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01-26-1983 PC MIN o MEMBERS PRESENT: ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 26, 1983 Chairman Tracy, Commissioners Pearce, Tralle, Oster, Hartman, Wille, and Ward STAFF PRESENT: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:35 p.m. 2. Agenda Item 4~ - Walter Piwowar, discussion regarding a zone change; Item 7E - Livestock on 5-acre lots per Commissioner Tralle's request; Item 7F - Powers and Duties; Item 7G - Nam~plates; Item 7H - Planning Commission Terms were all added to the January 26, 1983 Planning Commission Agenda. 3. Minutes of November 23, 1982 Planning Commission Meeting 04. MOTION BY COMMISSIONER HARTMAN, SECONDED BY COMMISSIONERTRALLE, TO ACCEPT THE MINUTES OF THE NOVEMBER 23, 1982 PLANNING COMMISSION MEETING AS PUBLISHED. THE MOTION PASSED 7-0. Consider Appointment of Planning Commission Chairman and Vice-Chairman MOTION BY COMMISSIONER PEAROE,SECONDED BY COMMISSIONER TRALLE, TO RECOMMEND MARTY TRACY REMAI~.tmAIRMAN OF THE 'ELK RIVER PLANNING COMMISSION. THE MOTION PASSED 6-0. MOTION BY COMMISSIONER HARTMAN, SECONDED BY COMMISSIONER WILLE, TO RECOMMEND JOHN PEARCE REMAIN AS VICE-CHAIRMAN OF THE ELK RIVER PLANNING COMMISSION. THE MOTION PASSED 6-0. 4~. Walter Piwowar Zone Change - Discussion Only Mr. Piwowar explained to the Planning Commission what he would like-to request at a future date. Mr. Piwowar indicated he would like to change an area from R-lc to R-3, two parcels; to construct a l2-unit dwelling. This area is between Upland and Tipton and north of Main Street. Rick Breezee indicated that this area was Medium Density Residential according to the Land Use Map. Mr. Piwowar indicated he also would like to move the house currently located at Tipton. This house was damaged by fire in 1982 and it was Mr. Piwowar's home. Mr. Piwowar indicated he would like to move this house to a piece of property he is in o o o o Planning CQmmi$sion Minutes January 26, 1983 Page Two the process of purchasing. It is located at 1870 Meadowvale Road in Elk River. This property would have to go through a zone change because Mr. Piwowar indicated he would like to turn the fire~damaged house, which would be moved onto the Meadow- vale property, into a multi-family dwelling unit. This area is presently zoned I-I and he would like to zone change it to R-3. The area in question lies north of Meadowvale and between McChensney's Industrial Park and Upland Avenue. Discussion followed regarding the rezoning of the area in question. Chairman Tracy indicated spot zoning should also be discussed. Mr. Piwowar indicated that the man who owns the property, Mr. Al Baumgartner, is planning to sell. Mr. Piwowar further indicated much would depend on the zone change. Rick Breezee indicated that the area was serviced by water and sewer. Mr. Piwowar indicated to the Planning Commission that the area where he would like to move the fire damaged home is more important at this time, than the area on Tipton. Chairman Tracy questioned, once it was rezoned, if anytning in that area would be- come nonconforming. Rick Breezee indicated that there would be no nonconforming uses if it was rezoned. Chairman Tracy then indicated that possibly a larger area should be looked at, not a small area. Chairman Wille indicated he felt what Mr. Piwowar was proposing would help the area, not be a detriment to it. Commissioner Tralle indicated he felt it was good that Mr. Piwowar came in prelimi- nary to applying officially for the zone change. Rick Breezee indicated again that this was only a discussion; no motion was needed. Chairman Tracy indicated Mr. Piwowar does not presently own the property in ques- tion by the McChesney Industrial Park. Chairman Tracy further indicated that only the owner of a piece of property can apply for a zone change. 5. Consider Frank Hasbrouck - Conditional Use Permit Chairman Tracy indicated Mr. Hasbrouck was not at the meeting. Therefore, the Plan- ning Commission has theoption of tabling this request until the February Planning Commission meeting. Commissioner Oster asked if anyone at the meeting knew how long the property in question had been used as a junkyard. The information was not available. Rick Breezee stated that the junk and salvage is continually growing and taking up more and more space. o o o Planning CQmmission Minutes January 26, 1983 Page Three Commissioner Tralle indicated this item should be. tabled. Commissioner Tralle further indicated this area was going to be considered for changing to an R-4 zune. If this happens, junkyards are not permitted. MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER PEARCE, TO TABLE THE CON- DITIONAL USE PERMIT REQUEST FOR FRANK HASBROUCK UNTIL THE FEBRUARY, 1983 PLANNING COMMISSION MEETING. THE MOTION PASSED 7-0. Chairman Tracy felt that if this was put to a vote t~night, he would have to vote no. Commissioner Pearce felt a decision should not be made without Mr. Hasbrouck being present. Commissioner Oster asked about licensing junkyards. Rick Breezee indicated that was the purpose of a conditional use permit and further indicated that if this was not heard by the Planning Commission within 60 days, it would automatically go to the City Council. 6. CONSIDER ORDINANCE AMENDMENTS Rick Breezee indicated that Section 1008.22 and 1008.26 of the Elk River City Code was being discussed tonight. Rick Breezee indicated Section 1008.22 concerned the paving of streets and Section 1008.26 concerned restrictions for filing and record- ing conveyances. Chairman Tracy indicated that he felt that the word "minimal" should be inserted in Ordinance 1008.22. Commissioner Hartman asked if the 9 ton requirement was an increase and Rick Breezee indicated that it was. Rick Breezee explained Section 1008.26 regarding restrictions on filing and record- ing conveyances. Rick Breezee further explained that the City Attorney would be sending an interpretation of this section. Commissioner Pearce inquired if this would indicate, regarding F, G, H (2), that a survey is not required. Rick Breezee indicated that anything larger than 5 acres, a survey is.not required and he further indicated that many lending institutions require a survey. Rick Bre- ezee further indicated why it was necessary to have a road abutting a piece of prop- erty. Commissioner Pearce inquired why a survey on smaller pieces of property was not re- quired. Commissioner Pearce felt it should be noted in the motion that smaller pieces of property be surveyed at least once. o 07. o Planning Commission Minutes January 26, 1983 Page Four MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER TRALLE, TO RECOMMEND TO THE CITY COUNCIL TO AMEND SECTION 1008.26, SECTION 2(F), TO INCLUDE THAT A "SURVEY BE REQUIRED ON ALL PROPERTY REGARDLESS OF SIZE". THE MOTION FAILED, 7-0. Commissioner Tralle asked Commissioner Pearce to explain his motion. Commissioner Hartman questioned the size of large parcels, and further inquired about the possible cost of the surveys. Commissioner Pearce felt a limit should be set, but 5 acres was too small. Com- missioner Pearce felt possibly 10 or 20 'acres was better. Commissioner Pearce in- dicated he did not like the motion as presented. Commissioner Hartman asked for clarification of the ordinance in question. Rick Breezee indicated that interpretation was needed from the City Attorney. MOTION BY COMMISSIONER WILLE, SECONDED BY COMMISSIONER HARTMAN, TO TABLE THE ENTIRE ORDINANCE BEFORE THE PLANNING COMMISSION UNTIL CLARIFICATION WAS RECEIVED BY THE CITY STAFF. THE MOTION PASSED 7-0. Administrator's Update A) Building Permit Report - 1982 Rick Breezee indicated that the Building Permit Report was prepared by the Inspection Department and that it was an information item only. H) Planning Commission Terms Rick Breezee explained that the City Council has indicated the length of term for the Planning Commission. The terms will expire as follows: Chairman Tracy Vice-Chairman Pearce Commissllioner Tralle Commissioner Wille Commissioner Oster Commissioner Hartman Commissioner Ward 12/31/85 12/31/83 12/31/83 12/31/85 12/31/84 12/3l/84 12/31/84 Commissioner Ward indicated that his address listed on the Staff Directory was incorrect. It should be 1200l Highland Road. F) Powers and Duties - Public Hearings Rick Breezee indicated that next month the Planning Commission must amend the section of the City Code pertaining to public hearings being held by the Plan- ning Commission. Rick Breezee further indicated it was the consensus of the p o o pla,nning Commission Minutes January 26, 1983 Page Five City Council to return public hearings for conditional use permits, zone changes, and variances to the Planning Commission. Commissioner Hartman asked what the public hearing meant. Rick Breezee stated that originally the Planning Commission held public hearings; but that the Council took over holding them. The City Council now feels the Planning Com- mission can handle the public hearings. Chairman Tracy indicated that everything the Planning Commission does would be handled through a public hearing. Chairman Tracy then explained the pub- lic hearing process. Commissioner Oster felt that could be costly. Commissioner Pearce indicated that the Planning Commission makes recommenda- tions that affect neighboring residents. Commissioner Pearce further indicated he felt the Planning Commission was operating in a "vacuum" when only a few people show up. Commissioner Pearce felt public hearings would not represent more of a financial problem. Chairman Tracy indicated he felt that the Planning Commission should hold pub- lic hearings. Commissioner Ward asked if public hearings would be held only at regularly scheduled meetings. Chairman Tracy indicated that yes, they would only be held at the regular monthly meeting. Rick Breezee discussed the cut-off day for accepting items for the Planning Commissio~~agenda. Consideration of public hearings would~ak~'a longer time then the three-day cut~off allows presently. Rick Breezee indicated that there would be a ten-day cut-off instead of the current three-day cut-off because public hearings must be published ten days prior to the public bearing and also residents must be notified ten days prior to the hearing. The unanimous vote requirement to add items to the agenda was also discussed. With the addition of public hearings for the Planning Commission mmetings, items could not be added to the agenda. They could only be added as items of dis- ucssion. 0) Nameplates Rick Breezee asked the Planning Commission what their feelings were regarding nameplates. It was the general consensus of the Planning Commission to have last names only on the nameplates. B) Conditional Use Permit Renewals Rick Breezee indicated a time limit had been placed on conditional use permits and further explained the process of conditional use permits. Rick Breezee then explained the conditional use permit that was issued for the Assembly of God Church for using a trailer as a temporary classroom. Rick Breezee indicated o c o Planning Commission Minutes January 26, 1,983 Page Six that at the. November, 1982 Planning Commission meeting, it was unanimously decided to deny renewal of the conditional use permit for the Assembly of God Church, and site the safety factor involved and also the fact that their addition was to have provided classrooms. Commissioner Tralle explained the safety of trailers. Commission Tralle in- dicated that the Assembly of God Church wanted it as a temporary means of a classroom and now it seems that they want it permanently. Rick Breezee asked the Planning Commission to reaffirm the denial. Commissioner Pearce indicated he was involved in the request when the Church first came in for the conditional use permit, and further indicated he was in concurrence with the way the Planning Commission dealt with this in November. Rick Breezee explained the definition of a temporary trailer as stated in the ordinance. It was the general feeling of the Planning Commission to deny the Conditional Use Permit for the Assemlby of God Church. Rick Breezee explained the mobile home on the property of Daniel Karst, Sr. which belongs to his son, Daniel Karst, Jr. Two years ago, Mr. Karst (Jr.) was issued a conditional use permit to have a mobile home on his father's proper- ty so that he could help with the farming. Commissioner Oster felt the City was "over-stepping our bounds" by checking into the occupation of people. Rick Breezee indicated that the legislature has stated that Cities can put limitations on mobile homes; the farming aspect in the ordinance was one of them. Commissioner Pearce indicated that if the person complys, we should not ques- tion it, and further felt he should be talked (Mr. Karst) to by Rick Breezee. Commissioner Pearce indicated that if, after Mr. Karst was written to, he did not contact the City, he should be denied. Commissioner Pearce felt this should be a judgement call on the part of Rick Breezee. Rick Breezee explained Section 138(H) (I) of the City Code. Chairman Tracy indicated he felt the main attempt of this ordinance was to help children and to proctect farmers. Commissioner Pearce felt Rick Breezee should talk to Daniel Karst and he also felt the size of the farm is important. Rick Breezee questioned if the size was only 10 acres, for example, and not farmed, would the Planning Commission renew the conditional use permit? o c o Planning Commission Minutes January 26, 1983 Page Seven Chairman Tracy and Commissioner Wille indicated that yes, it would. Chairman Tracy indicated he would like Rick Breezee to cross-reference con- ditional use permits for the members. C) Zoning Map and . Nonconforming Uses Rick Breezee discussed the zoning map and nonconforming uses and he indicated this was discussed at the workshop in December, 1982. Rick Breezee indicated this would be presented to the Planning Commission as a formal item at their February meeting. Commissioner Pearce felt Rick Breezee should check with Larry Morrell about the junk that has accumulated behind his building. It was the general consensus of the Planning 'Commission that this new zoning map will.- take care of most of the nonconforming uses. Rick Breezee indicated that C-4 is service establishments and that C-l does not allow service stations. Rick Breezee further explained principal uses. Discussion followed regarding the Chip Martin area. It was indicated that C-3 would be better than 1-2. Discussion followed regarding traffic problems with Hunts Feed and Mill. It was the general consensus of the Planning Commission, regarding Chip Martin's area, to run it through Zack Johnson. E) Livestock Problems Commissioner Tralle discussed the problems of residents that have 5 acres of land being over-run by livestock such as chickens, goats, etc... Rick Breezee indicated that some Cities deal with livestock as units. They are assigned a unit number in relation to their size and number of animals per lot/per acre. Commissioner Pearce indicated he felt it would be hard to do this in a farm area. Rick Breezee felt possibly the area should be zone changed. Heavenly Hills was one area in question. Commissioner Pearce indicated it might be necessary to regulate animals in residential areas but not in agricultural areas. Chairman Tracy asked Rick Breezee to come back to the Planning Commission with o o o Planning Commission Minutes January 26, 1983 Page Eight some ideas of how other cities deal with this problem. 8. Adjournment There being no further business, MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER TRALLE, TO ADJOURN THE MEETING. THE MOTION PASSED 7-0. Respectfully submitted, Rick Breezee Building and Zoning Administrator RB:c1