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01-25-1982 PC MIN ELK RIVER PLANNING COM}fISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 25, 1982 Members Present: Commissioners Pearce, Fredericksen, Kreuser, Gunkel and Chairman Tracy Staff Present: Rick Breezee, Building and Zoning Administrator 1. Meeting Called to Order The meeting was called to order by Chairman Tracy at 7:30 p.m. 2. Agenda The following changes were made to the January 25, 1982 Planning Commission Agenda: Item #10, Kreuser Final Plat 2, was moved to Item #4~. Add Item #3~, Elect Vice-Chairman of the Planning Commission to replace Commissioner Dreissen, Add Item #10~, Electing a Planning Commission member to attend the 2nd monthly meeting of the City Council. 3. Minutes The Minutes of the December 28, 1981 Planning Commission meeting were approved as published. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER KREUSER, TO ACCEPT THE MINUTES OF THE DECEMBER 28, 1981 PLANNING COMMISSION MEETING AS PUBLISHED. MOTION PASSED 4-0. 3~. Chairman Tracy asked for nominations to fill the vacancy of Vice-Chairman made by the resignation of Commissioner Don Driessen. MOTION BY COMMISSIONER KREUSER, SECONDED BY COMMISSIONER GUNKEL TO NOMINATE COMMISSIONER JOHN PEARCE AS VICE CHAIRMAN OF THE ELK RIVER PLANNING COMMISSION. MOTION PASSED 4-0. 4. Consider Beck's Final Plat Approval Cliff Lundberg was present to present the final plat for approval and consider- ation to the Planning Commission. Rick Breezee indicated that at the time the memorandum for the Planning Commis- sion meeting tonight was prepared, the final plat had not yet been finalized. He then indicated the drawings. Discussion followed by Cliff Lundberg, Rick Breezee and the Planning Commission regarding Lot 14 and Lot 14A and their subdivision. Chairman Tracy asked Rick Breezee if the Planning Commission could accept the plat as Mr. Lundberg has presented it. Rick Breezee indicated that the Planning Commission could accept it. If the Planning Commission did not accept the Plat as written, and after it was accepted January 25, 1982 Planning Commission Minutes Page Two it was indicated that a change was needed, then this change would have to go through as an administrative subdivision. Chairman Tracy asked Cliff Lundberg about making improvements in the subdivision at a later date. Cliff Lundberg indicated that Mr. John Bailey did not have the money at this time to finish the improvements. He also asked Rick Breezee about the De- velopers Agreement. Rick Breezee stated that the staff has agreed with the Agreement. There was a question about the park dedication. This could be handled at the time the Developer's Agreement is approved. This will then go to the City Council. Mr. Lundberg indicated that he would like the Planning Commission to recommend to the City Council that they agree with this. Commissioner Pearce asked Rick Breezee what are the intentions as far as sell- ing the lots in this subdivision. Rick Breezee indicated that before Mr. Bailey could build on the lots, he must have the improvements in; which include the roads being finished. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER KREUSER, TO ACCEPT BECK'S FINAL PLAT. MOTION PASSED 4-0. 4~. Consider Kreuser Final Plat - 2 Cliff Lundberg presented Kreuser's Final Plat 2 to the Planning Commission for consideration and approval. Rick Breezee approved of the plat. Mr. Kreuser indicated that he would take the final plats in phases. He would build one building at a time. He indi- cated the setbacks were okay; the staff had no problem with them. Chairman Tracy noted the design. No questions or discussion on this plat followed. MOTION BY COMMISSIONER KREUSER, SECONDED BY COMMISSIONER FREDERICKSEN, TO ACCEPT KREUSER FINAL PLAT 2. MOTION PASSED 4-0. 5. Consider Zone Change Amendment to Allow 10 Acre PUD's in Sewered Areas Chairman Tracy opened the item for discussion among the Commiccioners regarding the zone change amendment to allow 10 acre PUD's in sewered areas. He asked Rick Breezee if staff felt that the current 20 acre PUD was too restrictive. Rick Breezee said that the City has had two requests for smaller PUD areas. One in the area north of Jackson and west of the Cemetery and the other area is north January 25, 1982 Planning Commission Minutes Page Three of Third Avenue and south of the proposed Barthel PUD. This area Mr. George Dietz presently has an option to buy . He then indicated that the City Administrator and himself would like to see a smaller PUD for sewered and water areas. He also informed the Commission that the staff feels that a pun is more useful because of the number of different occupancies and the control the City has over uses, landscaping, etc. Commissioner Gunkel asked if that meant does the City supply sewer and water or is it privately o\vued. Rick Breezee stated that it was--but it also could be possible for a large private water and sewer system, but because of the cost, it would not be feasible. "Commi~.~.,.~_~_~,,~r Gunkel indicated that she does not like the propo_,~.9:1___fD_L~,-the. chang e . S he'~"'-~~olrl'd---"li-k-e~--to..,-s_~,~__ it b e kep~,,_,,_,g.,t.-,_-2~Q,-'''a'e'r'e~--'PUI:r'~---'~'''-S he i nd i cat ed t ha t the main p urp~.~...... Q:f_a-P-UDwas-tl?cpra:n=a- rarg.erra:ct--o~and--in-an-0rde;t:..4>" fas-h,i,en'~.'~''"'''''Slie'' did not feel the change should be made to the 10 acre minimum. Chairman Tracy agrees with Commissioner Gunkel. 20 acres seems to be a worka- ble and already established way. Commissioner Pearce then asked if any PUD must be sewered. Rick Brezzee indicated that it does require sewer. Commisisner Gunkel indicated that do we make changes with just 2 or 3 requests or do they follow an established ordinance that is presently in existence. Mr. Tony Hipp, of the East Side Concerned Citizens, agrees with Commissioner Gunkel's PUD concept idea. He feels that the 20 acre minimum is a good amount. Commissioner Tracy closed the discussion to the public at 8:05 p.m. MOTION BY COMMISSIONER GUNKEL, SECONDED BY COMMISSIONER PEARCE, TO DENY THE ZONE CHANGE AMENDMENT TO ALLO\\f 10 ACRE PUD' S IN SE\\TERED AREAS. PASSED 4-0. 6. Consider Review of the Preliminary Do\vuto\vu Development Plan Zack Johnson, City Planner, was present to answer any questions the Commission had regarding the do\~to\vn re-development plan. He was representing the BRA of Elk River. Commissioner Gunkel asked several questions regarding the HRA's re-development plan. She indicated that she felt that the HRA plan in every area recommends that existing building be removed. She states that the plan should a) state which ones HRA specifically intends to remove, and b) is relocation intended in any instances. \\That and \vhere \vould this be done. C) Removing many of these buildings is removing a lot of character of the City of Elk River, r,~ \ ~~~\ -\\,\,)J '~ ~f t,\]" 'V ' ~,j.y~ e;'-t l~, \' ''V \ January 25, 1982 Planning Commission Minutes Page Three A of Third Avenue and south of the proposed Barthel PUD. This is an area where Mr. George Dietz presently has an option to buy. He then indicated that the City Administrator and himself would like to see a smaller PUD for sewered and water areas. He also informed the Commission that the staff feels that a PUD is more useful because of the number of different occupancies and the control the City has over uses, landscaping, etc. Commissioner Gunkel asked if that meant that the City supply sewer and water or is it privately owned? Rick Breezee stated that it was, but it also could be possible for a large private water and sewer system; but because of the cost, it would not be feasible. Commissioner Gunkel is opposed to the change for the following reasons: 1) The ordinance states that a 'PUD shall be served by adequate water and sewer systems'. Does this mean City sewer and water? 2) The main purpose of a PUD is to plan a large tract of land in an orderly fashion. A PUD has no specific zone within its boundaries. Allowing 10 acre PUDs would allow too many boundaries. Allowing 10 ac- re PUDs would allow too many spot-mixtures. 3) Most areas close to downtown are covered in the zone recommendations of the HRA. 4) A 10-acre minimum lead to too many PUD areas. This is a cop-out. 5) Much thought and discussion went into the decision that established the present PUD requirements. This also in- volved considerable participation on the part of private citizens. The present re- quirements should not be altered to accommodate a couple of developers. Commissioner Gunkel suggests that areas less than 20 acres should be specifically zoned. Chairman Tracy agrees with Commissioner Gunkel. 20 acres seems to be a workable and already established way. Commissioner Pearce then asked if any PUD must be sewered. Rick Breezee indicated that it does require sewer. Commissioner Gunkel indicated that do we make changes with just 2 or 3 requests, or do they follow an established ordinance that is presently in existence? Mr. Tony Hipp, of the East Side Concerned Citizens, agrees with Commissioner Gunkel's PUD concept idea. He feels that the 20 acre minimum is a good amount. Cllairman Tracy closed the discussion to the public at 8 :05 P .ID. MOTION BY COMMISSIONER GUNKEL, SECONDED BY COM}fISSIONER PEARCE, TO DENY THE ZONE CHANGE A}ffiNDMENT TO ALLOW 10 ACRE PUD'S IN SEWERED AREAS. THE MOTION PASSED 4-0. 6. Consider Review of the Preliminary Do\vuto\vu Development Plan Zack Johnson, City Planner, was present to answer any questions the Commission had regarding the dO\vutO\Vll re-development plan. He was representing the HRA of Elk River. Commissioner Gunkel asked several questions regarding the HRA's re-development plan. She indicated that she felt that the HRA plan in every area recommends that existing building be removed. She states that the plan should a) state which ones HRA specifically intends to remove, and b) is relocation intended in any instances. \Vhat and where would this be done? And c) removing many of these buildings is removing a lot of charachter of the City of Elk River, January 25, 1982 Planning Commission Minutes Page Four warmth, and history of Elk River. She felt, then, that area would become sterile and modern looking - like every other town. Zack Johnson stated that the City is not going to replace buildings. It mayor may not remove buildings. Each one of those sites, A-M, are sites that HRA feels are potentially for re~development and to upgrade the do\~- to\vu area. He indicated that there was no immediate blight areas in Elk River. Commissioner Gunkel then asked Zack Johnson if developers take recommenda- tions from the HRA. Zack Johnson indicated that buildings would not be necessarily removed or de- molished. This wouldn't_harm the character of the City. Chairman Tracy felt that possibly the confusion came\vith the \vording in cer- tain areas of the plan. Zack Johnson indicated thattthe HRA \vould hlep the developers through the plan. The developers would use the plan as a guide. He also indicated the intent of the HRA \Vas to try to concentrate .on" specific areas. This '\vould be done possibly over a 10 year period; not totally immediately. Commissioner Gunkel also stated that she didn't like the fact that all the gas stations along Highway 10 and in the do'\vutown business district area south of Highway 10 being removed. She felt that they provide a very necessary and convenient service and they attract much of the business off Highway 10. Zack Johnson indicated that it was up to the Planning Commission as to the zoning of where these businesses would belong. The way for redevelopment would be through tax increments or industrial revenue bonds. The only way the City would get involved would be through the issuance of industrial rev- enue bonds. Commissioner Gunkel then questioned the fact that in the Gar-San Building there seems to always be rental space available; yet the HRA claims there is not enough office space or retail space available. Mr. Gary Santwire, owner of the Gar-San Building, responded with the fact that there is an overall 8% vacancy rate in his building. At present, when a ten- nant vacates the building, there is a short lapse of time between the time one tennant vacates and the ne\., tennant occupies the space. Commisisoner Gunkel questioned the rezoning recommendation on Page 18 of the Plan, for site A that would change it to R-4. The wording says west of Lowell. If the change was approved, will Cretex become a non-conforming use and will this later lead to a problem? January 25, 1982 Planning Commission Minutes Page Five Zack Johnson stated that no, it is the wording that needs to be changed. On the zone map, Site A was okay. Commissioner Kreuser inquired where the money would come from for the re- development. Zack Johnson stated that money would come from tax increments and industrial revenue bonds. He also said that the question at hand is that if the general land use plan is approved, does it conform to the Comprehensive Plan. The HRA needs written comments from the Planning Commission within 30 days. Commissioner Pearce indicated he likes the plan, that he felt it looked good. He also felt, as Commissioner Gunkel does, that gas stations are part of small do\vuto\Vll businesses. He felt that gas stations should be included as small do\vutown business area and also that the parking be required to stay the same as it is presently. Discussion was carried on regarding renovation or total condemnation of old buildings in to\vu. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER FREDRICKSON, THAT RICK BREEZEE '~ITE A LETTER TO HRA WITH THE PLANNING COMMISSION'S SUGGESTIONS. MOTION PASSED 4-0. Commissioner Gunkel indicated that the Planning Commission would like to re- view the letter that Rick writes before it goes to the HRA. Rick Breezee stated that he will get the letter to the Planning Commission for their review in 7 days. 7. Consider Zone Change Request from Rl-b to PUD and Conditional Use Permit Request for the PUD from Mr. Ted Lundgren Rick Foster of John Oliver and Associates, and Mr. Ted Lundgren were present to present their request to the Planning Commission. Rick Foster stated that the project was 17.5 acres in size. This would include 102 to\vuhouses, 36 quads, and a 36 unit apartment building. There would be 2 home o\vuers associa- tions; 1 for the townhouses and 1 for the quads. There is also a 6 acre area of land that Mr. Lundgren would develop for a park which the City O\VllS. Discussion was carried on regarding the concept of multiple housing. Rick Breezee stated that multiple housing is the type of housing that is becoming more common. Commissioner Pearce indicated that he likes the concept of multiple dwellings. He also stated that he did not like the idea of a convenience store. Discussion was carried on whether or not a convenience store was needed in that area. Rick Breezee indicated that is was likely a store of that type would be successful in that area. If the store was not included in the PUD, the area where the store is would be zoned R-4 and this is not permissible. January 25, 1982 Planning Commission Minutes Page Six Mr. Dan Goehringer, a resident from the area where the PUD is proposed, indicated that if the area was rezoned and doubles were built, there would be more sewer problems than there already is. Rick Breezee indicated that this area would be sewered with City sewer and water, which would be done in phases. Mr. Goehringer then stated that when they purchased their home in Elk River, Mr. Larson promised them that there would be no double homes built. Rick Breezee indicated that with the economy as it is, that doubles would become what people could afford. Rick Foster and Ted Lundgren \vill come back to the Planning Commission '-lith either 1) a request for a variance, or 2) a request for a zone change, de- pending on Council action. Commissioner Gunkel stated that she felt that it was the store that was causing the problem. Commissioner Pearce felt that this was inconsistent with most PUD's, which are 20 acres. If it is less, then rezoning or a variance request has to be made. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER KREUSER, TO TABLE THIS REQUEST FOR FURTHER CONSIDERATION. 8. Consider Brutger's Re-subdivision of Lots on 191st Avenue Rick Breezee indicated that in the City ordinance it states that every building must abut upon a public street. The Brutger Company is asking for a re-subdivision to make 3 lots into 5. Commissioner Gunkel inquired as to what will be built there. Rick Breezee indicated that rental apartments - 30 units - which he in- dicated on the land use/zoning maps. The representative from Brutger's was not able to be at this meeting, but John Oliver, of John Oliver and Associates, was present. Discussion followed regarding how many units were to be built and were they to have covered parking stalls. It was also indicated that they would not be like parking stalls in the Riverbend Trailor Park in Dayton. It was not kno,vu whether these were to be government subsidized or not. MOTION BY CO}fMISSIONER PEARCE, SECONDED BY COMMISSIONER GUNKEL TO APPROVE THE RE-SUBDIVISION FROM 3 LOTS TO 5 FOR THE BRUTGER COMPANY. MOTION PASSED 4-0. January 25, 1982 Planning Commission Minutes Page Seven 9. Consider Conditional Use Permit Request by Barbara Burandt for a Home Occupation Mrs. Barbara Burandt was present for her conditional use request for a nursing service to be operated out of her home at 19118 Tyler Street, Elk River. Mrs. Burandt indicated that her home would only be used as an office. She stated that she is a Registered Nurse and she has been in contact with the proper State agencys regarding this type of nursing service. She also stated that she complies with all the conditions of the Conditional Use Permit. MOTION rUillE BY CO}~IISSIONER GUNKEL, SECONDED BY COMMISSIONER KREUSER, TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY MRS. BARBARA BURANDT. MOTION PASS 4-0. lO~. Planning Commission Member Attending City Council Meetings Rick Breezee indicated that a member of the Planning Commission should attend the City Council meetings when the Planning Commission items are on the agenda. He indicated that from now on, all Planning Commission items would go to the City Council on the 2nd meeting of every month. Chairman Tracy stated that he, as Chairman of the Planning Commission, would attend the City Council IDeeting$ when the Planning Commission items are on the agenda. He also felt that the rest of the Commission could act as backup if he could not make a meeting. Commissioner Gunkel indicated that she would attend the February 18, 1982 City Council meeting. 11. Consider Moratorium on Metal Skinned Buildings Rick Breezee indicated that there was no motion needed tonight for this item. He indicated that since the building season will be here soon, the Planning Commission should start to think about what actions are to be taken regarding metal skinned buildings. He asked the Planning Commission to look at the guidelines he has written. John Bailey, a member of the audience, asked why the moratorium was placed in the first place. Rick Breezee indicated that it was because of the problem that happened on King Circle. He then stated that item #11 would be put on the agenda for the February 22, 1982 Planning Commission meeting. January 25, 1982 Planning Commission Minutes Page Eight Non-Con Items A. Rick Breezee introduced the new members of the Planning Commission. Dorothy Fredericksen will replace Commissioner Busch. Estelle Gunk- el will replace Commissioner Dreissen. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER KREUSER, TO ADJOURN THE MEETING. MOTION PASSED 4-0. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Rick Breezee Building and Zoning Administrator RB:cl