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04-27-2021 PC MINMeeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, April 27, 2021 Members Present: Chair Jill Larson -Vito, Commissioners Alexander Feinstein, Eric Johnson, John Jordan, Robert Rydberg, and Brad Thiel Members Absent: Commissioner Perry Beise Also Present: Councilmember/Liaison Mike Beyer Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, 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. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider April 27, 2021, Planning Commission Agenda Moved by Commissioner Rydberg and seconded by Commissioner Johnson to approve the April 27, 2021, Planning Commission agenda. Motion carried 6-0. 4. Consider March 23, 2021, Planning Commission Minutes Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the March 23, 2021, Planning Commission minutes. Motion carried 6-0. 5.1 Great River Energy — 17845 US Highway 10 ■ Zone Change (remove solid waste overlay), Case No. ZC 21-02 ■ Amendment to Conditional Use Permit CU 87-10, Case No. CU 21-05 Mr. Carlton presented the staff report. Chair Larson -Vito opened the public hearing. Planning Commission Page 2 April 27, 2021 There being no one to speak, Chair Larson -Vito closed the public hearing. Moved by Commissioner Feinstein and seconded by Commissioner Johnson to recommend approval of the Zone Change request to remove the solid waste overlay district for the GRE facility at 17845 US Highway 10 — PIDS 75-003- 1200,75-003-1100, & 75-003-1102. Motion carried 6-0. Moved by Commissioner Rydberg and seconded by Commissioner Feinstein to recommend approval of a Conditional Use Permit amending CU 87-10 and amending the allowed uses, with the following conditions: 1. All site, engineering, and building plans are reviewed and approved by staff prior to beginning work on the site. 2. The current CUP request shall replace CU 87-10. Motion carried 6-0. 5.2 CSDC Facilities Corporation — 17267 Yale St. NW ■ Amend Conditional Use Permit CU 20-08 to expand an approved Educational Use with Additional Classrooms at Three Rivers Montessori, Case No. CU 21-06 Mr. Leeseberg presented the staff report. Initially staff had proposed the recommended 7 -foot -tall fence be installed 15 feet from the property line. However, the city attorney advised a change to Condition 3 by removing the 15 -foot setback requirement, noting it was out of the city's scope as it is not part of the city's ordinance. Commissioner Johnson asked about the city ordinance requirement setback for a fence. Mr. Leeseberg stated the fence can be installed on the property line with written permission from any adjoining property owners and if no permission is obtained, the fence should be at least an inch off the property line, which satisfies the ordinance requirements. Chair Larson -Vito opened the public hearing. Rose Bringus, executive director of Three Rivers Montessori, explained the need to explore a cost-effective solution for this expansion to provide not only a safe learning environment for the students but to provide a good experience to their neighbors and the community. She stated they are fundraising for playground equipment for the north part of their property, which would minimize noise close to the businesses. She stated she appreciates consideration for a tree line instead of the proposed fence. FI�EerI �r ATUR' Planning Commission Page 3 April 27, 2021 ----------------------------- Commissioner Rydberg asked if she felt any concern for the number of cars coming and going twice a day from the property. His concern was cars spilling out onto the adjoining street and making sure cars do not queue on the street. Ms. Bringus stated there are numerous parking spaces in both parking lots, so they do not anticipate that being a problem for either staff parking or drop off/pick up traffic. They have expanded the times for drop off and pick up this year will potentially allocate certain time slots for different grade levels if necessary. Commissioner Jordan asked about the comments received of students throwing construction debris onto neighboring properties. Ms. Bringus stated it was construction debris left over on their property. She indicated most have been cleaned up and the larger pieces will be removed over the summer. Shawn Elder representing CSDC echoed Ms. Bringus' comments regarding the school's view to find a workable solution and with the consideration of a tree line requirement instead of a fence. He stated tall evergreens can be spaced properly to grow even higher than a 7' fence. He also appreciated that removal of the 15 -foot setback requirement as this takes away more space for the students, noting there are already setbacks in place to provide separation between businesses and students. He appreciated working towards an amicable solution as well as manage the financial cost. Commissioner Jordan asked how trees instead of fence would prevent students from interacting with businesses. Mr. Elder stated trees would be a physical, visual barrier. He noted one of the letters from a nearby business would prefer tree plantings as it would be more aesthetically pleasing. He requested if a fence is required, that 7' is special order so requested either 6' or 8'. There is currently a chain length fence in place and trees would be planted inside that fence. Chris Castagneri, 19700 Rush St. NW is the board chair and parent of a student attending the school. She addressed the traffic flow questions and her student uses both the bus and the drop off/pick up. She states in her experience she has never experienced any problems with vehicles queuing on the main road, and there no congestion as she is always able to pull in, noting the flow seems to be very workable. There being no one else to speak, Chair Larson -Vito closed the public hearing. Commissioner Rydberg supported either a 6' or 8' fence if that becomes a condition. Commissioner Thiel stated based upon the businesses in the area and their experiences that an opaque fence seems to be a better solution for the privacy and student protection. He supports installing a fence instead of trees as it will cut down IIIIIR11 8 NATUREI Planning Commission April 27, 2021 Page 4 on noise, keep a clear division, and prevent any interaction between the businesses trying to operate and students. Commissioner Johnson stated he agrees with Commissioner Thiel's comments, noting construction debris will be gone but the privacy fence would be a better buffer. It will take several years for the trees too come in and provide good buffer screening. He is open to a 6' or 8' foot fence stating 6' is probably fine. Commissioner Rydberg stated he feels pine trees provide a better sound buffer. Commissioner Feinstein supports an 8' fence and feels it would allow for more visual coverage. Commissioner Jordan stated a fence is not a solution for stopping sound at all. He feels staggering trees becomes a visual buffer. He noted the businesses did not move into the area knowing there was a school adjacent to them. Commissioner Johnson is empathetic towards the businesses and felt a fence is easier to monitor the children and takes up less space and would accommodate the businesses the best. Commissioner Thiel wondered if there could there be a combination fence and some trees to buffer the businesses. He stated otherwise he supports a fence. Commissioner Johnson stated trees would be more aesthetically pleasing but perhaps the circumstances require a fence. Moved by Commissioner Johnson and seconded by Commissioner Feinstein to recommend approval of Amending Conditional Use Permit CU 20-08 with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. 2. No vehicles associated with the school may be parked or queued in the city right-of-way or on a public street. 3. An 8 -foot -tall 7--feet-tall opaque fence be installed across the entire southern property line 15 feet off the southern pf-eperty 1 4. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated April 27, 2021. Motion carried 6-0. i r E A E 1 I r NA TURF Planning Commission Page 5 April 27, 2021 ----------------------------- 6. Council Liaison Update Councilmember Beyer provided an update to the Planning Commission about recent city council activities. 7. General Business There was no general business to report. 8. Adjournment The meeting was adjourned at 7:04 p.m. Minutes preparE"d by Jennifer Green. J Tina Allard City Clerk �-{aU VkW Jill _arson -Vito Planning Commission Chair 9NVA�TURE