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04-17-1990 PC MIN e e ..'-" e MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, APRIL 17, 1990 Members Present: Chairman Kimball, Commissioners Johnson, Eberley, Schroeder, Fuchs, and Nadeau Members Absent: Commissioner Morton Staff Present: Stephen Rohlf, Building and Zoning Administratorj Janelle Szklarski, Zoning Assistantj Gary Schmitz, Zoning Assistantj Tim Keane, City AttorneYj John Lichter, Environmental Consultant 1. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order by Chairman Kimball at 7:00 p.m. 2. Consider 3/6/90 Plannin~ Commission Minutes Commissioner Johnson noted the meeting was held at Elk River Public Library instead of City Hall. Commissioner Eberley indicated the City Council wanted Commissioners Fuchs comments added to the minutes regarding Study Areas "c" and "D". Mr. Fuchs was not present for this issue but submitted his comments in writing. COMMISSIONER EBERLEY MOVED TO APPROVE THE 3/6/90 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 3/27/90 Plannin~ Commission Minutes COMMISSIONER NADEAU MOVED TO APPROVE THE 3/27/90 PLANNING COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3.5 Consider 4/17/90 Plannin~ Commission A~enda Steve Rohlf requested that staff's announcements be added to the agenda as Item 13. COMMISSIONER JOHNSON MOVED TO APPROVE THE 4/17/90 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3.6 Plannin~ Commission Representative to Attend Council Meetin~ on May 21. 1990 Commissioner Johnson requested that Item #13 be moved to Item 3.6 to alert the commissioners to the upcoming city council meeting. I twas indicated that Commissioner Nadeau and Fuchs would attend the May 21, 1990 City Council meeting. e e ..- e Planning Commission Minutes April 17, 1990 Page 2 ------------------------ 4. Site Plan Review (Commercial Development) in Barrin~ton Place PUD by R.E.P. Ltd. Gary Schmitz stated that R.E.P, Ltd., represented by Gary Santwire, is requesting a site plan review to allow a 3,968 sq. ft. office/retail building within the plat of Barrington Place, Lot 3, Block 6. He indicated staff's main concern was that the site drain properly and that the building did not meet the side yard setback standard for a C-3 zoning district. Steve Rohlf, Building and Zoning Administrator, stated that if approval is given for this proposal, it would void previous requests. The Commission was concerned with drainage. Mr. Schmitz explained that Terry Maurer, City Engineer, agreed with the overall concept of the drainage plan. He indicated Mr. Maurer questioned the over land drainage next to the office building. Mr. Maurer recommended the runoff be conveyed to the pond by a catch basin rather than over land. Mr. Santwire addressed the drainage plan. Chairman Kimball asked for public input at this time. COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL OF THE SITE PLAN REVIEW FOR A OFFICE/RETAIL BUILDING LOCATED ON LOT 3, BLOCK 6, BARRINGTON PLACE PUD BY R.E.P. LTD. (GARY SANTWIRE) WITH THE FOLLOWING CONDITIONS: 1. That. the proposed drive and parking be hardsurfaced and striped wi th dimension as per the proposed site plan or greater to allow cars to turn around within the parking lot. 2. That the dumpster and recycling containers if required, to the east of the parking lot be properly screened (cedar fence at least 4 ft. in height). 3. That the developer is responsible for providing sewer and water lines to the proposed office/retail building in a design approved by the City Engineer. 4. That the parking lot be lit as per City code. 5. That all drainage of this site be accomplished as per the City Engineer's recommendation. 6. That all signage meets City code for the C-3 zoning district. 7. That a more detailed landscaping plan be submitted and approved by staff. 8. That the South and Southeast area banks of the pond are not altered from the original city drawings. 9. If a retaining wall is built on the south and southeast side of the pond that this be properly maintained by owner. Planning Commission Minutes April 17, 1990 Page 3 ------------------------ e COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Ordinance Amendment (Si~n Ordinance) by City of Elk River Commissioner Kimball explained that the Commissioners were going to act on the freestanding signs in the C-3 zone only because of the complexity of the issue. Chairman Kimball asked for clarification from staff as to whether they could act on only one portion of the sign ordinance. Steve Rohlf, Building and Zoning Administrator, explained that if the Commission passes a recommendation to the City Council for the freestanding signs in the C-3 zone, the City Council would act on this part of the ordinance at their April 23, 1990 meeting. He indicated that staff hopes to be able to advertise the entire sign ordinance as soon as possible, as the new sign ordinance does not go into effect until its published. Mr. Rohlf stated that he may need to publish the portion of the ordinance that is acted on, in order to approve sign permits. COMMISSIONER NADEAU MOVED TO CONTINUE THE OUTDOOR ADVERTISING SECTION OF THE ORDINANCE TO THE NEXT REGULAR SCHEDULED PLANNING COMMISSION MEETING. COMMISSIONER EBERELY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Chairman Kimball opened the public hearing. e Rob Vanvalkenburg stated one of the biggest concerns he has is that he does not have the benefit of being a big corporation. He indicated that some of the big businesses are very good at making their building one big sign by the design of their building. Mr. Vanvalkenburg felt the big corporations were playing games with the sign ordinance. Joe Harring with Burger Time stated that it is very important to Burger Time to have a good effective sign to pick up the impulsive drive by customers especially on Highway 169. Mr. Harring felt the sign ordinance was too restrictive. Mike Leary of 708 Main Street was concerned with the practicality of the sign ordinance as it relates to the speed zones in relation to the height of the signs. Paul Bell of 17323 Highway 10 stated that businesses need to advertise their business to get people to stop. He indicated that the City has to allow people signage to have a growing business along the highway. This would encourage more growth in the City. Charlie Houle raised the question of whether the City has ever done a survey of the needs of the business people regarding signage. - There being no further comments from the public, Chairman Kimball, closed the public hearing. Planning Commission Minutes April 17, 1990 Page 4 ------------------------ e A lengthy discussion was held between staff and the Commission regarding freestanding signs in the C-3 zone. The commission modified the formula as outlined in staff's memo dated 4/15/90. Where the speed limit is 30 to 55 miles per hour, the height was modified to 28 ft. Where the speed limit is 55 miles per hour, the height was modified to 32 ft., the rest of the formula remaining the same. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE FREESTANDING SIGNS IN THE C-3 ZONE WITH THE FOLLOWING MODIFICATIONS TO STAFF'S FORMULA: WHERE THE SPEED LIMIT IS 30 MPH, THE HEIGHT AND SIZE WOULD REMAIN THE SAME AS STATED IN STAFF'S MEMO. IN THE 30 TO 55 MILES PER HOUR ZONES , THE MAXIMUM HEIGHT WAS CHANGED TO 28 FT. WITH THE REST OF THE FORMULA REMAINING THE SAME AND IN THE 55 MPH ZONE, THE MAXIMUM HEIGHT WAS CHANGED TO 32 FT. WITH THE REST OF THE FORMULA REMAINING THE SAME. ALSO THAT THE FORMULA WITH NOTATIONS REMAIN THE SAME. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Fuchs opposed. 6. Ordinance Amendment (Interim Use) by City of Elk River/P.H. e Steve Rohlf, Building and Zoning Administrator explained that staff has been directed through previous discussions with the Planning Commission and Council to prepare an interim use ordinance. He noted that the interim use ordinance is a mechanism for controlling a development until sewer and water comes to the area. Chairman Kimball opened the public hearing. No one appeared for or against the matter. Chairman Kimball closed the public hearing. COMMISSIONER EBERLEY MOVED TO TABLE THE INTERIM USE ORDINANCE SO AS TO INCORPORATE IT INTO THE PLANNING COMMISSION AND CITY COUNCIL DISCUSSION OF THE PLANNING CONSULTANT'S FOCUS AREA STUDIES. COMMISSIONER JOHNSON MOVED TO SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Conditional Use Permit for Mini Stora~e in a Multifamily Zone by Larry Rohlf/P.H. At this time, Steve Rohlf, Building and Zoning Administrator, excused himself from the staff table and the meeting room not for a conflict of interest, but for the appearance of a conflict of interest as the applicant is his brother. e Janelle Szklarski, Zoning Assistant, informed the Commission that the applicant is requesting a conditional use permit to construct a mini storage facility in the R-3 zone located on Lot 2, Block 1, Ridgewood East 2nd Addition. She stated that the applicant is proposing to build three mini storage structures in a phased in manner. Ms. Szklarski explained the three phases. Ms. Szklarski indicated the applicant is proposing to use the existing driveway on Lot 3 as an exit. Lot 3 currently has a mini storage structure on it. She indicated that Mr. Rohlf will be required to record an cross easement with the City. The Ci ty Engineer has reviewed the drainage for the site and his comments are included. e e -- e Planning Commission Minutes April 17, 1990 Page 5 Chairman Kimball opened the public hearing. No one appeared for or against the matter. Chairman Kimball closed the public hearing. The applicant (Larry Rohlf) was present for this issue and felt that this type of structure fits in with the neighborhood. Mr. Rohlf indicated that about 40% to 50% of the people renting his mini storage facilities are within a two mile radius. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY LARRY ROHLF FOR THE CONSTRUCTION OF MINI STORAGE FACILITY IN THE C-3 ZONE, LOCATED ON LOT 2, BLOCK 1 RIDGEWOOD EAST 2ND ADDITION, BASED UPON THE FINDINGS OF FACT AS STATED IN STAFF'S MEMO DATED 4/11/90, WITH THE FOLLOWING CONDITIONS: 1. Lighting shall be installed on each of the storage buildings with no glare spillover to adjoining properties. 2. Reduced security lighting after hours of operation shall also allow no glare spillover to adjoining properties. 3. Building material shall be subdued colors, compatible with the environment, and architecturally harmonious with the neighborhood and the existing structure. 4. The design and finish of the building shall be residential in nature and compatible with the neighborhood. 5. The building shall have a shingled roof. 6. A speed limit of 5 mph shall be posted on Lot 2. 7. The driveway of Lot 2 shall accommodate one way traffic only, and a cross easement with Lot 3 shall be recorded for the joint use of the driveway on Lot 3. A copy of this recorded easement shall be given to the City. 8. Driveway and parking stalls shall be hardsurfaced with asphalt or concrete. 9. Areas not paved or built upon shall be seeded in grass. 10. Nine trees shall be planted on Lot 2, types and locations as per description on site plan. 11. Building and grounds shall be kept well maintained, clean, and free of debris. 12. Signage shall not exceed a maximum of 8 sq. ft. 13. The holding pond on Lot 2 should be slightly enlarged as per specifications of the City Engineer. 14. A two year review of the conditional use permit is required. e e ,~ e Planning Commission Minutes April 17, 1990 Page 6 ------------------------ COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Conditional Use Permit for Contaminated Soil Treatment Facility by Conteck/P.H. The general consensus of the Commission was to table this issue until receipt of MPCA's report concerning their review of this proposal for air emissions. Chairman Kimball stated that it was the Commission's intention to receive information from staff and Chris Kreger to give the Commission a better understanding of the process. Chairman Kimball indicated that Mike Sandusky from the Air Quality Control Division of MPCA was present to answer questions. Chairman Kimball opened the public hearing. No one appeared for or against the request. Chairman Kimball closed the public hearing. At this time, Chris Kreger gave a slide presentation of the introduction of the solid waste facility operation. The solid waste facility would involve a treatment plant to thermally treat soils contaminated with hydrocarbons. Steve Rohlf, Building and Zoning Administrator, gave at brief summary of his memo dated dated 4/13/90. He indicated that the application was complete according to the solid waste ordinance. Mr. Rohlf stated that John Lichter, Environmental Consultant, was present to answer any concerns staff or the Commission may have. Mike Sandusky addressed his concerns and general comments regarding the operation of the treatment plant. He indicated that his biggest concern was controlling the fugitive dust problem. Once this material leaves the plant, it is extremely hydrophobic. This material is very hot and does not accept water. Mr. Sandusky suggested some type of housing for storing this material. He was also concerned with the VOC (volatile organic compounds). Mr. Sandusky further indicated that asphalt plants, which in the past were used to treat soil are notorious for their inability to be in compliance with particulate limits. COMMISSIONER EBERLEY MOVED TO TABLE THIS ISSUE UNTIL RECEIPT OF MPCA REPORT. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The Commission created a list of concerns for staff to address prior to the next meeting: fugitive dust, traffic, haulers, covered loads, moni toring of unacceptable products to the site, financial burden to the city, storage building (3 sided), legality of two owners (Elk River Landfill, Inc. and Conteck) and fees associated with increased staff time. 9. Condi tional Use Permit for a Temporary Asphalt Plant by Commercial Asphalt Company (Barton's) P.H. Steve Rohlf, Building and Zoning Administrator, stated the applicants are requesting a conditional use permit to renew a permit for a temporary asphalt plant. He indicated that the location of Barton's Planning Commission Minutes April 17, 1990 Page 7 ------------------------ e temporary asphalt plant now lies wi thin an R-la/single family zone. The zone change to R-la made their gravel pita legal nonconforming use. He further indicated since this is a renewal in a legal gravel pi t, a temporary asphalt plant could be renewed because of grandfathered rights. Chairman Kimball opened the public hearing. James Peterson of 11460 205th Ave. NW stated his concern regarding the the large portion of runoff from the Barton Site. He indicated that when there is a substantial amount of rain, there are solid, caramel colored, silkie particulates suspended in the water, which stay for weeks. Mr. Peterson stated that he was not objecting to the water, but to the fine particulates that come with the runoff. Staff addressed Mr. Peterson's concern. Mr. Rohlf indicated that staff had been contacted regarding the run off problem and was under the impression that the berm placed to direct the run off took care of the problem. Staff felt that this was not necessarily an issue with Barton's asphalt plant request, but with the gravel pit. Dick Peterson of Barton Sand and Gravel stated that they were very confident that the runoff was not coming from their pit. Mr. Peterson agreed to work with staff and Mr. James Peterson to work out some type of solution to identify the source of the problem. e Chairman Kimball closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR RENEWAL OF A CONDITIONAL USE PERMIT FOR A TEMPORARY ASPHALT PLANT BY COMMERCIAL ASPHALT COMPANY (BARTON SAND AND GRAVEL) WITH THE STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED 4/10/90. ALSO, WITH THE ADDITIONAL STIPULATIONS THAT STAFF WORK TOGETHER WITH THE PETITIONER TO RESOLVE THE RUNOFF PROBLEM. MODIFY STIPULATION #13 THAT THE OPERATION WOULD BE 7 DAYS A WEEK. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Eberley indicated the stipualtions in staff's memo would comply with the seven standards for a conditional use permit. 10. Extension of TemDOrary Subdivision Si~n for Pinewood Subdivision by Terry Lee Dou~las/P.H. Staff requested that this issue be tabled as Mr. Douglas is asking for an extension until the review of the sign ordinance. The applicant was not present for this request. COMMISSIONER EBERLEY MOVED TO TABLE THE REQUEST BY TERRY LEE DOUGLAS UNTIL AFTER REVIEW OF THE SIGN ORDINANCE. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. ---- e 11. Conditional Use Permit (Li~ht Manufacturin~ in C-3 Zone) by Richard Du~l!:an/P.H. Planning Commission Minutes April 17, 1990 Page 8 e Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a conditional use permit to allow light manufacturing in a C-3 Commerical zone. Ms. Szklarski indicated the proposed use would be to assembly test fixtures which will be used to test printed circuit boards. Chairman Kimball opened the public hearing. No one appeared for or against the request. Chairman Kimball closed the public hearing. John Lichter, Environmental Consultant, reviewed his memo, dated 4/9/90. He indicated that he has reviewed Mr. Duggan's request and it does not appear that environmental concerns should affect the conditional use permit consideration. Richard Duggan showed a sample of their test fixtures at this time. Mr. Duggan gave a brief summary of their operation. Chairman Kimball raised the question of signage and also questioned if the flags were still on top of the building. Mr. Duggan stated that the flags had been removed. He stated that they were requesting a small identification sign (3' x 4') above their door as they do not have commerical walk-in traffic that would need a freestanding sign. e COMMISSIONER JOHNSON MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE CONDITIONAL USE PERMIT TO ALLOW LIGHT MANUFACTURING IN A C-3 HIGHWAY/COMMERCIAL ZONE BY RICHARD DUGGAN (MARKETECH) BASED ON THE FINDINGS OF FACT AS OUTLINED IN STAFF'S MEMO DATED 4/12/90 WITH THE STIPULATIONS AS STATED IN STAFF'S MEMO. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 12. Si~n ReQuest in Elk River Plaza 3rd Addition by Beaudry Insurance Janelle Szklarski, Zoning Assistant, stated that there were some al terationsto the applicant's site plan that need to be addressed. The applicants were requesting that the Commission table this request because of the lateness of the meeting and to give staff time to address the changes in the site plan. 13. Staff Update e Steve Rohlf, Building and Zoning Administrator, verified those going to the State Planning Conference. He indicated that transportation would be provided. Commissioner Eberley noted that Commissioner Johnson would be facilitating one of the sessions at the conference and that the Commission should congratulate her. Staff stated that there were three issues that they would like to see dealt with as soon as possible; PUD size, Schedule of Dimensional Regulations, and fences in easements. Steve addressed the mobile workshop and requested that the dates be changed as it is in conflict with the week the packets are due. Chairman Kimball indicated they would discuss this at their workshop. 14. Adjournment e ,..-, e - It Planning Commission Minutes April 17 I 1990 Page 9 There being no further business I COMMISSIONER FUCHS MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 12:25 a.m. Respectfully submitted, AtUMvt~ Sharon Maue Building & Zoning Secretary