Loading...
03-24-1998 PC MIN . . . ~ rmrn'''mrm~nrr,f'l Itur~~~lYJ~ ltW MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 24, 1998 Members Present: Chair Mesich, Commissioners Chambers, Cote, Kuester, Morris, Schuster and Thompson Members Absent: None Staff Present: Scott Harlicker, Assistant Planner; Steve Rohlf, Building and Zoning Administrator; Debbie Huebner, Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:55 p.m. by Chair Mesich. COMMISSIONER KUESTER MOVED TO APPROVE THE MARCH 24, 1998 PLANNING COMMISSION AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED -0. COMMISSIONER THOMPSON MOVED TO TABLE CONSIDERATION OF THE FEBRUARY 24, 1998 MINUTES UNTIL THE APRIL 28, 1998, PLANNING COMMISSION MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Commissioner Morris indicated he may not be able to attend the April 20, 1998 City Council meeting. Commissioners Thompson and Cote are available to attend. 5.1. Request by City of Elk River for Conditional Use Permit - Lake Orono Improvement Proiect Public Hearing Case No. CU 98-6 Staff report by Steve Rohlf. Steve providing background information leading to the Lake Orono Sedimentation and Water Quality Study which was completed in October of 1997. As a result of the study, the City is requesting a conditional use permit to excavate approximately 115,000 cubic yards of sediment from Lake Orono and dispose of it on sites adjacent to the lake. Steve reviewed the lake study findings and the proposed project as outlined in his memo to the Planning Commission dated March 24, 1998. Staff recommends approval of the project with the stipulations outlined in the report. It is anticipated the lake will be lowered August 151 and the necessary work completed by October 3151. Steve Planning Commission Minutes March 24, 1998 Page 2 . explained the river will still run through the lake during the process, but will be diverted away from areas where they are working. Steve reviewed comments in letters from the Minnesota Historical Society and the Minnesota Department of Natural Resources. A search was done by the DNR of the Minnesota Natural Heritage data base for rare plant species, habitats and animals. The search indicated 4 sitings of Blandings turtles within a mile of the lake. The concern is that the turtles begin wintering in the lake October 1 sl and so the goal is to complete the project as soon as possible. The only rare plant species identified in the project area is the creeping juniper. This plant grows on the riverbank and care will be taken not to disturb any of these plants which may be found in the path of entry to the lake. Also, an oak forest dry subtype was listed, but this simply means it may be within a mile of the lake and would not be impacted by the lake project. Steve Rohlf reviewed the proposed disposal sites. He indicated the goal is to deposit 2% or less organic matter on the disposal sites where future development is possible (Bickman's, Hartman's and Wapiti Campground). Chair Mesich thanked Steve Rohlf for his work on the project. Tom Goenner, 13701186th Avenue NW, questioned if his property would be affected by the trench which will be cut on the Bickman property. Steve explained a swale will be cut and stabilized with rip-rap to protect the adjacent lake properties. . steve Lucas, Island View proposed disposal site property owner, questioned how much fill would be placed on his property. Steve Rohlf indicated 1,170 cubic yards would be placed on his property. Mr. Lucas asked if the fill will settle later, and also, if grass would grow on the dredged material. Steve Rohlf explained there should not be a problem with an unusual amount of settling. A resident from the audience stated he has found that the dredged material grows grass very well. Steve Rohlf advised Mr. Lucas if he is uncomfortable about having the material placed on his property, he should not do it. Mike Boelter, owner of Custom Motors, 13913 Highway 10, indicated he had been informed the disposal sites would not be buildable. Steve Rohlf indicated that information was not correct. Mr. Boelter expressed concern the drainage on his property will be affected. Steve Rohlf explained the drainage plan for the site in question, noting that the drainage onto Mr. Boelter's property will actually be improved. There being no further comments from the public, Chair Mesich closed the public hearing. Commissioner Chamber asked what steps will be taken to keep the lake from refilling with sedimentation. Steve Rohlf explained it has taken many years for the sedimentation to reach its present level, and the City will be actively working with the Watershed Board and Sherburne County to protect and improve the lake. . COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR A CONDITIONAL USE PERMIT FOR THE LAKE ORONO . . . Planning Commission Minutes March 24, 1998 Page 3 IMPROVEMENT PROJECT, PUBLIC HEARING CASE NO. CU 98-6, WITH THE FOLLOWING STIPULATIONS: 1. THE APPROVAL OF THE CITY'S CONDITIONAL USE PERMIT IS CONTINGENT ON THE CITY COUNCIL FINDING THAT THE EAW PROCESS DID NOT IDENTIFY THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN EIS. 2. THE CITY'S APPROVAL IS CONTINGENT ON THE ISSUANCE OF THE FOLLOWING OTHER PERMITS: PROTECTED WATERS PERMIT BY THE DNR WATER APPROPRIATION PERMIT BY THE DNR INDIVIDUAL USACE PERMIT WATER QUALITY CERTIFICATION (401) BY MPCA STATE DISPOSAL SYSTEM PERMIT BY MPCA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT BY MPCA COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.2. Reauest bv CAMAS, Minnesota, Inc. for Conditional Use Permit for Mineral Excavation, Public Hearing Case No. CU 98-5 Staff report by Steve Rohlf. CAMAS Minnesota, Inc. is requesting a conditional use permit for mineral excavation to mine sand and gravel from a 5.85 acre site zoned ME (Mineral Excavation Overlay District) in Section 10, Township 33, (north of County Road No. 77 at 213th Avenue). Steve noted that a meeting was held by CAMAS with the neighborhood residents which went well. Chair Mesich opened the publiC hearing. J.D. Lair of CAMAS Minnesota, Inc. indicated they are anticipating a 5 year operation to mine the site. He asked that CAMAS be allowed flexibility to mine the site from north to south. Steve Rohlf indicated that would not be an issue. There being no further public comment. Chair Mesich closed the public hearing. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CAMAS, MINNESOTA, INC. FOR A CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION, PUBLIC HEARING CASE NO. CU 98-5, NOTING THERE WAS NOT OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING STIPULATIONS: 1. UNDER THE CONDITIONS AND STIPULATIONS CONTAINED IN THE ATTACHED CONDITIONAL USE PERMIT. 2. THAT THE WETLANDS ON THE PROPERTY ARE DELINEATED AND REVIEWED BY CITY STAFF PRIOR TO MINING OPERATIONS COMMENCING. 3. THAT IN 1998 TREES MAY BE CUT AFTER APRIL 15TH UNDER THE DIRECTION OF STAFF TO AVOID INTRODUCTION OF OAKWILT TO THE AREA. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Planning Commission Minutes March 24. 1998 Page 4 . 5.3. Reauest by Livina Waters Church for Conditional Use Permit. Public Hearing Case No. CU 97-4 Staff report by Scott Harlicker. Living Waters Church has requested a conditional use permit to utilize space in Elk River Plaza as a evangelical meeting center. The church is currently occupying space formerly used by Video Update, on a temporary basis until they can find a permanent location for their church. The church is working with the Building Official for compliance with all building and fire codes. Scott reviewed issues related to parking, hours of operation and possible future relocation of the church to the County Market site. Discussion followed regarding parking needs. Commissioner Thompson expressed her concern for approval of the conditional use permit request, knowing that parking will be a problem if a tenant is found for the large empty space in the mall. Scott indicated parking issues be need to be re-evaulated when that time comes. Chair Mesich opened the publiC hearing. Pastor Bob Pullar of River of Life Church indicated the site will be used as a ministry center and not for Sunday services. There being no other comment from the public, Chair Mesich closed the public hearing. . COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST FOR A CONDTIONAL USE PERMIT BY LIVING WATERS CHURCH, PUBLIC HEARING CASE NO. CU 98-4, WITH THE FOLLOWING CONDITIONS: 1. FUTURE RELOCATION WITHIN THE MALL WOULD REQUIRE AN AMENDMENT TO THIS CONDITIONAL USE PERMIT AND THE APPLICATION FEES RELATING TO THAT AMENDMENT BE WAIVED. 2. ALL CONDITIONS OUTLINED IN CONDITIONAL USE PERMIT NO. CU 93-25 APPLY TO THIS NEW CONDITIONAL USE PERMIT. 3. ALL SIGNAGE SHALL COMPLY WITH THE ELK RIVER PLAZA PUD AGREEMENT AND THE CITY SIGN CODE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.4. Reauest by Grace Assembly of God Church for Conditional Use Permit. Public Hearing Case No. CU 98-8 Staff report by Scott Harlicker. Grace Assembly of God Church is requesting a conditional use permit to allow them to utilize space in a building located a 16820 Highway 10. The church will be occupying space between retail businesses and Business Incubator tenants. Only interior alterations are proposed and the church will be working with the Building Official to ensure compliance with all building and fire codes. . Planning Commission Minutes March 24, 1998 Page 5 . Scott reviewed parking issues, indicating there is a shortage of 45 required stalls for the site. He indicated the Business Incubator tenants have requested the 7 spaces near the drainage pond be reserved for the business center at all times. Staff recommends denial of the conditional use permit due to inadequate available parking. Chair Mesich opened the public hearing. John Weicht, 13333 Island View Drive, representing the property owner, Larry Hickman, indicated he did not feel the church would need the number of parking stalls required by the city's ordinance. He stated the primary hours of operation for the church would be before noon on Sundays and should not interfere with the Business Incubator activities. Mr. Weicht felt the church's proposal was a good temporary use for the space. He did not feel parking would be a problem, but if so, additional parking could be added as necessary. There being no other comments from the public, Chair Mesich closed the public hearing. Commissioner Kuester expressed concern for the traffic flow in this entire area and should be addressed in the future. Commissioner Cote stated parking is going to be a problem for this site with any type of use. . Commissioner Thompson felt the use proposed by the church would cause the least amount of problems. John Weicht stated he anticipates the life of the building at 5 - 10 years, depending on when city water and sewer is extended. COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY GRACE ASSEMBLY OF GOD CHURCH FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 98-8, WITH THE FOLLOWING CONDITION: 1. THE SEVEN SPACES NEAR THE DRAINAGE POND SHALL BE RESERVED FOR THE BUSINESS INCUBATOR TENANTS. 2. IF PARKING IS DETERMINED TO BE A PROBLEM, THE APPLICANT SHALL ADD AS MANY ADDITIONAL PARKING SPACES AS NEEDED. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. Reauest by City of Elk River for Conditional Use Permit for Librarv Parkina Lot Expansion, Public Hearina Case No. CU 98-7 . staff report by Scott Harlicker. The City of Elk River is requesting a conditional use permit to improve and expand the public library parking lot by adding 17 additional patron stalls. Scott reviewed the site plans for Options A and B. Staff recommends approval of Option A with the 9 conditions listed in the staff report. . . . Planning Commission Minutes March 24. 1998 Page 6 Chair Mesich opened the public hearing. Murray McNair, 1227 Main Street, Library Board representative, expressed his concern the suggestions he had made were not incorporated into either option. It was the consensus of the Planning Commissioners to postpone any action on this item until a plan was prepared for review which the Library Board was comfortable with. COMMISSIONER THOMPSON MOVED TO POSTPONED ACTION ON THE CITY'S REQUEST FOR A CONDITIONAL USE PERMIT, AND CONTINUE THE PUBLIC HEARING, CASE NO. CU 98-7, UNTIL THE APRIL 28, 1998, PLANNING COMMISSION MEETING. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.1. Action on Plannina Items at 3116198 City Council Meeting Chair Mesich updated the Commissioners on action taken at the March 16, 1998 City Council meeting. 7. Adiournment There being no other business, COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. The Elk River Planning Commission meeting adjourned at 10:05 p.m. Respectfully submitted, ~~~ Debbie Huebner Recording Secretary