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02-28-1989 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY FEBRUARY 28, 1989 Members Present: Chairman Kimball, Commissioners Johnson, Morton Schroeder and Eber1ey. Commissioner Olsen arrived at 8:20 p.m Members Absent: Commissioner Fuchs Staff Present: Stephen Rohlf, Building and Zoning Administrator; Steven Bjork, Zoning Assistant; Dave Se11ergren, City Attorney; John Lichter, Bruce A.Liesch and Associates 1. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. 2. Consideration of 2/28/89 Planning Commission Agenda Commissioner Johnson requested that Item 9.5 - "Communication Policy" and Item 12.5 - "Update on Northstar Service Center" be added to the agenda. Chairman Kimball requested that Item 13.5 - "Workshop Discussion Session" be added to the agenda. COMMISSIONER JOHNSON MOVED TO APPROVE THE 2/28/89 PLANNING COMMISSION AGINDA AS AMENDED. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consideration of 1/24/89 Planning Commission Minutes The following changes were made to the 1/28/89 Planning Commission minutes. Page 1 - Item /12 - "Motion should read 5-0." Page 3 nay." Item #4 - Motion should read that "Commissioner Olsen voted Page 4 - Item /16 - Paragraph 5, the word "site" was incorrectly spelled, should read "sight." Page 6 Number 7 of the motion, "on" should read "to" a six month and one year review. COMMISSIONER JOHNSON MINUTES AS AMENDED. MOTION CARRIED 5-0. MOVED TO APPROVE THE 1/24/89 PLANNING COMMISSION COMMI SSIONER SCHROEDER SECONDED THE MOTION. THE 4. & 5. Conditional Use Permit and Variance Request by Elk River United Methodist Church/Public Hearing. Zoning Assistant, Steve Bjork, indicated that Elk River United Methodist Church of 1304 Main Street is requesting a Conditional Use Permit to expand the existing structure. Churches are classified as an institutional use within the R-1c zone. In addition to the Conditional Use Permit, the applicant is also requesting a 30 ft. encroachment on the 50 ft. setback requirement for churches. Staff is requesting that the variance be heard first, since the Conditional Use Permit is contingent upon the variance being granted. . . . Planning Commission Minutes 2/28/89 At this time, Chairman Kimball read the five standards for granting a variance. Ted Cornelius representing United Methodist Church addressed the five standards for a variance. Mr. Cornelius indicated, he felt he met these standards as the church is an existing structure that was constructed prior to the adoption of the City code. The church lot is of an irregular shape making this a hardship. Mr. Cornelius indicated the older portion of the church would be torn down to make room for the new addition. Chairman Kimball opened the public hearing for both the conditional use permit and variance at this time. There being no one for or against the matter, Chairman Kimball closed the public hearing. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL Of THE VARIANCE REQUEST FOR ELK RIVER UNITED METHODIST CHURCH FOR A 30 FT. ENCROACHMENT ON THE 50 FT. SETBACK. REQUIREMENT FOR CHURCHES BASED ON THE FOLLOWING FINDINGS OF FACT: 1 . THE LOT I S OF AN IRREGULAR SHAPE. 2. THE ORIGINAL CHURCH WAS BUILT PRIOR TO THE ADOPTION OF THE ORDINANCE. 3. OTHER CHURCHES ARE BUILT AT LESS THAN THE 50 REQUIREMENT. FT. SETBACK. COMMI SSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Bjork reviewed the elements of the conditional use permit as stated in his February 28, 1989, memo to the Planning Commission. Staff is somewhat concerned that individuals are using the parking lot as a through street. Steve indicated he had talked to Phil Ha1s, Street Superintendent and he had suggested putting in a speed bump or moving the access. He wasn't sure which would be the best solution. Mr. Cornelius indicated that part of the stipulation when the street was vacated was to provide a place for off street parking. The church parking lot was once part of Quinn Avenue. After discussing the drive through it was the consensus of the Planning Commission, church and staff should work together to solve the parking drive through situation. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL FOR THE CONDITIONAL USE PERMIT BY UNITED METHODIST CHURCH TO EXPAND THE EXI STING STRUCTURE UPON THE FOLLOWING CONDITIONS AS OUTLINED IN STAFF'S MEMO: 2. Planning Commission Minutes 2/28/89 . 1. THAT APPROVAL OF THE CONDITIONAL USE PERMIT BE CONTINGENT UPON APPROVAL OF THE VARIANCE REqUEST. 2. THAT THE CHURCH. IN CONJUNCTION WITH THE CITY, DEVELOP A PLAN TO ADDRESS THROUGH TRAFFIC IN THE PARKING AREA. CHURCH AND STAFF SHOULD WOB TOGETHER TO DEVELOP A PLAN TO HELP PREVENT DRIVE THROUGH TRAFFIC. 3. '!'HAT ALL orl' STREET PARKING STALLS BE HARDSURFACED AND DUST FREE. ALSO THAT ALL STALLS SHALL BE STRIPED. THAT THE TRASH RECEPTACLE BE SCREENED AND DESIGNED AS PER CITY CODE. 5. THAT ANY TREES OR PLANTINGS DISTURBED DURING CONSTRUCTION MUST BE REPLACED AS NEARLY AS POSSIBLE. 6. THAT THE CHURCH WILL BE SUBJECT TO CONDITIONAL USE PERMIT. (0391) A TWO YEAR REVIEW OF THE COMMISSIONER EBERLEY SECONDED THE MOTION. 5-0. THE MOTION CARRIED 6. Conditional Use Permit Request by TLC. Inc. (Daycare)/Public Hearing . Steve Bjork. Zoning Assistant. indicated that TLC of 19027 Proctor Avenue is requesting a Conditional Use Permit to expand the existing daycare facility (5.650 sq. ft.). Staff does have a concern with the dumpster. The original Conditional Use Permit required that the dumpster be screened. He further indicated that staff would like to restrict signage for the Daycare to what is currently in place (two signs). Chairman Kimball opened the public hearing. There being no one for or against the request. Chairman Kimball closed the public hearing. Jody Kreuser this issue. indicated the were originally be delaying the (applicant) and John Weicht (contractor) were present for Jody was in agreement with the signage. She further new addition will consist of four new classrooms. They going to start the project this spring. but will probably project until 1990. Steve Rohlf, Building and Zoning Administrator indicated the Conditional Use Permit is good for two years from time of approval. The Planning Commission discussed the dumpster. They were recommending that the dumpster be screened and outfitted with a latchable gate. Chairman Kimball indicated he would like the trash container moved further away. John Weicht indicated this might be possible. but would probably eliminate a parking spot. Jody Kreuser felt the dumpster shouldn't be a problem since the children were well supervised at all times. Jody further indicated the drive through has been a problem. . Steve Rohlf indicated staff Superintendent regarding the could be put in. would like to work with Phil Hals. Street drive through problem. maybe a speed bump 3. . . . Planning Commission Minutes 2/28/89 The Commissioners discussed the building appearance and it was the concensus that they would like to see brick columns and architectural panels on the south side of the building also. COMMISSIONER JOHNSON MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL rOR A CONDITIONAL USE PERMIT REQUEST BY TLC. INC. TO EXPAND THE EXISTING DAYCARE FACILITY WITH THE FOLLOWING STIPULATIONS:, 1 . THAT THE ENTIRE PLAY AREA BE FENCED. 2. PROVIDE FOURTEEN (14) OFF STREET PARKING STALLS AS SHOWN ON 'l'H1 SITI PLAN. THESE STALLS SHALL BE HARDSURFACED AND DUST FREE. INDIVIDUAL STALLS SHALL ALSO BE STRIPED. 3. THAT THE PROPOSED BUILDING BE DECORATED WITH FOUR BRICK COLUMNS AND ARCHITECTURAL PANELS TO MATCH THE ORIGINAL BUILDING. 4. THAT THE DUMPSTER BE SCREENED AND A LATCHABLE GATE BE INSTALLED. 5. THAT THE SIGNAGE FOR THE DAYCARE BE RESTRICTED TO TWO (2) SIGNS NOT TO EXCEED 32 SQ. FT. FOR EITHER SIGN. 6. THAT THE OWNER W01U< WITH STAFF TO SOLVE THE DRIVE THROUGH PROBLEM. 7. CONTINUE THE BRICK COLUMNS AND ARCHITECTURAL PANELS ON THE SOUTH SIDE OF THE BUILDING. 8. THAT THE LANDSCAPING BE CONTINUED WITH MORE MATURE TREES. COMMI SSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7, Signage Variance Request by Security Financial/Public Hearing Steve Bjork, Zoning Assistant, gave an update on Security Financial's signage. He explained the new request before the Planning Commission is to remove the existing sign face (105 sq. ft) and replace it with a 3 ft. by 17 ft. message identification center and a 3-1/3 ft. by 17 ft. identification sign (111 sq. ft.) The applicant is also proposing to reduce the existing pylon structure to 20 ft. At the December 1988 Planning Commission meeting they reviewed this request and recommended denial as they did not want to set a precedence in allowing a larger sign than that specified by the ordinance. The new request is to make the freestanding sign conforming in regards to height, yet maintain the nonconforming size of the sign face. 4. Planning Commission Minutes 2/28/89 . Dave Shannon presented version of the sign. considerably, but that He further indicated business, The message He was requesting that the sign ordinance. staff and commissioners with a new redesigned He indicated they had scaled down the sign it would still exceed the City's sign ordinance. that the message center was a necessity for their center would be used to display community events. the Planning Commission approve the variance from Chairman Kimball opened the public hearing. Jackie Hanson of 18645 Simonet Drive who is the new branch mananger for Security Financial indicated the purpose of the electronic message center was for community involvement to let everyone know what is going on. Chairman Kimball closed the public hearing. A considerable amount of time took place concerning the sign request. It was the consensus of the Planning Commission that allowing the applicant to exceed the square footage allowance would be setting a precedence. If the sign ordinance was too restrictive it should be addressed through an ordinance amendment. . Steve Rohlf explained that variance and directed the granting a variance. Mr. amend the sign ordinance variance request. the public messages had no bearing on the commissioners to the five standards for Rohlf recommended that the commission should rather than set a precedence in allowing the COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE REQUEST FOR A SIGN VARIANCE BY SECURITY FINANCIAL BECAUSE THE FIVE STANDARD S FOR A VARIANCE HAD NOT BEEN MET AND WOULD BE SETTING A PRECEDENCE. THE PLANNING COMMISSION DETERMINED THAT THE REQUEST WAS A RESULT OF THE PETITIONERS OWN ACTION. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. A short recess was taken at this time. 8. Conditional Use Permit by Elk River Landfill/Public Hearing Chairman Kimball opened the public hearing. . At this time, Chris Kreger of the Elk River Landfill explained his request. Mr. Kreger explained that they are applying for an amendment to the Conditional Use Permit to allow them to temporarily store ash within the northern forty acres owned by the landfill, which is part of the current mixed municipal waste disposal site. This ash would be limited to refuse derived fuel ash or mash burn ash only. Mr. Kreger indicated one of City staff's concerns from. the original license is to have residential wells monitored around the landfill. Mr. Kreger went into detail on ground water flow and the design of his proposed ash storage. At this time, Mr. Kreger provided staff and Planning Commission with a handout on Elk River Residential Well Sampling Summary of V.O.C results. Mr. Kreger explained the result of the test sampling. 5. . . . Planning Commission 2/28/89 Mr. Kreger further noted there is some concern; the combination of chemicals could put the drinking water standard over the recommended allowable limit. Mr. Kreger explained what the recommended allowable limit was. The RAL is based on the calculation that one out of 100.000 persons who drink the same water all their life could get cancer from it. Mr. Kreger offered to buy bottled water for residents whose wells are contaminated. Mr. Kreger explained the first action they were going to take is to verify this information. The second action they are going to take is to immediately resample the wells. which would take place next week. We should have information available in about six weeks to compare the results. The third action they were going to take is to step up an immediate investigation to see why or what causes these types of contaminations. Mr. Kreger felt that ash storage will be no more hazardous than the storing of the mixed municipal solid waste. Steve would Kreger Rohlf. Building and Zoning Administrator explained that the City be taking split samples of the wells also. if MPCA doesn't. Mr. noted that they would be using a certified lab this time. Kreger's attorney. Tom sampling results should permit. Mr. Larson felt for this request. Larson of Briggs and Morgan felt the water not have anything to do with the conditional use that the landfill does meet all the conditions John Lichter. Bruce A. Liesch and Associates indicated that one of the wells northeast of the landfill was quite heavly contaiminated. If the groundwater flow is primarly to the southwest. why were these residential wells contaminated? Also. one of the Landfill's montoring wells north of the landifll showed some contamination. Mr. Kreger explained that was one of the reasons to expand the samplying to include residences in a certain circumference of the site. Mr. Kreger indicated that they would dig some new wells to see which way the groundwater is flowing. Mr. Lichter felt it was a good idea to use another well for testing. Mr. Lichter explained that most of the chemicals found in the drinking water are degreasing solvents. Tom Woods of 544 5th Street indicated he was against this request. EPA does not classify ash as hazardous waste. EPA calls it special waste. therefore. exempts it from hazardous waste laws. Dioxins and Furans are some of the most hazardous chemicals known to man. By simply changing the name it is no longer toxic. You need to look at the reality of the situation and not be swayed by euphemism and soft sales. 6. . . . Planning Commission 2/28/89 Doug Hipsag of Elk River questioned the synthetic liner and height of the ash pile. Chris Kreger explained that a liner would fit in with the design of the current landfill. The buffer zone of trees would be left as is. Mr. Hipsag was also concerned about the contamination of wells around the landfill. Don Sherper of Elk River was opposed to the request as he felt it was wrong to approve the Conditional Use Permit. Northern States Power and UPA didn't consider Elk River Landfill as a disposal site, so the intent was to not allow ash other than that generated from Sherburne County. Don Horvath of 22715 Baldwin Was opposed to this request. By allowing this request, he felt his property values would go down. Steve Rohlf noted that he had received information from Dr. T. Steen which he would like to show as being part of the record. He further explained that staff's memo had made reference to a number of documents. These documents are all part of the public record. Mr. Rohlf further explained they were too numberous and bulky to copy and anyone one wishing to review these at City Hall, may do so. There was only and ilie P~ temporary process of possibi1ty all design discussion on whether or not the application was for storage not for a permanent disposal. John Lichter explained that if were to review the proposal, they would issue a permit for ash storage under the current regulations. The PCA is in the developing regulations for permanent ash disposal. There is a the storage site could become a permanent site if they meet criteria for a disposal site. Dave Se11ergren, City Attorney noted that the application that has been presented to P~ for this facility perdicted a time frame of 3-1/2 years. Mr. Kreger responded that his proposed temporary ash disposal site could be for more than five years in order for the ash to be removed to a permanent site. Tom Woods was concerned about the ash and questioned whether this ash was going to be covered. Mr. Woods further indicated that he had seen a video tape of actual ash piles filmed around the country. Ash blew when the wind blew, kids having fun with three wheelers on top of the ash landfill. Mr. Kreger noted that chances are there won't be any ash flying around, if this should occur, the ash would be covered and moistened. Commissioner Schroeder questioned the burning of municipal waste at very high temperatures and what affect this would have on heavy metals. John Lichter explained that metals are an element and you can not destroy an element. 7. . . . Planning Commission Minutes 2/28/89 The Planning Commission expressed many concerns and were overwhelmed by all this. It was the consensus of the Planning Commission to table this issue and continue the public hearing until they had time to review the additional information and MPCA had more informatio~ or at least started their review. COMMISSIONER JOHNSON MOVED TO TABLE THE ELK RIVER LANDFILL'S REQUEST TO AMlND THEIR CONDITIONAL USE PERMIT TO ALLOW TEMPORARY ASH STORAGE. SO THE PLANNING COMMI SSION HAS MORE TIME TO GATHER AND REVIEW THI S INFORMATIOHN. THE PUBLIC HEARING IS TO BE CONTINUED ANDREADVERTISED. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 6-0. 9. Discussion Concerning Definition for "Mini Storage Steve Bjork. Zoning Assistant. explained that the City does not have a definition for "mini storage." Staff and the Planning Commission reviewed the proposed definition and made revisions. The ordinance amendment will be before the Planning Commission at the March 28. 1989 meeting. 9.5 Update Northstar Service Center Northstar Service Center will be on the March Planning Commission meeting to address the Conditional Use Permit for used cars. 10. Revision of Section 900.18 (2) Steve Bjork. Zoning Assistant. explained that staff has been going through the zoning ordinance and citing sections that can be improved upon. Section 800.18(2) titled. "Accessory Use Setbacks" is one area that staff feels can be revised. Staff is recommending that the same setback for fences in the R-1a zone be used for the A-1 zone since no setback was found for fences within the A-1 zone. 11. Review of Sign Ordinance Steve Rohlf. Zoning Administrator. updated the Planning Commission on the current sign ordinance that needed updating. A lot of time has been spent on signage and staff would like the Planning Commission to look at this ordinance for their comments or changes. This issue would be dealt with at another meeting to give staff time to refine the ordinance. 12. Discussion Regarding the Concept of Cluster Homes Steve Rohlf explained that staff would like to have a set of standards for cluster homes and PUD's. 12.5 Communication Policy Commissioner Johnson questioned what the policy was for seminars. Steve Rohlf indicated that they would like this in the form of a letter for any seminar requests. 8. Planning Commission Minutes 2/28/89 ~ 13. Discussion Brought Up at Planning Commission Workshop Steve Rohlf explained that the City Council would like to have a joint workshop session with the Planning Commission. This is scheduled for Saturday. April 8. 1989. at 9:00 a.m. at City Hall. The purpose of this workshop is to discuss City goals and issues. Steve Rohlf. Building and Zoning Administrator explained that if anyone is interested in attending the national conference preference would be given to those who did not attend last years national conference. The budget would allow for two Planning Commission members to attend. 14. Planning Commission Representative to Attend City Council Meeting on March 20. 1989. It was indicated that Commissioners Schroeder and Olsen would attend the March 20. 1989 City Council meeting to be held at the Elk River Public Library. 15. Adjournment There being no further business. COMMISSIONER OLSEN MOVED TO ADJOURN THE THE MEETING. COMMI SSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. ~ The meeting of the Elk River Planning Commission adjourned at 11:20 p.m. Re~~ectfu11y submitted. J hQjUx) m {lv..iL-- Sharon Maue Recording Secretary ~ 9.