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09-13-2011 PC MINMEETING OF THE ELK RIVER PLANNING COMMiSS10N • HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 13, 201 I Members Present: Commissioners Bell, Lemke, Scott and VJestberg Members Absent: Chair Ives, Conunissioners Anderson and Johnson Staff Present: JeremyBarnliart,PlartningManager; Rebecca Haug, Environmental Administrator; Debbie Huebner, Recording Secretary Also Present: CotulcilmemberMotin, Cit~TAttorneyPeterBeck 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 6:44 p.m. by Acting Chair Lemke. 2. Consider9/13/11 Plannin~ConunissionAgenda MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE SEPTEMBER 13, 2011 PLANNING COMMISSION AGENDA. MOTION CARRIED 4-0. • 3.1. Consider 7/ 12/ 11 Planning Commission Minutes MOVED BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE JULY 12, 2011 MINUTES. MOTION CARRIED 4-0. 3.2. Consider 8/9/ 11 Planning Commission Minutes MOVED BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE AUGUST 9, 2011 MINUTES. MOTION CARRIED 4-0. 4. Plannn'ng Commission Representative to Attend September City Council Meeting Commissioner Bell will attend the September 19, 2011 City Council meeting. 5.1. Request by Janet Adams for Conditional Use Permit for Retreat Center non owner-occupied bed & breakfast), 931 Main Street -Case No. CU 11-16 Plannirg Manager Jeremy Barnhart, stated that this request was previously approved bythe City Council in 2008, and that the applicant was not able to pursue the applicant had a scheduling conflict and requests that is item be continued to the October Planning Commission meeting. Acting Chair Lemke opened the public hearing. • Charles Martin, 943 Main Street, neighbor to the west of the subject property- stated that he owns the driveway and the adjacent property has an easement to use it. He did not feel he should have to Planning Commission Minutes September 19, 2011 Page 2 share the drivewaywith a business and suggested that the applicant put in another parking area on the other side of the house. He expressed his objection to the proposed use, stating that business • would not encourage clients to go out and spend money in the community, as a bed and breakfast business does. Ralph Donais, 906 Lookout Place - stated that none of the neighbors were in favor of the proposed use when it was reviewed before and wanted to know how it passed. He stated he would like to know how many people and how many cars would be at the site. He also wanted to know what a retreat center v,~as and who would be responsible for the property at night. He stated that due to the proximity of his home, strangers being able to see into his bedroom window Linda Nogle, 234 Morton Avenue -stated that the back of her propertyfaces the subject property and she does not want to see the activity. She stated she is concerned about other possible commercial uses that could potentiallyoccupythe propertyin the future. She would like to keep the area residential Councilmember Motin stated that he would like to see a copy of the easement agreement to review the terms. Acting Chair Lemke stated he would like more information on the definition of a "retreat center" and "non owner-occupied bed and breal~ast. Mr. Barnhart stated that additional information can be provided for the October meeting. Commissioner Bell stated that he would like to see photos of where the driveway is located on the property. Mr. Barnhart suggested that the Commissioners also visit the site before the Planning Commission meeting. • MOTION BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER SCOTT TO CONTINUE THE PUBLIC HEARING AND DISCUSSION OF THE REQUEST BY JANET ADAMS FOR A CONDITIONAL USE PERMIT TO THE OCTOBER 11, 2011 MEETING. Commissioner Bell asked where the downtown study area ends and if this property is included in the study area. Mr. Barnhart stated that he did not believe this propertywas included, but he will check on it. MOTION CARRIED 4-0. 5.2. Request by ElkRiver Landfill . Inc for Land Use Amendment Public Hearing -Case No LU 11-01 5.3. Request bv Elk River Landfill for Zone Change Public Hearing -Case No ZC 11-01 5.4. Request bv Elk River Landfill for Conditional Use Pernut Public Hearing -Case No CU 11-12 City AttorneyPeter Beck reviewed details of the settlement agreement with Elk River Landfill and explained the applications before the Commission this evening. He stated that uhimatelythe agreement allows the Landfill 27.2 acres of additional fill area, while preserving approximately 60 acres to be mined for future development. Mr. Beck noted that there are a few remaining issues in the CUP to be worked out before the City Council review on September 19~. Acting Chair Lemke opened the public hearing. • Planning Commission Muiutes September 19, 2011 Page 3 Debra Walters, representing Elk River Landfill, stated she was present to answer any questions the • Commission or staff mayhave. There being no public comment, Acting Chair Lemke closed the public hearing. Councilmember Moain stated that he did not want the Commissioners to feel the Landfill's application was a "done deal" and encouraged them to review it like any other application. He questioned if there will be a fence around the landfill Mr. Beck stated that there will be a fence during operations, but there is no specific end use plan at this time. He stated that as the time gets closer to the actual closing of the landfill, these issues grill be discussed. Commissioner Westberg asked if there will be an attempt in the fiuure to obtain the 60 acres bythe Landfill Mr. Beck referenced page 2 of the Conditional Use Permit which states: 2. Additional Expansion of Landfill Prohibited. This Permit authorizes the expansion of Landfill activities onto 31.8 acres to allow an additional 27.2 acres of Solid Waste fill area. By accepting and executing this Permit, Permittee agrees to complywith the design of the expansion approved herein, and agrees to forever waive its right to pursue any further landfill expansion within the City. Commissioner Scott asked if the December 31, 2030 closure date will be final, as referenced on Page 6, Item 9. of the CUP Agreement. Mr. Beck stated that the Landfill may need some time to complete the northern end, so additional time maybe allowed to close this area but no landfilling will be allowed after the December 31, 2030. • Commissioner Bell stated that it appears that a reasonable agreement has been worked out. Comm>ssioner Lemke stated that the agreement does preserve the majority of the property for future development. He asked if Item 11 on Page 6, regarding the restrictive covenant would prevent a future request for expansion. Mr. Beck stated that a Conditional Use Permit can be amended. Commissioner Lemke asked how many homes are powered by capture of the methane gas at the landfill. Ms. Haug stated that approximately 3,000 homes are powered bythe gas. Mr. Beck stared that a second plant is being contemplated and the agreement would. allow that to happen. Commissioner Lemke asked how many cubic yards of mineral will be mined out. Ms. Haug stated that she was not sure. Mr. Beck stated that it was a significant amount. Commissioner Westberg stated he did not feel an expansion of the landfill was the best use of this land, but he stated he appreciated Waste Management's efforts in m;n;m;~.; a its impact. He stated that the Highway 169 comdor is such an asset that the cityneeds to take advantage of it. He stated that even though the size of the expansion is reduced, he felt the citywill have the same difficulties from a land planning perspective as it had two years ago, when an expansion was first proposed Commissioner Scott stated that due to the scaling back of the expansion area and the potential for capture of methane gas for energy, he supported approval of the request as a wayto move forward with settlement of the Landfill issue. MOTION BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APROVAL OF THE REQUEST BY ELK RIVER LANDFILL, INC. FOR A LAND USE AMENDMENT, CHANGING THE LAND USE • OF CERTAIN PROPERTY DESCRIBED FROM MIl~TING TO LANDFILL, CASE NO. LU 11-01. MOTION CARRIED 3-1. Commissioner Westberg opposed Planning Commission Minutes September 19, 2011 Page 4 MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER • BELL TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER LANDFILL, INC. FOR A ZONE CHANGE TO CHANGE THE ZONING OF CERTAIN PROPERTY DESCRIBED FROM Al AGRICULTURAAL CONSERVATION TO Al AGRICULTURAL CONSERVATION /SWF SOLID WASTE FACILITY OVERLAY, CASE NO. ZC 11-01. MOTION CARRIED 3-1. Commissioner Westberg opposed. MOTION BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER LANDFILL, INC. TO AMEND THEIR CONDITIONAL USE PERMIT TO EXPAND THE EXISTING LANDFILL INTO 31.8 ACRES OF PROPERTY LOCATED IMMEDIATELY SOUTH OF THE EXISTING LANDFILL. Discussion followed regarding the 2030 closure and significance of the date. MOTION CARRIED 3-1. Commissioner Westberg opposed. Councilmember Motin asked that the changes made to the CUP Agreement be "redlined" when they are presented to the City Council, so that they know what changes have been made since the Plaruung Commission's review 5.5. Request by City of Elk River for Ordinance Amendment Regarding FEMA Maps. Public Hearing - Case No. OA 11-02 • Mr. Barnhart explained that the ordinance amendment is not completed and will be presented at the OaoberPlanning Commission. Acting Chair Lemke opened the public hearing. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER WESTBERG TO POSTPONE THE ORDINANCE AMENDMENT REGARDING THE FEMA MAPS AND CONTINUE THE PUBLIC HEARING TO THE OCTOBER 11, 2011 PLANNING COMMISSION MEETING, CASE NO. OA 11-02. MOTION CARRIED 4-0. 6. 1. AUAR Open House Mr. Barnhart stated that the Alternative Urban Area Review open house is scheduled for Monday, September 26, 2011 at 6:30 pm. at the Elk River City Hall. He explained that this process is the first step in implementing the FAST StudyPlan adopted bythe CityCounciL The Planning Commission is invited to attend this event. 7. Adiournment There being no further business, MOVED BY COMMISSIONER BELL TO ADJOURN THE MEETING. The meeting of the Elk River Ptann' ~ Commission adjourned at 7:47 p.m. • Planning Commission Mnutes September 19, 2011 • I~tinutes prepared D bbie Huebner. Tina Allard City Clerk ~~.~ d Peter Lemke Acting Chair Page 5 •