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3. DRAFT PC MINUTES 10-26-2021 WA City of Elk Meeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday, September 28, 2021 Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise,Dennis Booth, Eric Johnson,John Jordan, and Craig Keisling Members Absent: Commissioner Rob Rydberg Also Present: Councilmember/Liaison Mike Beyer Staff Present: Planning Manager Zack Carlton and Sr. Admin. Assistant/Recording Secretary Jennifer Green I. Call Meeting to Order Pursuant to due call and notice thereof, t e meeting `the Elk NRiver Planning Commission was called to order at 6:44 p.m. by Chair Larson-Vito. 2. Consider September 28, 2021, Planning Commission Agenda Moved by Commissioner Johnson and seconded by Commissioner Beise to approve the September 28, 2021, Planning Commission agenda. Motion carried 6-0. '% 3. Consider August 24, 2021, Planning Commission Minutes Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the August 24, 2021, Planning Commission minutes. Motion carried 6-0. 4.1 Job Wimpfheimer, 13182 Ranch Rd. NW ■ Conditional Use Permit for a Home Occupation to operate a commercial auto repair shop, Case No. CU 21-14 Mr. Carlton presented the staff report. Chair Larson-Vito opened the public hearing. Job Wimpfheimer, the applicant, stated he is an auto technician working for a business as a shop foreman and wants to spend more time with his family by starting his own auto repair business. He recognizes the laws requiring compliance with the EPA and has been discussing plans with a contractor to bring his pole shed into Planning Commission Page 2 September 28,2021 ----------------------------- compliance with city code. Commissioner Booth asked if he currently manages the chemicals at his current job. Mr. Wimpfheimer stated he does and is familiar with proper disposal of such chemicals. Gina Larson,21043 Fresno Street NW, stated her concerns with the applicant's request. She asked if there will be a limit to the number of cars stored outside,noting there are several outside now. She asked if there will be signage visible from road and neighborhood. She asked about the amount of noise the business would generate as her neighborhood is quiet. She asked about the drainage system in building and would it include a floor drain and trap. She asked how new and used chemicals will be stored as she has concerns with leakage into the wetland area behind his property. She stated the runoff goes into the creek and will eventually end up in their drinking water. She stated she did the drain tile in this development, and it is very fragile. She asked about a fire suppression system in the pole building, noting how quickly the wetlands can start on fire and spread. She asked if there are proposed colors of the outbuilding and signage. She asked if curb and gutter would be required and if any of the conditions can be waived by the council. She asked if the structure be made bigger, and how long would t? P last for. Mr. Carlton answered Ms. Larson's questions. He stated there is no limit to the applicant storing personal vehicles if they are on an approved surface and are licensed and operable. He stated any vehicles being worked on would need to remain in the fenced area. He stated the applicant would not be allowed to work on any vehicles outdoors and all building openings would need to remain closed during work hours. He stated the applicant is allowed a 24x36 sign along the road. Regarding environmental concerns,Mr. Carlton stated the applicant would be required to follow PCA standards with permitting and storage of chemicals and take all precautions to avoid chemical leaks into water table. He stated fire suppression would be outlined in the commercial building code requirements and recalled the auto repair shop fire in Nowthen a few years previous, stating the commercial standards are required to avoid a fire from occurring in Elk River. Mr. Carlton stated curb and gutter is a condition of the permit which will manage stormwater and runoff. He stated expansions of the building may be allowed but would require an amendment to the CUP. He noted the CUP, once approved,and recorded,is permanent and runs with the property,if conditions are followed and no violations are found. He stated if the use stops for six months or more,the CUP expires. He stated it didn't appear there was any encroachment into the easement areas, and a fence setback would be 10' from property line. Terri Hallgren, 21044 Fresno Street NW, stated she had the same concerns and questions that Ms. Larson asked. She noted her major concern with the effects on the environment and drinking water from inadequate chemical storage, and noted they moved to her neighborhood because they wanted peace and quiet. She asked who monitors if the applicant is following the outlined conditions. rawEeEo er IN'AfURE Planning Commission Page 3 September 28,2021 ----------------------------- Ms. Larson again spoke and stated she knew a '/Z acre of high ground was required for the home and would this CUP change this. She asked the hours of operation and should that be a condition. He asked if the CUP can be transferred to a new owner. She wished to maintain integrity of neighborhood and felt this seems out of character for the neighborhood. Ms. Hallgren again spoke and stated the applicant's website offers appointments beginning October 4 and didn't understand how he could advertise that if the CUP isn't approved. Job Wimpfheimer, the applicant, stated the October 4 date was an intended opening date and he did not realize the length of the permitting process. He stated he will have approved containers from a company that will hold the used oil and used coolant to ensure there is no leaking into the wetlands. He stated if it becomes a big issue, he will move the chemical containers indoors. He explained his intention for working a home business was to spend more time with his family, so he is proposing work hours from 9:00 a.m. to 5:00 p.m. He will work with the contractor regarding fire suppression and wants to do everything the correct way to avoid harming the environment because he lives there also. - - There being no one else to speak hair Larson-Vito closed the public hearing. Ik Mr. Carlton clarified that the concerns with venting, storage, and floor drain will be overseen with the applicant as part of the commercial building permit approval, working with the applicant to mitigate any issues. He stated he spoke to the applicant regarding his website and Mr. Wimpfheimer will change the opening date posted. Mr. Carlton stated the approved CUP stays with the property,not with the landowner, and could transfer to another induvial who would have to comply with the same conditions if approved by the city council. .;Councilmember Beyer stated the applicant will have to comply with city noise 0 ordinances. He noted the building will have to be brought up to commercial code standards for this to be a success. Chair Larson-Vito felt'this application and the conditions outlined in the CUP covers the areas of concerns especially with the storage of chemicals and felt comfortable with the level of oversight. She asked if the hours of operation should be discussed and added as a condition to the CUP. Commissioner Jordan stated he didn't feel the hours of operation should be restrictive and perhaps make it 8:00 a.m. to 6:00 p.m. Commissioner Johnson felt comfortable with the application and conditions,and supported adding a condition with allowed hours of operation to be Monday through Saturday, 8:00 a.m. to 6:00 p.m. Moved by Commissioner Johnson and seconded by Commissioner Jordan to recommend approval of the request by Job Wimpfheimer for a Conditional it-401 wEeEUo0 IYAR' Planning Commission Page 4 September 28,2021 ----------------------------- Use Permit for a Home Operation to operate a commercial auto repair business with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city building official and fire marshal to verify compliance with commercial building, electrical, plumbing, and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. 2. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated August 31, 2021. 3. There shall be no repair or maintenance of vehicles outside of the building. 4. All openings to the accessory structure be closed when the business is in operation. 5. Four (4) customer parking stalls shall be provided a minimum of 10 feet from any property line. These stalls are not to be used for the storage of vehicles being worked on. 6. All customer vehicles stored on the premises must be stored within an area which is screened from view in the public right-of-way by a 6 (six)- foot high 100% opaque fence. 7. Car, truck, RV, and marine sales shall not be allowed. 8. All proposed hardcover shall meet the 45-foot wetland setback. 9. All septic systems must provide a certificate of compliance or notice of noncompliance for the existing septic system and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 10 Follow Minnesota Pollution Control Agency guidelines for chemical waste and secondary runoff controls. All driving areas and parking areas shall be paved with an approved surface (asphalt, concrete, or class 5). All driving areas and parking areas shall be bounded by B612 concrete -' curb and gutter. 13. Hours of operation shall be Monday through Saturday, 8:00 a.m. to 6:00 p.m. Motion carried 6-0. S. General Business There was no general business. IN' ' wEe'fE'oReET" Planning Commission Page 5 September 28,2021 ----------------------------- 6. Council Liaison Update Councilmember Beyer provided an update to the Planning Commission about recent city council activities. 7. Adjournment The meeting was adjourned at 7:15 p.m. Minutes prepared by Jennifer Green. Tina Allard City Clerk Jill Larson-Vito Planning Commission Chair IN' ' wEe'fE'oReEr"