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04-14-2009 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 14, 2009 Members Present: 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 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 Scott 2. Consider 4/ 14/09 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE APRIL 14, 2009 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION: ADD ITEM 6.2. -ELECTION OF OFFICERS MOTION CARRIED 5-0. Consider March 10 2009 Planning Commission Minutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE MARCH 10, 2009 MINUTES. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend City Council Meeti Commissioner Anderson will attend the Apri120, 2009 City Council meeting. 5.1. Request bvMidwest Asphalt for Ordinance Amendment to the City of Elk River Land Use Reeulatrons Sectron 30-1835 ME Mineral Excavation OverlayDistrict to allow yard waste (composting) site Public HearrnQ ' 5.2. Request bvMidwest Asphalt for Conditional Use Permit to Amend Existing Conditional Use Permit to Allow Yard Waste Sne Business Public Hearin -Case No. CU 090-10 5.3. Request bvKarl Bekius for Conditional Use Permit for Yard Waste Site Business Public Heanng -Case No CU 09-09 Mr. Barnhart explained that staff has prepared an ordinance amendment pursuant to City Council direction, to permit yard waste site businesses in the Mineral Extraction zoning district. The Council suggested that a yard waste site business should be an interim use with a 5-year time limit. Staff reconunends a 10-year limit, or if mining ceases. Staff feels that the impacts of this type of business are consistent with mineral extraction. Mr. Barnhart stated Planning Commission Minutes April 14, 2009 Page 2 --------------------------- that the ordinance protects the adjacent residential properties. Staff recommends approval of the ordinance amendment and conditional use permit as presented. Mr. Barnhart reviewed the request by Mr. Bekius for a conditional use permit. Tae explained that the City Council feels an interim use permit is more appropriate, since mining will eventually be completed on this property. Staff recommends approval of an interim use permit. Chair Scott opened the public hearing for the ordinance amendment. 'T'here being no one to speak to this issue, Chair Scott closed the public hearing. Chair Scott opened the public hearing for the conditional use permit request by Midwest Asphalt. There being no one to speak to this issue, Chair Scott closed the public hearing. Chair Scott opened the public hearing for the conditional use permit request byKarl Bekius. There being no one to speak to this issue, Chair Scott closed the public hearing. Commissioner Anderson asked if sales to the general public would be restricted. Mr. Barnhart stated that the condition will be included in the agreement. Commissioner Anderson stated that he had no problem approved all three of the requests. Chair Scott stated that he did not see a provision to address how the property is left after the business closes. Mr. Barnhart stated that the agreement could include language to restore the properryto its original condition, or similar language. Karl Bekius, applicant - stated a letter of credit or bonding would ensure restoration. MOTION BY COMMISSIONERANDERSON, SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF ORDINANCE AMENDMENT TO PERMIT YARD WASTE SITE BUSINESES IN THE MINERAL EXTRACTION ZONING DISTRICT. MOTION CARIED 5-0. --------------- MOTION BY COMMISSIONER LEMKE, SECONDED BY COMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REQUEST BY MIDWEST ASPHALT FOR A CONDITIONAL USE PERMIT TO AMEND THEIR EXISTING PERMIT TO ALLOW A YARD WASTE SITE BUSINESS. MOTION CARRIED 5-0. --------------- MOTION BY COMMISSIONER LEMKE, SECONDED BY COMISSIONER ANDERSON TO RECOMMEND APPROVAL OF AN INTERIM USE PERMIT FOR KARL BEKIUS TO ALLOW A YARD WASTE SITE BUSINESS, AS OUTLINED IN THE AGREEMENT FOR ISSUANCE OF AN INTERIM USE PERMIT FOR YARD WASTE SITE. MOTION CARRIED 5-0. - ----------- MOTION BY LEMKE, SECONDED BY ANDERSON TO AMEND THE MOTION TO INCLUDE THE TWO CONDITIONS FROM THE DISCUSSION: 1) NO SALES TO THE GENERAL PUBLIC; 2) THE SITE IS RESTORED AT THE END OF THE USE. MOTION CARRIED 5-0. 5.4. RecTuest by Sprinter Electric for Conditional Use Permit for Scooter Sales. Public Hearing - Case No. CU 09-11 Planning Commission Minutes April 14, 2009 Page 3 Mr. Leeseberg reviewed the request by Sprinter Electric to allow scooter sales at 18850 Dodge Street. He explained the route for test drives proposed bystaff. Mr. Leeseberg stated that staff cautions against allowing display of product on the sidewalk Staff recommends approval of the request with the six conditions in the staff report, and a 7Lh condition that no test drives be allowed after 6 p.m Chair Scott opened the public hearing. There being no one to speak to this issue, Chair Scott closed the public hearing. Commissioner Ives asked if the applicant's insurance covered test drives. Steven Dobberstein, applicant -stated that it depends upon how he sets up the test drives. He asked if he would have to come back to the Planning Commission if his insurance companyproposed an ahernate route. Mr. Barnhart stated that Mr. Dobberstein should contact his insurance companypriorto the City Council meeting for a determination. Commissioner Anderson asked if anytype of vehicle available for sale could be test-driven. Mr. Dobberstein stated that licensing requirements would limit what types of vehicles could be test-driven. Conunissioner Anderson asked for clarification on the applicant's plan to display scooters outside. Mr. Dobberstein stated he did not envision displaying the larger scooters outside. He stated that most displaywill be internal. Corrunissioner Westberg stated he had a concern with displaying ATV's outside, due to the traffic circulation on the site. Commissioner Lemke stated he had concerns with test-driving on Highway 169 because of the high speeds, especially for persons not familiar with the scooter and the area. He felt that the insurance companyshould be able to make that decision, since they would not want clients to be at risk Conurussioner Anderson agreed that Highway 169 should be excluded from the test-drive route. He also had a concern with outdoor display and felt the applicant should be limited to two vehicles, at most. Mr. Leeseberg questioned where the display should be allowed. Commissioner Anderson stated he was not sure where the display should be located, but that he was open to the possibility. Commissioner Lemke stated that the scooters would block the sidewalk, whether there was one or five. Mr. Dobberstein stated he would like to have some type of outdoor display area. He stated that the sidewalk is 8 - 10 feet wide and felt that a spot could be used that would not cause problems. Chair Scott stated that ideally, the applicant should work with the property owner to provide a pad area for display. He felt the number of display vehicles is not the biggest issue, but "where" to display them, Conunissioner Westberg stated that he had no problem with a displaypad, but agreed that the sidewalk should not be blocked. He suggested using one parking space and asked if one parking space could be given up. Mr. Leeseberg stated that the site is a PUD and he was not sure of the exact number of parking stalls required without researching the PUD agreement. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE Plannuig Commssion Minutes April 14, 2009 Page 4 -------------------- REQUEST BY SPRINTER ELECTRIC TO ALLOW SCOOTER SALES, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. ALL REQUIRED LICENSES SHALL BE OBTAINED. 3. ALL EXTERIOR SIGNAGE SHALL REQUIRE A SIGN PERMIT. 4. TEST DRIVE ROUTE SHALL BE CONFINED TO AN AREA DEFINED BY SCHOOL STREET (TO THE SOUTH), HIGHWAY 169 (TO THE EAST),193an (TO THE NORTH), AND JACKSON AVENUE (TO THE WEST). THE TEST DRIVING SHALL ONLY BE ALLOWED ON THE PUBLIC STREETS THAT DEFINE THE BOUNDARY OF THE AREA, AS WELL AS ON FOLLOWING PUBLIC ROADS LOCATED WITHIN THE DEFINED AREA: FREEPORT AVENUE, 191ST AVENUE. THE TEST DRIVERS SHALL ONLY BE ALLOWED TO ACCESS THE TEST DRIVE AREA BY USING DODGE STREET SOUTH TO ELK HILLS DRIVE AND THEN WEST TO HIGHWAY 169 OR SCHOOL STREET. (EXHIBIT A) 5. THERE SHALL BE NO TEST DRIVING IN ANY RESIDENTIAL NEIGHBORHOOD. 6. THERE SHALL BE NO TEST DRIVING BETWEEN 6:00 P.M. AND 8:00 A.M. 7. NO OUTDOOR DISPLAYS SHALL BE ALLOWED. 8. THE APPLICANT SHALL HAVE APPROVAL AND INSURANCE FROM THE INSURANCE PROVIDER BEFORE TEST DRIVING SHALL BE ALLOWED. MOTION CARRIED 5-0. 5.5. Request y City of Elk River to amend the Land Use Regulations Relating to Suns. Public Hearing -Case No. OA 09-01 Mr. Leeseberg reviewed the proposed changes to the sign ordinance. Chair Scott opened the public hearing. Steve Rohlf, 18281 188 Avenue NW -explained impacts of the signage changes on the Elk River Ford complex. He stated that the business is adding a franchise to their line of products and that they are required to provide signage. He stated that the property could be divided up into a number of lots with each having their own sign. He felt that since their business is a campus setting, individual signs could be allowed for each franchise and would not create any more signage than if the parcel was divided up. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER IVES TO CONTINUE THE ORDINANCE AMENDMENT REGARDING SIGNAGE TO THE MAY 12, 2009 PLANNING COMMISSION MEETING. MOTION CARRIED 3-2. Commissioners Lemke and Westberg opposed. 6.1. A~DOint Planning Commission Representative to Administrative Hearing Board MOTION BY ANDERSON AND SECONDED BY LEMKE TO APPOINT COMMISSIONER IVES TO SERVE ON THE ADMINISTRATIVE HEARING BOARD. MOTION CARRIED 4-0. Commissioner Ives abstained. Planning Commission Minutes Page 5 April 14, 2009 --------------------------- 6.2. Elecrion of Officers It was the consensus of the Planning Commission to move the election of officers to the May 12th meeting. Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:38 p.m. Minutes prepared by Debbie Huebner. -'L. Tina Allard Ciry Clerk °~a~ Kevin Scott Chair Housing & Redevelopment Authority January 5, 2009 Page 3 GREATER MN HOUSING FUND FOR TECHNICAL ASSISTANCE FUNDS AT A COST OF UP TO $5,000. MOTION CARRIED 5-0. Mr. Gongoll noted that the application specifies an amount that can be used to cover administrative costs. Discuss HRA Goals and Projects for 2009 Ms. Deckert reviewed highlights of the 2008 goals and projects, and the proposed 2009 goals. Commissioner Toth asked if the downtown task force would be called to meet. Mr. Gongoll stated that staff will be asking the City Council for direction at their next work session on January 12. Chair Wilson suggested that a goal for 2009 could be to reconvene the Task Force. He stated that they may be able to utilize funding sources. Mr. Gongoll mentioned the proposed joint meetings of the City Council, EDA and HRA will be established to update the Strategic flan. Commissioner Toth suggested adding the 2008 goal of "Exploring Partnership Opportunities for Housing Rehabilitation Programs" be added to the 2009 goals. Commissioner Kuester asked when the city's Comprehensive Plan will be updated. Mr. Gongoll stated that usually it is done every five years. He noted that they are currently working components of the plan including the gravel mining areas, FAST Study area, and the Downtown Study. Commissioner Lieser asked if a housing study will be done in 2010. Ms. Deckert stated that a housing study would likely be more effective if it is done after the 2010 census. Commissioner Kuester stated that the census data would not be available unti12011. Commissioner Morin noted that portions map be available earlier, such as housing statistics. 8. Other Business -Commissioner Motin Item Commissioner Moon noted that LaRose's restaurant and the auto parts store are now closed, and the Ace Hardware store has been closed for some time. He suggested taking a look at this area for possible redevelopment. 9. Adjournment There being no other business, Chair Wilson adjourned the meeting. The meeting of the Elk River Housing and Redevelopment Authority adjourned at 6:05 p.m. Minutes prepared by D ~e Huebner. ~~ Tina Allard City Clerk _.._. Larry To Vice Chair, Elk River HRA