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08-08-2006 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 8, 2006 Members Present: Chair Lemke, Commissioners Anderson, Offerman, Ropp, Scott and Westgaard Members Absent: Commissioner Stevens Staff Present: Rebecca Haug, Environmental Administrator; Jeremy Barnhart, Planning Manger; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:45 p.m. by Chair Lemke. 2. Consider 8/8/06 Planning Commission Agenda MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE AUGUST 8, 2006 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. Consider 7/11/06 Planning Commission Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JULY 11, 2006 MINUTES AS CORRECTED. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend August 21, 2006 City Council Meeting Commissioner Offerman will attend the August 21, 2006 City Council meeting. 5.1. Request by Bauerly Brothers, Inc. for Conditional Use Permit for Gravel Mining Public Hearing -Case No. CU 06-20 Environmental Administrator Rebecca Haug stated that Bauerly Brothers, Inc. is requesting a conditional use permit to operate an asphalt plant and trucking operation on the Ernest Toth site for the construction of state, county, township and local roadways. She explained that the asphalt plant is portable and no permanent structures will be placed on-site. Some areas will be leveled to allow placement of the equipment. Ms. Haug stated that this site was included in the City of Elk River's 1994 Environmental Impact Statement (EIS) on Mineral Excavation. Ms. Haug reviewed staff's recommendations to address issues associated with the proposed operation including hours of operation, noise, air quality, hazardous waste, storm water, and haul roads to access the site. Staff recommends approval of the request with the conditions outlined in the draft Agreement for Issuance of Amended Conditional Use Permit No. 97-02 For Mineral Excavation, which was distributed to the Planning Commission, Planning Commission Minutes August 8, 2006 Page 2 --------------------------- Commissioner Offerman asked how many years the operation is expected to last. Ms. Haug stated that depends on how long it is needed, since the will be supplying materials for state, city, and township projects. Commissioner Offerman stated he was concerned that a conditional use permit could remain with the property, and a subsequent owner could open another asphalt plant.. He asked for clarification on an interim use permit versus a conditional use permit. Planning Manger Jeremy Barnhart explained that an interim use permit would have an end date, and that a new owner would have to meet all the terms of the original conditional use permit. Commissioner Anderson stated that he shared Commissioner Offerman's concerns, and felt that the permit should have a "sunset" date. Commissioner Anderson questioned language in the Agreement regarding use of County Road 33 to access Highway 169. Ms. Haug stated that language was included in error and would be removed. Commissioner Anderson asked if there were acceleration lanes for the trucks at 225th Avenue. Ms. Haug stated that the appropriate access, turn, and acceleration lanes were in place. She stated that she had received no comments from MnDOT regarding this request. Chair Lemke stated that he recalled past discussion regarding a possible private drive agreement with the property owner to the south. Ms. Haug stated that Elk River Bituminous is no longer in operation. Chair Lemke asked what the timeline in the 1994 EIS was for completion of the mining operation at this site. Ms. Haug stated that she would need to research his question. Chair Lemke stated he would support an interim use for this request. Commissioner Offerman stated he agreed this request should be an interim use. Chair Lemke opened the public hearing. Jeff Lawson, 22715 Baldwin St NW -Stated that the 1994 EIS states that the entire 280 acres of the Toth property would be reclaimed by 2011. He stated it was his understanding that all of the property owned by Bauerly Brothers as already been mined. Mr..Lawson stated that the asphalt plant will be directly across from his home. He asked if the City was working with Livonia Township on a plan for the 169 corridor. He noted that the Schulz property is not part of the 1994 EIS and questioned what will happen with the truck traffic when that site is mined. He expressed concern for the wetlands on the Toth property and runoff. Mr. Lawson stated that even though the mining hours are 7 am - 7 pm, he can hear the backup alarms at 5:45 am. He questioned why another asphalt plant is needed, since there are already two other plants in close proximity. Mr. Lawson stated he felt Livonia Township placed the 20-acre moratorium on development to preserve the area for future mining, and that this will force property owners to given up their land to the gravel miners at wholesale prices. He stated that muting virtually destroys all wildlife habitat. He noted that the Hohlen farms is completely torn up. Mr. Lawson stated that he heard an overpass is planned at 221~t Avenue and Highway 169. He stated that land owners are being held hostage by the "big money", and that the County is protecting the gravel for them. Mr. Lawson stated that in the original conditional use permit for the property, the applicant requested 24-hour rock crushing operations. At that time, the Zoning Administrator stated that did not have the resources to monitor all the mining, asphalt and trucking operations. Mr. Lawson stated that he has counted 31 trucks coming in and out of the site in one-half hour. He stated that there is no acceleration lane going southbound on Highway 169. He noted that the 221~t Avenue and Highway 169 intersection does have the proper lanes, but not 225th Avenue. He noted that the gravel mining should have been completed on the Planning Commission Minutes August 8, 2006 --------------------------- Page 3 Toth property in 2 - 3 years, but that will not be the case. He asked what the plan was for reclamation. He stated that after five acres were mined, reclamation should have been started. He stated that the only reclamation that has occurred on the 120 acres of the Toth property is along the fence line and no top soil is placed. He stated the property was left flat as a putting green. He asked if the landowners were going to be reimbursed for the impacts. He stated there are people who want to sell, but he did know who would want to build a home close to the noise and fumes of an asphalt plant. Mr. Lawson stated he did not find language in the 1994 EIS to allow an asphalt plant. Tom and Eileen Schulze, 11661225 Avenue -Eileen Schulze stated that she counted 30 plus truck every 15 minutes on 225~h to head both north and south on Highway 169. She stated there are no acceleration lanes, only a turn lane. She stated that often the belly dump trucks are lined up and the intersection is not side enough for two trucks, and often four trucks will be lined up waiting to get onto Highway 169. Some drivers who are waiting, will block their driveway so that they cannot get out. The trucks are dusty, loud, and use their jake brakes. She stated that trucks coming from Baldwin Township need to slow down on 225 Avenue. Ms. Shulze stated that Highway 169 is already so busy, and she questioned how the number of trucks could stay the same, if they were going to add trucks bringing recycled asphalt. She also questioned the air quality, and that the asphalt plant on 221 already smells so back she cannot sit outside in her yard because it gives her a headache. She did not feel the intersection at 225~h Avenue and Highway 169 was adequate to handle the existing truck traffic. John Quade, representing Bauerly Brothers, Inc. - Explained that State specifications change, requiring them to bring in recycled asphalt and import certain types of rock, which are combined with local materials to meet those specifications. This lowers the cost to the taxpayers and produces a good product. Given the price of oil, it is advantageous for the state, county and cities to use a local provider. He stated he did not have the data to determine the life of the plant, but that they would be open to have the use reviewed after ten years. Mr. Quade stated that it was his understanding this area was dedicated at a gravel corridor. He stated that they are looking at putting in their own plant in the future. He stated that this site is not a permanent location. He also noted that they have a NPDES permit which regulates runoff issues. Chair Lemke asked how many trucks are currently coming in and out of the site. Mr. Quade stated that it varies from day to day, from none to a large number. He noted that do not sell to retail users and the plant will only be used to service projects. He estimated there are 30 trucks some days, and only 5 or 6 other days. Chair Lemke asked if they will be hauling both gravel and asphalt on a regular basis. Mr. Quade stated there is a limit as to the amount of truck traffic the pit can handle, and they will either be shipping out gravel or hauling in materials and mixing. The material will go out as road aggregate or bituminous. Chair Lemke asked how far the trucks travel on 225 Avenue before reaching the Highway 169 intersection. Mr. Quade stated it was approximately'/a to 1/3 mile. Chair Lemke suggested that Bauerly pave that portion of 225~h Avenue to reduce dust. Mr. Quade stated that they could look at that issue, but that they currently have success using water or calcium chloride for dust control. Commissioner Westgaard asked if Bauerly expected the number of trucks to decrease or increase. Mr. Quade stated that if there is an increase, it will be slight at given times, since they can only get so many trucks in and out. Planning Commission Minutes Page 4 August 8, 2006 --------------------------- Commissioner Scott asked if Bauerly had an estimate as to when the area would be mined out. Mr. Quade stated that it would depend on the volume of gravel found, and the specifications required for the aggregate. He stated that it would be difficult to estimate, since adding other materials will extend the life of the gravel on site. Teresa Lawson, 22715 Baldwin St NW - Stated that 225 Avenue is directly across from the Elk River Landfill, so they also have all those trucks to contend with, making it almost impossible to get in and out at times. She stated that they already have to deal with the smell of the asphalt plant on 221 Avenue, their many trucks, and expanded hours. She did not understand why MnDOT did not have comments on this request. She questioned why three asphalt plants were needed, within 300 yards of each other. She felt that Elk River and Livonia Township were not "on the same page." She stated that the traffic on 225~h Avenue has increased significantly, due to new residential development residents using it to access Highway 169. She questioned what the City's plans are for the Highway 169 Corridor. Chair Lemke stated that the City's Comprehensive Plan was adopted in 1994 and includes their plan for this comdor. Jeff Lawson stated that they were told the next Highway 169 overpass would be constructed at County Road 4 in Zimmerman, and that the 221 Avenue intersection was next. Corrunissioner Offerman asked for clarification on the existing asphalt plants. Ms. Haug explained that there is one on the west side of Highway 169 north of 221 Avenue, and the one located on the east side of Highway 169 at the 209??? Avenue alignment is currently closed. Commissioner Offerman asked how long it has been closed. Ms. Haug stated she estimates approximately 2 months. Mr. Lawson stated that he felt asking Bauerly Brothers the number of trucks that would be utilizing the was a simple question; what is today's count, and how much will it increase? Commissioner Anderson stated that the Planning Commission will make their recommendation based on information that is available, and the final decision will be made by the City Council. Mr. Lawson asked what it the time frame for starting their asphalt operation. Mr. Quade stated that they would start shortly after City Council approval, since they have work to start in Sherburne County and Elk River. Joel Krupicka, 21850 Brook Road - 8 property owner of 40 acre-parcel southeast of the subject property - Stated that at some point, the zoning for properties in the area will change to 2 1/z-acre minimum lot size, and asked what will happen to this property. Mr. Barnhart stated that if the conditional use permit is approved, the conditions of approval are in place throughout time. A "grandfathered" use is allowed to continue until the use stops. If it is not a "grandfather" case, if a use ceases for a period of one year, it cannot be resumed without going through the process again. Also, if the applicant wished to expand or relocate the operation, a new application would be required. Mr. Quade stated that Bauerly plans to mine the entire site and they are not looking to change what was originally approved. Sean Ladd, 11631219 Avenue -Stated that he owns 15 acres south of the Toth property, and that he is concerned about the smell and dust from the existing operations. He stated he would also be concerned about the unpact on residential development and property values. Planning Commission Minutes Page 5 August 8, 2006 --------------------------- He stated that when the wind is from the south or north, he cannot even open his windows. He stated there is activity on the site until 9 or 10 p.m. and there are lights all over the site. Commissioner Offerman asked where the smell was coming from. Mr. Ladd stated that the smell is from the asphalt plant on 221 Avenue. He questioned who would want to buy their property with the stench of the asphalt plant so close by. He stated that the dust issue also needs to be addressed. There being no further public comment, Chair Lemke closed the public hearing. Commissioner Ropp stated that he would not be able to recommend approval of the request, since the applicant is not able to provide information regarding the number of trucks currently running at the site, future projections of the number of trucks, and how long the asphalt plant would be in operation. He felt an interim use permit of 2 - 5 years could be considered. He felt there are too many unknowns, and was concerned about allowing a 24-hour operation. Commissioner Ropp stated he felt traffic onto Highway 169 was a serious concern, and that approving the request would not be in the best interest of those who use Highway 169. Commissioner Westgaard stated that he was not in favor of the request, and had a concern that half of the property was zoned residential and half was zoned for mining. He stated that approval of this request would allow them to continue to run the asphalt plant after the mineral excavation ceased. He expressed concern for increased traffic and that proper acceleration lanes need to be looked at. He stated he would rather see the request processed as an interim use with the condition that when the mineral excavation ceases, the asphalt plant would also cease operation. He concurred with Commissioner Ropp's comments. Commissioner Offerman stated that he concurred with Commissioners Westgaard and Ropp. He stated that considerable improvements were made to Highway 169 in Livonia Township. He stated that he realized this was an amendment to an existing conditional use permit, but the request provides the City an opportunity to address issues related to the overall operation. He stated he agreed that the use should be an interim use with a sunset date of perhaps 10 years, and that if the operation ceases for one year, it would no longer be allowed. He stated he cannot support the request as presented. Commissioner Anderson stated that he felt the 221 Avenue location was more suitable since the proper acceleration lanes were in place. He stated had the same concerns as Commissioners Westgaard, Ropp and Offerman. He felt approval of the asphalt plant would take the operation from dusty and loud, to dusty, loud, and stinky. He stated he could understand the cost savings of having the plant closer to the job sites. He stated there are traffic stacking issues, intersection issues and that he would like to see input from MnDOT on this location. He felt it was obvious that the operation would add to the truck traffic. Commissioner Anderson stated that it seems like the right thing to do from a road construction standpoint, but that the issues need to be thought through. He stated that he would like to see a defined reclamation plan. Also, he stated he was not in favor of the 24- hour operation request and felt the request should be reviewed as an interim use and could not support it as is. Commissioner Scott stated that he could see that the 24-hour operation would benefit the community it some ways. He was in agreement that there are open issues and that he could support a recommendation to either table or deny the request. Planning Commission Minutes Page 6 August 8, 2006 --------------------------- Mr. Barnhart explained that the Commission had three options; deny the request, table the request, or approve as an interim use with a specific end date. Chair Lemke asked the applicant if he was open to tabling the item in order to allow time to work out the issues. Mr. Quade replied he was agreeable to tabling. Commissioner Westgaard stated he agreed an interim use was appropriate. He stated he was not opposed to locating the asphalt plant within the quarry, but that a conditional use permit would allow the to run an asphalt anywhere on the 280 acres. Since the property was part Commercial Reserve and part Rural Residential, he was more in favor of denial. Commissioner Offerman stated that he agreed the use is a necessary enterprise, but that he also had concerns that cannot be addressed tonight. He also felt the request should be reviewed as an interim use. Chair Lemke stated that it appears there are problems with the existing mining operation. He stated he was not against the asphalt plant, but felt it should be a temporary use, not permanent. He felt that even if this request is tabled or withdrawn, the issues would still remain which were expressed by the residents. He noted that regarding air quality; sometimes odor can be very annoying and complies with PCA standards. He stated the question that needs to be answered is the number of trips, not the number of trucks. He also felt the request should be considered as an interim use, and they should also look closely at the hours of operation question. MOTION BY OFFERMAN, SECONDED BY ROPP TO TABLE THE REQUEST BY BAUERLY BROTHERS, INC. FOR A CONDITIONAL USE PERMIT, CASE NO. CU 06-20, BASED ON THE FOLLOWING FINDINGS: LACK OF INFORMATION REGARDING CURRENT LEVEL OF TRUCK TRAFFIC, AND PROJECTED INCREASE IN TRAFFIC REQUEST FURTHER REVIEW BY STAFF OF ISSUES RELATED TO DUST, ODOR AND OTHER TRAFFIC CONCERNS ON 225TH AVENUE AND HIGHWAY 169 THE REQUEST SHOULD BE FURTHER REVIEWED AS AN INTERIM USE WITH A SPECIFIC EXPIRATION DATE. MOTION CARRIED 6-0. 5.2. Request Wilkes Architects to Construct Restaurant (Chipotle Mexican Restaurant) in Carson Business Park, Public Hearing -Case No. Cu 06-18 Willies Architects requests a conditional use permit to allow a 58-seat Chipotle Restaurant to be located in the southern-most tenant space of a new building being constructed in the Carson Business Park. Planning Manger Jeremy Barnhart reviewed the size, location, layout, signage, hours of operation, and parking and circulation for the proposed restaurant. Staff recommends approval of the request with the five conditions listed in the staff report. Commissioner Westgaard asked if the proposed use falls within the traffic generation guidelines previously established for the Carson Business Park. Mr. Barnhart stated yes, that up to two restaurants were anticipated for the overall project. Chair Lemke opened the public hearing. Planning Commission Minutes Page 7 August 8, 2006 --------------------------- Kayla Brenen, of McShap Law firm, representing the applicant -Stated that they plan to open in the first quarter of 2007. Chair Lemke stated that it appeared the exit from the patio area was directly into traffic. Mr. Barnhart reviewed the location of the patio exit and distance from the driving surface, stating that there was adequate separation. Chair Lemke asked who will manage the trip generation standards. Mr. Barnhart stated that the numbers are reviewed by the City Engineer and use standards developed by the ITE. He noted that staff with work with the City Engineer to ensure that the guidelines are followed for uses as they come in for approval. There being no further public comment, Chair Lemke closed the public hearing. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY WILKUS ARCHITECTS FOR A CONDTIIONAL USE PERMIT TO ALLOW A CHIPOTLE MEXICAN RESTAURANT IN THE CARSON BUSINESS PARK, CASE NO. CU 06-18, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. ALL REQUIRED LIQUOR LICENSES SHALL BE OBTAINED. 4. THE PATIO SHALL BE FENCED WITH AN EMERGENCY EXIT GATE WITH REQUIRED EXITING HARDWARE, AS REQUIRED BY CODE 5. A SIGN PERMIT SHALL BE OBTAINED PRIOR TO ANY SIGNAGE BEING INSTALLED. MOTION CARREID 6-0. 5.3. Request by Kinghorn Construction to Allow Church in R1b Zoning District (Alliance Community Church), Public Hearing -Case No. CU 06-19 Kinghorn Construction requests a Conditional Use Permit to construct a 33,000 square foot church (Alliance Community Church) at 13913 Highway 10. Mr. Barnhart noted that this property was the former RC Roll Off site. The construction will include a worship center which will seat approximately 714 people, a gymnasium, offices and classrooms, parking lot and a ballfield. He reviewed the layout of the site, elevations, building materials, parking and circulation, landscaping, and grading, drainage and utilities issues. Mr. Barnhart stated that Fire Chief' issues have been addressed regarding fire hydrants, and the watermain will be extended to the western property boundary. Staff is also recommending that that surmountable curbing be utilized on the north side of the north parking lot boundary in order to define the edge. Mr. Barnhart explained that institutional uses require a conditional use permit in residential neighborhoods to ensure there are no detrimental impacts such as traffic and lighting. Staff recommends approval of the request with the conditions listed in the staff report, including a clarification to the lighting requirements. Chair Lemke opened the public hearing. Planning Commission Minutes August 8, 2006 Page 8 Ray Kinghorn, representing Kinghorn Construction -Stated that they concur with all of staff's recommendation with the exception of the request for the public right-of-way or easement for street, utility and drainage across the property from east to west at the 186th Avenue alignment in Riverplace. The church would like to reserve that property for future use, in the event 186th Avenue is not extended. He stated that they would like to wait on this issue and that they would be willing to provide the road easement if it is required in the future. Mr. Kinghorn stated that the City could ensure that this would happen through the building permit process, in the event an expansion was proposed. Mr. Kinghorn further explained that the details of all other issues referenced in the City Engineer's memo have since been worked out with him. Mr. Kinghorn stated that the church is reluctant to grant the easement, since they are currently considering purchasing additional adjacent land to add to their campus. In the event the adjacent property is not purchased and is developed as residential, they would be willing to grant the easement. There being no further public comment, Chair Lemke closed the public hearing. Commissioner Offerman stated that he did not see the concrete edging addressed in staff's recommendations, or the City Engineer's memo. He suggested revising staff's recommendations as follows: Item 5. Lighting Plan, amend 5.a. to specify no more than 1/ foot candle rather that no light; strike 5.b., and 5.c. -strike the word "shoebox" and substitute the word "cutoff". Mr. Barnhart stated that staff would like to see the requirement for the easement remain in the conditions of approval. Commissioner Westgaard stated he supported Commissioner Offerman's suggestions and also would like the easement to be required. He stated he had no other issues with the request. Commissioner Anderson concurred with Commissioners Offerman and Westgaard. He suggested that staff's recommendation for the curbing on the north end of the north parking lot be included as Condition #6. He agreed that the right-of-way should be acquired now, since it could be difficult to obtain later. Also, a Condition #7 be added to specify the right- of-way or easement be required at this time. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY KINGHORN CONSTRUCTION ON BEHALF OF ALLIANCE CONIMUNITY CHURCH FOR A CONDITIONAL USE PERMIT, CASE NO. CU 06-19, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER DATED JULY 11, 2006, SHALL BE ADDRESSED. 2. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED AS A GUARANTEE FOR THE COMPLETION OF THE SITE IMPROVEMENTS. 3. FIRE DEPARTMENT COMMENTS SHALL BE ADDRESSED, INCLUDING EXTENDING WATER MAIN TO LOOP WITHIN THE SITE, AND ADDING A THIRD HYDRANT TO THE WEST END OF THE 185TH AVENUE WATER MAIN. Planning Commission Minutes August 8, 2006 --------------------------- Page 9 4. SOIL CORRECTION BE COMPLETED AS PER REBECCA HAUG'S MEMO DATED AUGUST 3, 2006 5. LIGHTING PLAN BE PROVIDED, INCLUDING A. LIGHTING PLAN BE PROVIDED ,INCLUDING PHOTOMETRIC PLAN BE PREPARED TO VERIFY NO MORE THAN'/z CANDLE LIGHT SPILLING AT GROUND LEVEL ONTO ADJACENT PROPERTIES B. LIGHTS BE OF A CUTOFF DESIGN AND NO MORE THAN 30 FEET ABOVE GRADE. 6. CONCRETE EDGING SHALL BE PROVIDED ON THE NORTH SIDE OF THE NORTH PARKING LOT 7. PUBLIC RIGHT-OF-WAY OR EASEMENT FOR STREET, UTUILITY AND DRAINAGE PRUPOSES ACROSS THE PROEPRTY FROM EAST TO WEST AT THE 186TH AVENUE ALIGNMENT SHALL BE PROVIDED. MOTION CARRIED 6-0. 5.4. Request by Kalway Construction on Behalf of Waste Management for a Conditional Use Permit to Construct Office/Garage Public Hearing -Case No CU 06-22 Kalway Construction, on behalf of Waste Management, requests a conditional use permit to construct a 6,400 square foot building to house office and a garage and the Elk River Landfill, 22460 Highway 169. Mr. Barnhart noted that reduced size drawing are not available for the Commission, but that staff has reviewed full-size plans. He reviewed the location, construction materials, parking, access, and landscaping issues associated with the request. Mr. Barnhart noted this building will replace a previous structure which was damaged by flooding, and that the existing red metal garage building will also be removed. He explained that the proposed building location straddles two parcels, and staff recommends the property line be adjusted or removed to correct this situation. Mr. Barnhart further reviewed the conditions recommended by staff for approval of the request. Chair Lemke opened the public hearing. There being no public comment, Chair Lemke closed the public hearing. Commissioner Anderson stated that he did not disagree the overall impact of the new building would be an improvement. He stated he would like to see the Fire Department's comments on the issue. He stated he was not in favor of recommending approval, due to lack of information and reduced size drawings. Mr. Barnhart stated that staff has reviewed the drawings and the Fire Chief had no concerns with the request. Commissioner Offerman stated that in consideration of the size of the project, he could support the request as presented by staff. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY KALWAY CONSTRUCTION ON BEHALF OF WASTE MANAGEMENT FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 6,400 SQUARE FOOT BUILDING TO HOUSE OFFICES AND A GARAGE, CASE NO. CU 06-21, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes August 8, 2006 Page 10 ------------------- 1. 5 TREES BE ADDED AT AND NEAR THE BUILDING SITE TO HELP SATISFY THE LANDSCAPING REQUIREMENTS IN A LEVEL CONSISTENT WITH THE PLANNED IMPROVEMENT. 2. THE PROPERTY LINE RUNNING THROUGH THE PROPOSED BUILDING BE ADJUSTED OR REMOVED. 3. CONCRETE PANELS MATCH IN APPEARANCE THE EXISTING GAS RECLAMATION PLANT. 4. REVISION OF SITE PLAN TO SHOW PROOF OF PARKING FOR 9 ADDITIONAL SPACES. 5. A LETTER OF CREDIT IN THE AMOUNT OF 10% OF THE COST OF THE INSTALLED IMPROVEMENTS (TREES, SIDEWALK, ETC.) NOT TO EXCEED $50,000 SHALL BE PROVIDED AS A GUARANTEE FOR THE COMPLETION OF THE SITE IMPROVEMENTS. 6. THAT STAFF REVIEW THE REQUEST FOR OTHER TYPICAL ISSUES ASSOCIATED WITH THIS TYPE OF REQUEST PRIOR TO CITY COUNCIL REVIEW, INCLUDING COMMENTS OF THE FIRE CHIEF. MOTION CARRIED 5-1. Commissioner Anderson opposed. 5.5. Request by Lefel Public Hearing LeFebvre Properties, LLP requests an interim use permit to permit the placement of a temporary office unit adjacent to their existing building at 10895 171 Avenue. Mr. Barnhart stated that the trailer would house one "permanent" office, and 2-3 additional workspaces, and would allow them 36 months to compel their space needs analysis. He reviewed issues relating to size of the unit, location, foundation requirements, landscaping and the three recommended conditions of approval proposed by staff. Mr. Barnhart stated that staff suggested limiting the time period to two years, expiring on August 31, 2008. The applicant could request an extension if necessary. Commissioner Offerman asked if the request was an interim use or a conditional use. Mr. Barnhart replied that the applicant requests an interim use. Bob Strong, representing the applicant, Paul LeFebvre - Stated he applied for an interim use permit. Mr. Barnhart stated that was correct, but that the process is the same for both, with the interim use having a "sunset" date. There being no further public comment, Chair Lemke closed the public hearing. Commissioner Westgaard asked why staff is recommending revising the term from three years to two years. Mr. Barnhart stated that there are a number of interim uses in the City and that staff felt there should be some consistency in the time limit. Commissioner Anderson asked if the applicant was agreeable to a 2-year term, rather than the requested 3 years. Mr. Bob Strong stated that they have already committed to a 3-year rental on the unit. Commissioner Anderson stated that he was in favor of the 2-year limit on the interim use. Planning Commission Minutes August 8, 2006 --------------------------- Page 11 MOTION BY COMMISSIONER ANDERSON,SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF AN INTERIM USE PERMIT FOR LEFEBVRE PROPERTIES, LLP TO ALLOW THE PLACEMENT OF A TEMPORARY OFFICE UNIT ON THEIR PROPERTY, CASE NO. CU 06-22, WITH THE FOLLOWING CONDITIONS: 1. THE CONDITIONAL USE PERMIT SHALL EXPIRE ON AUGUST 31, 2008. 2. ALL FIRE AND BUILDING CODE REQUIREMENTS SHALL BE ADDRESSED. 3. IF THE APPLICANT DESIRES THE TEMPORARY CUP TO BE EXTENDED BEYOND DATE ABOVE, THE CUP SHALL BE AMENDED BY THE PLANNING COMMISSION AND CITY COUNCIL. MOTION CARRIED 5-1. Comrriissioner Westgaard opposed. 5.6. Reouest by William Matthews for Conditional Use Permit for Automobile Sales Case No CU 06-11 MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER OFFERMAN TO ACCEPT THE REQUEST BY WILLIAM MATTHEWS TO WITHDRAW HIS REQUEST FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES, CASE NO. CU 06-11. MOTION CARRIED 6-0. 6. Other Business 6.1. Update on July 17 2006 City Council Meeting Commissioner Scott provided an update on the July 17, 2006 City Council meeting. 6.2. September Planning Commission Meeting Date MOTION BY COMMISSIONER WESTGAARD, SECONDED BY COMMISSIONER ANDERSON TO CANCEL THE SEPTEMBER 12, 2006 REGULAR PLANNING COMMISSION MEETING AND CALL A SPECIAL MEETING FOR THURSDAY, SEPTEMBER 14, 2006 AT 6:30 P.M. MOTION CARRIED 6-0. 8. Adiournment There being no further business, MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTGAARD TO ADJOURN THE MEETING. MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 9:30 p.m. Respectfully submitted, .~~~ ~. Debbie Huebner Recording Secretary