Loading...
12-16-2003 PC MIN - SPECIAL . . . MEETING OF THE ELK RNER PLANNING COMMISSION HELD AT LIONS PARK CENTER TUESDAY, DECEMBER 16, 2003 Members Present: Chair Pederson (arrived at 7:15), Commissioners Franz, Lemke, Offerman, Ropp and Stevens Members Absent: Commissioner Anderson Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Terry Maurer, City Engineer; Kevin Pape, Howard R Green Company 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 6:38 p.m. by Vice Chair Ropp. 2. Consider 12/16/03 PI~ Commission Agenda COMMISSIONER OFFERMAN MOVED TO APPROVE THE DECEMBER 16, 2003 PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 11/25/03 Planning Commission Minutes COMMISSIONER STEVENS MOVED TO APPROVE THE NOVEMBER 25, 2003, MINUTES. COMMISSIONER LEMKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planning Commi~sion Representative to Attend J anuaty 2004 City Council Meeting Commissioner Franz will attend the Januaty 20,2004 City Council meeting. 5.1. The staff report fpr this item was presented by Senior Planner Scott Harlicker. Robert Erbstoesser requ~sts a conditional use permit to operate a cabinet business as a home occupation at 11~96 191st Avenue. Mr. Harlicker reviewed the site conditions, the hours of operation, the nufnber of employees (2), and the number of deliveries arriving to the site. i Staff recommen4 approval of the conditional use permit. i i Commissioner O~ferman asked if the application was in response to the fact that the use of the site is in non4ompliance with the previous conditional use permit. Mr. Harlicker stated, "yes." Commissioner Stbvens asked if the business is currently in place. Mr. Harlicker stated, "yes." Commissioner Stbvens asked if any complaints had been received. Mr. Harlicker stated, " " no. . . . Planning Commission Minutes December 16, 2003 Page 2 Commissioner Franz asked if customers picked up cabinets at the site. Mr. Erbstoesser stated that he delivers cabinets to the customer at their location. Temporary vice-chair Ropp opened the public hearing. Mark Lavelle - 11783 191st Avenue stated that he was opposed to the request; that he felt the cabinet making business was in fact a manufacturing facility and that it was inappropriate for the neighborhood. He had questions regarding waist disposal, including sawdust, solvents, and stains. Mr. Lavelle asked if the site had been inspected by the fire department. Dick Vagts - Mr. Vagts stated that he felt the cabinet making facility was a positive experience. The shop is entirely enclosed, the neighborhood is very quiet, and all the vehicles are parked on site. He was in favor of approving the request. Robert Erbstoesser, applicant, stated that they do not complete any finishing on site other than occasional spraying of doors that have been damaged. The finishing is done at the client's site and always products such as sawdust are hauled to the landfill. Commissioner Offerman asked what type of equipment is used and if the doors are left open in the summer. Mr. Erbstoesser stated that he uses typical woodworking equipment such as a planer, router, and table saw. The shop building is insulated and air conditioner so that it is unnecessary for door s or windows to be opened in the summer. Commissioner Offerman inquired about the gray cargo trailer on site. The applicant stated that this is used for deliveries. There being no further public comment, temporary Vice-Chair Ropp closed the public hearing. Commissioner Franz inquired as to why there were no conditions on a Conditional Use Permit. Mr. Harlicker suggested adding an annual fire department inspection as a condition of approval. COMMISSIONER STEVENS MOVED TO RECOMMEND APPROVAL OF THE REQUEST WITH ONE CONDITION: 1) THE SHOP SHALL BE INSPECTED ANNUALLY BY THE FIRE DEPARMENT. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Request by Abfalter Brothers Concrete LLC/G.G. Property Management. LLC for a Conditional Use Permit for Outside Storage. Public Hearing - Case No. CO 03-34 Planner Chris Leeseberg presented the staff report. Abfalter Brothers request a conditional use permit for outdoor storage associated with a concrete business at 15546 Cleveland Street. Mr. Leeseberg reviewed the location, existing site conditions, zoning, screening requirements, landscaping and parking. . . . Planning Commission Minutes December 16, 2003 Page 3 Staff recommends approval of the conditional use permit with the eight conditions listed in the staff report to the Commission dated December 16, 20003. Commissioner Franz asked if they could get 32 trees as required by the code on the site. Mr. Leeseberg stated that they could increase the tree size, which would reduce the number of required trees by half. Temporary Vice-Chair Ropp opened the public hearing. Mr. Lynn Hendrickson of Abfalter's Concrete stated that they are concerned with the required number of tress and would like to see them reduced in order to utilize the site efficiently. The fence line needs to be moved as close as possible to the property lines. With there being no public commented temporary Vice-Chair Ropp closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST. COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Request by Maureen Ivers for a Conditional Use Permit to Operate a Canine Obedience and Daycare Facility, Public Hearing - Case No. CU 03-35 Chris Leeseberg presented the staff report for this item. Maureen Ivers requests a conditional use permit to operate a dog daycare and training center at 9942 Highway 10. Mr. Leeseberg reviewed the site conditions, the layout of the facility, the hours of operation, and the number of staff to utilize the site. Ms. Ivers provided an overview of the internal exercise facility, and discussed the training practices proposed to be utilized at the facility. Staff recommends approval of the request with the five conditions listed in the staff report. T emporaty Vice-Chair Ropp opened the public hearing. Commissioner Franz inquired as to the procedure for disposal of dog waste. Ms; Ivers responded that it is to be picked up immediately. Commissioner Franz asked how noise would impact adjacent tenants. Ms. Ivers stated that dogs that are at play do not really bark or make a substantial amount of noise, especially when they are in a pack-like setting. The tenants basis are well-insulated and the noise issue has also been addressed with the building owner. Chair-Pederson arrived at this time (7:15). With there being no public comment, Chair Pederson closed the public hearing. Commissioner Franz stated that he was concerned with dog feces being placed in the trash, as he believed that this was an illegal activity. Ms. Ivers stated that she did check with animal health and they did not indicate that it could not be placed in the trash. Commissioner Ropp asked about the outdoor animal activity. Ms. Ivers stated that the dogs would be taken outside for the purposes of elimination and that a special area had been . . . Planning Conunission Minutes December 16, 2003 Page 4 5.4. identified by the building owner for this activity. Mr. Leeseberg stated that one additional condition should be included, stating "all state licenses as necessary shall be obtained prior to operation of the facility." COMMISSIONER STEVENS MOVED TO RECOMMEND APPROVAL WITH THE SIX CONDITIONS. COMMISSIONER LEMKE SECONDED THE MOTION. Commissioner Franz stated that he was concerned with the application not meeting the noise standards. Ms. McPherson, Director of Planning, stated that the tenant is locating in an industrial building and that there could be machine shops on either side of the tenant's space for the canine facility, and that the noise in all likelihood is not going to be an issue. THE MOTION CARRIED 6-0. Request by Vision of Elk River for an Ordinance Amendment to Section 30-1292(d) to add Bus Terminals as a Conditional Use in the 11 (Light Industrial) Zoning District. Public Hearing - Case No. OA 03-08 The staff report for this item was presented by Scott Harlicker. Vision Enterprises request an ordinance amendment to allow bus terminals as a conditional use in the 11 (Light Industrial) zoning district. Mr. Harlicker reviewed the past histOlY regarding bus and truck terminals, and the ordinance changes that affected these types of uses. In 1996 bus terminals were removed from the 11 (Light Industrial) zoning district and, as a result, Division Enterprises facility is a legal, nonconforming use and, as such, will not be able to expand or make modifications to an existing or new buildings on the site. Two options were presented to the applicant to resolve this issue; one, being the ordinance amendment. Staff recommends approval of proposed ordinance amendment provided the property has direct access to an arterial street. Commissioner Franz asked if the 12 (Medium Industrial) district could allow other types of busses other than school busses. Mr. Harlicker stated that this would need to be a separate ordinance amendment to be considered by the Commission. Chair Pederson opened the public hearing. With there being no public comment, Chair Pederson closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE REQUEST AND COMMISSIONER STEVENS SECONDEDTHE MOTION. THE MOTION CARRIED 6-0. 5.5. Review Draft Transportation Plan - Public Hearing Ms. McPherson, Director of Planning, introduced Kevin Pape, Howard R. Green Company, Lead Staff person responsible for the preparation of the Transportation plan based on the Land Use plan and the Comprehensive plan. . . . Planning Commission Minutes December 16, 2003 Page 5 Mr. Pape presented an overview of the Transportation plan discussing the existing conditions, the future anticipated congestion and recommendations for short-term, mid- term, and long-term improvements. He also reviewed policies regarding stop signs, dead end streets and development of corridors Chair Pederson opened the public hearing. Commissioner Lemke stated that the City Council did not pass the Comprehensive plan nor the joint recommendation regarding a development moratorium. He felt that moratorium is appropriate based on the transportation planning needs of the City. He is concerned regarding the interchange footprints and that fact that projects may be presented and approved which would increase the future costs of interchange construction. Commissioner Lemke stated that the City should take the lead with MnDOT and other jurisdictions and not just work with them to make the transportation improvements happen. He felt that the truck highway was showing its ware and the citizens need additional choices for vehicular movement in the community other than the trunk highways. Commissioner Stevens stated that he agreed with Commissioner Lemke. He felt that there were grounds to support a development moratorium and that citizens are experiencing a rising frustration with transportation issues in the community. He felt that the City should develop corridors first for development as opposed to reacting to development proposals. Commissioner Offerman stated that he agreed with the two previous commissioners. Highway 169 is a major transportation issue that is dividing the community and that will ultimately cause businesses and residents to avoid locating in Elk River. He felt that 169 was dividing the community east and west because of the difficulty in crossing the highway. He stated that he was concerned with Elk River becoming a bottleneck once the Otsego projects were completed in 2006 and 2007. T eny Maurer, City Engineer, provided some background regarding the scheduled meetings with MnDOT and how MnDOT operates with regard to interchange construction. He stated that his conversations with MnDOT staff led him to believe that planning monies would be available to move to the next step so that if additional monies become available, MnDOT can then buy land for the interchange sites. He stated that he is also building a better working relationship with the county and that monthly staff meetings and quarterly staff council and commissioner meetings have been established. Mark Oswald, Vision Transportation, stated that safety is a serious issue and that they often have accidents with their busses when vehicles rear-end them, and this is due to spacing issues. They have not had any fatalities as a results of a rear-end collision since 1984, and he hoped to keep it that way, but that transportation improvements were important in the community. Commissioner Offerman stated that he would like to see the highway 169 interchange planning accelerated from the timeline noted in the plan. Mr. Maurer suggested a joint meeting with the Council to discuss transportation priorities as a sole meeting subject. Commissioner Stevens stated that east/west corridors leading to the interchanges should be an equally strong focus, as these appear to be a weak link in the plan in that" accidental corridors" have been created to date. . . . Planning Commission Minutes [)ecernber16,2003 Page 6 Commissioner Pederson asked if there was any consideration given to the NCDA planning and development on the highway 10 corridor, and whether this would help reduce congestion. Mr. Pape stated that there were some studies made, however, based on ridership there would not be enough change created by the NCDA to significantly change congestion levels from one status to the other. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER OFFERMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A HIGH PRORITY BE PLACED ON ACCELERATING THE HIGHWAY 169 CORRIDOR INTERCHANGE PLANNING AND THAT A JOINT MEETING BETWEEN THE PLANNING COMMISSION AND CITY COUNCIL BE HELD WITHIN THE FIRST QUARTER OF 2004. COMMISSIONER STEVENS SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER OFFERMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE TRANSPORTATION PLAN BE APPROVED AS WRITTEN, BUT THAT THE IMPROVEMENT SCHEDULE WITHIN THE PLAN BE ADJUSTED BASED ON WORK COMPLETED BY THE CITY COUNCIL AND PLANNING COMMISSION AT THE JOINT MEETING. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Other Business 6.1. Update on December 15. 2003 Ci1;y Council Meeting Chair Pederson provided an update on the December 15, 2003 City Council meetmg. 8. Adiournment There being no further business, COMMISSIONER FRANZ MOVED TO ADJOURN THE MEETING. COMMISSIONER STEVENS SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 8:45p.m. Respectfully submitted, Michele McPherson Director of Planning