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02-09-2010 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 9, 2010 Members Present: Chair Scott, Commissioners Anderson, Bell, Johnson, Lemke and Westberg Members Absent: Commissioner Ives Staff Present: JeremyBarnhart, Planrurrg Manger; Chris Leeseberg, Planner/Park Planner; Rebecca Haug, Environmental Administrator; Lori Johnson, City Administrator; Debbie Huebner, Recording Secretary Also Present: Councihnember Motin and Peter Beck, City Attorney; Matt Ledvina, Environmernal Consuhant 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. Consider February 9, 2010 Pl~nn'ng Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE FEBRUARY 9, 2010 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGE: ITEM 5.4. -REQUEST BY CITY OF ELK RIVER FOR ZONE CHANGE, WILL BE CONSIDERED AFTER ITEM 5.1. ITEM 6.1. -ELECTION OF OFFICERS WILL BE CONSIDERED AT THE MARCH 9, 2010 PLANNING COMMISSION MEETING MOTION CARRIED 6-0. 3.1. Consider November 10, 2009 Planning Commission Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE NOVEMBER 10, 2009 MINUTES. MOTION CARRIED 6-0. 3.2. Consider December 8, 2009 Planning Commission Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE DECEMBER 8, 2009 MINUTES. MOTION CARRIED G-0. 4. Planning Commission Representative to Attend February 16, 2010 City Council Meeting Commissioner Johnson will attend the February 16, 2009 City Council meeting. Planning Conunission Minutes Page 2 February 9, 2010 __ 1 _______________________ • 5.. Request bvDeiuvs Sharp for Conditional Use Perrzut for Muu Storage & Outdoor Storage of Rnatc ~~ata~xravRna~ Rannar 4th A~~irinn~ Pn}~lir T-~aonno _ (~~ca Nn (~'T T 1(1_(11 Staff report presented byJeremyBarnhart. Chair Scott opened the public hearing. Ryan Kostreba, 25613 1021/2 Street, Zimmerman, MN - had concerns that the same conditions are not being imposed on this applicant, as were required when he built his mini storage facility in 2003. He explained that he had to rotate his buildings so that the doors did not face the street. He also asked to allow outdoor storage of boats until he could justify constructing another building, but was denied. The builder for the applicant explained whythe overhead doors are crucial to the business. He stated the site will be screened with trees as best as possible. He noted that there will be some boats outside all the time, until a boat storage building is constructed. Ray Renner, 15688 Jarvis Street -spoke in support of the request. He stated that his business has approximately25 doors on their buildings, and that 12 of them face Jarvis. He stated that when he built in 2007, he was not told the doors could not face the road. He stated it is necessaryforthe business to have doors face both directions. There being no public comment, Chair Scott closed the public hearing. Commissioner Westberg stated that he did not have a problem with the doors. Mr. Barnhart stated that Mr. Kostreba's mini storage was approved before his time with the City of Elk River. He stated that the standards have been revised to allow prefinished metal buildings, as in being proposed. Chair Scott asked if there were anyissues with lighting, since this issue was not addressed in the staff report. Mr. Barnhart stated that staff is not asking for anything above what the ordinance requires. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY DENNIS SHARP FOR CONDITIONAL USE PERMIT FOR MINI STORAGE & OUTDOOR STORAGE OF BOATS, CASE NO. CU 10-01, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS FROM STAFF COMMENT LETTER DATED DECEMBER 23, 2009. 2. ALL COMMENTS OF THE CITY ENGINEER MEMO DATED JANUARY 26, 2010 SHALL BE ADDRESSED. 3. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 4. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 5. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 6. ALL LANDSCAPING, INCLUDING AND TURF ESTABLISHMENT SHALL BE COMPLETED EITHER PRIOR TO OCCUPANCY OR PROVISION OF Planning Comnvssion Minutes Page 3 February 9, 2010 ---- ALETTER OF CREDIT IN AN AMOUNT APPROVED BY STAFF NECESSARY TO GUARANTEE COMPLETION OF THE WORK. 7. THIS APPROVAL OF THIS CONDITIONAL USE PERMIT SHALL EXPIRE AFTER 2 YEARS, UNLESS AT LEAST TWO BUILDINGS HAVE BEEN COMPLETED AND OCCUPANCY ISSUED. MOTION CARRIED 6-0. 5.4. Request by City of Elk River for Zone Change to Rezone Remaining Northern Al (A~ricultural Conservation) Zoned Pro~ert~o R1a (Single Family Residential) Public Hearing -Case No. ZC 10--02 The staff report was presented byJeremyBarnhart. Commissioner Bell asked howthe proposed zone change will affect the propertyownexs. Mr. Barnhart stated that the zone change will allow them to subdivide their property into 2 1/z acre lots, versus the existing 10-acre m;n;mum lot size. Chair Scott opened the public hearing. There being no public comment, Chair Scott closed the public hearing. City Attorney Peter Beck noted that the Land Use Map, as well as text, in the Comprehensive Plan identifies this change to be made at this time. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO REZONE THE REMAINING NORTHERN Al(AGRICULTURAL CONSERVATION) ZONED PROPERTY TO R1A (SINGLE FAMILY RESIDENTIAL). MOTION CARRIED 6-0. 5.2. Request for Zone Change by Flowers Plus (518 - 520 Freeport from PUD to C3, Public Hearing -Case No. ZC 10-01 The staff report was presented by Chris Leeseberg. Chair Scott opened the public hearing. Rich Schulz, 19137 Zane Street (property owner of 510 Freeport) - Stated that he researched the allowed uses when he constructed his building in the Elk River Plaza PUD. He had concerns that his taxes would go up if the zoning were changed to C3. He explained that a Sherburne County Assessor's office representative told him his taxes would be higher with a commercial zoning than the current PUD zoning. Mr. Schulz questioned whether or not the applicant had checked out the tax implications. Mr. Barnhart stated that the applicant could check with the County, and could withdraw their application if they chose to. He noted that the assessor's office had explained to him that propertywas taxed byuse, not by zoning. Commissioner Westberg asked if the citywas looking at rezoning the whole PUD area. Mr. Barnhart stated yes, that they will be looking at rezoning Elk River Plaza to something other than PUD. Planning Commission Minutes Page 4 February 9, 2010 Councilmember Motin suggested amending the PUD to allow the requested use, and rezoning the PUD could be considered later. Mr. Barnhart stated that could be done, but that the process to look at rezoning the PUD has been started, per the Council's direction. Chair Scott stated his concern that they could end up with one small parcel zoned C3. Mr. Barnhart stated that staff feels they can come up with a rezoning that fits, and he was not concerned about a small area of C3, and the businesses would all be rezoned to some type of commercial zoning. Commissioner Bell asked if the problem could be solved by simply getting rid of No. 14 in the list of restrictions; "The use of Parcel "L" shall be restricted to a hardware and related items retail sales store." Mr. Barnhart stated that there are other issues with the PUD and how it has evolved over the years. He noted that if the PUD were rezoned to C3, all other C3 uses would also be allowed. He stated there maybe other solutions than just rezoning to C3. Mr. Barnhart stated that there are certain PUD's in the citythat no longer serve their original purpose. He stated that the city does not want to arbitrarily rezone them to C3, and that the goal is to help the businesses. He stated that the "hardware" use is very restrictive, but just amending the PUD to allow a gym would not get the ciryto where it wants to go. Commissioner Lemke stated he no issue with the applicant's request and was in agreement with staff's recommendation. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONE ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY FLOWERS PLUS TO REZONING THE PROPERTY AT 518 - 520 FREEPORT FROM PUD TO C3 ZONING. MOTION CARRIED 5-1. Chair Scott opposed. 5.3. Request by Waste Management for Conditional Use Permit and License (Amendment) for Elk River Landfill, Public Hearing -Case No. CU 10-02 The staff report was presented by Rebecca Haug. She reviewed the proposed changes to the conditional use permit and the solid waste facilirylicense as noted in her report. Ms. Haug introduced Matt Ledvina, the city's environmental consuhant. Mr. Ledvina spoke regarding issues with Cell 17. He stated that the ciryis asking for the final contour plan for Cell 17 as it is constructed today. City AttorneyPeterBeck explained that the city has not seen a plan thax shows howthe landfill will be finished, incorporating the changes to Cell 17. The city is asking that a plan be submitted within the next two years. Ms. Haug stated that an end use plan was reviewed and a recommendation was made bythe Parks & Recreation Commission as part of Elk River Landfill's request for an expansion in 2009, but that request was denied bythe City Council Ms. Haug explained that the city is asking that Waste Management provide an end use plan for Elk River Landfill byDecember 31, 2011. Ms. Haug explained that she has worked with Sherburne Counryto incorporate some of the same language from the County's license for the landfill regarding dust, noise and odor into the city's license. She noted that the applicant has agreed to the changes. Planning Commission Mnutes Page 5 February 9, 2010 Peter Beck discussed a change to paragraph 14, striking date, February, 20, 2012. He stated that the conditional use permit will be permanent, in conformance with State Statute. He noted that the license will still be renewed everytwo years. Also, the landfill may continue to come forward with amendments to the Conditional Use Permit from time to time. Chair Scott opened the public hearing. Deb Walters, Waste Management/Elk River Landfill representative, 22460 Highway 169 - Stated they are comfortable with staff's recommendations regarding the buffer zone and end use plan. She stated that the issue of Cell 17 needs to be clarified before the City Council hearing. Ms. Walters noted that Item 4 and Item 28 regarding leachate recirculation in both the CUP and license are the same, and one should be removed from the agreement. Stephanie Stolz, engineer representative for Waste Management - provided detail on what was previously approved and how Cell 17 will be constructed. Mr. Beck asked how close is the base of Cell 17 to the 200-foot buffer. Ms. Stolz explained howthe distance varies from east to west, noting that the distance is greater than 200 feet at a min;mum. Mr. Beck asked that she meet with Matt Ledvina to clarifythe issue before the City Council meeting. He stated that changes could be made to the condition to reflect reality. Ann Kemske, 22373 Tipton Street -Asked if she understood correctlythat the landfill CUP would be permanent. Mr. Beck clarified bystating yes, that the CUP is permanent until it closes, but that the license will continue to be renewed everytwo years. Ms. Kemske asked if language changes can be made in the license. Mr. Beck stated yes, but that the license is more of an adrrrinistrative document than a regulatory document. He noted that due to the technical nature of the operation, it is likelythe landfill will request amendments to the CUP. Ms. Kemske stated she has not seen a completed end use plan from Waste Management. Mr. Beck explained that an end use plan was submitted with the expansion application, but that the expansion was denied. He stated that staff does not feel they have a complete end use plan for the landfill for the current CUP and that is what they are asking for. He stated that it is unlikelythere were be any active uses, and will most likely be a passive recreational use or no there would be no use for the completed landfill site. There being no further comment, Chair Scott closed the public hearing. Commissioner Anderson stated that it appears staff and the applicant are in agreement for the most part on the issues, except for some clarification. He stated he has no problem with the change recommended bythe cityattomey. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY WASTE MANAGEMENT FOR A CONDITIONAL USE PERMIT FOR ELK RIVER LANDFILL, WITH THE CONDITIONS RECOMMENDED IN THE STAFF REPORT DATED FEBRUARY 9, 2010, AND WITH THE FOLLOWING CHANGE: PARAGRAPH 14) -STRIKE THE FOLLOWING LANGUAGE: ~~UNTIL FEBRUARY 20, 2012 UNLESS OTHERWISE AMENDED, REVOKED OR OTHERWISE TERMINATED" Planning Commission Minutes February 9, 2010 MOTION CARRIED 6-0. Page 6 MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY WASTE MANAGEMENT FOR A SOLID WASTE FACILITY LICENSE FOR ELK RIVER LANDFILL AS RECOMMENDED IN THE STAFF REPORT, AND WITH THE REMOVAL OF ANY DUPLICATE LANGUAGE FOUND BY THE CITY ATTORNEY. MOTION CARRIED 6-0. Other Business - Councilmember Motin expressed thanks to Rebecca Haug for her work regarding the Elk River Landfill. 7. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the ElkRiver Planning Commission adjourned at 8:52 p.m. Minutes prepared byDeb!b/die bner. rF . rl Tina Allard City Clerk ~' ~~~ ~ _ Kevin Scott Acting Chair • •