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03-09-2010 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 9, 2010 Members Present: Chair Scott, Commissioners Anderson, Bell, Ives, Johnson, Lemke and Westberg Members Absent: None Staff Present: JeremyBarnhart, Planning Manger; Chris Leeseberg, Planner/Park Planner; Debbie Huebner, Recording Secretary Also Present: Peter Beck, City Attorney 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Scott. 2. Oath of Office The Oath of Office was administered to Conui7issioners Bell and Johnson. . 3. Consider 3/09/ 10 Planning Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE MARCH 9, 2010 PLANNING COMMISSION AGENDA. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend 3/ 15/ 10 City Council Meeting Chair Scott will attend the March 15, 2010 City Council meeting. 5.1. Request by Ken Beau , /M. Garg for Conditi Tarlrcnn AVPIl71P Pn}i~ir uPAYlTlO - (-'acP Nn ~' The staff report was presented by Chris Leeseberg. He stated that staff does not have enough information to snake a recommendation on this application, and recommends that the Planning Commission open the public hearing, take comments, and continue this application to the April 13, 2010 meeting. Commissioner Ives asked if the access off Jackson was an alley. Mr. Leeseberg stated no. Commissioner Ives asked if it would be possible to require the sidewalk to be continued on the property. Mr. Leeseberg stated the Planning Corrunission could make that recommendation. Chair Scott opened the public hearing. There were no comments. Plaruung Commission Minutes Page 2 March 9, 2010 --------------------------- MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO TABLE THE REQUEST AND CONTINUE THE PUBLIC HEARING FOR THE APPLICATION FOR THE FAST CASH BUSINESS, 356 JACKSON AVENUE, TO THE APRIL 13, 2010 PLANNING COMMISSION MEETING. MOTION CARRIED 7-0. 5.2. Request berry of Elk River for Conditional Use Permit to Amend Elk River Plaza Planned Unit Development (PUD), Public Hearing -Case No, CU 10-06 The staff report was presented by Chr7s Leeseberg. Staff recommended approval of the amendment. Chair Scott opened the public hearing. A representative from Marcus Theater asked if the restrictions were consistent with other PUDs in the city. Mr. Leeseberg reviewed some of the history of Elk River Plaza, stating that it was somewhat unique since it was one of the city's fast PUD's. There being no further public comment, Chair Scott closed the public hearing. MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO AMEND THE ELK RIVER PLAZA PLANNED UNIT DEVELOPMENT AS PRESENTED IN THE STAFF REPORT TO THE COMMISSION DATED FEBRUARY 9, 2010. MOTION CARRIED 7-0. 5.3. Request by Great River Ener~vfor Conditional Use Permit for Refuse-Derived Fuel Facility 10700 165th Avenue NW, Public Hearing -Case No. CU 10-05 Rebecca Haug presented the staff report. She explained that GRE is requesting a provisional CUP and license, pending their purchase of the refuse-derived fuel facility from RRT. She noted that most of the changes are housekeeping in nature, such as name changes, and City AttorneyPeter Beck's changes were provided in the handout the Commission received this evening. Commissioner Westberg asked if the revision in the number of loads is considered "housekeeping". Ms. Rebecca explained that some of the language was outdated. Mr. Beck stated that the entire CUP and License will be brought back at a later date bythe applicant. Chair Scott opened the public hearing. There being no comments from the public, Chair Scott closed the public hearing. Commissioner Anderson asked if this application is a necessarystep for the purchase of the business. Mr. Beck stated yes, that GRE needs to know that the CUP and license can transfer to them, in order to close on the property. He explained that the city will not require GRE to come back with revisions, but that, based on discussions with GRE they likelywill come back at some point with changes. Commissioner Anderson asked if staff was comfortable with the documents if there are no future changes. Mr. Beck and Ms. Haug both stated yes. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST Planning Commission Minutes Page 3 March 9, 2010 --------------------------- FOR AN AMENDED CONDITIONAL USE PERMIT FOR ELK RIVER FOR • GREAT RIVER ENERGY -ELK RIVER RESOURCE PROCESSING PLANT REFUSE DERIVED FUEL RESOURCE RECOVERY FACILITY, WITH THE CHANGES RECOMMENDED BY STAFF AND THE CITY ATTORNEY. MOTION CARRIED 7-0. MOTION BY COMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG FOR A SOLID WASTE FACILITY LICENSE FOR ELK RIVER RESOURCE PROCESSING PLANT WASTE PROCESSING FACILITY WITH THE CHANGES RECOMMENDED BY STAFF AND THE CITY ATTORNEY. MOTION CARRRIED 7-0. 5.4. Request by Charles Brower for Conditional Use Permit (Chickens, 11479 197th Avenue NW, Public Hearing -Case No. CU 10-03 The staff report was presented byJeremyBarnhart. Chair Scott opened the public hearing. Chuck Brower, applicant - stated he was available to answer questions. There being no comments from the public, Chair Scott closed the public hearing. Conurussioner Westberg asked if the applicant will be having both roosters and hens. Mr. Brower stated he would have one rooster and the rest would be hens. Cornrrussioner Anderson asked if the application has spoken with any of his neighbors about having chickens on his property. Mr. Brower stated he spoke with one neighbor and he stated he was ok with the idea. Mr. Barnhart noted that the closest homes are 300 plus feet away. He added that notices were sent to the neighbors and staff received no corrunents. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY CHARLES BROWER FOR A CONDITIONAL USE PERMIT FOR CHICKENS WITH THE FOLLOWING CONDITIONS: 1. CHICKENS SHALL BE PREVENTED FROM EXITING THE PROPERTY BY FENCING OR SIMILAR CONTAINMENT. 2. NO MORE THAN 15 CHICKENS SHALL BE ON THE PROPERTY. 3. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 4. APPROVAL OF THE CONDITIONAL USE PERMIT SHALL EXPIRE AFTER TWO YEARS IF THE CHICKEN COOP IS NOT COMPLETED, UNLESS THE PROPERTY OWNER OR OWNER' AGENT HAS RECEIVED AN EXTENSION. 5. NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING, OR SELLING SHALL BE PERMITTED. 6. ANIMAL WASTE SHALL BE DISPOSED OF IN A SANITARY MANNER. MOTION CARRIED 7-0. • Planning Commission Minutes March 9, 2010 --------------------------- Page 4 5.5. Request b~Clty of Elk River for Ordinance Amendment Relating to Buffer Zones, Public Hearing -Case No. OA 10-01 Mr. Barnhart stated that staff has been working R~ith City AttorneyPeter Beckto reaffirm the buffer ordinance. Mr. Beck stated that he received a letter from the counsel for the Landfill, which will be added to the record. He noted that the points in the letter will be addressed prior to the City Council meeting on March 16, 2010. Chair Scott opened the public hearing. Jack Perry of Briggs & Morgan, representative for the Elk River Landfill -Stated that he felt the proposed ordinance is a mistake. He provided background information regarding the Landfill's application for renewal of their CUP and license, and the most recent application for an expansion of the landfill. He stated that this amendment is an attempt to stop an application which was filed February 22, 2010. He stated he did not feel this body (the Planning Conullission) should make a recommendation on this application. He cited reasons why he felt the proposed ordinance amendment was a mistake. He stated that the citycode does not require a 200-foot buffer, and referenced various sections of the city code which he felt supported the Landfill's position. He stated they are able to provide the buffer on the adjacent Tiller property. Mr. Perry expressed his displeasure with the proposed amendment and its process. There being no further comments, Chair Scott closed the public hearing. Commissioner Bell asked when the letter to Ms. Walters was sent and if it was sent by certified mail. Mr. Beck stated no it was not sent certified, and was likely received on Friday, as Mr. Perry stated. Mr. Beck stated that the application referred to by Mr. Perry will be processed and heard by the Planning Commission and City Council. Commissioner Lemke asked if the application was considered complete. Mr. Beck stated yes, that the application has been deemed complete and is being processed, and will continue to be processed regardless of action taken bythe City Council on this ordinance amendment. Commissioner Lemke asked if the application is reviewed based on the ordinance in place at the time of submittal. Mr. Beck stated that the application will be considered based on the ordinance in place at the time it is acted upon. Commissioner Anderson stated that he did not have a problem moving the ordinance f orward to the City Council. Commissioner Bell stated he would have liked to have had more time to review the letter from the Landfill's counsel. He stated that the Landfill may have some issues that need to be addressed, and getting the letter to them earlier would have been helpful for them to prepare. Commissioner Westberg concurred with Commissioner Bell, stating he was somewhat uncomfortable with the timing of the letter, but that he had complete trust in the staff and their recommendation. Mr. Beck stated that on January 28, 2010, the city first learned that Landfill did not feel that the 200-foot buffer zone required bystate statute had to be within their property. At that time, the city began preparing an ordinance amendment to reaffirm what is in the ordinance to make it perfectly clear. He stated the citythen received the Landfill's application to • expand into the 200-foot buffer on February 22, 2010. He noted that the Landfill's Planning Commission Minutes Page 5 March 9, 2010 --------------------------- application to renewtheir existing CUP and license was processed and approved on February 16, 2010. Mr. Beck noted that the cell 17 issues have been resolved for their existing permit. He stated that it is not normal for a letter to be sent to a property owner for a text amendment, but the city did so. Commissioner Anderson stated that it has been the cites policy that whenever a buffer is required, it is within the applicant's property. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT AS PRESENTED IN THE STAFF REPORT TO THE PLANNING COMMISSION DATED MARCH 9, 2010. THE MOTION CARRIED 7-0. 5.6. Request by City of Elk River Ordinance Amendment Relating to Interim Use Permits, Public Hearing -Case No. OA 10-02 The staff report was presented byJeremyBarnhart. He noted that the amendment brings the cites ordinance into compliance with state law Chair Scott opened the public hearing. There being no public comment, Chair Scott closed the public hearing. Commissioner Anderson asked if adoption of the amendment would have any ramifications on existing interim use permits. Mr. Barnhart stated he was not aware of anyimpacts on • existing permits. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT REGARDING INTERIM USE PERMITS, AS PRESENTED IN THE STAFF REPORT TO THE COMMISSION DATED MARCH 9, 2010. MOTION CARRIED 7-0. 5.7. Request by City of Elk River for Ordinance Amendment Relating to Definition for Parks. Public Hearing -Case No. OA 10-03 The staff report was presented byJeremyBarnhart. Chair Scott opened the public hearing. There being no public comment, Chair Scott closed the public hearing. Cornrnissioner Bell questioned why a body of water was not included. Mr. Barnhart explained. Commissioner Lemke asked if water adjacent to a park and used for recreational purposes should be a considered a park, such Lake Orono. Mr. Barnhart explained that there also could be water adjacent to privately-owned land could be used for recreational purposes and would not be a park Mr. Beck explained that public open space along a body of water is a park, but privately owned property, such as along the Mississippi, would not be a park • Planning Commission Minutes Page 6 March 9, 2010 --------------------------- Commissioner Lemke asked about open space and playgrounds at a school. Mr. Beck stated those areas would be included in the park definition. Conunissioner Lemke asked about having a tennis court in a private yard. Mr. Barnhart stated no. Commissioner Anderson stated that homeowners associations sometimes own open space for recreational use (privately owned), and asked if this could be considered a park. Mr. Barnhart stated yes. Mr. Barnhart stated that the intent of the ordinance amendment is to define "park" in order to determine setbacks for certain uses such as pawnshops. Commissioner Johnson asked if the ordinance would impact current uses or applications. Mr. Barnhart stated no. Commissioner Johnson stated he had no issues with the proposed amendment. MOTION BY ANDERSON AND SECONDED BY LEMKE TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT RELATING TO THE DEFINITION OF PARKS, CASE NO. OA 10-03 AS PRESENTED IN THE STAFF REPORT DATED MARCH 9, 2010. MOTION CARRIED 7-0. 6.1. Call Special Meeting of Planning Commission for March 22, 2010 at 6:30 p.m Regarding FAST Studv MOTION BY COMMISSIONERLEMKE AND SECONDED BY COMMISSIONER ANDERSON TO CALL A SPECIAL MEETING OF THE PLANNING COMMISSION FOR MARCH 22, 2010 AT 6:30 PM. TO MEET JOINTLY WITH THE EDA AND CITY COUNCIL TO DISCUSS THE FAST STUDY. MOTION CARRIED 7-0. 6.2. Call Special Meeting for August Planning Commission due to PrimaryElection on Regular Meeting_Date MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO POSTPONE THIS ITEM TO THE APRIL 13, 2010 PLANNING COMMISSION MEETING. MOTION CARRIED 7-0. 6.3. Election of Officers MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO ELECT CHAD WESTBERG PLANNING COMMISSION CHAIR. MOTION CARRIED 7-0. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER LEMKE TO ELECT TROY IVES PLANNING COMMISSION VICE-CHAIR. MOTION CARRIED 7-0. Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. • Planning Comrrussion Minutes March 9, 2010 --------------------------- The meeting of the Elk River Planning Coirunission adjourned at 8:05 p.m. • Minutes p~~pared by Debbie Huebner. ,~%- Tina Allard City Clerk Kevin Scott Chair Page 7 •