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11-22-1983 PC MIN o 04. o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY November 22. 1983 Members Present: Chairman Tracy. Commissioners Oster. Ward. Pearce and Hartman. Members Absent: Commissioners Wille and 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 the October 25, 1983 Planning Commission Meeting COMMISSIONER PEARCE MOVED TO APPROVE THE OCTOBER 25, 1983 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 3. Consider Agenda for the November 22, 1983, Planning Commission Meeting There being no corrections or additions, it was the consensus of the Planning Commission Members to accept the agenda as submitted. Consider Zimmerman Conditional Use Request Mr. Steve Zimmerman was present for this request. Chairman Tracy indicated that Mr. Steve Zimmerman, who lives at 21628 Vernon Street NW, Elk River, has applied for a conditional use permit to construct a metal-skinned pole barn building on his property. Chairman Tracy further indicated that Mr. Zimmerman's property is zoned A-l/Agricultural, and is located in Greenhead Third Subdivision. Mr. Zimmerman indicated that the reason for constructing the. agricultural building was for the keeping of horses. Mr. Rick Breezee. Planning and Building Administrator, indicated that originally, in the code. it was stated that no agricultural building shall be located within 600 feet of any neighboring residential home. however, because of areas such as Greenhead 1st, 2nd, and 3rd, which are platted subdivisions, this could not be met because of the smaller lots. Mr. Breezee further indicated that it was decided by the Planning Commission and the City Council, that the best way to handle these circumstances was as a con- ditional use, and therefore, the proper use for the property could be specified. Mr. Breezee further indicated that the City Staff had no problem with Mr. Zimmerman constructing an agricultural building on his lot to house horses. Commissioner Hartman questioned Mr. Zimmerman as to how many horses he would like to keep in the building. Mr. Zimmerman indicated that he felt there probably would be no more than three horses at one time. Chairman Tracy stated that he felt Mr. Zimmerman met the six standards requested for the granting of a conditional use permit. o 05. o Planning Commission Minutes November 22, 1983 Page Two Mr. Breezee indicated that Mr. Steve Zimmerman owned two lots and that the agri- cultural building was 25 feet from the lot line of the vacant lot which Mr. Zimmerman owned. and that if at some time Mr. Zimmerman should sell the lot, the person buying the lot would be made aware of the agricultural building and the setbacks. COMMISSIONER HARTMAN MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT THE CON~ DITIONAL USE REQUEST BY MR. STEVE ZIMMERMAN AT 21628 VERNON STREET NW, ELK RIVER, TO CONSTRUCT A METAL~SKINNED POLE BARN BUILDING ON SAID PROPERTY TO HOUSE NO MORE THAN 3 HORSES AND TO BE REVIEWED IN TWO YEARS. COMMISSIONER PEARCE SECONDED THE MOTION. Commissioner Ward questioned the limitation of three horses and felt that maybe at some time Mr. Zimmerman would want more than three horses. Mr. Zimmerman indicated that just to be on the safe side he would like the motion to read 5 horses instead of 3 horses. COMMISSIONER HARTMAN MOVED TO AMEND THE PREVIOUS MOTION TO READ FIVE HORSES INSTEAD OF THREE HORSES. COMMISSIONER WARD SECONDED THE AMENDMENT. THE AMEND- MENT PASSED 5-0. THE MOTION AS AMENDED PASSED 5-0. Barthel PUD Concept presentation Mr. Rick Breezee indicated that the City Council and the Planning Commission had previously reviewed the preliminary plat and recommended approval for the Barthel PUD, and that the reason for the presentation tonight was because of two small changes in the original proposal. Mr. Dick Larson representing Mr. Ken Barthel of Barthel Realty and Construction Company. indicated that the main difference is in the layout of the shopping center from the original plan. He indicated that the layout was reversed from the original plan. Mr. Larson pointed out to the commissione~s that in Parcel "A" the shopping center, the building now abuts the highway 169, with parking area being constructed along the street right-of-way Parcel IlK". Mr. Larson indica.ted that by doing this there is more space between both the housing within the PUD project, and the res- idents further west, and that by having the center located as proposed also puts the rear of the building toward highway #169. Mr. Larson indicated that by doing this, truck deliveries and trash removal areas are also located further away from the residents and this would cut down both on visual and noise problems. There was some concern about the buffering and the berming of the area. It was indicated by Mr. Barthel that the same buffering and berming planned for the previous proposal would be done should this proposal be accepted by the City. Commissioner Pearce felt the new drawing made more sense the way it is now than did the previous proposal. Chairman Tracy's only concern was that the back of the building be maintained because there is a lot of traffic going along the highway. Mr. Barthel again stated that there would be buffering along that area. Commissioner Oster felt that this new concept was an improvement over the old one. o 06. o Planning Commission Minutes November 22. 1983 Page Three COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE NEW CONCEPT PRESENTATION SUBMITTED FOR THE BARTHEL PUD FOR THE CHANGE IN PARCEL '~" BE ACCEPTED AS PRESENTED. COMMISSIONER HARTMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. COMMISSIONER WARD ABSTAINED. Mr. Larson indicated to the commissioners that the other change taking place was in Parcel "D" which was redesigned to show some different forms of housing and a slightly different number of units. Mr. Larson indicated that these units will consist of 4 buildings, with 3 of the buildings having 8 rental units and the 4th building having nine units, and that 2 of these units would be handicapped units. Mr. Larson further indicated that there would be 16 detached garages. Mr. Rick Breezee indicated that the main concern of the City Staff was that there be plenty of green space, there be sufficient off-street parking, and that the setbacks be appropriate. Commissioner Hartman indicated that he sees no objections to this part of the layout. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE BARTHEL PUD CONCEPT PRESENTATION IN PARCEL D BE ACCEPTED AS PRESENTED. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5-0. Gospodar Preliminary Plat Amendment Mr. Rick Breezee indicated that the initial preliminary plat has mostly remained unchanged, and that what Mr. Gospodar was proposing to amend was the number of possible building sites which could abut upon Lake Orono. Mr. Breezee further indicated that the reason for the change was that if city sewer and water, and utilities ever served the area, the lot sizes should be reduced in order that the people would be able to afford these services. Mr. Breezee indicated that this change would not be a zone change and that the area would still remain single- family. Mr. Grady Boeck indicated that they are proposing to move Main Street approximately 80 feet to the south which will provide for nine single family lots abutting Lake Orono. Mr. Grady Boeck further indicated that the reason for moving the roadway was to gain more frontage and to get more lots on the lake. He felt it would make a more viable project for the City and the landowner, and also that the lot owner would have 85 feet to pay for instead of 300 feet for sewer, water, utilities, and roadway. Mr. Boeck indicated that the problem without moving the street to the south was that they could not meet the requirements set by the City or the DNR regarding the setback from the street or the setback from the lake. General dis- cussion was held regarding the DNR's and the City's setback requirements. Mr. Boeck indicated that he felt the amended plat would provide and comply with all the requirements of the DNR and the City. Chairman Tracy questioned whether the minimum requirements would be met by the DNR. Mr. Rick Breezee indicated that he had checked with the DNR, and the mlnlmum requirements would be met. Mr. Breezee further indicated that the only problem right now was that these lots could not be platted because there was no city sewer or water in the area now. and that if the plat was approved as shown, Mr. Boeck would have to come in and show the plat to the Planning Commission and City Council. Planning Commission November 22. 1983 Page Four o o o Minutes Commissioner Pearce indicated that he felt the new concept was much better the previous concept for the Gospodar preliminary plat. than COMMISSIONER WARD MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY APPROVE THE AMENDMENT TO THE GOSPODAR PRELIMINARY PLAT. COMMISSIONER HARTMAN SECONDED THE MOTION. THE MOTION PASSED 4~0. CHAIRMAN TRACY ABSTAINED. 7. Woodland Estates Subdivision Concept Mr. Leo and Lewis Polack were present for this item. Mr. Breezee indicated that the proposed subdivision, Woodland Estates, is located just north of Elk Hills, and east of Highway #169. Mr. Polack presented the Woodland Estates subdivision concept to the Planning Commission members and indicated that originally there was anticipated to be over 100 lots in the subdivision. and that at the present time 82 lots was considered the maximum they could get in the subdivision because of the hilly terrain. Mr. Polack indicated that he was interested in preserving the aesthetic value of the area and that the trees and hills are what appeal to the people. Mr. Polack further indicated that if there were more lots in the area it would make the costs higher because of the cost of roads. Mr. Polack further indicated that he would like it known that they were not asking for any City financing for the project. Commissioner Pearce questioned how the roads would run in the subdivision. Mr. John Oliver indicated that highway #169, Elk Hills Drive, Dodge Street, and Elk Land would be access roads. General discussion was held regarding access roads to the subdivision. John Oliver indicated that the west 40 acres of the subdivison is zoned for 2~ acre lots and the future developers would like to see this zoned to one acre lots, to cut costs down to future buyers. Rick Breezee indicated at this time, that this subdivision does fall into the sewer interceptor district. and that this area being looked at could eventually be serviced by city sewer. Mr. Oliver indicated that the future developers were against City sewer going into that area, mainly because in order to get the number of lots out of the subdivison to make it pay, there would have to be more roads put in, and more roads means higher costs to the future landowners. Mr. Oliver further indicated that the area is zoned for one acre lots, and that is what it should be, and if sewer went in, the size of lots would have to be made smaller so that they would be affordable. Chairman Tracy indicated that he had no problem with the zone change for the west 40 acres of the subdivison from an R-la to an R-lb. Commissioner Pearce also agreed with Chairman Tracy. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PROPOSED WOODLAND ESTATES SUBDIVISON BE LEFT OUT OF THE SEWER INTERCEPTOR DISTRICT. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-1. COMMISISONER WARD VOTED AGAINST THE MOTION. o o o Planning Commission Minutes November 22, 1983 Page Five Commissioner Hartman questioned whether a zone change from R-la to R-lb would be out of bounds because of the original layout of the whole area. Chairman Tracy indicated that a zone change was compatible with the land use map. Chairman Tracy questioned whether anyone would be opposed to the zone change. C'6mmissioReprFearce indicated that he would not be opposed because it was not spot zoning. Commissioner Ward indicated that he had a problem with the zone change, and wanted to know why they were actually breaking the lots up. John Oliver indicated that the purpose was to increase the yield. Commissioner Hartman indicated that he felt the zone change would be OK. Chairman Tracy indicated that four of the five commissioners recommended the zone change to the City Council and that Darrell Ward was against this recommendation. 8. Custom Motors Zone Change Mr. Breezee reviewed with the Planning Commission Members that at the last Planning Commission Meeting the Planning Commission had reviewed the land area presently owned by Custom Motors, and that it was the unanimous decision by the Commission to zone change the area from I-2/Medium Residential to R-lb/Single Family, and that an amortization period from 5 to 10 years be required. Mr. Breezee indicated that in the City Ordinance there is a requirement of an amortization period of a maximum of 5 years, and that the City staff felt that in order to keep the ordinance intact so that future problems do not develop, the ordinance should not be deviated from. Commissioner Oster questioned as to what kind of buildings were on the property. Mr. Breezee indicated that they were metal-skinned pole barn buildings. Com- missioner Pearce indicated that he had a problem with going less than 10 years on an amortization period because of the investment put in by Custom Motors. Commissioner Hartman felt that by changing the time limit, we are not taking away the value of the land. Commissioner Hartman further indicated that if the concept of having this is wrong for the area. a change has to be made. Com- missioner Hartman questioned whether there was cause for concern about ground contamination. Mr. Breezee indicated that he did some checking and found that motor oil does not cause ground contamination. After further discussion it was the general consensus of the Planning Commission to leave the original motion stand as it previously read with a 5 to 10 year amortization period. and negotiations done between the City and Custom Motors. 9. Wapiti Park Zoning Designation Mr. Rick Breezee explained that presently Wapiti Park is located in an R-lb section of the City, and that because of this, the campground is a non-conforming use, and as such they cannot expand or extend their present operation. Mr. Breezee further explained that a zone change to A-l agricultural, which is where campgrounds are only allowed presently within the ordinance, would not be appropriate because of the land use. Mr. Breezee further indicated that he felt it would be best to amend the ordinance to allow campgrounds as a conditional use in the R-lb zone. Mr. Rick Breezee further indicated that the Camp on the Mississippi Campground is also a non-conforming use. and that if the ordinance was amended to allow camp- grounds as conditional uses in an R-lb area, this would also apply to this camp- ground. ~...'.i ~ o o Planning Commission Minutes November 22. 1983 Page Six COMMISSIONER HARTMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE R-1B SECTION OF THE CITY ZONING ORDINANCE BE AMENDED TO ALLOW CAMPGROUNDS AS A CONDITIONAL USE. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-0. 10. Administrative Update A. Menkveld Rick Breezee indicated that the Menkveld case went to court, and the Mr. Mendveld was given 30 days jail sentence and a $500 fine, and that the jail sentence would be suspended if he agreed to clean up the property within 60 days. B. Meeting date in December Mr. Breezee asked the Planning Commission members whether they would hold a meeting in December and questioned the possibility of changing the date in December so that it would not be so close to the holidays. It was the general consensus of the Planning Commission Members that there be no Planning Commission Meeting during the month of December, 1983. COMMISSIONER PEARCE MOVED THAT THE MEETING BE ADJOURNED. CHAIRMAN TRACY SECONDED THE MOTION. THE MOTION PASSED 5-0. Meeting adjourned at 9:45 p.m. Rick Breezee Building and Zoning Administrator