Loading...
07-10-2007 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 10, 2007 Members Present: Chair Stevens, Comrissioners Anderson, Austad, Scott and Westgaard Members Absent: Commissioners Lemke and Staul Staff Present: Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Chris Leeseberg, Planner; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Connnission was called to order at 6:48 p.m. by Chair Stevens. 2. Consider 7/10/07 Planning Commission Agenda MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JULY 10, 2007 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION: ITEM 5.9. -REQUEST BY ALLIANCE MACHINE FOR ORDINANCE AMENDMENT REGARDING ACCESSORY STRUCTURES, CASE NO. OA 07-07 PUBLIC HEARING -CONTINUED FROM JUNE 12, 2007 MEETING. MOTION CARRIED 5-0. 4. Plannine Conunission Representative to Attend Ly 16, 2007 City Council Meeting Commissioner Anderson will attend the July 16, 2007 Ciry Council meeting. 5.1. Reauest by Elk River Municipal Utilities for a Conditional Use Permit for a Well House Case No. CU 07-17 -Public Hearin Mr. Barnhart stated that Elk River Municipal Utilities plans to locate a well in Outlot K of Twin Lakes Estates. He explained that no approval is required for the well, but the building to house the equipment to pump and treat the water does require a conditional use permit. Staff's goal was to have no impacts to the trees and the neighboring residents, but after careful review of the options the visual impact is unavoidable. Mr. Barnhart reviewed the proposed landscaping plan and three building design options for the Commission to consider. Staff recommends Option #1 with additional architectural elements such as increasing the roof pitch and the addition of opaque windows on the side of the building facing the housing development. Mr. Barnhart suggested that Condition #2 of staff's recommendations be removed, since the new wetland buffer restrictions do not apply to this property. Chair Stevens stated that he liked the roof design of Option #1, and the exterior of Option #2 with the mock window. Mr. Barnhart stated that staff would negotiate the final architectural details with the applicant. Planning Commission Minutes July 10, 200'] Page 2 --------------------------- Chair Stevens asked if the landscaping vegetation would eventually screen the building. Mr. Barnhart stated if the materials grow as planned, the building will be screened, but not hidden. Commissioner Anderson asked if the proposed plan would meet the new wetland buffer ordinance. Mr. Barnhart stated that the building would meet the setback but not the drive. He stated that staff will work to achieve minimal impact as necessary. Commissioner Anderson asked if curb and gutter would be installed for the driveway. Mr. Barnhart stated no, but that the Ciry Engineer would review the design for final approval. Chair Stevens opened the public hearing. Bryan Adams, General Manager -Elk River Municipal Utilities -Stated that he did not believe the project required a NPDES permit (Item #6 in the City Engineer's memo dated June 27, 2007), since these permits are not required for sites less than one acre in size, but agreed that an Storm Water Pollution Prevention Plan (SWPPP) is necessary. Mr. Adams stated that he had no issues with the design of the building and was in agreement with the rest of the conditions as written by staff. There being no further public comment, Chair Stevens closed the public hearing. Commissioner Westgaard stated that he had no issue with the request, and agreed that the building should architecturally "fit in" with the neighboring residences. Commissioner Scott asked which side of the building the doors will face. Mr. Adams stated that the doors will not be facing the residences. Commissioner Scott stated he also preferred the hip roof design of Option #1. He stated he had not preference on the wall design. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY THE ELK RIVER MUNICIPAL UTILITIES FOR A CONDITIONAL USE PERMIT FOR A WELL HOUSE, CASE NO CU 07-17, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 27, 2007 SHALL BE ADDRESSED. 2. A NPDES AND SWPPP PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 3. ADDITIONAL SUMAC AND GRASSES BE PLANTED TO INCREASE THE LANDSCAPED BUFFER BETWEEN THE DEVELOPMENT AND THE ADJACENT HOMES, TO BE APPROVED BY COMMUNITY DEVELOPMENT. 4. BUILDING SHALL MATCH OPTION 1, WITH THE FOLLOWING CHANGES: LOWER THE ROOF LINE TWO FEET INCREASE THE ROOF PITCH TO 8/12. INTRODUCE `WINDOWS' ON THE WALLS FACING THE RESIDENTIAL UNITS, TO BE APPROVED BE COMMUNITY DEVELOPMENT STAFF. MOTION CARRIED 5-0. Planning Commission Minutes July 10, 2007 Page 3 --------------------------- 5.2• Re uest b Waste Mana ement for a Conditional Use Permit for an Ex ansion to Existin Shob/Office Building Case No CU 07 18 Public Hearin Mr. Barnhart stated that Waste Management has requested a conditional use permit for a 32'x12' steel expansion to the north side of their existing shop/office building at the landfill. Also, as part of this request, the applicant has requested that they be allowed to retain the western 3,100 square feet of the red-skinned building for storage. This building would be re- sided in metal to match the gas plant and other buildings. Staff feels there are no real impacts created by these two requests and recommends approval with the six conditions stated in the staff report. Mr. Barnhart noted that the Commission may wish to consider Condition #3 which states the material is consistent with the texture of the gas plant, and that the metal siding being requested may be appropriate for the landfill site. Chair Stevens asked if would be possible to allow that the portion of the building as an interim use. He stated he does not now how long the building will be needed and is not recommending approval as an interim use, but that the applicant may be agreeable. Chair Stevens opened the public hearing. Debra Walters, representing Elk River Landfill (Waste Management), 22460 Highway 10 - Stated that they are proposing to re-skin the portion of the building to be retained with metal to match the existing buildings. She explained that the space is needed to store appliances and electronics. Ms. Walters stated that they are working on approval from the city and Sherburne County for a Household Hazardous Waste (HHW) site, which will be combined with the proposed power plant expansion. She hoped that the project would be completed in 2 - 3 years. Commissioner Stevens stated he would accept retaining the portion of the building as an interim use. He stated he had no objection to the material being requested for the expansion area, as long as it matched the existing buildings in appearance. Bryan Adams, General Manager -Elk River Municipal Utilities -Stated that the Utilities is looking at expanding the power plant and incorporating the HHW. He stated that until the project gets rolling, he felt the applicant's request makes sense and is in favor of approval of their request. There being no further public comment, Chair Stevens closed the public hearing. Mr. Barnhart suggested that if the Planning Commission chose to add a time line to the approval , he did not think this would make it an interim use permit, but he could ask for clarification from the City Attorney prior to City Council review of this item. Commissioner Westgaard stated he had no objection to allowing a portion of the building to remain, since the applicant was willing to accept an interim use for allowing the 3,100 square foot portion of the building to remain. Commissioner Anderson asked for clarification on the purpose of Condition #6, if the permit was for an interim use. Mr. Barnhart stated that this condition would address the second part of the request, which is for the addition to the existing shop/office building. Chair Stevens asked if the addition would be required to be sided in block, since the gas Planning Commission Minutes July lo, 2007 Page 4 plant is block, or if metal siding would be permitted. Mr. Barnhart stated that is the question for the Planning Commission. Commissioner Anderson stated he would be comfortable with metal siding to match the existing buildings. Mr. Barnhart suggested that the word "texture" be changed to "color" in Condition #3. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY WASTE MANAGEMENT FOR A CONDITIONAL USE PERMIT TO ALLOW AN EXPANSION TO THEIR EXISTING BUILDING AND TO RETAIN A PORTION OF THE BUILDING CONDITIONED TO BE REMOVED BY THEIR PREVIOUS CONDITIONAL USE PERMIT, CASE NO. CU 07-18, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE PLANS EXAMINER MEMO DATED JUNE 5, 2007 SHALL BE ADDRESSED. 2. THE IMPROVEMENTS SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES, INCLUDING COMMENTS FROM FIRE CHIEF DATED JUNE 5TH. 3. THE EXISTING BUILDING SHOULD BE RESIDED IN A MATERIAL COLOR CONSISTENT WITH THE GAS PLANT. 4. THE PROPOSED ADDITION SHOULD BE SIDED WITH A MATERIAL CONSISTENT WITH THE GAS PLANT. 5. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE BUILDING PERMIT. THE LETTER OF CREDIT MAY BE USED TO SECURE COMPLETION OF ALL IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO PARKING LOT, STRIPING, LANDSCAPING, ESTABLISHMENT OF DISTURBED AREAS, PAYMENT OF CITY INCURRED EXPENSES. 6. THIS APPROVAL OF THE CONDITIONAL USE PERMIT SHALL EXPIRE AFTER 2 YEARS, UNLESS THE SUBSTANTIAL COMPLETION IS SHOWN OR THE OWNER OR OWNERS AGENT HAS RECEIVED AN EXTENSION. 7. THIS APPROVAL OF THE CONDITIONAL USE PERMIT SHALL EXPIRE AFTER 2 YEARS, UNLESS THE SUBSTANTIAL COMPLETION IS SHOWN OR THE OWNER OR OWNERS AGENT HAS RECEIVED AN EXTENSION. MOTION CARRIED 5-0. 5.3. Request by Steve Bruhn (Ag r~egate Industries) for a Conditional Use Permit for Expansion to Existing Building Case No CU 07-19 -Public Hearin NIr. Barnhart explained that Aggregate Industries is requesting a conditional use permit to construct a 22'x37'x20' pole building addition to their existing plant building. He stated that the request should have no impact on surrounding properties and staff recommends approval of the request with the two conditions listed in the staff report. Chair Stevens opened the public hearing. There being no comments, Chair Stevens closed the public hearing. Planning Commission Minutes Page 5 July lo, Zoo? --------------------------- MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY AGGREGATE INDUSTRIES FOR A CONDITIONAL USE PERMIT FOR AN EXPANSION TO AN EXISTING BUILDING, CASE NO. CU 07-19, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE BUILDING OFFICIALS MEMO DATED JUNE 5, 2007 SHALL BE ADDRESSED. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. MOTION CARRIED 5-0. 5.4. Request by City of Elk River for an Amendment to the Citv of Elk River's Land Use Regulations. Section 30-1 Definitions Regarding Berms Case No OA 07 08 Public Hearing Mr. Barnhart stated that this ordinance has been drafted to address the Council's concerns regarding possible burying of large items, as well as impacts of berms on adjacent properties. He noted that berms will still be allowed but that there will be conditions on the height and slope, and berms over three fee in height will require a permit. Commissioner Austad asked what type of live vegetation will be accepted (Condition #3). Mr. Barnhart stated that a minimum would be grass to stabilize the soils. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT REGARDING BERMS, CASE NO. OA 07-08, WITH THE LANGUAGE PROPOSED IN THE STAFF REPORT TO THE COMMISSION DATED JULY 10, 2007. MOTION CARRIED 3-2. Commissioners Austad and Westgaard opposed. 5.5. Request by City of Elk River for an Amendment to the City of Elk River's Land Use Regulations Rewarding a Proposed New Section of the City's Land Use Regulations Entitled "Commercial Reserve" Case No. OA 07-01 -Public Hearin NLr. Barnhart explained that in January, 2007, the City Council authorized staff to generate an ordinance to address the preservation of land for future commercial development. He noted that no rezonings are being recommended at this time and the ordinance only establishes the district. Chair Stevens commended staff for their work on the proposed ordinance language. Commissioner Anderson asked why a setback was included in this ordinance for swimming pools. NIr. Barnhart explained that there are existing residential areas which may be included in the future district, and other districts that include single family residential include these setbacks. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Planning Commission Minutes Page 6 July 10, 2007 --------------------------- MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANC E AMENDMENT TO ESTABLISH A COMMERCIAL RESERVE TRANSITIONAL ZONE, CASE NO.OA 07-01. THE MOTION CARRIED 5-0. 5.6. Request by William Divine for a Conditional Use Permit for Snap Fitness (Landmark Plaz~ Case No. CU 07-16 -Public Hearin Mr. Leeseberg reviewed the request by Mr. Divine to locate a Snap Fitness facility in the Landmark Plaza building, including location, number of employees, parking, access and signage. He noted that the site and building was previously approved. Chair Stevens opened the public hearing. There being no public comments, Chair Stevens closed the public hearing. Pat Briggs, owner of the subject property -provided information regarding the location of the proposed Snap Fitness, as well as other businesses in the building. He noted that he is in negotiations with two restaurants to occupy the second phase. Commissioner Anderson questioned why the concrete island was constructed the way it was, since it disrupts the flow of traffic. Mr. Briggs stated that the layout was in anticipation of a restaurant, which did not materialize. He stated he hoped the next phase would be up and running in spring 2008. MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY WILLIAM DIVINE (SNAP FITNESS) FOR A CONDITIONAL USE PERMIT, CASE NO. CU 07-16, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 4. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY THE CITY'S BUILDING OFFICIAL. 5. EACH SIGN SHALL REQUIRE A PERMIT. MOTION CARRIED 5-0. 5.7. Request by Randy Thue for a Conditional Use Permit, CU 07 20 Public Hearing Ms. Cartney stated that Mr. Thue received a conditional use permit (CUP) in February 2007 for an auto detailing, auto brokerage and preventative maintenance shop at 568 Dodge Avenue Suite C. Condition #5 of his CUP limited Mr. Thue to three cars onsite as part of the auto broker business. In order to comply with State requirements for his auto brokerage license, Mr. Thue must be able to accommodate five cars on site. He is requesting that his CUP be amended to allow the five cars, and also to permit the broker cars to be stored outside overnight. In addition, Mr. Thue has requested that the hours of operation be amended from Sam-8pm to lam-9pm Monday -Saturday. Staff recommends approval of the amendments, with the exception of the outdoor storage of vehicles. Chair Stevens asked if the hours of operation was an issue in the original CUP application. Planning Commission Minutes Page 7 July 1 q Zoo? Ms. Cartney stated that there was not much discussion on hours of operation. Chair Stevens opened the public hearing. Lynn Caswell, 580 Dodge Street, represenring JLT Partnership -Stated that Mr. Thue's operation has been clean and quiet and they have had no problems with noise. He stated his business is still concerned about the potential for noise. Mr. Caswell stated he would like assurance that the cars will be kept inside when he is working on them, and that Condition #3 of the original CUP be met, regarding prohibiting major vehicle repair. There being no further public comment, Chair Stevens closed the public hearing. Mr. Barnhart noted that he had received one comment regarding a concern that the parking for this business does not spill over into the adjacent parking lot. Commissioner Scott stated he supported staff's recommendations, and thanked the applicant for doing a good job to address the adjacent property owners' concerns regarding noise. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY RANDY THUE, CASE NO. CU 07-20 WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET APP APPLICABLE FIItE CODES. 3. MAJOR VEHICLE REPAIIt IS PROHIBITED. 4. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY GARY LEIRMOE, WWTP CHIEF OPERATOR FOR PROPERTY OIL, ANTIFREEZE, AND OTHER LUBRICANT DISPOSAL. ANY MODIFICATIONS DEEMED NECESSARY SHALL BE COMPLETED PRIOR TO OPENING. 5. NO MORE THAN FIVE CARES RELATED TO THE BUSINESS CAN BE STORED ON SITE AND SHALL BE KEPT INSIDE THE SHOP OVERNIGHT. 6. OUTDOOR STORAGE OF ANY KIND IS PROHIBITED. 7. ALL SIGNAGE REQUIRES APPLICABLE SIGN PERMITS. 8. THE TENANT SHALL CONTROL NOISE BY CLOSING THE OVERHEAD DOORS WHEN WARRANTED. 9. ALL VEHICLE WORK MUST BE PERFORMED INSH)E THE BUILDING. 10. HOURS OF OPERATION SHALL BE 7AM - 9PM. MOTION CARRIED 5-0. 5.8. Reauest by City of Elk River for an Amendment to the City of Elk River's Land Use Re~.ilations. Section 30-851 Regarding Manual and Electronic Reader Board Signs and Animated Signs. Case No OA 07-09 -Public Hearing Senior Planner Sheila Cartney stated that the City Council adopted a resolution for a sign moratorium in February 2007 to address safety issues related to bright, often changing text, changeable copy, billboards turning into huge television screens, and animated and flashing signs. Staff recommended approval of the proposed language changes as outlined in the Planning Commission Minutes Page 8 July 10, 2007 --------------------------- report to the Commission dated July 16, 2007. Chair Stevens opened the public hearing. Steven Anderson, Franklin Advertising -Stated that a 30 sq. ft. sign was probably too small. Peter Masterson, Greater Minnesota Credit Union, 555 Railroad Dtive -Stated he supported the signs that are currently in the city. He stated he would like the information from a 1980 Small Business Administration study on record regarding traffic and signs. He explained that the study concludes that the types of electronic signs in question are not detrimental to safety. He stated that the study states that electronic signs in some cases reduced accidents and there were no accident claims involving electronic message signs. There being no further comments from the public, Chair Stevens closed the public hearing. Chair Stevens stated that if an applicant felt a 30 square foot sign was undersized, they would have the opportunity to apply for a conditional use permit for a larger sign. Commissioner Anderson stated that the sign moratorium was not hinged on safety only, but also the impacts on adjacent residents who have described living next to the signs as a "Las Vegas" feeling. He stated that the issue has to do with livability and a sense of community. Chair Stevens stated that the Commission was not aware there were traffic studies available and asked that Mr. Masterson forward the information to staff. Commissioner Anderson stated that he felt the biggest issue is impacts on neighboring residents. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT TO ADDRESS SIGNS AS OUTLINED IN THE STAFF REPORT TO THE COMMISSION DATED JULY 10, 2007. MOTION CARRIED 5-0. 5.9. Repuest by Alliance Machine for Ordinance Amendment Regarding Accessory Structures Case No. OA 07-07 -Public Hearin Mr. Barnhart stated that the public hearing for this request was continued to the July 10, 2007 meeting, and asked that Chair Stevens open the public hearing for comment. There were no public comments. Chair Stevens continued the public hearing to the August 14th Planning Commmission meeting. Mr. Barnhart stated that staff will provide updated information at the August 14th meeting. Other Business -None Adjournment There being no further business, MOVED BY COMMISSIONER WESTGAARD TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 9:55 p.m. Respectfully submitted, Planning Commission Minutes July 10, 2007 `ti Debbie Huebner, Recording Secretary Page 9