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03-10-2009 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 10, 2009 Members Present: Vice Chair Scott, Commissioners Anderson, Ives, Lemke and Westberg Members Absent: Commissioners Austad and Staul Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Park 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 Vice Chair Scott. 2. Consider 3/10/09 Planning Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE MARCH 10, 2009 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3. Oath of Office Mr. Barnhart administered the oath of office for Commissioners Kevin Scott and Pete Lemke who were recently reappointed to the Planning Commission, and newly appointed Commissioner Troy Ives. Their terms will expire February 2 9, 2012. 4. Consider 2/10/09 Planning Commission Minutes MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE FEBRUARY 10, 2009 MINUTES. MOTION CARRIED 5-0. 5. Planning Commission Representative to Attend March 16, X009 City Council Meeting Commissioner Lemke will attend the March 16, 2009 City Council meeting. 6.1. Request by Metropolitan Gravel for Conditional Use Perniit to amend existing CUP to include truck/trailer storage at 15683 Jarvis Street Case No. CU 09-07 -Public Mr. Leeseberg stated that the business has been in operation since 1980. The property has been zoned I-1 since at least 1980. He explained that the I-1 zoning does not allow truck repair as a permitted or conditional use, but does allow outside storage accessory to a principal use. Mr. Leeseberg stated that even though the zoning does not allow bus, truck and implement storage, maintenance and repair uses, the property has been issued conditional use permits and amended conditional use pernzits for repair and outside storage as far back as 1991. The applicant is proposing storing up to 25 tractors and 30 trailers on the site. Planning Commission Minutes March 10, 2009 Page 2 Mr. Leeseberg stated that it does not appear the proposed use is consistent with the Comprehensive Plan. He renewed landscaping issues with the site, noting that additional trees need to be planted, and staff would recommend the south and west property lines have the landscaping on the outside of the fencing (see Exhibits A, B and C in the staff report to the Planning Commission dated March 10, 2009). Mr. Leeseberg asked that the Planning Commission make a recommendation to the City Council regarding whether the proposed use is an expansion of the existing business, or is an accessory use. Vice Chair Scott opened the public hearing. There being no public comment, Vice Chair Scott closed the public hearing. Commissioner Ives stated that since the applicant would be increasing the number of trucks on site five-fold, he would like to see the landscaping requirements enforced. Shawn Hohneke, representing the applicant -stated that he was willing to complete the landscaping requirements, including tree planting. He noted that several trees have died and need to be replaced. Commissioner Anderson asked how long the applicant has owned the business. Mr. Hohneke stated the business has been owned by the family since 1965, and that they also own the two lots adjacent to the site. Commissioner Anderson asked if the applicant would be comfortable with limiting the number to either 25 or 28 trucks. Mr. Hohneke stated he did not have a problem with a lesser number. Commissioner Anderson asked if they would have an problem completing the landscaping as recommended by staff. Mr. Hohneke stated that they would provide a X50,000 letter of credit to guarantee completion of the landscaping. Commissioner Westberg asked staff what was distinction between truck repair and auto repair in the I-1 and I-2 zoning districts. Mr. Barnhart provided clarification. Commissioner Westberg asked if a zone change would be necessary to make the business conforming. Mr. Barnhart stated that the Commission needs to determine if the proposed use is an expansion or an accessory use. He noted that considerations could be made to support either argument. He stated that a zone change is not the path that staff would recommend for this request. Mr. Hohneke, applicant, stated that he would like to clarify that there would not necessarily be 25 vehicles parked at one time, and may only be five at a time. Commissioner Lemke stated he would support a recommendation for approval of the request. He stated he did not feel the use was an expansion of the business and that allowing additional parking of the trucks/trailers would make it more convenient for the applicant to conduct his business. Commissioner Westberg asked if the applicant currently does truck repair. Mr. Hohneke stated yes, they currently do some repair for the vendors and for their own trucks. Commissioner Westberg stated he agreed with Commissioner Lemke that the proposed use was an accessory use. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE Planning Commission Minutes March 10, 2009 Page 3 REQUEST BY METROPOLITAN GRAVEL FOR A CONDITIONAL USE PERMIT TO AMEND THEIR EXISTING CONDITIONAL USE PERMIT TO INCLUDE TRUCK/TRAILER STORAGE AT 15683 JARVIS STREET, CASE NO. CU 09-7, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED BUILDING PERMITS. 2. A MINIMUM 20 FOOT WIDE FIRE LANE SHALL BE MAINTAINED AROUND THE PRIMARY BUILDING. 3. LANDSCAPING ON ALONG THE SOUTH AND WEST PROPERTY LINE SHALL BE ON THE OUTSIDE OF THE FENCING. 4. A LANDSCAPE PLAN, PROVIDING TREES AT A RATIO OF ONE TREE PER 40 FEET OF LOT PERIMETER SHALL BE APPROVED BY THE CITY. 5. AS A GUARANTEE THE IMPROVEMENTS ARE COMPLETED, A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE ESTABLISHED PRIOR TO THE STORAGE OF MORE THAN FIVE TRUCKS. 6. IF MORE THAN 20 TRACTOR AND/OR TRAILERS ARE DESIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 7. ALL MAINTENANCE OR BODY WORK SHALL TAKE PLACE INDOORS. 8. TRUCK TRACTORS SHALL NOT BE LEFT OUTDOORS WHILE IDLING. MOTION CARRIED 5-0. 6.2. Reduest by Shelly Liestman for Pet Grooming Salon (Scooby Dosl at 18857 Freeport Street jLot 2, Block 1 HeLg Addition), Case No. CU 09-08 -Public Hearing Mr. Leeseberg stated that the applicant proposes to occupy a 1,300 square foot retail space at 18857 Freeport Street to operate a full service dog and cat grooming business. He reviewed hours of operation, number of employees and parking. Staff recommends approval of the request with the conditions listed in the staff report. Vice Chair Scott opened the public hearing. There being no comments from the public, Vice Chair Scott closed the public hearing. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REUQEST BY SHELLY LIESTMAN FOR A PET GROOMING SALON (SCOOBY DOS) AT 18857 FREEPORT STREET, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. A SIGN PERMIT IS REQUIRED FOR ALL ALLOWED WALL AND FREESTANDING SIGNS. 3. ALL ANIMALS SHALL BE KEPT INDOORS. MOTION CARRIED 5-0. Planning Commission Minutes Page 4 March 10, 2009 6.3. a. Request Authorization to amend Zoning Ordinance 6.3. b. Request by Midwest Asphalt for Conditional Use Permit to amend existing CUP to include .composting operations at 1168 21St !venue, Case No CU 09-10 -Public Hem Mr. Barnhart explained that a request has been received for a composting business in the R- 1aMineral Excavation zoning overlay district. Staff found that this type of business is not specifically permitted or a conditional use anywhere in the city. Staff requests authorization to prepare an ordinance amendment that would allow the use as a conditional use in the Mineral Excavation overly district. He noted that staff recommends that the Planning Commission open the public hearing for the request, since it has been advertised, and continue it to the April Planning Commission. Vice Chair Scott opened the public hearing. There were no comments from the audience either for or against the request. Vice Chair Scott continued the public hearing to the April 14, 2009 Planning Commission meeting. Commissioner Anderson stated that he felt the use u~as logical and compatible with the mineral excavation overlay district uses. He noted that there can be an odor associated with the process, and so it makes sense not to locate this type of business in residential neighborhoods. Mr. Barnhart noted that staff will work with Midwest Asphalt, property owner, and Mr. Karl Bekius, who proposes to operate the composting business regarding the ordinance amendment and conditional use permit. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER IVES TO RECOMMEND PREPARATION OF AN ORDINANCE AMENDMENT THAT WOULD ALLOW, AS A CONDITIONAL USE, COMPOSTING BUSINESSES IN THE MINERAL EXCAVATION ZINING OVERLAY DISTRICT. MOTION CARRIED 5-0. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER NES TO TABLE THE REQUEST BY MIDWEST ASPHALT/KARL BEKIUS TO THE APRIL 14, 2009 PLANNING COMMISSION MEETING. MOTION CARRIED 5-0. 6.4. Request by City of Elk River to amend the City of Elk River Land Use Regulations relating to signs. including Sections 30-851-867: 30-991-995. 30-1022-1583, Case No OA 09-01 - Public Hearin Mr. Leeseberg stated that the Planning Commission is asked to review the draft sign ordinance amendment and provide comments. Mr. Barnhart explained that these changes are "step 1" in the comprehensive sign ordinance update, and are more organizational in nature. He noted that "Step 2" of the amendment will be presented at the April meeting. Vice Chair Scott opened the public hearing. There were no comments from the audience. Vice Chair Scott continued the public hearing. Commissioner Anderson stated that he agreed with the changes as proposed in the staff report. He asked where billboards are addressed. Mr. Leeseberg stated that billboards are Planning Commission Minutes March 10, 2009 Page 5 referenced as advertising signs (page 9 of 16 in the proposed amendment), and are allowed in the C3, I-1 and I-2 zoning districts. He explained that wall signs, temporary signs, house number signs, etc. will be addressed in the second part of the amendment which will be presented to the Commissioners at the April 14~ meeting. He stated that the proposed changes are staff's suggestions and they are looking for feedback and comments from the Commission. Vice Chair Scott stated that he encouraged the Corrunissioners to spend time re~~iewing signs in the city, since signage has a significant impact on businesses. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO ACCEPT THE CHANGES PROPOSED IN THE DRAFT ORDINANCE AMENDMENT AND CONTINUE THE PUBLIC HEARING FOR THE PROPOSED SIGNAGE ORDINANCE AMENDMENT TO THE APRIL 14, 2009 PLANNING COMMISSION MEETING. MOTION CARRIED 5-0. 7.1. FAST Stud= Update Mr. Barnhart noted that the complete study group will be assembled on April 16, 2009, at which time input will be pro~rided by the planning consultant, Hoisington Koegler's representatives. 72. Update on City Council Meeting Commissioner Anderson provided an update on the planning items re~riewed by the City Council at their February 17, 2009 meeting. 8. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:30 p.m. Minutes pr ared by eb ~ Huebner. Tina Allard City Clerk `/I ~ ~ Kevin Scott Vice Chair, Planning Commission