12-19-1995 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, DECEMBER 19, 1995
Members Present:
Chair Kuester, Commissioners Dillon, Kreger, Minton,
Sullivan and Thompson
Members Absent:
Commissioner Tacheny
Staff Present:
Steven B. Ach, City Planner; Kendra Lindahl, Zoning Assistant;
Stephen Rohlf. Building and Zoning Administrator; 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 Kuester.
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The following items were added to the December 19, 1995, Planning Commission
Agenda:
7.2. Report on 12/18/95 City Council meeting
7.3. Public Hearing Date for Transportation and Park Plans
COMMISSIONER THOMPSON MOVED TO APPROVE THE 12/19/95 PLANNING
COMMISSION AGENDA AS AMENDED. COMMISSIONER SULLIVAN SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
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The following corrections were noted:
Location - Should be Salk Junior High
Page 2 - Item #2 - Add word "Committee" (2nd line)
Page 3 - 3rd paragraph, add word "Committee", line above change As to as.
Page 15 - Bottom of page, remove word "Mr."
COMMISSIONER SULLIVAN MOVED TO APPROVE THE OCTOBER 26, 1995 PLANNING
COMMISSION MINUTES AS AMENDED. COMMISSIONER MINTON SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
The following corrections were noted:
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Planning Commission Minutes
December 19,1995
Page 2
Top of Page 4 - Motion made by Commissioner Sullivan, should say "if it is found to
be necessary"
Page 4 - Minutes should reflect the public hearing was closed after the public
testimony
COMMISSIONER THOMPSON MOVED APPROVAL OF THE 11/28/95 PLANNING
COMMISSION MINUTES. COMMISSIONER KREGER SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
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Commissioner Tacheny will attend the 1/16/96 City Council meeting.
Staff report by Kendra Lindahl. Mr. Rohlf is requesting that the speed limit and
directional sign requirements be removed from his mini-storage conditional use
permits. The mini-storage is located on Lots 2 and 3, Block 1, Ridgewood East 2nd
Addition. The permits were issued in 1990 and 1989 had a number of conditions
that have not been met regarding signage and landscaping. Mr. Rohlf feels he
has met the tree requirements but that the signage requirements are unfair and
requests the conditions be removed from his conditional use permit. Staff feels
Mr. Rohlf has an adequate number of trees planted, but the size and species
requirements were not followed. Since most of the trees on the lot are willows,
staff recommends that if any trees die they should be replaced with a different
species in order to comply with the ordinance requirements. Staff further
recommends amending Mr. Rohlf's conditional use permits be amended to
eliminate the 5 mph speed limit signs and the "enter only" and "exit only" sign
requirements. Kendra noted the two other mini-storage facilities in Elk River do
not have signage requirements.
Kendra provided a video of Pete's Mini-Storage site, noting the size, species and
placement of trees.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF AN AMENDMENT TO A CONDITIONAL USE PERMIT AS REQUESTED BY
LARRY ROHLF, PUBLIC HEARING CASE NO. CU 95-28, FINDINGS OF FACT BEING THE
INFORMATION IN STAFF'S MEMO, THE VIDEO TAPE SUBMITIED BY ZONING ASSISTANT
KENDRA LINDAHL, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC
HEARING, SUBJECT TO THE FOLLOWING CONDITION:
1. FURTHER LANDSCAPING NEEDED SHALL MEET THE CURRENT ORDINANCE
STANDARDS
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Planning Commission Minutes
December 19,1995
Page 3
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Universal Signs, Inc., on behalf of Video Update, is requesting a variance to place
a third wall sign on its store at 19141 Freeport Street. The building currently has a
wall sign on both the north and east sides of the building, and plans to place a
monument sign on the east side of the building.
Staff feels this request does not meet the five standards required to grant a
variance and recommends denial of the request.
A epresentative of Universal Signs, Inc. provided photographs to support his
request for an additional wall sign on the east side of the building (Highway 169).
Chair Kuester opened the public hearing. There being no comments from the
public hearing, Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED TO RECOMMEND DENIAL OF THE VARIANCE
REQUEST BY UNIVERSAL SIGNS, INC.jVIDEO UPDATE, PUBLIC HEARING CASE NO. V
95-13, BASED ON THE FOLLOWING FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP
FOR VIDEO UPDATE, SINCE THEY ARE ALLOWED A TOTAL OF THREE SIGNS (1
FREESTANDING AND 2 WALL SIGNS).
2. THERE ARE NO SPECIAL CONDITIONS SUCH AS TOPOGRAPHY, VISIBILITY OR
CIRCUMSTANCES WHICH ARE PECULIAR TO THIS BUSINESS OR THIS SITE.
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3. LITERAL APPLICATION OF THE ORDINANCE WILL NOT DEPRIVE VIDEO UPDATE OF
PROPERTY RIGHTS ENJOYED BY OTHER BUSINESSES IN THE ELK PARK CENTER
DEVELOPMENT.
4. THERE ARE NO SPECIAL CONDITIONS THAT HAVE NOT ALREADY BEEN ADDRESSED
BY THE PUD SIGN ORDINANCE.
5. GRANTING THIS VARIANCE WOULD NOT BE IN KEEPING WITH THE SPIRIT OR
INTENT OF THE DEVELOPMENT STANDARDS SET FORTH IN THE ELK PARK CENTER
PUD AGREEMENT AND THE CITY ORDINANCE.
AND: THAT VIDEO UPDATE CONSIDER PLACEMENT OF THE MONUMENT SIGN ON THE
EAST OF THEIR PROPERTY AND MOVE THE WALL SIGN CURRENTLY ON THE EAST SIDE
OF THE BUILDING TO THE WEST SIDE OF THE BUILDING. COMMISSIONER SULLIVAN
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Staff report by Steve Ach. This ordinance amendment is proposed to increase the
maximum square footage for accessory structures in the R 1 a (Single Family
Residential) and A 1 (Agricultural Conservation) zoning districts.
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On October 24,1995, the Planning Commission recommended approval of the
ordinance amendment. The City Council discussed the amendment at their
November 6 meeting, and moved to send the item back to the Planning
Commission for further consideration.
Planning Commission Minutes
December 19,1995
Page 4
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Commissioner Kreger questioned why Mr. Kramer's parcels can not be
considered as total acreage when applying this ordinance, since the parcels are
located adjacent to one another. Steve Ach explained the parcels are listed as
separate parcels of record with Sherburne County. The City must consider the
parcels separately when applying various aspects of the zoning ordinance such
as minimum lot size, setbacks, etc.
It was suggested that Mr. Kramer combine the two parcels to allow him to
construct a larger building. Commissioner Kreger stated Mr. Kramer was not in
favor of this concept. He explained Mr. Kramer feels it would be costly should he
decide to split off a parcel for one of his children in the future (Le., park
dedication fees, surface water management fees).
Steve Ach explained the procedure for combining parcels of property can be
done at the Sherburne County Assessor's office at no charge.
Discussion followed regarding how the City applies the zoning ordinance to
adjoining parcels of property that are separate parcels or lots of record.
Chair Kuester opened the public hearing.
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Dennis Kramer, 20089 Meadowvale Road, requested that the Planning
Commission recommend increasing the amount of square footage allowed for
accessory structures. Mr. Kramer stated that he has requested a variance from
the City to allow a total of 5,878 square feet of accessory structures on his 12+
acre parcel. As an option, he asked that the Planning Commission to consider his
total acreage (2 parcels) when applying the ordinance.
There being no other comments from the public, Chair Kuester closed the public
hearing.
Other options were discussed for determining the maximum square footage of
accessory structure allowed. Discussion also followed regarding possible
monitoring of requests that come through the building and zoning department
for one year for increased accessory area.
Commission Dillon felt there will always be requests for variances, regardless of
how much the allowable square footage is increased. He stated there should be
some permanence to the ordinance, and questioned if contiguous parcels
should be used in order to construct a larger building, if the intent is to split or sell
off a parcel in the future.
Steve Ach explained that staff could monitor the requests that come in during the
spring of 1996 to estimate how many residents would exceed the maximum
allowed in this proposed ordinance.
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COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RE-AFFIRM THEIR
RECOMMENDATION FOR APPROVAL OF ORDINANCE NO. 95--, PUBLIC HEARING
CASE NO. OA 95-16, WITH AN ADDITIONAL RECOMMENDATION THAT STAFF
MONITOR REQUESTS FOR BUILDING ACCESSORY STRUCTURES WHICH WOULD
EXCEED THE MAXIMUM ALLOWED IN THIS PROPOSED ORDINANCE. COMMISSIONER
SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Planning Commission Minutes
December 19,1995
Page 5
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Commissioner Kreger excused himself from discussion on the following items due
to a conflict of interest.
Staff report by Steve Rohlf. United Power Association (UPAl was first issued a
conditional use permit and solid waste facility license in 1987, to burn refuse
derived fuel produced at NSP's plant to generate electricity. Staff recommends
approval of both their conditional use permit and solid waste facility license with
the following changes:
License
III., Item 4, titled "Incorooration of Amendments to MPCA Permits or Reaulations".
In the last sentence of this item, staff is proposing to add the words "performance
standards" in between performance testing or reporting requirements so that the
new performance standards proposed are automatically incorporated in the
city's license, if they are more restrictive.
Conditional Use Permit
- #8 Staff added reference to UPA's NPDES storm water permit to this section.
- #24 Staff is proposing a four year review period instead of a two year.
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Jim Eggen, representative of UPA in charge of environmental issues, reviewed
proposed regulatory changes regarding emission standards. Mr. Eggen reviewed
the various types of testing that are done on a continuous basis. Mr. Eggen noted
that stack testing will be done in conjunction with the EP A requirements.
Steve Rohlf explained that changes will be made at UPA to meet the new, stricter
standards of the federal government.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
Commissioner Minton questioned why both the license and conditional use
permit require review by the Planning Commission. Steve Rohlf explained that
Planning Commission review of licenses dealing with environmental issues is city
policy. Solid Waste Permit 305 may be in error and will be checked out prior to
Council review.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE RENEWAL OF
CONDITIONAL USE PERMIT AND SOLID WASTE FACILITY LICENSE FOR UNITED POWER
ASSOCIATION, PUBLIC HEARING CASE NO. 95-29, WITH THE CHANGES AS PROPOSED
BY STAFF. COMMISSION THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
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Staff report by Steve Rohlf. Steve explained that Straightline has been mining the
Elk River Landfill property since 1986. As part of the City's E.I.S. on gravel mining,
all active mining operations agreed to update their permits, if needed. This site is
Planning Commission Minutes
December 19,1995
Page 6
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the last site that needs to do so. The property is currently zoned ME (Mineral
Excavation Overlay District). Steve further explained that the land is owned by Elk
River Landfill, Inc., Barton Sand and Gravel has the mineral rights, and the
excavating is done by Straightline Excavation.
Steve noted a six foot high chain link fence is nearly complete around the
perimeter of the landfill property. Staff is also recommending excavation
activities remain a minimum of five feet above the season high water table,
which is consistent with the landfill permit. If a vein of gravel is found lower than
the 5 foot level and the area is not intended to be landfilled, Straightline could
request an amendment to the conditional use permit to mine the area. Staff
recommends no wash operations be conducted at this site, due to the close
proximity to the landfill. Steve noted there is a clause in the license requiring a
reclamation plan be approved by the City, if the site ceases use as a landfill.
Staff recommends approval of the mineral excavation license and conditional
use permit.
Chair Kuester opened the public hearing.
Chris Kreger, representative of the Elk River Landfill, felt the 200 foot setback
requirement may be a problem in the future. Steve Rohlf stated Straightline has
agreed to meet the setback in order to leave the wooded area which helps
screen the landfill. Steve added that an amendment could be requested in the
future if mining is proposed in the setback area.
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There being no further comments, Chair Kuester closed the public hearing.
COUNCILMEMBER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY STRAIGHTLlNE/BARTON
SAND AND GRAVEL FOR MINERAL EXCAVATION, PUBLIC HEARING CASE NO. CU 95-
30. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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Steve Rohlf explained the City of Elk River first approved a conditional use permit
and solid waste facility license for the Elk River Landfill in 1987, and at that time
the property was rezoned to Solid Waste Facility Overlay District. The permit and
license has been renewed every two years. In 1995, the landfill consolidated with
a company called Sanifill, based out of Texas.
Steve noted that a six foot chain link fence around the entire landfill property is
nearly completed. Steve also reviewed issues associated with the permit as
outlined in the staff report to the Planning Commission. He noted the new permit
specifically requires that cleanup of the original cell at the Elk River Landfill
continue to move along, which includes such actions as gas venting and
monitoring and groundwater monitoring.
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At this time, Steve Rohlf provided a video of the Elk River Landfill site.
Steve that he feels it is important for the City to license landfill operations, and
emphasized that the Elk River Landfill is doing a good job at their site. He noted
staff recommends a 200 foot buffer be kept free of waste for the purposes of
Planning Commission Minutes
December 19,1995
Page 7
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screening, monitoring groundwater and landfill gas, remedial action and
protection of adjacent property values. Staff also recommends a four year
renewal on the Elk River Landfill conditional use permit and license.
Chris Kreger, representative of the Elk River Landfill, Inc., stated the Elk River
Landfill is generally in agreement with staff on the conditional use permit and
license. He requested that some flexibility be allowed regarding the buffer zone
mentioned on Page 5 of the Conditional Use Permit. Mr. Kreger explained that
that placing a six foot high earth berm next to the fence would create problems
in removing litter next to the fence, and possibly causing litter to fly over the
fence. Steve Rohlf explained that staff would be willing to work with the landfill
on the details of the berm.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE SOLID WASTE FACILITY LICENSE AND CONDITIONAL USE PERMIT
RENEWAL FOR THE ELK RIVER LANDFILL, INC., SUBJECT TO THE TERMS AND
CONDITIONS CITED IN STAFF'S REPORT TO THE PLANNING COMMISSION WITH THE
FOLLOWING CHANGE:
PAGE 5 - 3.) BUFFER lONE. DELETE THE WORD "AT", REPLACE WITH THE WORD
"WITHIN" .
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AND, CITING THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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Staff report by Steve Rohlf. NSP is requesting renewal of their solid waste facility
license and conditional use permit for the refuse processing plant located east of
Highway 10 and north of 165th Avenue. Steve explained noise, odor and traffic
issues have been addressed by plant modifications and/or additional stipulations
in NSP's permit.
Mr. Glen Kaas, representative of NSP, reported 2.75 million tons of trash has been
processed at the plant since 1988. About 2.1 million tons of Processed materials
have been turned into fuel at the NSP's facility, and approximately 100,000 tons of
ferrous materials have been removed and sent to a scrap metal broker in
Newport. Mr. Kaas explained several modifications have been made on the site
since opening. He noted NSP is studying the truck traffic situation and they may
come forward with a request for modification of hours of operation. Mr. Kaas
invited members of the Planning Commission to tour the facility.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
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Commissioner Minton questioned if the curb was working to contain fire
suppression water on site. Mr. Kaas explained there have only been two
instances of water going over the curb, and since then, they have drilled holes in
the doors to the bunker areas, allowing water to flow in and contain the water.
Planning Commission Minutes
December 19,1995
Page 8
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Also, he noted mufflers have been installed on the dust collection fans which
seem to have taken care of any noise complaints. Mr. Kaas stated that only one
odor complaint has been received and may be related to the large farming
operation located nearby.
Steve Rohlf stated he is on call 24 hours a day for any problems at the facility. He
noted there were a couple noise complaints when the operation first started up,
but he felt the mufflers on the fans seems to have taken care of this issue.
COMMISSIONER DILLON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF RENEWAL OF THE SOLID WASTE FACILITY LICENSE AND CONDITIONAL
USE PERMIT FOR NORTHERN STATES POWER (NSP), PUBLIC HEARING CASE NO. CU 95~
32, SUBJECT TO THE TERMS AND CONDITIONS OUTLINED IN STAFF'S REPORT, AND
BASED ON THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5~O.
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COMMISSIONER KREGER MOVED APPROVAL OF RESOLUTION 95~2, A RESOLUTION
FINDING THE CITY OF ELK RIVER'S PROPOSED MODIFICATIONS TO TAX INCREMENT
FINANCING PLAN NO.2 AND NO.3 LOCATED WITHIN DEVELOPMENT DISTRICT NO.1
CONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE CITY OF ELK RIVER.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6~O.
The Planning Commission annual meeting date is scheduled for Saturday,
January 13th at 8:30 a.m. at the Elk River City Hall.
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Commissioner Minton provided a report of City Council action on the planning
items. Steve Ach provided information on the urban service map approved by
the Council.
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The public hearing was tentatively scheduled for Tuesday, January 30, 1996 at 7
p.m.
There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN
THE MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION
CARRIED 6~O.
. The meeting of the Elk River Planning Commission adjourned at 9:38 p.m.
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Planning Commission Minutes
December 19, 1995
Page 9
Rnect~"~ su~mitted. , )
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Debbie Kleckner
Planning Secretary