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07-12-2011 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 12, 201 I Members Present: Chair Westberg, Commissioners Anderson, Bell, Ives, Johnson, Lemke and Scott Members Absent: None Staff Present: JeremyBarnhart, Planning Manager, Chris Leeseberg, Planner/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 Westberg. 2. Consider July 12, 2011 Plaruring Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE JULY 12, 2011 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider 6/ 12/ 11 Planning Commission Minutes Chair Ives noted that the June 12, 2011 minutes will be considered at the August 9, 2011 meeting. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Anderson will attend the July 18, 2011 City Council meeting, taking Commissioner Lemke's assignment. 5.1. Request by Devin Peterson (Peterson Construction) on behalf of Thai Buddhist Center of Minnesota for a Conditional Use Permit for Institutional Use in R1a Zoning District, 10863 208 Ave NW, Public Hearing -Case No.CU 11-08 Mr. Barnhart stated this request was tabled last month in order to address concerns raised by neighboring residents. He addressed each of the issues, noting that parking was the main concern. Mr. Barnhart reviewed photographs of the entrance to the siting, noting where tree removal would likely be necessary. He stated he did not have a final parking plan available but felt that sufficient progress is being made toward a plan that staff could approve. Commissioner Johnson asked how accessory structures are on the property. Mr. Barnhart noted there are currently three and that two will be removed, with construction of the new addition. Commissioner Johnson asked if the pop-up camper on the property would be included as a structure. Mr. Barnhart stated no. • Planning Commission Minutes July 12, 2011 Page 2 --------------------------- CommissionerAnderson asked if a parking plan would be available at Monday's meeting. • Mr. Barnhart stated that it is not likely it would be available. Chair Ives asked when the parking lot design will be approved. Mr. Barnhart stated that if the request is approved by the Planning Commission and City Council, Condition # 4 states that the plan must be approved prior to construction of the building. Chair Ives asked what is the maximum number of people that would be permitted. Mr. Barnhart stated that according to staff's calculations, 63 people could be accommodated in the meditation building, but this would not include people in the main house or outdoors. He explained that this is consistent with how the maximum number of people are calculated for churches, using the square footage of the main worship center, and does not include classrooms and offices. Commissioner Lemke asked if Condition # 2 -The standards for issuance of the Conditional Use Permit shall be satisfied in perpetuity- is true for all conditional use permits. Mr. Barnhart stated yes, but that it can be "fuzz'. He stated the condition was included in order to make it very clear. Commissioner Johnson asked if staff was able to determine how much traffic was actually generated during gatherings. Mr. Barnhart stated no, and it would be difficult to do this for other know examples, He stated that the difference here is that the overflow parking is occurring in a cul-de-sac, and in other situations the parking is nearby on the street network Chair Ives opened the public hearing. Devin Peterson, representing Thai Buddhist Center -stated the existing structure will be • torn down and removed. He stated that the two or three trees to be removed are not on the perimeter in order to keep the property secluded and private. He stated only brush on east and west side of the drivewaywill be impacted. 'T'here being no further public comment, Chair Ives closed the public hearing. Chair Ives asked for clarification on hours of operation. Mr. Barnhart reviewed the primary hours of operation stated bythe applicant, noting that this does not mean they cannot use the property outside of these hours. Commissioner Johnson stated he had concerns there was no final parking lot plan and stated that he would not be in favor of anything that would cause additional traffic, given the concerns expressed bythe neighbors. Commissioner Bell stated that he did not have an issue recommending approval, given the fact that they cannot proceed with the building until staff approves the final parking plan. Mr. Barnhart stated that he has no doubt that there is increased traffic due to the use, and he will reviewthe parking plan based on the cites ordinances. Chair Ives asked if parking is not allowed on the street in this area. Mr. Barnhart stated that there is no parking restriction on the street. Commissioner Westberg stated that in reviewing the criteria for granting a conditional use permit, he did not find anyreason to denythe request. Commissioner Anderson stated he also had no problem recommending approval of the • request. He asked that the applicant be mindful of the parking situatron on the street, since MEETING OF THE ELK RIVER PLANNING COMMISSION • HELD AT ELK RIVER CITY HALL TUESDAY, JULY 12, 201 1 Members Present: Chair Ives, Commissioners Anderson, Bell, Johnson, Lemke, Scott and Westberg Members Absent: None Staff Present: JeremyBarnhart, Planning Manager, Chris Leeseberg, Planner/Park Planner; 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 Ckrair Westberg. Consider July 12, 2011 Planning Conunission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE JULY 12, 2011 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. • 3. Consider 6/ 12/ 11 Planning Commission Minutes Chair Ives noted that the June 12, 2011 minutes will be considered at the August 9, 2011 meeting. 4. Planning Commission Representative to Attend Cit~Council Meeting Commissioner Anderson will attend the July 18, 2011 City Council meeting, taking Commissioner Lernke's assignment. 5.1. Request byDevin Peterson (Peterson Constructions on behalf of Thai Buddhist Center of Minnesota for a Conditional Use Permit for Institutional Use in Rla Zoning District, 10863 208 Ave NW, Public Hearing - Case No.CU 11-08 Mr. Barnhart stated this request was tabled last month in order to address concerns raised by neighboring residents. He addressed each of the issues, noting that parking was the main concern. Mr. Barnhart reviewed photographs of the entrance to the siting, noting where tree removal would likelybe necessary. He stated he did not have a final parking plan available but felt that sufficient progress is being made toward a plan that staff could approve. Commissioner Johnson asked how accessory structures are on the property. Mr. Barnhart noted there are cun:entlythree and that two will be removed, with construction of the new addition, Commissioner Johnson asked if the pop-up camper on the propertywould be included as a structure. Mr. Barnhart stated no. • Planning Commission Minutes July 12, 2011 Page 2 --------------------------- CornmissionerAnderson asked if a parking plan would be available at Mondays meeting. • Mr. Barnhart stated that it is not likely it would be available. Charr Ives asked when the parking lot design will be approved. Mr. Barnhart stated that if the request is approved by the Planning Commission and City Council, Condition # 4 states that the plan must be approved prior to construction of the building. Chair Ives asked what is the maximum number of people that would be permitted Mr. Barnhart stated that according to staff's calculations, 63 people could be accommodated in the meditation building, but this would not include people in the main house or outdoors. He explained that this is consistent with howthe maximum number of people are calculated for churches, using the square footage of the main worship center, and does not include classrooms and offices. Commissioner Lemke asked if Condition # 2 -The standards for issuance of the Conditional Use Permit shall be satisfied inperpetuity- is true for all conditional use permits. Mr. Barnhart stated yes, but that it can be "fuzz'. He stated the condition was included in order to make it very clear. Commissioner Johnson asked if staff was able to determine how much traffic was actually generated during gatherings. Mr. Barnhart stated no, and it would be difficult to do this for other know examples, He stated that the difference here is that the overflow parking is occurring in a cul-de-sac, and in other situations the parking is nearby on the street network. Chair Ives opened the public hearing. Devin Peterson, representing Thai Buddhist Center -stated the existing structure will be • torn down and removed. He stated that the two or three trees to be removed are not on the perimeter in order to keep the property secluded and private. He stated only brush on east and west side of the drivewaywill be impacted. There being no further public comment, Chair Ives closed the public hearing. Chair Ives asked for clarification on hours of operation. Mr. Barnhart reviewed the primary hours of operation stated bythe applicant, noting that this does not mean they cannot use the property outside of these hours. Commissioner Johnson stated he had concerns there was no final parking lot plan and stated that he would not be in favor of anything that would cause additional traffic, given the concerns expressed bythe neighbors. Commissioner Bell stated that he did not have an issue recommending approval, given the fact that they cannot proceed with the building until staff approves the final parking plan. Mr. Barnhart stated that he has no doubt that there is increased traffic due to the use, and he will reviewthe parking plan based on the cites ordinances. Chair Ives asked if parking is not allowed on the street in this area. Mr. Barnhart stated that there is no parking restriction on the street. Commissioner Westberg stated that in reviewing the criteria for granting a conditional use permit, he did not find anyreason to denythe request. Commissioner Anderson stated he also had no problem recommending approval of the • request. He asked that the applicant be mindful of the parking situatron on the street, since Planning Comnussion Minutes July 12, 2011 --------------------------- the streets are not up to normal city standards with curb and gutter. He suggested that the • applicant encourage carpooling to reduce the number of cars. He stated that if there is a real problem with traffic safety, the police would likely be notified. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REQUEST BY DEVIN PETERSON ON BEHALF OF THE THAI BUDDHIST CENTER FOR A CONDITIONAL USE PERMIT FOR AN INSTITUTIONAL USE, CASE NO. CU 11-08, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL RECEIVE ALL REQUIRED PERMITS. 2. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL BE SATISFIED IN PERPETUITY. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 4. PARKING LOT IMPROVEMENTS SHALL PROVIDE FOR ADA COMPLIANCE PARKING SPACES, A 24-FOOT WIDE DRIVE AISLE, AND CONCRETE CURBING AND SHALL BE APPROVED BY STAFF PRIOR TO CONSTRUCTION. 5. AN ADDRESS NUMBER MUST BE DISPLAYED AT THE ENTRANCE TO THE PROPERTY. 6. NO MORE THAN THREE FREESTANDING ACCESSORY STRUCTURES BE PROVIDED (E.G. SHED, GAZEBO, AND INSTITUTIONAL SPACE). MOTION CARRIED 6-1. Commissioner Johnson opposed. 5.2. Request by Guardian Angels for a Conditional Use Permit to amend the Planned Unit Development Agreement for Guardian Angels West, 13439 185~h Ave NW, Public Hearing - Case No. CU 11-09 Mr. Barnhart stated that the original PUD agreement for Guardian Angels West included 20 additional units in Phase 2. He stated that they are now proposing 30 units. He noted that the additional units does not raise the density overall. He explained that in the original review, a variance was granted to allow increased impervious surface area. Mr. Barnhart stated that the proposed footprint actually decreases that amount. He stated that Phase 2 is consistent with the original request and staff recommended approval of the PUD amendment. Commissioner Anderson asked if another variance is required for Phase 2. Mr. Barnhart stated no. Chair Ives opened the public hearing. There being no one to speak for or against the matter, Chair Ives closed the public hearing. Commissioner Bell asked if the CityEngineer's comments on page 4 of the staff report will be addressed. Mr. Barnhart stated yes, theywould. Page 3 • MOTION BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE Planning Commission Minutes July i2, 2oii --------------------------- Page 4 REQUEST BY GUARDIAN ANGELS FOR A CONDITIONAL USE PERMIT • TO AMEND THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR GUARDIAN ANGELS WEST, CASE NO. CU 11-09, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER AND BUILDING OFFICIAL. 2. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED 3. THE 1998 LANDSCAPING PLAN MUST BE VERIFIED AND PLANTINGS REPLACED AS NECESSARY. MOTION CARRIED 7-0. 5.3. Request by Vanman Companies on behalf of The Crossing Church for a building expansion, 829 School Street. Public Hearing -Case No. CU 11-06 Mr. Barnhart reviewed the proposed Crossing Church expansion, including additional parking, accesses off School Street and Jacl~on Avenue, size, use and exterior maxerials for the building expansion, screening of rooftop units, signage and landscaping. He noted that the applicant has agreed to provide the fire hydrant recommended by staff and the Fire Marshall. Staff recommended approval of the request with the six conditions listed in the staff report to the Planning Commission dated July 12, 2011. Commissioner Anderson asked if the School Street and the Jackson Avenue accesses would both be full accesses. Mr. Barnhart stated yes. Commissioner Anderson asked if a fire lane was not required around the building. Mr. Barnhart explained that the Fire Chief is comfortable that the building can be fully accessed from the drive aisles on both sides of the building. Commissioner Anderson asked if the proposed classroom space could be used for auditorium space in the future. Mr. Barnhart stated that if the future use of the classrooms changes to auditorium use, the CUP would need to be amended. Commissioner Anderson questioned the drop in grade from the building to the property line. Mr. Barnhart stated that the design does accommodate the grade change. Chair Ives asked if the sign on Jackson and School Street would remain. Mr. Barnhart stated that the sign will be removed. He noted that they are allowed a 92-square foot sign. Chair Ives asked if the proposed landscaping is on the apartment property or the church's property. Mr. Barnhart stated that the landscaping is proposed bythe applicant on its property. He noted that the landscaping along School Street maybe rearranged to meet the cites visioning guidelines. Commissioner Lemke asked if the parking meets the ordinance requirements. Mr. Barnhart stated that the ordinance requires 500 spaces and the applicant is proposing 547 spaces. Commissioner Lemke asked if anythought was given to pedestrian infrastructure. Chair Ives opened the public hearing. • Planning Commission Minutes July i2, 2oii --------------------------- Chris Hanson of Vanman Architects, representative for The Crossing Church -stated that an 8 - 10 foot sidewalk is proposed to run east and west in the parking area, and along the apartment building srte to provide safe pedestrian access to the church. Commissioner Westberg asked if a left turn land will be required. Mr. Barnhart stated that no off-site improvements were recommended. Commissioner Anderson asked if the applicant anticipates anyproblem with senior high school students parking in their lot. A leadership board member representing The Crossing Church stated that there maybe some parking by students, but it has not been an issue. Commissioner Anderson suggested that the applicant contact the school if student parking does become an issue. There being no other comments, Chair Ives closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REQUEST BY VANMAN ON BEHALF OF THE CROSSING CHURCH FOR A BUILDING EXPANSION, CASE NO. CU 11-06, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY PLANNER LETTER DATED JUNE 28, 2011 SHALL BE ADDRESSED. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER AND BUILDING OFFICIAL. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. 4. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED. 5. LINE OF SITE DRAWINGS SHALL BE PREPARED TO ILLUSTRATE THE ROOF TOP UNITS WILL BE SCREENED FROM ADJACENT PUBLIC AREAS, INCLUDING LIONS PARK AND SCHOOL AND JACKSON. 6. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED TO ENSURE COMPLIANCE WITH GRADING, EROSION CONTROL, DRAINAGE, UTILITY, HARDSURFACE, AND LANDSCAPING REQUIREMENTS PRIOR TO THE RELEASING OF THE BUILDING PERMIT. MOTION CARRIED 7-0. Page 5 • Planning Commission Minutes July 12, 2011 --------------------------- Page 6 5.4. Request by SSpectrum High School for an Interim Use Permit to extend their existing IUP for awrestling/fitness facility at 17834 Industrial Circle NW. Public Hearing -Case No. CU • 11-10 Mr. Leeseberg stated that the IUP issued in 2010 has expired. The applicant is requesting the IUP because of delays in construction and inspections due to the state shutdown. Mr. Leeseberg reviewed the conditions. He noted that the applicant's representative was unable to attend the meeting due to a conflict, but that Spectrum had no issues with any of the conditions. Chair Ives opened the public hearing. There being no public comment, Chair Ives closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF THE REQUEST BY SPECTRUM HIGH SCHOOL FOR AN INTERIM USE PERMIT TO EXTEND THEIR EXISTING IUP FOR A WRESTLING/FITNESS FACILITY, CASE NO. CU 11-10, WITH THE FOLLOWING CONDITIONS: 1. INTERIM USE PERMIT SHALL EXPIRE AUGUST 15, 2012 2. AS AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS, INCLUDING APPROVALS FROM THE FIRE CHIEF, CITY ENGINEER AND BUILDING OFFICIAL. • 3. THE STANDARDS FOR ISSUANCE OF THE CONDITIONAL USE PERMIT SHALL CONTINUE TO BE MAINTAINED. 4. DUE TO THE INDUSTRIAL NATURE OF THE NEIGHBORHOOD, THE SCHOOL RECOGNIZES THAT NOISE, ODORS, TRUCK TRAFFIC, AND OTHER UNDESIRABLE EFFECTS MAY BE PRESENT. MOTION CARRIED 6-1. Commissioner Anderson opposed. 5.5. TR~equest by City ofElk River forlOrdinarn~ce Amendment to Ch1apter 30 - Land1 1 /PVP~(lIl1Y1P11Y RPO'lll'atlllilC QYFI!`IP `~ - / nnlna ~lvlc lnn 7 Allmmlctw]tlnn ~]n!1 71'10 - Mr. Barnhart provided background information regarding legislaxive changes to Minnesota statutes regarding variances. He stated that the most recent change (May 5, 2011) now permits variances if there are "practical difficulties" in complying with the zoning ordinance. He explained that the critical issues are (1) that the variance is in harmonywith the purpose and intent of the ordinance, and (2) whether or not the variance is consistent with the comprehensive plan. He noted that no changes are being proposed to the appeal process. Staff recommends approval of the proposed language change. Chair Ives asked for clarification on page 3 Sec. 30-635 -Variances (a) regarding conditions. Mr. Barnhart explained that the conditions must be reasonable and intended to mitigate and issue that is recognized. C7 Planning Commission Minutes July 12, 2011 --------------------------- CommissionerAnderson questioned whythe variance could be voided, as noted on page 1, • Section (a). Mr. Barnhart explained that this is consistent with current variances and conditional use permits. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO CHAPTER 30 -REGARDING VARIANCES, CASE NO. V 11-02. MOTION CARRIED 7-0. 6. Other Business - No other business. 7. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:35 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk ro Chair Page 7 •