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04-08-2008 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 8, 2008 Members Present: Chair Westgaard, Commissioners Anderson, Lemke, Staul and Westberg Members Absent: Commissioners Austad and Scott Staff Present: Jeremy Barnhart, Planning Manager; Chris Leeseberg, Planner; 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 Westgaard. 2. Consider 4/08/08 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE APRIL 8, 2008 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3. Consider 3/12/08 Planning Commission Minutes MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE FEBRUARY 12, 2008 MINUTES. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend Citv Council Meeting Chair Westgaard will attend the Apri121, 2008 City Council meeting. 5.1. Request by E&O Tool & Plastics for Conditional Use Permit to Allow Outdoor Storage ITanks) Public Hearing- Case No. CU 08-07 Staff report presented by Chris Leeseberg. Mr. Leeseberg explained that Portside Addition was approved in February 2008 with two lots. E&O Tool's proposal for Lot 2 requires a Conditional Use Permit as it has outdoor storage tanks. The two above-ground storage tanks are 12 feet in diameter and 24 feet tall, which is 4 feet shorter than the shortest portion of the building. Staff recommends that a low berm and substantial landscaping be placed on the south portion of the property to help mitigate noise, light and traffic. Mr. Leeseberg discussed the building materials. He noted that staff will be working the applicant on the building design to assure that it meets the ordinance requirements. Staff recommends approval of the request with the five conditions listed in the staff report. Chair Westgaard asked with color the tanks would be. Mr. Leeseberg stated that painting the tanks the same color as the building would help screen them, and this could be added as a condition of approval. Commissioner Lemke asked if Naples Street is a public street and if the Public Works Division has any issue with removing the cul-de-sac. Mr. Leeseberg stated that the Police, Planning Commission Minutes April 8, 2008 Page 2 Fire and Street Departments have reviewed the plans and none of them had an issue with dead-ending the street and removing the cul-de-sac, since it would discourage traffic from cutting through the residential neighborhood. Chair Westgaard opened the public hearing. Brian Ertel, representing the applicant -Stated they would certainly consider matching the color of the silos to the building. He noted that there is an existing row of trees between the site and Faribault Foods, and that they will do additional screening. Mr. Ertel stated he is aware that some areas of the building design do not meet the standards, but that color changes, punch-outs, and varying parapet heights can be included to meet the design standards. There be no further public comment, Chair Westgaard closed the public hearing. Commissioner Westberg stated that it appears the tanks will be located next to the loading dock. He suggested that a post be placed to protect the tanks from being hit by trucks using the loading dock. Mr. Ertel stated he would not be opposed to installing posts to protect the tanks which will be used to store resin pellets. Chair Westgaard asked if the Environmental Division has reviewed this request. Mr. Ertel stated that the resin pellets are plastic beads which are used for plastic injection molding, and that any spillage would cause no environmental concerns. Chair Westgaard asked for clarification on Environmental Technician Nicki Blake-Bradley's memo regarding the possibility for uncovering any archeological artifacts. He asked if this should be a condition of approval. Mr. Barnhart stated that if the possibility is low, and statement is usually not included, but it can be added if the Cotntnission desires. Commissioner Staul asked if the proposed landscaping and design requirements would be adequate, if the business expanded. Mr. Leeseberg stated that the landscaping will not completely screen the building, but the varying heights and texture of the building will help to break up the aesthetics of the site. MOTION BY COMMISSIONER ANDERSON AND SECONDEDBY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY E&O TOOL & PLASTICS FOR A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE (TANKS), WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED APRIL 3, 2008 SHALL BE ADDRESSED. 2. A 3'-4' UNDULATING BERM ALONG THE SOUTHERN PROPERTY LINE SHALL BE CREATED WITH A MINIMUM 3:1 SLOPE. 3. THERE SHALL BE NO ACCESS TO THE PORTSIDE SUBDIVISION VIA NAPLES STREET. 4. STAFF SHALL APPROVE THE LANDSCAPING PLAN 5. STAFF SHALL APPROVE THE BUILDING DESIGN, CONSISTENT WITH THE DESIGN REQUIREMENTS. 6. OUTDOOR STORAGE TANKS SHALL MATCH THE BUILDING COLOR. 7. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. Planning Commission Minutes Page 3 April 8, 2008 --------------------------- FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. MOTION CARRIED 5-0. 5.2. Request by Waste Management (Elk River Landfill) for Conditional Use Permit for 1-Year Extension of CUP and License Public Hearing -Case No CU 08-06 Mr. Barnhart explained that the Elk River Landfill is requesting aone-year extension of their conditional use permit to allow them to continue operations while they pursue an expansion of the landfill to the south of their existing facility. No changes to the conditional use permit are requested at this time. Chair Westgaard opened the public hearing. Deb Walters, manager of the Elk River Landfill at 22460 Highway 169 -Stated she was present to answer any questions the Commission may have. There being no further public comment, Chair Westgaard closed the public hearing. Commissioner Staul stated that he saw no reason not to approve the request, if the landfill was currently in compliance. Mr. Barnhart stated that the city's ordinance does not have an amendment provision, so a new conditional use permit is required. He stated that staff is very comfortable with the request, since no changes are being requested. Commissioner Westberg as if was possible the landfill would reach capacity this year. Mr. Barnhart stated no. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER STAUL TO RECOMMEND APPROVAL OF THE REQUEST BY WASTE MANAGEMENT (ELK RIVER LANDFILL) FOR A CONDITIONAL USE PERPMIT FOR ONE YEAR. MOTION CARRIED 5-0. 5.3. Request by City of Elk River for Preliminary and Final Plat Approval of Gateway First Addition (Gateway Business Centerl. Public Hearing -Case No. P 08-04 Mr. Barnhart stated that the city, through its Economic Development Authority, proposes to plat 90 acres of city-owned land acquired from Cargill. The property would be platted into three outlots in preparation for industrial/commercial development, preserving the necessary road right-of--way, and identifying any potential title issues that could delay formal development. He noted that no streets or public improvements are proposed to be constructed at this time. Commissioner Lemke asked if the lots can be further split in the future. Mr. Barnhart stated that the outlots can be split or combined with adjacent properties, if necessary. Chair Westgaard opened the public hearing. Larry Morrell, 841 Line Avenue -asked for clarification on the road alignment. Mr. Barnhart stated that proposed road aligns with Ulysses and that the thought is to connect 165~h and 171ie Avenues, depending on the development of the plat. Mr. Morrell asked if the Planning Commission Minutes April 8, 2008 Pal;c 4 property is for sale. Mr. Barnhart stated yes. Mr. Morrell stated that he recalled something published in the Star News some time ago, which quoted Cargill as saying their property would never be developed. Mr. Barnhart stated that the city now owns the 90 acres and they can develop with the only stipulation being that it cannot be developed as residential, per the agreement between Cargill and the city. There being no further public comment, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR PRELIMINARY PLAT APPROVAL OF GATEWAY BUSINESS CENTER. MOTION CARRIED 5-0. 6. Other Business -None Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:15 p.m. Minutes Prepared by: Debbie ebner Tina Allard, City Clerk