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08-23-1983 PC MIN o o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY AUGUST 23, 1983 MEMBERS PRESENT: Chairman Tracy, Commissioners Oster, Ward, Hartman, Pearce, and Wille MEMBERS ABSENT: Commissioner Tralle STAFF PRESENT: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:30 p.m. 2. Consider Minutes of July 26, 1983, Planning Commission Meeting COMMISSIONER PEARCE MOVED TO APPROVE THE JULY 26, 1983 PLANNING COMMISSION MIN- UTES. COMMISSIONER HARTMAN SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Agenda for August 23, 1983 Planning Commission Meeting Rick Breezee indicated that there would be two gentlemen coming in towards the end of the Planning Commission meeting to discuss a concept of a possible motel being built next to Jerry's Auto Sales on Highway #10, and would probably be put on next month's agenda for a conditional use permit. Rick Breezee also indicated that he also had a few other items he would like to discuss with the Planning Commission which could go under Adminstrative Update. It was the consensus of the Planning Commission to accept the agenda with the addi- tions made by Rick Breezee. 4. Dominic Gospodar - Preliminary Plat Approval - Public Hearing Mr. Dominic Gospodar, 2201 Third Avenue, Seattle, Washington, owns approximately 44 acres along Main Street near Gary Street and Lake Orono. Mr. Graydon Boeck, engineer, was present at the Planning Commission meeting representing Mr. Gospo- dar as his consultant. Mr. Boeck indicated that Mr. Gospodar is proposing to plat this 44 acres into 7 lots ranging in size from 4.40 acres to 14.75 acres and 4 outlots along Lake Orono. Rick Breezee indicated that the City is requesting a larger portion of property to be set aside for park property than the 10% required in the subdivision ord- inance. Rick Breezee indicated that the City presently owns approximately 7 acres of land near the County Fairgrounds and the County had agreed to buy this prop- erty from the City to use as part of their fairground complex. Rick Breezee further indicated that the City has requested from Mr. Gospodar to purchase the additional 6 to 7 acres from him for their park needs. Rick Breezee indicated that Mr. Gospodar will be selling Lot 6 to the County for their fairground needs, and the remaining 4 lots will be used or sold to private individuals and must be used for uses only allowed in a R-lb zone. o o o Planning Commission Minutes August 23, 1983 Page Two Mr. Boeck indicated that Mr. Gospodar has no intention of d~W1}9ping the prop- erty at this time. All he wants right not is preliminary plat approval. Chairman Tracy opened the public hearing. Mr. Tom Patterson questioned whether the City was going to acquire this land for sure or was this just speculation. Rick Breezee indicated that the City wants to purchase the 11 acres and will pursue this. Rick Breezee indicated that the ballfields being proposed for use of the proposed park would be unlighted ballfields, and there could not be any late night games. Rick Breezee further indicated that the reason for incorporating the ballfields in this area was becuase the City wants to expand and make this part of the City Park that is already at Lake Orono. Mr. Larry Stevens had a question about the easement going into the County Fair- grounds and was concerned that the surrounding residents would be taxed for this and also felt that if the easement went through, it would create a hazard for the children in the area. Rick Breezee indicated that it would be a Council action to vacate the easement. Mr. Irv Moldenhauer indicated that he did not develop the easement up to the property because he did not want a road in there, and because of traffic hazards and kids playing in the area. Mr. Moldenhauer also indicated that he was con~ cerned about what Gospodar's future plans for the property are. Mr. Grady Boeck indicated that Mr. Gospodar had no plans for developing whatso- ever. Rick Breezee indicated that if at some time, Mr. Gospodar would want to do anything other than what is allowed to the property, he would have to bring it to the Planning Commission and also would have to go through a public hearing process, so the people in the area would be aware of what is happening. A resident had a concern of what action would be needed if the property was to be rezoned. Chairman Tracy indicated that if the property was to be rezoned, that it would first go to Planning Commission and then to City Council. Mr. Dave Krocheck questioned whether the surrounding citizens could purchase the property if the lots are divided up. Rick Breezee indicated that Mr. Gospodar could do what he wanted with the property- he could Erell it or keep it as he wished. Mr. Krochek then asked what size the lots could be broken down to. Rick Breezee indicated that 1 acre would be the minimum size the lots could be broken down to. It was brought to the attention of the Planning Commission by some of the area residents that some of the residents were not notified of the public hearing. It was also specified that the property owners of Orono 2nd and 3rd Addition would like to be notified if the park property is acquired. o o o Planning Commiss~on Minutes August 23, 1983 Page Three Chairman Tracy closed the public hearing at this time. Commissioner Pearce questioned the reason for dividing lots 2, 3, and 4 the way they are. Mr. Boeck indicated that Mr. Gospodar wanted 5 acre parcels and that is the reason for dividing them as such. Chairman Tracy indicated that he had some doubts and concerns about the way the plat was laid out. He indicated that he felt some items were missing. Mr. Boeck indicated that all the requirements were met for a preliminary plat. Chairman Tracy questioned why there was no showing of topography lines, drainage and ease~ ments on the preliminary plat, and indicated that these were all required by City Ordinance for Preliminary Plat. Mr. Boeck indicated that it was requested.that these requirements be waived due to the fact that this property is not going to be developed. Gwen Smith questioned whether the propery could be subdivided. Commissioner Ward indicated that if the lots should be subdivided, it would have to go through an administrative subdivision procedure. COMMISSIONER HARTMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY ACCEPT THE PRELIMINARY PLAT OF MR.. DOMINIC GOSPODAR' S PROPERTY, .LOCATED AlIONG LAKE ORONO ,WITH THE STIPULATION THAT THE CITY OBTAIN THE 11.1 ACRE AREA BEING LOOKED AT FOR CITY PARK. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 4-2. COMMIS- SIONER WILLE AND CHAIRMAN TRACY VOTED AGAINST THE MOTION. 5. Jerry Franz - Request for Ordinance Interpretation for Use Within an 1-2 Zone Rick Breezee indicated that Mr. Jerry Franz is requesting to operate a radiator repair shop in Elk River along Highway IO on the eastern edge of town in the area previously owned and operated by Wand W Au~o Wrecking. Rick Breezee further in- dicated the property. that Mr. Franz is trying to buy is located in an I-l/Light Industrial zone, and that within this zone, auto repair is not allowed neither as a principal or conditional use. Mr. Jerry Franz was present at the Planning Commission meeting and indicated that the reason he is looking into buying this property is because he has to be out of the place he is now operating by September 16; although, he has been granted a month extension. Mr. Franz also indicated the reason he would like to stay ih Elk River is because his business is getting built up since he has been operating in this area for two years now. Mr. Franz also indicated that there is no other building available at this time for his kind of business which he can afford. Rick Breezee indicated that there were 3 possibilities regarding this matter: 1, The property could remain as it is presently zoned. 2. Zonecha~ge the area to C-3 to allow an automobile repair operation. 3. Amend the existing ordinance to allow automobile repair in an industrial zone. o o o Planning Commission Minutes August 23, 1983 Page Four Commissioner Hartman indicated that he would rather include this in the condition- al use definition, under 8e of the Ordinance which is a similar use within an industrial zone. General discussion was held regarding the type of operation Mr. Franz does. Mr. Franz indicated that he does radiator repair, and also automobile repair. Mr. Franz indicated that people bring their vehicles to him and leave them while he repairs them. Rick Breezee indicated that if Mr. Franz was allowed a conditional use in an I-I zone, he would have to put in a septic system, water, hard surface parking and driveway area, and must meet the building code requirements. COMMISSIONER PEARCE MOVED THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY COUN- CIL THAT THEY APPROV~ THE REQUEST FOR A CONDITIONAL USE TO BE INTERPRETED AS BEING ALLOWED AS A SIMILAR USE IN AN I-l ZONE FOR JERRY FRANZ'S OPERATION OF RADIATOR AND AUTOMOBILE REPAIR FOR THE PROPERTY ALONG HIGHWAY 10, WITH THE STIPULATION THAT THE NECESSARY BLACKTOPPING WILL BE DONE WITHIN ONE YEAR AND THAT A SITE BARRIER BE PLACED AROUND ALL VEHICLES AND MATERIALS STORED ON THE PROPERTY, AND THAT THE CONDITIONAL USE BE FOR TWO YEARS, COMMISSIONER HARTMAN SECONDED THE MOTION. THE MOTION WAS TIED 3-3. COMMISSIONERS WARD, WILLE AND CHAIRMAN TRACY VOTED AGAINST THE MOTION. 6. Ordinance Amendment Regarding R-2 Zone Designation Rick Breezee indicated that at the July 26th Planning Commission meeting, the Planning Commission reviewed an ordinance amendment regarding a revision to the R-2 zone designation. Rick Breezee further indicated that there were a number of concerns at this meeting relating to density designation and the Planning Commis- sion requested staff to investigate the possibility of having a R-2a and R-2b type of zone, and that by doing this, there would be a difference in the number of dwelling units per structure. Rick Breezee indicated that Mr. Zack Johnson, City Planner, had submitted two ordinance amendments: Ordinance 83-11, an Ordinance amending Section 900.12 and Ordinance 83-12 an Ordinance amending Section 900.18. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY ACCEPT ORD- INANCE 83-11, AN ORDINANCE AMENDING SECTION 900.12 - PRINCIPAL USE SETBACKS - OF THE CITY'S ZONING ORDINANCE, AND ORDINANCE 83-12, AN ORDINANCE AMENDING SECTION 900.18 - SCHEDULE OF DIMENSIONAL REGULATIONS OF THE CITY'S ZONING ORDINANCE. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 6-0. 7. Investigation of C~3 Zoning Along Highway 10 on Western Edge of Town Rick Breezee indicated that. Mr. Al Baumgartner was present at this meeting. Rick Breezee further indicated that Mr. Baumgartner had requested a zone change from R-lb/Single Family to C-3/Highway Commercial for property he was leasing from Donal Britt at 14061 Highway 10 about six weeks ago so he could operate a consign- ment operation at his home. Rick Breezee indicated that the Planning Commission o o o Planning Commission Minutes August 23, 1983 Page Five had denied Mr. Baumgartner's request because they considered it a spot zone, and the City Council also denied Mr. Baumgartners request; but felt that because of the service road along the area, they felt some invest~gation should be made regarding putting C-3 on that side of the area. Rick Breezee indicated that he talked to Zack Johnson, the City Planner, and indi- cated that Mr. Johnson had concerns regarding the stipulations put on the area along.the western edge of highway 10 that it not be developed until the adequate utilities were put out there, and also that Mr. Johnson had concerns with the floodplain in the area. Rick Breezee further indicated that Mr. Johnson's final recommendation was that the zone not be changed to C-3. Chairman Tracy had concerns about the number of homes which would become nonconform- ing in the R-lb area should the area be changed to C-3. Rick Breezee indicated that he was concerned with how much area is appropriate for C-3 zone, and how deep' should it be from the service road, and whether a zone change put more people in a nonconforming situation. Rick Breezee also indi- cated that this area is not serviced by sewer and water and that private systems may createa possible problem with contamination with the river if commercial de- velopment is allowed to happen. Commissioner Hartman indicated that he felt in Mr. Baumgartners situation, there would not be the problem as with other areas relating to sewer and contamination to the river. Chairman Tracy indicated that-he wuuld De opposed to the zone change. Commissioner Hartman indicated that it might be good to move the C~3 from the north side to the south side because of the access road, but that the only prob- lem would be the same stipulation regarding service would have to be applied, and Mr, Baumgartner probably could not afford these stipulations because the needed utility services would have to go under Highway 10. Commissioner Pearce indicated that he felt there should not be any more C-3 in the area and felt he would be more inclined to change the two existing C-3 areas to C-2. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL TO REZONE THE AREA SOUTH OF HIGHWAY 10 FROM THE EXISTING C-3 TO C-2, AND ALSO TO REZONE THE PROPERTY SOUTH OF HIGHWAY 10 AND WEST OF WACO STREET FROM C-3 TO R-lb. COMMISSIONER HARTMAN SECONDED THE MOTION. THE MOTION PASSED 6-0. It was the consensus of the Planning Commission that the area along Highway 10 on the Western edge of Elk River north of Highway 10 remain as R-lb/Single Family Residential and not be changed to C-3/Highway Commercial. o o o Planning Commission Minutes August 23, 1983 Page Six 8. Administrative Update A. Deerwood Subdivision John Oliver was present and indicated that he had some concerns regarding the stipulations relating to drainage easements on the lots in the Deerwood preliminary plat. Mr. Oliver indicated that if the drainage easements were eliminated, some of the lots would not meet the 2.5 acres minimum lot re- quirement. Rick Breezee indicated that the City Council recommended approving the Deer- wood preliminary plat with the stipulation that a certain percentage of each be buildable. Rick Breezee further indicated that Zack Johnson, City Plan- ner, felt the lots should be buildable up to 40%. Rick Breezee indicated that his main concerns were that the lots meet the required building setbacks and have the required area to install aseptic system. COMMISSIONER PEARCE. MOVED TO RECOMMEND TO THE CITY COUNCIL TO AMEND SECTION 900.06(38) - INTERPRETATION - OF THE CITYI.S ZONING ORDINANCE TO READ AS FOLLOWS: 38. LOT AREA. THE HORIZONTAL LAND AREA WITHIN THE LOT LINE, BUT NOT INCLUDING ANY LAND WITHIN A PUBLIC RIGHT-OF-WAY OR ANY AREA OCCUPIED BY WATER. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. B. Public Hearing Notices Rick Breezee indicated that due to the fact that there seems to always be some resident who does not get notified of a public hearing, the staff is looking at other ways of notifying the people. Rick Breezee indicated that Mr. John- son, City Planner, recommended to the City staff in a memo, that when a re- quest for public hearing notices come up, a 4 x 8 foot sign be placed on the property. Mr. Johnson also indicated that the City should purchase the mater- ial and make the signs, attach a fee to the "individual making the request, and give the sign to the developer to put up. General discussion was held regarding this matter. It was felt that a 4 x 8 foot sign was too large. No other decision was made regarding public hearing notices. Commissioner Ward volunteered to attend the September 19, 1983 City Council meeting. There being no further business, COMMISSIONER PEARCE MOVED TO ADJOURN. COMMISSIONER WARD SECONDED THE MOTION. THE MOTION PASSED 6-0. Respectfully submitted, Zoning Administrator RB:st:cl