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11-23-1999 PC MIN . . . &~m@w~~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 23,1999 Members Present: Chair Mesich, Commissioners Chambers, Kuester, Thompson and Schuster Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Stephen Wensman, Planner; Debbie Huebner, Recording Secretary 1 . Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:52 p.m. by Chair Mesich. 2. Consider 11/23/99 Plannina Commission Aaenda COMMISSIONER THOMPSON MOVED TO APPROVE THE NOVEMBER 23, 1999, PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 9/28/99 Plannina Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE SEPTEMBER 28, 1999, MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Chair Mesich abstained. 4. Plannin<;:l Commission Representative to Attend December Citv Council Meetinq Commissioner Schuster will attend the December 20, 1999, City Council meeting. 5.1. Request by NRG Enerqy, Inc. for Renewal of Conditional Use Permit for Solid Waste Facility, Public Hearinq Case No. CU 99-33 Staff report by Steve Rohlf. NRG is requesting approval for the renewal of their conditional use permit and solid waste license to operate a Refuse Derived Fuel Plant (RDF) at 165th and Highway 10. Mr. Rohlf explained that problems experienced early in the plant's operation have been worked out. NRG has found ways to avoid processing improper waste and has significantly reduced the risk of fires and explosions. Mr. Rohlf reviewed proposed language changes in the permit, including changes in hours and number of trucks. He noted that changes have been included to accommodate the Highway 169/101 bridge construction. Planning Commission Minutes November 23, 1999 Page 2 . Staff recommends approval of the renewal of NRG's conditional use permit and solid waste license with the proposed changes. Chair Mesich opened the public hearing. Bill Helliwell, NRG Plant Manager, invited members of the Commission to visit the facility. He explained that since the plant opened, 4.5 million tons of waste have been processed, thereby keeping 3.5 million tons out of the landfill. Mr. Hallowell noted that the RDF plant has been operating at capacity since 1996. Chair Mesich questioned how cost of power generated by RDF compares to the cost of producing other types of power. Mr. Hallowell explained that it is difficult to compare to other big producers such as SherCo, but that the cost has proven to be even more economical than expected. Ed Specht, resident on Mason Avenue in Otsego, expressed his concern for litter blowing onto adjacent properties. He felt that the city is lowering its standards for litter control and the issue needs to addressed. Mr. Rohlf stated that he has spoken to NRG about litter and he has done inspections at the site. He feels that most of the litter is from the fenders and wheels of trucks leaving the facility. . Mr. Stotenberg of NRG stated that a letter is sent out to the haulers explaining the litter control policy and they will be fined if they are found to be in violation. Also, NRG is responsible for cleaning up the highway for one mile in each direction from the plant. Mr. Helliwell explained that there is a chain link fence around the property, which does catch some of the litter. Employees pick up litter on a daily basis and a janitorial crew is contracted to pick up on a weekly basis. Mr. Hallowell stated that he has received less than five calls from Cargill since they began operations. There being no further public comment, Chair Mesich closed the public hearing. Mr. Rohlf stated that the permit language calls for litter pickup once a week, but that a mechanism is included to require litter control more often, if needed. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY NRG ENERGY, INC. FOR RENEWAL OF THE CONDITIONAL USE PERMIT FOR A SOLID WASTE FACILITY, PUBLIC HEARING CASE NO. CU 99-33, WITH THE CHANGES AS RECOMMENDED IN THE STAFF REPORT DATED NOVEMBER 23, 1999. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Reauest bv GRE for Renewal of Conditional Use Permit for Solid Waste Facility, Public Hearing Case No. CU 99-34 . Staff report by Steve Rohlf. Great River Energy (GRE), formerly known as United Power Association (UPA), is requesting approval of the renewal of their conditional use permit and solid waste permit to burn Refuse Derived Fuel (RDF) at their Elk River electrical generation station. Mr. Rohlf reviewed proposed additions and deletions in the document language. He stated that the scrubber, Planning Commission Minutes November 23. 1999 Page 3 . which was installed. does a good job of preventing contaminants from being released into the air. Mr. Rohlf noted that the City of Elk River, Sherburne County and UPA testified before the state legislature in support of stricter regulations for burning RDF. GRE has recently installed $1 million in new monitoring equipment. Mr. Rohlf explained that in the first year of operation, the facility had 22 exceedences of air contaminants (mainly, carbon dioxide) and this year, there have been none. He stated that changes in the routes and hours for hauling are included in the revised permit and license. Staff recommends approval of the request by GRE with the proposed changes. Chair Mesich opened the public hearing. Wayne Hanson, Manager of GRE power plant, stated that their emission levels are very low. He felt that GRE has worked hard to respond to issues that have arisen and they strive to be a "good neighbor" in the community. Commissioner Mesich questioned if there have been any odor complaints. Mr. Rohlf stated that there have been odor complaints and that a mechanism is in place to respond. Some measures, which have been required, include shutting the doors on hot days and the use of deodorizers. Mr. Rohlf noted that in the past, some odors, which were thought to have come from this facility, were actually caused by the pig farm east of town, or the city's waste water treatment facility. . Discussion followed regarding stack testing. Mr. Rohlf stated that GRE has been required to provide testing for all seasons in order to have a complete data base. Mr. Rohlf noted that changes in GRE's permit and license also include changes in the restricted hauling hours with provisions for the Highway 169/101 bridge construction. There being no further comments from the public, Chair Mesich closed the public hearing. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GREAT RIVER ENERGY (GRE) FOR RENEWAL OF THEIR CONDITIONAL USE PERMIT FOR A SOLID WASTE FACILITY, PUBLIC HEARING CASE NO. CU 99-34, WITH THE MODIFICATIONS PROPOSED IN THE STAFF REPORT DATED NOVEMBER 23, 1999. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Reauest by Dynamics, Lamm and Dehrer. L.L.P. for Preliminary Plat (Windsor Park!. Public Hearina Case No. P 99-12 . Staff report by Steven Wensman. Dynamics, Lamm and Dehrer, L.L.P. is requesting preliminary plat approval to subdivide 57.03 acres into 31 single family lots, with over 50% of the development permanently protected as open space by a conservation easement as open space. The property is located west of Elk Lake Road, just south of County Road No. 33. Mr. Wensman noted that this is the first cluster development proposed under the new cluster ordinance. The property consists of 21 acres of open meadow and 36 acres of woods. The 31 lots are proposed to be clustered around the woods and will be served by a community septic system. Planning Commission Minutes November 23, 1999 Page 4 . Mr. Wensman reviewed issues associated with the plat regarding density, park and trails, the preserved open space, landscaping and screening, entrance signage, grading and drainage, access, tree preservation, well and septic systems, and the homeowners association. Mr. Wensman explained the park dedication options, which were considered. He stated that the Park and Recreation Commission and staff recommend acceptance of the 12.06 acres of wooded open space as city park land. Mr. Wensman noted that a limited amount of tree removal would be necessary to install drainage pipes into the park. He explained that the City Engineer believes the drainage into the park would be minimal, because the soil is sandy and should percolate quickly. Mr. Wensman pointed out which trails would be public and which would be private. Commissioner Chambers asked what type of trails will be constructed. Mr. Glines stated that the trails will be bituminous. Mr. Glines explained some of the amenities proposed for the development, including the entrance, light posts, community well for irrigation of the gardens, etc. Commissioner Chambers asked what the treatment sites would look like. Mr. Glines stated that there will be 3 alternating drain fields, of which two would be operating at one time and one would be down. Commissioner Chambers asked if there would be pipes sticking up out of the ground. Mr. Glines stated that there will be some pipes and they will do their best to screen them. . Mr. Glines explained what the front yard setbacks would be for the lots in the plat and why. Chair Mesich opened the public hearing. William Zacharda, 13446 Ranch Road, had questions regarding the proposed community septic system and asked if the 100 year flood elevations were taken into consideration. Mr. Glines stated that clustered septic systems are more closely monitored than individual systems. Mr. Glines explained that flood elevations were considered and any overflow will go to a drainage area which will not impact the clustered septic systems. Mr. Glines noted that monitoring wells will be located on the property, and the results will be submitted to the MPCA. Mr. Zacharda expressed concerns with the proposed development, including his loss of privacy, the impact on hunting his land, and increased liability if residents trespass on his property. Skip Abel, 21031 Elk lake Road, asked for clarification regarding the location of Mr. Lamm's driveway. Mr. Glines explained that the access will be moved off the county road and will be off of 212th Street. Mr. Abel stated he was not opposed to the development. . Matt James, 21272 Elk lake Road, asked questions regarding restrictive covenants and the value of the proposed homes. Mr. Glines stated that the covenants will include a minimum square footage of 1,600 square feet 3-car garages (side or rear loaded), front porches noting that the development would be geared toward an upper scale market ($240,000 - 500,000 homes). Planning Commission Minutes November 23, 1999 Page 5 . . 2. 3. 4. 5. 6. . Mr. James asked if he would be affected by the covenants. Chair Mesich explained that the zoning of his property would not change and he would be able to use his property in the same way he can presently. Lana Huberty, Park & Recreation Commission representative, explained that the Commission recommends approval of the city park as part of this plat, even though the area is not identified on the Master Park Plan. She stated that the Commission will be updating the Master Plan and will include some areas which are not in the city sewer and water district, and may be suitable for cluster development. Chair Mesich asked who would be responsible for removing the understory brush and trees in the park. Mr. Glines indicated that he would remove it if the city wants it removed, or it can be left. There being no further public comment, Chair Mesich closed the public hearing. Chair Mesich asked if Mr. Glines has contacted the Minnesota Land Trust. Mr. Glines stated that he has talked with them. He explained that there are other entities which can hold the open space in a trust. For example, the open space in his cluster development in Cass County (Leech Lake) will be held by the Cass County Soils Service. Ms. McPherson stated that each cluster development will be reviewed on its own merit. She noted that after further study, a change was made in the cluster development ordinance to remove the option for individual septic systems, and to allow an automatic 15 percent density bonus to encourage the use of community septic systems. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY DYNAMICS, LAMM AND DEHRER, LLP, FOR PRELIMINARY PLAT APPROVAL (WINDSOR PARK), PUBLIC HEARING CASE NO. P 99-12, WITH THE FOLLOWING CONDITIONS: 1. THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE PRELIMINARY PLAT. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO FINAL PLAT. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO.1 BE OBTAINED FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. - Planning Commission Minutes November 23, 1999 Page 6 . 7. THAT 12.06 ACRES OF LAND BE ACCEPTED FOR PARK TO SATISFY PARK DEDICATION REQUIREMENTS AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION. 8. THAT A BITUMINOUS TRAIL BE INSTALLED AROUND THE PARK AND IN THE COMMUNITY OPEN SPACE CONNECTING THE PARK TO ELK LAKE ROAD IN THE FIRST PHASE OF THE DEVELOPMENT AND THAT THE DEVELOPER BE REIMBURSED FOR THE COST OF THE TRAIL CONSISTENT WITH CITY POLICY. 9. THAT AN EASEMENT BE GRANTED TO THE CITY FOR THE TRAIL THAT PROVIDES PUBLIC ACCESS THROUGHOUT THE COMMUNITY OPEN SPACE CONNECTING THE PARK TO ELK LAKE ROAD. 10. THAT THE TRAIL THROUGH LOT 1, BLOCK 5, BE MOVED TO THE PUBLIC RIGHT-OF- WAY. 11. THAT A TRAIL OR SIDEWALK BE CONSTRUCTED FROM OUTLOT A IN THE PUBLIC RIGHT-OF-WAYS OF 212TH AVENUE AND LANDERS STREET TO THE EDGE OF THE PLAT IN THE FIRST PHASE OF THE DEVELOPMENT. 12. THAT 32.46 ACRES OF LAND BE PLACED IN A CONSERVATION EASEMENT WITH 12.06 BE HELD BY THE CITY FOR PARK PURPOSES AND 20.4 BE HELD BY THE HOMEOWNER'S ASSOCIATION, OR A QUALIFIED LAND TRUST. . 13. THAT UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE- YEAR PERIOD. 14. THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 15. THAT TEMPORARY CUL DE SACS BE PROVIDED AS DETERMINED BY THE CITY ENGINEER. 16. THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 17. THAT A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 18. THAT A LANDSCAPE PLAN BE PROVIDED THAT SHOWS ONE STREET TREE PER LOT, TWO ON CORNER LOTS AND THAT THE REQUIRED YARD TREES BE LOCATED BEHIND THE LOTS IN BLOCK 4, AND ADJACENT LOT 13. 19. THAT ALL THE MAIL BOXES IN THE DEVELOPMENT BE CLUSTERED. . Planning Commission Minutes November 23, 1999 Page 7 . 20. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PROTECTED SHALL BE FENCED WITH A SNOW FENCE AT THE DRIPLlNE TO PREVENT GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT. 21. THAT AN ENDOWMENT TO THE CONSERVATION EASEMENT HOLDER BE PROVIDED WHERE THE PRINCIPLE WOULD GENERATE SUFFICIENT ANNUAL INTEREST TO COVER THE HOLDER'S YEARLY COSTS TO ENFORCE THE CONDITIONS OF THE EASEMENT. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mr. Glines indicated that he has worked closely with the Park & Rec Commission, staff and the city engineer on this project. He stated that he hopes to create a type of lifestyle with the clustering concept and hopes that the city will see more of these types of development in the future. 6.1. Update on 10/18/99 City Council Meeting Commissioner Thompson provided an update on planning issues discussed at the October 18th and October 11 th City Council meetings. 6.2. Update on 11/15/99 City Council Meetinq . Commissioner Schuster provided an update on planning items reviewed by the City Council at their November 15th meeting. 6.3. Consider 10/12/99 Planninq Commission Minutes COMMISSIONER THOMPSON MOVED APPROVAL OF THE OCTOBER 12,1999, SPECIAL MEETING PLANNING COMMISSION MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Commissioner Chambers abstained. 6.4. Update Item Michele McPherson explained that two candidates for the Planning Commission were interviewed by the City Council on November 15th and two others will be interviewed on December 20th. Chair Mesich stated that an additional application will be coming in from Skip Abel. 7. Adiournment There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. T~eeting ?f the Elk River Planning Commission adjourned at 8:26 p.m. ~)~<PI~. Debbie Huebner . Recording Secretary