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06-14-2011 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 14, 201 I Member, Present: Chair Ives, Commissioners Anderson, Bell, Johnson, Lemke and Westberg Members Absent: Commissioner Scott Staff Present: Jeremy Barnhart, Planning Manager, 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 Chair Ives. 2. Consider 6/14/11 Plann'n~ Commission Agenda MOVED BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE JUNE 14, 2011 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. • 3. Consider 5/10/11 Planning Commission Minutes MOVED BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE MAY 10, 2011 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Anderson will attend the June 20, 2011 City Council meeting. 5.1. Request by Devin Peterson (Peterson Construction) on behalf of Tai Buddhist Center of Minnesota for a Conditional Use Pernut for Institutional Use in Rat Zoning District. Public Hearing -Case No. CU 11-08 Mr. Barnhart reviewed the staff report to the Plann'na Commission on this matter. He explained that a Conditional Use Permit (CUP) is not required for frequent home bible studies, meditation groups or similar group meetings, unless changes are made to the properryto accommodate the use. The applicant proposed to construct a 30' x 30' expansion of the former garage, with a kitchen, restrooms and showers. The former garage area would house an open room, primarily used for prayer and meditation. • Mr. Barnhart reviewed the basis for requiring a conditional use permit, definition of institutional uses, and description of the improvements, parking requirements and wetland setback. He noted that 21 spaces are required but the applicant desires 30 spaces. He stated that tree removal for parking is an issue, and suggested that the applicant try to provide the parking stalls without removing trees. He reviewed the five conditions recommended by staff, adding a 6~ condition to require that the septic system is adequate for the use. Planning Commission Hnutes June 14, 2011 Mr. Barnhart noted that institutional uses/churches are a fairlycommon use in residential districts and off-site parking (in the street) does occur during peak times. I-Ie stated that the applicant is proposing to accommodate parking on site..: Commissioner Bell asked how often meetings were held. He asked if the kitchen would be required to be inspected for health concerns. Mr: Barnhart stated that site was used daily for meditation and visitors are a common occurrence. He noted that other services or gatherings are held, as well. He stated that the condition # 1 states that all necessar5rpermits must be obtained, a~ich would include state building codes. Chair Ives opened the public hearing. Joseph Thorndal, 10928 208`h Avenue (neighbor to the west) - Mr. Thorndal stated he would not object to the use if it was occasional, but that it is not the case. He had these concerns: - Number of people visiting the site. Hundreds of people and cars on any given weekend, or at least every other weekend, and the people are outdoors in the yard - Use seems to be more of a business, R~ith very large functions being held Didn't purchase house to be next to a business - Applicant is good neighbor, but the use was being portrayed accurately - Impacts on the neighborhood - At times, there are at least 100 cars parked up and down the driveway, back to the swamp and on the street - Signage is not conducive to residential neighborhood Jim Tralle, 10825 208`'' Avenue (neighbor to the east) -expressed these concerns: - Outdoor gatherings - up to 50 cars is not unusual when open houses are held - Impacts on propertyvalues, due to nature of use and high traffic - Impacts on the well and septic system; impact on wetlands - Property cannot accommodate parking due to hill and wetlands - Objection to any tree removal to accommodate parking and widening of driveway - Festivals are every other weekend; many people outdoor,; karaoke noise - Any additional signage Mr. Tralle stated that cars have parked on the septic system, and he knew from personal experience, that damages the system He felt that it would be necessaryto clear 50 - 60 feet of trees to accommodate the proposed parking and driveway improvements. He stated that the tree removal would change the character of the neighborhood even more. Mr. Tralle stated thax he recalled Calvin Realtytelling the CityCouncilthat the propertywould be used as a retreax for the monks, and that services and celebrations would occur in the Twin Cities. He stated that there is a lot of traffic every dayto and from the site. He stated that the site is used for more than a meditatiomcenter and always has been. Mr. Tralle further discussed traffic impacts and hours of operation. He stated that the temples in Monticello and Lakeville have much larger space to accommodate this type of use. Mr. Tralle asked that the Planning Commission table this item so that the Commissioners could visit the site. He felt that further study of the parking, tree removal, wetlands, septic system, traffic and large gatherings is necessary. Page 2 • • r, ~. Planning Commission Muiutes June 14, 2011 Devin Peterson of Peterson Construction, representative for the applicant -stated that the parking will not encroach any further into the wetlands. He stated that the septic system may have been driven on; plans include tearing up the existing septic system and pump and replacing it with a new, larger system Mr. Peterson stated that they do not plan to remove anytrees or bushes. He explained that two existing accessorybuildings will be torn down and replaced bythe proposed new building. Also, a new well will be dug and a new 200-amp service and transformer will be installed. A culvert will run under the driveway to the wetland to accommodate storm water. Mr. Peterson explained that parking for large gatherings will be on site and not on the road. No additional signage is proposed and the current sign will not be visible to the neighbors. Commissioner Anderson asked what kind of curbing is proposed for the parking spaces. Mr. Barnhart stated that plan does not define this detail; staff will work on this with the applicant. Commissioner Anderson asked if the applicant was agreeable to tabling their request. Mr. Peterson stated that since the site plan and wetlands delineation will not change, and they could work on the details with staff and the request could move forward to the City Council He explained that the rest of the parking would be located by the existing garage. Commissioner Anderson stated that he would like to take a look at the property and would vote "no" if a recommendation were made tonight. A member/treasurer of the Thai Buddhist Center organization stated they did not know that parking on the street and noise were issues with the neighborhood. She stated that there are no more than 50 people at events, other than the special event in October, because they do a count each time. She explained that the event in October has a maximum of 100 people. She explained that with the new addition, they should be able to keep everyone indoors for the events. Mr. Peterson stated that barriers could be installed to prevent parking on the septic area. Justin Thorndal, 10928 208`'' Avenue - stated that he has a degree in Wildlife Management and completed a nesting project on their property. He found that nests are no longer occupied near the Center, due to the large amount of activity on the site. Commissioner Lemke stated he supported tabling the request in order to resolve outstanding issues. Commissioner Ives concurred. Commissioner Bell stated that he was also in favor of tabling the request. Ne stated that the applicants could cut down all the trees if they chose to do so. He stated he was in favor of tabling the item so that a solution could be worked out. Commssioner Westberg stated he als o would like to take a look at the property in order to have a better understanding of what they are voting on. Commissioner Johnson stated that he concurred with the other Coinniissioneis' comments and was in favor of tabling this item. Mr. Barnhart explained that the parking issue seems to be the main concern, and other issues such as special events which maybe independent of this application. Page 3 • MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO TABLE THIS ITEM TO THE JULY 12, Planning Conunission Mnutes June 14, 2011 Page 4 2011 PLANNING COMMISSION MEETING FOR THE FOLLOWING REASON: • INFORMATION ON WETLANDS AND MODIFICATIONS TO THE PARKING AREA MOTION CARRIED 6-0. 6.1. Update byJeremyBamhart Mr. Barnhart stated that applications have been received for the following projects and will be reviewed bythe Planning Commission at the July 12~ meeting: The Crossing Church Guardian Angels on the Lake Ordinance Amendment to incorporate legislative changes relating to variances The following applications will be considered at the August 9~ meeting: Elk River Landfill Tiller Corporation City of Elk River Public Works Facility Ordinance Amendment to incorporate changes in the FEMA Maps 7. Adiourrunent • There being no further business, MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:45 p.m Minu~ prepared by bie Huebner. Tina Allard City lark' ' ~----- y vas Chair •