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11-14-2000 PC MIN - SPECIAL . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 14,2000 Members Present: Chair Mesich. Commissioners Baker. Chambers Kuester and Schuster Members Absent: Commissioner Pederson Staff Present: Stephen Wensman. 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 6:56 p.m. by Chair Mesich. 2. Consider 11/14/00 Plannina Commission Aaenda COMMISSIONER KUESTER MOVED TO APPROVE THE NOVEMBER 14,2000 PLANNING COMMISSION AGENDA. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 9/26/00 Plannina Commission Minutes Chair Mesich stated that approval of the September 26. 2000 minutes will be postponed to the November 28. 2000 Planning Commission meeting. 4. Plannina Commission Representative to Attend November City Council Meetina Commissioner Baker will attend the November 20. 2000. City Council meeting. 5.1. Reauest bv Madison Marauette Realtv Services to Amend the Conditional Use Permit for Elk River Plaza 4th Addition to Allow Additional Wall Sianaae for NorthStar Access. Public Hearina - Case No. CU 00-39 Staff report by Steve Wensman. Madison Marquette requests an amendment to the conditional use permit for the PUD Agreement for Elk River Plaza 4th Addition to allow two wall signs for NorthStar Access (Lot 2. Block 1. Elk River Plaza 4th Addition). Mr. Wensman explained that Amendment #4 of the PUD Agreement limits tenants in multi-tenant buildings to one wall sign. He noted that other businesses in the mall all have signs on the front and rear of the building which were approved as part of the original PUD agreement in 1987. Staff does not believe it would be out of character or detrimental to allow Northstar Access additional signage and recommends approval of the request. . . . Planning Commission Minutes October 24, 2000 Page 2 Commissioner Baker asked what is being done regarding review of the sign ordinance. Mr. Wensman stated that he would need to check with Michele McPherson, Director of Planning, regarding that issue. He noted that regulation of signage in PUD's is established through the PUD agreement. Discussion followed regarding whether or not there may be additional tenants requiring signage on both sides of the building. Chair Mesich opened the public hearing. Wendy Aaesrud, representing Madison Marquette Realty Services, stated that there is a vacancy at the end of the building which will likely be leased as office space and only one sign would be necessary. Chair Mesich asked if parking would be a vailable for a tenant in this location. Ms. Aaesrud stated that parking was available. There being no further public comment. Chair Mesich closed the public hearing. Chair Mesich asked if the proposed sign meets the sign requirements. Steve Wensman explained that the applicant will be required to meet the sign regulations for the PUD in order for a sign permit to be issued. Commissioner Schuster arrived at this time (7: 1 0 p.m.) COMMISSIONER CHAMBERS MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY MADISON MARQUETTE TO AMEND THE CONDITIONAL USE PERMIT FOR ELK RIVER PLAZA 4TH ADDITION TO ALLOW TWO WALL SIGNS, CASE NO. CU 00-39. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Reauest bv Christine White for a Conditional Use Permit to Allow Horses on less than 5 acres (4.23 acres), Public Hearina - Case No. CU 00-40 Staff report by Steve Wensman. Christine White request a conditional use permit to keep horses in the R 1 a zoning district (20456 Meadowvale Road). Mr. Wensman explained that the property is 4.2 acres in size. The applicant intends to enclose a 160' x 730' area (2.68) acres with a fence for pasture. Mr. Wensman stated that County Ditch 28 crosses the rear of the property and staff has recommended that the ditch not be included in the fenced pasture. This would slightly reduce the pasture are to 2 acres. Staff recommends approval of the request with the four conditions listed in the staff report. Chair Mesich opened the public hearing. Chair Mesich as if the applicant had horses on the property now. Ms. White stated that she had one horse now which was boarded at her neighbors, John Tomlinson and Linda Allen, and she would be purchasing another. There being no further comments from the public, Chair Mesich closed the public hearing. Planning Commission Minutes October 24. 2000 Page 3 . Chair Mesich asked what type of fence would be placed around the pasture. Ms. White stated that she would be using electric fence. Chair Mesich asked if that would be a problem with children living next to it. Mr. Tomlinson. Ms. Allen. and the Peck's each stated that they did not have a problem with the electric fence. COMMISSIONER CHAMBERS MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CHRISTINE WHITE FOR A CONDITIONAL USE PERMIT TO KEEP A HORSE, CASE NO. CU 00-40, WITH THE FOLLOWING CONDITIONS: 1. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY AS REQUIRED BY CITY ORDINANCE. 2. THAT A BUILDING PERMIT BE OBTAINED FOR THE PROPOSED HORSE BARN. 3. THAT THE FENCE BE CONSTRUCTED TO CONFORM TO CITY ORDINANCE. 4. THAT ONLY ONE HORSE BE BOARDED ON THE PROPERTY. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Reauest bv Linda Allen & John Tomlinson for a Conditional Use Permit to allow a Private Kennel, Public Hearina - Case No. CU 00-41 . Staff report by Steve Wensman. Linda Allen and John Tomlinson are requesting a conditional use permit to allow a private kennel at 20460 Meadowvale Road (R 1 a Single Family Zoning District). The applicants property is 10.97 acres in size. Mr. Wensman stated that the applicants currently have four dogs that their children show for 4-H. The applicant intends to construct an outdoor kennel to house the dogs, adjacent to a pole building. The dogs will be bred every couple of years; however. they do not intend to increase the number of dogs kept on the premises. The proposed kennel will be 650 feet from the nearest residence. which is Christine White's residence. Mr. Wensman stated that he inspected the site a second time after receiving the letter from the Peck's (attached to staff report). Upon inspection he found horses. sheep. goats. a cow. and chickens in excess of what is allowed by City Ordinance for a 10.97 acre property. He noted that the applicants were unaware of the City's animal ordinance and were willing to work with staff to become compliant with the ordinance. Mr. Wensman stated that the applicant has since taken action to reduce the number of animals. except for a cow which they intend to have slaughtered next month. He noted that the issues of concern which were mentioned the staff report have also since been addressed. Staff recommends approval of the request with the conditions listed in the staff report. Chair Mesich opened the public hearing. Kim Peck, 14290 205th Avenue NW, stated that the applicants have since put up a fence to address their concerns regarding their dogs and they are happy with results. . John Tomlinson, applicant, noted that they intend to have their cow slaughtered at the end of November. rather than in the spring. Mr. Tomlinson explained that Planning Commission Minutes October 24, 2000 Page 4 . their dogs sleep in the entry at night, so they will not be spending a significant amount of time in the kennel. Steve Eckholm, 14199 202nd Avenue NW, neighbor to the south of the applicants, expressed his concern that there would be excessive barking if the applicants decided to have more dogs. Commissioner Baker asked the applicant how often he anticipated there would be litters of puppies on the premises. Mr. Tomlinson stated that they would likely be breeding no more than every two years. Ms. Peck stated that she has never heard the applicants' dogs barking. Chair Mesich felt that the conditions of the kennel license are very strict and would cover issues such as noise or odor. He noted that barking of dogs could also be addressed under the nuisance ordinance. There being no further comments from the public, Vice Chair Chambers closed the public hearing. Chair Mesich stated that he felt a definite number of feet should be stated in Condition No.4, regarding the area which is setback from the west property line. Ms. Peck stated the area is already defined by the fence that the applicants recently put up. She stated that the distance varies from 15 feet to 25 feet from the property line, due to the angle of the property line. . Chair Mesich expressed his concern that the applicant be limited to the number of dogs he may have, stated in Condition NO.5. He stated that he felt it was questionable if placing a limit on the number of dogs in a private kennel was allowed under the law. He stated that circumstances may sometimes warrant having more than the number allowed, such as when a dog becomes old and can no longer be shown or bred. The Commissioners discussed whether or not the condition should be changed. Ms. Peck asked if the applicant were allowed to keep more dogs, would he be allowed to expand the kennel. Mr. Tomlinson stated that he did not feel this was an issue, since he did not intend to have more than 4 dogs. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LINDA ALLEN AND JOHN TOMLINSON FOR A CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL WITH THE FOLLOWING CONDITIONS: . 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELLING. 2. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY AS REQUIRED BY CITY ORDINANCE. 3. THAT THE APPLICANT OBTAINS A PRIVATE KENNEL LICENSE FROM THE CITY. 4. THAT THE DOGS BE LIMITED TO AN AREA ON THE PROPERTY THAT IS SETBACK A MINIMUM OF 15 FEET FROM THE WEST PROPERTY LINE. 5. THAT THE THERE BE NO MORE THAN 4 ADULT DOGS KEPT ON THE PROPERTY. 6. THAT THE APPLICANTS COMPLY WITH THE ANIMAL ORDINANCE. . . . Planning Commission Minutes October 24, 2000 Page 5 COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-1. 6. Other Business 6.1. Uodate on October 16, 2000 City Council Meetina Chair Mesich provided an update on the October 16, 2000 City Council meeting. 6.2. Commissioner Chambers Item Commissioner Chambers stated that a local developer asked that he express his concerns regarding the development standards recently adopted by the City Council. The developer felt that the standards were too restrictive and the cost of implementing the standards would have a negative impact on development. 6.3. Tree Preservation Task Force Steve Wensman stated that the City Council has asked that a representative from the Planning Commission serve on the Tree Preservation Task Force. Commissioner Schuster volunteered to serve on the committee. 8. Adiournment Chair Mesich adjourned the meeting at 7:38 p.m. R;)C. tf~": sU:bmitted;: .. t~/-L {ltt<-t Ci--\fCu~~ Debbie Huebner Recording Secretary