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02-12-2008 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 12, 2008 Members Present: Chair Stevens, Commissioners Anderson, Austad, Lemke, Scott, Staul and Westgaard Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Rebecca Haug, Environmental Administrator; 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 6:42 p.m. by Chair Stevens. 2. Consider 2/13/08 Planning Commission Agenda MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE FEBRUARY 13, 2008 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION: ITEM 6.2. -CALL SPECIAL MEETING FOR FEBRUARY 26, 2008 MOTION CARRIED 7-0. 3. Consider 1/08/07 Plannin~Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE JANUARY 8, 2008 MINUTES. MOTION CARRIED 7-0. 4. Planning Coirunission Re,~resentative to Attend City Council Meeting Chair Stevens will attend the February 19, 2008 City Council meeting. 5.1. Request by Great River Energy for Conditional Use Permit -Renewal, Public Hearing - Case No. CU 08-04 Staff report presented by Rebecca Haug. Ms. Haug explained that the permit and license for GRE must be renewed every 4 years. She noted that the changes in the license and conditional use permit agreement are minor and can be considered "housekeeping" in nature. Commissioner Stevens stated that he did not see anything in the agreement or license regarding odor. He stated that he has noticed a strong garbage odor coming from the staging area. He asked if anything can be done to control this odor. Ms. Haug stated that Planning Commission Minutes Page 2 February 13, 2008 odor is covered in the Conditional Use Permit. She stated that if odor complaints are received, GRE is required to remedy the problem. Chair Stevens opened the public hearing. There were not public comments received, so the public hearing was closed. Commissioner Anderson asked if the peaking plant was included in the renewal. Ms. Haug stated that the peaking plant was separate and that the City does not have jurisdiction over it. Commissioner Anderson asked if the city could impose landscaping requirements. Ms. Haug stated that staff is working with GRE, but they cannot force them to comply with the city's landscaping standards. Commissioner Anderson asked if the odor could be coming from the storage area. Ms. Haug stated that it may be coming from the trucks when they come into the facility. Commissioner Anderson stated that he can concerns with the visual impact of the overall operation and outside storage, since it is adjacent to the Northstar Corridor. He questioned whether or not there was something that could be done through the conditional use permit process to address the "curb appeal" of the site. Ms. Haug stated there are requirements for outside storage, and she would need to visit the site to determine if the requirements are being met. Commissioner Anderson stated that outdoor storage is visible closer to the Chamber of Commerce site. Commissioner Stevens asked if there have been complaints regarding odor. Ms. Haug stated she has not received any complaints. Commissioner Westgaard stated that he concurred with Commissioner Anderson's comments. He stated he did not have a problem with the renewal. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY GREAT RIVER ENERGY FOR RENEWAL OF THEIR CONDITIONAL USE PERMIT FOR A WASTE BURNING FACILITY, CASE NO. CU 08-04, WITH THE CONDITIONS AS STATED IN THE SOLID WASTE FACILITY LICENSE AND CONDITIONAL USE PERMIT. MOTION CARRIED 7-0. 5.2. Reduest by City of Elk River for Ordinance Amendment to Section 30-1292. I-1 District. to allow public water/wastewater treatment facilities as a Permitted Use. Case No. OA 08-02 Staff report presented by Jeremy Barnhart. Mr. Barnhart explained that the city is required to make certain improvements due to state and federal requirements. He stated that any expansion would require a conditional use permit, including those mandated by the state or federal government. The ordinance amendment would allow amunicipally-owned water/wastewater plant as a permitted use. Commissioner Scott asked if the city could build a new plant without any public input. Mr. Barnhart clarified. Commissioner Staul asked why only municipally-owned facilities would be a permitted use. Mr. Barnhart stated that the concern was that private facilities could crop up in unsuitable locations. He stated that this does not mean that the city couldn't partner with a private user in the future. Planning Commission Minutes February 13, 2008 Page 3 Chair Stevens opened the public hearing. There were no public comments and the public hearing was closed. Commissioner Austad asked if the ordinance amendment would limit citizens' input on other issues such as bonding. Mr. Barnhart clarified. MOTION BY COMMISSIOENR LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO SECTION 30-1292, I-1 DISTRICT, TO ALLOW PUBLIC WATER/WASTEWATER TREATMENT FACILITIES AS A PERMITTED USE. MOTION PASSED 7-0. 5.3. Reduest by Waconia/Elk River Farm Supply for Conditional Use Permit, Case No CU 08- 03 Staff report presented by Sheila Cartney. She reviewed the previous actions of the Planning Commission and City Council on this matter, explaining that the Council remanded this item back to the Planning Commission for comment on new information provided by the applicant, as well as public testimony heard at the Council meeting. Chair Stevens asked if the storage behind the applicant's building is allowed. Ms. Cartney explained that the applicant has an agreement with the Burlington Northern Santa Fe (BNSF) to store the items, and he is negotiating an agreement for storage of the Budget trucks. Chair Stevens stated that there is a dry? Van that moves around the site, and asked if long term storage of semi trailers on the site. Ms. Cartney stated she has not found any approval for this type of use. Chair Stevens asked what the distance was from the building to the right of way. Commissioner Anderson asked that staff display the photographs of the site. Ms. Cartney provided the photos and indicated the locations where the trucks could be stored. Mike Loscheider, applicant -Stated that he has a 25' variance from the railroad tracks from Burlington Northern, and leases the property from them. He stated that there is 18 feet from the front of the building to the edge of the right-of--way, which would be enough room for parking a smaller Budget truck. In regard to the neighboring property owner's issue, he explained that the trucks leaving the site go from public right-of--way onto a public highway, and his neighbor actually parks vehicles in the right-of--way. Commissioner Staul asked Mr. Loscheider if he would be able to park the Budget trucks on site, without the lease agreement from BNSF. Mr. Loscheider stated it would be a tight fit. Commissioner Anderson stated that he has driven by the site and seen three vans parked there. He stated that it appeared to him Mr. Loscheider would need the lease from BNSF to park the existing vans on the site. He stated that he has seen a large van (48-foot) on the site which doesn't seem to move very often. Mr. Loscheider stated that he is not sure who owned the vehicles, but they did not belong to Waconia Farm Supply. Commissioner Anderson asked if the out-building adjacent to the farm supply was on their property. Mr. Loscheider stated that he was not sure, and that the landlord owns it. Planning Commission Minutes February 13, 2008 Page 4 Commissioner Westgaard stated that he would support the original recommendation for up to four trucks, with one parked in front and any others on the leased land. He stated that he has not heard anything tonight that would change that recommendation. Chair Stevens stated that he would recommend securing a lease agreement with BNSF be a condition of approval. Mr. Barnhart stated that Mr. Loscheider has documentation that the lease has been applied for. He stated that Ms. Cartney will continue to work with the applicant in resolving any political or legal issues. Commissioner Staul stated that if the lease negotiations fail, the applicant would still need to meet the city's requirements. Commissioner Lemke suggested adding language to Condition #2 to indicate that the city would accept parking of the vehicles on directly adjacent leased property. Mr. Barnhart stated that the site allows for two vehicles and the others could be located on the lease property. Commissioner Anderson stated that he requested that the Planning Commission revisit this issue, since they did not have the same information which was presented to the City Council. He stated he has observed trucks parked in front of Martin Plaza. He did not feel that there was room on the site for four Budget trucks and a piece of towing equipment. He explained that the trucks range in size from 12-14 ft. to 24-26 ft. He stated that the feed mill was originally built to access the railroad, but this is no longer the case and goods are now moved by trucks. He stated that the operation no longer fits the site. He stated that he would like to clean up the site lines from the railroad and Highway 10. He felt the traffic situation was unsafe for the adjacent business owners as well as the general public. Commissioner Anderson questioned whether or not the site had city water and sewer. Mr. Loscheider stated it did not. Commissioner Anderson stated he feels the site has the potential for an "accident waiting to happen". Chair Stevens asked if the property is designed for this type of storage. He feels adding more trucks to the site could intensify the problems. Mr. Loscheider stated that he is withdrawing his application. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER STAUL TO ACCEPT THE VERBAL WITHDRAWAL OF THE WACONIA FARM SUPPLY REQUEST. THE MOTION CARRIED 7-0. 6. 1. Update on Vacancy Appointments Mr. Barnhart stated that the City Council will be interviewing candidates for the various boards and commissions at the March 3, 2008 meeting. Official appointments would be made on March 10th. He noted that Commissioner Anderson is seeking reappointment; however, Chair Stevens will be stepping down from the Planning Commission. Planning Commission Minutes Page 5 February 13, 2008 --------------------------- 6.2. Special Meeting Mr. Barnhart explained that staff is requesting the Planning Commission hold a special meeting on their workshop meeting date of February 26~, to review a proposal from Burger King restaurant. MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO CALL A SPECIAL MEETING OF THE PLANNING COMMISSION FOR FEBRUARY 26, 2008 AT 6:30 P.M. MOTION CARRIED 7-0. 7. Adjournment There being no further business, MOVED BY COMMISSIONER WESTGAARD TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:50 p.m. Minutes Prepared by: ~~e ;c~;~ Debbie Huebner Tina Allard, City Clerk