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01-08-2008 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 8, 2008 Members Present: Chair Stevens, Commissioners Anderson, Austad, Lemke, Scott and Westgaard Members Absent: Commissioner Staul Staff Present: Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Chris Leeseberg, Planner; Rebecca Haug, Environmental Administrator; 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 6:32 p.m. by Chair Stevens. 2. Consider 1 /8/08 Planning Commission Agenda MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE JANUARY 8, 2008 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider 12/11/07 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE DECEMBER 11, 2007 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Anderson will attend the January 22, 2008 City Council meeting. 5.1. Request by Kevin Meland for Extension of Interim Use Permit. Public Hearing -Case No. CU 08-01 Staff report presented by Ms. Haug. Kevin Meland requests an extension on his interim use permit for mining on his property located at 22826 Elk Lake Road (Lot 2, Block 1 and Parcel B, Dunham Addition). Staff recommends denial of the request and to require that the applicant pursue a formal rezoning and licensure process. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Commissioner Westgaard stated he had concerns with the applicant being able to finish his project in a year, since it is unlikely market conditions will improve that quickly. Ms. Haug concurred that staff also did not feel the weather or market conditions would allow completion in the time frame proposed by the applicant. Commissioner Westgaard stated he felt the applicant should go through the mining perrrutting and licensing process and was not Planning Commission Minutes Pagc 2 January 8, 2008 --------------------------- in favor of extending the interim use permit. Commissioner Anderson, Chair Stevens and Commissioner Austad concurred. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND DENIAL OF THE REQUEST BY KEVIN MELAND FOR EXTENSION OF INTERIM USE PERMIT, CASE NO. CU 08-1, BASED ON THE FOLLOWING FINDING: • THE REQUEST IS NOT CONSISTENT WITH THE STANDARDS FOR AN INTERIM USE PERMIT MOTION CARRIED 6-0. 5.2. Request by Waconia Farm Supply for Conditional Use Permit for Expansion of Use to Include Truck Rentals, Public Hearing -Case No. CU 08-03 Staff report presented by Ms. Cartney. The applicant requests a conditional use permit to allow rental trucks as an additional service to their business, Elk River Farm Supply, located at 906 Highway 10. She noted that the applicant proposes two to three rental trucks to be stored on site when not in use. Staff feels that a precedent has already been established for outdoor storage in this area, so the request would not be out of character with the neighborhood. Staff recommends approval of the request with the condition that no more than four trucks/trailers be parked on the property. Commissioner Westgaard asked if the trucks would be rented for transporting their product or for general use. Ms. Cartney stated that the trucks could be used for either purpose. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Commissioner Anderson asked if staff was aware of where the Highway 10 right of way is located, and expressed concern that the trucks not be parked in the right of way. Ms. Cartney stated that the site plan submitted by the applicant does not indicate the property boundaries, but that Condition #2 states that the rentals must be parked on the applicant's property. Commissioner Westgaard stated that he would like to see the rental trucks parked on the garage side rather than along Highway 10, but otherwise did not have a problem with the request. Mike Loscheider, General Manager of Waconia Farm Supply (applicant) -stated that he would like to park one truck in front for highway exposure, but that the other two would be parked behind the shed when not in use. Ms. Cartney noted that outdoor storage is allowed as a conditional use in the C3 zoning. Commissioner Scott stated that he would not want to see the trucks used as signage for the business. Chair Stevens concurred. Commissioner Anderson stated that the site plan does not show the semi trucks and trailers currently parking on the site. He felt that since the site is relatively small, the additional trucks may create site line problems for eastbound traffic. He stated that if the business needs to expand to include additional services, they may need a larger site. Planning Commission Minutes January 8, 2008 Page 3 Commissioner Scott asked if the trucks could be considered signage. Mr. Barnhart stated that the applicant is only looking to add the rental vehicles and are not regulated as a sign. Mr. Loscheider noted that the trucks are Budget Rental trucks and do not advertise his business. He stated he would like to park one in the front so that potential customers would know the rental trucks were available. Commissioner Scott stated in light of this information, he did not have an issue. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY WACONIA FARM SUPPLY FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF USE TO INCLUDE TRUCK RENTALS, CASE NO. CU 08-03, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. NO MORE THAN 4 RENTAL TRUCKS/ TRAILERS SHALL BE PARKED ON THE PROPERTY. MOTION CARRIED 5-1. Commissioner Anderson opposed. 5.3. Request by City of Elk River for Ordinance Amendment Regarding Subdivision Approval. Public Hearing -Case No. OA 08-01 NIr. Barnhart reviewed the proposed ordinance amendment to extend the approval of preliminary plat and requirement for phasing to be completed within three years. Chair Stevens asked the ordinance was proposed and if the amendment is consistent with other communities. Mr. Barnhart explained that the City Council felt there were a significant number of requests for extensions being made and asked staff to draft the ordinance. He noted that not all other communities were polled, but two years was most common, and some were three years. Commissioner Anderson asked if there would be a financial impact to the city. Mr. Barnhart stated not generally, although there could be some impact due to construction of lift stations, etc. He stated that greatest impact would be to the developers themselves. Commissioner Westgaard stated that he did not see a problem with the existing ordinance. He stated that reason extensions are currently being requested is due to the market conditions. He did not feel the city should give up this opportunity to control the tuning of final plat. Chair Stevens concurred. Commissioner Lemke stated he disagreed, stating that if there were issues, the final plat would expire in one year. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Mr. Barnhart asked the commissioners for feedback on the portion of the amendment regarding phasing. It was the consensus of the Commission that the removal of the phasing requtrement was appropriate. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR ORDINANCE AMENDMENT Planning Commission Minutes January 8, 2008 Page 4 REGARDING SUBDIVISION APPROVAL, CASE NO. OA 08-01 AS STATED IN THE STAFF REPORT TO THE COMMISSION DATED JANUARY 8, 2007, WITH THE EXCEPTION OF THE AMENDMENT TO EXTEND FINAL PLAT APPROVAL TO TWO YEARS. MOTION CARRIED 5-1. Commissioner Lemke opposed. 5.4. Request by City of Elk River for Rezoning of Certain Property from Al (Agricultural Conservation). to R1a (Single Family Residential). Public Hearing= Case No. ZC 08-01 Staff report presented by Mr. Barnhart. He explained that the area proposed for rezoning is the second phase to be rezoned from Al to R1a. 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 WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR REZONING OF CERTAIN PROPERTY FROM Al(AGRICULTURAL CONSERVATION) TO R1A (SINGLE FAMILY RESIDENTIAL), CASE NO. ZC 08-01, CONSISTENT WITH THE COMPREHENSIVE PLAN. MOTION CARRIED 6-0. 6.1. Update on December 17, 2007 City Council Meeting Update provided by Commissioner Scott. 6.2. Chair Stevens Item Chair Stevens stated that the Aldi's sign in Elk Ridge Center appeared different from what was approved. Mr. Barnhart stated that staff questioned this also, and was informed that the sign is still under construction and will be completed in the spring. 6.3. Commissioner Anderson Item Commissioner Anderson requested that staff review the approval for the outdoor storage at the Martin Plaza site. He noted that there are corn stoves, and farm equipment being stored on the site currently. He stated that it was his recollection that only late model cars be allowed for display. He felt the site was being used improperly. Mr. Barnhart stated that staff will make an inspection. Chair Stevens also asked that the signage also be checked, since it seems that signs keep popping up in the right of way in this location. Adjournment There being no further business, MOVED BY COMMISSIONER WESTGAARD TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:15 p.m. Minutes epar b bie Huebner Tina Allard, City Clerk