in which the property can be put to use. Chairman Tra1le indicated that in the past Zero's has been in the area, and a flea market, and further indicated that he agrees with Commissioner Oster that there is nothing else that the property can be used for. Chairman Tra11e further indicated that the land will end up just setting vacant, therefore the possibility of helping o o Planning Commission Minutes August 28, 1984 Page Six Mr. Welton to try something new should be looked at. THE MOTION FAILED 3-2. COMMISSIONERS WILSON, WILLE, AND TEMPLE VOTED AGAINST THE MOTION. 8. Variance Request by Michael O'Chocki - Public Hearing Mr. Michael O'Chocki who lives at 15463 89th Street in Otsego, Township was preserit and indicated that he was requesting a variance for a metal-skinned building to be located on property he owns at 10460 181st Street in Elk River. Mr. O'Chocki indicated that the exact distance that he is asking the variance for is 200' from a neighboring resident. Mi. O'chocki further indicated that he will be using the structure for storage of tractors and equipment and that no animals or livestock would be kept in the structure. Chairman Tra11e opened the public hearing. Mr. George Carlson, a neighbor of Mr. O'Chock's was present and questioned whether or not Mr. O'Chocki's building would be used for a machine shop. Mr, O'Chocki indicated that it would not be used for a machine shop, but for the storage of machines. Commissioner Wille indicated that he felt this was a standard type variance and that there would be no problems created with it. Chairman Tral1e closed the public hearing. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE REQUEST BY MR. MICHAEL O'CHOCKI OF 15463 89TH STREET N.E. IN OTSEGO, TOWNSHIP, BE APPROVED TO BUILD A METAL-SKINNED BUILDING FOR AGRICULTURAL PURPOSES ON PRO- PERTY LOCATED AT 10460 181ST STREET IN ELK RIVER, AND THAT THE BUILDING NOT BE USED FOR THE STORAGE OF LIVESTOCK. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 9. Variance Request by Mr. Ronald Langbehn - Public Hearing Mr. Ronald Langbehn of 10616 175th Ave. NW in Elk River was present to request a variance to the 600 foot setback for a metal-skinned pole building which he is building. Mr. Langbehn indicated that he was building a 26 x 52 foot pole building for the storage of hay and tractors and a small loafing area for livestock. Mr. Langbehn indicated that the pole building would be 200 feet from his neighbor's house (James Klein), and about 420 feet from his sister's house (Laurie Langbehn). Rick Breezee indicated that Mr. Klein and Ms. Laurie Langbehn had called the office and requested that it be stated in the minutes that they had no problem with Mr. Langbehn building his pole building. Chairman Tra1le opened the Public Hearing. No one appeared for or in opposition of the request. Chairman Tra11e closed the public hearing. Chairman Tra1le brought up the question of screening. Discussion was held regarding screening of the pole building. Mr. Langbehn indicated that he raised Beefa1o, and if he put any landscaping in, he was sure the beefa1owou1d eat it. The Planning Commissioners agreed that no landscaping was necessary in Mr. Langbehn's case. o Planning Commission Minutes August 28, 1984 Page Seven COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MR. LANGBEHN OF 10616 175TH AVENUE N.W. IN ELK RIVER, BE GRANTED A VARIANCE FOR A POLE BARN BUILDING HE INTENDS TO BUILD ON HIS PROPERTY. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-0. 10. F100dway Interpretation Rick Breezee, Building and Zoning Administrator indicated that Mr. and Mrs. Reuben Norling who own property on Yankton Avenue, had come about a year ago to request a building permit. Rick Breezee indicated that he had denied them the building permit because of the elevation of the property to the Elk River. Rick Breezee indicated that the elevation of the property was 882 feet, and that the actual flood elevation is 883 to 884 feet, whereas the Nor1ings were lower than the flood elevation, which is the reason for the denial of the building permit. Rick Breezee further indicated that Dale Ho1muth, who is the area regional Hydrologist from the Department of Natural Resources, agreed with his interpretation, however, the City map does not show this area to be flood plain. It was therefore, recommended by Dale Ho1muth that the City map be amended to show the area as flood fringe which would allow the Norling's to build with certain precautions. Chairman Tra11e indicated that the map should be amended so that nothing could be built in that area because of the possibility of flooding. CHAIRMAN TRALLE MOVED THAT THE AREA IN QUESTION ON THE CITY MAP BE INTERPRETED AS FLOOD WAY AND NOT FLOOD FRINGE. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. Chairman Tral1e indicated that due to the fact that they were short one person on the Planning Commission Board, the election of a new chairman for the Planning Commission would be held at the next Planning Commission Meeting in September. CHAIRMAN TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT RICK BREEZEE'S EFFORTS HAVE BEEN EXCEPTIONAL AND WERE BEYOND AND ABOVE THE CALL OF DUTY FOR SERVICE TO THE PLANNING COMMISSION, AND THAT HE WOULD LIKE TO SEE A LETTER PUT IN RICK BREEZEE'SPERSONNEL FILE AND KEPT IN THE OFFICE PERSONNEL RECORDS. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. There being no further business, COMMISSIONER WILLE MOVED THAT THE MEETING BE ADJOURNED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 5-0. Meeting adjourned at 10:30 p.m. Respectfully submitted, ~~ Sandy Thackeray Planning Commission Secretary