Loading...
03-28-2017 PC MIN --Elk ,� Meeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, March 28, 2017 Members Present: Chair Johnson, Commissioners Mark Konietzko,Jill Larson-Vito,Robert Rydberg,Alexander Feinstein,Mike Nicholas, and Brad Thiel Members Absent: None Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Sr.,Planner BrieAnna Simon,Administrative Assistant/Recording Secretary Debbie Huebner Also Present: Councilmember Jennifer Wagner, Council Liaison I. 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 Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider March 28, 2017, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to approve the March 28, 2017, Planning Commission agenda. Motion carried 7-0. 4.1 Consider Minutes Moved by Commissioner Konietzko seconded by Commissioner Feinstein to approve the January 24, 2017, Regular Planning Commission Minutes. Motion carried 7-0. Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to approve the February 28, 2017,Workshop Meeting Minutes. Motion carried 7-0. 5.1 Election of Chair Moved by Commissioner Larson-Vito and seconded by Commissioner Rydberg to elect Eric Johnson Planning Commission Chair. Motion carried 7-0. Planning Commission Minutes Page 2 March,28,2017 5.2 Election of Vice Chair Moved by Commissioner Konietzko and seconded by Chair Johnson to elect Jill Larson-Vito Planning Commission Vice-Chair. Motion carried 7-0. 6.1 Spectrum High School — 17823 Industrial Circle NW • Conditional Use Permit to establish institutional use, Case No. CU 17-07 Mr. Carlton presented the staff report. Staff recommended approval of the CUP with the 5 conditions listed in the staff report. Chair Johnson opened the public hearing. Dan DeByurn,incoming Executive Director for Spectrum School,introduced Vanessta Spark and Rick Peterson. He stated he was present to answer questions. He stated that he feels that Spectrum School has had a tremendous positive impact on the community. There being no further public comment, Chair Johnson closed the public hearing. Chair Johnson stated that he supported the request, since there have been subsequent requests approved by the City Council, since their initial move to the business park. Commissioner Thiel stated that he did not feel the various issues with the school have been addressed and did not support the request. Mr. Carlton noted that the one concern with the previous application was that existing users would be displaced. He noted that since this space is vacant, staff does not have that level of concern. Commissioner Larson-Vito stated that while the original decision to amend the ordinance to allow institutional uses in a business park was a mistake, she would be more inclined to support this use now since it is already established. She did not feel there should be any future institutional uses allowed as they would be detrimental to the business park. Moved by Commissioner Konietzko and seconded by Commissioner Feinstein the recommend approval of the request by Spectrum High School for a CUP to establish an institutional use at 17823 Industrial Circle NW. Motion carried 6-1. Commissioner Thiel opposed. 6.2 Briggs Companies— 6' Street and Jackson Avenue NW • Zone Change from RI c (Single Family Residential) to R2b (Two Family Residential), Case No. ZC 17-02 • Conditional Use Permit to establish a PUD for an apartment building, Case No. CU 17-04 Planning Commission Minutes Page 3 March 28,2017 The staff report was presented by Zack Carlton. Staff recommended approval of the zone change and CUP with the 5 conditions listed in the staff report. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson closed the public hearing. Moved by Commissioner Larson-Vito and seconded by Commissioner Konietzko to recommend approval of the zone change request by Briggs Companies from R4 Multi-Family Residential to PUD Planned Unit Development. Motion carried 7-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas to recommend approval of the request by Briggs Companies for a CUP to establish a PUD for an apartment building, Case No. CU 17-04,with the following conditions: • Approval of the CUP does not constitute building permit approval. The applicant must apply for and receive approval of a building permit before construction may begin. • The CUP will not be recorded until the Zone Change has been filed with the county. • Staff approval of updated landscape,grading, storm water, site plans, and building elevations. • A PUD agreement shall be drafted and approved by the City Council prior to issuance of a building permit. • If the proposed work described in the application and CUP has not been substantially completed within two years after the CUP date of issuance, the permit shall expire and become void. Motion carried 7-0. 6.3 Dale Beaudry— 6 17 Xenia Avenue NW • Zone Change from R I (Single Family Residential) to R2b (Two Family Residential), Case No. ZC I7-02 The staff report was presented by Chris Leeseberg. Staff recommended approval of the request with the 3 conditions listed in the staff report. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to recommend approval of the request by Dale Beaudry for a zone change from R1c (Single Family Residential) to R2b (Two Family Residential). Motion carried 7-0. Planning Commission Minutes Page 4 March 28,2017 6.4 Cheapest Cars Ever LLC — 17242 Ulysses Street NW • Conditional Use Permit to establish an auto sales use, Case No. CU 17-06 The staff report was presented by Chris Leeseberg. Staff recommended approval of the request with the 8 conditions in the staff report. Chair Johnson opened the public hearing. There being no one to speak to the issue, Chair Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the request by Cheapest Cars Ever LLC for a Conditional Use Permit to establish an auto sales use, Case No. CU 17-06. Motion carried 7-0. 6.5 Beaudry Oil/Truck Shop — 620, 634 Quinn Ave. & 623 & 633 Proctor Ave. • A. Zone Change from C4 Community Commercial to 12 Medium Industrial, Case No. ZC 17-03 • B. Preliminary Plat review of New Resources Addition, Case No. P 17-03 • C. Conditional Use Permit to establish a truck storage, maintenance, and repair facility, Case No. CU 17-08 Mr. Leeseberg stated that the applicant has requested that this item be postponed to the April 25,2017 Planning Commission meeting. Chair Johnson opened the public hearing. Wayne Scott, 707 Proctor Avenue—asked what type of road project is proposed, how his property would be affected, and why the application is being postponed. Mr. Leeseberg explained that staff and the applicant are looking at options for traffic in the this area to take into account Sherburne County's plans for a designated right turn lane for Highway 10 on Proctor Avenue and commercial development of this site. Barb Miracle, 1234 6`''Street NW—asked how she will be impacted by the parking of semis in the proposed location. She noted that she and another person are the only two people that own their homes in this area, and the other properties are all owned by Beaudry. Chair Johnson continued the public hearing for this matter to the April 25, 2017 Planning Commission meeting. 6.6 Michael Swanson — 21310 Brook Road NW • Conditional Use Permit to allow an increase to the number of horses permitted on a residential property, Case No. CU 17-09 The staff report was presented by BrieAnna Simon. Ms. Simon explained that the applicant and staff have agreed to delay this application to provide the time needed to complete the Planning Commission Minutes Page 5 March 28,2017 required wetland delineation. The applicant has requested that the review period be extended to August 25, 2017. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson closed the public hearing. 6.7 Outfront Media/John Bodger— 18050 Zane Street NW • Conditional Use Permit for a Digital Changeable Copy Sign, Case No. CU 17-05 The staff report was presented by BrieAnna Simon. Staff recommended approval of the request with the 4 conditions listed in the staff report. Chair Johnson opened the public hearing. John Bodger, 815 Highway 169,Plymouth,MN,applicant—Stated that staff did a good job in working with him on his application and agreed with the conditions. There being no further public comment, Chair Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to recommend approval of the request by Outfront Media/John Bodger for a Conditional Use Permit for a digital changeable copy sign,with following conditions: 1. The CUP shall not be recorded until conditions three and four have been satisfied. 2. The CUP is not a building permit and all required sign permits must be approved by the building department prior to any construction activities on site. 3. Staff approval of the final survey and sign location. 4. Staff approval of landscaped plans and specifications outlining compliance with the standards set forth in Sec. 30-871(8). Motion carried 7-0. 6.8 City of Elk River— Ordinance Amendment BrieAnna Simon presented the staff report. Commissioner Rydberg asked for clarification on the language requiring the coop to be elevated 12-24 inches off the ground, and if this applied to the run as well. Ms. Simon stated only the coop would need to be off the ground. Commissioner Larson-Vito stated she did not see a regulation against slaughtering chickens in the actual proposed ordinance, only in the recommendations. Ms. Simon stated that prohibiting slaughtering will be added to the ordinance. Commissioner Thiel asked if inspections will be required to see that structures are maintained. Ms. Simon stated that inspections will be done every two years. Chair Johnson Planning Commission Minutes Page 6 March 28,2017 asked what happens if an issue arises between inspections. Mr. Simon stated that any further action would be complaint-driven or as noticed by staff. Councilmember Wagner asked who would do the inspections. Mr. Carlton stated that planning staff would make the first inspection and subsequent inspections would be handled by code enforcement staff. Councilmember Wagner asked if any of the other cities that were surveyed experienced an impact on property values by allowing chickens. Mr. Carlton stated no, that was not mentioned. Councilmember Wagner stated that there are a number of developments that have homeowners associations and asked if they could be more restrictive than the city's ordinance. Mr. Carlton stated yes, they could be more restrictive, but not less restrictive. Councihmember Wagner asked if other cities passed on any information they have learned since adopting their ordinances. Ms. Simon stated that a couple cities stated they had an issue of animals running at large and had to involve animal control.Also, some of the cities noted that initially there was high interest in raising chickens,but that the interest dropped off quite a bit after a year or two. Councilmember Wagner asked what happens when people lose interest. Ms. Simon stated that they would prepare a one-page handout stating what people should expect. Mr. Carlton noted that he is aware of a rescue site called Chicken Run in Minneapolis, so apparently this can become an issue when people become tired of raising chickens. Commissioner Thiel asked what would happen to the coops and runs when people lose interest. He expressed concern that keeping chickens could attract wildlife/predators. He felt odor would need to be addressed, depending upon the lot size. Commissioner Rydberg stated that he felt that the proximity to pedestrian and public use areas should be considered in the permitting process. Chair Johnson stated that attracting predators could be a concern for the neighbors. He asked if the permit fee was in line with other cities. Ms. Simon stated that the fees in the cities surveyed ranged from$30 to $50. Chair Johnson suggested the chicken area be screened with opaque fencing. Commissioner Larson-Vito stated she opposed creating a financial burden to raise a few chickens. Commissioner Nicholas stated that he did not feel the yard should require opaque fencing. Commissioner Rydberg asked if other cities noticed an effect on property values. Ms. Simon stated she did not ask that specific question but she could ask the communities which were surveyed. Commissioner Feinstein asked if staff had concerns with compliance issues. Ms. Simon stated that there are other sections of the city's ordinance that address enforcement. Commissioner Rydberg asked what is the maximum number of chickens that would be allowed on the smaller lots. Ms. Simon stated that the smallest lots could have 4 chickens. Planning Commission Minutes Page 7 March 28,2017 Councilmember Wagner asked how the size of the chicken coops would be regulated. Ms. Simon explained that typical lots are allowed 1,200 square feet of accessory structure including attached and detached,and that only 2 detached structures are allowed. The maximum number of detached structures allowed on large lots is 4. Councilmember Wagner asked if the property owner would be required to take down the coop if it was no longer in use. Ms. Simon stated no,it would be the same as any other detached structure. Discussion followed regarding opaque fencing of the coops and runs. It was the consensus of the Commission that requiring opaque fencing of the coops or runs themselves would defeat the purpose of raising free-range/cage-free chickens. Further discussion followed regarding multi-family residences. It was the consensus that raising chickens would not be an option for multi-family or two-family residential. Chair Johnson opened the public hearing. Dan Cooper, 17869 Lincoln Street NW, stated that he lived on a 1-acre lot and had chickens. He stated that opaque fencing would not be conducive to healthy chickens. He stated that he did not feel fencing was necessary on his approximately 1 acre lot which backs up to park land. He stated that if fencing were required,he could build one for about$200 if he did all the work himself. Mr. Cooper discussed the benefits of raising chickens. He stated that an opaque fence would be too expensive and would cost$900 or more. Mr. Cooper asked why compliance checks are being proposed, as the only city that requires them is Hastings. He stated that there are no compliance checks for dogs and their kennels/shelters and felt this would be unfair since their chickens are pets. Mr. Cooper stated that Elk River's ordinance as proposed would be the second most restrictive of all of the cities allowing this use. Greg Wierschke, 19227 Yale Street NW, stated he has had the opportunity to raise chicken near a residential neighborhood on the Burandt property for the last four years. He stated that he has found the best shelter to be 8'x 8'x 2'. He stated he only has had one predator problem in that time. Mr.Wierschke suggested that applicants provide an invoice that the states the chickens were purchased from a hatchery registered with the government, to ensure they are disease-free. He stated that his runs and coops are portable and can be taken apart and moved. He stated that the permanent structures being discussed would cost$900 - $1,000 and his cost$200- $500. He stated that the chickens can be kept safe and away from view. Lori Richard, 14381 190th Ave NW, stated that the number of chickens per lot size needs to be reconsidered. She stated that 4 chickens are not very many and small properties could easily accommodate more than 4, since they don't take up much room. She stated she raises chickens and has no problems with animals. She stated that locking up the chickens in the coop at night prevents predators from coming around. She felt that a 1-acre lot could easily accommodate 10— 14 chickens. There being no further public comment, Chair Johnson closed the public hearing. Commissioner Rydberg suggested that some research could be done on disease issues. He stated he was in favor of postponing this amendment to next month's Planning Commission Planning Commission Minutes Page 8 March 28,2017 meeting. Chair Johnson suggested maybe more information could be gathered regarding any complaints about chickens, fencing and coop design. Commissioner Rydberg stated that trying to regulate design could"open up a can of worms" down the road that the city would have to deal with. He stated that the city does not get involved in dog house design and this would be similar. Chair Johnson suggested taking out the word"opaque". Discussion followed regarding lot sizes, setbacks, fencing,whether or not to require a building permit, and number of chickens. Commissioner Larson-Vito stated she would rather see a nice chicken coop built than a fence, since fences don't foster good neighborhoods/communities. Mr.Leeseberg noted that requiring a building permit means additional costs. In addition to the permit cost, there would be additional costs since the structure would then require a foundation,meet wind load and snow load, etc. Commissioner Larson-Vito suggested a building permit not be required,just some requirements through the chicken permitting process. Councilmember Wagner stated that she was not worried about the 1-acre plus lots,but more so the 1/4 acre or less size lots. She noted that coyotes are an issue in her neighborhood. She suggested that maybe the 1-acre plus size lots have a different set of requirements. She stated that she could see requests coming in next for pigs,goats, llamas, etc. She stated that they have to take into consideration the remaining 23,000 plus residents who do not want to raise chickens. She stated that she felt the 1/2 acre lots are better suited to raising chickens. Motion by Commissioner Rydberg and seconded by Commissioner Nicholas to continue the proposed ordinance amendment the April 25,2017 Planning Commission meeting. Motion carried 7-0. 7.1 City of Elk River— Ordinance Amendment Mr. Carlton reviewed the proposed ordinance amendment regarding wetland setbacks and wetland buffer setbacks. Moved by Commissioner Konietzko and seconded by Commissioner Larson-Vito to recommend approval of the proposed ordinance to reduce the wetland setback requirements for fencing and maintained turf on parcels platted prior to June 19, 2006. Motion carried 7-0. 8.1 City Council Liaison Update Councilmember Wagner stated there were no updates and that she would take the Planning Commissioners'input to the City Council for the planning items reviewed tonight. Planning Commission Minutes Page 9 March 28,2017 9. Adjournment The meetixigadjourned at 8:20 p.m. / !' Tina Allard Ci Clerk i /OrrJohnson, Chair Planning Commission