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03-22-1983 PC MIN o c c ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY MARCH 22, 1983 MEMBERS PRESENT: Chairman Tracy, Commissioners Pearce, Tralle, and Oster Commiss,ioner Ward arrived at 7 :45 p.m. MEMBERS ABSENT: Commissioners Hartman and Wille STAFF PRESENT: Rick Breezee, Building and Zoning Administrator and Phil Hals, Street Superintendent 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:35 p.m. 2. Consider Minutes of February 22, 1983 Planning Commission Meeting Chairman Tracy indicated that in the fifth paragraph of Item 10, it was written that he had voted "yes very reluctantly." Chairman Tracy stated that this was not ex- actly what he meant. He did not want it to sound so strong. CHAIRMA.N TRACY MADE A MOTION TO REMOVE THE WORDS "VERY RELUCTANTLY" FROM THE MINUTES OF THE FEBRUARY 22,1983 PLANNING COMMISSION MEETING, PARAGRAPH It5" ITEM no, RE.,., GARDING PUBLIC HEARINGS. THE MOTION WAS SECONDED BY COMMISSIONER PEARCE. THE MOTION PASSED 4-0. MOTION BY CHAIRMAN TRACY, SECONDED BY COMMISSIONER PEARCE, TO ACCEPT THE MINUTES OF THE FEBRUARY 22, 1983 PLANNING COMMISSION MEETING. THE MOTION PASSED 4-0. 3. Consider Agenda for the March 22, 1983 Planning Commission Meeting In view of the fact that two commissioners were not present, it was decided to table Item #9 regarding the Planning Commission holding public hearings. Commissioner Pearce suggested that this item should be postponed for one month. Commissioner Tralle indicated he would like to have a member of the City Councilor City staff present when this is discussed next month. It was the general consensus of the Planning Commission to table Item #9 and to accept the remainder of the agenda for the March 22, 1983 Planning Commission meeting. 4. Consider Brutger's Variance Request Rick Breezee indicated that the Brutger's Corporation was requ~r~ng a variance be- cause 3 of the 6 garage foundation walls encroached from 1" to 6" into the required setback and 3 of the 6 garage eaves encroached within the required setback also. o c o Planning Commission Minutes March 22, 1983 Page Two Commissioner Tralle asked how this could possibly happen. He questioned whether this could be a surveyor error or an error on the part of the Brutger's Corpor- ation. Mr. Johnson stated it was not the fault of the Brutger's Corporation. Rick Breezee stated that a difference in measurement could have been made just by having two different people surveying. The difference could be made by the dif- ference in the tape or other minor factors. Mr. Johnson agreed and indicated that if it was resurveyed, it could possibly come out with another measurement. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER TRALLE, TO ACCEPT THE VARIANCE REQUEST BY THE BRUTGER'S CORPORATION. THE MOTION PASSED 4-0. 5. ..,Consida: Site Review - McDonald's Restaurant Expansion Mr. Dick Engstrom was present from the McDonald's Corporation for this request:. Rick Breezee explained that McDonald's Corporation is planning to build an addi- tion to the front of their existing restaurant, and that they are adding addition- al parking stalls to their lot. Rick Breezee reviewed the landscape plan when the McDonald's building was first built. He then explained what would be elimi- nated to accommodate for the additional parking. He indicated his only concern was that the trees that are planted serve as a buffer area. He recommended that the plantings be replaced. Rick Breezee also stated that needle nearing trees would be disturbed and he would like to see them replaced along with the berm to the rear of the property. Commissioner Pearce questioned whether the parking on the north side of the building conformed with setbacks. Rick Breezee stated the parking did conform. Commissioner Ward questioned whether there was a requirement for additional park- ing spaces or whether McDonald's just saw the need to expand. Rick Breezee indicated that they only have to meet the minimum requirements. He also stated that the number of stalls far .~ceeds the requirements now; but that it is McDonald's choice to add additional parking. Chairman Tracy questioned if there was a need for more lighting. He expressed a concern that there was not ample lighting on the east side. Rick Breezee stated there is enough light and it meets the requirements. o o o Planning Commission Minutes March 22, 1983 Page 'l'hree Mr. Engstrom agreed with Mr. Breezee and also stated if there was a problem, he would light it for McDonald's sake. Mr. Engstrom indicated that the plan is going to be equal to or greater than the existing planting. He also stated that there would be a more solid buffering than what is already existing. MOTION BY COMMISSIONER OSTER, SECONDED BY COMMISSIONER PEARCE, THAT APPROVAL OF THE NEW SITE BE ACCEPTED WITH RESTORATION OF SITE PLAN, AND THAT A RECOMMENDATION BE MADE BY THE PLANNING COMMISSION THAT A BUILDING PERMIT BE ISSUED FOR EXPANSION OF THE BUILDING AND PARKING LOT, WITH THE STIPULATION THAT LANDSCAPING BE COMPLETED AS DISCUSSED. THE MOTION PASSED 5-0. 6. Zone Change Request - Elk River Lions Club Residents of the area involved with this zone change request were present for this item. They are: Howard Johnson, Debra Wolly, Sue Daleiden, and Richard Vagts. It was indicated that the Elk River Lions Club has requested a zone change for a piece of property they now own in Ridgewood East. Originally the site was intend- ed to be used as a park area. Commissioner Pearce questioned wh0 owned the land where the present Lions Park is located. Rick Breezee indicated the Lions Club owned it from what he was told by Mr. Wally Fox. Commissioner Pearce asked what access there would be to the park. Rick Breezee stated there presently exists two possibilities which are part of the property. One access would be from the end of 191st Lane which directly feeds the area and the other could possibly be from the westerly end of 19lst Avenue. There is an outlot here that the City would negotiate an agreement with the Lions Club to obtain. Howard Johnson, a resident of Ridgewood East, presented a petition with signatures regarding whether or not they wanted further expansion of multiple dwellings in the area. He -saUL. his concern was if rezoning started, would it continue and snowball. He stated the people do not want to see any further multiple expansion. They are afraid that once it starts, it will not stop. They do not want to see further mul- tiple dwellings. Sue Daleiden, a resident, stated approximately 95% of the people signed the petition and they lived in the immediate area. Commissioner Tralle questioned if there were any objections to duplexes in the area. Debra Wolly, a resident of the area, said she objects because they make open land more undesireable and there are already problems with the duplexes that are there. o o o Planning Commission Minutes March 22, 1983 Page Four Commissioner Ward stated that speed control signs and additional lighting would be needed because of additional traffic. Commissioner Tralle questioned if there were any speed bumps or yield signs now in the area. Howard Johnson stated there wasn't. Chairman Tracy asked if we need the additional density in the area. Howard Johnson indicated there was considerable areas already available for R-3. Rick Breezee questioned whether it would be practical, with schools on one end, and multiple density residential on two other sides of the property and to drive through a higher density zoned area to get to a bacically land-locked single family zoned area. Richard Vagts, a resident of Schoolview Addition, stated there were some single family dwellings there already. This is only on the south side. Commissioner Pearce indicated he could symp thize with the way the people feel and suggested taking a look at this on a bigger scale and include the area a little further north. Chairman Tracy indicated he would not like to see the area expand any further. He questioned whether the roads can handle any further expansion. MOTION BY COMMISSIONER OSTER, SECONDED BY COMMISSIONER WARD THAT THE ZONE CHANGE FOR THE ELK RIVER LIONS CLUB BE DENIED AT THIS TIME. THE MOTION PASSED 3-2, WITH COM- MISSIONER PEARCE AND CHAIRMA.N TRACY VOTING NO. It was agreed by the Planning Commission that the area should be looked at, concern- ing what the people have expressed. They would like to see staff present at the next Planning Commission meeting and discuss some type of plan that can be dis- cussed and worked on for the whole area. 7. Consider Private Road, Access, Maintenance Terry Maurer of Consulting Engineers Diversified and Phil Hals, Elk River Street Sup- erintendent, were present for this item. Rick Breezee stated that he had met previously with Mr. Maurer and Mr. Hals and dis- cussed existing problems of private roads. Mr. Hals presented a color coded map to the Commission members to point out where the problem areas were. He also stated that the City Council has approved a Capital Improvements Program. o o o Planning Commission Minutes March 22, 1983 Page Five Chairman Tracy asked if it was correct that several of these roads had been re- quested to be taken over by the City. Mr. Hals indicated this was true. Commissioner Tralle indicated that one of the main concerns is that people can't sell their homes because of the private roads and banks won't give loans for mortgaging or refinancing. Chairman Tracy questioned whether private roads can be built, and Rick Breezee in- dicated they could. Chairman Tracy indicated he would be opposed to private roads. Terry Maurer of ,CED stated he thought that should be the same as for public reads, as building. requirements for building private roads they would discourage much private road Commissioner Tralle agreed with Mr. Maurer. " Rick Breezee indicated if someone was on a private road, there is nothing in the ordinance saying he cannot issue a building permit. Section 1008.4 on building permits was read and discussed. Rick Breezee explained the Capital Improvements Program to the Commission. He ex- plained why Qnewas established. 8. Consider Interpretation of Ordinance Regarding Temporary Signs Rick Breezee stated that there was a problem in the City with temporary signs. A number of signs are located throughout the City and are done so without a permit or approval. Commissioner Ward asked for examples of these signs. Rick Breezee gave Beaudry Oil, Zero's Discount, Ak Sar Ben Gardens, as examples of portable signs located in the City. He also indicated it was the opinion of the Police Chief, Tom Zerwas, that the signs stick out by the curbs and could cause hazardous situations. Rick Breezee indicated that he agreed with the staff's recommendation that all tem- porary signs be allowed for only 10 days, 4 time per year. This time period would cover two weekends. Commissioner Tralle questioned if these signs being put up are originally for a temporary basis and are eventually turning into permanent signs. Rick Breezee stated this was true in many cases. Commissioner Tralle questioned if there is a fee for temporary signs. o Planning Commission Minutes March 22, 1983 Page Six Rick Breezee indicated there was a fee for temporary signs. He stated that many cities make fees so outrageous that people can't afford to put signs up, but that Elk River had an average fee of approximately $6 to $8. MOTION BY COMMISSIONER PEARCE, SECONDED BY CHAIRMAN TRACY THAT A RECOMMENDATION BE MADE TO THE CITY COUNCIL TO APPROVE THE INTERPRETATION IN THE SIGN REGULATIONS ORD- INANCE NUMBER 900.08. THE MOTION PASSED 5-0. 9. Consider Planning Commission Holding Public Hearings Since there were two absent Planning Commission members, this item was tabled until the next meeting in April. 10. Background Material Regarding Conditional Uses Rick Breezee stated that he had presented the Commission with a memo from the City Attorney's office dealing with conditional uses, both existing, and possibly future requests. He recommended that the Commission review this material and insert it in their Code Books for future reference. Chairman Tracy agreed with the recommendation. 011. Administrator's Update Rick Breezee informed the Commission that Mr. and Mrs. Roger Sherer live north of the Burlington Railroad tracks and,farm ,the area. They are presently in an in- dustrial zone. Mrs. Sherer wants to know if she could put a pole barn up for ag- ricultural purposes. It was decided that Mrs. Sherer be notified and be put on the next month's agenda. A. Land Use and Zoning Map Changes Rick Breezee presented the Commission with maps and asked them to review them. The zoning changes would be recommended at the next Planning Commission meeting. Mr. and Mrs. Axelson of Upland Avenue, the corner of Upland and Highway 10. They were concerned about zoning changes. Discussion was held and it was sug- gested that they come to next month's meeting. B. Progress regarding Frank Hasbrouck, W & W Auto Parts, and Gilbert Menkveld Mr. Frank Hasbrouck was present for this item. He stated that he could not have the area cleaned up by May 1 as was requested by staff. He indicated he would need 5-6 months or until mid-summer. o Commissioner Pearce stated the time limit should be looked at and that May 1 was to soon. o c o Planning Commission Minutes March 22, 1983 Page Seven Rick Breezee indicated to Mr. Hasbrouck to start to make an effort in cleaning up and then possibly an extension could be granted. Rick Breezee stated that the property of W & W Auto Body was now cleaned up. Rick Breezee also stated that the City Attorney has processed papers for a warrant for Gilbert Menkveld's arrest. C. Additional Help for Zoning Dept. (not an Administrator's Update Item - only added) Chairman Tracy indicated that because of all the junk and zoning problems, he would like to recommend to the Council ~that help be given to Rick Breezee to rectify these problems. The other Commissioners also agreed. 12. Adjournment There being no further business, MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMIS- SIONER TRALLE TO ADJOURN THE MEETING. THE MOTION PASSED 5;,;;0. The meeting adjourned at 10:00 p.m. submitted, Rick Breezee Building and Zoning Administrator RB : cml