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HomeMy WebLinkAboutPC 01.24.19Minutes for the Planning Commission Meeting of Thursday, January 24, 2019 Chair Kleissler called the meeting to order at 7:01 p.m. PRESENT: Derr, Fry, Kleissler, Luchsinger, Mulvihill, Tjernlund. ABSENT: Arcand, Lessard. STAFF: Rachel Juba, Community Development Director Emily Weber, Community Development Assistant Approval of Minutes for the Planning Commission Meeting of January 10, 2018 Commissioner Derr made a motion, seconded by Commissioner Fry, to approve minutes for the meeting of January 10, 2018. All Ayes. Motion carried. Thommes and Thomas Land Clearing CUP Review — 5777 1651h Street North Weber provided background on the Thommes and Thomas Land Clearing CUP. The property is located west of Hwy 61 and south of 165th Street North. The City Council originally approved a CUP for the property in 1993 to allow for processing and storage of firewood, recycling of tree waste, and wood chipping. The previous CUP renewal was in June 2016 and is subject to renewal every 24 months. Staff visited the property on January 2, 2019 and determined that the applicant has been conducting the same operation on the property but the intensity of the use has declined significantly in the past years. Staff is not aware of any violations on the property and recommends approval of the CUP review. Mr. Benick came forward to address the Planning Commission and any questions they may have. Commissioner Fry asked if Mr. Benick expects the use of the property to increase again in the future and Benick stated that the use will remain at the current level. Commissioner Derr commented on the observation that Thommes and Thomas Land Clearing has been in operation for many years and continues to follow the CUP conditions. Luchsinger made motion to approve the CUP renewal for Thommes and Thomas Land Clearing for an addition 24 months. Fry seconded. All ayes. Motion carried. Kieger Enterprises CUP Review — 5885 165th Street North Juba started by giving background information on Kieger Enterprises and their CUP. The property is located west of Hwy 61 and south of 1651h Street North. The property is guided and zoned industrial. Kieger Enterprises has a CUP to operate an environmental clean-up business, garden center, and landscaping supply business for their property, which includes vehicle repair facilities, cold storage, exterior storage of vehicles and equipment, and company offices. The CUP has seventeen conditions of approval with an every four year review and renewal period. The previous renewal was in 2013. During the site inspection in October 2018, staff observed a new building on the property of which, the applicant did not apply for a CUP amendment or receive approval of a building permit for the building. Condition number 11 in the CUP states that "the number of buildings, amount of outdoor storage, and uses identified on the site plan dated February 14, 2000 and the application dated April 15, 2000, shall not be enlarged or expanded, unless a new conditional use permit is applied for and approved." Staff discussed this with the applicant and the applicant has agreed to remove the building from the property prior to June 1, 2019. If the applicant does not remove the building prior to this date, the applicant will be in violation Planning Commission January 10, 2019 Page 2 of the CUP and staff will initiate the process of revoking the CUP because of non-compliance. Staff is comfortable with the current proposal and has added it as a condition of the approval of the CUP review in the attached resolution. Staff is also not aware of any complaints or issues related to the operation of Kieger Enterprises. Staff recommends renewal of the CUP for Kieger Enterprises with the condition that the building is removed from the property prior to June 1, 2019. The CUP shall be renewed at that time and again in four years to ensure Kieger Enterprises continues to meet all city ordinances and conditions of approval. Commissioner Fry asked if the CUP will come back to the Planning Commission when the building is removed. Juba clarified that if the building if removed from the property by the agreed upon date, the CUP will not need to reviewed again by the Planning Commission, but continues on the four year renewal path. Mr Kieger addressed the Planning Commission to answer questions. Chair Kleissler asked Mr. Keiger is the condition is an acceptable action plan and if he has long term plans to obtain a building permit for an additional building. Keiger stated that he does not foresee needing an additional building and that business can continue to operate at the same rate. Commission Tjernlund addressed the staff and asked what the standard time frame for a CUP renewal is. Juba stated that there is nothing in the code that outlines that CUPS need to be reviewed, but is something that is typical in older CUPs. There is not a standard the city follows. Derr motioned to approve CUP review of Kieger Enterprises CUP with condition that the building will be removed prior to June 1, 2019. Luchsinger seconded. All ayes. Motion carried. Adiournment It was agreed upon that there is no Planning Commission meeting Thursday, February 14, 2019. Commissioner Fry made a motion, Commissioner Derr seconded, to adjourn at 7:16 pm. All Ayes. Motion carried. Respectfully Submitted, Emily Weber, Community Development Assistant