01-26-1993 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT THE ELK RIVER PUBLIC LIBRARY
TUESDAY, JANUARY 26, 1993
Members Present:
Chairman Minton, Commissioners Johnson, Kreger,
and Tveite. Commissioner Kuester arrived at 8:25 pm.
Members Absent:
Commissioners Eberley and Spotts.
Staff Present:
Stephen Rohlf, Building and Zoning Administrator;
Janelle Schmitz, Zoning Assistant; Peter Beck,
City Attorney; Catherine Schmidt, Recording Secretary
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 7 p.m. by Chairman Minton.
2. Consider Planning Commission Agenda
Item 10 "Other Business,"
regarding the May conference.
Elk Park Center.
Commissioner Johnson added
Stephen Rohlf added discussion
discussion
regarding
COMMISSIONER TVEITE MOVED TO
AGENDA AS AMENDED. COMMISSIONER
MOTION CARRIED 4-0.
APPROVE THE 1/26/93 PLANNING COMMISSION
JOHNSON SECONDED THE MOTION. THE
3.
Consider Planning Commission Minutes
Commissioner Johnson stated as per page 4, (Variance issue), the
statement "Chairman Nadeau opened the public" should be corrected to
read "Chairman Nadeau opened the public hearing."
COMMISSIONER JOHNSON MOVED TO APPROVE THE 12/22/92 PLANNING COMMISSION
MINUTES AS AMENDED. COMMISSIONER TVEITE SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
4. Planning Commission Representative to Attend Next City Council Meeting
Janelle Schmitz stated the Planning Commission should be represented at
the 2/1/93 City Council meeting as several Building and Zoning issues
would be presented at this meeting. It was indicated Commissioner
Johnson would attend the City Council meetings on 2/1/93 and 2/22/93 to
be held at the Elk River Public Library.
5. Consider a Request For Renewal of a Conditional Use Permit by Chris
and Vicki Kreger, Elk River Landfill/Public Hearing
Commissioner Kreger stated he would abstain from discussion and voting
on this item due to a conflict of interest and removed himself from the
table.
Stephen Rohlf, Building and Zoning Administrator, explained the
applicant, Vicki Kreger, Elk River Landfill, 22460 Highway 169, is
requesting the renewal of a conditional use permit.
Elk River Planning Commission Minutes
January 26, 1993
Page 2
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Mr. Rohlf briefed the commission regarding the disagreement on fees
paid to the City by the landfill. These differences have been resolved
however, the resolution requires amendments to the conditional use
permit and the landfill's license. An amendment to Section 604.14 of
the City Solid Waste Ordinance, "Expiration, Renewal, and Revocation"
would allow a two year permit from the date it is issued. Language on
the technical issues in the conditional use permit will remain the same
as last year's renewal. Mr. Rohlf recommended one further change,
incorporating the Emergency Reporting System into the permit. Peter
Beck, City Attorney, stated it is in the NSP and UPA permits and would
be advisable to incorporate it into the landfill's permit. Mr. Rohlf
indicated the need to be efficient with the use of consultant time
involving the City and the County.
Chairman Minton opened the public hearing. There being no comments
from the public, Chairman Minton closed the public hearing.
Commissioner Johnson requested clarification of fees paid by the
landfill. Peter Beck responded and clarified the issue of fees.
COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF
CONDITIONAL USE PERMIT BY CHRIS AND VICKI KREGER,
CASE NUMBER CU 93-002, CITING STAFF'S MEMO DATED
SUBJECT TO THE FOLLOWING STIPULATION:
THE RENEWAL OF A
ELK RIVER LANDFILL,
JANUARY 6, 1993,
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1.
STAFF INCORPORATE THE EMERGENCY REPORTING SYSTEM INTO THE LANGUAGE
OF THE CONDITIONAL USE PERMIT.
COMMISSIONER JOHNSON SECONDED THE MOTION.
COMMISSIONER KREGER ABSTAINED.
THE MOTION CARRIED 3-0,
6. Consider a Conditional Use Permit Request for a Wetland Excavation by
Steven Shoemaker/Public Hearing
Janelle Schmitz, Zoning Assistant, briefed the commission regarding
this item originally reviewed by the Planning Commission on December
22, 1992. The applicants, Steven and Susan Shoemaker, 11106-190th
Avenue NW, are requesting a conditional use permit to excavate a
wetland area and create an open water pond in Royal Oaks Ridge.
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Ms. Schmitz summarized the changes since the December 22 meeting.
Truck traffic: trucks will be routed through private property owned by
Larry Morrell and George Deschenes onto County Road 13. Harvey
Richner, Sherburne County Highway Department, stated although no access
permit would be required, the County would like to see the area
"signed" to inform motorists of traffic at this location. Site Plan: a
revised site plan showing the estimated amount of excavated fill to be
19,000, the north 1/2 of the pond maintaining 5:1 slopes and an average
depth of 4-5 feet, a manicured pond (natural vegetation would not be
planted), and a 10:1 slope on the back portion of the pond. Drainage:
The proposed excavation should not have an affect on the drainage in
the area. The proposed hours of operation are 7 a.m. to 7 p.m. In a
letter dated January 20, 1993, Terry Maurer, City Engineer, indicated a
detailed grading plan should be required. Staff is recommending
Elk River Planning Commission Minutes
January 26, 1993
Page 3
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approval of the general concept of this request subject to the
stipulations detailed in staff's memo dated January 20, 1993.
Commissioner Johnson requested the City Attorney address the safety
issue and discuss City liability regarding wetlands and ponds in
residential areas. Peter Beck replied there are safety implications,
however, liability alone should not dictate a decision regarding
wetlands.
Susan Shoemaker, questioned the request for a detailed grading plan.
Stephen Rohlf answered this would be necessary to verify requirements,
spillway elevation, water table, etc.
Chairman Minton opened the public hearing.
Michael Wiest, 11072-190th Avenue, expressed confusion over whether
this wetland is protected and if so, by what agency. Ms. Schmitz
recounted the various agencies (Army Corps of Engineers, DNR, etc.) and
the wetlands protected under their jurisdiction.
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Robert Underwood, 11134-190th Avenue, questioned the time length of the
proposed excavation and would the project be year 'round. Ms. Schmitz
replied City ordinance states excavation projects such as this shall
not exceed 2 years. The time frame on this request is dependent on the
individual contractor selected by the Shoemaker's. It is possible for
the excavation to be a year 'round project. Mr. Underwood expressed
concern regarding a property tax increase due to increased property
values of such a project. Peter Beck replied that this particular
issue would have to be answered by the County Assessor.
Thomas Cruz, 11145-190th Avenue, iterated the traffic and tax concerns.
Commissioner Minton asked Mrs. Shoemaker if they had a contingency plan
for the excavation if the owners of lots 8 and 9 disagree with the
excavation. Mrs. Shoemaker stated the excavation would continue,
however, lots 8 and 9 would not be included in the pond. Commissioner
Minton questioned the hours of operation starting at 7 a.m. may be a
bit early and asked Mrs. Shoemaker if 8 a.m. would be acceptable. Mrs.
Shoemaker replied it would be acceptable. In conclusion, Commissioner
Minton indicated signatures from both property owners (Morrell and
Deschenes, regarding truck traffic) have not been obtained. Mrs.
Shoemaker stated one signature was not obtained, however, no problems
were anticipated. Peter Beck replied the City must have written
permission in the form of a legal and binding document approved by
staff.
There being no further comments from the public, Commissioner Minton
closed the public hearing.
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COMMISSIONER TVEITE MOVED TO RECOMMENDED APPROVAL OF THE CONDITIONAL
USE PERMIT BY STEVEN SHOEMAKER, CASE NUMBER 92-025, CITING STAFF'S MEMO
DATED JANUARY 20, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS:
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Elk River Planning Commission Minutes
January 26, 1993
Page 4
1.
TRUCKS ENTER AND EXIT THE SITE VIA THE MORRELL AND DESCHENES
PROPERTY TO THE SOUTH, ONTO COUNTY ROAD 13. WRITTEN PERMISSION IN
A FORMAT APPROVED BY CITY STAFF FROM MORRELL AND DESCHENES TO USE
THEIR PROPERTY BE PROVIDED TO THE CITY TO ENSURE THAT TRUCKS WILL
NOT BE ROUTED THROUGH RESIDENTIAL STREETS. FURTHER, THE APPLICANT
COMPLY WITH THE COUNTY REQUEST TO HAVE THE AREA "SIGNED" TO INFORM
TRAFFIC OF TRUCKS ENTERING AND EXITING AND COMPLY WITH THE WEIGHT
RESTRICTIONS.
2. FOR SAFETY AS WELL AS WILDLIFE PURPOSES, SLOPES SHALL NOT EXCEED
5:1 AND THE DEPTH SHALL NOT EXCEED 3-4 FEET OF WATER. THE DNR
GUIDELINES OF 10:1 SLOPES, 2-3 FOOT AVERAGE DEPTH OF WATER,
NATURAL VEGETATION ALONG THE PERIMETER OF THE POND, AND IRREGULAR
SHORELINE SHALL BE MAINTAINED IN THE SOUTH 1/2 OF THE POND.
3. NO FILL SHALL BE PLACED BACK INTO THE WETLAND BOUNDARY.
4. SLOPES ARE STABILIZED AND PLANTED WITH GROUND COVER SUFFICIENT TO
CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY
UNTIL IT IS SELF SUSTAINING.
5. THE EXCAVATION SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERN FOR
THE AREA.
6.
THE APPLICANT PROVIDE THE CITY WITH A DETAILED GRADING PLAN AS
OUTLINED IN TERRY MAURER'S LETTER DATED JANUARY 20, 1993.
7. THE APPLICANT REIMBURSE THE CITY FOR THE COST OF REVIEWING AND
INSPECTING THE EXCAVATION PROJECT.
8.
THE APPLICANT OBTAIN THE SIGNATURES
LOTS 8 AND 9, BLOCK 4, ROYAL OAKS RIDGE
EXCLUDED FROM THE REQUEST.
OF THE PROPERTY OWNERS FOR
OR THESE LOTS SHALL BE
9. THE HOURS OF OPERATION BE RESTRICTED FROM 8 A.M. TO 7 P.M., MONDAY
THROUGH SATURDAY.
10. EXCAVATION ACTIVITY SHALL BE COMPLETED WITHIN 2 YEARS OF THE DATE
OF THE APPROVAL.
11. STOCKPILING OF EXCAVATED DIRT SHALL BE APPROVED BY CITY STAFF.
COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
7. Consider a Sign Request by Mike and Kathy Fitschen of Princeton/Public
Hearing
Janelle SChmitz, Zoning Assistant, stated the applicants, Mike
Kathy Fitschen (Spectrum Photographic Services), Rt. 2 Box
Princeton, MN, requested approval for signage as new tenants of the
Wheel Rossi building.
and
258,
Big
Ms. Schmitz continued: this is a permitted
signage is subject to review and approval by the
use in a PUD however,
Planning Commission
Elk River Planning Commission Minutes
January 26, 1993
Page 5
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and City Council. The applicants requested 2 wall signs; front: 1
sign, 36 square feet, illuminated, back: 1 sign, 16 square feet, not
illuminated. This request is consistent with allowed signage in a C3
zoning district. Staff recommended approval subject to the applicant
receiving a building permit before erecting the signs.
Chairman Minton opened the public hearing. There being no comments
from the public, Chairman Minton closed the public hearing.
Pertaining to Planning Commission review of signage within a PUD,
Commissioner Johnson requested staff update the commission on the
progress of staff reviewing this type of request versus the need for
Planning Commission action. Ms. Schmitz reported progress on new PUD's
however, some older PUD's will still require Planning Commission action.
COMMISSIONER JOHNSON MOVED TO RECOMMEND APPROVAL OF THE SIGN REQUEST BY
MIKE AND KATHY FITSCHEN, SPECTRUM PHOTOGRAPHIC SERVICES, CITING STAFF'S
MEMO DATED JANUARY 8, 1993, SUBJECT TO THE FOLLOWING STIPULATION:
1. THE APPLICANT RECEIVE A BUILDING PERMIT PRIOR TO ERECTING THE
SIGNS.
COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
8.
Consider a Conditional Use Permit Request by Sandy Chenvert (Fannee's
In Shape) of st. Michael/Public Hearing
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Janelle Schmitz, Zoning Assistant, explained the applicant, Sandy
Chenvert, 112 Birch, st. Michael, MN, is requesting a conditional use
permit to operate a womens aerobic studio in the Cody Square building.
The applicant is leasing approximately 1,200 square feet, located on
the bottom floor of the building. Ms. Chenvert has indicated the hours
of operation will be 8 a.m. to 10:30 a.m. and 4 p.m. to 9:30 p.m. The
applicant is requesting a wall sign approximately 40 square feet. This
request is consistent with allowed signage in a C3 zoning district.
The existing uses in Cody Square have low parking requirements and
there appears to be adequate parking for this use.
As per staff memo dated January 14, 1993, Ms. Schmitz briefed the
commission regarding landscaping. The current landscaping ordinance
will require 1 tree per 40 square feet of perimeter. Staff feels it
would be unfair to the applicant to impose the current landscaping
requirements. Further, the dumpster is not screened from view as
required on the original conditional use permit for a previous tenant.
Staff feels screening the dumpster from view should be made a
stipulation to this request.
Chairman Minton opened the public hearing.
from the public, Chairman Minton
Commissioner Kuester arrived at this time.
There being no
closed the public
comments
hearing.
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Commissioner Kreger asked the applicant if she planned on extending the
hours of operation in the future. Ms. Chenvert replied she would like
that option.
Elk River Planning Commission Minutes
January 26, 1993
Page 6
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Commissioner Kreger voiced his op~n~on on the landscaping and dumpster
issues. He felt the applicant should not be held responsible for
current landscaping requirements or screening the dumpster from view.
Further, he requested staff check with the owner of the building to
accomplish the landscaping and with previous tenants regarding the
screening of the dumpster.
Commissioner Johnson recommended removing the word "womens" aerobic
studio allowing the use to apply to women or men.
Commissioner Johnson questioned why staff was not recommending a sound
proofed wall. Janelle Schmitz stated the placement of the aerobic
studio did not demand sound proofing. Commissioner Kreger suggested
using the term "sound deadening" versus "sound proofing." As a result
of recent requests for this type of use, Commissioner Johnson indicated
the need to be consistent with all applicants regarding sound
deadening. Discussion ensued.
Chairman Minton recommended adding a stipulation to sound deaden the
necessary walles) for this request and all future requests of this
nature.
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COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE
PERMIT TO OPERATE AN AEROBIC STUDIO IN THE CODY SQUARE BUILDING, BY
SANDY CHENVERT, CASE NO. 93-001, CITING STAFF'S MEMO DATED JANUARY 14,
1993, SUBJECT TO THE FOLLOWING STIPULATIONS:
1. THE APPLICANT OBTAIN A BUILDING PERMIT.
2. SOUND DEADENING MATERIALS BE USED ON THE REAR WALL AND ON THE
CEILING.
3. SIGNAGE BE CONSISTENT WITH THE C3 STANDARDS.
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
9. Consider a Request for an Ordinance Amendment, Section 900.12
(Permitted Accessory and Conditional Uses by District)/Public Hearing
Janelle Schmitz, Zoning Assistant,
ordinance amendment to Section 900.12
produce markets to locate in the C1
as a conditional use.
explained staff is proposing an
(10)(c)(xiv), which would allow
Central Commercial Zoning district
Ms. Schmitz explained recent staff research of neighboring communities
revealed a variety of ways from which to regulate farmers markets.
Staff feels this use would be appropriate in the C1 zoning district and
should require a conditional use permit. The conditional use permit
process would allow issues such as parking, traffic, signage, etc. to
be adequately addressed on a case by case basis.
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Chairman Minton opened the public hearing.
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Elk River Planning Commission Minutes
January 26, 1993
Page 7
Bill Kennedy, 10205-201st Avenue, expressed his approval of the
ordinance amendment.
Jim Mulroy, 305 Jackson, stated the Downtown Council was in favor of
allowing produce markets in the Cl zoning district and expressed his
approval of the ordinance amendment.
Roxanne Shimek, 22656 Meadowvale Road, secretary for the Farmers
Market, stated an "event day" is being considered along with the
opening of the Farmers Market. Further, she has heard many favorable
comments regarding a Farmers Market in the downtown area. Ms. Shimek
expressed her approval of the ordinance amendment.
There being no further comments from the public, Chairman Minton closed
the public hearing.
COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE
AMENDMENT BY THE CITY OF ELK RIVER, SECTION 900.12 "PERMITTED ACCESSORY
AND CONDITIONAL USES BY DISTRICT," CITING STAFF'S MEMO DATED JANUARY
12, 1993. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED
5-0.
For the Record, Chairman Minton stated he would like to commend Janelle
Schmitz, Zoning Assistant, for her detailed research regarding this
issue.
10. Other Business
Commissioner Johnson briefed the Planning Commission regarding the
upcoming May conference. She will be organizing the conference and
requested suggestions regarding a topic from the Planning Commissioners
present.
Stephen Rohlf, Building and Zoning Administrator, updated the
Commission on the Elk Park Center. Mr. Rohlf indicated they may be
close to coming before the Planning Commission. He suggested the
Commission consider a public meeting with Elk Park Center as the only
item on the agenda due to the size of the issue.
11. Adjournment
There being no further business, COMMISSIONER TVEITE MOVED
THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION.
CARRIED 5-0.
TO ADJOURN
THE MOTION
The meeting of the Elk River Planning Commission adjourned at approximately
9:20 p.m.
Respectfully submitted,
cQtrj~~~?!1~:hrnl{/J;
Recording Secretary