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09-27-1983 PC MIN o MEmE~ ELK RIVER PLANNING COMMISSION MEETING HELD AT THE COUNTY COMMIBSI-ONElt'S' 'ROOM September 27, 1983 PRESENT: Chairman Tracy, Commissioners Ward, Tralle, Oster, and Commissioner Wille arrived at 7:40 p.m. MEMBERS ABSENT: Commissioners Pearce and Hartman STAFF PRESENT: Robert Middaugh, City Administrator 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:30 p.m. 2~ Consider Minutes of the August 23, 1983 Planning Commission Meeting COMMISSIONER TRALLE MOVED TO APPROVE THE AUGUST 23, 1983 PLANNING COMMISSION MINUTES. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Consider Agenda for Septmeber 27, 1983 Planning Commission Meeting There being no corrections or additions, the September 27, 1983 Planning Commission Agenda was approved by the consensus of the Planning Commission, as submitted, 4. Consider Conditional Use Request by John Emery o Mr. John Emery was present for this request. Chairman Tracy indicated that Mr. John Emery, who lives in Anoka, is presently pur- suing a piece of property located at 9971 Highway 10, in Elk River, and that he is requesting a conditional use permit to operate a junkyard business from that piece of property. Commissioner Ward indicated that he had some concerns with the six items that have to be justified before the granting of a conditional use permit, and he reviewed these items from Page 164 of the Elk River Zoning Ordinance. Commissioner Ward further indicated that he felt this type of business would impede the development of the area and also felt that this could cause traffic probelms off of Highway 10. Commissioner Ward further indicated that because this area is located on a major thoroughfare of the City, a junkyard would be unsightly for people coming into the City. Commissioner Tra1le indicated that he felt that because Elk River is in such a prime location, this type of business wbuld be detrimental to the visual aspect of the City. Commissioner Tralle further indicated that he agreed with Commissioner Ward. COMMISSIONERWARD-'MOVED !f0' RECOMMEND TO THE CITY COUNCIL THAT THEY DENY THE REQUEST BY MR. JOHN EMERY FOR A CONDITIONAL USE PERMIT FOR A JUNKYARD OPERATION TO BE LOCATED AT 9971 HIGHWAY 10, IN ELK RIVER. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. o 05. o o Planning Commission Minutes September 27, 1983 Page Two Consider Lot Area Definition Chairman Tracy indicated to the Commission that at the last Planning Commission meet- ing, they discussed what a minimum requirement for a lot should be with respect to building foundations, septic system installation, and open lot areas. Chairman Tracy further indicated that the Planning Commission recommended to the City Council that the area utilized for drainage run-off courses and areas that have water fre- quently on it, such as marshes, swamps, and wet lands, be part of the area lot definition. The City Administrator, Robert Middaugh, indicated that the problem first came up with the Deerfield Preliminary Plat Review. The City Administrator further indi- cated that the present definition of the lot area in the City Code states that no area used as water run-off courses, areas frequently under w~ter and areas tbat have public water such as lakes and rivers cannot be used as areas being computed for the minimum requirements for lots. The City Administrator indicated that in the Deer- field Plat, this would exclude a number of lots. The City Planner, Zack Johnson, indicated that density was the issue and the keeping of green spaces. Mr. Johnson questioned whether there was a concern of housing being too close together if a lot of land was under water and there was only a small amount of buildable land in certain areas. Mr. John Oliver, John Oliver and Associates, was present and indicated that he was representing Mr. Gerry Smith, the developer of Deerfield plat. Mr. Oliver stated that he felt the City should set some sort of minimum of high and dry contiguous land for a housing site. Mr. Oliver further indicated that he thought temporary water should be excluded from the lot area and further indicated that he thought it would be better to name a specific lot size for a building area. Mr. Bill Harju of the Sherburne County Conservation District Office was present at the meeting. Mr. Harju presented the Commission the definition of wetlands put out be the U.S. Fish and Wildlife Services. There are nine definitions and they are as follows: 1. Seasonally flooded basins or flats 2. In-land fresh meadows 3. In-land shallow fresh marshes 4. In-land deep fresh marshes 5. In-land open fresh water 6. Shrub swamps 7. Wooded swamps 8. Bogs 9. In-land saline flats Much discussion was held regarding these'definitions of wetlands and:what lot areas would be excluded. The concern of potholes in some of the land and these potholes would fi,t one of these 'definitions and therefore, not be eliminated in the lot area size. After much further discussion, it was felt that Number, 3, 4, and 5 would be used for the definition of lot area. c 06. o Planning Commission Minutes September 27, 1983 Page Three COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT LOT AREA BE DEFINED AS FOLLOWS: IN R-lA AND A-l ZONING DISTRICTS 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 OR ANY AREA ONE ACRE OR LARGER AND CLASSIFIED AS A U.S. FISH AND WILDLIFE SERVICE TYPE 3,4, or 5 WETLAND. IN ALL OTHER ZONING DISTRICTS, THE HORIZONTAL LAND AREA WITHIN THE LOT LINE, BUTNOT INCLUDING ANY LAND WITHIN A PUBLIC RIGHT-OF-WAY OR ANY AREA OCCUPIED BY WATER OR ANY AREA CLASSIFIED AS A U.S. FISH AND WILDLIFE SERVICE TYPE 3, 4, or 5 WETLAND. COMMISSIONER WARD SECONDED THE MOTION. THE MOTION PASSED 5-0. John Oliver questioned whether there were any other problems with the preliminary plat so that Mr. Smith could go ahead with his lots. John Oliver further indicated that time was very important at the present to Mr. Smith because the building season was so short. The City Administrator indicated to Mr. Oliver that final plat review would have to go first to the Planning Commission and then it would be reviewed by the City Council. After some discussion it was the consensus of the Planning Commission to hold a special meeting for the final plat review at the October 3rd, 1983 City Council meeting. This would be a joint meeting with the City Council and the Planning Commission; If there were not any problems, final approval could be given to Deerfield Acres Octo- ber 3, 1983. Consider Zone Change West of Highway 10 Chairman Tracy indicated that at the last Planning Commission meeting, the Planning Commission reviewed the entire area west 'of the City limits along Highway 10 and they recommended to the City Council a zone change from C-3/Highway Commercial to R-lb/Single Family Residential to be done for a piece of property west of Waco Street and south of Highway 10. Chairman Tracy further indicated that at the September 19 Council meeting, the Council heard from owners of the property who stated that they wanted the property to remain as C-3/Highway Commercial. The Council then recommended that the Planning Commission review this area again. Mr. Lloyd Anderson was present at the meeting and he stated that about three years ago, this piece of property was changed from R-lb to Commercial and now the proposal is to reverse what was done at that time. Mr. Anderson further stated that the prop- erty is on a four-lane highway and that commercial would be appropriate for that area. Mr. Anderson further stated that should the property be zoned R-lb, the max- imum number of homes that could be on the property would be one. Mr. Don Johnson was present at the meeting and indicated that he owned the piece of property in questions and he also indicated that at the time he bought the lot, it was zoned commercial and that he bought it with certain intentions in mind. Mr. Johnson further stated that he had been called by several people who would like to use the property for C-3 and that some of the uses he has been confronted with are roller rinks, used car lots, and garbage operations. Mr. Johnson further indicated that the reason he has not sold the property to any of these, is because he does not want to see this kind of usage in this area. Mr. Johnson further indicated that he would like to see something like a Tom Thumb or a convenience food operation in the area. c c o Planning Commission Minutes September 27, 1983 Page Four Commissioner Ward indicated that should the property be zoned C-4, these types of operations could go in there, and yet at the same time, such things as used car lots and garbage operations would not be allowed in the area. Further discussion was carried on regarding zoning the area to C-4. COMMISSIONER OSTER MOVED TO-RECOMMEND TO THE CITY COUNCIL TO REZONE THE AREA ALONG HIGHWAY 10 AND WEST OF WACO STREET FROM ITS EXISTING C-3 CLASSIFICATION TO C-4. COM- MISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 7. Review of Area Along Highway 10 East of the City Chairman Tracy indicated that at the last Planning Commission meeting, the Commission reviewed the area along Highway 10 and east of Waco Street and they recommended to the City Council to change the zone from C-3 to C-2. Chairman Tracy further indicated that at the September 19th Council meeting, the public hearing was held and after listening to the property owners, the Council decided that the Planning Commission should take another look at this item. Lloyd Anderson indicated that Mr. Tom Wilson was the owner of the property and that he was not present at the Planning Commission meeting, but that he had spoken to Mr. Wilson and that Mr. Wilson had stated that he did not object to the property being zoned C-4. General discussion was carried on regarding the zoning of the property to C-4. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PARCEL ALONG HIGHWAY 10 AND EAST OF WACO STREET PRESENTLY ZONED C-3, BE REZONED TO C-4. COMMIS- SIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. 8. Consider Ordinance Amendment to Section 900.16(8) of the Elk River Zoning Ordinance Chairman Tracy indicated that at the June 26, 1983 Planning Commission meeting, Mr. George Cowles requested a zone change for his property along Highway 10 east of the City which is now zoned I-l/Light Industrial to a C-3/Highway Commercial so that he could conduct a dry bar operation from his property. Chairman Tracy further indi- cated that the Planning Commission recommended denial of the zone change to the City Council. Chairman Tracy indicated that the City Council also denied the request; however, they recommended that the request be reviewed by the Planning Commission to allow this type of operation as a conditional use within an I-l/Industrial Zone. Chairman Tracy further indicated that the discussion would be on the Ordinance amend- ment only and not on the dry bar operation. Zack Johnson, the City Planner, indicated that the request was to include language that would include dry bar in the present zoning ordinance. Mr. Zack Johnson, the City Planner, indicated that eating and drinking facilities would also have to be included in the definition. Mr. Johnscnfurther indicated that he felt this type of facility did not meet the intent in an industrial zone. Mr. Johnson also indicated that there are areas in the community which will allow a dry bar operation. Mr. Johnson indicated that C-l, C-2, and C-4 zones will allow dry bars as permitted uses o c o Planning Commission Minutes September 27, 1983 Page Five and a C-3 and PUD would allow a dry bar as a conditional use. Mr. Johnson further indicated that if the dry bar would be allowed in an I~l/Light Industrial zone, the City would have a tough time restricting other similar uses in that area. Estelle Gunkel, City Council member, was present for this item and indicated that the City Council's intent was to allow a variety of recreational uses in the area and not just a dry bar. The City Administrator indicated that the staff does not feel it is appropriate to have commercial uses in an industrial zone. However, if the Commission does want to pursue this, they would have to add eating and drinking facilities in the defi- nition. Commissioner Tralle indicated that he did not think this type of facility belongs in an industrial zone because the fact that it is getting away from the original intent of the zoning of the area. Commissioner Tralle further indicated that he felt that they would be re-writing the zone for one person and he felt that this was not a property reason for changing the zone. Chairman Tracy indicated that he agreed witb Commissioner Tralle and he also felt that it was not in the best interest of the City to change the zone to commercial. Commissioner Oster indicated that he felt that a dry bar in that particular area would be much better than some of the permitted conditional uses such as a slaughter house. It was indicated by a resident that the area would not be just a dry bar, but a recre- ational hot spot. Commissioner Tralle indicated that he fully supports the idea of a dry bar and a fun spot for people to go without alchohol- but he still feels that by changing the zone, it would jeopardize the integrity of the ordinance. Estelle Gunkel, City Council member, indicated that she felt that one reason for not changing the zone was becuase of the feelings of satisfying the needs of one person. Councilmember Gunkel further stated that zones have been changed before to satisfy the needs of people. Councilmember Gunkel further indicated that an investigation has been made with other communities and it has been found that there is mixed uses in other areas and it has helped bring businesses into the communities. Council- member Gunkel further indicated that there were no other buildings available for a dry bar type of operation in the City of Elk River. Councilmember Gunkel further indicated that the building in questions has been empty for some time and it is empty because no one can rent it because of the zoning of the area; and therefore, the zoning of the area should be looked at. Councilmember Gunkel further indicated that Monticello and Blaine have industrial areas with commercial uses and there seems to be no problems with that. Councilmember Gunkel indicated that we should look at what kind of entryway we want into our City and also what kinds of businesses we expect to attract to that particular area of the City. Councilmember Gunkel further indicated that we have tried to be sensitive to builders and developers and there is a need to recognize that we should be sensitive to other situations also. Planning Commission Minutes September 27, 1983 Page Six c COMMISSOINER WARD MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE ORDINANCE AMENDMENT SECTION 900.16(8), THE ADDITION OF-EATING, DRINKING AND ENTERTAINMENT ES- TABLISHMENTS TO THE ELK RIVER ZONING ORDINANCE. COMMISSiONER TRALLE SECONDED THE MO- TION. THE MOTION PASSED 4~1, COMMISSIONER OSTER VOTING AGAINST. Councilmember Gunkel indicated that she would like to have a joint workshop with the City Council and the Planning Commission to further investigate the area east of the City for possible zoning changes. 9. Code Amendment to Section 1302.16 of the Elk River City Code The City Administrator indicated that under Section 1302.16 of the Elk River City Code, there are defined different types of occupancies that determine the use rate for the City's wastewater treatment plant and that while reviewing this section of the Code, the staff was made aware that a number of different occupancies was not included. The City Administrator further indicated that the list submitted to the Planning Commission and the Building and Zoning Administrator's memo, are the types of facilities that are being recommended to be added to the existing list. The City Administrator further indicated that the Planning Commission could look at this and that it was for there information and that it did not require any motion by the Plan- ning Commission. 10. Adjournment C. There being no further business, COMMISSIONER WILLE MOVED COMMISSIONER WARD SECONDED THE MOTION. THE MOTION PASSED Resnn .~~ TO ADJOURN THE MEETING. 5-0. Rick Breezee Building and Zoning Administrator RB: st:.cl o