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10-22-1996 PC MIN . Members Present: Members Absent: Staff Present: &WJmIDJWE~ MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 22, 1996 Chair Thompson, Commissioners Minton, Sullivan, Tacheny, Kuester, Mesich and Anderson None Steve Rohlf, Building & Zoning Administrator; Scott Harlicker, Assistant Planner; Kendra Lindahl, Zoning Assistant; 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 Thompson. . COMMISSIONER MINTON MOVED TO APPROVE THE OCTOBER 22, 1996 PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER KUESTER MOVED APPROVAL OF THE OCTOBER 22, 1996, PLANNING COMMISSION CONSENT AGENDA AS FOLLOWS: 3.1. JOHN HITCHCOCK REQUEST FOR PRELIMINARY PLAT (ISLAND VIEW 4TH ADDITION), CASE NO. P 96-10 - POSTPONED TO 11/26/96 PLANNING COMMISSION MEETING 3.2. 3.3. 3.4. 3.5. . 3.6. HOLIDAY COMPANIES REQUEST FOR CONDITIONAL USE PERMIT, CASE NO. CU 96-25 - POSTPONED TO 11/26/96 PLANNING COMMISSION MEETING CITY OF ELK RIVER REQUEST FOR LAND USE PLAN AMENDMENT, CASE NO. LU 96-5 - WITHDRAWN CITY OF ELK RIVER REQUEST FOR REZONING, CASE NO. ZC 96-19 - WITHDRAWN CITY OF ELK RIVER REQUEST FOR ORDINANCE AMENDMENT, CASE NO. OA 96-15 - WITHDRAWN CITY OF ELK RIVER REQUEST FOR PRELIMINARY PLAT, CASE NO. P 96-12 - POSTPONED TO 11/26/96 PLANNING COMMISSION MEETING . . . Planning Commission Minutes October 22, 1996 Page 2 COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER SULLIVAN MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 24, 1996, PLANNING COMMISSION MEETING, WITH THE FOLLOWING CORRECTIONS: - PAGE 1, ITEM 4, MINUTES - VOTE SHOULD BE 4-0-1, COMMISSIONER MESICH ABSTAINED, AS HE WAS NOT PRESENT AT THE 8/27/96 MEETING - PAGE 2, CORRECTION IN NAME - SAVITSKY - PAGE 2, CHANGE "HI" TO "HE" - PAGE 11, ITEM 7.1. - ADD MOTION REGARDING CHANGING MEETING TIME TO 6:30 P.M. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. ...,',.,............',',',..,............. . -----.---......-................................................-.....-.....,",.......--.----_................-----....."".......--------......,',........ . S.....PldririinO.COmrrlission..RePresehtofive..f0..Atten8....t..l.fl.8/96..CttV.couhcil..Meetirio. Commissioner Mesich will attend the November 18, 1996, City Council Meeting. ......,..',','............','..,"......."....- -- -- ..------.--....-.........................""'.............-.--------.""".......--.-.---....."'...................."'......-----......"....'.'.'.... .. q.l.Shi~I~@C)f1'l9tlr1~~e~W~stf()r(}()ri~ittBl1qlp~@Ferrr\ittgl\llpvvC)9nSret~~~a~\r MixPldhbPlJbIiCHeor'thdCoseNo/CU96..2.4> . ..... . Staff report by Steve Rohlf. The Shiely Company is requesting a conditional use permit to construct a temporary ready-mix plant to be located in the southeast corner of the Julius and Marian Nemeth property (intersection of County Road 77 and Highway 169). Elk River Bituminous currently mines a portion of the site under an existing conditional use permit. The Shiely Company has a conditional use permit that allows them to mine the portion of the Nemeth property not covered under Elk River Bituminous' permit. Steve Rohlf reviewed issues associated with the conditional use permit regarding traffic, noise, hours of operation, and dust. Steve noted the shop facility will be located on County Road 33. Steve indicated the Shiely Company and Marshall Concrete Products met with the neighbors before this meeting to address their concerns. Staff recommends approval of the request under the conditions outlined in the permit. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. Commissioner Anderson questioned what route the trucks would use to go east. Steve Rohlf stated the trucks will not be allowed to use County Road No. 33 west or Proctor Road, unless they have a job on those routes. Steve explained the city cannot restrict the trucks from using County Road 33 east. Discussion followed regarding the impact of additional truck traffic at the County Road 33 and Highway 169 intersection. Jay Miller of Marshall Concrete Products explained there will be approximately 12-14 trucks averaging 4 loads a day per truck for a maximum of 56 loads (112 total trips). Steve felt this site is the Planning Commission Minutes October 22, 1996 Page 3 . best location Elk River has to offer for a ready mix plant since there is immediate access to Highway 169 and should not cause traffic problems. Commissioner Kuester questioned how reclamation of the mining area would be accomplished with the ready mix plant on the site, and if screening would be re- addressed at that time. Steve Rohlf explained the ready mix plant would have to be moved aside for grading. Trees will be planted but there are no plans to screen the plant from the remainder of the parcel. Commissioner Mesich expressed concern there may be concrete trucks stacking on the left turn lane to turn onto County Road 33 east. Steve Rohlf explained it is not physically possible to load more than one truck at a time and did not see a potential for more than one truck at a time entering onto Highway 169. Commissioner Mesich suggested placing a cap on the number of truck trips allowed per day. Commissioners Sullivan and Minton stated they did not feel it was within the Planning Commission's scope to place that type of restriction. Steve Rohlf stated the city engineer has reviewed this application and did not see a traffic concern. . Commissioner Kuester questioned whether or not excessive noise would be associated with this operation. Steve Rohlf indicated the conditional use permit addresses decibel limits and that he did not expect the noise level to be a problem. Jay Miller explained the loudest noise associated with the operation would be a diesel truck charging the mixer which run at 75-80 decibels. Steve noted state standards are 65 decibels at the property line during the day and 55 at night. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE SHIELY COMPANY FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A READY MIX PLANT, PUBLIC HEARING CASE NO. CU 96-24, WITH THE CONDITIONS STATED IN THE AGREEMENT FOR ISSUANCE OF A CONDITIONAL USE PERMIT. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-1. COMMISSIONER ANDERSON OPPOSED. 6;2.GitVC)fElb~iv~r~~due$lf()rR~z()nina.t(J()Uhf\fRbddt3g.t86fh~lid~rnent)fr()rn RlcJobl,PublidHearinQGaseNo.ZC96"'18. ..... .. . Staff report by Scott Harlicker. The City of Elk River has initiated rezoning of property owned by George Deschenes and Industrial Hardfacing located at County Road 13 and 186th Avenue alignment. Rezoning from R1c (Single Family Residential) to 1-1 (Light Industrial) is being considered in order that this area will be consistent with the land use adopted as part of the comprehensive plan update in 1995. Staff recommends approval of the rezoning based on the findings outlined in the report to the Planning Commission. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. . Discussion followed regarding prior consideration of rezoning this area (Area #8) and the reasons for the City Council's decision to deny that request. Further discussion followed regarding the possible realignment of County Roads 12 and 13, availability of city sewer and water, and the need for industrially-zoned Planning Commission Minutes October 22, 1996 Page 4 . property in the city. Scott noted there has been no comment from Industrial Hardfacing or George Deschenes regarding the rezoning. Scott reviewed the permitted and conditional uses in the light industrial zoning district. COMMISSIONER TACHENY MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CITY OF ELK RIVER'S REQUEST FOR REZONING OF THE INDUSTRIAL HARDFACING PROPERTY AND GEORGE DESCHENES PROPERTY LOCATED AT COUNTY ROAD 13 AND 186TH AVENUE ALIGNMENT, PUBLIC HEARING CASE NO. ZC 96-18, BASED ON THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING AND ON THE FOLLOWING FINDINGS: 1. THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF LI (LIGHT INDUSTRIAL). 2. THE AREA HAS ACCESS TO A MAJOR ARTERIAL, HIGHWAY 169, BY WAY OF COUNTY ROAD 13. 3. THE AREA IS WITHIN THE URBAN SERVICE AREA WITH AVAILABILITY OF URBAN SERVICES AND UTILITIES UPON FUTURE DEVELOPMENT. 4. THE PROPOSED REZONING IS CONSISTENT WITH THE CONCEPT OF PROVIDING INDUSTRIAL LAND WITHIN THE URBAN SERVICE AREA. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. . 6.3. .GitvbfElkRj~erR~Cluestf8r()r81nCfnceArnehdrne8tf8dIl8VlMc>fbr'v'eRldl~ ........Service..StafiOns..in...GAZbhina..Oistticts,...Public...Hearinq..Gase..No.....QA96~1.A.. .... Staff report by Scott Harlicker. The City of Elk River is requesting an ordinance amendment to allow the sale of gasoline as a conditional use in the C4 (Neighborhood Commercial) zoning district, and to eliminate motor vehicle specialty service stations as a conditional use in C4. Scott explained that when the C4 zoning district was created, it was the city's intent to allow convenience stores that sell gasoline as a conditional use. At that time, the only use that included gasoline sales was motor vehicle service stations. In staff's review of the definition of motor vehicle service station, concern was raised that the definition was outdated for today's convenience stores and the separation between gas sales and auto repair. Adoption of the ordinance amendment would allow convenience stores without gasoline sales as a permitted use in the C4 district. If business also wished to sell gasoline a conditional use permit would be required. Currently, there are only 2 areas in the city that are currently zoned C4; one is on the north side of Highway 10 at the Highway 10 and Joplin intersection, and the other is located at 193rd Avenue and Highway 169. Discussion followed regarding motor vehicle specialty service stations and why they may not be appropriate in the Neighborhood Commercial zoning districts. Chair Thompson opened the public hearing. . Becky Burley, 13705 183rd Avenue NW, expressed her opposition to the proposed amendment and asked that the Planning Commission look at other options, instead of saturating their neighborhood with gas stations. Planning Commission Minutes October 22, 1996 Page 5 . Arlon Fuchs, 266 Elk Hills Drive, stated he did not object strongly to adding gas stations in the C4 zoning district, but that he supported the elimination of motor vehicle specialty service stations. Commissioner Minton explained the Planning Commission cannot regulate the market regarding the number of same-type businesses in a particular area. Jim Swanson, 13701 Highway 10, felt there are many other types of services needed in the neighborhood, not another gas station. Tom Gunnar, 13701 186th Avenue NW, stated it was his opinion the two gas stations in the area are not that busy and does not see the need for another gas station. He also expressed concern for increased traffic. Michael Clems, 18540 Troy Street, expressed his opposition to a gas station at the Highway 10 and Joplin intersection. He stated he would like the area to remain residential. Tom Hartman, 18675 Macon Street, property owner at Joplin and Highway 10, stated he was involved when the zone change to C4 was made. Hartman stated he also felt it was the Council's intent to include gas stations as a conditional use in the Neighborhood Commercial zoning district and supported the proposed ordinance amendment. . Tom Gunnar felt additional traffic would be using the frontage road. Tom Hartman stated vehicles would generally enter and exit the site at the Joplin and Highway 10 intersection. Commissioner Mesich asked that the word "retail" be added to the phrase "sale of gasoline". Commissioner Kuester explained that the proposed ordinance amendment will apply to both areas within the city which are currently zoned C4, as well as property zoned C4 in the future. Scott Harlicker indicated the City has received a letter from the property owner at Highway 10 and Joplin that it was their understanding that this use was mistakenly left out when the new C4 zoning was created and requested that it be included. Scott added that there is no pending application for gasoline sales at this time. There being no further comments from the public, Chair Thompson closed the public hearing. COMMISSIONER ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE AMENDMENT CASE NO. OA 96-14, WITH THE FOLLOWING CORRECTIONS: . - ADD THE WORD "RETAIL" BEFORE "GASOLINE SALES" . ADD LANGUAGE TO DELETE MOTOR VEHICLE SPECIALTY SERVICE CENTERS . . . Planning Commission Minutes October 22, 1996 Page 6 BASED ON THE INFORMATION IN STAFF REPORT. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Scott Harlicker. Earl and Lorraine Hohlen have submitted a closure statement to the City of Elk River for the closing of the Elk Terrace Mobile Home Court located at Highway 169 and Main Street. The process of closing a mobile home park involves the local planning agency (planning commission) submitting the closure statement to the governing body (city council) and requesting the governing body to schedule a public hearing to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner. Commissioner Kuester suggested that the park residents in attendance should contact their councilmember, Roger Holmgren, with their concerns. COMMISSIONER SULLIVAN MOVED TO ACCEPT THE ELK TERRACE MOBILE HOME PARK CLOSURE STATEMENT AND REQUEST THAT THE CITY COUNCIL HOLD A PUBLIC HEARING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. ....... ."".-.... -....." - -------_.......'.'.'..,.................".....................................-.----.----_.......,"',......-.------.......""...................""......,..-,..-,',',',',... ........_... 6~4... ......(jit&...9f...Elk...Riv~r..~@~uest..f()r..([)r~ir9n8e...A.rY1.~ri~rY1eht...~@~9r9jng...@efinitI()p~..f9r. Commercicll.adCl.Privdfe.Kenne.lsLPubUc.Hedfir"la..CaseNb,OA9,SHS. ... .. Staff noted that the definitions for commercial and private kennels have been changed to address the concerns raised by the Planning Commission at their September 24, 1996, meeting. COMMISSIONER ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF ORDINANCE NO. 96-_, AN ORDINANCE RELATING TO DEFINITIONS AND ALLOWED USE FOR COMMERCIAL AND PRIVATE KENNELS, PUBLIC HEARING CASE NO. OA 96-13. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The Planning Commission acknowledged receipt of a letter from the Tom Cruz family, expressing concern that a pedestrian cross-over walkway is needed on Highway 1 69 and suggested it be placed somewhere between the Perkins Restaurant and the State of Minnesota Highway service garage. The Cruz's also expressed concern that all the trees were removed from the Menards site. Chair Thompson requested that the Cruz letter be forwarded to the City Council. Steve Shoemaker, resident, addressed the Planning Commission regarding his concern for the safety of children crossing Highway 169, noting the tragedy last week of a 14-year old boy who was killed crossing the highway. Mr. Shoemaker stressed that in addition to the cross-over, a fence is needed to force children to . . . Planning Commission Minutes October 22, 1996 Page 7 use the cross-over, or they will continue to take the shortest route across the highway. ..........',',...............-.-.-.,.................,',.,',..................................................,.........------------.."""'.......---------..".............--_............',',','.'..... ..... b2,..............PIOhhindG6mmissi81"l..MeefilRd..dl"ld..W8rKsH8PStdrtinb..Orime..Chdnde.................... COMMISSIONER SULLIVAN MOVED TO BEGIN THE 6:30 MEETING TIME CHANGE FOR PLANNING COMMISSION MEETINGS AND WORKSHOPS IN NOVEMBER, 1996. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. It was noted there will be no workshop meeting in December and the regular Planning Commission meeting will be held on December 17th. Commissioner Mesich suggested the possibility of having an "open mike" listed on the agenda, for citizens to address issues of concern. It was the consensus of the Planning Commissioners that citizens are generally allowed to speak at Planning Commission meetings if they have an issue. 8. Adiournment There being no further business, COMMISSIONER TACHENY MOVED TO ADJOURN THE PLANNING COMMISSION MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The October 22, 1996, Planning Commission adjourned at 8:45 p.m. Respectfully submitted, [)efJxj1~ Debbie Kleckner Recording Secretary