11-23-2004 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, NOVEMBER 23,2004
Members Present:
Chair Ropp, Commissioners Lemke, Offerman, Stevens, Scott and
Westgaard. Commissioner Anderson arrived at 6:36 p.m.
Members Absent:
None
Staff Present:
Michele McPherson, Director of Planning; Scott Harlicker, Senior
Planner; Chris Leeseberg, 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 Ropp.
2. Consider 11/23/04 Planning Commission Agenda
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE THE NOVEMBER 23,2004
PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0.
3.
Consider 10126/04 Planning Commission Minutes
MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY
COMMISSIONER OFFERMAN TO APPROVE THE OCTOBER 26, 2004
MINUTES WITH THE FOLOWING CORRECTIONS:
ITEM #6.5. - IT SHOULD BE NOTED THAT COMMISSIONER STEVENS
STEPPED DOWN FROM DISCUSSION ON THIS ITEM DUE TO A
CONFLICT OF INTEREST. THE VOTE SHOULD ON THE MOTION
CARRIED 6-0.
MOTION CARRIED 6-0.
4. Planning Commission Representative to Attend 12120104 City Council Meeting
Commissioner Westgaard will attend the December 20, 2004 City Council meeting.
5.1. Request by Kevin/Kyleen Reiners for Ordinance Amendment Regarding Accessory
Structure Area in the Rural Residential Zoning District. Public Hearing - Case No. OA 04-
06
Commissioner Anderson arrived at this time (6:36 p.m.)
Staff report presented by Planner Chris Leeseberg. The applicant requests an amendment to
the City's ordinance regarding accessory structure sizes, and an amendment regarding the
number of agricultural animals allowed on parcels five acres or greater in size. Mr.
Leeseberg explained the three conditions which staff feels support an increase in the
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Planning Commission Minutes
November 23, 2004
Page 2
accessory structure sizes. He stated that the proposed increases are based on a percentage of
lot coverage. Mr. Leeseberg explained that the number of animals is proposed to be
increased to no more than twice what is currently allowed, provided there is an approved
manure management plan following the MN Pollution O:mtrol Agency Technical Guidelines
for Manure Management and Applications, and a conditional use pennit.
Commissioner Stevens asked if there will be a limit on the number of accessory buildings on
parcels over five acres. Mr. Leeseberg stated that no more than two detached accessory
structures are allowed on parcels five acres in size, up to 40 acres. Commissioner Offerman
asked why there is no limit on the number of detached accessory structures for parcels over
40 acres in size. Mr. Leeseberg stated that these parcels are often farmsteads and require
more buildings.
Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed
the public hearing.
MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE
PROPOSED CHANGES TO SECTION 30-793 REGARDING ACCESSORY
STSRUCTURE SIZES AND SECTION 30-803 REGARDING AGRICULTURAL
ANIMALS, CASE NO. OA 04-06. MOTION CARRIED 7-0.
5.2.
Request by Kevin/Kyleen Reiners for Conditional Use Pennit for NARHA Riding &
Equestrian Learning Center. Public Hearing - Case No. CO 04-34
Staff report presented by Planner Chris Leeseberg. The appli~ant requests a conditional use
pennit to operate an equestrian learning center at 21554 Meadowvale Road. Mr. Leeseberg
reviewed the size of the property, location of wetlands, house and mound system, proposed
center and corrals, and crop land. He then reviewed the number of children that will use the
facility, number of employees, and hours of operation. Mr. Leeseberg noted that the
applicant proposes to rotate hay/alfalfa mix and com on the cropland and then spread a
portion of the manure on it. In order to provide ~ acre of pasture land per horse, 12 acres
of the cropland will be required for this purpose. Mr. Leeseberg reviewed parking issues,
and environmental concerns regarding storage of the manure. Staff recommends approval
of the request with the fourteen conditions listed in the staff report dated November 23,
2004.
Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed
the public hearing.
Chair Ropp asked how the details of the conditions would be enforced. Mr. Leeseberg
stated that typically, enforcement is based on receiving a complaint.
Commissioner Stevens asked how the number of sessions addressed in Conditions # 2 and
# 3 were detennined. Mr. Leeseberg stated that theses numbers were provided by the
applicant.
MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE
REQUEST BY KEVIN/KYLEEN REINERS FORA CONDITIONAL USE
PERMIT FOR NARHA EQUESTRIAN LEARNING CENTER, WITH THE
FOLLOWING CONDITIONS:
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Planning Commission Minutes
November 23, 2004
Page 3
1. ALL COMMENTS OF THE ENVIRONMENTAL TECHNICIAN SHALL BE
ADDRESSED.
2. ONLY TWO (2) THERAPEUTIC RIDING SESSIONS AT A TIME SHALL
BE ALLOWED.
3. NO MORE THAN EIGHT (8) THERAPEUTIC RIDING SESSIONS PER
DAY SHALL BE ALLOWED.
4. THERAPEUTIC RIDING SESSIONS SHALL OCCUR ONLY IN THE
RIDING AND TRAINING ARENA.
5. NO MORE THAN 25 HORSES SHALL BE ALLOWED ON THE
PROPERTY.
6. ONE-HALF ACRE OF FENCED PASTURE LAND PER HORSE SHALL BE
PROVIDED AND INDICATED ON THE SITE PLAN.
7. NO MORE THAN 12 HORSES AT A TIME SHALL BE PASTURED.
8. NO MORE THAN 8 EMPLOYEES AND/OR VOLUNTEERS SHALL BE
ALLOWED ON SITE AT ONE TIME.
9. HOURS OF OPERATION SHALL BE BETWEEN 7:00 AM - 9:00 PM.
10. A DETAILED PARKING LAYOUT SHOWING THE ABILITY TO PARK 12
VEHICLES SHALL BE SUBMITTED.
11. MANURE SHALL BE STOCKPILED ON AN IMPERVIOUS SURFACE,
COVERED, WITH SIDE WALLS AS TO CONTAIN LIQUID AND
PREVENT RUN OFF.
12. MANURE SHALL NOT BE STOCKPILED OUTDOORS FOR MORE THAN
7 DAYS.
13. ALL MANURE (SOLID OR LIQUID) SHALL BE DISPOSED OF OFF-SITE
IN ACCORDANCE WITH MPCA REGULATIONS.
14. 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.
MOTION CARRIED 7-0.
5.3. Request by RJ Johnson on behalf of Elk River Aerie #3264 Fraternal Order of Eagles for
Conditional Use Permit for Private Club with On-Sale Liquor. Public Hearing - Case No.
CO 04-35
Staff report presented by Senior Planner Scott Harlicker. Mr. Harlicker reviewed the
location of the site, parking, utilities, signage, floor plan and landscaping. Staff recommends
approval of the conditional use permit with the five conditions listed in the staff report dated
November 23,2004.
Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed
the public hearing.
Commissioner Offerman asked if only members were allowed in the club. Mr. Harlicker
stated that he did not have that information.
MOTION BY COMMISSIONER ANDERSON AND SECONDED BY
COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE
REQUEST BY RJ JOHNSON ON BEHALF OF ELK RIVER AERIE #3264
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Planning Commission Minutes
November 23, 2004
Page 4
FRATERNAL ORDER OF EAGLES FORA CONDITIONAL USE PERMIT FOR
A PRIVATE CLUB WITH ON-SALE LIQUOR, CASE NO. CU 04-35, WITH THE
FOLLOWING CONDITIONS:
1. THE FREESTANDING SIGN ALONG 173RD SHALL BE REMOVED.
2. IF THE APPLICANT MODIFIES THE SIGN ALONG HIGHWAY 10,
OTHER THAN JUST CHANGING THE FACE, THE SIGN WILL HAVE TO
BE MOVED SO THAT IT COMPLIES WITH THE SETBACK
REQUIREMENTS.
3. THE APPLICANT SHALL WORK WITH THE BUILDING AND FIRE
DEPARTMENTS WITH REGARD TO ALL BUILDING AND FIRE CODES.
4. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED. AN
ADDITIONAL 10 TREES WILL BE REQUIRED. THE TREES SHALL BE
OVERS TORY TREES THAT COMPLY WITH THE LANDSCAPE
ORDINANCE.
5. THE APPLICANT SHALL APPLY FOR AN ON-SALE LIQUOR LICENSE.
MOTION CARRIED 7-0.
5.4.
Request by Bishop George H. Speltz Middle School for a Conditional Use Permit to
Operate a Catholic School, Public Hearing - Case No. CO 04-36
Staff report by Senior Planner Scott Harlicker. The applicant requests a conditional use
permit to operate a middle school at 555 Railroad Drive. He explained that they will utilize
the portion of the building formerly used by a Montessori School (approximately 2,200
square feet). Mr. Harlicker reviewed the floor plan, hours of operation, parking, play area,
and bus pickup/drop off location. He noted that a basketball hoop may be installed outside,
and that one of the rooms will be utilized for activities. The middle school proposes to
share gym space with one of the schools next year if additional students are added. Staff
recommends approval of the request.
Commissioner Westgaard asked how many students there would be in the school. Mr.
Harlicker stated that there will be approximately 20 students this year (grade 7), and an
additional 20 next year (grade 8). If grade 6 students are added, there would be a maximum
of 60 students.
Chair Ropp asked if there are any traffic concerns with this many students. Mr. Harlicker
stated that the students will be bussed to and from the site.
Commissioner Stevens asked if the school is associated with St. Andrew's School. A
representative for the applicant stated no, that the school is associated with the St. Cloud
Catholic Diocese.
Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed
the public hearing.
Commissioner Anderson asked if there would be room to add the sixth grade students. Mr.
Harlicker stated that the applicant would need to either lease additional space, or move to
another location. Commissioner Stevens asked how many students are allowed by the
ordinance. Director of Planning McPherson stated that the occupancy is regulated by the
Building Code, and that the number of students would be determined by the church, up to
the amount allowed by the Code.
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Planning Commission Minutes
November 23, 2004
Page 5
MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE
REQUEST BY BISHOP GEORGE H. SPELTZ MIDDLE SCHOOL FORA
CONDITIONAL USE PERMIT TO PERATE A CATHOLIC SCHOOL, CASE
NO. CU 04-36. MOTION CARRIED 7-0.
6.1.
Update on 11/15/04 City G:mncil Meeting
Commissioner Offerman provided an update on the November 15, 2004 City Council
meetmg.
8. Adiournment
There being no further business, MOVED BY COMMISSIONER STEVENS AND
SECONDED BY COMMISSIONER ANDERSON TO ADJOURN THE
MEETING. MOTION CARRIED 7-0.
The meeting of the Elk River Planning Commission adjourned at 7: 15 p.m.
Respectfully submitted,
/JJt.u ~
Debbie Huebner
Recording Secretary