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10-11-2011 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER I I, 201 1 Members Present: Chair Ives, Commissioners Bell, Johnson, Lemke, Scott and ~~'estberg Members Absent: Commissioner Anderson Staff Present: Jeremy Barnhart, Planning Manager; Chris Leeseberg, Planner/Park Planner; Nicki Blake-Bradley, Environmental Technician; Debbie Huebner, Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Plamiing Commission was called to order at 6:30 p.m. by Chair Ives. 2. Consider 10/11/11 Planning Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE OCTOBER 11, 2011 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. • 3. Consider 8/9/11 Planning Commission Minutes MOVED BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE AUGUST 9, 2011 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Bell will attend the October 17, 2011 City Council meeting. 5.1. Request by Cornerstone Auto Resource for Preliminary and Final Plat Approval for plat of Jabez, Public Hearing= Case No. P 11-01 5.2. Request by Cornerstone Auto Resource for Conditional Use Permit. Public Hearing-Case No. CU 11-16 The staff report was presented by Planning Manager Jeremy Barnhart. Mr. Barnhart reviewed the request by Cornerstone Auto Resource for preliminary and final plat of Jabez, and a Conditional Use Permit (CUP). Staff recommended approval of the requests with the conditions listed in the staff reports for these items. Chair Ives opened the public hearing. Steve Rohlf, representing Cornerstone Auto Resource, 17219 Highway 10 -stated he was in • full agreement with the conditions recommended by staff. He noted that the project may not begin until next spring and questioned the two-year completion time. Mr. Barnhart Plannuig Commission Minutes October 11, 2011 ------------------ stated that the applicant could ask for an extension. Mr. Rohif asked if the project would be considered "substantially complete" if the showroom was done, but the sei-~-ice and parts warehouse may not He stated that the service and parts warehouse will not have the same materials as the showroom. He explained that tip-up panels are proposed and questioned whether or not the Planning Commission would approve use of the panels. Mr. Barnhart stated that it is fairly t<-pical that the sides of a building may not be of the same materials as the front of a building. Mr. Rohlf discussed the proposed signage for the project. He stated that he was not aware that a variance was an option and planned to immediately follow up with a variance application for the signage. He stated he would like feedback from the Commission on the tip-up concrete panels. Chair Ives asked staff if it would premature to act on the applications at hand when a variance application is being considered. Mr. Barnhart stated no, that the Planning Commission could act on them if they so choose. Mr. Barnhart stated that he is not willing to negotiate this evening on what is considered "substantially complete. Mr. Rohlf stated that he would like to request a longer time frame for "substantial" completion of the project; since he is quite sure it will take longer than the two years. Commissioner Westberg asked how this project fit in with the "FAST" Study plan. Mr. Barnhart stated that this business is allowed within the plan and will be allowed with the new ordinances that will be put in place. He explained that the FAST study recognizes that the _ access and uses will change and property owners are to be aware of the changes. Commissioner Scott stated he does not have a problem with extending the time frame for the CUP. He stated he also does not object to the tip-up panels as long as they are an approved building material Mr. Rohlf stated that the tip-up panels are not currently approved in this zone. Mr. Barnhart stated that the issue is what the tip-up panel will look like. Commissioner Scott asked the applicant if he was planning to .use a type of tip-up panel that meets the aesthetic goals of the ordinance. Mr. Rohlf stated he was not planning to use the expensive architectural panels. He stated that the service and parts warehouse area will be tucked in back of the site. Commissioner Scott stated he is not against tip-up panels, but he did not feel the Commission could approve them if they are not allowed currently. He stated that this would be like embedding a variance within the CUP. Commissioner Bell stated he did not feel the tip-up panels were an issue. He stated he would support a time frame of four years for "substantial" completion of the CUP. Mr. Barnhart stated that staff looks at the project as a whole, to see if it meets the ordinance. Discussion followed regarding tabling the plat and CUP to coincide with the variance application. Mr. Rohlf stated that he will apply for the variance and did not have an issue with tabling the request. He stated that he will provide examples of what the service area and parts warehouse materials would look like. Commissioner Westberg stated that he would like to see photos of the site from Highway 10 and a drawing to show the location of the service area and parts warehouse, so that the Commission will have an idea of how much of this part of the building will be visible from the highway. There being no further public comments, Chair Ives closed the public hearing. Page 2 • t • Planning Commission l~finutes October 11, 2011 Commissioner Lemke stated he would like a workshop meeting to discuss the issue of "substantially complete", the building materials, and signage. Commissioner Lemke asked if aesthetics are addressed in the ordinance. 1\Ir. Barnhart explained that staff looks at the materials to see if the o~-erall goal of the ordinance is met MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO TABLE ITEMS 5.1 AND 5.2 TO THE DECEMBER 13, 2011 PLANNING COMMISSION MEETING. MOTION CARRIED 6-0. It was the consensus of the Commission to meet in a workshop session on October 27, 2011. 5.3. Reduest by The Home Depot for a Conditional Use Permit to amend PUD agreement, Case No. CU 11-17a 5.4. Reduest by The Home Depot for a Conditional Use Permit for Penske Truck Rental, Case No. CU 11-17b The staff report was presented by Planner Chris Leeseberg. Mr. Leeseberg noted that truck rental is currently not allowed in the PUD. Mr. Leeseberg discussed issues with the locating of the parked trucks and whether or not advertising on the trucks should be considered "signage". Staff is recommending that the PUD be amended to include language allowing the leasing of moving/delivery trucks, as noted in the staff report to the Commission dated • October 11, 2011. Chair Ives opened the public hearing. David Behrens of GreenbergFarrow -stated he was representing the applicant. He stated the Penske truck rental was a new program for The Home Depot. Commissioner Scott asked if there would be any maintenance of vehicles on site. Mr. Behrens stated that is not their intent. Chair Ives asked if there would ever be more than six vehicles on site. Mr. Behrens stated that most of their sites have 2 - 4 trucks and that their hope is that the trucks will be on the road, not sitting on site. Commissioner Westberg asked if there was any possibility of an agreement for advertising on the trucks. Mr. Barnhart stated that the city cannot regulate what is on the trucks, noting that is part of the reasons staff has recommended locating the parked trucks away from the entrance. Chair Ives asked if there is a possibility more than six trucks could be on site. Mr. Barnhart stated that the goal is to keep them on the road, and he did not feel this was a potential issue. Chair Ives asked if staff feels there is a potential traffic issue with the parked trucks. Mr. Barnhart stated no, and that is why staff is recommending placing a limit of 26-ft. long trucks to be parked. He felt that this restriction would prevent trucks from blocking the drive aisle and they would fit in a parking stall. • Page 3 Plannuig Commission Minutes October 11, 2011 5.5. Page 4 There being no further public comment, Chair Ives closed the public hearing. MOTION BY COMMISSIONER BELL AND SECONDED BY • COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT TO AMEND PUD AGREEMENT, CASE NO. CU 11-17A. MOTION CARRIED 6-0. MOTION BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR PENSKE TRUCK RENTAL, CASE NO. CU it-17B, WITH THE FOLLOWING CONDITIONS: 1. THE PUD AGREEMENT SHALL BE AMENDED TO INCLUDE LANGUAGE ALLOWING THE LEASING OF MOVINGIDELIVERY TRUCKS. TRUCKS NOT TO EXCEED 26 FEET. 2. SIX DEDICATED PARKING STALLS SHALL BE PROVIDED AT THE SOUTH END OF THE WESTERLY OUTERMOST PARKING, AS SHOW ON THE SITE PLAN SHOWN AS EXHIBIT A. 3. NO MORE THAN SIX RENTAL TRUCKS SHALL BE ON SITE AT ANY GIVEN TIME. NO DRIVE AREA MAY BE OBSTRUCTED. MOTION CARRIED 6-0. Request by City of Elk River for Ordinance Amendment Regarding FEMA Maps. Public Hearing -Case No. OA 11-02 • Mr. Barnhart stated that a revised draft ordinance amendment has been distributed to the Commissioners. He explained that he and Nicki Blake-Bradley met with a DNR representative that afternoon and the revised ordinance reflects recommendations made by the DNR. He stated that the attached memo explains the seven changes which have been made. Ms. Blake-Bradley stated that the newly revised draft ordinance is the most current and complete and reflects all of the changes requested by the DNR and FEMA, and it has been sent to the DNR for the approval. The ordinance must be adopted by the City Council by November 16, 20111, in order for the city to be eligible for the National Flood Insurance Program. She stated that staff has made all the changes to the city's floodplain ordinance requested by the DNR and FEMA. Commissioner Westberg asked if the city's ordinance language is similar to other cities that must comply with FEMA regulations. Ms. Bradley stated that the model ordinance provided by the DNR was written to encompass cities that did not currently have a floodplain ordinance. She stated that since Elk River already had an ordinance, the DNR allowed the city to revise its ordinance to comply with the new rules and regulations within the model ordinance. The revisions have also been reviewed by the city attorney. She explained some of the changes required by the DNR. Commissioner Johnson asked if the new ordinance applies to new construction/uses or existing, and if there were examples of areas that would be affected by changes to the • ordinance. Ms. Blake-Bradley explained that the ordinance applies to any parcel or area that Planning Commission Minutes October 11, 2011 falls within a special flood hazard area, as shown on flood insurance rate maps supplied by • FEI~L~. A flood study a%as done through the county to update and improve the current flood plain maps. The new maps will be in effect November 16, 2011. Commissioner Johnson asked where the maps could be viev~-ed. Ms. Blake-Bradley stated that staff could make copies, but they are rather large. She suggested going to the city's website, or ~-isiting Sherburne County's Beacon website. ~ parcel can be brought up and by turning on the flood insurance rate maps feature, making it possible to see if it is in the floodplain, and whether or not it is flood way or flood fringe. Chair Ives asked if the city's floodplain area increased or decreased. Ms. Blake-Bradley stated it changed rather dramatically in several areas. She explained that the areas along the Mississippi River did not change much. .~ detailed study was done on die Elk River where it starts in Sherburne County down to Lake Orono, and also along Trott Brook, and significant changes were made in these areas. Some homes previously designated floodplain were not anywhere near the flood line, and other areas were found the line to be much closer. She noted that this was not a surprise to the property owners since there was a history of high water. Ms. Blake-Bradley explained that the mapping does still allow for map revision through FEMA at their discretion, to remove a structure or a portion of a property due to discrepancies with elevation. Chair Ives as if revisions to maps were made quite often. Ms. Blake-Bradley stated, no that revisions are very seldom done. She stated the last maps were done May 4, 2000. The city will be using the new ones to be adopted November 16, 2011. Commissioner Westberg asked if properties outside of the floodplain are not eligible for • flood insurance. Ms. Blake-Bradley stated no, that if a structure is existing, a mortgagor may require flood insurance. The city can then look at whether or not the property is in the floodway, since no structure can increase the flood stage on any property. Chair Ives questioned how property owners find out about the new map revisions. Ms. Blake-Bradley stated that people generally find out when refinancing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER BELL TO RECOMMEND APPROVAL OF THE REQUEST BY CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT, AMENDING THE CITY OF ELK RIVER LAND USE REGULATIONS Other Business Mr. Barnhart noted that a Planning Commission workshop will be scheduled for October 25, 2011 at 6:30 p.m. adjournment There being no further business, CHAIR IVES ADJOURNED THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:35 p.m. Minutes prepared by Debbie Huebner Page 5 t Planning Commission, Minutes October~ll, 2011 ~,,, --- Tina Willard Cit<- Clerk oS-Iv atr Page 6 • •