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04-22-1997 PC MIN . . . i~~~@WE~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, April 22, 1997 Members Present: Chair Anderson, Commissioners Cote. Kuester. Mesich, Minton, and Thompson Members Absent: Commissioner Sullivan Staff Present: Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Steve Rohlf, Building and Zoning Administrator; Dave Sellergren, City Attorney; Debbie Kleckner. Recording Secretary Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. by Chair Anderson. COMMISSIONER THOMPSON MOVED TO APPROVE THE APRIL 22, 1997 PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER THOMPSON MOVED TO APPROVE THE 3/25/97 PLANNING COMMISSION MINUTES. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Minton will attend the May 19.1997 City Council Meeting. Staff report by Scott Harlicker. Camas Minnesota, Inc. is requesting a conditional use permit for the construction of a masonry block manufacturing plant, and a minor expansion to the existing plant located at 11717 2051h Avenue. The 25' by 190' (4.750 sq. ft.) expansion to the existing plant will house blowers to cure concrete blocks. The new 220' by 185' (40,700 sq. ft.) block manufacturing plant will be located to the north or rear of the existing facility. Plans for a second access from County Road 32 have been forwarded to the county engineer for comment. Scott reviewed plans for an additional driveway, paving. and landscaping improvements proposed by the applicant. Chair Anderson opened the public hearing. Planning Commission Minutes April 22. 1997 Page 2 . Bob Bieraugle, representing Camas, Inc. , requested a three year phasing for paving of the site, rather than the 2 year phasing proposed by staff. Mr. Bieraugle provided a map which identified an area for the third year phasing. He felt this area may better serve as green space. Mr. Bieraugle also questioned the need for curb and gutter, since there is no storm sewer in this area. He noted if the adjacent Plaisted property has curb and gutter, they would be willing to tie into it in that area of their property, but did not feel it was necessary for the new access. Scott indicated the ordinance requires curb and gutter, and the applicant would need to apply for a variance if curb and gutter was not included. Discussion followed regarding phasing of the paving at the site and the impact of additional truck traffic. Terry Sossong, Production Manger for Camas, indicated there would be a slight increase in the amount of truck traffic. There are 10 trucks making approximately 2-4 trips per day during the building season and 1-2 trips in the winter. Mr. Sossong estimated they will add 2-4 trucks with the expansion of the operation. Also, 15-20 trips a day are made to deliver aggregate. and this may be increased to 20-30 trips. . Chair Anderson questioned who is responsible for maintaining 2051h A venue and expressed concern for the condition of the road. Scott indicated 2051h is a county road. Mr. Bieraugle stated Sherburne County Highway Department has hired a consultant for recommendation to improve 2051h Avenue. He felt it would not be possible to plan for curb and gutter until the elevation of 2051h is determined. Chair Anderson stated he has safety concerns regarding additional truck traffic at the County Road 33 and Highway 169 intersection and feels this is already a dangerous intersection. Commissioner Minton expressed concern the site distance issues be addressed by the county. Commissioner Mesich felt paving of the area proposed by staff should be required to control dust. Commissioner Cote asked if turn lanes off County Road No. 33 have been discussed with the County. Steve Ach noted this issue will be discussed with the County Engineer. There being no other comments from the public, Chair Anderson closed the public hearing. More information is needed on the following issues: -Right turn lane on County Road No. 33 -The vertical curve of County Road No. 33 -Future elevation of County Road No. -Traffic at the intersection of County Road No. 33 and Highway 169 -Upgrading of County Road No. 33 -clarification of a 3 year phasing plan for paving at the site -receipt of the City Engineer's report . COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND THE REQUEST BY CAMAS MINNESOTA, INC. (PUBLIC HEARING CASE NO. CU 97-8) BE POSTPONED FOR MORE INFORMATION, TO THE MAY 27, 1997 PLANNING Planning Commission Minutes April 22, 1997 Page 3 . COMMISSION MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Rohlf. The Elk River Landfill is requesting an amendment to their current conditional use permit for a 52 acre expansion of the landfill site, and to renew their solid waste facility license. Steve reviewed issues regarding the MPCA permit, corrective actions being taken at the landfill, the proposed expansion and final elevation, as addressed in his memo the Planning Commission dated April 22, 1997. Commissioner Kuester questioned why no trees can be planted on the cell sites as part of the land reclamation. Steve Rohlf explained the root system would penetrate the protective cap and allow contaminants to be released. Chair Anderson opened the public hearing. There being no comment from the public, Chair Anderson closed the public hearing. Steve Rohlf explained the function of the active gas venting is to control methane gas migration, and also helps to reduce the extent of volatile organic ground water contamination. Steve added there may be some opportunity to utilize the methane gas in conjunction with the Energy City designation. . Commissioner Minton questioned how many cells are unlined at the landfill. Vicki Kreger, representing the Elk River Landfill, stated there are 9 unlined cells, and 3 lined cells. She added the landfill has agreed to locate the wind generator proposed as an Energy City project on their property. Chair Anderson questioned how many years the landfill expects to operate. Ms. Kreger stated they predict operation for 30 - 50 more years. Steve added this would amount to a total capacity of 13.1 million yards of refuse. Ms. Kreger stated they have met with a consultant to address long term issues regarding closure of the landfill. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY ELK RIVER LANDFILL, INC. FOR AN AMENDMENT TO CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-9, BASED ON THE CONDITIONS ADDRESSED BY STAFF. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Ms. Kreger expressed her appreciation for staff's helpfulness and their willingness to go out of their way to work with them. 5.3. Bauerlv Bros. Reauest for Conditional Use Permit and License to Mine Gravel. Public Hearina Case No. CU 97-2 . Staff report by Steve Rohlf. Bauerly Bros., Inc. is requesting a conditional use permit to excavate gravel on approximately 150 acres located east of Highway 169 and south of 225th Avenue, currently owned by Ernest T oth. Bauerly is proposing to mine the site for approximately 20 years, and the gravel is mined for Planning Commission Minutes April 22, 1997 Page 4 . their own use. Steve stated a neighborhood meeting was held and issues regarding dust, noise, traffic and the 24 hour crushing operation were discussed. He indicated he received a letter from Jeff Lawson, who has since met with Dave Bauerly of Bauerly Bros. Also, comments were received from a neighboring resident who proposed berming along 225lh A venue to help screen the gravel pit, as well as blacktopping 225lh for safety reasons and dust control. Steve noted the City Engineer and Street Superintendent are in agreement 225lh Avenue should be blacktopped, and Bauerly Brothers be required to participate in the project with "in kind" services, cash or a combination of both. He discussed the need to involve Livonia Township in improvements to 225lh Avenue, since two other gravel mining operations in their jurisdiction make extensive use of 2251h. Steve noted it was the general consensus of the neighbors to allow Bauerly Brothers 24 hour crushing for 25 consecutive days per year, rather than from the normal hours of 7 a.m. to 7 p.m. and if this became a problem, the condition could be revoked. Commissioner Minton questioned if mining 3 feet above the groundwater was adequate. Steve Rohlf explained that mining can be done below groundwater. but a special set of conditions would then apply to their operation. Chair Anderson opened the public hearing. Jeff Lawson, 22715 Baldwin street, expressed his concerns regarding the following issues: . -School bus traffic -Signage at the road entrance -Prohibiting right turns from the site -Speeding -Blacktopping of the access for dust control -hours of operation -reclamation, setbacks, noise, and dust Vicki Kreger, 11661 225lh Avenue NW, expressed her concern for speeding vehicles approaching Highway 169 from the east. She felt 225lh should be paved, but if this could not be done in the near future, Bauerly should be required to water the road on a regular basis to control dust. The blacktopping of 225lh and financing of a project was discussed. There being no additional comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY BAUERLY BROS., INC. FOR A CONDITIONAL USE PERMIT AND LICENSE TO MINE GRAVEL, WITH THE CONDITIONS OUTLINED IN THE CONDITIONAL USE PERMIT, AND WITH THE FOLLOWING ADDED CONDITIONS: 1. CONCERNS OF THE CITY ENGINEER BE ADDRESSED AS STATED IN HIS LETTER DATED APRIL 16, 1997 REGARDING THE UPGRADING OF 225TH AVENUE, SIGNAGE ON 225TH ADVISING TRAFFIC OF THE PLANT ACCESS AND SLOW MOVING VEHICLES AND THE LANDING AREA AS 225TH AVENUE APPROACHES 169. . . . . Planning Commission Minutes April 22, 1997 Page 5 2. THE APPLICANT BE REQUIRED TO PAVE 225TH AVENUE FROM HIGHWAY 169 TO THE ENTRANCE OF THEIR FACILITY BY NOVEMBER 1998, IF A ROAD IMPROVEMENT PROJECT FOR 22STH AVENUE IS NOT ORDERED BY THE CITY OF ELK RIVER. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. CHAIR ANDERSON OPPOSED. Police Chief Tom Zerwas explained a proposal for redefining the handicap parking spaces in the downtown. COMMISSIONER KUESTER MOVED APPROVAL OF THE PROPOSAL BY CHIEF ZERWAS FOR LOCATION OF HANDICAP PARKING SPACES IN THE DOWNTOWN. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Steve Ach. L& W Limited Liability Company is requesting a conditional use permit to operate an auto body repair and construct a second principal building at 11061 173rd Avenue (behind Bridgeman's Restaurant). The existing 7,200 sq. ft. building would be occupied by Deano's Auto Collision and Precision Frame and Alignment would locate in the proposed 5,525 sq. ft. building. Steve discussed concerns regarding parking and circulation, future water, sewer and road improvements, and landscaping, as well as issues related to the well and septic system at this site and the Bridgeman's site. Chair Anderson opened the public hearing. John Weicht, 13330 Island View Drive, representing the developer, indicated there may be adequate area for a second drainfield between Bridgeman's existing drainfield and the proposed building. Mr. Weicht noted the recycling and outdoor storage would be contained in a fenced area. Paul Bell, owner of Bridgeman's Restaurant, expressed his concern the drainfield easement issues need to be resolved before the project is approved. Dick Lorntson, owner of Precision Frame & Alignment, expressed his willingness to work with Mr. Bell in resolving the drainfield issues. There being no other comments from the public, Chair Anderson closed the public hearing. Commissioner Minton agreed with Commissioner Kuester that additional landscaping was necessary between the subject property and the adjacent restaurant property. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY L&W LIMITED LIABILITY CO. FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-10, BASED ON THE INFORMATION IN . . . Planning Commission Minutes April 22, 1997 Page 6 STAFF'S MEMO AND RECEIVED DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. THE PROPOSED SITE PLAN BE REVISED TO DEMONSTRATE SUFFICIENT LOCATION FOR A PRIMARY AND SECONDARY DRAINFIELD FOR BOTH COMMERCIAL BUILDINGS. 2. THE SITE PLAN SHALL DEMONSTRATE A DESIGN THAT MEETS THE CITY'S DIMENSIONAL REQUIREMENTS FOR ANGLED PARKING AND DRIVE AISLE WIDTHS. 3. NO LANDSCAPING SHALL BE PLACED IN AREAS WHERE THERE WILL BE A DRAIN FIELD. 4. THE PARKING SETBACK FROM 173RD AVENUE BE MEASURED FROM THE PLANNED RIGHT OF WAY OF 80 FEET. 5. DRAINAGE PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING WORK ON SITE. THIS PLAN SHALL INCLUDE THE NECESSARY DETENTION AND QUALITY CONTROL POND AS REQUIRED BY THE CITY ENGINEER. 6. ALL OUTDOOR STORAGE BE CONFINED TO THE FENCED AREA. 7. THE BRIDGEMAN'S SEPTIC SYSTEM, WHICH ENCROACHES ONTO THIS PROPERTY, SHALL HAVE AN EASEMENT ESTABLISHED OVER IT AND RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 8. THE ORDINANCE AMENDMENT ALLOWING DEVELOPMENT WITHIN THE URBAN SERVICE AREA PRIOR TO CITY SEWER AND WATER BE APPROVED BY THE CITY COUNCIL. 9. NO ROOF DRAINAGE FROM THE PROPOSED BUILDING SHALL BE DIRECTED ONTO THE AREA OF THE EXISTING DRAIN FIELD. 10. ALL EASEMENT ISSUES BE RESOLVED BEFORE ISSUANCE OF A BUILDING PERMIT. 11. THE LANDSCAPING PLAN SHALL INCLUDE A BUFFER OF OVERSTORY TREES BETWEEN THE PROPOSED BUILDING AND THE RESTAURANT TO THE WEST. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIERD 5-1. COMMISSIONER COTE OPPOSED. staff report by Steve Ach. John Lundberg has requested preliminary plat approval to subdivide approximately 10 acres located in the northeast corner of County Road No.1 and the 2071h Avenue alignment, into 3 single family lots. Steve reviewed issues related to access, drainage and easements, and noted the Park & Rec Commission has recommended a cash payment to meet park dedication requirements. . . . Planning Commission Minutes April 22, 1997 Page 7 Chair Anderson opened the public hearing. Gary Santwire, 650 Dodge Avenue, representing the applicant, indicated they are in agreement with the conditions outlined in the staff report, with the exception of the access for Lot 1. Commissioner Cote indicated it was unlikely Sherburne County would approve the access because of the close proximity of the 207th A venue intersection with County Road No.1. Mr. Santwire explained the existing driveway is approximately 60 feet south of the actual roadway easement (207th) and will be realigned. Mr. Santwire also indicated Mr. Lundberg will pursue obtaining approval from Sherburne County for access to Lot 1 off County Road NO.1. He noted the existing garage and mobile home on the site will be removed. There being no other comments from the public, Chair Anderson closed the public hearing. The Planning Commissioners discussed the proposed access for Lot 1 off County Road NO.1. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY JOHN LUNDBERG FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 97-3, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS FOR CONSTRUCTION OF 2071H AVENUE, AS WELL AS THE PLAT. 2. ALL CONDITIONS OUTLINED IN THE CITY ENGINEER'S MEMO DATED APRIL_, 1997, BE INCLUDED AND PROVIDED TO STAFF PRIOR TO RECORDING THE PLAT WITH THE COUNTY. 3. A DEVELOPMENT PLAN BE SUBMITTED IDENTIFYING THE LOWEST FLOOR ELEVATIONS OF THE PROPOSED HOMES. 4. PARK DEDICATION BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF RECORDING THE FINAL PLAT BASED ON THE THREE LOTS. 5. A SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RECORDING THE PLAT WITH THE COUNTY. 6. ANY ACCESS OFF OF COUNTY ROAD NO.1 TO SERVE LOT 1 MUST BE RECEIVED FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT; OTHERWISE, ACCESS TO COUNTY ROAD NO.1 WILL BE RESTRICTED. 7. PRIOR TO RECORDING THE PLAT WITH THE COUNTY, THE EXISTING GARAGE ON THE LOT LINE BETWEEN LOTS 2 AND 3 BE REMOVED. . . . Planning Commission Minutes April 22, 1997 Page 8 8. THE EXISTING fUEL DISPENSING TANK AND ANY UNDERGROUND TANKS BE REMOVED PRIOR TO RECORDING THE PLAT WITH THE COUNTY. 9. ANY EXISTING WELLS ON LOT 3 BE CAPPED AND CLOSED ACCORDING TO STATE BUILDING CODE. 10. LOTS 1 AND 2 HAVE DRAINAGE EASEMENTS INCLUDED WHICH ENCUMBER THE EXISTING WETLAND ON THE NORTH AND THE MAN-MADE POND ON THIS SOUTH END Of LOT 2. 11. A SEALCOATING fEE BE PAID IN THE AMOUNT DETERMINED BY THE CITY ENGINEER fOR 207TH AVENUE. 12. A TEMPORARY EASEMENT BE GRANTED TO THE CITY fOR CONSTRUCTION Of THE TEMPORARY CUL-DE-SAC. 13. THE INTERSECTION DESIGN Of 207TH AVENUE AND COUNTY ROAD NO.1 INCLUDE THE APPROPRIATE GEOMETRICS AS APPROVED BY THE CITY ENGINEER AND ANY ADDITIONAL RIGHT-Of-WAY THAT IS NECESSARY BE ACQUIRED BY THE APPLICANT. 14. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY TO ALLOW DRAINAGE THROUGHOUT THE PLAT AS WEll AS Off SITE lOCATIONS. 15. STREET LIGHTS BE PROVIDED ALONG 207TH AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 16. THE EXISTING GARAGE BE REMOVED PRIOR TO ISSUANCE Of A BUilDING PERMIT, OR WITHIN ONE YEAR Of RECORDING PLAT, WHICHEVER OCCURS fiRST. 17. THE MOBILE HOME CURRENTLY LOCATED ON THE PROPERTY BE REMOVED PRIOR TO ISSUANCE Of A BUILDING PERMIT. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. COMMISSIONER COTE OPPOSED. The staff report was provided by Scott Harlicker on a request by the city for an ordinance amendment establishing the sale of firearms as a permitted use in the C 1 and C3 commercial zoning districts. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL Of ORDINANCE 97---1 ESTABLISHING THE SALE Of fiREARMS IN THE Cl AND C3 ZONING DISTRICTS, PUBLIC HEARING CASE NO. OA 97-6. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARIED 6-0. . . . Planning Commission Minutes April 22, 1997 Page 9 steve Ach explained the City Council has initiated an ordinance amendment relating to development within the urban service district, prior to availability of water and sewer. The proposed ordinance specifies before a building permit or planning application is granted for commercial, industrial or business park property, city sewer and water must be available for hookup, with the exception of 5 special conditions. Steve discussed language changes in these conditions with members of the Commission. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE NO. 97-_, AMENDING SECTION 900.20 GENERAL REGULATIONS - 16. DEVELOPMENT WITHIN THE URBAN SERVICE AREA PRIOR THE AVAILABILITY OF CITY WATER AND SEWER, PUBLIC HEARING CASE NO. OA 97-8, WITH THE CHANGES AS PRESENTED BY STAFF AND THE CITY ATTORNEY. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Scott Harlicker explaining the city's request for an ordinance amendment regulating telecommunications towers and antennas. Chair Anderson opened the public hearing. There being no public comment, Chair Anderson closed the publiC hearing. The Planning Commissioners discussed the tower height and setbacks. Scott noted he has found ordinances from other communities to be very similar to the city's proposed ordinance. COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER'S REQUEST FOR AN ORDINANCE AMENDMENT REGULATING TELECOMMUNICATIONS TOWERS AND ANTENNAS, PUBLIC HEARING CASE NO. OA 97-7, AS OUTLINED IN THE STAFF REPORT, WITH THE FOLLOWING CORRECTION: 4. THE HEIGHT OF A TOWER MAY BE INCREASED BY 24 FEET TO ACCOMMODATE EACH ADDITIONAL USER ABOVE THOSE REQUIRED BY CO-LOCATION UP TO A MAXIMUM HEIGHT OF 198 FEET. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.1. Update - 4/21 /97 City Council Meetina Chair Anderson updated the Planning Commission on actions taken by the City Council at the April 2151 meeting. regarding planning issues. . . . Planning Commission Minutes April 22, 1997 Page 10 6.2. Discuss Mobile Works hOD The Planning Commission mobile workshop is scheduled for Tuesday, May 13, 1997, at 4:00 p.m. 6.3. Joint Meeting with Park & Recreation Commission Chair Anderson noted a date has not yet been determined for a joint meeting of the Planning Commission and Park & Recreation Commission. He will check with Dana Anderson on the possibility of meeting at 6:30 p.m. before the regular Park & Recreation meeting on May 14th. 6.4. ComDrehensive Plan The Planning Commissioners will meet in the training room before the mobile workshop on May 14th, for brief presentation on Section 1 of the City of Elk River Comprehensive Plan. 6.5. National Planning Conference Planning Commissioners attending the National Planning Conference will provide a report at the next Planning Commission meeting. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 10:40 p.m. ~Ubmitted' Debbie Kleckner Recording Secretary