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06-13-2006 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JUNE 13, 2006 Members Present: Chair Lemke, Commissioners Anderson, Offerman, Ropp, Scott, Stevens and Westgaard Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Planner; Rebecca Haug, Environmental Administrator; Scott Clark, Community Development Director; 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 Lemke. 2. Consider 6/13/06 Planning Commission Agenda MOVED BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE JUNE 13, 2006 PLANNING COMMISSION AGENDA. MOTION CARRIED 7-0. Consider 5/9/06 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD, SECONDED BY COMMISSIONER ROPP TO APPROVE THE MAY 9, 2006 MINUTES AS CORRECTED. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend June City Council Meeting Commissioner Lemke will attend the June 19, 2006 City Council meeting. 5.1. Request by City of Elk River for Ordinance Amendment to the City of Elk River Code of Ordinances Regarding a Wetland Buffer Ordinance, Public Hearing -Case No. OA 06-04 Rebecca Haug provided a brief history of the proposed wetland buffer ordinance, how it was initiated, and that its purpose is to protect the remaining wetlands in the City. The ordinance would require a 25-foot buffer strip from the delineated wetland boundary or the ordinary high water level of a stonmwater pond. A minimum of 20 feet from the wetland buffer setback would also be required and limitations on what can be placed in this area are defined in the ordinance. Ms. Haug noted that the ordinance is intended for new construction of plats so any existing lots that abut a wetland would not be affected. Staff recommends approval of the ordinance as presented. Commissioner Stevens felt that the monumentation would be placed at 100-foot intervals, rather than the proposed 200 feet. Ms. Haug stated this would be taken into consideration. Chair Lemke stated monumentation is required on every lot under the current ordinance. Planning Commission Minutes Page 2 June 13, 2006 --------------------------- Commissioner Anderson asked who would place the monument signs. Ms. Haug stated that the developer would be required to place the signs. Commissioner Westgaard suggested that under section A. under Performance Standards, Item iv. Should include "dumping" on the monument. Ms. Haug stated that could be added. Commissioner Offerman asked what determines a wetland versus a pond or lake. Ms. Haug stated that there are three criteria for determ;n;ng wetlands; soils, vegetation, and hydrology. She noted that the Shoreland Ordinance would override the wetland ordinance for lakes and ponds. Chair Lemke questioned what if a side lot line crossed a buffer strip on an existing property and a homeowner wished to place a structure. Ms. Haug stated that the ordinance would not affect existing lots. Commissioner Offerman asked if the ordinance would apply to existing property that is not platted. Ms. Haug stated that the ordinance would take effect when the property was platted. Chair Lemke opened the public hearing. There being no public comment, Chair Lemke closed the public hearing. Commissioner Stevens expressed his thanks to staff for the work done on the buffer setback ordinance. He questioned when the tree preservation ordinance and transfer of development rights ordinance amendments would be considered. Community Development Director Scott Clark stated that these items will be included in the work plan to be discussed under Item 6.2. MOTION BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO AMEND THE CITY ORDINANCE REGARDING WETLAND BUFFER SETBACKS AS DETAILED IN THE STAFF REPORT TO THE PLANNING COMMISSION DATED JUNE 13, 2006, CASE NO.OA 06-04, WITH THE FOLLOWING ADDITION: PAGE 2, PERFORMANCE STANDARDS, ITEM IV. -INCLUDE THE WORD "DUMPING" ON THE MONUMENTATION. MOTION CARRIED 7-0. 5.2. Request by Tamela Thompson for a Conditional Use Permit to Allow a Home Salon, Public Hearing -Case No. CU 06-14 Planning Manager Jeremy Barnhart reviewed the request by Tamela Thompson for a conditional use permit to allow ahome-based salon at 12692 208Th Avenue NW. He stated that the request is consistent with the permitted home occupation ordinance in that there will only be one employee; the salon will be open by appointment only; and typical hours of operation of 9-8 Monday through Friday, with occasional Saturday hours. Mr. Barnhart stated that the only issue that creates the need for the conditional use permit is the accessory 2-stall parking area off 208th Avenue. He stated that the parking area should be set back a minimum of 10 feet from the property line, and that the total width of the two drives must not exceed 40 feet at the property line. Planning Commission Minutes Page 3 June 13, 2006 --------------------------- Chair Lemke asked for clarification on the location of the proposed accessory parking area. Mr. Barnhart reviewed the location on the site plan. Corrnnissioner Stevens asked how large the new parking area would be. Mr. Barnhart stated that it would likely be 18'x20', plus the drive aisle area. Chair Lemke asked if 2 driveways are allowed. Planner Chris Leeseberg stated that the ordinance does allow 2 driveways on lots over one acre in size, and on any corner lot. Commissioner Scott asked if the property was located in a cluster development. Mr. Leeseberg stated no. Chair Lemke opened the public hearing. 'T'here being no public comment, Chair Lemke closed the public hearing. Commissioner Anderson asked what type of surface would be used on the new parking area. The applicant stated that it would be the same as the existing driveway, which was Class V. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE REQUEST BY TAMELA THOMPSON FOR A CONDITIONAL USE PERMIT TO ALLOW A HOME SALON, CASE NO. CU 06-14, WITH THE FOLLOWING CONDITIONS: 1. PARKING BE SETBACK A MINIMUM OF 10 FEET FROM THE PROPERTY LINE 2. iV'LAXIMUM WIDTH OF DRIVEWAYS AT PROPERTY LINE SHALL NOT EXCEED 40 FEET. 3. PARKING AREA, DRIVE, OR WALKS SHALL NOT ENCROACH INTO EXISTING OR FUTURE SEPTIC LOCATIONS. 4. THE BUILDING SHALL MEET ALL BUILDING CODES. 5. THE BUILDING SHALL MEET ALL FIRE CODES. 6. THE HOURS OF OPERATION SHALL NOT BE BETWEEN THE HOURS OF 10 P.M. AND 7 A.M. MOTION CARRIED -0. 5.3. RecTuest by Spectrum High School for a Conditional Use Permit to Allow a School at the Boys & Girls Club, Public Hearing -Case NO. CU 06-15 Planner Chris Leeseberg reviewed the request by Spectrum High School to operate a charter school at the Boys & Girls Club, 905 - 6~h Street, beginning Fall 2006. Spectrum plans to occupy the site for two years and possibly a third year. They plan to open with 60 - 80 students, and the second year serving up to 120 students in the 9~h - 11~h grades. He noted that their goal is to open a permanent facility. Mr. Leeseberg reviewed details of the proposed operation including parking, kitchen use, hours of operation, staffing, busing, parking and circulation issues, and signage. He noted that future proof of parking has been provided and that no parking will be allowed on 6Th Street or Jackson Avenue. Mr. Leeseberg also noted that the current freestanding sign at the entrance is not on the Boys & Girls Club property and will need to be relocated. Staff recommends approval of the request with the nine conditions listed in the staff report. Planning Commission Minutes June 13, 2006 --------------------------- Page 4 Chair Lemke asked if staff felt the parking and bus circulation would work. Mr. Leeseberg stated that there currently are buses dropping off and pickup up students at the site and does not seem to be problem. Chair Lemke asked if staff would have any concerns with another school use at this site when Spectnun leaves, since the conditional use would remain with the properly. Mr. Leeseberg stated that if there would be additional students, the code requirements, including parking would need to be addressed. Chair Lemke asked if Conditions 1 and 3 would have been addressed in the Certificate of Occupancy. Mr. Clark stated yes. He noted that staff reviewed the site with the applicant approximately five weeks ago to discuss existing issues, so the preparatory work has already been done. Commissioner Stevens stated that he felt requiring relocation of the existing sign was overly restrictive and that it would not be visible from the Boys & Girls Club property. Chair Lemke suggested that perhaps a directional sign could be placed on Jackson, such as the blue signs identifying businesses on other roads. Commissioner Offerman stated that since Spectrum's long term goal is to secure a permanent facility, and interim use permit would better fit the request. Chair Lemke opened the public hearing. Dave Andreason,17040 Crystal Street, Ramsey, representative for Spectrum High School -Stated that their goal is to build a permanent facility to house 200 - 300 students. He stated that he was not aware there was an issue with the freestanding sign. Dave Howerly, representative for the Boys & Girls Club -Stated that he also was surprised by the sign issue, since the sign has been in its current location since the club first opened. Chair Lemke stated he concurred with Commissioner C~fferman's concern that an interim use would better suit the request. There being no further public comment, Chair Lemke closed the public hearing. Community Development Director Scott Clark stated that the Commission could recommend that the request be approved as an interim use, since the criteria was the same as for a conditional use permit. The difference would be that a specific end date would be established. Commissioner Ropp stated that he also would support the request as an interim use, but that he did not have an issue with the request as a long term use. Mr. Clark stated that interim uses are typically recommended for areas going through change. He felt the interim use would be a good plan, since this area north of Highway 10 is currently being studied. Commssioner Scott asked what type of school used the club previously. Mr. Leeseberg stated that it was a daycare type use. Commissioner Scott asked if the proposed growth of the school took into account the available parking. Mr. Andreason stated that he felt the parking would be adequate, since Planning Commission Minutes Page 5 June 13, 2006 --------------------------- they only plan to occupy the site for two years. He stated the only reason they would be there a third year is if they encountered construction delays. Commissioner Westgaard asked if it would be appropriate to limit the number of students. Commissioner Scott suggested that a condition could be included to require additional parking be constructed if more students were allowed. Mr. Andreason stated that students in the 10~ grade generally do not have their driver's license and they would likely implement some kind of drawing for parking pernuts. Corrunissioner Anderson asked if the applicant would be open to athree--year interim use permit, rather than a conditional use permit. Mr. Andreason stated yes. Commissioner Stevens stated that he would be comfortable with athree-year interim use. Chair Lemke asked if it was necessary to restrict parking on 6~h Street and Jackson, or if an ordinance was already in place. Mr. Andreason stated that there is a 3-hour parking restriction in place, which is likely due to the proximity to the High School. Chair Lemke asked if the applicant was proposing to locate in Elk River. Mr. Andreason stated that he could not speak to that issue. Commssioner Offerman stated that he was comfortable with afour-year interim use, in order to allow time for the school to secure a site and construct a building. Discussion followed regarding a deadline date for the interim use to end. It was the consensus that July 15, 2010 would be acceptable. MOTION BY COMMISSIONER OFFERMAN, SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF AN INTERIM USE PERMIT FOR SPECTRUM HIGH SCHOOL TO OPERATE A HIGH SCHOOL AT THE BOYS & GIRLS CLUB, CASE NO. CU 06-15, WITH THE FOLLOWING CONDITIONS: 1. THE INTERIM USE PERMIT TO OPERATE THE SPECTRUM HIGH SCHOOL SHALL BE GRANTED UNTIL JULY 15, 2010. 2. IF AN EXTENSION TO THE JULY 15, 2010 DATE IS REQUIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 3. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 4. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 5. THE KITCHEN SHALL MEET ALL APPLICABLE BUILDING CODES. 6. ONE WALL SIGN AND ONE FREESTANDING SIGN NOT TO EXCEED 96 SQFT IN TOTAL COMBINED AREA SHALL BE ALLOWED. 7. NO PARKING SHALL BE ALLOWED ON THE DRIVEWAY (6TH STREET) INTO THE FACILITY. 8. THE APPLICANT SHALL INSTALL NO PARKING SIGNS ON THE DRIVEWAY PER THE CITY/STATE REQUIREMENTS. 9. NO PARKING SHALL BE ALLOWED ON JACKSON AVENUE. 10. THE APPLICANT SHALL PROVIDE THE CITY WITH WRITTEN PERMISSION FROM THE PROPERTY OWNER IN WHICH THE FREESTANDING SIGN IS LOCATED. Planning Commission Minutes Page 6 June 13, 2006 --------------------------- 11. IF PARKING IS DEEMED BY THE CITY OF ELK RIVER AS A POLICING ISSUE, THE PROOF OF PARKING LOT WOULD BE REQUIRED TO BE CONSTRUCTED, AS INDICATED ON THE SITE PLAN. MOTION CARRIED 7-0. 5.4. Request by Crystal/Timothy Thomsen for a Zone Change to Rezone certain property from R3 to R4, Public Hearing -Case No. ZC 06-04 Mr. Barnhart stated that staff requests that this item be tabled until the July 11~ Planning Commission meeting and extend the 60 day review period to allow for further review of the request. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER STEVENS TO TABLE THE REQUEST BY CRYSTAL/TIMOTHY THOMSEN FOR A ZONE CHANGE, CASE NO. ZC 06- 04 TO THE JULY 11, 2006 PLANNING COMMISSION MEETING. MOTION CARRIED 7-0. MOTION BY COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER STEVENS TO EXTEND THE 60 DAY REVIEW PERIOD. MOTION CARRIED 7-0. 6. Other Business 6.1. Uydate on May 15, 2006 City Council Meeting Commissioner Stevens provided an update on the May 15, 2006 City Council meeting. 6.2. date by Community Development Director Scott Clark provided information on a proposed Work Plan for the Planning Commission that is being finalized. The plan will include the following topics, as well as any topics the Commissioners may wish to add: • Tree Preservation and Transfer of Development Rights/Density • 4 per 40 ordinance • Commercial versus industrial in Business Park Zoning • Gateway Land Use Study/Economic Feasibility • North of Highway 10 (north of downtown) area Mr. Clark stated that his intent is to have an 18-month work plan to present to the Commission by August 1~. He noted that the Planning Commission workshop schedule will be utilized to complete this work. 8. Adjournment There being no further business, COMMISSIONER STEVENS MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:50 p.m. Planning Commission Minutes June 13, 2006 --------------------------- Respectfully submitted, Debbie Huebner Recording Secretary Page 7