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04-22-2003 PC MIN ~ j,l. ,~ 'l;j/, . ,'I Jl1" 'i. fie} MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 22, 2003 Members Present: Chair Pederson, Commissioners Anderson, Franz, Jenson, Lemke, Offerman and Ropp Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Stephen Rohlf, Building & Zoning Administrator; Planner; Peter Beck, City Attorney; Debbie Huebner, Recording Secretary 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 Pederson. 2. Consider 4/22/03 Planning Commission Agenda COMMISSIONER JENSON MOVED TO APPROVE THE APRIL 22, 2003 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider 3/25/03 Planning Commission Minutes COMMISSIONER JENSON MOVED TO APPROVE THE MARCH 25,2003, MINUTES WITH CORRECTIONS TO REMOVE ALL REFERENCES TO CHAIR PEDERSON AND REPlACE WITH VICE-CHAIR ANDERSON. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend May City Council Meeting Commissioner Anderson will attend the May 19, 2003 City Council meeting. 5.1. Request by Schmidt Gravel Mining for Rezoning to Mineral Excavation. Public Hearing - Case No. ZC 03-01 Request by Schmidt Gravel Mining for a Conditional Use Permit for Mineral Extraction. Public Hearing - Case No. CU 03-02 5.2. Building and Zoning Administrator Steve Rohlf reviewed the history of Roger Schmidt's request for a rezoning and conditional use permit. He explained that Mr. Schmidt has negotiated an easement across the property owned by Aggregate Industries in order to avoid the issue of truck. traffic using Highway 169 as a haul road. He described the location of the private easement. Mr. Rohlf noted that MN/DOT would need to approve the request for outside sales. Mr. Rohlf reviewed a condition regarding any archeological finds on the site. ~1~ . . . Planning Commission Minutes April 22, 2003 Page 2 Staff recommends approval of the requests with the findings and conditions as listed in the staff report. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Commissioner Lemke asked why MN/DOT needs to approve the conditional use pennit. Mr. RoWf explained that outside sales will not be allowed until approval from MN/DOT is obtained. Discussion followed regarding approval of the applications with wetland delineation being incomplete. Mr. Rohlf stated that he was in agreement with this policy, but in this case, he did not feel a pwpose would be served by holding up the approval because of the wetland delineation. He stated that he has visited the site and he does not feel that the wetlands will be impacted by the request. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SCHMIDT GRAVEL MINING FORA REZONING OF CERTAIN PROPERTY TO MINERAL EXCAVATION, CASE NO. ZC 03-01. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SCHMIDT GRAVEL MINING FORA CONDITIONAL USE PERMIT FOR MINERAL EXTRACTION, CASE NO. CU 03-02, WITH THE CONDITIONS OUTLINED IN STAFF'S REPORT DATED APRIL 22,2003, WITH THE FOLLOWING ADDITIONAL CONDITION: "ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY." COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.3. Request by James and Stephanie Zaczkowski for Preliminary Plat Approval (Kingdom Estates). Public Hearing - Case No. P 03-02 Planner Chris Leeseberg explained that staff recommends that this request be tabled until the May 27, 2003 Planning Commission meeting. COMMISSIONER ANDERSON MOVED TO CONTINUE THE REQUEST BY JAMES AND STEPHANIE ZACZKOWSKI FOR PRELIMINARY PIAT APPROVAL (KINGDOM ESTATES), CASE NO. P 03-02, TO THE MAY 27,2003 PlANNING COMMISSION MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes April 22, 2003 Page 3 5.4. Request by John Casey for a Conditional Use Permit for a Home Occupation/Truck Storage. Public Hearing - Case No. CU 03-06 Planner Chris Leeseberg reviewed the request by John Casey for a conditional use permit for a home occupation (drywall business) at 9922 178m Avenue NW. Mr. Leeseberg discussed the proposed business operation, hours of operation and number of employees. He noted that prior to a recent complaint, the City had not received any other complaints regarding the home-based business. Mr. Leeseberg reviewed photographs of the site. Staff recommends approval of the request with the five conditions listed in the staff report dated Apri122,2003. Commissioner Franz asked about the nature of the complaint. Mr. Leeseberg stated that a resident called to complain about three businesses in the area. The complainant was concerned about the overall aesthetics in the area. Upon visiting the site, Mr. Leeseberg noticed a semi parked in the street. Mr. Casey explained to him that this type of truck was not normally used, but was being used on this occasion because his tandem truck had broke down. Chair Pederson asked if there is a driveway for the pole bam. Mr. Leeseberg stated the driveway is currently being installed. Chair Pederson opened the public hearing. Brian Kubat, 9693 178th Avenue NW, stated that although Mr. Casey's business is currently small, it is a growing business. He objected to the heavy trucks tearing up the residential street, stating that repairs will be needed and he would be assessed. Mr. Kubat stated that the business was operated out of Mr. Casey's garage, and now it will be operating out of a pole building. He noted that there are high doors on the attached garage, which are not appropriate for a residence. He stated he did not want to see the business grow any larger than it is now. Mr. Kubat stated that if the business is approved, limitations need to be in place so that the aesthetics of the neighborhood are not compromised. Mr. Kubat stated that there are covenants on the property, but that the City does not enforce them. Daniel Davis, 9874 178th Avenue NW, stated that stated that he has lived in the area for 20 years. He expressed his objection to the request, stating that he would be able to see the parking area from his house, and did not feel the use was appropriate. Gordon Mire, 17753 Fillmore Street, stated that he does not see or hear vehicles from Mr. Casey's business and had no complaints. He was in favor of Mr. Casey's request. Greg Dunsmoor, 9657189th Street NW, stated that on one occasion, he observed a semi being unloaded from the street for delivery- to Mr. Casey's business. He stated that he was also forced to take another route to work because of the exhaust in the air from Mr. Casey's trucks idling. He stated that a residential neighborhood was no place for this type of business. John Casey, applicant, stated that he has been operating his business for 2 ~ years and has not had a complaint until recently. Mr. Casey explained that he plans to convert his existing attached garage into living space. He stated that the large garage doors will be moved to the pole building. He stated that his trucks leave between 8:00 - 8:30 a.m. Some materials are delivered once a month and others are delivered every- two weeks. Mr. Casey stated he did not feel Mr. Davis would be able to see parked vehicles from his property because of the . . . Planning Commission Minutes April 22, 2003 Page 4 trees, which have been planted. He felt that his 2 ~ acre site provides adequate room to operate his business. There being no further public comment, Chair Pederson closed the public hearing. Mr. Kubat asked how the vehicles would get to the parking area. Mr. Casey explained where the driveway would be located. Commissioner Offerman asked for clarification on the Home Occupation ordinance. Mr. Leeseberg explained that Mr. Casey's business does not meet the criteria for a Permitted Home Occupation, and according to the City's ordinance, he may request a conditional use penmt. Chair Pederson asked how far back the pole building is from 178m Avenue. Mr. Casey stated that the pole building is setback 80 feet. Commissioner Offerman asked if the number of deliveries could be reduced. Mr. Casey stated that the current delivery every two weeks could be once a month since he will have more storage space with the new pole building. Commissioner Franz asked what the size of the pole building would be. Mr. Casey stated that the building is 2,400 square feet. Commissioner Lemke stated that he visited the site and asked when the oversize doors would be removed. Mr. Casey stated that the doors will be moved when the pole building is finished. Commission Lemke asked if Mr. Casey would be willing to provide additional screening, if his neighbor says he can see the parking area from his property. Mr. Casey stated that there are pine trees on two sides of the area and he did not see how his neighbor's view is affected. Mr. Lemke stated that he felt the site should be inspected and if additional screening is required, that the screening be made part of the recommendation to the City Council. Commissioner Offerman asked how many vehicles would be parked on the site. Mr. Casey stated that there are four employee vehicles and two company trucks. Mr. Casey noted that the two company trucks would be parking inside the pole building. Chair Pederson stated that he feels the City wants to see businesses grow, but that at some point, businesses need to move into a commercial or industrial area. He stated that he sees a problem with semi trucks being unloaded from the street in a residential neighborhood with a forklift truck. He recommended that the applicant should be required to provide a hard surface parking area, with paving or concrete. He also recommended that if approved, additional landscaping should be required to shield the view from the neighboring residence. Commissioner Franz stated that he concurred with Chair Pederson in that a small business can be "incubated" in this type of setting, but at some point, it needs to be moved to the appropriate zoning district. COMMISSIONER LEMKE MOVED TO RECOMMEND DENIAL OF TIlE REQUEST BY JOHN CASEY FORA CONDITIONAL USE PERMIT FORA HOME OCCUPATION (DRYWALL BUSINESS), CASE NO. CU 03-06, BASED ON TIlE FOLLOWING FINDING: . . . Planning Commission Minutes April 22, 2003 Page 5 1. THE REQUEST DOES NOT MEET THE STANDARDS FORA CONDITIONAL USE PERMIT. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. Request by Phil Collins for a Conditional Use Permit to Operate an Impound lot. Public Hearing - Case No. CD 03-07 Senior Planner Scott Harlicker reviewed the request by Phil Collins for a Conditional Use Permit to operate an impound lot at 16234 Jarvis Street. Mr. Harlicker discussed the existing site conditions, access and storage area, and landscaping requirements. Staff recommends approval of the request with the four conditions listed in the staff report. Mr. Harlicker noted that the applicant is working with the Police Department on the issue of security lighting. Discussion followed regarding the possibility of fluids leaking from stored vehicles. Mr. Collins, applicant, stated that any leaking usually happens at the crash site. He stated that blocks could be positioned under vehicles with any leaking problems to address this concern. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Commissioner Anderson asked if the City should be concerned about ground pollution regarding fluids leaking from stored vehicles. Mr. Harlicker stated that staff could request review of this issue by the City Engineer and the Building & Environmental Administrator. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PHIL COLLINS FORA CONDITIONAL USE PERMIT TO OPERATE AN IMPOUND lOT, CASE NO. CU 03-07CU 03-07, WITH THE FOllOWING CONDITIONS: 1. CONCRETE CURB AND GUTTER SHALL BE INSTALLED ALONG THE DRIVEWAY. 2. THE IMPROVED SURFACE SHALL BE SETBACK A MINIMUM OF 10 FEET FROM THE WEST PROPERTY LINE AND SHALL NOT EXTEND CLOSER TO 163RD AVENUE THAN THE NORTH SIDE OF THE EXISTING POLE BUILDING. 3. A LANDSCAPE PLAN SHALL BE SUPPLIED TO THE CITY FOR REVIEW AND APPROVAL. ADDITIONAL LANDSCAPING SHALL BE REQUIRED ALONG 163RD AVENUE AND ALONG THE WEST PROPERTY LINE. A TOTAL OF 12 TREES ARE REQUIRED. 4. THE DRIVEWAY SHALL BE BITUMINOUS AND THE WIDTH LIMITED TO 24 FEET. 5. SECURITY LIGHTING SHALL BE REQUIRED ACCORDING TO POLICE DEPARTMENT RECOMMENDATIONS. 6. THE CITY ENGINEER AND BUILDING & ENVIROMENTAL ADMINISTRATOR SHALL REVIEW THE REQUEST FOR ANY ENVIRONMENTAL CONCERNS REGARDING RUNOFF FROM THE SITE. . . . Planning Commission Minutes April 22, 2003 Page 6 COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.6. Request by Kevin Murray for a Conditional Use Pennit to Park a Semi Tractor and Trailer in the R1a Single Family Residential Zoning District. Public Hearing - Case No. CD 03-08 Planner Chris Leeseberg reviewed the request by Kevin Murray for a Conditional Use Pennit to park a semi tractor and trailer on his property at 9660 178m Avenue NW. Mr. Leeseberg discussed the existing site conditions, access, and parking location for the semi tractor and trailer. He noted that the nearest home is 225 feet from the site. Mr. Leeseberg read letters from three residents, Matt Ecklund, 79728 178th Avenue and Greg Dunsmoor, 9657 178m Avenue, and John and Angela Paavola, 17855 Oeveland Street. Mr. Ecklund's letter suggested that Mr. Murray ask his employer to find a more suitable location for parking the truck and stated that commercial vehicles should not be parked in residential areas. Mr. Dunsmoor's letter expressed concerns regarding excessive idling, noise caused by the truck returning at late hours, unsightliness of the vehicle parked in the yard, parking the vehicle on an unimproved surface, and the issue of residue left by the vehicle when it is parked in the street. Mr. Dunsmoor stated that he did not feel commercial equipment belongs on residential property. John and Angela Paavola's letter stated that they have no objections to Mr. Murray parking his semi next to his home. Mr. Leesberg read the conditions of approval recommended by staff and provided photographs and an aerial view of the site. Chair Pederson opened the public hearing. Kevin Murray, applicant, stated that he is in the process of having Oass 5 placed on the parking area. He stated that he is proposing to build a 40' x 70' building and he will be parking the vehicle inside when it is completed. Gordon Mire, 17753 Fillmore Street, stated that he does not hear the vehicle when Mr. Murray leaves or returns home. Jim Spitzenberger, 18936 Oeveland Street, stated he has no objections to Mr. Murray's request. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Franz asked Mr. Murray if there was an option to park the truck in another location. Mr. Murray stated that he would have to travel to Blaine to get the truck. Commissioner Lemke asked if Mr. Murray always drove a flatbed, or if he sometimes pulled a trailer. Mr. Murray stated that he always drives a flatbed trailer. He stated that the flatbed is approximately chest-high, and that only the tractor is highly visible. . . . Planning Commission Minutes April 22, 2003 Page 7 Commissioner Franz asked if Mr. Murray would be willing to abide by a time limit to have the storage building constructed, as a condition of approval. Mr. Murray stated that he would be agreeable to such a condition. Commissioner Lemke suggested a 12 - 24 month time limit. Discussion followed regarding screening of the truck. Commissioner Offerman asked if it would be possible to park the truck farther back on the property. Mr. Murray stated that it would not be a problem. Commissioner Lemke stated that if the truck were parked back furthe~, it would be screened even less, since the existing house and garage provides some screenmg now. Commissioner Jenson stated that he could not support a request to park a commercial vehicle in a residential neighborhood. Commissioner Anderson stated that he felt there are issues to be addressed such as noise and glare, but that if the vehicle were screened or stored in a garage, the request could be acceptable. He stated that if the applicant were given a time line, any problems that have arisen could be addressed then. Commissioner Lemke stated that he concurred with Commissioner Anderson. He asked if requiring some type of temporary fencing would be appropriate. Commissioner Franz stated that he would not be in favor of adding additional expenses, since completion of the storage building is a financial issue for the applicant. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY KEVIN MURRAY FORA CONDITIONAL USE PERMIT TO PARKA SEMI TRACTOR AND TRAILER, CASE NO. CU 03-08, WITH THE FOLLOWING CONDITIONS: 1. IF MORE THAN ONE EMPLOYEE OR ONE TRACTOR/TRAILER IS TO BE ADDED, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. THE TRACTOR & TRAILER SHALL BE PARKED ON AN APPROVED SURFACE PER THE ORDINANCE REQUIREMENTS. 3. THE TRACTOR SHALL NOT IDLE FOR MORE TIME THAN IS ALLOWED PER SEC. 46-34 OF THE ORDINANCE. (THE IDLING OF A TRUCK TRACTOR IN EXCESS OF 15 MINUTES FROM APRIL 16 THROUGH OCTOBER 31, AND 30 MINUTES FROM NOVEMBER 1 THROUGH APRIL 15.) 4. THE APPLICANT SHALL FOLLOW ALL POSTED ROAD RESTRICTIONS. 5. THE APPLICANT SHALL BE ALLOWED 24 MONTHS TO PROVIDE A PERMANENT STORAGE STRUCTURE FOR THE VEHICLE. Commissioner Offerman suggested that some type of temporary screening be required. Commissioner Lemke asked if Mr. Murray would be willing to access his property from Fillmore. Mr. Murray stated that it would be extremely difficult to back into his property if he used this route and that he would end up backing onto his neighbor's yard. . . . Planning Conunission Minutes April 22, 2003 Page 8 COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 5-2. Commissioners Offerman and Jenson opposed. 5.7. Request by Rick Austin for a Conditional Use Permit for an Indoor Go-Kart Facility. Public Hearing - Case No. CU 03-09 Director of Planning Michele McPherson reviewed the request by Rick Austin for an indoor go-kart facility at 321 Baldwin (former Ron's Foods site). Ms. McPherson noted that a previous request to rezone the property to Highway Commercial was denied by the Gty Council in June 2002, but was later resubmitted by the Gty and approved in February 2003. She explained that at the public hearing, a petition was submitted by Robert and Carol Hall, owners of Pineview Apartments, 723 3rd Street, opposing the request. They expressed concerns related to increased traffic congestion, noise, unsupervised teens, debris, safety, drugs, violence, and decreased property values. Ms. McPherson reviewed the interior building layout, parking, hours of operation, curfew and noise. Ms. McPherson stated that staff recommends approval of the conditional use permit with the five conditions found in the staff report, with two additional conditions: 1) Exterior doors remain closed during hours of operation to provide additional soundproofing, and 2) Decibel levels do not exceed what is allowed by Gty Code. Chair Pederson opened the public hearing. Commissioner Franz asked if the roof fans could be a source of noise. Ms. McPherson explained that these types of fans are typically dampered, and would likely be similar to what was on the building for the former grocery- store operation. Commissioner Franz noted that the fans on the Coborn's facility are vented toward the residential area and are quite noisy. Commissioner Offerman asked what type of standards is used to determine acceptable decibel levels for the noise generated by the go-karts. Ms. McPherson explained that there are specific sections in the Gty Code to address acceptable levels of noise for various activities. Gty Attorney Peter Beck noted that the Minnesota Pollution Control Agency also has noise standards. He explained that there are percentages of time for levels of noise in order to allowing some peaking. He suggested that the condition could be written so that the applicant would be required to conform to either the Gty standards or the State standards, whichever are most strict. Ms. McPherson noted that the Gty does have a meter to measure decibels, but past experience has shown it can be difficult to measure, especially given the close proximity of this property to Highway 169. Jeff Bruan, 626 Fulcom Avenue, Minneapolis, representing the applicant, stated that the air exchange system will be similar to the ice arena's system, and will meet all MPCA requirements. He noted that the applicant would meet all the other conditions as stated. Mr. Bruan stated that the applicant plans to light the parking lot. He stated that he anticipates most clientele will be adults, not teens, since go-kart racing is relatively expensive ($15 for 7 minutes of racing). Mr. Bruan stated the applicant plans to clean up the parking lot and remove the weeds that have grown up around the site. He stated that the go-kart noise level is similar to a lawn mower. He felt that the overall traffic would be significantly less than what the former grocery- store generated. Commissioner Franz asked how many go-karts could be running at one time. Mr. Bruan stated that a maximum of eight go-karts would nul at once. Ms. McPherson noted that no customer's go-karts would be brought in. . . . Planning Commission Minutes April 22, 2003 Page 9 Commissioner Offerman asked what type of engine was used. Mr. Bruan stated that 2-cycle engines are used in the go-karts. Commissioner Offerman asked if the applicant would be agreeable to lighting the parking lot to EIS Standards. Mr. Bruan stated that the required lighting would be provided. Commissioner Offerman stated that he felt "pole" lighting was appropriate in order to contain the lighting within the lot. Commissioner Lemke asked if any changes were proposed for the building exterior or if they planned to stripe the parking lot. Mr. Bruan stated that the building would be painted, but no other alterations are planned. He stated that they would look into striping the parking lot. Commissioner Lemke asked what type of signage is proposed. Mr. Bruan stated that they would use the existing free-standing sign standard, as well as signage on the canopy. Commissioner Offerman asked if there were double entry doors, in order to maximize soundproofing. Mr. Bruan stated that he felt there was adequate space to install additional doors. Greg Bossany, 304 Baldwin Avenue, stated that he was opposed to the request, as he did not feel this type of operation was appropriate with the surrounding residential uses. Robert Hall, owner of Pine Ridge Apartments, stated that a petition was submitted to the City Council in February 2003 with over 100 names objecting to the request. He stated that they are not opposed to the business, but that it should be in a more appropriate location. Mr. Hall cited similar businesses, noting that none were located near residential neighborhoods. He stated that he felt with proper marketing, an appropriate tenant could be found for the building. Dennis Dahlen, attorney representing the Halls, asked what the status was of the moratorium. Ms. McPherson stated that study of the area resulted in approval of the rezoning, and that the moratorium has expired. She noted that rezoning of the property allows the owners the right to reasonable use of their property. Mr. Dahlen stated that he felt the proposed use does not meet all of the findings necessary for granting a condition use. He cited Condition No. 1 relating to the fact that the conditional use shall not endanger the surrounding properties, and No.5 regarding detrimental effects of traffic and noise. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Anderson stated that the Planning Commission voted in favor of the first request for rezoning to Highway Commercial and that he did not feel there was any reason to deny the request. He stated that he felt a recreational opportunity was a fitting use for the property. He noted that he felt the site was becoming unsightly and was in support of having a tenant for the building. Chair Pederson concurred with Commissioner Anderson's comments. He did not feel there would be an excessive amount of traffic and that the applicant has committed to making the necessary improvements they have recommended. He felt the potential for the problems is more likely with s vacant site than with a tenant. Commissioner Ropp concurred. He also felt that an empty building introduces the element for vandalism and loitering. Planning Conunission Minutes April 22, 2003 Page 10 . Commissioner Franz also concurred. He felt that the applicant has shown the willingness to reduce the noise potential and that this use would not generate more noise than any other commercial use. Commissioner Offerman expressed his agreement with the Commissioners' comments. He suggested that a condition be added to require that parking lot lighting conform to IES Standards for mediwn use parking lots. Ms. McPherson read from the City's ordinance regarding lighting standards. It was the consensus of the Commission that the parking lot lighting conforms to City standards. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY RICK AUSTIN FORA CONDITIONAL USE PERMIT FOR AN INDOOR GO-KART FACIliTY, PUBliC HEARING - CASE NO. CU 03-09, WITH THE FOLLOWING CONDITIONS: 1. THE GO-KART OPERATION SHALL COMPLY WITH ALL OF THE BUILDING CODE REQUIREMENTS. 2. THE APPLICANT SHALL PROVIDE PROPER FLAMMABLE MATERIAL STORAGE. 3. THE SPRINKLER SYSTEM SHALL BE MODIFIED TO ADDRESS THE CHANGE IN OCCUPANCY. . 4. THE APPLICANT SHALL POST AND ENFORCE THE CITY OF ELK RIVER'S CURFEW REQUIREMENTS. 5. THE APPLICANT SHALL POLICE THE PARKING LOT AND PREVENT LOITERING BY PATRONS. 6. ENTRANCE DOORS SHALL REMAIN CLOSED DURING HOURS OF OPERATION. 7. NOISE LEVELS SHALL NOT EXCEED THE CITY OR STATE ALLOWED DECIBLE LEVELS, WHICHEVER IS MORE STRINGENT. 8. THE CONDITIONAL USE PERMIT SHALL BE REVIEWED IN ONE YEAR FROM THE DATE OF CITY COUNCIL APPROVAL. 9. NO TOBACCO SHALL BE SOLD ON SITE. 10. LIGHTING SHALL COMPLY WITH THE REQUIREMENTS IN THE CITY CODE. COMMISSIONER LEMKE SECONDED THE MOTION. . Commissioner Lemke suggested that a conditional be included to require repair and striping of the parking lot. Commissioner Anderson did not support this condition. Planning Commission Minutes April 22, 2003 Page 11 . THE MOTION CARRIED 7-0. 5.8. Request by the City of Elk River Wastewater Treatment Facility for a Conditional Use Permit for a Maintenance Building. Public Hearing - Case No. CU 03-10 Director of Planning Michele McPherson reviewed the request by the City of Elk River Wastewater Treatment Facility for a Conditional Use Permit for a maintenance building at 165m and Jarvis Street. Ms. McPherson explained the reason for the request and building construction. She noted that the building would have a gravel floor and would not be heated. Staff recommends approval of the request with two conditions. Commissioner Anderson asked where the temporary holding tank would be located. Gary- Leirrnoe, WWTP Superintendent, explained that the location would change, depending upon where the bio-solid land application was taking place. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. . COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER WASTEWATER TREATMENT FACIUTY FORA CONDITIONAL USE PERMIT FORA MAINTENANCE BUILDING, CASE NO. CU 03-10, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE CODES WHERE APPLICABLE. 2. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE- HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP THE WORK AUTHORIZED ON ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6. Other Business 6.1. Update on 4/21/03 City Council Meeting Commissioner Pederson provided an update on the Apri121, 2003 City Council meeting. 7. Adjoununent . There being no further business, COMMISSIONER JENSON MOVED TO ADJOURN THE MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Conunission Minutes April 22, 2003 Page 12 The meeting of the Elk River Planning Commission adjourned at 9:30 p.m. Respectfully submitted, [)~~ Debbie Huebner Recording Secretary