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4.1. PC DRAFT MINUTES 04-27-2021 WA City of Elk Meeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday, March 23, 2021 Members Present: Acting Chair Brad Thiel, Commissioners Perry Beise,Alexander Feinstein, Eric Johnson, and John Jordan Members Absent: Chair Jill Larson-Vito Also Present: Councilmember/Liaison Mike Beyer Staff Present: Planning Manager Zack Carlton and Sr. Admin. Assistant/Recording Secretary Jennifer Green 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 Acting Chair Thiel. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider March 23, 2021, Planning Commission Agenda Moved by Commissioner Feinstein and seconded by Commissioner Beise to approve the March 23, 2021, Planning Commission agenda. Motion carried%- N 4. Consider February 23, 2021, Planning Commission Minutes Moved by Commissioner Rydberg and seconded by Commissioner Beise to approve the February 23, 2021, Planning Commission minutes. Motion carried 6-0. Consider March 4, 2021, Planning Commission Minutes Moved by Commissioner Jordan and seconded by Commissioner Beise to approve the March 4, 2021, Planning Commission minutes. Motion carried 6-0. Planning Commission Page 2 March 23,2021 ----------------------------- 5.1 Chair Acting Chair Thiel nominated the current Chair Jill Larson-Vito to continue serving as Chair of the Planning Commission. Moved by Acting Chair Thiel and seconded by Commissioner Johnson to elect Jill Larson-Vito as Planning Commission Chair effective April 27, 2021. Motion carried 6-0. 5.2. Vice-Chair Acting Chair Thiel indicated he was not interested in continuing to be Vice-Chair. Commissioner Johnson nominated Commissioner Perry Beise;as Acting Chair of the } Planning Commission. Moved by Commissioner Johnson and seconded by Commissioner Feinstein to elect Perry Beise as Planning Commission Vice-Chair effective April 27, 2021. Motion carried 6-0. 6.1 Lillian Soza— 14296 214" Ave. NW ■ Conditional Use Permit for agricultural animals, Case No. CU 21-04 Mr. Carlton presented th staff report: e applicant was available in the audience to answer any questions. He provided updated figures received earlier in the day that indicated the applicant would be utilizing 1,07 acres of fenced backyard for 2 goats,2 pigs, and 24 chickens,which totaled 1.29 animal units. Mr. Carlton stated the request exceeds the permitted amount by.12 acres and provided additional options available to the applicant: to provide a larger fenced area or maintain less animals. Mr. Carlton stated a third option would be to submit and follow a manure management plan following state guidelines, allowing the applicant to exceed the ordinance requirements by 2-1. He presented an updated plan received earlier in the day. He stated he would like to recommend the commission add a condition to address either updating the pasture size, submitting a manure management plan, or reducing the number of animal units to allow compliance with the ordinance. Commissioner Johnson asked for clarification on the need for additional conditions. Mr. Carlton explained and stated an additional condition could be having the applicant work with staff to address the deficiency by one of those three suggestions presented. He stated he spoke to the applicant before the meeting, and they indicated they would be looking to increase the proposed pasture area. Acting Chair Thiel opened the public hearing. 11t,41 A f U RE Planning Commission Page 3 March 23,2021 ----------------------------- Tim Mullen with wife Vickie, 14280 214"'Ave. NW, moved here in 2017 and live next door to the applicant. He stated while he understood and respected the applicant's proposal, he outlined his concerns with approval of the CUP that it will dramatically affect their property use and enjoyment. He was concerned with animal noise, odor,and how it may reduce their enjoyment of being outside on their patio. He also expressed concerns with safety regarding the pigs and asked if there would always be two pigs on the property or just for a few months out of the year. Lastly, he stated he was concerned with the CUP affecting his property value and future sale of his property and asked the Commission to recommend denial of the CUP. Carlos Soza, 14296 214"'Ave. NW,is the husband of the applicant and addressed the concerns that Mr. Mullen mentioned. He states he wishes to keep the neighbors happy and stay within the guidelines allowed by the,city and will do everything they can to address the concerns. He explained the goats they wish to keep are Nigerian dwarf goats, a smaller, quieter goat which will keep noise down. He stated they are trying to situate the animals away from the property lines and adjoining residents to minimize noise but indicates they also hear noise from other neighboring properties, such as dogs barking from a neighboring dog breeder and another neighbor who raises chickens. He explained they have small children so safety is a priority and will have a fenced in pen area within the fenced pasture to contain the pigs. He stated they are not planning on raising pigs year-round but will butcher them in the fall. He stated they wish to be self-sufficient, self-reliant but understands the concern of the neighbors and wants to maintain harmony with them. He said their goals are to teach their children where food comes from and how things work. Lastly,he addressed smells and how they will be planning to compost some of the manure and showed where they will locate this near the front of the property,reusing the rest of the manure to fertilize their crops. Commissioner Rydberg stated he appreciates the off-grid approach. He questioned why they moved from St. Michael and wondered if they were aware of the ordinance requirements in Elk River. He stated he was wrestling with allowing this CUP with conditions by making exceptions to the rules and does not want this approval to result in a domino effect by other property owner's similar requests. Mr. Soza stated they wanted to keep chickens in St. Michael, but it was not allowed on their .16 acres in St. Michael and they also ran into other ordinance restrictions. He stated he wasn't planning on getting pigs or goats when they moved to Elk River but they did want chickens. He explained going through the pandemic made them feel like they wanted to become self-reliant. He would like to know what the exception would be because he does not want to create a domino effect and thought they were doing what was already allowed on his property. Mr. Carlton explained the current ordinance does allow agricultural animals on lots in the R1a zoning district under 5 acres in size with a CUP. He stated properties 5 acres and over are allowed,under current ordinance, 1 animal per acre of fenced pasture land without a CUP. it-401 wEeEUo0 IYAR' Planning Commission Page 4 March 23,2021 ----------------------------- Commissioner Johnson asked if any of the properties surrounding the applicant's property were 5 acres in size. Mr. Carlton stated there was only one that he could identify that was over 5 acres. Commissioner Johnson asked about the ordinance addressing smells. Mr. Carlton indicated there were ordinances that addresses smells and those are also reviewed as part of the CUP to determine if the size of the property can handle the number of animal units requested and the waste generated, and then imposing conditions to address those concerns. Commissioner Rydberg asked the applicant if they are co m ortable with the conditions as proposed. *O:WF Mr. Soza indicate they were comfortable with conditions,wants: keep everyone happy, and if it meant no pigs, they would not raise pigs. ;VW ... There being no one else to speak,Acting Chair Thiel closed the public hearing. Commissioner Feinstein asked if there something that can be added to the conditions to trigger cancellation of,the ermit if the city receives complaints from the neighboring property owner Mr. Carlton stated he was not sure f "a coil' "tion trigger cancellation of the CUP and would have to consult with the city attorney for guidance on what language to use. He stated the commission could direct staff to draft language to be reviewed by the council meeting on April 19 that t number of complaints could trigger review of the permit Commissioner Rydberg stated if they went that route, the complaints would have to be validated and qualified. om mission Jordan asked if a temporary permit could be issued since a CUP goes with the property. Mr. Carlton indicated since this CUP process is an allowed use on the property,the Planning Commission could not put a limitation on it. Commissioner Jordan stated his concerns of the neighbor living east and the smells on a hot summer day. He stated pigs bother him but not goats and chickens. He said he appreciates what the applicant is trying to accomplish but suggested this type of activity be on five acres or more. Commissioner Rydberg stated he grew up on a farm and knows pigs can get ornery and smelly. He stated an additional problem that might need to be addressed with keeping pigs is an insect problem that could be solved within a manure management plan condition. p 0 W I H E 0 9T t-INA URE Planning Commission Page 5 March 23,2021 ----------------------------- Councilmember Beyer appreciate all the comments and stated his concern were opening the floodgates for other similar requests. Commissioner Johnson stated the appropriate measure would then be to amend the ordinance to not allow agricultural animals on less than five acres. He stated because it is currently an allowed use,it is not fair to say no to this applicant when it is already allowed. He stated he also appreciates what the applicant is trying to achieve. He stated there is a lot that can go wrong but there is a lot that can go right. He stated he is in favor of recommending approval of the CUP if the conditions imposed address any complaints. Acting Chair Thiel asked if there a scenario or a possibl to allow this practice without a CUP. Mr. Carlton stated the request requires a CUP. He reminded the commission the applicant was open to modifying the animal type and count if necessary. Commissioner Rydberg stated the Planning Commission can review and adjust the ordinance in the future. w - Commissioner Jordan stated he would recommend approval of the CUP if there was language drafted to address a certain number of complaints that would trigger review and possible revocation of the CUP. Moved by Commissioner Jordan and seconded by Commissioner Johnson to recommend approval of the Conditional Use Permit request by Lillian Soza for 2 goats, 2 pigs, and 24 chickens, which total 1.29 animal units, at 14296 214"Avenue NW with the following conditions to satisfy the standards set forth in Section 30-654: 1. Submit drawings/exhibits demonstrating compliance with Section 30- 803 (d). Agricultural fencing shall be installed three feet from adjacent properties. Work with staff to address the number of animals and the pasture size. 4. Work with the city attorney to draft language to address a certain number of complaints to initiate the revocation of the CUP. Motion carried 6-0. 6.2 Providence S&S LLC/Kenneth Jordan — 18990 Twin Lakes Rd. ■ Preliminary Plat of Tranquil Meadows for 25 residential lots, Case No. P 21- 03 Mr. Carlton presented the staff report. The applicant was available in the audience to answer questions. IN' ' wEe'fE'oReEr" Planning Commission Page 6 March 23,2021 ----------------------------- Acting Chair Thiel opened the public hearing. Dave Burandt, 19118 Tyler Street—stated he lives on the north side of the proposed development and asked if the city is taking his land to continue the trail and how wide the trail would be,requesting a 8'wide trail. Mr. Carlton stated at this time there is no proposal to construct the rest of the trail north of the proposed development,but it would be constructed within the right-of- way easement. He stated the proposed trail width of 10'is per city design standards. He explained future trails and connections are proposed when properties come in for development at this time, future connections are unknown. Jim Yothers - 19101 Tyler St.—stated his property is to the east of the proposed development and expressed construction noise concerns as well as drainage concerns and how it would affect his property, stating his land is low land. Mr. Carlton explained the development has stormwater standards they follow and are required to construct stormwater ponds to capture the water, so it doesn't affect adjacent properties. He stated whatever amount of"water that is leaving the property today cannot be exceeded after the project is completed. He indicated stormwater staff is reviewing these plans Vtkure compliancq,_ Ken Jordan— 18990 Twin Lakes Rd. —asked about the sidewalk along Tyler Street and wondered if it were necessary to have both a sidewalk and a trail. Mr. Carlton stattany p bsed sidewalks are installed internally in the development, so in this development the sidewalks would be on one side of the street along 190`' Street, st Ave., and Ulysses Street, and Tyler Street would just be a trail. Steve Rohlf- 12821 188"'Ave. —introduced himself as the developer along with his partner, Scott Powell, for this proposed project. He explained his ideas for a development with 65'lots and geared toward second time homeowners where they can afford a little more. He explained the stormwater plans will include wet ponds because the area is under wellhead protection. He didn't agree with the ordinance requirement of the 45' buffer requirements from stormwater ponds and wetlands as well as the sidewalk in Block 2 along 191"Ave and Ulysses Street, stating it wasn't arterial and wasn't needed for pedestrian circulation, stating it was a waste of money. Commissioner Rydberg asked Mr. Rohlf about the two culverts that empty onto Mr. Yother's property at 19101 Tyler Street. Mr. Rohlf indicated those are city culverts which are for water coming off Tyler Street and couldn't answer for the city. Mr. Burandt indicated there was one culvert when Tyler Street was constructed in 1908 and two culverts were installed when the road was rebuilt in 1989 to drain the water off the land and that water enters a culvert under Twin Lakes Road. it-401 wEeEUo0 IYAR' Planning Commission Page 7 March 23,2021 ----------------------------- There being no one else to speak,Acting Chair Thiel closed the public hearing. Acting Chair Thiel stated he supported the sidewalk requirements and felt they do serve a purpose to not only provide access to the trails but maintain safe pedestrian traffic, explaining his own experience of living in a development where he uses the sidewalks to walk a dog and access trails. Commissioner Johnson asked for clarification of how the city can require sidewalks on both sides of the street. Mr. Carlton stated it is at the city's discretion and determined by the city council to require sidewalks on both sides of the street and noted developments like Miske Meadows have sidewalks on both sides of the street,as.its is,a main trunk collector street. Commissioner Rydberg stated to Mr. Rohlfs point,there are neighborhoods in the city that do not have sidewalks and seem to work fine. Acting Chair Thiel stated he did not feel it was safe to traverse a neighborhood without a sidewalk. Commissioner Jordan stated he disagreed with Acting Chair Thiel, but he is personally ambivalent to sidewalks. He stated he lives in a neighborhood that is off the beaten path and do not have any issues walking their dog in the street. Commissioner Rydberg agreed with Commissioner Jordan and lives in a development with one sidewalk. He stated a trail cuts through and has not prevented anyone from navigating through the neighborhood. He does not feel a sidewalk should be mand 4W Commissioner Johnson explained he felt the sidewalks as proposed on tonight's drawing seems to make sense. Mr. Carlton stated the plan as presented this evening show sidewalks as proposed on 1901/2 Ave. NW and down Ulysses Street but not on the west side of 191"Ave. Moved by Commissioner Johnson and seconded by Commissioner Jordan to recommend approval of the Preliminary Plat of Tranquil Meadows with the following condition: 1. All comments on the Comment Letter dated March 8, 2021, shall be addressed. Motion carried 6-0. 111`41AWRE . . .. . . . . . . Planning Commission Page 8 March 23,2021 ----------------------------- 7. Council Liaison Update Councilmember Beyer provided an update to the Planning Commission about recent city council activities. 8. General Business There was no general business to report. ----------------------------- The Planning Commission recessed into work session and reconvened at 7:40 p.m. 9.1 Smith Storage — 10688 171St Ave NE ■ Concept Review for mini-storage units, Case No. CR 21-02 Mr. Carlton presented the staff report. Commissioner Rydberg asked if boats and trailers will be allowed outdoors to outdoor portion. Tim Smith, 13327 Island View Drive,was the applicant and indicated outdoor storage was just an idea right now, as there is not much currently offered in mini- storage sites. He was considering outdoor storage on either the southern or eastern side using a higher fence to buffer but was looking for their feedback before making any final requests. He stated there would be specific parking spots and stripes to allow for orderly parking. Acting Chair Thiel requested if outdoor storage was proposed it needed to be orderly and tidy. Commissioner Johnson stated he was opposed to outdoor storage due to the site being in a high traffic area and near the railway. Commissioner Jordan asked if there would be orange doors on the units. He stated he was opposed to orange doors and requested the color scheme be attractive to fit into the neighborhood. He explained since this wasn't proposed initially that residents in the area weren't expecting to live next to mini-storage. Commissioner Johnson asked what the Comprehensive Plan calls for on this property. Mr. Carlton indicated the updated plan is still under review but slated for commercial. Commissioner Jordan suggested trees and berming to block the view of the residents of the townhouses along 171"Avenue and Lane. �PUNEREUREO R1 �JART' Planning Commission Page 9 March 23,2021 ----------------------------- Acting Chair Thiel wondered if mini storage was the best use for this lot or would something else serve the commuters and residents living nearby such as food or coffee. He wondered also if the pandemic has affected the commuter traffic. Mr. Smith indicated as the owner of Dunn Brothers Coffee in Elk River, this is not a good spot for a coffee shop but felt storage would be better serving the residents in the area, especially the apartment dwellers. Mr. Carlton stated the comprehensive plan consultants will provide feedback in a few months. It was the consensus of the Planning Commission that the requested use would be generally supported but would need to have considerations in place for design standards and landscape buffering. 10. Adjournment The meeting was adjourned at 7:58 p. Minutes prepared by Jennifer Green. Tina Allard City Clerk Brad Thiel Planning Conlrxussion Acting Chair it-401 wEeEUo0 IYAR'