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04-26-2005 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 26, 2005 Members Present: Chair Anderson, Lemke, Offerman, Ropp, Scott, Stevens and Westgaard Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Debbie Huebner, Recording Secretaty 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 4/26/05 Planning Commission Agenda MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE APRIL 26,2005 PlANNING COMMISSION AGENDA MOTION CARRIED 7-0. 3.1. Consider 3/22/05 Planning Commission Minutes MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE MARCH 22, 2005 MINUTES WITH THE CHANGES TO ITEM 5.4. AND 5.6. AS NOTED BY COMMISSIONER STEVENS. MOTION CARRIED 7-0. 3.2. Consider 4/12/05 Planning Commission Workshop Meeting Notes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE APRIL 12,2005 MEETING NOTES. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend May City Council Meeting Commissioner Lemke will attend the May 16, 2005 City Council meeting. 5.1. Request by Anderson-Johnson Associates. Inc. for Conditional Use Permit to Construct Elementaty School. Public Hearing - Case No. CU 05-08 Senior Planner Scott Harlicker reviewed the request by Anderson Johnson Associates for a conditional use permit to construct an elementaty school in the River Park subdivision. He discussed the location of the proposed facility and athletic fields, parking and access issues, landscaping, and building elevations. Mr. Harlicker noted that the design capacity of the school is 750 students. Staff recommends approval of the request with the two conditions noted in the staff report. . . . Planning Commission Minutes April 26, 2005 Page 2 Commissioner Ropp if the loop around the tot lot is a road or a trail. Mr. Harlicker stated that it is a sidewalk trail. Commissioner Stevens asked if the applicant would be required to meet the new wedand buffer setback requirements being proposed. Mr. Harlicker stated that the ordinance has not yet been approved. Commissioner Stevens asked if any other wedand areas are impacted, besides the one near the retaining wall. Mr. Harlicker stated no. Commissioner Stevens asked what is being proposed for the new wedand buffer setback. Mr. Harlicker stated that the setback is proposed to be 45 feet, with a 25 foot buffer zone. Commissioner Offerman asked if the fire lane will be open to vehicle traffic. Mr. Harlicker stated that the lane is restricted to use by emergency vehicles only. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. Commissioner Westgaard asked if the applicant has had an opportunity to make the revisions proposed by staff. Mr. Pomeroy representing Anderson-Johnson stated that City Engineer T eny Maurer's concerns have generally been addressed through emails, but formal changes have not yet been made in the plans. Mr. Harlicker stated that staff feels the changes can be worked out with the applicant's engineers. Chair Anderson asked when the school is expected to be completed. Mr. Pomeroy stated that ideally, they will open in September 2006. He stated that the School District has just received the purchase agreement from Orrin Thompson and that issues still need to be worked out with them regarding drainage, access, screening, and grading. Commissioner Westgaard asked how construction of the school will tie into the plans for the reconstruction/realignment of County Road 40. Mr. Harlicker stated that construction will need to be coordinated with the plans for County Road 40. Ms. McPherson stated that staff has had several meetings with the School District and Orrin Thompson to discuss this issue. She noted that the school will be accessed from the realigned County Road 40 when the road construction is complete, but that safe access can temporarily be provided in the interim via County Road 13. Chair Anderson asked if city services will extend up to County Road 40. Ms. McPherson stated no, and that services will be provided to this development by the main spline of the development from the south. Chair Anderson felt that access onto County Road 13 would be less than ideal. Ms. McPherson stated that a turn lane would need to be constructed, and that the City would work with the County to make that happen. Chair Anderson asked where the temporary access would be located. Ms. McPherson stated that the access would be in the location of the current gravel road. Commissioner Offerman asked who will pay for the improvements. Dr. Ron Bratlie, Director of Special Projects for District #728, explained that these issues still under discussion. He stated that staff is expecting a letter from the School District by the end of the week regarding these issues, as the final plat is scheduled for the May 2nd City Council meeting. Ms. McPherson stated that most of these issues are private between the School District and Orrin Thompson. Commissioner Offerman stated he felt approval of the conditional use permit was premature. Ms. McPherson stated that the applicant clearly . . . Planning Commission Minutes April 26, 2005 Page 3 understands that their approval is contingent upon approval of the final plat and the Gty Council's position. She explained that the issue before the Planning Commission is separate from the plat issues which will be dealt with by the Gty Council. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE REQUEST BY ANDERSON-JOHNSON ASSOCIATES FORA CONDITIONAL USE PERMIT TO CONSTRUCT AN ELEMENTARY SCHOOL IN RIVER PARK ADDITION, CASE NO. CU 05-08 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE LANDSCAPE PLAN SHALL BE AMENDED TO REFLECT STAFF COMMENTS. MOTION CARRIED 7-0. 5.2. Request by Independent School District #728 for an Interim Use Permit. Public Hearing - Case No. CU 05-09 Director of Planning Michele McPherson explained that District #728 was granted an Interim Use Permit in 2003 for six temporary trailers (12 classrooms) to expire June 2005. They are requesting an extension of the permit until June 2011 in order to address enrollment levels at the senior high school. She noted that the applicant's letter states that the temporary classrooms are needed due to overcrowding and failure of the recent referendum. The applicant has been notified of outstanding building code issues with their existing permit. Staff recommends approval of the request with the condition that the required corrections are made by the start of the 2005-2006 school year. Chair Anderson opened the public hearing. John Barth, representing District #728 - Stated he was present to answer questions. Commissioner Stevens asked what the projected enrollment was for 2005-2006. Mr. Barth stated that the school is designed for 1,600 students and 1,750 - 1775 students are anticipated. Commissioner Stevens asked if open enrollment is still allowed. Mr. Barth stated yes, that there are 50-60 students on open enrollment. Commissioner Stevens asked if the referendum included more classrooms. Mr. Barth stated that the gym was proposed to be remodeled to add 6-8 classrooms. Chair Anderson questioned why the School District needed the temporary classrooms until 2011. Mr. Barth stated that another referendum will not be proposed for 1 - 2 years, and that it may possibly take 3-4 years to complete the necessary classrooms. There being no one else to speak to this issue, Chair Anderson closed the public hearing. Commissioner Stevens stated that he felt the building code corrections were relatively minor issues, and did not understand why they were not dealt with in a timely manner. He stated he understood the need for the temporary classrooms and the putpose they served, but he had a problem with allowing them until 2011. He felt that two years was more appropriate for an interim use, not six years. . . . Planning Commission Minutes April 26, 2005 Page 4 Commissioner Lemke asked how long the school has had temporary classrooms. Mr. Barth stated that he cannot remember not having them. Commissioner Lemke stated that he is in favor of allowing the interim use for six years. He stated that the School District probably does not want the trailers either, but that there is a real need for them. Chair Anderson stated that landscaping is required for other uses. Commissioner Stevens concurred and questioned if other requirements are being avoided by the interim use. He asked if the School District would be able to move the trailers to another location. Ms. McPherson explained that the approval is for this specific site and they would need to re- apply if they wished to move them. She stated that a condition could be added which would clarify the end of the interim use, such as when additional classrooms are constructed. Commissioner Westgaard stated that he felt four years was an appropriate time period. He stated that if the referendum passed and construction begins before the end of the four years, the interim use permit would terminate. Chair Anderson felt it would be difficult to tie the termination of the interim use to the start of construction, since they may need to complete other components of the project first before the classrooms are constructed. Commissioner Ropp concurred. Commissioner Ropp stated he concurred with Commissioner Westgaard's suggestion for a four-year time period. Chair Anderson stated he felt six years was too long, since these types of units are not built to the highest standards and they have already been there over two years. He asked if used ones were originally put on the site. Ms. McPherson stated that used trailers were first placed on the site, but were removed and new ones were brought in. She noted that the structures meet the minimum standards of the building code. Chair Anderson stated he had concerns with the units being used for a long period of time and felt they should be inspected. Ms. McPherson stated that the Commission could add a condition that the units be inspected annually. She noted that the temporary trailers at VandenBerge were allowed without an interim use permit and are currendy being used for general storage. Commissioner Stevens asked if conditions could be included with this approval to deal with the VandenBerge trailers. Ms. McPherson stated that the issues related to the VandenBerge trailers would be resolved through building code requirements. Commissioner Lemke stated that he was in support of the School District's request for the six-year time frame. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY INDEPENDENT SCHOOL DISTRICT #728 FORAN EXTENSION TO THEIR INTERIM USE PERMIT TO ALLOW TEMPORARY CIASSRooMS AT THE SENIOR HIGH SCHOOL UNTIL JUNE 2008, CASE NO. CU 05-09, WITH THE FOLLOWING CONDITION: 1. THE APPLICANT SHALL MAKE THE CORRECTIONS NOTED ON THE CORRECTION NOTICE FROM THE ELK RIVER BUILDING DEPARTMENT DATED OCTOBER 10, 2003 BY THE START OF THE 2005-06 SCHOOL YEAR. . . . Planning Commission Minutes April 26, 2005 Page 5 2. THE TEMPORARY CLASSROOMS SHALL BE INSPECTED ANNUALLY. MOTION CARRIED 4-3. Commissioners Westgaard, Lemke and Scott opposed. 5.3. Request by City of Elk River for an Ordinance Amendment to Section 30-938. Public Hearing - Case No. OA 05-07 Senior Planner Scott Harlicker reviewed the changes proposed to Section 30-938 as discussed at the Planning Commission's workshop on Apri112, 2005. Commissioner Offerman asked what happens if a new material is proposed by an applicant. Mr. Harlicker stated that staff would need to make an interpretation as to whether or not the new material would be acceptable. Ms. McPherson noted that they would determine if the new material was comparable to one already on the list. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FORAN ORDINANCE AMENDMENT TO SECTION 30-938 AS NOTED IN THE STAFF REPORT TO THE PLANNING COMMISSION DATED APRIL 26, 2005. MOTION CARRIED 7-0. 6. Other Business - None 7. Adiournment There being no further business, MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 7:30 p.m. Respectfully submitted, IJ~~ Debbie Huebner Recording Secretary