Loading...
09-23-2003 PC MIN . . . MEETING OF THE ELK RNER PLANNING COMMISSION HELD AT LIONS PARK CENTER TUESDAY, SEPTEMBER 23, 2003 Members Present: Chair Pederson, Commissioners Anderson, Franz, Lemke, Offerman, Ropp and Stevens Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Stephen Rohlf, Building & Environmental Administrator; Debbie Huebner, Recording Secretaty 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 6:46 p.m. by Chair Pederson. 2. Consider 9/23/03 Planning Commission Agenda COMMISSIONER ANDERSON MOVED TO APPROVE THE SEPTEMBER 23 2003 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3.1. Consider 8/12/03 Special Planning Commission Meeting Minutes COMMISSIONER ANDERSON MOVED TO APPROVE THE AUGUST 12, 2003 MINUTES. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3.2. Consider August 20. 2003 Special Planning Commission Meeting Minutes COMMISSIONER AANDERSON MOVED TO APPROVE THE AUGUST 20, 2003 MINUTES. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Lemke will attend the October 20, 2003 City Council meeting. 5.1. Request by Aggregate Industries for an Amendment to a Conditional Use Permit for Mineral Extraction. Public Hearing - Case No. Cu 03-29 Staff report by Building & Environmental Administrator Steve Rohlf. Aggregate Industries requests an expansion of an existing fifty-acre gravel mine to include an additional eighty acres. Mr. Rohlf discussed the issues with elevations and traffic. He stated that the applicant and staff met with the area residents several times and that an issue of concern was the impact of the gravel washing on their wells. Mr. Rohlf stated that he did not feel the wells would be affected by the washing, but that conditions are in place to address the issue. . . . Planning Commission Minutes September 23, 2003 Page 2 Mr. Rohlf discussed the issue of noise during the extended hours of operation. He explained the types of soundproofing measures which are proposed by Aggregate Industries. He stated that another meeting will be held with the residents prior to the City Council meeting, and if the noise issues are not resolved, he will recommend the extended hours of operation (6 a.m. - 2 a.m.) be revoked and normal hours resume (7 a.m. - 7 p.m.). Commissioner Anderson asked if the noise issues can't be resolved, should the business be operating at all. Mr. Rohlf explained that conditions on hours of operation are specifically in place to deal with nighttime noise. He noted that the noise during the day does not seem to be the issue. Commissioner Anderson asked if the noise level exceeded State guidelines. Mr. Rohlf explained that the noise is nowhere near to exceeding those limits and that in comparison, the noise level when standing by Highway 169 exceeds the State guidelines. Commissioner Anderson asked if the trucks would stop using Proctor Road. Mr. Rohlf stated that Aggregate Industries' trucks would be prohibited from using Proctor, but that the City cannot control the independent haulers. Commissioner Anderson asked if Aggregate Industries does any local jobs, which would allow use of Proctor Road. Chair Pederson opened the public hearing. Robert Biraugle, representing Aggregate Industries, stated that they do not do local jobs. He stated that they will be working to resolve the noise issues. Mr. Rohlf noted that some of the residents visited the mine to help identify which pieces of equipment are causing the objectionable noise. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Anderson asked for clarification on staff's recommendations for Conditions 12 and 13. Mr. Rohlf explained that the hours of operation would revert to 7 a.m. - 7 p.m. if the noise issues are not resolved. He noted that the neighbors have indicated that a compromise on the hours may be an option. Commissioner Anderson asked how staff can determine if the residents are satisfied. Mr. Rohlf stated that he will have to make a decision based on what is reasonable. Chair Pederson expressed his support for the neighborhood meetings. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY AGGREGATE INDUSTRIAL FORA CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION, CASE NO. CU 03-29, WITH THE CONDITIONS PROPOSED BY STAFF IN THE REPORT TO THE COMMISSION DATED SEPTEMBER 23, 2003. COMMISSIONER STEVENS SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.2. Request by Dick Hedand for Conditional Use Permit for R & G Towing -Outdoor Storage, Public Hearing - Case No. CD 03-26 Staff report by Senior Planner Scott Harlicker. Dick Hedand has requested a conditional use permit for outdoor storage in conjunction with a vehicle towing business at 16501 Highway 10. Mr. Harlicker reviewed the existing site conditions, location of the proposed storage . . . Planning Commission Minutes September 23, 2003 Page 3 area, and staff's recommendations for the site. Staff recommends approval of the request with the four conditions listed in the staff report to the Planning Commission. Chair Pederson opened the public hearing. The Commission and staff discussed the location and height of the existing fence on the north property line. It was determined that the fence was owned the RDF facility and therefore, the applicant would not be able to install slats in the fencing. Bill Helliwell, Plant Manager for the RDF facility, that he was not opposed to the towing operation, but that he was concerned about drainage during a storm event. He explained that the RDF plant plans to move the fence further back onto RDF property in order to provide better security around the perimeter of their property. Mr. Harlicker asked if Mr. Helliwell felt some screening was necessary. Mr. Helliwell stated that screening was not necessary. Mr. Hetland, applicant, stated that he was not aware the fence would be moved. He noted that there is foliage behind the fence, which would provide some screerung. Chair Pederson asked for clarification regarding church services at the site. Mr. Hedand stated that the church has been renting a portion of the building for approximately two years. Chair Pederson asked if the back of the property was accessible to the church patrons. Mr. Hedand stated that the towing storage area would not be accessible to the public. Commissioner Anderson asked for clarification regarding the drainage and utility easement. Mr. Hedand explained that the drainage is designed to go to a holding pond on site. There being no further public comment, Chair Pederson closed the public hearing. Discussion followed regarding alternate locations for the towing area. Mr. Hedand stated that the area proposed by the Commission has poor drainage and would not be suitable for parking vehicles. Trent Morrell of R & G Towing stated that insurance companies normally pick up vehicles quickly, and that the worst-case scenario would be that an unclaimed vehicle could potentially remain on the site for 45 - 60 days. Commissioner Anderson asked if Mr. Morrell would be using the existing garage. Mr. Anderson stated that the garage is not included in his lease agreement. Commissioner Lemke asked how far the garage is located from the west property line. Mr. Harlicker stated that the distance is about 40 feet. Commissioner Lemke asked the representative from the RFD plant if the boundary is moved to the east, would there still be adequate screening. Mr. Helliwell stated that they want the ability to see through their security fence. He stated that if the fence is moved, a lo-foot area for maintenance outside the fence would be adequate. Commissioner Offerman stated that he felt the vehicle storage area needs to be fenced and that slats should be required in the fencing. Ms. McPherson noted that the R& G's Towing's former location was the Boelter property at Highway 10 and Main Street, and that this area was a tremendous improvement. Commissioner Franz stated that a condition could be included to require that a new fence be required for the towing site, if the RDF facility decided to relocate their fence. . . . Planning Commission Minutes September 23, 2003 Page 4 COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY DICK HETLAND FORA CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN CONJUNCTION WITH A TOWING BUSINESS, CASE NO. CU 03-26 WITH THE FOLLOWING CONDITIONS: 1. A CHAIN LINK. FENCE SHALL BE MAINTAINED ALONG THE NORTH PROPERTY LINE. 2. THE STORAGE AREA SHALL NOT EXTEND INTO THE DRAINAGE AND UTILITY EASEMENT. 3. THE SURFACE OF THE STORAGE AREA SHALL BE CLASS V OR SOME OTHER SUITABLE MATERIAL APPROVED BY THE CITY. 4. THE BOUNDARY OF THE STORAGE AREA SHALL BE DELINEATED BY LANDSCAPE TIMBERS OR SOME OTHER MATERIAL APPROVED BY THE CITY. COMMISSIONER STEVENS SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Lemke opposed. 5.3. Request by Karla Donner for Interim Use Permit for Fitness Facility - Elk River Business Park. Public Hearing - Case No. 03-27 Staff report by Director of Planning Michele McPherson. Karla Donner requested an Interim Use Permit to allow a fitness facility in the Elk River Business Park, 17834 Industrial Circle. Ms. McPherson stated that staff recommends that the Planning Commission recommend denial of the request, based on the finding that the use is neither compatible nor consistent with the goals of the Business Park District. Staff also recommends rezoning the plat or a portion of the plat to C3 Highway Commercial. Ms. McPherson noted that the Economic Development Authority recommended denial of the interim use permit and they were opposed to rezoning the property to C3 Highway Commercial. Chair Pederson opened the public hearing. Rick Martens, representing Elk River Business Park, stated that it is not uncommon to find non-industrial recreational uses in a business park. He feels that the fitness facility will meet a need in the community and that it would be difficult for his client to find the 5,000 square feet they need in Elk River. Marty Fischer, representing the applicant, stated that Elk River does not have a mainstream fitness center that children and seniors can utilize. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Anderson stated that if staff and the EDA do not feel the use is appropriate, he could not support it, and that he did not support the gymnastics facility when it was before the Planning Commission. He stated that if a portion of the business park were rezoned to allow this type of business as a conditional use, he would be willing to consider the request. Chair Pederson concurred and stated that he also voted against the gymnastics facility. He stated that he feels the language in the Business Park Statement of Purpose is clear. . . . Planning Commission Minutes September 23, 2003 Page 5 Commissioner Ropp asked the applicant how long they were requesting the interim use. Ms. Donner, applicant, stated that they would like a five-year term. Commissioner Lemke asked when the gymnastics facility's interim use would expire. Mr. Martens stated that it will expire in Fall 2005. Commissioner Franz stated that given the depressed economy, he could support the request as an interim use with a shorter time line that the requested five years. Commissioners Offerman, Franz, and Ropp concurred. COMMISSIONER LEMKE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY KARLA DONNER FORAN INTERIM USE PERMIT TO ALLOW A FITNESS CENTER IN THE ELK RIVER BUSINESS PARK, CASE NO. CU 03-27 WITH THE FOLLOWING CONDITION: 1. THE INTERIM USE SHALL EXPIRE THREE (3) YEARS FROM THE DATE OF CITY COUNCIL APPROVAL. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 4-3. Chair Pederson and Commissioners Anderson and Stevens opposed. 5.4. Request by City of Elk River for Ordinance Amendment to Allow Cemeteries as a Conditional Use in the R1 Zoning Districts. Public Hearing - Case No. OA 03-06 Staff report by Scott Harlicker. Staff recommends approval of an amendment to allow cemeteries as a conditional use in the R1 zoning districts. Mr. Harlicker explained that the existing cemeteries, Orono and St. Andrews, are located on property that is zoned Rlc and that no improvements can be made, since they are non-conforming. This amendment would allow cemeteries as conditional uses in all Rl zoning districts. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FORAN ORDINANCE AMENDMENT TO ALLOW CEMETERIES AS A CONDITIONAL USE IN THE R1 ZONING DISTRICTS, CASE NO. OA 03-06. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. Request by Church of St. Andrews for a Conditional Use Permit to allow construction of a 32'x24' storage garage. Public Hearing - Case No. CO 03-30 Staff report by Scott Harlicker. St. Andrews Church is requesting a conditional use permit to construct a 32'x24' garage to store maintenance equipment and supplies for the cemetery. Mr. Harlicker explained that there would also be a small office area within the garage with a 3-foot wide door and a window. Staff recommends approval of the conditional use permit with the two conditions listed in the staff report. Chair Pederson opened the public hearing. . . . Planning Commission Minutes September 23, 2003 Page 6 Tom Keimpfer, representing the Church of Saint Andrew, stated that their storage needs are growing. He stated that they chose the proposed location since it provides the best screening. He noted that the drive to the garage would be blacktopped. A small meeting area is being proposed so that that staff can meet with a purchaser of a burial plot without having to stand outside in inclement weather. Mr. Keimpfer stated that the outside of the garage will be complementary to the neighboring townhomes. He stated that he did not have a problem with any of the conditions recommended by staff. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY ST. ANDREWS CHURCH FORA CONDITIONAL USE PERMIT TO CONSTRUCT A GARAGE, CASE NO. CU 03-30, 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 REASON, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE CONDITIONAL USE PERMIT. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.6. Request by Ravia Real Estate. LLC for Preliminary Plat Approval (The Pines Town Office Park 2nd Addition). Public Hearing - Case No. P 03-08 Staff report by Michele McPherson. Ravia Real Estate LLC has requested preliminary plat approval in order to replat Lots 1 through 5, Block 2, the Pines Town Office Park into one lot. Ms. McPherson explained that the lots must be replatted to eliminate the lot lines in order to change the plat from townhomes to condominiums. She noted that the applicant has addressed the City Engineer's comment regarding easements. Staff recommended approval of the request. Commissioner Anderson asked if there were any negative ramifications in replatting the property. Ms. McPherson stated no, and that the condominiums would allow the applicant more flexibility in finding clients for the property. Commissioner Offerman asked if there would still be an association. Ms. McPherson stated that there would be an association that would maintain the common grounds. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY RAVIA REAL ESTATE LLC FOR PRELIMINARY PLAT APPROVAL (THE PINES TOWN OFFICE 2ND ADDITION), CASE NO. P 03-08. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes September 23, 2003 Page 7 5.7. 5.8. Request by Victor Pacheco for Rezoning of Certain Property from Rlc (Single Family Residential) to R3 (Townhouse/Multiple Family Residential). Public Hearing - Case No. ZC 03-06 Request by Victor Pacheco for Preliminary Plat Approval (Boulder Point). Public Hearing - Case No. P 03-11 Staff report by Planner Chris Leeseberg. Suburban Land Development has requested a rezoning from Rid (Single Family Residential) to R3 (Townhouse District), and preliminary plat approval to subdivide approximately 1.5 acres into two lots (Boulder Point). Lot 1 will be utilized for 5 units and Lot 2 will have 4 units. Mr. Leeseberg reviewed the location, zoning, surrounding land uses, and landscaping. He noted that Lot 1, Block 1 does not meet the 50-foot setback requirement and a 12.6 feet variance would be required. If a variance is granted, staff recommends that six additional pines be planted between Lot 1, Block 1 and the County Road. Mr. Leeseberg stated that the applicant will be providing revised elevations, as the submitted elevations do not comply with the R3 design standards. Staff recommends approval of the rezoning and preliminary plat based on the findings and conditions listed in the staff report. Commissioner Anderson stated that he felt the vegetation would impact the traffic to the east. Ms. McPherson noted that a signal is planned for this intersection, but that a signal justification study will be required which could take 18 months - 3 years. Chair Pederson opened the public hearing. Victor Pachecho, applicant, distributed revised elevations at this time. Chair Pederson asked if the revised drawings included breaks in the rear fa~ade. Mr. Pacheco stated that there were vertical breaks. Kara Otto, Civil Engineer representing the applicant, reviewed the drainage and ponding on the common lot area. Chair Pederson asked if they would be allowed to use this area. Ms. McPherson explained that the City allows expansion of public drainage and utility easements to serve as regional ponding areas. Mr. Pacheco stated that he was willing to comply with the City's recommendations for site lines and screening. Ms. Otto stated that she has no problem complying with the City Engineer's comments. Commissioner Franz stated that he was surprised staff was willing to approve the plat with a variance. Mr. Leesberg stated that staff did not feel it was a significant issue and the additional screening will serve to meet the intent of the setback buffer zone. Ms. McPherson explained that the additional unit will help to ensure the success of the homeowner's association, since homeowner's associations are challenging for smaller projects. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Offerman sated that he was hopeful the intersection would be signalized soon. He stated that there was more of a visibility problem on the north side, not the south side where the subject property is located. He stated he did not have a problem with the proposed variance and that the additional trees would not be an issue. He stated that he would like to see more detail in the rear elevations. . . . Planning Commission Minutes September 23, 2003 Page 8 Ms. McPherson stated that staff has not had an opportunity to review the revised elevations for compliance with the R3 design standards. Mr. Pacheco stated that he was willing to comply with the R3 design standards and would meet any of staff's recommendations for compliance. Commissioner Anderson stated that he was nncomfortable making a recommendation on the application, since it is incomplete, and that he was opposed to a variance. It was the consensus to table the requests to the October 14, 20003 Planning Commission workshop meeting. The Commission asked that complete elevations be provided for review and recommendation by staff prior to the workshop meeting. A poll of the Commissioners indicated that the majority was opposed to a variance. COMMISSIONER FRANZ MOVED TO TABLE THE REQUEST BY SUBURBAN LAND DEVELOPMENT (VICTOR PACHECO) FOR REZONING AND PRELIMINARY PLAT APPROVAL (BOULDER POINT), CASE NO.'S ZC 03-06 AND P 03-11, TO THE SEPTEMBER 14,2003 SPECIAL MEETING. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.9. Request by Justin Pogones & J & J Auto Specialties for a Conditional Use Permit for Outdoor storage and auto repair, Public Hearing - Case No. CD 03-28 Commissioner Stevens excused himself from the discussion of this item due to a potential conflict of interest. Staff report by Scott Harlicker. J & J Auto Specialties has requested a conditional use permit for an auto repair business and outdoor storage at 17239 Ulysses Street. An Intemet sales/warehouse business, which is a permitted use, will also be operating out of this building. Mr. Harlicker reviewed the site conditions, surronnding land uses, location of the proposed outdoor storage, parking and access, and landscaping issues. He noted that the applicant has indicated he will connect the building to city water and sewer. Staff recommended approval of the request with the six conditions listed in the staff report. Chair Pederson opened the public hearing. Commissioner Ropp asked how the driveway would be surfaced. Mr. Pogones, applicant, stated that the drive would be paved. Commissioner Franz asked how much of the business is sales. Mr. Pogones stated that five to ten percent of the business would be sales. Commissioner Anderson asked if the semi trailers would be kept on site. Mr. Pogones stated that the trailers would be used for storage of inventory-. Chair Pederson asked why the semi trailers were necessary-. Craig Storts, Quality Surplus, stated that they carty large parts, which will not stack in the racking inside the warehouse. Commissioner Anderson stated that he was nncomfortable with the trailers sitting on site. Mr. Sturts stated that some of the trailers are used to pick up parts. Planning Commission Minutes September 23, 2003 Page 9 . 1. 2. . 3. 4. 5. 6. 7. Commissioner Offerman stated that he also was concerned with the trailers. He stated that he felt the trailers should at least be MnDOT -compliant. Commissioner Anderson asked if screening should be considered and also, if the Fire Chief had any concerns regarding the trailers. Mr. Harlicker explained that the only concern the Fire Chief mentioned was that he would like an inventory of what type of materials would be stored in the trailers. Chair Pederson stated that if the trailers were road-worthy, he did not think. screening was necessary given the zoning and location of the property. Ms. McPherson stated that this is an industrial area, surrounded by uses that utilize semi trucks and trailers, and that requiring the applicant to screen their trailers did not seem appropriate. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER LEMKE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY J & J AUTO SPECIALTIES FORA CONDITIONAL USE PERMIT, CASE NO. CU 03-28 WITH THE FOLLOWING CONDITIONS: ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. A LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE; ADDITIONAL PLANTINGS WILL BE REQUIRED TO SCREEN THE OUTDOOR STORAGE AREA AND THE STORAGE TRAILERS. THE SITE PLAN SHALL BE REVISED SO THAT 29 PARKING SPACES ARE SHOWN. THE OUTDOOR STORAGE AREA SHALL BE SHOWN ON THE SITE PLAN. AN 8-FOOT HIGH STOCKADE FENCE SHALL ENCLOSE THE OUTDOOR STORAGE. THE DRIVEWAY ALONG THE SOUTH PROPERTY LINE SHALL COMPLY WITH THE lO-FOOT SETBACK REQUIREMENT. SEMI TRAILERS ON SITE SHALL BE IN COMPLIANCE WITH MNDOT REQUIREMENTS TO BE ROAD-READY. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.1. Update on 9/15/03 City Council Meeting Commissioner Offerman provided an update on the September 15, 2003 City Council meeting. 6.2. Call for Public Hearing October 28. 2003 - Comprehensive Plan . . . . Planning Commission Minutes September 23, 2003 Page 10 COMMISSIONER ANDERSON MOVED TO CALL A PUBLIC HEARING ON OCTOBER 28, 2003 FOR THE COMPRHENSIVE PLAN. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . . Planning Commission Minutes September 23, 2003 Page 11 8. Adiournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:20 p.m. Respectfully submitted, ,{)~ ~ Debbie Huebner Recording Secretary