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10-25-1983 PC MIN o o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 25, 1983 Members Present: Chairman Tracy, Commissioners Pearce, Ward, Tralle, and Wille Members Absent: Commissioners Oster and Hartman Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to order Chairman Tracy called the meeting or order at 7:30 p.m. 2. Consider minutes of September 27, 1983, Planning Commission Meeting Commissioner Tralle stated that the September 27th Planning Commission meeting was held at the County Administration Building, and not the public library. COMMISSIONER TRALLE MOVED TO APPROVE THE SEPTEMBER 27, 1983 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 3. Consider Agenda for the October 25, 1983 Planning Commission Meeting Rick Breezee, Building and Zoning Administrator, requested that the conditional use request by Robert Lehn, which is number 4 on the agenda, be moved to number 5 because of the fact that Robert Lehn would be attending the meeting, but would be a little late. There being no further corrections or additions to the October 25, 1983, Planning Commission Agenda, it was the consensus of the Planning Commission to approve the agenda as amended. 4. Consider Zone Change designation for area along Highway #10 east of town Gene Schuldt, City Council Member was present for this item. Rick Breezee indicated that on Tuesday, October 18, 1983, the Planning Commission and City Council met jointly as a workshop committee and discussed the possibility of creating a new zoning designation for areas that abut the City's major roadways. Rick Breezee further indicated that the outcome of this meeting was the creation of a new zone. Rick Breezee further indicated that the only area that was affected by this new zone was along Highway #10 to the east of the City of Elk River. Rick Breezee further indicated that there were many principal and conditional uses dis- cussed for the new zone. A list of these uses is attached to the memorandum from the Building and Zoning Administrator dated October 21, 1983. Councilmember Schuldt stated that he had some concerns regarding this matter, and indicated that he would like to address the Planning Commission. Councilmember Schuldt indicated that he felt the true reason for creating a new zoning designation for the area along Highway 10 to the east of the City of Elk River, was because of a zone change request by Mr. George Cowles for property he owns along Highway 10 to the east of the City, which is now zoned I-I Light Industrial. Mr. Cowles had o o o Planning Commission Minutes October 25, 1983 Page 'l'wo previously requested a zone change from I-I light industrial to C-3 highway com- mercial so that he could conduct a dry bar operation from this property. Council- member Schuldt indicated that this zone change was denied on the basis that it was being done to suit an individual. Councilmember Schuldt indicated that he felt the corridor coming into Elk River should be more attractive. Councilmember Schuldt further indicated that orderly growth and expansion for the entire City of Elk River is the reason for zoning. Councilmember Schuldt stated that he felt, that if a zone change was made for the benefit of one individual, and the zone change was approved, it would be detrimen- tal to the City's future. Councilmember Schuldt further indicated that once some- thing like this starts it would be difficult to stop it from happening again. Chairman Tracy indicated that he was in favor of keeping all the corridors coming into the city attractive, but that he was not if favor of a zone change for an individual request. Commissioner Pearce indicated that he agreed the City should not consider rezoning for one particular person, or to solve a particular problem. Commissioner Pearce further indicated he felt that along Highway #10 the needs should be relaxed. Commissioner Pearce indicated that he felt all the entry-ways into the City should be looked at. Commissioner Pearce further indicated that he felt the area along Highway #10, east of the City of Elk River, may not be developed for industrial purposes, but that commercial uses would go well in that area. Commissioner Pearce further indicated that he felt the method of growth should be controlled by sewer and water, and ,utilities, and further stated that big industrial plants need water and sewer facilities, but smaller industrial uses do not. Commissioner Pearce indicated that he felt the land would just sit for a long time before it would be developed as industrial, and felt that it would develop commercially with no problems. Chairman Tracy indicated that he felt the City should try to encourage commercial development in the Barthel PUD and the Barrington PUD, and further indicated that should the area along Highway #10 to the east of the City be zoned commercially, he felt commercial developers being located along that zone would take away from the development of the PUD's. Commissioner Ward questioned what possible type of commercial business could the City be looking at should the area along Highway 10, east of the City be rezoned. Commissioner Tralle indicated that he felt the area along Highway 10 to the east of the City was not an area for the commercial list, but felt there could be a home appliance store, truck terminal, etc. Commissioner Tralle further indicated that he does not believe the area should be a totally industrial area. Chairman Tracy indicated that he would vote against changing the zone along Highway 10, and also indicated that he did not feel he could make a recommendation to the City Council regarding the use list attached to the Building and Zoning Admin- istrator's memorandum of October 21, 1983. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE NEW ZONE DESIG- NATION TO THE EAST END OF HIGHWAY 10 NOT BE ALLOWED. COMMISSIONER WARD SECONDED THE MOTION. THE MOTION PASSEP 4-1. COMMISSIONER PEARCE VOTED AGAINST THE MOTION. c o o Planning Commission Minutes October 25, 1983 Page Three Rick Breezee, Building and Zoning Administrator indicated to the Planning Commis- sionersthat the Custom Motors location on the west end of the City along Highway #10 was also discussed at the Joint Planning Commission and City Council Meeting held October 18, 1983. Rick Breezee, further indicated that both the Planning Commission and the Council had shown concern regarding the site, and that at the Tuesday night meeting, all those present believed that it would be best for the City overall, if this area was zoned back to residential. Rick Breezee further indicated that by rezoning this area from 1-1 to R-lb single family, a non-con- forming status would be given to the Custom Motors Junkyard and that the amor- tization period for this type of use would be five years maximum. Commissioner Wille indicated to the Planning Commission members that other sites in the area were also brought up at the joint meeting, and not just Custom Motors. Commissioner Tralle questioned what conditions were required for a conditional use permit. Mr. Breezee indicated that the only conditions for the conditional use permit required for Custom Motors were plantings and screening. Mr. Breezee in- dicated that we must look at the zoning question and the long range presentation as a whole. Chairman Tracy indicated that he felt that the I-I zone should not be in that area according to the land use map. Commissioner Pearce indicated that he felt the area was not an appropriate place for an 1-1 zone. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE AREA ALONG THE WEST END OF THE CITY ON HIGHWAY #10 NOW ZONED I-I BE REZONED TO R-lB AND THAT BECAUSE CUSTOM MOTORS WOULD THEN BE GIVEN A NON-CONFORMING USE STATUS, THE AMOR- TIZATION PERIOD SHOULD BE AT LEAST 10 YEARS. COMMISSIONER TRALLE SECONDED THE MOTION. Commissioner Pearce indicated that he felt if Custom Motors were allowed to stay in the area, arrangements should be made for plantings and barriers. Commissioner Wille indicated that he had an objection to the motion because of the 10 year amortization period. Commissioner Wille further indicated that he felt that a workable agreement should be made between the City and Custom Motors regarding the time period. COMMISSIONER PEARCE MOVED TO AMEND THE PREVIOUS MOTION TO READ THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL THAT THE AREA ALONG THE WEST END OF THE CITY ON HIGHWAY #10 NOW ZONED 1-1 BE REZONED TO R-1B AND THAT BECAUSE CUSTOM MOTORS WOULD THEN BE GIVEN A NON-CONFORMING USE STATUS, THE AMORTIZATION PERIOD BE FIVE TO TEN YEARS WITH NEGOTIATIONS DONE BETWEEN THE CITY AND CUSTOM MOTORS. COMMISSIONER TRALLE SECONDED THE MOTION. THE AMENDMENT TO THE MOTION PASSED 5-0. THE MOTION AS AMENDED PASSED 5-0. 5. Conditional Use Request by Robert Lehn Mr. Breezee indicated that Mr. Robert Lehn of 21019 York Street NW, Elk River has requested a conditional use permit to construct a 4 unit townhome project at 348 Holt Avenue. Mr. Breezee further indicated that R-3 townhouse and R-4 multiple family use designations are allowed in the C-4 zone area only as a Conditional use. o o c Planning Commission Minutes October 25, 1983 Page Four Mr. Robert Lehn was present for this request. Mr. Bob Lehn indicated to the Planning Commissioners that he was proposing to construct a 4 unit townhouse pro- ject at 348 Holt Avenue mainly for elderly people. He further indicated that he felt this area was appropriate because of the distance to town and the surrounding stores so that the elderly people could get around easily. Mr. Breezee indicated that he spoke to Mr. Zack Johnson, City Planner, and that Mr. Johnson indicated that the land use for the area in question is MR Medium Residential. Mr. Breezee further indicated that Mr. Johnson informed him that medium density residential runs through the proposed property and that MR only goes up to an R-3 designation. Mr. Breezee stated that under an R-3 designation the maximum density allowed is 12. Because Mr. Lehn has only .235 acres, his density figures out to be 2.82 units or approximately 3 maximum, as such, the staff believes that 4 density units are too aense. Mr. Breezee further indicated that another concern of Mr. Johnson's was that there is l6~ feet for the private drive, and that this is not wide enough for appropriate traffic flow and for turning into the garage. Commissioner Pearce questioned Mr. Bob Lehn if he would be willing to put a duplex in the area. Mr. Lehn indicated that he felt a duplex would not be economically feasible. COMMISSIONER PEARCE RECOMMENDED TO THE CITY COUNCIL THAT THEY APPROVE THE CONDITIONAL USE PERMIT FOR MR. ROBERT LEHN ON THE PROPERTY LOCATED AT 348 HOLT AVENUE, ON THE BASIS THAT IT CAN BE MADE TO CONFORM TO THE STANDARD l2DUPA (900.18) UNDER DlMEN- SIONA1..RESlJLATIONS FOR R-3 ZONE. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. THERE BEING NO FURTHER BUSINESS, COMMISSIONER PEARCE MOVED TO ADJOURN. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. The meeting adjourned at 9:15 p.m. Rick Breezee Building and Zoning Administrator RB:st