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12-22-2020 PC MINMeeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, December 22, 2020 Members Present: Chair Jill Larson -Vito, Commissioners Perry Beise, Alexander Feinstein, Eric Johnson, John Jordan, Robert Rydberg, and Brad Thiel (all via Zoom) Members Absent: None 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 Chair Larson -Vito. 2. Consider December 22, 2020, Planning Commission Agenda Moved by Commissioner Thiel and seconded by Commissioner Jordan to approve the December 22, 2020, Planning Commission agenda. Motion carried 7-0. 3. Consider November 24, 2020, Planning Commission Minutes Moved by Commissioner Feinstein and seconded by Commissioner Rydberg to approve the November 24, 2020, Planning Commission minutes. Motion carried 7-0. 4.1 Aggregate Industries — MWR Inc. — 12001 213'h Ave NW ■ Conditional Use Permit amending CUP 13-09 to include additional parcels in the approved mineral excavation area, Case No. CU 20-21 Mr. Carlton presented the staff report. He stated the applicant has modified their request and removed the portion that included mining beneath Proctor Road. He indicated staff was recommending approval with conditions 1 and 2 as outlined in the staff report, and removal of condition 3 as Proctor Road is no longer included in the request. Commissioner Jordan asked where the nearest home was in relation to the proposed mining addition. Planning Commission December 22, 2020 Page 2 Tim Fenstermacher, Plant Manager for Aggregate Industries, stated any residential properties were 5,000 feet away from the proposed mining area and explained current and future mining areas. Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito closed the public hearing. Patty Bestler, Environmental Land Manager for Aggregate Industries, stated they have removed their request to mine underneath Proctor Road at this time, but she indicated they may want to revisit this proposal in the near future and hoped the city would be in favor of authorizing that request. Moved by Commissioner Johnson and seconded by Commissioner Jordan to recommend approval of the Conditional Use Permit amending CUP 13-09 with the following conditions: 1. All conditions of approval from earlier conditions shall be incorporated into the new mineral extraction operation. 2. A new mining license must be approved prior to commencing with mineral extraction activities in the new permit areas. Motion carried 7-0. 4.2 City of Elk River ■ Ordinance Amendment to allow the keeping of chickens on residential parcels greater than one acre, Case No. OA 20-07 Mr. Carlton presented the staff report. He included some area cities and the minimum lot size requirements and numbers of chickens allowed as reference. Commissioner Thiel asked what prompted this amendment request. Mr. Carlton stated since the original ordinance was adopted, staff had received numerous requests from residents to keep chickens, but those residents owned between 1 acre and under 2.5 acres. He stated the council had received a request from a resident to amend the ordinance. The council discussed this amendment at a recent work session, asking staff to put together draft language for the Planning Commission and City Council to review. Commission Jordan asked if the City Council was in support of this amendment. Mr. Carlton indicated they were in support of the amendment. The recommendation of 1 -acre parcels and a limit of 6 chickens was a result of the council conversation and at this time did not want to go below 1 -acre lot size for keeping of chickens, acknowledging the possibility of lot creep and in a few years may have those requests for parcels under 1 acre. He stated since he oversees code enforcement, he stated the complaints they have received have been for lot sized 1 acre to just under 2.5 acres, II�EREI �r INATWEI Planning Commission December 22, 2020 Page 3 and he has not received any complaints for under 1 -acre parcels keeping chickens. He stated he has not had any complaints on those parcels over 2.5 acres. Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito closed the public hearing. Commissioner Jordan stated his views on the keeping of chickens in residential neighborhoods will remain consistent and he is opposed to this amendment. He felt anyone who wanted to keep chickens would not move into the city to keep them. He had similar concerns with lot creep and in the future, the request will be for lots under an acre, which concerns him a lot. He felt a large portion of Elk River is rural and there are mechanisms in place for larger rural lots, noting it was not about lot size but lot location. He stated he is not sure if this is the right amendment to move forward. Commissioner Johnson stated he is in favor of the proposed ordinance amendment. He noted the neighborhoods with homeowner associations or covenants that already prevent residents from keeping agricultural animals. He stated numerous neighborhoods are not going to be impacted by this amendment because of parameters in place to prevent this type of activity. Commissioner Thiel stated he would not support the amendment as written, agreeing with Commissioner Jordan's comments. He felt it was more appropriate for this type of farm animal on a lot larger than 2.5 acres to avoid interfering with neighbors. Commissioner Rydberg stated he agreed with Commissioner Jordan as well and felt the chickens will attract other animals to come into the neighborhood, especially in smaller areas. He stated he felt 1.5. to 2 acres is enough area but not 1 acre lots. He felt an urban setting was just too small. He expressed concerns with requests for other animals like rabbits and dogs will also come forward. Chair Larson -Vito agreed with the others and their comments. She asked if it was a miscommunication to not be included in the work session discussion with the City Council, noting when the original ordinance was drafted in 2017, the Planning Commission spent months reviewing this ordinance. She asked how many requests staff received for an ordinance amendment and if it was enough to offset the completed survey. Mr. Carlton stated staff received about a half dozen requests. He stated the public participation survey that was done in 2017 was extensive and noted most of the survey respondents were comfortable with one acre and above. He stated they could send out another survey to gauge the public's interest over the holidays if the Planning Commission so chose. Chair Larson -Vito stated about five properties in her neighborhood have chicken coops and this time of year, they are very visible and makes the properties appear HpINIaII Ir NA►TUR Planning Commission December 22, 2020 Page 4 dumpy. She stated the commission put a lot of work in on the front end and would feel comfortable leaving it there and was not in favor of amending the ordinance as presented. Commissioner Jordan noted he felt it interesting the three communities closest to Elk River- Rogers, Big Lake, and St. Michael, all have 3, 10, and 4 acre - requirements. Commissioner Johnson asked about a survey sent out over the holidays to gauge the public's response to consider the public's feedback and see if that has changed since the first survey. Commissioner Jordan was against doing another survey and felt it could be swayed easily. He felt the Planning Commission should make their recommendation to the City Council based upon what was before them this evening. Commissioner Rydberg agreed with Commissioner Jordan and was also opposed to another survey, noting hashing it out any more will not make a difference. Moved by Commissioner Rydberg and seconded by Commissioner Jordan to recommend denial of the request by the City of Elk River to amend the ordinance to allow the keeping of chickens on residential parcels greater than one acre. Motion carried 5-2 with Commissioners Beise and Johnson opposing. 5. Council Liaison Update Councilmember Ovall was not present to provide an update to the Planning Commission about recent city council activities. 6. General Business Mr. Carlton confirmed Commissioner Johnson would be in attendance for the January 19 city council meeting according to the new 2021 rotation schedule. Commissioner Johnson indicated he would. 7. Adjournment The meeting was adjourned at 6:58 p.m. I I I E R E I I r NATUREI Planning Commission December 22, 2020 Minutes prepared by Jennifer Green. Tina Allard City Clerk Jill son -Vito Planning Commission Chair Page 5 p I I E R I I /1 NATURE