Planning Commission Minutes 05-14-1990 (Special Meeting)
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MINUTES
SPECIAL MEETING - MONTICELLO PLANNING COMMISSION
Monday, May 14, 1990 - 5:30 p.m.
Members Present:
Dan McConnon, Mori Malone, Richard Martie,
Cindy Lemm, Richard Carlson
Members Absent:
None
1. The meeting was called to order by Chairperson Dan McConnon at
5:30 p.m.
2. Continued Public Hearinq - A conditional use request to allow
retail/commercial activities as listed in Chapter 12,
Section 2, B-2 (limited business district) of this ordinance
in a PZM zone (performance zone mixed). Applicant, JKMV
Partnership/21st century Builders.
Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members and the public JKMV Partnership/21st
century Builders conditional use request to allow
retail/commercial activities in a PZM (performance zone mixed)
zone. He outlined the six proposed conditions that would be
attached to this conditional use permit if it was approved.
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Chairperson, Dan McConnon, then opened the public hearing.
Mr. Russ Rosa, consulting engineer for JKMV Partnership,
explained to Planning Commission members that the entrance or
exit to the complex on the south side of their property could
be re-aligned to be in alignment with East 6th street.
Mr. Rosa also explained that the northerly entrance/exit could
also be redesigned to be within 40 feet of a public right-of-
way. Mr. Rosa said he would discuss it with the JKMV
partnership and get back to them if they would like to proceed
with the variance process.
Ms. Tina Reinert, Admired Properties, expressed the following
concerns as a property manager for the Hillside I and the
Hillside II apartment complexes:
1.
The south entrance to the property should be lined
up so it is in line with the East 6th Street
intersection.
2.
She expressed concerns regarding the landscaping,
especially the retaining wall, and how it was to be
treated on the north side of her property, which
would be the south side of the developer's
property.
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She questioned the type of fencing that was
proposed to be put in on the south side of their
property, which would be on the north side of her
property.
There being no further input from the public, Chairperson Dan
McConnon then closed the hearing.
With no further comments from the Planning Commission members,
a motion was made by Richard Martie and seconded by Cindy Lemm
to approve the conditional use request to allow retail/
commercial activities as listed in Chapter 12, Section 2, B-2
(limited business district) of this ordinance in a PZM
(performance zone mixed) zone with the following six
conditions:
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2.
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1. Development of the final landscaping and berming
plan must create an effective transition between
commercial and residential properties as determined
by the City Planner. A bond in the amount of 100%
of the cost to install berming and landscaping
shall be provided to the City prior to issuance of
a building permit.
Development of a retaining wall shall be
accompanied by installation of a safety fence for
the purpose of eliminating access to the edge of
the retaining wall. The fence shall be made of
weather resistant material and shall be at least
six feet high.
3. Prior to issuance of the building permit, drainage
and retaining wall contruction plans shall be
approved by the City Engineer.
4. The southerly most access onto Cedar Street shall
be aligned with West 6th Street.
5. The northerly most access onto Cedar Street shall
be moved 40 feet to the south or eliminated.
6 .
A document identifying the approximate location of
the demolition or unknown material on the 5th
Street right-of-way and designating the property
owner as the party responsible for removal of
debris and restoration shall be recorded against
the property. This will require someone in the
future to be responsible when and if problems
develop.
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Concerning condition #5, the Planning Commission stated that
if they would like to be within 40 feet of this intersection,
they would look at a possible variance request on this. The
variance request shall go through the proper public hearing
channels for its due process. The motion carried unanimously.
3. Consideration of adoptinq an ordinance amendment which would
allow operation of a prototype furnace usinq rubber products
as fuel in an I-I (liqht industrial) zone. Applicant, Ray
Schmidt.
Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members and the public Mr. Schmidt's request for an
ordinance amendment which would allow operation of a prototype
furnace using rubber products as fuel in an 1-1 (light
industrial) zone.
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Chairperson Dan McConnon opened the hearing for input from the
public. Mr. Ray schmidt, Universal Equipment Manufacturing
company, explained his proposed use of the former Larson
Manufacturing building for the manufacturing of equipment that
would remove tires from their rims and cut them into
proportionate pieces and even cut them down into sizes of
approximately one inch in diameter. He also explained that he
would like to be allowed to test his prototype furnace, which
he has had in testing for approximately the last three years.
Mr. Schmidt explained that the process burns at approximately
3,000+ degrees, with the start of the furnace unit for 30
seconds every 30 minutes. Basically, the residue which is
left once the rubber is burned off is the melted fibers of the
steel lining on the radial tires. There being no further
input from the public, Chairperson Dan McConnon closed the
public hearing.
Planning Commission members voiced some concerns about the
emissions of the smoke into the atmosphere and about how that
would affect the surrounding properties and the city as a
whole.
With no further input from the Planning Commission, a motion
was made by Richard Martie, seconded by Cindy Lemm, to approve
the ordinance amendment which would allow operation of a
prototype furnace using rubber products as a fuel in an I-I
(light industrial) zone. Voting in favor: Dan McConnon,
Richard Martie, Richard carlson, Cindy Lemm. Opposed: Mori
Malone.
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The Planning Commission members felt that the seven conditions
should not be added to the proposed ordinance amendment but
that they should be added to the conditional use for this
item.
4. Consideration of a conditional use permit which would allow
operation of a prototype rubber burninq furnace incidental to
a principal use in an I-I (liqht industrial) zone. Applicant,
Ray Schmidt.
Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members and to the public Mr. Schmidt's conditional
use request to allow operation of a prototype rubber burning
furnace incidental to a principal use in an I-I (light
industrial) zone. Jeff O'Neill explained the proposed
condi tions that would be attached to the conditional use
permit.
Chairperson Dan McConnon then opened the hearing for comments
from the public. Mr. Ray Schmidt explained that he was
opposed to the September 1, 1990, completion of emissions
testing under condition #3. Mr. Schmidt indicated that with
the moving of his business to Monticello, it would take some
time and he probably would be unable to meet that date. He
asked for some consideration to work with City staff on the
completion of condition #3. He also explained to Planning
Commission members that he was concerned with condition #7
determining the ash or the waste material from his furnace a
hazardous waste. The remaining ash or substance that is left
is all melted metal which can be sold to be recycled into new
metal.
There was no further comment from the public, Chairperson Dan
McConnon opened the meeting for input from the Planning
Commission members.
With no further input from the Planning Commission members, a
motion was made by Richard Martie, seconded by Richard
Carlson, to approve the conditional use permit to allow
operation of a prototype rubber burning furnace incidental to
a principal use as a conditional use in an I-I (light
industrial) zone with the following conditions:
1.
The furnace must meet all existing or future air
emission standards as established by the Federal or
State Pollution Control Agencies.
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2.
Stack height must be high enough to eliminate
potential of stack gases being trapped at ground
level by the effect of wind flow around buildings.
3 .
Before 9/1/90, furnace owner shall complete all
emission testing of non-prototype furnace and will
apply for an air emissions permit from the PCA even
if exempt from PCA regulations. Furnace design
must meet or exceed proportional requirements for a
one million BTU furnace as required by the PCA.
Failure of emission test during prototype
development or failure to obtain permission to sell
this product in Minnesota shall terminate
conditional use permit. Timing and testing should
be worked out with the City staff and a time
recommended for completion by the City staff.
4.
Regular use of the furnace shall not be limited to
the heating season. Non-heating season use of the
system shall be limited to testing and
demonstration. Furnace shall not be operated for
the sole purpose of reducing waste tires.
5 .
A 6-foot, 90% opaque fence shall be used to screen
waste tire storage areas. No waste tires shall be
in plain view. The site shall not contain more
than 75 unprocessed tires at anyone time. The
site may not be used as a tire transfer station.
6. Complaints made by area property owners about the
furnace emissions may be sufficient cause for the
City to withdraw the conditional use permit and
therefore all furnace operation.
7. Waste ash and particulate recovered shall be
treated as waste and shall be disposed in a manner
approved by the City of Monticello and the
Pollution control Agency.
Approval was based on the finding that the operation of
the furnace is A) consistent with the geography and
character of an I-I and 1-2 zone; B) the operation of
the furnace will not tend to depreciate the land values
in the area; and C) the need for such use has been
sufficiently demonstrated. Voting in favor: Dan
McConnon, Richard Martie, Richard Carlson, Cindy Lemm.
Opposing: Mori Malone.
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5.
Motion was made by Cindy Lemm, seconded by Mori Malone, to
adjourn the meeting. The meeting adjourned at 6:47 p.m.
Respectfully submitted,
4~4~
Gary Anderson
Zoning Administrator
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