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07-11-2006 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY I I, 2006 Members Present: Chair Lemke, Commissioners Anderson, Offerman and Scott Members Absent: Commissioners Ropp, Stevens and Westgaard Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Planner; Scott Clark Clark, Community Development Director; Debbie Huebner, Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Lemke. Consider 7/11/06 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE JULY 11, 2006 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS: ADDING ITEM 6. -OTHER BUSINESS -REQUEST FOR EXTENSION OF CONDITIONAL USE PERMIT BY ABRA AUTO BODY MOTION CARRIED 4-0. 3. Consider 7/11/06 Planning Commission Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JUNE 19, 2006 MINUTES. MOTION C'.ARRIED 4-0. 4. Planning Commission Representative to Attend City Council Meeting Staff will contact Commissioner Ropp regarding his attendance at the July 17, 2006 City Council meeting. 5.1. Request by Guardian Angels Care Center for a Conditional Use Pernut for Building Expansion, Public Hearing -Case No. CU 06-16 Planning Manager Jeremy Barnhart stated that the applicant is requesting a Conditional Use Permit to construct a 28,800 square foot, single story building addition and 10,900 square foot interior renovation to the existing Guardian Angels care facility at 400 Evans Avenue. He reviewed the site layout, parking and circulation, electric service issue, landscaping, grading, drainage, and utilities, and building materials. Mr. Barnhart reviewed the conditions proposed by staff, noting that Condition #3 has been addressed. Staff recommends approval of the request. Planning Commission Minutes Page 2 July 11, 2006 --------------------------- Chair Lemke asked if there was a way for the applicant to address the storm sewer issue. Mr. Barnhart stated that there are some options that the applicant can work on with the City Engineer. Chair Lemke opened the public hearing. Mark Pederson, Administrator for the Guardian Angels Care Center -Stated that Guardian Angels has been a part of the community for over 40 years. A residential style is proposed for the addition, and will include brick, stone, and stucco compliment their existing buildings. Ms. Pederson stated that the new units will include kitchenettes, private showers, Internet service, and other amenities geared toward aging "baby boomers". He stated he was confident the issues regarding looping of the water main and storm sewer can be worked out with staff. There being no further public comment, Chair Lemke closed the public hearing. Cormissioner Anderson stated that the City has been aware the site has always been planned for a future expansion. He felt the project was consistent with what the market is looking for, and that they have done a good job in matching the exterior with the existing buildings. Commissioner Anderson stated that Guardian Angels has been a good neighbor and he supported the request. Commissioner Offerman expressed support and stated that the proposed project fits the site well and he had no other issues of concern. MOTION BY COMMISSIONER SCOTT, SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS CARE CENTER FOR A CONDITIONAL USE PERMIT, CASE NO. CU 06-16, WITH THE FOLLOWING CONDITIONS: 1. SITE PLANS DATED MAY 30, 2006 2. THE STORM SEWER ROUTING UNDER THE BUILDING BE REMOVED. 3. FIRE HYDRANTS BE PROVIDED AND A WATER MAIN BE EXTENDED TO CREATE A LOOP AROUND THE BUILDING, TO ENSURE ADEQUATE WATER FLOW AND FIRE PROTECTION TO ALL POINTS OF THE STRUCTURE. 4. THE PARKING LOT BE ADJUSTED TO INCLUDE 3 ISLANDS AS SHOWN ON ATTACHED STAFFS EXHIBIT. 5. THE LANDSCAPING PLAN BE ADJUSTED TO INCORPORATE 3 OVER- STORY TREES IN THE NEW ISLANDS. 6. A LETTER OF CREDIT IN THE AMOUNT OF 10% OF THE COST OF THE SITE IMPROVEMENTS WITH A MAXIMUM OF $50,000 SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE BUILDING PERMIT. MOTION CARRIED 4-0. 5.2. Request by William Matthews for a Conditional Use Perrtiit for Automobile Sales. Public Hearing -Case No. CU 06-11 MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER TO TABLE THE REQUEST BY WILLIAM MATTHEWS Planning Commission Minutes Page 3 July 11, 2006 --------------------------- FOR ACONDITIONAL USE PERMIT TO THE AUGUST 8, 2006 PLANNING COMMISSION MEETING, AND TO EXTEND THE 60 DAY PERIOD FOR ACTION ON THIS ITEM TO SEPTEMBER 28, 2006. MOTION CARRIED 4-0. 5.3. Request by Nature's Drv Cleaning fc~r Cnnditi Mr. Barnhart presented the request by Nature's Dry Cleaning for a conditional use permit to allow a dry cleaning establishment in the Briggs multi-tenant building approved for construction on Freeport Street. He reviewed the parking and circulation for the site. Staff recommends approval of the request with the three conditions listed in the staff report. Commissioner Scott asked how much space the dry cleaning operation would occupy. Mr. Barnhart stated that it was approximately 1,400 square feet, with 400 square feet for customer area and the remaining 1,000 for the dry cleaning operation. Chair Lemke asked if there were State guidelines for dry cleaning operations. Mr. Barnhart stated that the MPCA has pollution standards. Chair Lemke suggested that Condition #3 include disposal in a manner in accordance with all local, state and federal guidelines. Chair Lemke opened the public hearing. Mark Leidens, applicant -Explained that the process he will be using utilizes hydrocarbon and is biodegradable. He stated that it looks like water and has no odor. Mr. Leidens stated that he will be contracting with Safety Clean to dispose of the discharged product. Mr. Jim Duback, 117 West Main St. Libertyville, IL - He explained that Nature's Dry Cleaning will be using two types of cleaning processes. One will be a wet cleaning process which uses soap and water just like traditional home washing machines. The other will be a dry clean process using a hermetically sealed machine with a clay filtration system containing the hydrocarbon solvent. Mr. Duback stated that the solvent has a flashpoint of 142 degrees and contains mineral oil. Less than 18 gallons of solvent are used, compared to the older style cleaning machines with require 150 gallons. He stated that the solvent is changed every three months, leaving only about three quarts of solvent to be disposed of. Commissioner Scott asked of curbing under the machine is required, to contain the solvent in the event of a spill. Mr. Duback stated that there will be a tray under the machine which would contain the 27 gallons of solvent (150%). Commissioner Scott suggested a condition that chemicals not be stored outside at any time. Mr. Duback stated that the most the applicant would have at one time is 3 - 4 gallons. He stated that the solvent would not be stored and that when the applicant needed more, the most that would be delivered would likely be 5 gallons. Mr. Leidens stated that the filters would be disposed of by Safety Clean. He stated that even if the solvent was spilled, it is biodegradable. Commissioner Anderson asked if this was Mr. Leidens first endeavor in the dry cleaning business. Mr. Leidens stated yes, but that he has been in the fire and water restoration business for manyyears, as well as being one of four in the State of Minnesota that does methamphetamine clean-ups. Mr. Duback noted that this dry cleaning process has been approved in New York and California, which have some of the toughest requirements in the country. Chair Lemke Planning Commission Minutes Page 4 July 11, 2006 --------------------------- statedthat there are a lot of compounds that are technically biodegradable, but shouldn't necessarily be put down the sewer. Mr. Duback stated that laws regarding disposal vary from state to state and some allow the filters to be disposed of in dumpsters. He noted that the hydrocarbon cleaning solvent is not new. Commissioner Offerman stated that he would like to see the MSDS sheet on the product. Mr. Duback provided the sheet to the Commissioners. Commissioner Anderson suggested that Condition #3 be modified to include "in accordance with all local, state and federal requirements; that a 4th condition be added to state "No outside storage will be allowed", and a 5th condition that removal of filters and chemicals be handled by a licensed professional disposal company. Commissioner Scott concurred. There being no further comments, Chair Lemke closed the public hearing. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY NATURE'S DRY CLEANING FOR A CONDITIONAL USE PERMIT, CASE NO. CU 06-17, WITH THE FOLLOWING CONDITIONS: 1. NO NOISE, ODORS, OR VIBRATIONS SHALL BE EVIDENT OUTSIDE THE PROPERTY LINE. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. 3. WASTES SHALL BE DISPOSED OF IN AN ENVIRONMENTALLY RESPONSIBLE MANNER, AND APPLICABLE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 4. NO OUTSIDE STORAGE. 5. REMOVAL OF CHEMICAL/ FILTERS BE HANDLED BY A LICENSED PROFESSIONAL CONTRACTOR. MOTION CARRIED 4-0. Chair Lemke asked if outdoor storage was allowed in this zoning district. Mr. Barnhart stated that he would research his question. 5.4. Request by Crystal/Timothy Thomsen for a Zone Change to Rezone Certain Property from R3 to R4, Public Hearing -Case No. ZC 06-04 Mr. Barnhart reviewed the request by Crystal and Timothy Thomsen for a zone change to rezone certain property from R3 to R4 to permit the construction of an apartment building. Mr. Barnhart discussed the land use and zoning of surrounding properties, and explained the difference between the R3 and R4 designations. He noted that if the rezoning is approved, the land use could be amended at the time the property is platted. Mr. Barnhart reviewed comments in two letters received by staff, opposing the proposed change. These comments related to increased traffic, lack of parks, and property values. He stated that staff did not feel there would be a significant impact on traffic whether there were two units or eight units. He noted that the applicant will be paying park dedication which is used for enhancing existing parks or acquiring additional park land throughout the City. He noted that if the rezoning is approved, staff would work with the applicant to address the building type and elevations. Planning Commission Minutes Page 5 July 11, 2006 --------------------------- Commissioner Offerrnan asked for clarification on the distinction between a 4-plex and an apartment building. Ms. Barnhart explained that a building with a single entrance and a corridor to each unit is an apartment building. Chair Lemke asked why the land use is not being amended at this time, as well. Mr. Barnhart stated that due to publishing deadlines, the land use could not be heard at the same time and could be considered at the same time as the plat. Chair Lemke opened the public hearing. Tim Thomsen, 1870 Meadowvale Road, applicant -Stated that he lives adjacent to the property. He stated he was present to answer any questions the Commission may have. Corrurussioner Offerman asked if the proposed buildings would be similar to what is existing and if there would be garages. Mr. Thomsen stated that was correct. There being no further public comments, Chair Lemke closed the public hearing. Commissioner Anderson stated that this request was discussed in a workshop and the consensus was that it would be a good transition. Commissioner Offerman concurred. Commissioner Scott asked if the neighboring buildings are apartments or attached multi- family residences. Mr. Barnhart stated that he did not know if the buildings had separate entrances or interior corridors, and he would have to do further research. Comrissioner Scott suggested that this property be included in the Comprehensive Plan land use amendment. MOTION BY COMMISSIONER SCOTT, SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY CRYSTAL AND TIMOTHY THOMSEN FOR A ZONE CHANGE FROM R3 TO R4 MULTIPLE FAMILY RESIDENTIAL WITH THE FOLLOWING CONDITION: 1. THE COMPREHENSIVE PLAN BE AMENDED TO CHANGE THE GUIDANCE FOR THE PROPERTY FROM INDUSTRIAL TO RESIDENTIAL. MOTION CARRIED 4-0. 5.5. Request by City of Elk River to Amend Land Use Regulations Section 30-796 regarding~ool fences, Public Hearing -Case No. OA 06-05 Planner Chris Leeseberg reviewed the current ordinance and three options to address fences around pools. Staff recommends approval of Option C, which states no fencing to be required for any above-ground pool. Chair Lemke opened the public hearing. Molly Lusignan, Elk River resident -Read her letter to the Planning Commission which explained her concerns for safety issues with personal inflatable pools holding more than 24 inches of water. Ms. Lusignan provided a number of suggestions for revising the regulations Planning Commission Minutes Page 6 July 11, 2006 --------------------------- associatedwith above-ground pools, including free permits, requiring that the pools be inaccessible when not ui use, fences around pools with non-removable ladders or steps, electrical inspections for pumps, storage of chemicals, inspections, and fines for non- compliance. Mr. Leeseberg concurred that pool chemicals should be required to be stored out of reach of children. Commissioner Scott stated that he supported staff's recommendation, which followed the State Code. Commissioner Offerman stated that electrical permits are covered by State Statute. Commissioner Scott noted that inspections would be addressing by the permitting process. Commissioner Anderson expressed his appreciation to Ms. Lusignan for her input. He stated he also concurred with staff's recommendation for Option C with the addition of language to address storage of pool chemicals. There being no further public comment, Chair Lemke closed the public hearing. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF AN AMENDMENT TO THE LAND USE REGULATIONS SECTION 30-796 REGARDING POOL FENCES, OPTION C, WITH THE FOLLOWING ADDITIONAL LANGUAGE: C. ALL POOL RELATED CHEMICALS SHALL BE STORED INSIDE A STRUCTURE. MOTION CARRIED 4-0. 5.6. Request by City of Elk River to Amend Land Use Regulations Section 30-860 and 30-866 regarding signs, Public Hearing -Case No. OA 06-06 Planner Chris Leeseberg reviewed the proposed changes to the City's sign regulations. Commissioner Offerman asked if banner signs, such as on an apartment building advertising an apartment for rent, would require a sign permit. Mr. Leeseberg stated yes, that it would be viewed the same as a sign for a home for sale. He noted that no permit is required for real estate signs 6 square feet or less. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE CITY OF ELK RIVER'S REQUEST TO AMEND SECDTIO N30-860 AND 30-866 OF THE LAND USE REGULATIONS REGARDING SIGNS, CASE NO.OA 06-06 AS STATED IN THE STAFF REPORT TO THE COMMISSION DATED JULY 11, 2006. MOTION CARRIED 4-0. 6. Other Business 6.1. Request for Extension of Conditional Use Permit Planning Commission Minutes Page 7 July 11, 2006 --------------------------- Mr. Leeseberg stated that Livonia Properties, LLC on behalf of Abra Auto Body has requested an extension to their Conditional Use Permit, Case No. CU 40-19 which requires completion of their facility by August 16, 2006. Due to a number of issues explained in their letter dated August 10, 2006, they are requesting aone-year extension. Commissioner Anderson asked if there have been any changes in the ordinance which would affect their original Conditional Use Permit. Mr. Leeseberg stated that he would check the ordinance. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY LIVONIA PROPERTIES, LLC ON BEHALF OF ABRA AUTO BODY FOR AN EXTENSION TO THEIR CONDITIONAL USE PERMIT, CASE NO. CU 04-19 TO AUGUST 16, 2007. 6.2. Update on June 19, 2006 City Council Meeting Chair Lemke provided an update on the June 19, 2006 City Council meeting. 8. Adjournment There being no further business, Chair Lemke adjourned the meeting. The meeting of the Elk River Planning Commission adjourned at 8:20 p.m. Respe6c~tfully~s/ubmitted, i~.1Ct~o~s-cam Debbie Huebner Recording Secretary