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07-13-2010 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 13, 2010 Members Present: Chair Westberg, Commissioners Anderson, Bell, Ives and Lemke Members Absent: Commissioners Johnson and Scott Staff Present: JeremyBarnhart, Planning Manger; Debbie Huebner, Recording Secretary Also Present: Peter Beck, City Attorney 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 Westberg. 2. Consider 7/13/10 Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE JULY 13, 2010 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. • 3.1. Consider 4/13/10 P1anni~ComrnissionMinutes MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE APRIL 13, 2010 MINUTES. MOTION CARRIED 5-0. 3.2. Consider 5/11/10 Planning Commission Minutes MOVED BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER BELL TO APPROVE THE MAY 11, 2010 MINUTES. MOTION CARRIED 5-0. 3.3. Consider 6/8/10 Plann'ng Commission Minutes MOVED BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER IVES TO APPROVE THE JUNE 8, 2010 MINUTES. MOTION CARRIED 5-0. Planning Commission Representative to Attend City Council Meeting Commissioner Ives will attend the July 19, 2010 City Council meeting. 5.1. Request byJohn Fahey for an Amendment to an existir~ Conditional Use Permit for Arrimals. Public Hearing.- Case No. CU 10-14 The staff report was presented byJeremyBarnhart. Mr. Barnhart noted that several comments were received in support of the request. Staff recommended approval of the • request. P1annulg Commission Minutes Page 2 July 13, 2010 --------------------------- CommissionerBell asked if the other conditions recommended by staff were new, or if they • were the same as approved in the applicant's original CCJP. Mr. Barnhart stated that the other conditions were not new Chair Westberg opened the public hearing. John Fahey, applicant, 9630 2HIh Avenue NW -Stated that Condition # 12 implied that he had outdoor kennels and this was not the case. Also, he questioned Condition # 13, since he would like to be able to use the pasture for exercise and training. Mr. Beck stated that the condition could be revised to state "No fenced pasture land shall be used for kennel space". Kim Meyer, resident on 213th Avenue NW -stated she has spoken to the neighbors across from and behind the applicant, and theyhave no complaints. There being no furtherpublic comment, Chair Westberg closed the public hearing. Conunissioner Lemke asked who designates whether or not an animal is dangerous. Mr. Beck explained that there is a process used bythe police to n~a.l~e that determination. Commissioner Lemke asked if Condition # 10 regarding $1 million in liability insurance was part of the original permit. Mr. Barnhart stated yes. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE REQUEST BY JOHN FAHEY WITH THE FOLLOWING CONDITIONS: • 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE COMMERCIAL KENNEL SHALL BE LIMITED TO FIFTEEN (15) DOGS OR CATS OVER THE AGE OF G MONTHS. ADDITIONAL ANIMALS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. NO MORE THAN TEN (10) DOGS SHALL BE ALLOWED. 4. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9. 5. THE APPLICANT SHALL RECEIVE AND MAINTAIN A COMMERCIAL KENNEL LICENSE FROM THE CITY COUNCIL. G. ALL ANIMALS MUST BE APPROPRIATELY LICENSED AND VACCINATED. 7. ALL ANIMALS SHALL BE ON A SIX (6) FOOT OR SHORTER LEASH WHEN OUTSIDE OF THE KENNEL. 8. NO MORE THAN TWO (2) ANIMALS PER SUPERVISOR SHALL BE ALLOWED OUTSIDE OF THE KENNEL. 9. ALL ANIMAL WASTE SHALL BE CLEANED UP IMMEDIATELY WHEN ANIMALS ARE OFF OF THE SUBJECT PROPERTY. 10. APPLICANT SHALL PROVIDE PROOF OF LIABILITY INSURANCE IN AT LEAST THE SUM OF $1 MILLION. 11. NO DOGS DESIGNATED AS DANGEROUS OR POTENTIALLY DANGEROUS ARE ALLOWED TO BE KEPT AT THE KENNEL AND KEEPING OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG SHALL BE GROUNDS FOR REVOCATION. • Planning Commission Minutes Page 3 July 13, 2010 --------------------------- • 12. OUTDOOR KENNEL SPACE IS TO BE LOCATED AT LEAST 250 FEET FROM ANY PRINCIPAL STRUCTURE ON NEIGHBORING PROPERTIES. 13. NO FENCED PASTURE LAND SHALL BE USED FOR KENNEL SPACE UNDER THIS CONDITIONAL USE PERMIT. MOTION CARRIED 5-0. 5.2. Request by Elk River Sales & Leasing for Conditional Use Permit to Allow Truck Sales Public Hearing -Case No. CU 10-15 The staff report was presented byJeremyBarnhart. Mr. Barnhart stated that there will be no interior or exterior changes to the site, and that the request was more of an organizational change. He also noted that there will be no open sales to the public. Staff recommended approval of the request with the two conditions in the report to the Conunission dated July 13, 2010. Chair Westberg opened the public hearing. Terry Morrell, Elk River Sales & Leasing, 10752171St Avenue NW (applicant) -stated that approval is needed from the governmental regulating agencyto allow vehicle sales. He explained that the sales license is for their internal use, and is consistent with similar businesses. There being no further public comment, Chair Westberg closed the public hearing. • MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY ELK RIVER SALES & LEASING WITH THE FOLLOWING CONDITIONS: 1. VEHICLES AND EQUIPMENT ACQUIRED AS PART OF THE AUTO DEALERS LICENSE ARE INTENDED FOR MORRELL TRUCKING AND ITS SUBSIDIARIES USE ONLY. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. MOTION CARRIED 5-0. 5.3. Request by Wapiti Park (Lorraine White) for Interim Use Permit, Public Hearing -Case NO. CU 10-16 The staff report was presented byJeremyBarnhart. He stated that the city is looking for minimal improvements to be made to maintain consistencywith city codes and state statutes as a recreational campground. He reviewed each of the eight conditions listed in the supplemental staff report, and the basis for each condition. Staff recommended approval of the IUP with conditions as stated Commissioner Ives asked if Condition # 2 regarding the septic system a]so cover, runoff or drainage. Mr. Barnhart stated that the condition only addresses adequacy of the septic • system and does not cover storm water. Commissioner Ives asked if there were anyissues Planning Commission Minutes Page 4 July 13, 2010 --------------------------- with raw sewage. Mr. Barnhart stated there have been some reports of this over the past fifteen years, but he has no documentation to show that. Commissioner Bell asked how functioning of the septic system would be enforced. Mr. Barnhart stated proof of inspection of the system must be provided. He explained that if a report was received that it was not functioning, the city could ask for verification under that condition. Mr. Beck stated that if there are issues, inspection of the septic system could be tied to the annual renewal of the liquor license. He noted that the city could ask the MN Department of Health for a copy of their inspection to see what corrections were requested. Chair Westberg opened the public hearing. Adam Kaatz,1907 East Wayzata Blvd, Suite 107, Wayzata, MN - stated he is representing Anita Glen, manager of Wapiti Park, and Lorraine White, owner of the property.. Mr. Kaatz submitted a letter from Gary Schluender which states the septic system is functioning properly. He stated that he toured the property with the city's environmental technician NickiBfake-Bradley. He stated he felt that Ms. Bradleywas impressed with how the park was kept up, and that she had two minor concerns regarding burning. He stated Ms. Bradleyfound that the animals are properlyconfined; the runoff goes into ditches and not into the lakes and streams; and the number of trash containers was adequate. He stated he will work with Ms. Bradley on both the debris management and manure management plans. Mr. Kaatz stated the applicants are opposed to Condition # 5 regarding closure of the campground in January and February, and felt this condition was harsh. He stated he hoped • to discuss this with Mr. Barnhart and work with the City Council on something less than closure for two months. Mr. Kaatz stated he was not aware of anyviolations with the Department of Health (Condition # 6) and that Ms. Glen and Ms. White would work with any issues there maybe. He had concerns with hinging approval of the IUP on this condition. He stated he would like clarification on Condition # 8, since this was newto him, Regarding Condition # 5, the owners have been in business for 35 years and the residents are their concern. He stated that this maybe the only place some individuals have; they may not be able aff ord to get an apartment or live somewhere else at this time. Jerry Keillor, 18746 Troy Street, Wapiti Park -stated that he is a current camper at Wapiti Park He stated there was some concern that his kids were not warm enough. He stated that Child Protection Services did come to his residence once, but theyhave never returned. He stated that both of his children are very healthy. He stated he has no problem keeping his baby and three-year old warn. He stated he was opposed to closing the campground for two months, as he had no other options. Mr. Beck asked how long Mr. Keillor has lived at Wapiti Park Mr. Keillor stated that he has been there over one year and made it through last winter just fine. Mr. Beck asked if he was a permanent resident. Mr. Keillor stated he would not consider himself permanent resident, more of an extended camper. Mary Johann, Wapiti Park - stated that she is from Myrtle Beach, South Carolina. and has been spending the summers at Wapiti Park since 1997. She stated that it is a wonderful spot. Ms. Brandt stated that manypeople come from the metro area to camp there. She noted Planning Commission Minutes July 13, 2010 Page 5 --------------------------- • that some campers are not the best; some are older. She stated that she would like to keep her spot. She stated that the city should not take the owner's livelihood away. Michael Clopping, 18540 Troy Street -stated his is the closest residence to Wapiti Park He likes the people and enjoys the horses and guinea hens and has no problem with them. He stated that he heard a comment from the city that they want Wapiti Park to go away. He asked whytheywould want to do that, after theyhave been there for 35 years. He stated he felt the city should work with them to fix the problems, not push them out, because that is not right. There being no other public comments, Chair Westberg closed the public hearing. Mr. Beck explained that the propertyis not zoned for a campground, but it is "grandfathered in" as a nonconforming use, which means it cannot be expanded. When their building burned, the city approved an interim use permit for ten years, in order for Wapiti Park to stay in business. Mr. Beck explained that the city found a wayto allow Wapiti to stay by issuing the IUP for-ten years, as it seemed development was heading out that way. He stated that the market is very different now Mr. Beck stated that he did not know of anyone who was pushing for Wapiti Parkto "go away", and he has been with the city for thirtyyears. He stated that there has always been a concern for residents living at Wapiti Park. Mr. Beck explained that there are verydifferent requirements set bythe state for manufactured home parks and campgrounds. He stated the conditions the city is proposing are not anything beyond what the state requires for recreational campgrounds, and anything that is not a recreational camping vehicle needs to be removed. The conditions are meant to protect the safety and health of the people camping out and to be sure that it is functioning as a • campground and not a mobile home park Commissioner Ives asked if the state's regulations address length of stay. Mr. Beck stated the regulations include daily, nightly, weekly or longer periods of stay. He indicated that Condition # 5 needs to be discussed bythe Plaiuzing Commission. He stated that the goal of the condition is to protect the residents. He noted that state campgrounds functionyear- round and there is nothing expressly in state law to prohibit year-round use at Wapiti, as long as it functions as a campground. Commissioner Ives asked if staff was aware of the number of request for checks on the welfare of residents that have been made at Wapiti. Mr. Barnhart stated staff does not have information. Mr. Beck stated those calls would go to county or state agencies. Commissioner Bell stated that other types of buildings such as apartments have checks on welfare, and he did not feel that should be a reason to close someone down. Commissioner Ives stated that those are buildings and not a campground. Chair Westberg stated that closing the park would be going too far. He felt there should be more discussion on Condition # 5. Commissioner Anderson stated that Commissioner Scott forwarded his comments to him. Iris concern and Commissioner Scott's concerns are the outstanding violations of the health inspector and wintering in the park He stated that he worked and lived at the KOA Campground for three years and the owners lived there year-round. He stated that he has lived here for thirtyyears and is aware the Wapiti area is a beautiful, pristine area. He felt the • health, safetyand environmental conditions need to be addressed. He stated he would like a more thorough statement from septic inspector that the system is able to handle the Planning Commssion Minutes Page 6 July 13, ZO10 --------------------------- operations at Wapiti. He stated he would not vote in favor of the IUP tonight because he • has too many questions. Commissioner Lemke asked who issues permits and inspects septic systems. Mr. Barnhart stated that generally, residential systems are inspected bythe city, but that in some cases such as a community system, the permits and inspections are done bythe state. Corrunissioner Lemke stated he would like to see certification that the septic system is fully functional and will continue to do so under the current conditions. He stated that closure of the park needs to be clearly defined, such as bystating that "all recreational vehicles should be removed". Commissioner Lemke asked if Mr. Keillor received mail at the park Mr. Keiller stated no, that he has a post office box. Commissioner Bell stated that he did not think it was the city's problem to close down a business because it was cold. He stated that he goes ice fishing and no one tells him it's too cold. He stated that violations could be upgrading shelving or walk in coolers. He thinks theyneed to look at the actual violations to see if they are truly health-safetyissues. There could be something like a cracked the in the shower and that would not be life threatening and they would be given sixty or ninety days to have it fixed. Something serious may require it be completed in three days. Commissioner Bell stated that welfare of the residents was the Health or Social Services Departments' concern, not the Commission's. He stated that a violation is not necessarilyaheath safetyissue, and could be some type of sanitary issue. He stated the Commission does not know if the concerns are serious or not serious. Mr. Barnhart stated that there really are onlytwo or three issues that need to be resolved. He suggested that the Planning Commission could table the request until the next meeting. 1. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER IVES TO TABLE THE REQUEST BY WAPITI PARK TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON JULY 27, 2010. MOTION CARRIED 5-0. 5.4. Request bvthe City of Elk River for an Amendment to the Land Use Regulations regarding siuna4e in the CRT (C'nmmPr~ial RPCPYVP Trancirinnl 7nnina T~ictrirt Pnhli~ Naarina _ (`aca No. OA 10-07 The staff report was presented byJeremyBarnhart. He noted that the proposed ordinance amendment meets the city's goals and the property owners' goals. Staff recommended approval of the ordinance as presented. Chair Westberg asked if the ordinance is citywide. Mr. Barnhart stated yes, that the ordinance is for property over 20 acres in the Commercial Reserve Transition district. Chair Westberg asked if a signs would be allowed for other events such as a large familygathering or carnival. Mr. Barnhart stated, yes a sign would be allowed for a specific use of that type. Commissioner Lemke asked what impact the ordinance would have on the existing motor cross facility signage. Mr. Barnhart stated that the signs could stay, except the ones in the right of way. Chair Westberg opened the public hearing. There being no further public comment, Chair • Westberg closed the public hearing. Planning Commission Minutes Page 7 July 13, 2010 --------------------------- • MOTION SY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT REQUEST BY THE CITY OF ELK RIVER REGARDING SIGNAGE IN THE CRT (COMMERCIAL RESERVE TRANSITION) ZONING DISTRICT, AS DETAILED IN THE STAFF REPORT TO THE PLANNING COMMISSION DATED JULY 13, 2010. MOTION CARRIED 5-0. 6. Other Business -None 7. Adjourrunent There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. Tina Allard City Clerk • ad Westberg Chair The meeting of the Elk River Planning Coirunission adjourned at 7:43 p.m. Minutes prepared b bbie Huebner. ..,~ j ~~~. /