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11-13-2012 PC MIN MEETING OF THE ELK RIVER PLANNING COMMISSION • HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 13, 2012 Members Present: Vice Chair Westberg,Commissioners Anderson,Bell,Johnson,Keller and Konietzko Members Absent: None Staff Present: Jeremy Barnhart,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 Chair Anderson. 2. Consider 11/13/12 Planning Commission Agenda MOVED BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE NOVEMBER 13,2012 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGE: • MOVE ITEM 4.2 BEFORE ITEM 4.1 MOTION CARRIED 6-0. 3. Consider 10/09/12 Planning Commission Minutes MOVED BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE OCTOBER 9,2012 MINUTES. MOTION CARRIED 6-0. 4.2 Request by LeFebvre Properties LLP for Interim Use Permit to Extend their Temporary Office IUP at 10895 171st Avenue NW,Public Hearing- Case No.CU 12-23 Mr.Barnhart presented the staff report. Staff recommended approval of the request with the three conditions listed in the staff report. Commissioner Bell asked why Condition#3 stated Conditional Use Permit,rather than Interim Use Permit. Mr.Barnhart stated that an IUP is technically a CUP with an end date. Chair Anderson opened the public hearing. There being no one to speak to this issue,Chair Anderson closed the public hearing. MOTION BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REUQEST BY LEFEBVRE PROPERTIES LLC FOR AN INTERIM USE • PERMIT TO EXTEND THEIR EXISTING INTERIM USE PERMIT,WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes Page 2 November 13,2012 1. THE INTERIM USE PERMIT SHALL EXPIRE DECEMBER 31,2015. • 2. ALL FIRE AND BUILDING CODE REQUIREMENTS SHALL BE ADDRESSED. 3. IF THE APPLICANT DESIRES THE TEMPORARY INTERIM USE CUP TO BE EXTENDED BEYOND DATE ABOVE,THE INTERIM USE PERMIT SHALL BE AMENDED FOLLOWING REVIEW BY THE PLANNING COMMISSION AND CITY COUNCIL. MOTION CARRIED 6-0. 4.1 Request byPareyFann LLC for Conditional Use Permit for Commercial Boarding of Horses,Expand the Number of Agricultural Animals,and Allow Retail Sales of Farm Products at 21310 Brook Road NW,Public Hearing—Case No.CU 12-22 The staff report was presented by Chris Leeseberg. Mr.Leeseberg noted that the applicant is requesting 25 animal units,but that staff's calculations of the pasture land only will support a recommendation of 22 animal units. Staff recommends approval of the request with the conditions listed in the staff report. Chair Anderson opened the public hearing. Zane Reynolds,co-owner of Parey Farm,21310 Brook Road,stated they have been in operation for five years,with sales of products at fanners markets and artisan markets such as the Goose Lake Wmery in Nowthen. He explained that the original intention for the barn was for sheep shearing,and is set up perfectly for their goat milking operation. Mr. • Reynolds explained that Minnesota is one of only five states that have legalized retail and home sale of goat milk. He noted that they cannot prepackage or deliver the milk;people come there to get goat milk in their own receptacle. He described other products they sell such as herb oil dressing,and other items made from goats milk He stated they have had great success selling their products this past farmer's market season. Mr.Reynolds noted that for every five cow's milk operations closing,ten goat milking operations are opening up. Kent LaFez,broker for Solutions Realty and owner of the property for the past five year, stated they are happy to have a buyer. Mr.LaFez stated that the property was surveyed and it was found there are 12.06 acres of pasture excluding ponds and wetlands,which matches their request for the number of animal units (25). He stated that approval of this number of animals is contingent to sale of property as well as the small business loan. He stated that the small business plan and survey support the number of animal units requested. Mr.Barnhart stated that the space inside in buildings and the driveway was not calculated in the acres available for pasture. Todd Parent,co-owner,stated that the complete perimeter of property is fenced,plus there is sub-fencing in certain areas for separation of the horses to prevent overgrazing of the paddocks. He stated that he felt the 60'x 180'indoor arena should be included in the pasture area,since the entire building is used by the horses,as well as the run on the side of the building. Mr.Barnhart explained which areas were included in staff's calculations. He stated that the gravel driveway cannot be considered"available pasture land". 4110 Planning Commission Minutes Page 3 November 13,2012 Mr.Parent asked for clarification on the manure management plan. Mr.Leeseberg explained S the city requirement for a plan when having over 11 animal units. Mr.Parent noted there was a discrepancy in the time for removing waste in Conditions 8 and 9. Commissioner Konietzko asked if the applicants have seen the 14 conditions in the staff report and are in agreement with them. The applicants stated yes,but they would like clarification on the manure management plan. Mr.Barnhart suggested that they meet with Rebecca Haug,Environmental Administrator,regarding the plan before the Council meeting. Chair Anderson asked if the applicants were in agreement with staff's recommendation of 22 animal units. Mr.Parent and Mr.Reynolds stated yes. Mr.Reynolds stated that that there will be kids born on a regular basis,but that they will be sold fairly quickly. Mr.Leeseberg stated that he would assume the young will not be considered in the total number of animals until six months of age,similar to the policy for cats and dogs. Mr.Leeseberg asked that language be added to Condition#14 to include sales of"sustainable farm crafted foods". Commissioner Bell asked if the applicants were required to obtain an Ag license. No, Minnesota is one of five states that allows sale of goats milk that is not prepackaged or delivered off site. Customers must bring their own containers. Commissioner Bell asked how the conflict in the conditions and the Environmental Administrator's recommendation regarding removal of manure (7 days vs.6 months) can be resolved. Mr.Leeseberg stated that the seven days was consistent with the last CUP of this nature. Mr.Leeseberg stated that if the Environmental Administrator was comfortable with the six months for removal,he did not have a problem with it. It was the consensus of the • Commission to have staff make this determination. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER KELLER TO RECOMMEND APPROVAL OF THE REQUEST BY PAREY FARM LLC FOR A CONDITIONAL USE PERMIT, CASE NO. CU 12-22,WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. THE BUILDING SHALL MEET ALL BUILDING CODES. 3. THE BUILDING SHALL MEET ALL FIRE CODES. 4. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT. 5. EXTERIOR SIGNAGE SHALL NOT EXCEED SIX(6) SQUARE FEET. 6. NO MORE THAN 22 ANIMAL UNITS SHALL BE ALLOWED ON THE PROPERTY. 7. THE MANURE MANAGEMENT PLAN SHALL BE FOLLOWED AS RECOMMENDED BY THE ENVIRONMENTAL ADMINISTRATOR. 8. ALL MANURE (SOLID OR LIQUID) SHALL BE DISPOSED OF OFF-SITE IN ACCORDANCE WITH MPCA REGULATIONS. 9. IF THE CITY FINDS THAT THE MANURE AND OTHER WASTE MATERIALS CREATE A NUISANCE BY ATTRACTING FLIES, OTHER INSECTS, RODENTS, OR BY CREATING OFFENSIVE ODORS,THE CITY MAY ORDER THAT THE MANURE AND OTHER WASTE MATERIALS BE REMOVED ON A MORE FREQUENT SCHEDULE. 10. A 50 FOOT VEGETATED BUFFER ALONG WETLANDS IS REQUIRED. • Planning Commission Minutes Page 4 November 13,2012 11. THE KEEPING OF LIVESTOCK(FENCES) MUST BE SETBACK AT LEAST FIVE FEET FROM ANY PROPERTY LINE. • 12. ANY USE BEYOND HORSE BOARDING,RETAIL SALES OF GOAT MILK PRODUCTS OR SUSTAINABLE FARM CRAFTED FOOD GOODS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. MOTION CARRIED 6-0. 4.3 Request by Spectrum High School for Conditional Use Permit for Athletic Complex at 10129 181st Avenue NW,Public Hearing— Case No.CU 12-21 Mr.Barnhart reviewed the staff report. Staff recommended approval of the request with the four conditions listed in the staff report. Chair Anderson opened the public hearing. Rick Peterson,Athletic Director for Spectrum School,stated that the school is a college preparatory charter school serving over 500 families. He noted that they have recently added varsity sports. He explained that the proposed field complex will only be a short 5- minute bus ride. He expressed his appreciation working with staff on the project. Mr. Peterson stated that Paul Paige of HKgi was present to answer questions. Chair Anderson asked if water and sewer was available to the property Mr.Rick Foster, owner of the property,stated that both sewer and water are within 100 feet and were used for the temporary classrooms formerly at this site. There being no further public comment,Chair Anderson closed the public hearing. • Commissioner Konietzko asked what the parking requirements will be for the field house. Mr.Barnhart stated that information is not known at this time. MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APROVAL OF THE REQUEST BY SPECTRUM HIGH SCHOOL FOR A CONDITIONAL USE PERMIT FOR AN ATHLETIC COMPLEX AT 10129 181ST AVENUE NW,WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS,INCLUDING BUT NOT LIMITED TO WATER CONNECTION, BUILDING, GRADING. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. 3. A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 4. NO CHANGE TO THE FLOOD PLAIN IS PERMITTED. MOTION CARRIED 6-0. • Planning Commission Minutes Page 5 November 13,2012 4.4 Request by Cornerstone Auto for PreliminaryPlat Approval(Jabez).Public Hearing—Case • No.P 12-04 Staff report byJeremyBarnhart. Mr.Barnhart reviewed details of the report. He stated that the conditions are consistent with those approved in 2006 and some of the requirements have been completed. Mr.Barnhart noted that the park dedication and surface water management fees for the two outlots are not due at this time. Staff recommended approval of the plat with the seven conditions outlined in the staff report. Chair Anderson opened the public hearing. Steve Rohlf,representing the applicant,stated that a number of fire hydrants were put in per the 2006 site plan approval and he would object to being required to put in more. There being no one else wishing to speak,Chair Anderson closed the public hearing. Commissioner Westberg asked for clarification on the fire hydrant issue mentioned by Mr. Rohlf. Mr.Barnhart stated that he did not see any reason that more hydrants would be required,but the condition is necessary in the event they are. MOTION BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REQUEST BY CORNERSTONE AUTO FOR PRELIMINARY PLAT APPROVAL OF JABEZ WITH THE FOLLOWING CONDITIONS: 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.22 FEET SHALL BE PROVIDED ALONG 171ST AVENUE AS SHOWN ON THE DRAWING. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 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. A SURFACE WATER MANAGEMENT FEE FOR LOT 1 SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING (CURRENTLY$1,214 PER ACRE OR$21,524.22 TOTAL). SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE RELEASED FOR RECORDING AT THE RATE ESTABLISHED AT THAT TIME. 5. A PARK DEDICATION FEE SHALL BE PAID FOR 8.05 ACRES AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING(CURRENTLY 7,444 PER ACRE, OR$59,924.20 TOTAL). PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE RELEASED FOR RECORDING AT THE RATE ESTABLISHED AT THE TIME. 11111 Planning Commission Minutes Page 6 November 13,2012 6. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE • PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE)AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 7. THIS APPROVAL OF THE PRELIMINARY PLAT SHALL EXPIRE AFTER 1 YEAR,UNLESS THE PROPERTY OWNER OR OWNER'S AGENT HAS RECORDED THE FINAL PLAT OR RECEIVED AN EXTENSION. MOTION CARRIED 6-0. 4.5 Request by Cornerstone Auto (17219 Highway 10) for Conditional Use Permit for Expansion,Public Hearing—Case No.CU 12-20 Staff report by Jeremy Barnhart. Chair Anderson opened the public hearing. Steve Rohlf stated that his comment regarding the fire hydrants applies to this application as welL He noted that the landscaping plans shows more trees have been planted than was required in 2006. Commissioner Keller stated that if the current code requires more hydrants,the applicant will need to put them in. Mr.Rohlf stated that he understands if the code requires more,he does not object;he would only object if it were required for other reasons. There being no other public comment,Chair Anderson closed the public hearing. 4110 MOTION BY COMMISSIONER BELL AND SECONDED BY COMMISSIONER KONIETZKO TO RECOMMEND APPROVAL OF THE REQUEST BY CORNERSTONE AUTO FOR A CONDITIONAL USE PERMIT FOR A BUILDING EXPANSION AT 17219 HIGHWAY 10 AS ILLUSTRATED ON THE FOLLOWING DRAWINGS: • BUILDING ELEVATIONS DATED OCTOBER 25,2012, SHEET A4 • OVERALL SITE PLAN DATED OCTOBER 25,2012, SHEET Al • OVERALL FLOOR PLAN DATED OCTOBER 25,2012, SHEET A2 • LANDSCAPING PLAN(TO BE DISTRIBUTED AT PLANNING COMMISSION MEETING) AND WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. 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. 3. LANDSCAPING PLAN ILLUSTRATED ON PLANS DATED (TBD) 4. THE SIGN PACKAGE IS NOT APPROVED • Planning Commission Minutes Page 7 November 13,2012 5. THE PLAT SHALL BE RECORDED AND FEES PAID PRIOR TO RELEASE OF THE BUILDING PERMIT. MOTION CARRIED 6-0. 5. General Business 6. Adjournment There being no further business,COMMISSIONER BELL MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:28 p.m. Minutes prepared by Debbie Huebner. / Tina ty Clerk Dana Anderson Planning Commission Chair • •