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04-10-2007 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 10, 2007 Members Present: Chair Stevens, Commissioners Anderson, Austad, Scott, Staul and Westgaard Members Absent: Commissioner Lemke Staff Present: Jeremy Barnhart, Planning Manger; Senior Planner Sheila Cartney; Chris Leeseberg, Planner; Environmental Administrator Rebecca Haug; 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 Stevens. 2. Consider 4/10/07 Planning Commission Agenda MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE APRIL 10, 2007 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider 3/13/07 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER RUST TO APPROVE THE MARCH 13, 2007 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend April 16, 2007 City Council Meeting Commissioner Westgaard will attend the April 16, 2007 City Council meeting. 5.1. Request by Richard Kurth Broadway Bar & Pizza) for Amendment to Existing Conditional Use Permit to Revise Storage Building Dimensions,. Case No. CU 07-09 -Public Hearing Planner Chris Leeseberg stated that the applicant is requesting a larger storage building (approximately 1,000 sq. ft. larger) than what was approved with his original conditional use permit in October 2005. Mr. Leeseberg reviewed staffs recommendations regarding tree removal and construction materials. Staff recommends approval of the request with the three conditions listed in the staff report to the Planning Commission, with a change to conditions to reflect the maximum size of the building to be 40' x 56'. Commissioner Westgaard questioned if the proposed structure was consistent with other uses in this zoning district. Mr. Leeseberg stated that typically there are no accessory structures in the C3 district. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. Planning Commission Minutes April 10, 2007 Page 2 Commissioner Scott asked if the applicant was the property owner. Mr. Leeseberg stated yes. Commissioner Westgaard questioned the 25-foot setback in condition #3. Mr. Leeseberg stated that the setback is 15 feet larger than is usually required, to preserve the trees. He stated that he has discussed this condition with the applicant. Richard Kurth, applicant -Stated he has no intention of removing the trees and will move the setback even further if needed, to preserve the trees. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY RICHARD KURTH (BROADWAY PIZZA) TO AMEND AN EXISTING CONDITIONAL USE PERMIT, WITH THE FOLLOWING CONDITIONS: 1. THE 40' X 56' BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE 40' X 56' BUILDING SHALL BE USED FOR STORAGE PURPOSES ONLY. 3. THE 40' X 56' BUILDING SHALL BE SETBACK 25-FEET FROM THE WEST PROPERTY LINE. 4. NO EXISTING TREES ALONG THE WEST PROPERTY LINE SHALL BE REMOVED WITH THE CONSTRUCTION OF THE 40' X 56' BUILDING. 5. THE MASONRY WAINSCOTING SHALL ONLY BE APPLIED TO THE NORTH, EAST AND SOUTH SIDES. MOTION CARRIED 6-0. 5.2. Request by City of Elk River for Ordinance Amendment to Section 30-1006 -Dimensional Regulations - To Revise Minimum Lot Size for R2A Zoning District. Case No. OA 07-04 - Public Hearin Planner Chris Leeseberg explained that staff has an open application for a zone change for a lot that was previously two lots. The applicant wishes to convert the R2a-zoned property back to two lots, but current minimum lot size ordinance requirements prevent it. Staff has no issues with the request, since the lot size requested fits the character of the neighborhood. Mr. Leeseberg explained that the majority of the lots in the R2a zoning district are non-conforming. He stated an ordinance amendment was suggested to reduce the lot sizes of all lots in the R2a district, and the HRA was asked for their comments. The HRA concurred that an ordinance amendment was preferred, rather than a rezoning. Mr. Leeseberg stated that the lots range in size from 34' feet in width to 130', noting that of the 20 lots north of 5~ Street up to school Street, only 3 meeting the minimum lot size. He also explained that the only difference between the R2a and R2b zoning districts is that R2b allows for townhomes. Staff recommends approval of the ordinance amendment to allow 6,000 square foot lots with a 60-foot lot width, and 100-foot width for corner lots. Planning Manager Jeremy Barnhart noted that the proposed amendment will not create more non-conforming lots, but rather, fewer non-conforming lots. Planning Commission Minutes April 10, 2007 Page 3 Commissioner Westgaard asked if there were any potential adverse affects on the other RZa lots. Mr. Leeseberg stated that he was not aware of any adverse impacts. Chair Stevens asked if the other R2a areas were fully developed. Mr. Leeseberg stated yes. He noted that there may be vacant parcels, but that these parcels are attached to other property. Dale Beaudry, applicant for zone change -Stated that the house on the existing lot is located off to one side, and splitting the parcel would create a good building site. He stated he will tear down the existing out building on the proposed new lot. There being no further public comment, Chair Stevens closed the public hearing. Chair Stevens stated that he concurred that the proposed lot size fits the neighborhood. Commissioner Scott concurred and had no issues with the request. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO SECTION 30-1006 - TO REVISE THE LOT SIZE FOR RZA LOTS, AS FOLLOWS: 1. THE R2(A) MINIMUM LOT SIZE SHALL BE 6,000 SQUARE FEET 2. THE R2(A) MINIMUM LOT WIDTH SHALL BE 60-FEET 3. ADD TO R2(B) "100' WIDTH ON CORNER LOTS" MOTION CARRIED 6-0. 5.3. Reduest by City of Elk River for Ordinance Amendment Regarding Storm Water. Erosion Grading and Excavating; Case No. OA 07-05 -Public Hearing Environmental Administrator Rebecca Haug provided background information regarding the city's National Pollutant Discharge Elimination System (NPDES) permit and storm water pollution prevention program (SWPPP). She explained that as an MS4 city, they are required to identify best management practices (BMPs). She stated that the existing ordinance does not cover all of the areas required under the NPDES permit. Also, the proposed Storm Water Ordinance is new, and is similar to other communities that were researched. Ms. Haug stated that the state's goal is to get back to the 19881evels for phosphorus, infiltration rates, and total suspended solids. She noted that a public meeting for builders, developers, excavators, and small utility contractors was held and no comments were received. Ms. Haug stated that staff recommends approval of the proposed Storm Water Management, and Excavation, Grading & Erosion Control ordinances. Commissioner Scott asked if the cities are responsible for enforcing the ordinances. Ms. Haug stated yes. Commissioner Westgaard stated that it appears the ordinances are more of a housekeeping item to incorporation the new requirements into our existing ordinance. Ms, Haug stated that was correct. Commissioner Anderson questioned how the city would get back to the 19881evels. Ms. Haug explained some types of measures that could be utilized to meet this goal. Planning Commission Minutes April 10, 2007 Page 4 Commissioner Staid asked if a model ordinance was used to draft the proposed language. Ms. Haug stated that a model was used from a company in Colorado, as well as the MPCA ordinance model. She noted that there will be penalties if they do not get back to the 1988 levels, but that the models may not work, and may need modification. Chair Stevens asked if Ms. Haug felt the goal was possible. She stated yes, and explained that for some time, all storm water for new developments in the city is not allowed to leave the site. Ms. Haug stated that there are measures to control runoff on existing sites, such as creating rain gardens. Chair Stevens opened the public hearing. Arthur Jackett, 19854 Xavier Street -Expressed his concern regarding how the proposed changes in the ordinance will affect the residents. He asked how the city will control the phosphorus being washed away. He stated he has a wetland near his property and he does not want to see it change to have more water in it, He stated he feels the city has very little concern for wetlands and the environment. Chair Stevens asked Ms. Haug how the proposed ordinance amendment may impact residents. Ms. Haug stated that the ordinance will impact residents, and that an education program will be implemented. She noted that a storm water survey was distributed to the public. She stated that Elk River Municipal Utilities has concerns regarding water usage and irrigation. Ms. Haug stated that she feels the city does a very good job in preserving wetlands, requiring wetland replacement, and reducing impacts on the environment. She noted that there are eight different types of wetlands. Mr. Jackett stated that he disagreed with Ms. Haug's comments, and that the wetlands in Hillside Estates were covered up with this area when this area was developed. He stated that the wetlands were pumped out and a drainage pond was put in and this was not monitored. Ms. Haug stated that hopefully, the new ordinance measures will prevent that from happening again. Mr. Jackett stated that he has pictures of poor erosion control in this area. There being no further public comment, Chair Stevens closed the public hearing. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER STAUL TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENTS REGARDING STORM WATER, EROSION, GRADING AND EXCAVATING, CASE NO. OA 07-05. MOTION CARRIED 6-0. 6.1. Update on Signs Senior Planner Sheila Cartney provided an update on the sign issue. She stated that the following issues will be confirmed with the City Council -safety/brightness, changing too often, animation, "TV" screen-type signs, lack of clarity in defining animated signs in the current ordinance. Commissioner Westgaard stated that his concern with the changing signs is the frequency of change, brightness, and how to differentiate between those flashing time and temperature, and advertising signs. Commmissioner Scott questioned how it would be possible to regulate the brightness of signs, or how much light a sign throws off. He asked if there was a way to monitor this, since some signs are so bright they are distracting. Planning Commission Minutes Page 5 Apri110, 2007 --------------------------- Chair Stevens stated he has received a number of comments regarding the Elk River Ford sign. Commissioner Westgaard asked if there is a way to quantify the brightness of signs. Ms. Cartney stated that the only measurable way is by foot candles, and the ordinance needs to be changed to reflect that. She stated that staff will report back to the Planning Commission in June with a proposed amendment, which will then go to the City Council in July. Commissioner Scott asked if a conditional use permit (CUP) is required for commercial/industrial signs. Ms. Cartney stated no, but that staff is looking into the possibility, since other cities do require a CUP. Adjournment There being no further business, MOVED BY COMMISSIONER WESTGAARD TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:23 p.m. Respectfully submitted, ~ ~ Debbie Huebner Recording Secretary