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12-28-1993 PC MIN . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, DECEMBER 28, 1993 Members Present: Chairman Minton, Commissioners Eberley, Kuester, and Tacheny. Members Absent: Commissioners Kreger and Tveite. Staff Present: Steven B. Ach, City Planner, Steve Rohlf, Building & Zoning Administrator, Terry Maurer, City Engineer, Gary Schmitz, Catherine Schmidt, Recording Secretary. 1. Call Meetina 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 Plannina Commission Aaenda Commissioner Eberley added general update items, Chairman Minton added discussion regarding the Annual Meeting. . COMMISSIONER EBERLEY MOVED TO APPROVE THE 12/28/93 PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Plannina Commission Minutes COMMISSIONER TACHENY MOVED TO APPROVE THE 11/23/93 PLANNING COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Planning Commission Representative to Attend City Council Meetina It was indicated Commissioner Kuester would attend the 1/18/94 City Council meeting to be held at Elk River City Hall. 5. Consider A Conditional Use Permit Renewal bv NSP, Public Hearina, Case No. CU 87-01 Staff report presented by Steve Rohlf. NSP requested a renewal of the conditional use permit to process municipal solid waste into refuse derived fuel (RDF). The City Council will also consider a solid waste facility license for this plant. Mr. Rohlf presented a memo from Terry Maurer dated December 27, 1993. . Glen Kaas, NSP, gave a brief overview of NSP's facility and presented a handout to the Planning Commission. Commissioner Eberley commented that a tour of the facility in the past was very educational and perhaps another tour would update the current Commission on the facility. Mr. Kaas stated he would be happy to arrange a tour for the Planning Commission and City Council. ~'f!1!CJfUJWf' Planning Commission Minutes December 28, 1993 Page 2 . Bob Evans, NRG, explained the operations of the RDF processing facility and why NRG is requesting the change in name from NSP to NRG and presented a handout to the Commission. Chairman Minton opened the public hearing. Discussion between the Commissioners took place. There being no comments from the public, Chairman Minton closed the public hearing. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE RENEWAL OF THE SOLID WASTE FACILITY CONDITIONAL USE PERMIT BY NORTHERN STATES POWER (NSP), CASE NO. CU 87-01, TO PROCESS MUNICIPAL SOLID WASTE INTO REFUSE DERIVED FUEL LOCATED AT 1 0700-165TH AVENUE NW, ELK RIVER, MN, CITING STAFF'S MEMO AND TERRY MAURER'S MEMO. A PUBLIC HEARING WAS HELD AND THERE WAS NO OPPOSITION. THE USE MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN. THE FOLLOWING CONDITIONS WILL BE ADHERED TO: 1. THE CITY ENGINEER CONTINUES TO MONITOR TRAFFIC ISSUES ASSOCIATED WITH NSP'S PLANT AND CHANGES TO ROADS AND/OR PLANT OPERATIONS ARE ORDERED IN HE FUTURE, IF WARRANTED. 2. THE POTABLE WATER ISSUE (LEAD) IS RESOLVED TO STAFF'S SATISFACTION. This condition does not take an amendment to NSP's permits. . 3. NSP'S DUST COLLECTION SYSTEM MEET STATE PERFORMANCE STANDARDS. This conditional does not take an amendment to NSP's permits. 4. NRG BE NAMED AS THE PERMITEE ON THE CITY'S LICENSE AND CONDITIONAL USE PERMIT, BUT NSP CO-SIGNS THE PERMITS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Consider a Conditional Use Permit Renewal by UPA, Public Hearinq, Case No. CU 87-02 Staff report presented by Steve Rohlf. United Power Association (UPA) requested renewal of their conditional use permit to operate a solid waste facility. The City Council will also act on a license for this facility. Jim Eggan and Steve Shurts, both of UPA, briefly explained the testing standards as directed by State and Federal levels and why emission of mercury was chosen as a testing standard. Chairman Minton opened the public hearing. There being not comments from the public, Chairman Minton closed the public hearing. . Commissioner Eberley expressed concerns regarding the self contained water system. Mr. Shurts explained the system and the testing system for iron levels. Iron levels are monitored weekly and audited by the State (MPCA). ~"~fOJWfJ Planning Commission Minutes December 28, 1993 Page 3 . Discussion among the Commissioners ensued. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE RENEWAL OF THE SOLID WASTE FACILITY CONDITIONAL USE PERMIT RENEWAL BY UNITED POWER ASSOCIATION (UPA), CASE NO. CU 87-02, TO BURN REFUSE DERIVED FUEL LOCATED AT 17845 HIGHWAY 10, ELK RIVER, MN, CITING STAFF'S MEMO AND TERRY MAURER'S MEMO. A PUBLIC HEARING WAS HELD AND THERE WAS NO OPPOSITION. THE USE MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN. THE FOLLOWING CONDITION WILL BE ADHERED TO: 1. NEW, MORE RESTRICTIVE STATE OR FEDERAL STANDARDS ARE AUTOMATICALLY INCORPORATED INTO UPA'S CITY PERMITS. 7. Consider a Conditional Use Permit by Paul Krause, Public Hearing, Case No. CU 93-39 Presented by Gary Schmitz. Paul Krause requested a conditional use permit to add a temporary driving range to his golf course facility. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. . Commissioner Kuester expressed concern regarding pedestrians crossing Waco - some type of warning or road markings may be appropriate. Mr. Maurer responded that the City would be responsible to stripe pavement however, Mr. Krause would be responsible for putting up signs on golf course property warning pedestrians of traffic. Also, Street Superintendent Phil Hals and Police Chief Tom Zerwas should be informed of this request and asked for their input. Commissioner Eberley questions that if landscaping requirements are waived for this use, would that set a precedent for future "temporary uses?" Steve Ach explained that his use is an accessory facility to the golf course and that the golf course, as a whole, meets the current landscaping requirements per City code. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT BY PAUL KRAUSE, BASE NO. CU 93-39, TO ADD A TEMPORARY DRIVING RANGE TO THE PINEWOOD COUNTRY CLUB FACILITY, CITING STAFF'S MEMO AND NOTING THAT THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT. THIS IS AN ACCESSORY FACILITY TO THE GOLF COURSE AND THE GOLF (AS A WHOLE) MEETS THE CURRENT LANDSCAPING REQUIREMENTS PER CITY CODE. THE USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN. A PUBLIC HEARING WAS HELD AND THERE WAS NO OPPOSITION. THE FOLLOWING CONDITIONS WILL BE ADHERED TO: 1. THE DRIVING RANGE BE LIMITED TO 15 TEE STALLS, UNLESS ADDITIONAL PARKING IS PROVIDED. 2. HOURS OF THE DRIVING RANGE BE CONSISTENT WITH THAT OF THE GOLF COURSE. . ~"'@WfE' Planning Commission Minutes December 28, 1993 Page 4 . 3. THE EXISTING PARKING LOT OF THE GOLF COURSE BE UPGRADED TO MEET EXISTING CODE REQUIREMENTS (BITUMINOUS SURFACING, STRIPING, SETBACKS) WITHIN A THREE YEAR TIME PERIOD. A PLAN SHALL BE SUBMITTED TO THE CITY ILLUSTRATING THE THREE PHASES OF IMPROVEMENT AND WHEN THOSE WILL BE COMPLETED. 4. THIS USE BE REVIEWED ON A TWO YEAR BASIS TO ENSURE COMPATIBILITY WITH THE COMPREHENSIVE PLAN AND SURROUNDING DEVELOPMENT ACTIVITY. 5. STAFF REVIEW PEDESTRIAN WARNING SIGNS FOR THE WACO CROSSING AREA WITH STREET SUPERINTENDENT PHIL HALS AND POLICE CHIEF TOM ZERW AS. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Consider Preliminary Plat and Conditional Use Permit Reauest by SuoerAmerica, Public Hearina, Case No. P 92-7 and CU 92-16 . Staff report presented by Steve Ach. SuperAmerica requested preliminary plat to subdivide approximately 12 acres into one commercial lot and one outlot, and a conditional use permit to operate a motor vehicle station and convenience store. Terry Maurer presented issues regarding drainage and utilities. Mr. Ach stated that staff received a revised site plan and the sedimentation pond area has been revised. Chairman Minton opened the public hearing. Carl Carlson introduced members from his group and briefed the Planning Commission regarding this request. John Bogart (John Oliver & Associates) explained the revisions and discussed the easement issue. Terry Maurer stated that an easement corridor should be provided, however, an actual easement on an outlot is premature. Mike Rasnak, SuperAmerica, discussed the conditional use permit and questioned the signage requirements. Steve Ach explained why a monument style sign was proposed and further discussed the signage issues. Commissioner Eberley discussed the wooded ridge and requested clarification regarding the protection of the ridge and trees along the ridge. John Bogart explained the land contour and the proposed tree protections. Discussion ensued. . COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT TO SUBDIVIDE APPROXIMATELY 12 ACRES INTO ONE COMMERCIAL LOT AND ONE OUTLOT BY SUPERAMERICA ON THE SOUTHEAST CORNER OF HIGHWAY 169 AND 193RD AVENUE, ELK RIVER, MN, CASE NO. P 92-7, CITING STAFF'S MEMO AS FINDING OF FACT. THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND MEETS CURRENT CITY ORDINANCES. A PUBLIC HEARING WAS HELD AND THERE WAS NO OPPOSITION. THE FOLLOWING CONDITIONS WILL BE ADHERED TO: 1iJ"tPJ@W/EI Planning Commission Minutes December 28, 1993 Page 5 . 1. ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16, 1993, BE ADDRESSED AND/OR INCORPORATED INTO THE PRELIMINARY PLAT. 2. A DRAINAGE AND UTILITY EASEMENT BE ESTABLISHED ALONG THE SOUTHEAST PROPERTY LINE PROTECTING THE RIDGE AND EXISTING TREES. THIS EASEMENT SHALL BE A MINIMUM OF 30 FEET IN WIDTH AND FOLLOW THE SOUTHEAST PROPERTY LINE. 3. ELK RIVER UTILITIES, BE CONTACTED TO ARRANGE THE EXTENSION OF ELECTRICAL SERVICES TO THE PROPERTY. 4. A STREET LIGHT BE INSTALLED AT THE SOUTHWEST CORNER OF 193RD AVENUE AND THE EASTERLY ENTRANCE DRIVE. 5. CASH PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500 PER ACRE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 6. PA YMENT OF $7,500 TO THE CITY OF ELK RIVER FOR THE PROPERTY'S FAIR SHARE COST FOR SIGNALIZATION IMPROVEMENTS AT 193RD AVENUE AND HIGHWAY 169. 7. PAYMENT OF A TRUCK SANITARY SEWER AND WATER MAIN ASSESSMENT IN THE AMOUNT OF $3,800 PER ACRE BE PAID PRIOR TO RELEASING FINAL PLAT FOR RECORDING. . 8. COMPLETING A DEVELOPERS AGREEMENT FOR OAK PARC PLAZA PLAT. 9. PROVIDE TO THE CITY FOR REVIEW AND APPROVAL A DEVELOPMENT PLAN ILLUSTRATING THE GENERAL GRADING, STORM/SEDIMENTATION PONDING NEEDS AND FINISHED FLOOR ELEVATIONS OF BUILDINGS. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 4-0. COMMISSIONER KUESTER RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE A MOTOR VEHICLE STATION AND CONVENIENCE STORE BY SUPERAMERICA, LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 169 AND 193RD AVENUE, ELK RIVER, MN, CASE NO. CU 92-16, CITING STAFF'S MEMO AS FINDING OF FACT. THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT. A PUBLIC HEARING WAS HELD AND THERE WAS NO OPPOSITION. THE FOLLOWING CONDITIONS WILL BE ADHERED TO: 1. ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16, 1993, BE ADDRESSED AND/OR INCORPORATED INTO THE SITE PLAN FOR DEVELOPMENT OF LOT 1, OAK PARC PLAZA. 2. B612 CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE SITE. 3. SUPERAMERICA PRESENT PLANS OF A MONUMENT STYLE SIGN TO CITY STAFF FOR REVIEW AND APPROVAL. . Planning Commission Minutes December 28, 1993 Page 6 . 4. PROVIDE A DIVERSITY OF LANDSCAPING AND MAINTAIN CLEAR SIGH VISIBILITY TRIANGLES. 5. SOD ALL DISTURBED AREAS. 6. FOLLOW BEST MANAGEMENT PRACTICES AND INSTALL SILT FENCE AND OTHER EROSION CONTROL MEASURES AS DETERMINED BY THE CITY ENGINEER. 7. TRASH ENCLOSURE BE CONSTRUCTED OF MASONRY MATERIAL SIMILAR TO THE BUILDING AND HA VE GATES. 8. A 24 FOOT WIDE DRIVE ISLE BE MAINTAINED AROUND THE SOUTH END OF THE CANOPY. DRIVE ISLE DIMENSION SHALL BE MEASURED FROM THE CURB TO THE NEAREST POINT OF A VEHICLE DISPENSING GASOLINE. 9. UNDERGROUND STORAGE TANK VENTING PIPES BE SCREENED WITH LANDSCAPING AND/OR LATTICE. 10. LETTER FROM UPA AUTHORIZING USE OF 50 FOOT EASEMENT ALONG HIGHWAY 169. 11. EXISTING TREES IN MNDOT RIGHT OF WAY AND ALONG THE WEST PROPERTY LINE SHALL NOT BE REMOVED. . 12. THE PROPOSED GRADING PLAN FOR SUPERAMERICA SHALL BE REVISED TO BE CONSISTENT WITH THE DEVELOPMENT PLAN FOR THIS PLAT. 13. THE GRADING PLAN SHALL BE DESIGNED WITH MAXIMUM SLOPES NOT EXCEEDING CITY STANDARDS. COMMISSIONER T ACHENY SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Consider a Conditional Use Permit Reauest bv Steve LaTour. Public Hearinq, Case No. CU 93-40 Staff report presented by Gary Schmitz. The applicant, Steve LaTour, requested a conditional use permit to encroach on the 300 foot setback for a metal skin building. Mr. LaTour was not present at the public hearing. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Discussion among the Commissioners ensued. . COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY STEVEN LATOUR, 11-63-207 AVENUE NW, ELK RIVER, MN TO ENCROACH ON THE 300 FOOT SETBACK FOR A METAL SKIN BUILDING, CASE NO. CU 93-40, CITING STAFF'S MEMO AS FINDING OF FACT. THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT WITH Planning Commission Minutes December 28, 1993 Page 7 . THE COMPREHENSIVE PLAN. A PUBLIC HEARING WAS HELD AND THERE WAS NO OPPOSITION. THE FOLLOWING CONDITIONS WILL BE ADHERED TO: 1. THE COLOR OF THE BUILDING BE COMPATIBLE WITH THE COLOR OF THE EXISTING HOME. 2. THE LOCATION OF THE BUILDING BE CONSISTENT WITH THE SITE PLAN. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10. Consider a Variance Request bv Gary Westerland, Public Hearing, Case No. V 93- l.Q Staff report presented by Gary Schmitz. Gary Westerland requested a 50 foot variance to the 100 foot shoreland setback requirement for the Elk River. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Discussion among the Commissioners ensued. . COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE VARIANCE REQUEST FOR A 50 FOOT VARIANCE TO THE 100 FOOT SHORELAND SETBACK REQUIREMENT FROM THE ELK RIVER BY GARY WESTERLAND, 14133 HIGHWAY 10 NW, ELK RIVER, MN, CASE NO. V 93-10, CITING STAFF'S MEMO AS FINDING OF FACT. IT WILL NOT ADVERSELY AFFECT THE EXISTING OR POTENTIAL USE OF ADJACENT LAND. THE REQUEST IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN AND MEETS THE FIVE STANDARDS OF VARIANCE REVIEW. THE FOLLOWING CONDITIONS WILL BE ADHERED TO: 1. THE APPROVAL IS CONTINGENT UPON THE APPLICANT RECEIVING A FA VORABLE RESPONSE FROM THE DNR. 2. AT THE TIME OF BUILDING PERMIT APPLICATION, THE APPLICANT MUST SHOW THA T THE LOWEST FLOOR ELEVATION IS AT OR ABOVE THE 883 ELEVATION. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Commissioner Eberley thanked Mr. Schmitz on the thoroughness of his staff memos and findings of fact presented for Planning Commission review. 11. Consider Business Park Zonina Ordinance, Public Hearinq, Case No. OA 93-9 Staff report presented by Steve Ach. Staff proposed a business park zoning ordinance structured to facilitate the development of light manufacturing and office uses along with limited commercial. The standards found in this proposed ordinance are a step above current standards in the 11 (Light Industrial) and 12 (Medium Industrial) Districts. . Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. .n . . . 1 < Planning Commission Minutes December 28, 1993 Page 8 Commissioner Eberley questioned using titles such as "Zoning Administrator" and the potential of future conflicts. Mr. Ach responded that the title Zoning Administrator did not indicate an individual and therefore, should not be a conflict. Further, the Zoning Ordinance is written as such that using the title Zoning Administrator removed doubt of its intent. COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE ADOPTION OF THE BUSINESS PARK ZONING ORDINANCE CITING STAFF'S MEMO AS FINDING OF FACT, CASE NO. OA 93-9. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 4-0. 12. OTHER BUSINESS/STAFF UPDATES Steve Ach state there is a conflict with his schedule and Terry Maurer's schedule regarding the January Planning Commission workshop and requested the Planning Commission consider rescheduling Mr. Maurer's presentation to the February workshop. Steve Ach notified the Planning Commission of the February 7, 1994, meeting date with the City Council to discuss various issues that will be coming up in 1994. Steve Ach presented an article to the Planning Commission regarding the issue of suburban communities closing their door to low and moderate income housing opportunities. This subject recently reached the State Legislature with a proposed bill that would require communities to provide their "fair share" of low and moderate income housing opportunities. Mr. Ach will keep the Commission informed. Gary Schmitz presented a summary of accessory structure requests for 1993, and a comparison of how other communities regulate accessory structure requests. No formal action was required, this was merely a discussion item. Chairman Minton added discussion regarding the Planning Commission's Annual Meeting, to be held on January 22, 1994, at 8:30 a.m. and requested staff make arrangements in City Hall for this meeting. Commissioner Kuester gave a brief presentation after her attendance at a Planning Commission meeting in the City of Ramsey. Chairman Minton presented a letter of recommendation for Donald Spotts after his recent resignation of Planning Commissioner. COMMISSIONER EBERLEY MOVED TO APPROVE THE LETTER AND A COPY BE SENT TO DONALD SPOTTS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Commissioner Eberley asked staff about the concerns raised by the Planning Commission regarding TIF projects. What was the response from the City Council, etc. Steve Ach explained. Commissioner Eberley asked staff what the current situation is regarding Custom Motors. Steve Ach replied that Steve Rohlf, Building and Zoning Administrator, is Planning Commission Minutes December 28, 1993 Page 9 . working with Custom Motors, however, staff will present an update at the next Planning Commission meeting. 13. Adjournment There being no further business, COMMISSIONER TACHENY MOVED TO ADJOURN THE MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Planning Commission adjourned at approximately 11: 15 p.m. Respectfully submitted, ()dMdiJl1L In )Am,ctO Catherine M. Schmidt Recording Secretary . .