Loading...
7.8. 7.9. 7.10 SR 03-20-1995~~r ~~ ( ity of ~~ lk • River TO: FROM: DATE: ITEMS 7.8., 7.9. ~ 7.10. MEMORANDUM Mayor and City Council Gary Schmitz, Planning Assistant March 20,1995 SUBJECT: Rezoning, Land Use Amendment, and Conditional Use Permit Request by Dick Hetland, Public Hearing Case No. ZC 95-01, LUA 95-01, CU 95-02 Request Dick Hetland is requesting the following: 1) Rezoning a 3 acre parcel from C3 (Highway Commercial) to I1 (Light industrial). • 2) Aland use amendment from HB (Highway Business) to LI (Light Industrial). 3) A conditional use permit to operate a recycling center. Location 16501 Highway 10 (the intersection of 165th Avenue and Highway 10). The building is located immediately west of the NSP refuse-derived fuel plant. Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business). Attachments • Ordinance 95-_ • Resolution 95 • Landscape Plan • February 28, 1995 Memo to the Planning Commission • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Mayor and City Council Dick Hetland Request • Background Page 2 Mr. Hetland is requesting a zone change, land use plan amendment and conditional use permit to facilitate a recycling center at 16501 Highway 10. The zone change involves rezoning the property from C3 (Highway Commercial) to I1 (Light Industrial). The land use amendment would change the land use from HB (Highway Business) to LI (Light Industrial). The applicant is also requesting a conditional use permit to operate a recycling center from the existing building on this site, contingent upon the approval of the rezoning and land use plan amendment. The building located at 16501 Highway 10 consists of three separate users, Kober Excavation, JR Tech Automotive, and Marrigold Trucking. JR Tech Automotive is proposing to move from this location to the new auto mall located on Carson Street this spring. The recycling center would occupy a majority of the space currently occupied by JR Tech. The recycling center business, if approved, will operate as a redemption center for a variety of metals such as aluminum, brass, copper, steel, etc. The recycling center will only collect metal at this time and the applicant is not proposing to accept materials such as plastic, newspaper, glass, cardboard, etc. The attached memo to the Planning Commission explains this request in detail. • Planning Commission Meeting At the February 28, 1995 Planning Commission meeting, the Commission approved the rezoning request, land use amendment and conditional use permit to operate a recycling center from the existing building. The Planning Commission was concerned, however, about the overall appearance of the property and stressed that the site be cleaned up. The Commission recommended a landscaped area in the northwest corner of the site be added and stressed the need for coniferous trees be placed along the north property line to screen this use from potential future highway commercial users. Landscape Plan Attached to this memo is an updated landscape plan for the subject site. The applicant and staff have agreed to a landscape plan which seems to work well for the area by providing additional green space and trees with the added benefit of screening along the Highway 10 corridor. The landscape plan will also aid in defining the existing parking lot and drives. In conjunction with the additional landscaping, a six (6) foot 100% opaque fence will be added along the north end of the existing building to the north property line. This screen will have a gate where trucks can enter and exit the site without driving around the entire building. • s:council:zc95-O1 Memo to Mayor and City Council Dick Hetland Request • Schedule of Improvements Page 3 Due to the fact that this is an existing site it is staffls opinion that some flexibility must be allowed for the implementation of the proposed improvements. Staff and the applicant have worked together to come up with a schedule of improvements agreeable to both parties. The schedule of improvements has been included as a condition of approval with the conditional use permit. Recommendation Staff concurs with the Planning Commission and recommends approval of the following: 1) A zone change from C3 (Highway Commercial) to I1 (Light Industrial) and a land use amendment from HB (Highway Business) to LI (Light Industrial) based upon the following findings: a) The times and conditions have changed since the property was zoned C-3. The NSP RDF plant was constructed in 1987 and is located adjacent to the subject property. The RDF plant has many spill over effects such as noise, odor, and large truck traffic, which may make it difficult to attract • quality consumer oriented C-3 uses to the subject site. b) An I-1 zoning designation and industrial land use would be more compatible with the adjacent zoning and land uses. 2) A conditional use permit to operate a recycling center from the existing building located at 16501 Highway 10 with the following conditions: Additional trees be planted along Highway 10 & 165th Avenue to help screen and give the building a aesthetically pleasing appearance. 2. A 6' foot, 100% opaque screening be required to screen the excavation and trucking business from Highway 10 and a landscape plan be submitted for the area north and west of the existing building showing how the site will be screened with natural vegetation. The dumpster on the rear of the property be enclosed with materials which are compatible with the existing building. 4. The general junk be removed from the site. 5. All outdoor storage remain outside of the required setbacks. s:council:zc95-O1 Memo to Mayor and City Council Page 4 Dick Hetland Request ----------------------------------------- • 6. That no outdoor storage of metals be allowed on site. 7. Conifer trees should be planted on the northwest corner of the property along Highway 10 to establish complete screening. 8. The following schedule of improvements shall be incorporated. - Completed by October 31, 1996: * Install sod * Security fence * General clean-up - Completed by October 31, 1997: * Install trees * Security gate * Define parking areas & drives • s:council:zc95-O1 • ORDINANCE 95 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C-3 (HIGHWAY COMMERCIAL) TO I-1 (LIGHT INDUSTRIAL) CASE NO.95- The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described as: See Attached Exhibit A Section 2. That this Ordinance shall take effect and be in full force from • and after the date of its publication. Passed and adopted this 20th day of March, 1995, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk • s: ordinance: re zonems. EXNtBiT ~- r~ u Tract A: The South 468,57 feet of the west 494.94 feet of the Southwest Quarter of the Southeast Quarter of Section il, Township 32, Range 26, Sherburne County, Minnesota, except that part taken for U.S. Highway #10,52 and 169, and except that part thereof described as follows: That part of the west-494..94 feet of the Southwest Quarter of the Southeast Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota, lying Easterly of a line described as beginning at :the point of inter ection of the south line of said Southwest Quarter of the Southeast Quarter with the west line of the East 140.00 feet of said West 494.94 feet of the Southwest Quarter of the Southeast Quarter; thence North 1 degree O1 minutes 45 seconds East along said 'West-line. of the East 140.0 feet of the West 494.94 feet for a distance of 225.0 feet; thence North 39 degrees, 43 minutes, 15 seconds East a distance of 223.95 feet, more or less, to intersect with and terminate said line at the-East line of he West 494.94 feet of the Southwest Quarter of the Southeast Quarter. Subject to that part taken for 165th Avenue Northwest. Also The Northwest Quarter of the Northeast Quarter of Section 14, Township 32, Range 26,Sherburne County, Minnesota, which lies Northeasterly of a line run parallel with and distant 150 feet northeasterly of Line 1 described below and northwesterly of .Line 2 described below. Line 1: Beginning at a point on the east Iine of said. Section 14, distant 25.64.8 feet south of the Northeast corner thereof; thence run northwesterly at an angle of 48 degrees 22 minutes 00 seconds from .said East section line (measured from north to west} for 1.422.3 feet; thence deflect to the :right on a 0 degree 15 minute OO second curve delta angle of degrees 42 minutes 00 seconds} for 680 feet; thence on tangent to said curve for 882 feet; thence on tangent to said curve for 882 feet; thence .deflect to the right on 0 degree 44 minute 30 second curve tdelta angle 07 degrees 25 minutes 00 seconds} for 1000 feet and there terminating. Line 2: Beginning at a point on Line 1 described above, distant 493.1 feet southeasterly of its point of termination; thence run northeasterly at right angle to said Lined to an intersection w~,th the north line of said section 14 and there terminating. .AND Tract B: That part of West 495 feet of Southwest Quarter of Southeast Quarter described as; commencing at the Southeast corner of said West 495 feet, thence West along South .line of said Southwest Quarter of Southeast Quarter 140 feet, thence North 1 degrees O1 minutes 45 seconds East for 225 feet then North 39 degrees 43 minutes 15 seconds East 223.95 feet to in ersect with East line of west 495 feet of Southwest Quarter • of the Southeast Quarter then South along said line-to point of beginning, • CITY OF ELK RIVER RESOLUTION N0.95 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HB (HIGHWAY BUSINESS) TO LI (LIGHT INDUSTRIAL) CITY OF ELK RIVER CASE NO. LUA 95-01 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on February 28, 1995, and recommended approval regarding the Comprehensive Plan amendment request for the property legally described as: See Attached Exhibit A • and, WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to change the property as described above from HB (Highway Business) to LI (Light Industrial). PASSED by the City Council of the City of Elk River this 20th day of March, 1995. Henry A Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk document/resolution:lua 95-01 -EXNfB[T A • Tract A: The South 468.5 feet of the. west 494.94 feet of .the Southwest Quarter of the Southeast Quarter of Section il, Townshipp 32, Range 26, Sherburne County, Minnesota, except that part taken for U.S. Highway #10, 52 and 169, and except that part thereof described as follows: That part of the West 494..94 feet cf the Southwest Quarter of the Southeast Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota., lying Easterly of a line described as beginning at the point of intersection of the mouth :line of said Southwest Quarter of the Southeast Quarter with the west line of the. East 140.00 feet. of said West 494.94 feet of the Southwest Quarter of the Southeast Quarter; thence North l degree O1 minutes 45 seconds East along said West line of the East 140.0 feet of the West 494.94 feet for a 3stance of 225.0 feet; thence North 39 degrees, 43 minutes, 15-seconds East a distance of 223.95 feet, more or Iese, to intersect with and terminate said .line at the East line oL"the West 494.94 feet of the Southwest Quarter of the Southeast Quarter. Subject to 't hat part taken for 165th Avenue Northwest. Also The NarLhwest Quarter of the Northeast Quarter of Section 14, Township 32, Rangge 26, Sherburne County, Minnesota,. which lies Northeasterly of a line run parallel with and distant 150 ..feet northeasterly of Line 1 described below and northwesterly of Line 2 described below.. • Line l: Beginning at a point on the .east line of said Section 14, distant 2564.6 feet south of the Northeast corner thereof; hence run northwesterly at an angle of 48 degrees 22 minutes 00 seconds from said East section line (measured from north to west) for 1422..3 feet; thence deflect to the right on a 0 degree 15 minute o'o second curve (delta angle of degrees 42 minutes 00 seconds) for 680 feet.; thence on tangent to said curve for 882 feet; thence on tangent to said curve for 862 feet; thence deflect to the right on 0 degree 44 minute 30 second cutup (delta angle 0'7 degrees 25 minutes 00 seconds) for 1000 feet and there terminating. Line 2: Beginning at a point on Line 1 described above, distant 493.1 feet southeasterly of its point of termination; thence run northeasterly at right angle to said Line 1 to an intersection with the north line of said section 14 and there terminating. AND Tract B: That part of West 495 feet of Southwest Quarter of 5outreast Quarter described as; commencing at the Southeast corner of said West 495 feet, thence West along South line of said Southwest Quarter of Southeast Quarter 140 feet, thence Noxth l degrees Ol minutes 45 seconds East for .225 feet then North 39 degrees 43 minutes 15 seconds East 223.95 feet to intersect with East-line of West 495 feet of Southwest Quarter of the Southeast Quarter then South along said line to point of beginning. LANDSCAPE PLAN CJ • w a f- c~ T • HWY 10 ,~ f ~~ •':ity of ~lk~ Rover TO: ITEMS 5.3., 5.4., 5.5. MEMORANDUM Planning Commission FROM: Gary .Schmitz, Planning Assistant DATE: February 28, 1995 SUBJECT: Rezoning, Land Use Amendment, and Conditional Use Permit Request by Dick Hetland, Public Hearing Case No. ZC 95-01, LUA 95-01, CU 95-42 Request Dick Hetland is requesting the following: 1) Rezoning a 3 acre parcel from C3 (Highway Commercial) to I1 (Light industrial. 2) Aland use amendment from HB (Highway Business) to LI (Light Industrial). 3) A conditional use permit to operate a recycling center. Location 16501 Highway 10 (the intersection of 165th Avenue and Highway 10). The building is located immediately west ofthe NSP refuse-derived fuel plant. Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business). Attachments Location map, zoning map, land use map, site plan, letter from the applicant. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission February 28, 1995 Background Page 2 Mr. Hetland is requesting a zone change, land use plan amendment and conditional use permit to facilitate a recycling center at 1650I Highway I0. The zone change involves rezoning the property from C3 (Highway Commercial) to I1 (Light Industrial). The land use amendment would change the land use. from HB (highway Business) to LI (Light I Industrial). The applicant is also requesting a conditional use permit to operate a recycling center from the existing building on this site, contingent upon the approval of the rezoning and land use plan amendment. The building located at 16501 Highway 10 consists of three separate users, Kober Excavation, JR Tech Automotive, and Marrigold Trucking. JR Tech .Automotive is proposing to move from this location to the new auto mall located on Carson Street this spring. The recycling center would occupy a majority of the space currently occupied by JR Tech. The recycling center .business, if approved, will operate as a redemption center for a variety of metals such as aluminum, brass, copper, steel, etc. The recycling center will only collect metal at this time and the applicant is not proposing to accept materials such as plastic, .newspaper, glass, cardboard, etc. . Zone Chan e/Land Use Amendment The applicant is requesting a zone change from C3 (Highway Commercial) to I1 (Light Industrial). The rationale. for the proposed change is to .allow him the ability to operate a recycling center from the existing building. Recycling centers are not allowed in the C3 zoning district as a permitted or conditional use. However, they are a conditional use in both the I1 and I2 zoning districts.. In the definition section of the existing ordinance, the process of recycling various metals best .fits under the definition of a junkyard. Staff ..:does not feel that a recycling center meets the traditional definition of a junkyard, as it may give a false .connotation of the intended use of the property. If the .Planning Commission and City Council feel it is warranted, staff would propose an ordinance amendment, giving a recycling center a separate definition and also classifying it as a conditional use in both the Il and I2 zoning districts. However, in order to process this particular request at this time, the use will need to fall under the junkyard category. As noted above, the current uses on the site include an excavation operation, auto repair shop and a trucking business. All of the uses would be better suited in sn industrial zoning designation and conform with the current permitted and conditional uses. In order to approve a rezoning or land us map amendment, one of two findings must be made: s:planning:pc: zc95-01 Memo to Planning Commission Page 3 February 28, 1995 1. Times and conditions have changed such that the rezoning is •~ warranted. 2. An error in the original zoning was made. .Staff believes the first finding has been met. The character of the area has changed significantly since the NSP RDF plant, located directly to the east of the subject site, was built in 1987.. The RDF plant is a large scale industrial user with many land use impacts on neighboring properties such as odor, heavy truck traffic, and noise. It may be difficult to attract quality C3 uses which are typically customer orientated to the subject site because of the proximity of the refuse-derived fuel plant. Light industrial users may be more compatible with the RDF facility and provide some needed highway exposure far certain industrial uses such as a recycling center. Traditionally, however, the City has zoned property fronting on Highway 10 and Highway 169 as C3 (Highway Commercial). There are exceptions to this standard for the UPA site and the BP zoning district along the West Highway 10 corridor near the County Courthouse. The Industrial zoning designation is a logical extension of the Industrial zoning of the RDF site. Therefore, .this would not be considered a spot zone. The only recycling facility in the City which staff is aware of is located at he Elk River Landfill on the extreme north end of the City limits, therefore, this type of use is sorely needed within the city limits of Elk River. The land use map indicates the subject site is guided for both HB (Highway Business) and LI {Light Industrial) land uses. It is appropriate to adjust the land use map to reflect the zoning of the entire site. The same findings for the rezoning can be used to justify the land use map amendment with. the added reason of making the land use consistent with the zoning of the property. The Steering Committee is currently reviewing the commercial and industrial zoning designation within the City limits. Although this can be considered somewhat. of a minor issue,. the Planning Commission does have the option of waiting .until the .issue is finalized. by the Steering .Committee before making a recommendation. Conditional Use Permit The applicant is proposing to operate a recycling center from the existing building at 16501 Highway 10. The applicant has included some pictures from the small facility he currently operates in Osseo. At that particular • location, there is outdoor storage of metal products, however, at the Elk River s:planning:pc: zc95-Ol Memo to Planning Commission Page 4 February 28, 1995 • location, due to the size of the building, the applicant is proposing to keep all the collected material inside the building. The applicant has, however, requested the ability. to store aluminum can trailers and roll-off containers outside to the rear of the building. (These trailers and containers are used by various groups to collect metals off-site and are then returned to the facility.) The center will have limited retail sales of equipment related to metal recycling such as can crushers, but will primarily be a facility where customers can buy and sell aluminum, copper, brass, etc. It should be noted. that this facility would not conduct any processing of the metals that are collected, other than sorting and crushing. Customers will be serviced by driving up to the .large overhead doors located on the front of the facility facing Highway 10 to unload their material. The site also has several pieces of miscellaneous debris scattered throughout the site such as wood piles, an old milk truck, old trailers, .tires, etc. If this proposal is approved staff would recommend that all the miscellaneous debris around the site be removed and that all outdoor storage remain outside the setback line. The attached site plan and associated letter explains the business operation. Landscaz~in The site consists of a large, hard-surface area around the existing building with a few strips of grass near 165th and Highway 10. With the exception of the east property line, there are very few trees located on site. Therefore, if this proposal is approved, staff would recommend additional trees be planted along .165th Avenue and Highway 10. Kober Excavating also has a significant amount of outdoor storage on the northeast corner of the subject site. It may be appropriate at this time to consider screening this area from .Highway 10 with 100°fo opaque fencing to provide this site with a better overall image. Another option rather than screening would be to landscape with grass and trees a large area to the north and west of the existing building. Staff will explain this in greater detail at the Planning Commission .meeting. Due to the fact that this is an existing site, it is difficult to retrofit all the landscaping requirements to the plan, therefore, these. improvements could be phased in over a 2-year period. Recommendation Staff recommends approval of the following: 1) A zone change from C3 (Highway Commercial) to I1 (Light Industrial) and a land use amendment from H$ {Highway Business) to LI (Light Industrial) based upon the following reasons: • s:planning:pc: zc95-01 Memo to Planning Commission Page 5 February 28, 1995 . a) The times and conditions have changed since the property was: zoned C-3. The NSP RDF plant was constructed in 1987 and is located adjacent to the subject. property. The RDF plant has many spill over effects such as noise, odor, and large truck traffic, which may make it difficult to attract quality consumer oriented C-3, uses. to the subject site. b) An I-1 zoning designation and industrial land use would be more compatible with the adjacent zoning and land uses. 2) A conditional use permit to operate a recycling center from the existing building located at 16501 Highway 10 with the following conditions: 1. Additional trees be planted along Highway 10 & 165th Avenue to help screen and- give the building a aesthetically pleasing appearance. 2. A 6' foot, 100% opaque screening be required to screen the excavation and trucking business from Highway 10 or a landscape plan be submitted for the area north and west of the existing building showing how the site will be screened with natural vegetation. 3. The dumpster on the rear of the property be enclosed with materials which are compatible with the existing building. 4. The general junk be removed from the site. 5. All outdoor storage remain outside of the required setbacks. 6. That no outdoor storage of metals be allowed on site. • s:planning:pc: zc95-01 Jan. 31, 1995 BPA RECYCLING 201 CO. RD. 81 OSSEO, MN 55369 (612) 424-2733 City of Elk River 13065 Orono Rd. Elk River, MN 55330 Attn: Planning & Zoning 441-4900 Application for Conditional Use Permit Property at 16501 W. Hwy. 10, Elk River Plot map enclosed l.) We will be taking in machinery and selling it (to the recycling industry). 2.) We will be selling can crushers to customers. 3.) We will buy and re-sell aluminum pieces and copper and brass at a savings over new. ~) We will run a Redemption Center similar to the one in Osseo where we buy aluminum cans and household aluminum etc. We will also buy aluminum & brass, copper etc. from machine shops. 5.) We will provide aluminum can trailers for customers to take and fill with aluminum cans and sell back to us. 6.) We will offer the added convenience of redemption of recyclables that people in this area just haven't been able to enjoy yet. This business will work in conjunction with haulers to keep reusable metals in our recovery/recycling system,. not as waste in landfills or nuisance material in processing and burning plant. We look forward to working together with the City of Elk River to improve our environment for the present and future generations. Sincerely, ~~~ Dick Hetland/President BPA Recycling • • ~~ ~t F ~/Wy la 0 ~ ~ ~~ LL^~ ~ a U~~ V .Q `~ ~. ~3 O Qe ~_ T S ,~ ~ ~ ~, ~L w v ~: ~! ~~. ~~ ___ ___ :~ s J fi". ~.~, G -~ I# • ~- ~ s~ A w W O rt r-1 O w5 ~;,~ ,~ ;~ ~: .r." ~_~ a* ~ ~, t' ., _d Ci N L O ~A," W a d d t 7 ~- d .~ Q1 --- N -,. 'O O 1 d O `?= .< •' • • .~.'.~ R .. ,~. , . .•. . Y' ~ ~ 1 it . .. .'. ' •..•. .'1. ', l'1'~ ~' ~ ~ry .. • E ZONING MAP 1 t , ~, oral ~ a LUA 95-01 ~, ~. ZC 95-Oi ~~ ~ C~s~ CU 95-02 .O. Box 49fl li06~ CJrono ~ar:wav • -;k Rc.,P- h tiQ S . fO i LOCATION ._, R1a ~~ •i ' '~~ GS r 1',` i• `1',+ ~::~ • ~"~ ~, , '~ ~; +~ r. i;`; -- - - - .. ~• y~_, N • ~ ~ its \' ~ ~ ~ •~ 1 , J ~ ~ ~ 1~' •1 ~'`~~ ', `,1~ _.. _._ f.i i., _ z ~ :• t ,'~ 1 1 1 i ~`\~ 1 0 - ----_-__7i._._..__._____ ~~, r i ~ ~ I ~ ', L! LaCATiON ~ ~ ~ i i 1 ' I ~ r .. °I--°- _ .___ r.. ._. ... i _....._ ~ ~ti i i I 1 I i ' ~ ; G. ~ ~ .S y~ ~ , ~~•9 c ; ~ y ~ ~ ; i ~ ~ , ~ ~ , r • ' ~ i t~ 7 1 ~~ ~~ g ~ I ~ ~ ~ ~ o/ ' ~` 7 ~ Q~ 4 i 1 I 1 I 1 I i - .. _ _ .. ~. _ ~~ i ' ~ ). i v! i { ~ i Gs .'yc ti ~'4'.y. ~Q s~ . Ciry of ~~ C~MP~E~~i~S~VE LAID CASE MAP HR CS High Density Residential Central Business P .Public HB LI Highway Business Light Industrial OS A Open Space Agricultural MI . Medium Industrial ~ MR Low Density Residential ?c, Medium Density Residential LUA 95-01 'C 95-01 CASs C u 95-0~ ~e~ P.©. Boz -90.130E Orono Par.~cway • Elk Rive,, M~ 55»0 • (61?} =:~1-74?0 T '~ Q SITE MAP LUA 95-D1 tC 95-01 Cl~ 95-Q2 ~ }~ eIy OI ~ ~a ~' y..e' SAS c ~~~ R~Ve~r P,O. Box 4Q0 • 1306 Orono -~- U i r Planning Commission Minutes February 28, 1995 Page 8 2. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME NEIGHBORHOOD DUE TO THE FACT THAT A PRECEDENT HAS BEEN ESTABLISHED IN THIS NEIGHBORHOOD FOR NON CONFORMING SETBACKS. THEREFORE, THIS PROPOSAL WOULD NOT BE OUT OF CHARACTER FOR THE NEIGHBORHOOD. 3. THE EXISTING HOME WAS CONSTRUCTED IN 1929 WHEN DIFFERENT SETBACK STANDARDS, IF ANY, APPLIED. THE APPLICANT HAD NO CONTROL OVER WHERE THE EXISTING HOME WAS LOCATED. IT IS DIFFICULT TO RETROFIT A HOME BUILT IN 1929. TO MEET THE EXISTING SETBACK STANDARDS. 4. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND IS KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. • COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Dick Hetland Reauesf for Rezoning firom C3 f Highway Commercial) to I-1 (Licht Industrial), Public''Hear7ng Case No ZC''95-01 5.4. Dick Hetland Reauesf for Cand Use Amendment for HB (Highway .Business} to LI >~ (Licht lndustriall, Publie'Hearing £ase No. LUA 95-01 ~c 5.5. Dick Hetland Reauesf for Conditional Use Permit,. CU 95-02 Staff report by Gary Schmitz. Mr. Hetland is requesting a zone change, land use plan amendment and conditional use permit to facilitate a recycling center at 16501 Highway 10. The recycling center will operate as a redemption center for a variety of metals. Three separate users are currently located at the site; Kober Excavation, JR Tech Automotive, and Marigold Trucking. JR Tech automotive will be moving to the new auto mall and Mr. Hetland would operate the space vacated JR Tech. Gary explained that the zoning ordinance does not provide a definition for a recycling center and is addressed only as recycling of metals in the junkyard definition. Staff suggests the Planning Commission and City Council consider an ordinance amendment which would define "recycling center" and add recycling centers as a conditional use in the I-1 and I-2 zoning districts. Gary explained that the zone change would be a logical extension of the 1-1 zoning. He explained that it may be difficult to attract quality C3 users with the close proximity of the NSP RDF plant. Gary noted that there would be no outside storage, but that the applicant requested the ability to store trailers near the rear of the facility which will be used off-site to collect materials. Gary Schmitz added that the land use is currently split, with part of the property being light industrial and part highway commercial. • Planning Commission Minutes Page 9 February 28, 1995 • Gary Schmitz noted that Mr. Hetland is considering purchasing the small adjacent parcel of property, the site of the former Steve's Oil, but is planning to keep it separate from the subject property. Staff recommends approval of the requests, with the conditions outlined in .the memo to the Planning Commission. Chair Kuester opened the public hearing for the land use amendment and zone change. Earl Hohlen, 39 Main Street, stated that he is aware of Mr. Hetland's recycling business in Osseo and feels Mr. Hetland does a good job. Chair Kuester closed the public hearing. Mr. Hetland commented that close to 25% of customer calls to his Osseo business come from the Elk River area, demonstrating a need for a recycling center in this area. He feels that a location on the highway is critical to the success of the proposed business. Mr. Hetland stated he is in agreement with staff's recommendations. He added that since he is buying the property with existing tenants, it may be a challenge to clean up the property. Commissioner Minton questioned the status of the other tenants. Mr. Hetland stated that Kober Excavating and the Marigold Trucking are both outside operations. Commissioner Minton questioned what could be done about the messy appearance of the operations, and also, the number of trailers Mr. Hetland plans to store in the back. Mr. Hetland stated that he plans to store 5 -6 trailers outside in the back. Commissioner expressed his concern that other businesses along Highway 10 will request the I-1 Light Industrial zoning designation. Commissioner Dillon questioned whether or not there would be additional screening along 165th Avenue. Gary Schmitz stated there is limited residential to the west. Chair Minton expressed concern that the site be buffered and screened from the C3 property to the east, possibly with evergreen trees. Gary Schmitz stated that there are some options for tree plantings in that particular area. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE AMENDMENT FROM HB (HIGHWAY BUSINESS) TO LI (LIGHT INDUSTRIAL) REQUESTED BY MR. DICK HETLAND, PUBLIC HEARING CASE NO. LUA 95-O1, CITING THE INFORMATION IN STAFF'S MEMO, THE LAND USE IS CONSISTENT WITH ADJACENT RDF PLANT PROPERTY, AND THE FOLLOWING REASONS, AS FACTS OF FINDING: 1. THE TIMES AND CONDITIONS HAVE CHANGED SINCE THE PROPERTY WAS DESIGNATED HB (HIGHWAY BUSINESS). 2. AN INDUSTRIAL LAND USE WOULD BE MORE COMPATIBLE WITH THE ADJACENT LAND USES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Planning Commission Minutes February 28, 1995 Page 10 • COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY MR. DICK HETLAND FOR A ZONE CHANGE FROM C3 (HIGHWAY COMMERCIAL) TO I1 (LIGHT INDUSTRIAL), PUBLIC HEARING CASE NO. ZC 95-O1, BASED ON THE FOLLOWING REASONS: 1. THE TIMES AND CONDITIONS HAVE CHANGED SINCE THE PROPERTY WAS ZONED C-3. THE NSP RDF PLANT WAS CONSTRUCTED IN 1987 AND IS LOCATED ADJACENT TO THE SUBJECT PROPERTY. THE RDF PLANT HAS MANY SPILLOVER EFFECTS SUCH AS NOISE, ODOR, AND LARGE TRUCK TRAFFIC WHICH MAY MAKE IF DIFFICULT TO ATTRACT QUALITY CONSUMER ORIENTED C-3 USES TO THE SUBJECT SITE. 2. AN I-1 ZONING DESIGNATION WOULD BE MORE COMPATIBLE WITH THE ADJACENT ZONING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Chair Kuester opened the public hearing for the conditional use permit request. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY MR. DICK HETLAND FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 95-02, TO OPERATE A RECYCLING CENTER FROM THE EXISTING BUILDING LOCATED AT 16501 HIGHWAY 10, BASED ON THE FACT THAT THERE WAS NO PUBLIC • OPPOSITION DURING THE PUBLIC HEARING, AND WITH THE FOLLOWING CONDITIONS: 1. ADDITIONAL TREES BE PLANTED ALONG HIGHWAY 10 & 165TH AVENUE TO HELP SCREEN AND GIVE THE BUILDING A AESTHETICALLY PLEASING APPEARANCE. 2. A 6' FOOT, 100% OPAQUE SCREENING BE REQUIRED TO SCREEN THE EXCAVATION AND TRUCKING BUSINESS FROM HIGHWAY 10 AND A LANDSCAPE PLAN BE SUBMITTED FOR THE AREA NORTH AND WEST OF THE EXISTING BUILDING SHOWING HOW THE SITE WILL BE SCREENED WITH NATURAL VEGETATION. 3. THE DUMPSTER ON THE REAR OF THE PROPERTY BE ENCLOSED WITH MATERIALS WHICH ARE COMPATIBLE WITH THE EXISTING BUILDING. 4. THE GENERAL JUNK BE REMOVED FROM THE SITE. ALL OUTDOOR STORAGE REMAIN OUTSIDE OF THE REQUIRED SETBACKS. THAT NO OUTDOOR STORAGE OF METALS BE ALLOWED ON SITE. 7. CONIFERS SHOULD BE PLANTED ON THE NORTHWEST CORNER ALONG HIGHWAY 10 TO ESTABLISH A COMPLETE SCREENING BETWEEN MR. HETLAND' PROPERTY AND THE PROPERTIES TO THE NORTHWEST. • Mr. Hetland commented that the owner of the adjacent property .may not appreciate the screening, as it would restrict highway visibility to his property. Planning Commission Minutes Page 1 1 February 28, 1995 • COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Ordinance Establishing d Moratorium... on ;Multi-Family Develot~ment Public Hearing Case No. OA 952 Staff report by Steve Ach. The Steering Committee requested the moratorium be placed on multi-family development until the Committee has concluded its work in updating the Comprehensive Plan, and the City has adopted the appropriate official controls to implement the updated plan. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT ESTABLISHING A MORATORIUM ON MULTI-FAMILY DEVELOPMENT, PUBLIC HEARING CASE NO. OA 95-02. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. ' 'Request far Extension of Conditional»Use Permit for Shoemaker, CU 92-25 Staff report by Gary Schmitz. The applicant requests a two year extension to the conditional use permit he received on February 1, 1993, which would allow him to excavate a wetland area to create an open water pond in the Royal Oaks Subdivision. The applicant is having difficulty in finding an acceptable route to get the excavating material to County Road 13. Staff feels conditions have not changed to warrant denying the request for an extension. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STEVE SHOEMAKER FOR A TWO (2) YEAR EXTENSION OF HIS CONDITIONAL USE PERMIT, CASE NO. CU 92-25, BASED ON THE FACT THE APPLICANT IS HAVING DIFFICULTY IN FINDING A ROUTE TO REMOVE THE MATERIAL., WITH THE FOLLOWING CONDITIONS: 1. THAT THE ORIGINAL FOURTEEN CONDITIONS REQUIRED WITH THE EXISTING CONDITIONAL USE PERMIT BE INCLUDED WITH THE EXTENSION. 2. AN EXCAVATION/GRADING PERMIT WITH THE CITY OF ELK RIVER BE REQUIRED PRIOR TO ANY WORK BEING CONDUCTED IN THE WETLAND AREA. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10.'' Ordinance Amendment to Section' 900.25 -Home Occupations, Public'Hec Case No'OA 95-1 Staff report by Troy Langer. Proposed amendments as follows: Section 2. E. Language was changed from "other adult oriented businesses" to • "sexually oriented land uses" and language regarding "gun repair and/or sales" was added.