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05-09-2006 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 9, 2006 Members Present: Chair Lemke, Commissioners Offerman, Ropp, Scott, Stevens and Westgaard. Commissioner Anderson arrived at 7:25 p.m. Members Absent: None Staff Present: Chris Leeseberg, Planner; Debbie Huebner, Recording Secretary Call Meetine To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:53 p.m. by Chair Lemke. Consider 5/9/06 Planning Commission Aeenda MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE MAY 9, 2006 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider 4/11/06 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ROPP TO APPROVE THE APRIL 11, 2006 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Stevens will attend the May 15, 2006 City Council meeting. 5.1. Request by Kevin/Kyleen Refiners for Conditional Use Perniit to Allow Additional Horses Public Hearing -Case No. CU 06-08 Planner Chris Leeseberg stated that the applicant is requesting a conditional use permit to keep 15 horses on a 10-acre site. He explained that an ordinance amendment was approved in December 2004 which increased the number of agricultural animals to no more than twice what is currently allowed, provided there is an approved manure management plan following the Minnesota Pollution Control Agency Technical Guidelines for Manure Management and Applications and a Conditional Use Permit. The applicant proposes gone-acre manure management site to be located in the northeast portion of the site with additional land area within the 8-acre pasture area. Under the proposed amendment, the applicant would be allowed up to 16 horses. Mr. Leeseberg also explained that the applicant has also expressed his desire to build and operate an 8,000 square foot riding arena on the 10-acre site, but due to the fact that Sherburne County obtained additional right-of-way along the eastern portion of the site for the County Road 13 project, the applicant's property was reduced to 9.8 acres. Therefore, Planning Commission Minutes May 9, 2006 Page 2 without a variance to the allowable accessory structure size, they would only be able to build a 4,000 square foot building. Chair Lemke opened the public hearing. Kevin Refiners, 9630 213 Avenue NW, applicant -Stated that he would like to keep the 15 horses, but is no longer considering the riding arena. He stated that the horses are in very good heath. Donna Goskey, 9813 213 Avenue NW - Expressed concern for runoff from the site into the creek, and also about odor. She stated that they plan to sell their property in 5 -7 years and that she did not want any problems to arise that would affect her property value. Ms. Goskey stated that she was not aware that the ordinance had been changed to allow double the number of animals and that she had not been notified of the change. Cheryl Froelich, 9797 213 Avenue NW -Stated she would like to look at the Manure Management Plan, and that she has the same concerns Ms. Goskey has. She questioned having 8 acres of pasture and 1 acre for the Manure Management site, since this would leave only .8 acres for the house and septic system. Ms. Froelich stated she was concerned that the applicant would not have enough cover for that many horses, and also with the manure pile. Mr. Leeseberg provided Ms. Froelich with a copy of the Manure Management Plan included in the staff report to the Planning Commission. There being no further public comment, Chair Lemke closed the public hearing. Mr. Leeseberg provided information from the City's ordinance regarding shelter and also the section regarding increasing the number of animals to twice the amount with the approved Manure Management Plan. He noted that notifications of public hearings for ordinance amendments are published in the newspaper and individual property owners are not notified. Mr. Refiners stated that the total number of 15 horses includes two yearlings and a miniature pony. He noted that there are two shelters on the site to adequately provide for all of the horses. Mr. Refiners stated that the drainage ditch and other concerns of the neighbors will be taken into consideration in managing the manure on site. Commissioner Scott asked who would monitor the site to ensure that the Manure Management Plan was being followed. Mr. Leeseberg stated that the Environmental Division of the City would likely have yearly inspections. Commissioner Stevens sated that it was his understanding that horses kept outside are generally healthier, and that if the plan has been reviewed and approved, he did not have an issue with the request. Commissioner Ropp stated that he was comfortable approving the request, and felt that staff did a good job reviewing the application. Commissioner Ropp asked how the City would know if there was a problem. Mr. Leeseberg stated that typically staff would get a call from a neighboring resident. MOTION BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY KEVIN AND KYLEEN REINERS FOR A CONDITIONAL USE PERMIT TO ALLOW 15 HORSES ON THEIR PROPERTY, CASE NO. CU 06-08, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes Page 3 May 9, 2006 --------------------------- 1. ALL COMMENTS OF THE ENVIRONMENTAL ADMINISTRATOR SHALL BE ADDRESSED. 2. NO MORE THAN 15 HORSES SHALL BE ALLOWED ON THE PROPERTY. 3. ONE-HALF ACRE OF FENCED PASTURE LAND PER HORSE SHALL BE PROVIDED AND INDICATED ON A SITE PLAN TO BE SUBMITTED TO THE CITY OF ELK RIVER. 4. NO MORE THAN 15 HORSES AT A TIME SHALL BE PASTURED. 5. MANURE SHALL BE STOCKPILED ON AN IMPERVIOUS SURFACE, COVERED, WITH SIDE WALLS AS TO CONTAIN LIQUID AND PREVENT RUN OFF. 6. MANURE SHALL NOT BE STOCKPILED OUTDOORS FOR MORE THAN 7 DAYS. 7. ALL MANURE (SOLID OR LIQUID) SHALL BE DISPOSED OF OFF-SITE IN ACCORDANCE WITH MPCA REGULATIONS. 8. IF THE CITY FINDS THAT THE MANURE AND OTHER WASTE MATERIALS CREATE A NUISANCE BY ATTRACTING FLIES, OTHER INSECTS, RODENTS, OR BY CREATING OFFENSIVE ODORS, THE CITY MAY ORDER THAT THE MANURE AND OTHER WASTE MATERIALS BE REMOVED ON A MORE FREQUENT SCHEDULE. MOTION CARRIED 5-1. Commissioner Scott opposed. 5.2. Request by River of Life Church for Extension of Interim Use Permit and to Add Additional Temporary Classrooms, Public Hearing -Case No. CU 06-09 Staff report by Planner Chris Leeseberg. River of Life Church requests an Interim Use Permit to place two additional portable offices (12 ft. x 60 ft.) on the north side of their existing building, and an extension of their existing Interim Use Permit fora 16 ft. x 80 ft. classroom until summer of 2010. Staff recommends approval of the request with the six conditions listed in the staff report. Chair Lemke opened the public hearing. Arthur Swanson, Facility Administrator for River of Life Church -Stated that he feels the temporary buildings will be out of the site line from the Thompson residence. There being no further public comment, Chair Lemke closed the public hearing. Commissioner Offerman asked if the Planning Commission would review an application for any amendments to the interim use permit. Mr. Leeseberg stated yes. MOTION BY COMMISSIONER WESTGAARD, SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY RIVER OF LIFE CHURCH FOR AN INTERIM USE PERMIT AND EXTENSION OF THEIR EXISTING CONDITIONAL USE PERMIT, CASE NO. CU 06-09 WITH THE FOLLOWING CONDITIONS: 1. THE PORTABLE OFFICE SHALL BE REMOVED BY SEPTEMBER 1, 2010. 2. IF AN EXTENSION TO THE SEPTEMBER 1, 2010 DATE IS REQUIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. Planning Commission Minutes May 9, 2006 Page 4 3. THE TOTAL SQUARE FOOTAGE OF ALL THREE PORTABLE OFFICES SHALL NOT EXCEED 2,750 SQUARE FEET. 4. IF THE LOCATION OF THE ANY OF THE PORTABLE OFFICES IS CHANGED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 5. ALL COMMENTS FROM THE FIRE CHIEF SHALL BE ADDRESSED. 6. THE THREE CLASSROOMS SHALL MEET ALL BUILDING AND FIRE CODES. MOTION CARRIED 6-0. 5.3. Request by Michael Elzufon for a Conditional Use Permit to Amend the Planned Unit Development for Jackson Street Villas, Public Hearing -Case No. CU 06-10 Planner Chris Leeseberg explained that the original Planned Unit Development Agreement (PUD) was approved in January 2005 with a condition that brick shall be included on the front and sides of all the townhome units. The applicant is requesting that the requirement for brick on the ends of the units be removed in order to reduce construction costs. The applicant believes this will result in more favorable unit costs that area can support. The applicant is also requesting that the decks become two feet wider. Staff recommends that eight of the end units with public exposure maintain the originally required brick treatment, resulting in only one-quarter of the end units requiring brick. (Units 1, 30, 31, 38, 39, 64, 65 and 76). Further, staff recommends approval of the request with the three conditions listed in the staff report, including all the conditions of the original conditional use permit with the exception of #21. Commissioner Scott asked if the decks are proposed to be extended two feet further out or two feet wider. Mr. Leeseberg stated they would extend two feet wider. Commissioner Anderson arrived at this time (7:25 p.m.) Commissioner Stevens asked if the fronts of the buildings will remain the same as originally approved. Mr. Leeseberg stated yes. Chair Lemke opened the public hearing. Michael Elzufon,17279 80~ Place N, Maple Grove, applicant -Stated that he came into the townhome project after the approvals were already in place. He explained that the reason they have not started is because they have been working to find a way to competitively price the units, and still keep the brick as an integral part of the design. He felt that units have ample curb appeal, and after working with contractors, they came up with the suggestion to have atwo-foot wrap of brick on the sides of the building, rather than continuing the entire amount of brick as on the building fronts. He stated that they are proposing to extend the decks from 6 feet to 8 feet in length, and also extend them out from the building 2 additional feet. Commissioner Offennan asked if the units will look like the exterior elevations which were previously approved, which included the "bump outs". Mr. Elzufon stated yes. Commissioner Offerman asked what the bump outs are made of and if they will be a contrasting color. Mr. Elzufon stated the bump outs will be Masonite Hardiboard and will be contrasting in color. Commissioner Offerman asked what other material will be on the ends. Mr. Elzufon stated there will be vinyl lap siding. Planning Commission Minutes Page 5 May 9, 2006 --------------------------- There being no further comments, Chao- Lemke closed the public hearing. Commissioner Offerman stated that he would like to see the full brick on the ends of the units fronting Jackson Avenue remain (Units 1, 30, 31 and 76). He stated that he had no strong feeling regarding the others and felt the wrap of brick proposed by the applicant was acceptable. Commissioner Stevens stated when the project was first approved, he really appreciated the design. He stated he disagreed with Commissioner Offerman and felt the sides of the units abutting Lions Park should also remain as originally approved (Units 38, 39, 64 and 65). He stated he had no problem with extending the decks. Commissioner Scott concurred. Commissioner Anderson stated that he agreed with staff's recommendation and he had no problem with the change to the deck dimensions. Commissioner Westgaard also concurred. Chair Lemke concluded that the recommendation was Units 1, 30, 31 and 76 have the full brick to match the building fronts, and Units 38, 39, 64 and 65 have a 2 foot wrap of brick. MOTION BY COMMISSIONER WESTGAARD, SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE REQUEST BY MICHAEL ELZUFON TO AMEND THE PLANNED UNIT DEVELOPMENT AGREEMENT, CASE NO. CU 06-10 WITH THE FOLLOWING CONDITIONS: 1. THE END OF UNITS 1, 30, 31, 38, 39, 64, 65 AND 76 SHALL MAINTAIN THE ORIGINALLY REQUIRED BRICK TREATMENTS. 2. THE DECKS MAYBE UP TO TWO (2) FEET WIDER AND DEEPER THAN THE ORIGINALLY APPROVED PLANS. 3. ALL OTHER REQUIREMENTS OF THE ORIGINAL CONDITIONAL USE PERMIT, EXCEPT #21, SHALL REMAIN THE SAME. MOTION CARRIED 7-0. 5.4. Request by Willius Architects on behalf of Caribou Coffee for a Conditional Use Permit to allow Drive-Thru Facility at Coborns, Public Hearing -Case No. CU 06-13 The applicant request a conditional use permit to allow adrive-thru window on the south end of the Coborns facility for Caribou Coffee. Planner Chris Leeseberg reviewed the details of the drive lane, signage, and parking and circulation issues. Staff recommends approval of the request with the five conditions listed in the staff report. Commissioner Anderson asked how semi truck/trailers accessed the loading docks. Mr. Leeseberg explained. Commissioner Stevens asked how many vehicles could be stacked in the drive-thnx lane. Mr. Leeseberg stated there was room for five vehicles. Chair Lemke opened the public hearing. Michael Wilkus, 11487 Valley View Road, Eden Prairie, MN - Stated he was present to answer any questions on behalf of the applicant. He stated that stacking for five vehicles is Planning Commission Minutes Page 6 May 9, 2006 --------------------------- typical and that if drivers see more than five vehicles, they tend to park and walk into the business. Commissioner Offennan asked if the Caribou Coffee operation would be utilizing the former deli seating area. Mr. Willies stated yes, and that this area will be used more than it was with the previous use. Commissioner Anderson stated that he had no problem with the request but that he had some reservations with the peak morning stacking of vehicles in the drive-up lane. He was concerned with semi's pulling out when there were additional cars in the stacking area. Commissioner Westgaard stated that the peak traffic periods for the deliveries, store operations, and coffee shop operations were not the same, and had no issues with the request. Commissioner Stevens stated he felt there was adequate ingress and egress for the site and since there were two main entrances into the site, there MOTION BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY WILKUS ARCHITECTS ON BEHALF OF CARIBOU COFFEE FOR A CONDITIONAL USE PERMIT FOR ADRIVE-THRU LANE AT COBORNS, CASE NO. CU 06-13, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE FIRE CHIEF SHALL BE ADDRESSED. 2. TWO WALL SIGNS, AS SHOWN ON THE DRAWING A2.0 DATED 3/27/2006, SHALL BE ALLOWED AND SHALL NOT EXCEED 40 SQUARE FEET EACH. 3. SIGN PERMITS ARE REQUIRED PRIOR TO THE SIGNS BEING INSTALLED. 4. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 5. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. MOTION CARRIED 6-1. Commissioner Anderson opposed. 5.5. Request by Barton C. Wells, LLC for Conditional Use Permit for Auto Repairs/Sales Public Hearing -Case No. Cu 06-12 The applicant is requesting a conditional use permit for a facility for custom tuning, modification and performance work on classic "muscle" and late model performance cars at 15820 Highway 10 just south of Jerry's Auto. Planner Chris Leeseberg reviewed the proposed building interior improvements and small building addition, number of employees, hours of operation, septic system issues, parking and circulation. Staff recommends approval of the request with the eight conditions listed in the staff report. Chair Lemke opened the public hearing. Comments of Mr. Lee Mielke, 16796 Yale Street were entered into the record which stated he did not have an issue with the request as long as the conditions regarding sound proofing measures were adopted. There being no public comment, Chair Lemke closed the public hearing. Planning Commission Minutes Page 7 May 9, 2006 --------------------------- MOTION BY COMMISSIONER WESTGAARD, SECONDED BY CONIlVIISSIONER SCOTT TO RECONIlVIEND APPROVAL OF THE REQUEST BY BARYON C. WELLS, LLC FOR A CONDITIONAL USE PERMIT, CASE NO. CU 06-12, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. THERE SHALL BE NO OVERNIGHT OUTSIDE STORAGE OF VEHICLES. 4. THERE SHALL BE NO REPAIR OR MAINTENANCE OF VEHICLES OUTSIDE OF THE BUILDING. 5. A CITY APPROVED SEPTIC MONITORING SYSTEM SHALL BE DESIGNED AND INSTALLED WITH THE NEW SEPTIC SYSTEM. 6. ALL DOORS OF THE FACILITY SHALL BE KEPT CLOSED AT ALL TIMES EXCEPT FOR THE PASSAGE OF PEOPLE OR VEHICLES. 7. THE LEVEL OF NOISE FROM THE BUILDING SHALL NOT EXCEED CITY ORDINANCE LEVELS. 8. IF THE FURTHEST EAST STALLS ARE NOT NEEDED FOR THE FACILITY THAT THEY SHOULD BE REMOVED. MOTION CARRIED 7-0. 6. Other Business 6.1. Update on Apri117, 2006 City Council Meeting Commissioner Westgaard provided an update on the Apri117, 2006 City Council meeting. Adjournment There being no further business, CHAIR LEMKE ADJOURNED THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:30 p.m. Respectfully submitted, ~ ~~~- Debbie Huebner Recording Secretary