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08-20-2003 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT LIONS PARK CENTER WEDNESDAY, AUGUST 20, 2003 Members Present: Chair Pederson, Commissioners Anderson, Lemke, Offerman and Ropp Members Absent: Franz Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; 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 7:06 p.m. by Chair Pederson. 2. Consider 8/20/03 Planning Commission Agenda COMMISSIONER ANDERSON MOVED TO APPROVE THE AUGUST 20, 2003 PLANNING COMMISSION AGENDA. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 7/22/03 Planning Commission Minutes COMMISSIONER LEMKE MOVED TO APPROVE THE JULY 22,2003, MINUTES. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend September City Council Meeting Commissioner Offerman will attend the September 15, 2003 City Council meeting. 5.1. Request by District #728 for Interim Use Permit to allow placement of temporary trailers to be used as classrooms. Public Hearing - Case No. CO 03-20 Staff report by Director of Planning Michele McPherson. District #728 has requested an interim use permit to allow six temporary classrooms until June 2005 in order to relocate ninth grade students to the senior high school. Ms. McPherson stated that the temporary classrooms would be located in the faculty parking lot north of the existing senior high. Staff recommends approval of the request with the condition that the School District comply with the conditions outlined in Fire Chief Bruce West's memo dated August 14, 2003. Commissioner Ropp asked where the additional students would go at the end of the interim use. Ms. McPherson stated that the School District feels that with the opening of the Rogers and Zimmerman Senior High Schools, the number of students between schools would even out. Chair Pederson opened the public hearing. . . . Planning Commission Minutes August 20, 2003 Page 2 Chair Pederson asked what would happen if the School District finds they still need the temporary classrooms at the end of the time period. Ms. McPherson stated that the School District would then need to request an extension. Commissioner Offerman asked if the temporary trailers would be similar to what the School District used before. Mr. Jim Voight, representing the School District, stated that the trailers will not appear to be much different on the exterior, but that they would be new construction. Mr. Voight noted that the trailers will be located further west and that adequate parking and circulation will be provided. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY DISTRICT #728 FORAN INTERIM USE PERMIT TO ALLOW SIX TEMPORARY ClASSROOMS UNTIL JUNE 2005, CASE NO. CU 03-20 WITH THE FOLLOWING CONDITION: 1. THE APPLICANT SHALL COMPLY WITH THE CONDTIONS OUTLINED IN CHIEF WEST'S MEMO DATED AUGUST 14, 2003. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Request by the City of Elk River to Rezone Certain Properties from C1 (Central Commercial) to DD (Downtown Development) District. Public Hearing - Case No. ZC 03- 05 Staff report by Planner Chris Leeseberg. The City of Elk River requests a rezoning of certain property located in the downtown area to be rezoned from Cl (Central Commercial) to DD (Downtown District). Mr. Leeseberg stated that the C2 area which was originally included in the request has been taken out, after the residents in the area spoke at the City Council meeting. Staff recommends approval of the rezoning request as presented in the revised location map. Chair Pederson opened the public hearing. Ralph Donais, 906 Lookout Place, asked why the businesses such as Charlie Brown's, Cretex, Hardee's and the Dairy Queen, were not included. Ms. McPherson explained that the Housing and Redevelopment Authority (HRA) asked that they focus on the central downtown area at this time. She explained that future phases may include the areas Mr. Donais mentioned, and there have been discussions of including the area all the way down to Handke School. She noted they are also looking the area north of Highway 10. John Anderson, 208 Lowell Avenue, stated that his home was eliminated from the rezoning and that he was pleased with staff's response to his concerns. Commissioner Anderson stated that he concurred with the change. There being no further public comment, Chair Pederson closed the public hearing. . . . Planning Commission Minutes August 20, 2003 Page 3 COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO REZONE CERTAIN PROPERTY FROM C1 (CENTRAL COMMERCIAL) TO DD (DOWNTOWN DISTRICT), CASE NO. ZC 03-05. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Request by Scott Powell for Preliminary Plat Approval (Mississippi Highlands). Public Hearing - Case No. P 03-09 Request by Scott Powell for Conditional Use Permit for Convenience Store/Lube Facility/Car Wash. Public Hearing - Case No. CD 03-25 5.4. Staff report by Senior Planner Scott Harlicker. Scott Powell requests preliminary plat approval of Mississippi Highlands and a conditional use permit for a convenience store/auto service facility/car wash (Elk River Auto Stop). Mr. Harlicker reviewed the location of the property and existing site conditions. The applicant proposes to plat the parcel into a 2.44- acre lot and a 3.61-acre outlot. The 2.44-acre lot (Lot 1) will be developed with a convenience store/auto service facility and car wash. Mr. Harlicker noted that the outlot will be platted as part of a second phase and that the applicant is working with staff for a possible road alignment through the outlot. MnDOT will also be reviewing the project for comment. Mr. Harlicker reviewed the layout of the 8,400 square foot building. He reviewed the floor plan, access and parking, landscaping plan, building and canopy elevations and signage. Staff recommends approval of the request with the conditions listed in the staff report dated August 20, 2003. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. Chair Pederson stated that he felt the proposal would be a great addition to the City and that a business of this type was needed on the east side of Elk River. He stated that he felt that the design was well planned. Chair Pederson asked the applicant, Scott Powell, how bright the canopy would be. Mr. Powell stated that the lighting would not be any brighter than the other businesses of this type in Elk River. Chair Pederson stated that he would not like to see it as bright as some of them are. He stated that he would support approval of the requests. Commissioner Offerman stated that he concurred that the building was a nice-looking design. He asked for clarification on MnDOT's review. Director of Planning Michele McPherson explained that MnDOT will be asked to review access issues to ensure that the plans are in accordance with the overall highway corridor plan. Chair Pederson asked if it was necessary to include the City Engineer's request for an additional ten feet of right-of-way along 171 st Avenue. Ms. McPherson stated that all the City Engineer's recommendations are included in Condition #1. Commissioner Anderson also felt this type of business was needed on the east side of Elk River. He stated that he had a concern regarding for the lighting of the canopy but felt that the issue is addressed by Condition #2. Discussion of the access issue followed. Mr. Powell stated that he will discuss the issue further with the City Engineer. . . . Planning Commission Minutes August 20, 2003 Page 4 COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SCOTT POWELL FOR PRELIMINARY PLAT APPROVAL OF MISSISSIPPI HIGHLANDS, CASE NO. P 03-09 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER OFFERMAN MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY SCOTT POWELL FORA CONDITIONAL USE PERMIT FORA CONVENIENCE STORE/AUTO SERVICE FACILTY/CAR WASH (ELK RIVER AUTO STOP), CASE NO. CU 03-25, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE CANISTER LIGHTS ON THE BOTTOM OF THE CANOPY SHALL BE RECESSED SO THAT GLARE FROM THE LIGHTS DOES NOT SHINE ON TO ADJACENT STREETS AND PROPERTIES. 3. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Request by Roxanne and Robert Erbstoesser for a Conditional Use Permit for a Home Beauty Salon. Public Hearing - Case No. CO 03-21 Staff report by Senior Planner Scott Harlicker. Roxanne and David Erbstoesser request a conditional use permit for a home occupation (beauty salon) at 11796 191 st Avenue. Mr. Harlicker reviewed the zoning of the property, hours of operation, and parking. He stated that the applicant is proposing no signage. Staff recommends approval of the request with the three conditions listed in the staff report. Chair Pederson opened the public hearing. . . . Planning Commission Minutes August 20, 2003 Page 5 Art Kruger, 11834191st Avenue, asked how many home businesses can be at one address. He stated that there already is a business at this address. Director of Planning Michele McPherson stated that the City does not limit the number of permitted home occupations as long as they meet the eleven standards in the City's ordinance. If a particular home business cannot meet one of the eleven standards, it can be allowed as a conditional use and would be subject to the public hearing process. Mr. Kruger expressed his concern that there is no limit to the number of businesses that can be in a residential area. Ms. McPherson stated that when a request for a home occupation is reviewed, the neighbors have an opportunity to let the Commission know if there are adverse impacts such as noise, parking, or noxious fumes. Mr. Kruger asked what the hours of operation would be. Ms. McPherson stated that the ordinance limits business hours to 7 a.m. - 10 p.m. and that the Commission could further restrict those hours, if necessary. Shawn Sieben, 19010 Jackson Road, stated that Mr. Erbstoesser currently operates a cabinetry business out of his home with three delivery trucks and 5 employees. He stated that his concerns are related to increased traffic and parking. He stated he had no objection to the hair salon but he did not want to see additional cars parking in the street. Barbara Ravelle, 11783 191st Avenue, stated that she had concerns with the cabinetry business due to the increased traffic such as lumber deliveries, and she did not feel there was adequate parking. She also expressed concern that dumpsters have been on the site for long periods of time. Dick Vatgs, 11814191st Avenue, neighbor to the west of the applicants, stated that he did not see a problem with Mr. Erbstoesser's homes business and felt that the speeding problem in the neighborhood was more of an issue. He felt that there should be a stop sign on the oudet to Jackson. He stated that the dumpsters referred to by Ms. Ravelle were only on the Erbstoesser's property during the remodeling of their home. Mr. Vatgs stated that he felt the hours of operation could be shortened. Rob Erbstoesser, 11796 191st Avenue, applicant, stated that the dumpsters were on site during construction of his addition. During the construction, there were additional vehicles parking near his home by the contractors. He stated that his driveway is 25 feet wide by 65 feet long and that there is adequate space to park three or four vehicles there at one time. He stated that he was willing to park his personal vehicle in the back of his property, which can be accessed by the driveway to the detached garage. He stated that he did not feel parking was an issue. Mr. Erbstoesser stated that the normal hours of operation would be 9 a.m. to 5 - 7 p.m. Chair Pederson suggested that the conditions state that parking shall be limited to the applicants' driveway and reduce the hours of operation. Discussion followed regarding the history of the cabinet business. Ms. McPherson stated that the applicant's father originally received a home occupation permit for a woodcrafts business and that it has grown into the current cabinetry business. Commissioner Offerman stated that he felt the non-conforming home occupation should be addressed before approving another home occupation for the same property. . . . Planning Commission Minutes August 20, 2003 Page 6 Commissioner Anderson suggested that the conditions reflect hours of operation from 9 a.m. - 7 p.m. and that the applicant will provide two off-street parking spaces for the home beauty salon, with no on-street parking allowed. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ROXANNE AND ROBERT ERBSTOESSER FORA CONDITIONAL USE PERMIT FORA HOME OCCUPATION (BEAUTY SALON), CASE NO. CU 03-21, WITH THE FOLLOWING CONDITIONS: 1. THE SALON SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. 2. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. 3. IF ADDITONAL WORKSTATIONS OR EQUIPMENT ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. THE HOURS OF OPERATION BE LIMITED TO 9 A.M. - 7 P.M. 5. TWO ON-SITE CUSTOMER PARK.ING SPACES SHALL BE PROVIDED AND NO ON-STREET PARKING BY CUSTOMERS SHALL BE ALLOWED. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Commissioner Offerman opposed. 5.6. Request by Guardian Angels by the Lake for an Amendment to the Orono Shore PUD to Construct a Garage. Public Hearing - Case No. CO 03-23 Chair Pederson excused himself from the discussion of this issue due to a potential conflict of interest. Staff report by Planner Chris Leeseberg. Guardian Angels requests an amendment to the Orono Shore Planned Unit Development Agreement to construct a double garage to store lawn equipment and maintenance supplies for the assisted living facility at 13439 185m Lane. Staff recommends approval of the request with the two conditions listed in the staff report. Commissioner Lemke asked what the exterior would look like. Director of Planning Michele McPherson stated that the exterior would match the vinyl siding and brick, which was used on the townhome units and assisted living building. She noted that the garage would be scaled in keeping with the townhomes. Vice-Chair Anderson opened the public hearing. Commissioner Anderson asked how the garage would be accessed. Sherrie Emerson, Executive Director for Guardian Angels, stated that an 1S-foot paved driveway will be installed. She noted that the paving may not take place until spring, depending on the construction schedule. There being no further public comment, Vice-Chair Anderson closed the public hearing. . . . Planning Commission Minutes August 20, 2003 Page 7 Commissioner Offerman asked if the proposed garage meets the required setbacks and if there was adequate room to park a vehicle on the driveway. Mr. Leeseberg stated that the applicant is proposing an i8-foot setback which meets the minimum requirement, and that an i8-foot driveway is adequate for parking a vehicle. Commissioner Anderson stated that he would like to see more details for the proposed garage. Ms. McPherson stated that staff did not feel it was necessary for the applicant to provide more detailed drawings for such a simple project. Commissioner Lemke stated that he was satisfied with the information provided and recommended approval of the project. COMMISSIONER OFFERMAN MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS FOR AN AMENDMENT TO THE ORONO SHORES PUD AGREEMENT TO ALLOW CONSTRUCTION OF A GARAGE, CASE NO. CU 03-23, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. 2. IF THE GARAGE IS TO BE EXPANDED FOR ANY REASONS, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Chair Pederson re-joined the Commission at this point. 5.7. Request by Contractors & Consultants. Inc. for a Conditional Use Permit to Allow Outdoor Storage Associated with a Contracting Business and an Interim Use Permit for an Existing Residence. Case No. CD 03-22 Staff report by Planner Chris Leeseberg. Contractors and Consultants, Inc. requests a conditional use permit for outdoor storage related to a contracting business and an interim use permit for an existing residence. Mr. Leeseberg explained that the house is currently being rented by the former owner of the property until he finds a new location to reside. A portion of the residence will be used as office space and the remainder of the residence will also be converted to office space when the tenant moves out. Mr. Leeseberg reviewed the scope of the business, location of the outdoor storage, proposed expansion area, and screening and landscaping issues. Staff recommends approval of the request with the conditions listed in the staff report. Chair Pederson asked for clarification of the ordinance regarding a caretaker residence in the Medium Industrial zoning district. Ms. McPherson reviewed the ordinance, stating that staff did not feel the situation met the criteria outlined in the ordinance. Chair Pederson opened the public hearing. Commissioner Offerman asked if the Ramsey residents were notified of the public hearing. Colin McGlone, applicant, stated that he obtained a list of property owners within 350' from Anoka County and the residents were notified. He noted that he also went to the neighbors . . . Planning Commission Minutes August 20, 2003 Page 8 and obtained a number of signatures in support of the proposed business, as well as a letter from the owner of the Norfolk development stating that he had no objections. Emily McGlone, applicant, asked that the language in Condition #8 be modified to state the word, "generally" regarding on site storage. She explained that occasionally, they may need to place a loaded container on the site, in order to deliver an empty one to a customer. She stated that the loaded container would not remain on the site longer than overnight or until the next business day the landfill was open. Ms. McGlone stated that they also would like to have the option of using a wood and/or metal fence on all sides of the enclosed area, if financially feasible. Chair Pederson asked if the tenant would have access to the storage area. Mr. McGlone stated that that the tenant would have access to a small area in the backyard. She stated that they did not intend to rent out the house again when the current tenant moves out and they would like to convert the entire house to office space as soon as possible. Discussion followed regarding the number of storage units. Director of Planning Michele McPherson explained that the applicants can have as many containers as they wish, as long as they fit into the fenced area and are stored on an approved surface. She noted that if they wish to expand the fenced area, they would need to request an amendment to their conditional use permit. Discussion followed regarding temporary storage of loaded containers on the site. It was the consensus of the Commission that loaded containers could be left on the site if properly covered and if they did not remain any longer than the next business day of the landfill. Ms. McGlone asked if they could have a dumpster on the property for their own trash. Ms. McPherson stated that normal trash pickup was not an issue. Discussion followed regarding screening the east side of the property. The applicant noted that the row of evergreens along Jarvis had been removed by the owners of the Cascade Industrial Park. Mr. McGlone asked if they needed to come back to the Commission when they were ready to build a pole building. Ms. McPherson stated that pole buildings are allowed by ordinance in this district and they would need to only apply for a building permit. There being no further public comment, Chair Pederson closed public hearing. Commissioner Offerman stated that he felt that trees should be used as screening on the east side of the property to help buffer the residential area in Ramsey. Chair Pederson stated that he would support a three-year interim use for the residence. Commissioner Anderson concurred. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CONTRACTORS AND CONSULTANTS, INC. FORAN INTERIM USE PERMIT AND CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH THE FOLLOWING CONDITIONS: 1. AN INTERIM USE TIME PERIOD OF THREE YEARS SHALL BE APPLIED TO THE RESIDENCE ENDING SEPTEMBER 15,2006, OR Planning Commission Minutes August 20, 2003 Page 9 . AT THE END OF THE CURRENT TENANT'S LEASE, WHICHEVER IS SOONER 2. ALL OUmOOR STORAGE AREAS SHALL BE SURFACED WITH AN APPROVED SURFACE. 3. ALL CHAIN LINK FENCING SHALL HAVE OPAQUE SLATS. 4. THE FENCE ALONG THE EAST PORTION OF THE OUmOOR STORAGE AREA SHALL BE A SOLID WOOD PRIVACY FENCE. 5. ROLL-OFF CONTAINERS SHALL NOT BE STACKED ON TOP OF ONE ANOTHER. 6. MOBILE STORAGE CONTAINERS SHALL NOT BE STACKED HIGHER THAN TWO. 7. ALL STORAGE OF EQUIPMENT, VEHICLES AND CONTAINERS SHALL BE CONTAINED WITHIN THE FENCED AREA ON AN APPROVED SURFACE. 8. DISPOSAL OF ALL MATERIAL, DEBRIS AND/OR MUNICIPAL SOLID WASTE (MSW) SHALL BE AT AN APPROVED MINNESOTA POLLUTION CONTROL AGENCY (MPCA) FACILITY. 9. THE SUBJECT PROPERTY SHALL NOT BE UTILIZED AS A TRANSFER STATION FOR CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW. 10. ROLL-OFF CONTAINERS SHALL NOT BE STORED ON SITE WITH CONSTRUCTION MATERIAL, DEBRIS AND/OR MUNICIPAL SOLID WASTE (MSW) IN THEM LONGER THAN THE NEXT AVAILABLE OPERATIONAL DAY OF A LANDFILL. 11. ROLL-OFF CONTAINERS STORED ON SITE WITH CONSTRUCTION MATERIAL, DEBRIS AND/ORMSW SHALL BE COVERED WITH A CANVAS TARP THAT IS PROPERTLY SECURED TO THE CONTAINER. 12. THERE SHALL BE NO STORAGE OF ANY DEMOLITION CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW IN THE OumOOR STORAGE AREA OR WITHIN ANY STRUCTURES ON THE PROPERTY. 13. THERE SHALL BE NO BURNING OF ANY CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW. 14. CONSTRUCTION MATERIAL, DEBRIS AND/OR MSW SHALL BE PROPERLY DISPOSED OF AS REQUIRED BY LAW. 15. PROPER CIRCULATION SHALL BE MAINTAINED, AS DETERMINED BY THE FIRE CHIEF, WITHIN THE OumOOR STORAGE AREA. 16. ISSUANCE OF CONDITIONAL USE PERMIT SHALL BE CONTINGENT ON THE APPLICANT OBTAINING A HAUER LICENSE FROM BOTH SHERBURNE COUNTY AND THE CITY OF ELK RIVER. 17. THE APPLICANT SHALL OBTAIN ALL APPLICABLE LICENSES FROM SHERBURNE COUNTY. 18. THE APPLICANT SHALL MEET ALL MPCA REGULATIONS. . . COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Planning Commission Minutes August 20, 2003 Page 10 5.8. Request by Phoenix Enterprises for a Conditional Use Permit to Allow a Recreational Vehicle Retail/Service Facility. Public Hearing - Case No. CD 03-24 Staff report by Senior Planner Scott Harlicker. Phoenix Enterprises request a conditional use permit for a recreational vehicle retail/service facility at 19431 Evans Street. Mr. Harlicker stated that a Yamaha business wi11lease approximately 12,000 square feet; 9,000 square feet of the existing building and a 3,200 square foot addition proposed by Phoenix Enterprises. Mr. Harlicker reviewed access, service area location, noise and lighting issues. Staff recommends approval of the request with the three conditions listed in the staff report dated August 20, 2003. Chair Pederson opened the public hearing. Arthur Jackett, 19435 Dodge Street, asked for clarification on the hours of operation. Mr. Jackett asked if a traffic study had been completed for the area, especially for the 193rd Avenue area east of Highway 169. Ms. McPherson stated that a traffic study was done for this area prior to development, taking into account the type of development that would occur. Daryl Thompson, 20680 Watson Street, representing the applicant, stated that he believed the sales hours would be 8 a.m. - 8 p.m. and that he did not think they would be open on Sundays. Hours of operation for service would be 8 a.m. - 5:00 p.m. Monday through Friday. Mike Brastad, 19428 Dodge Street, discussed his concerns regarding the lighting on the existing building. He stated that guards have helped but they have not resolved the problem. He asked that the owner consider using the same type of lighting as Menards and Coborns. Mr. Brastad also expressed his concern regarding the noise of garbage trucks between 3:00 a.m. - 4:00 a.m. He stated that there are 6 -8 dumpsters that are emptied and that they noise wakes his family up every time the trucks come. He asked that the haulers be restricted to daytime hours only. Mr. Brastad also asked that there be no outside storage. He also expressed concern regarding noise from ventilation and exhaust fans from the service area, use of air tools, and test driving of motorcycles in the drive aisle behind the building, parking lot, and residential areas. Mr. Brastad that he was in favor of the loading dock door facing north. Melissa McColloch, 19416 Dodge Street, requested that the Commission recommend no test-driving of motorcycles after 5:00 p.m. Ms. McPherson noted these types of issues were also addressed in the Zylstra Harley Davidson conditional use permit and that with the new 196th Avenue connection, it would be easy for a customer to make a quick circle around the businesses through the residential neighborhood, unless a condition was included to prevent It. Mr. Thompson stated that he would address the lighting issue referred to by Mr. Brastad. He noted that the service portion of the building was purposely situated away from the residential area. Ms. McPherson noted that Gty ordinance prohibits refuse collection before 6 a.m. and after 7 p.m. Mr. Thompson stated that he would notify the tenants to advise their haulers of this restriction. . . . Planning Commission Minutes August 20, 2003 Page 11 Mr. Brastad asked for clarification on truck traffic around the building. Mr. Thompson stated that all truck traffic would enter from the south. There being no further public comment, Chair Pederson closed the public hearing. Discussion followed regarding the lighting on the existing building and ventilation noise. Additional conditions were discussed for inclusion in an approval of the conditional use permit. Planning Director Michele McPherson asked that the future tenant, Yamaha, submit a written document to the City outlining their proposed hours of operation. COMMISSIONER LEMKE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY PHOENIX ENTERPRISES FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL VEHICLES SALES AND SERVICE FACILITY, CASE NO. CU 03-24, WITH THE FOLLOWING CONDITIONS: 1. UNLESS A VEHICLE IS LICENSED AND LEGAL TO DRIVE ON CITY STREETS, TEST RUNNING THE VEHICLE OUTSIDE THE BUILDING IS PROHIBITED. 2. THE LOADING DOORS SHALL BE KEPT CLOSED EXCEPT DURING DELIVERIES AND ALL SERVICING OF VEHICLES SHALL BE DONE INSIDE THE BUILDING. 3. ALL BUILDING AND PARKING LOT LIGHTING SHALL BE INSTALLED OR MODIFIED SO THAT NO GLARE EXTENDS ON TO ADJACENT PROPERTIES. 4. NO OUTSIDE STORAGE SHALL BE ALLOWED. 5. VENTILA TION/EXHAUST SHALL BE DIRECTED UPWARD. 6. DELIVERIES SHALL BE BETWEEN THE HOURS OF 8 A.M. -8 P.M. 7. THERE SHALL BE NO TEST DRIVING OF MOTORCYCLES OUTSIDE OF THE NORMAL HOURS OF OPERATION OF 8 AM. - 8P.M. 8. THERE SHALL BE NO TEST DRIVING IN THE NEARBY RESIDENTIAL NEIGHBORHOODS. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Other Business 6.1. Update on August 18. 2003 City Council Meeting Commissioner Ropp provided an update on the August 18, 2003 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . Planning Commission Minutes August 20, 2003 Page 12 The meeting of the Elk River Planning Commission adjourned at 10:16 p.m. Respectfully submitted, 1)~~ Debbie Huebner Recording Secretary