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05-13-2008 PC MINMEETING OF THE ELK RIVER PLANNING COMMSSION HELD AT THE ELK RIVER CITY HALL TUESDAY, MAY 13, 2008 Members Present: Chair Westgaard, Commissioners Austad, Lemke, Scott and Westberg Members Absent: Commissioner Anderson and Commissioner Staul Staff Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Park Planner/Planner Chris Leeseberg, Recording Secretary Debbie Huebner Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:54 pm by Chair Westgaard. 2. Consider May 13, 2008 Planning Commission Agenda MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE MAY 13, 2008 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. Consider April 8, 2008 Planning Commission Minutes MOVED BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE APRIL 8, 2008 MINUTES. MOTION CARRIED 5-0. 4. Planning Coirunission Representative to Attend May 19, 2008 City Council Meeting Due to the absence of Commissioner Staul, Commissioner Austad will attend this meeting. 5.1. Request by Pamela Rorwick for Conditional Use Permit to Allow Horses, Public Hearing - Case No CU 08-10 Sheila Cartney presented the staff report for this item. She noted that the property was subdivided in Apri12008, and since it is less than five acres, a conditional use permit is required to allow the requested three horses. Ms. Cartney reviewed the layout of the site and proposed conditions. Staff recommends approval of the request. Chair Westgaard opened the public hearing. There being no public comment, Chair Westgaard closed the public hearing. Commissioners Lemke, Scott and Westberg had no issues with the request. MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSIONER WESTBERG TO RECOMMEND APPROVAL OF THE REQUEST BY PAMELA RORWICK FOR A CONDITIONAL USE PERMIT TO ALLOW UP TO THREE HORSES, CASE NO. CU 08-10, WITH THE Planning Commission Minutes May 13, 2008 FOLLOWING CONDITIONS: 1. THE PLAT MUST BE RECORDED BEFORE THE CUP IS ISSUED. 2. THREE ACRES OF FENCED IN PASTURE IS REQUIRED TO HAVE THREE HORSES. 3. THE PASTURE FENCE SHALL BE SET BACK 5 FEET FROM THE PROPERTY LINE. 4. THE PASTURE AREA CAN NOT INCLUDE THE SEPTIC DRAIN FIELD AREA. 5. ANY MANURE MANAGEMENT PLAN SHALL BE APPROVED BY THE CITY OF ELK RIVER ENVIRONMENTAL DEPARTMENT AND ANY OTHER REQUIRES REGULATORY AGENCIES. 6. SOME SORT OF SHELTER WITH A ROOF MUST BE PROVIDED FOR THE HORSES AT ALL TIMES. 7. AN INCREASE IN HORSES ABOVE 3, AT ANY TIME WILL REQUIRE A NEW CONDITIONAL USE PERMIT. MOTION CARRIED 5-0. 5.2. Request by City of Elk River for Ordinance Amendment to Prohibit Flag Lots, Public Hearing -Case No. OA 08-04 Ms. Cartney presented the staff report. She noted that the Council had some concerns with the flag lot design approved for an administrative subdivision in February 2008. On March 10, 2008,Council directed staff to prepare an ordinance for review which prohibits flag lots, and implemented a moratorium on flag lots for six months. Staff recommends approval of the ordinance as proposed. Commissioner Lemke asked why the Council wished to prohibit flag lots. Mr. Barnhart explained that property disputes could arise, and the design was not conducive the future infrastructure projects for orderly development of neighborhoods. Commissioner Scott questioned if a property owner could still request a variance for the flag lot design. Mr. Barnhart stated that a variance cannot be granted for a prohibited use. He explained that restricting flag lots can be used as tool to better design future subdivisions. Commissioner Westberg questioned what criteria determine whether a lot is a "flag" lot, and what if flag lot has 2 "flags". Ms. Cartney explained what type of lots the Council is trying to prohibit. Commissioner questioned if the base of the "flag" was wide, would it be prohibited. Ms. Cartney stated that it would not be defined as a flag lot in that case. Mr. Barnhart noted that width of a flag lot at the street is not based on a number, but rather, they would look at how the properties would likely develop in the future. Chair Westgaard opened the public hearing. There being no public comment, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO PROHIBIT FLAG LOTS, CASE NO. OA 08-04. MOTION CARRIED 5-0. Page 2 Planning Commission Minutes May 13, 2008 5.3. Request by Trident Development for Site Plan Review Public Hearing -Case No CU 08 08 Staff report was presented by Sheila Cartney. Ms. Cartney stated that the applicant is proposing to construct a 60-unit apartment building on Outlot D of Elk River Station. She provided information regarding the layout of the proposed project, building details, landscaping/trees and wetland issues. Staff recommends approval of the request with the conditions listed in the staff report. Commissioner Scott asked if the Fire and Building Departments have reviewed the plans. Ms. Cartney stated yes, and all code requirements will be met. Chair Westgaard opened the public hearing. Roger Fink, Trident Development -Stated that Trident specializes in multi-family and owns/manages over 400 units. He stated that they will identify which trees can be saved and which ones will be replaced. Mr. Fink stated that they are willing to construct the trail as requested, but they ask that the Commission support their request for a credit to their park dedication fees for construction of the trail. There being no public comment, Chair Westgaard closed the public hearing. Commissioner Scott asked if updated wetland delineation is needed. Ms. Cartney stated that staff is waiting for a decision from the Technical Evaluation Panel (TEP) on that determination. She stated that if the wetland boundary were moved, the building location would likely still meet the setback requirements. Commissioner Scott asked for clarification on the commercial areas. Ms. Cartney explained where the future commercial/retail/daycare areas are proposed. She noted that commercial areas are also proposed in the Park & Ride and commuter trail station areas. Chair Westgaard stated that park dedication issues are addressed by the Parks & Recreation Commission and City Council. Commissioner Westberg questioned where the trail will lead, or if it will dead-end on the site. Ms. Cartney stated that even though the trail will not connect to an existing trail right now, city policy has been to establish trails when property is developed, for future connections. Chair Westgaard expressed his appreciation to Mr. Fink for Trident's diligence in maintaining the PUD requirements and conditions which were originally approved for the project area. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY TRIDENT DEVELOPMENT FOR SITE PLAN APPROVAL, CASE NO. SP 08-06, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMOS DATED APRIL 1, 2008 AND MARCH 10, 2008 SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF THE ENVIRONMENTAL TECHNICIAN MEMO DATED MARCH 4, 2008 SHALL BE ADDRESSED. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. Page 3 Planning Commission Minutes May 13, 2008 4. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 5. A TREE PRESERVATION PLAN IS REQUIRED TO BE DEVELOPED AND REVIEWED BY STAFF IN ORDER TO DETERMINE IF SAVED TREES WILL BE CREDITED TO THE LANDSCAPE PLAN. 6. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS, LANDSCAPE, AND TRAIL INSTALLATION SHALL BE SUBMITTED AT THE TIME OF BUILDING PERMIT APPLICATION. PER SECTION 30-604(B). 7. THE PROPERTY IS REQUIRED TO BE PLATTED. MOTION CARRIED 5-0. 5.4. Request by Tason Bebeau for Conditional Use Permit for Mineral Excavation, Public Hearing -Case No. CU 08-08 Mr. Barnhart reviewed the location, history, and scope of the project for Mr. Bebeau's request Q & B Mining) to mine 39 acres of a 60-acre site. He stated that Mr. Bebeau wishes to resume mining of the property over the next several years. Mr. Barnhart reviewed the conditions recommended by staff including terms of the original permit, wetland bank purchase agreement with Schuer, and letter of credit for completion of the reclamation plan. Chair Westgaard opened the public hearing. Roger Schmidt,10107105~h Avenue, Annandale, representing Schuer, Inc. -Explained that Schuer is the property owner adjacent to the Bebeau property and also has a conditional use permit for mining. He stated that both Schuer and Bebeau were permitted to mine in 2004 and that Schuer had excess wetland credits, which Bebeau needed and agreed to purchase. He stated that Schuer has not received payment for the credit, but that recently they have reached an oral agreement for payment. He explained that an agreement will be written and signed before the Ciry Council meeting on May 19th, and therefore, he has no problem with approval of the request. There being no further public comments, Chair Westgaard closed the public hearing. Chair Westgaard asked if the original approval required purchase of wetland credits from Schuer. Mr. Barnhart stated he was not certain the agreement was that specific. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY JASON BEBEAU FOR A CONDITIONAL USE- PERMIT FOR MINERAL EXCAVATION, CASE NO. CU 08-08, WITH THE FOLLOWING CONDITIONS: 1. ALL CONDITIONS OF THE 2004 CONDITIONAL USE PERMIT SHALL APPLY. 2. A WRITTEN AGREEMENT BETWEEN SCHURER AND THE APPLICANT SHALL BE PROVIDED, VERIFYING THE LAND BANK PURCHASE AGREEMENT, WHICH SHALL BE PROVIDED PRIOR TO MINING OPERATIONS. 3. A LETTER OF SHALL BE PROVIDED TO GUARANTEE THE COMPLETION OF THE RECLAMATION PLAN. Page 4 Planning Commission Minutes May 13, 2008 THE MOTION CARRIED 5-0. 5.5. Request by Kinghorn Construction To Allow Church in R1B Zonin District ,Alliance Community Church) -Public Hearing Case No CU 08-09 Mr. Barnhart reviewed the 2006 conditional use permit approval for the proposed Alliance Church. He stated that the church is proposing changes to the elevations which require review by the Planning Commission and City Council. Mr. Barnhart reviewed the changes and discussed layout of the site, parking, access, and watermain looping. Commissioner Lemke asked if the lighting would be a concern for the neighbors. Chair Westgaard stated that lighting should be full cut-off. Chair Westgaard asked if there were architectural standards for this district. He felt there should be some architectural features to break up in the 160 feet of uninterrupted length of the east elevation. Mr. Barnhart stated that the Planning Commission could make suggestions but could not require such features to be included. Commissioner Scott stated he could see no reason why the Planning Commission could not require them as conditions of approval. Mr. Barnhart stated that they need to establish a basis for such requirements, such as reducing impacts on neighborhood aesthetics. Commissioner Scott stated he felt the requirements need to be consistent with other buildings in the area. Chair Westgaard opened the public hearing. Jim Strecker, representing Kinghorn Construction -stated that Kinghorn and the church have no problem with the utilities requirements. He stated that they feel the berming and landscaping will soften the impacts of the building to the back of the homes. Mr. Stukert explained financial concerns which prompted the change in the church's plans which included removing the gymnasium and basement from the plans. He noted that cleanup of the site was a tremendous expense. There being no additional public comments, Chair Westgaard closed the public hearing. Chair Westgaard stated that he could appreciate the church's financial constraints. He noted that that there was enforceable means to require them to include breaks in the elevations, but suggested that they consider their suggestions to help the building blend in with the residential neighborhood. He stated that since there were no residents present for the public hearing, there must not be a concern. Mr. Stukert noted that they will be including more trees than is required to enhance the aesthetics. Mr. Barnhart added that the building will be approximately 70 feet from the adjacent properties. Commissioner Austad asked what items the letter of credit covered. Mr. Barnhart explained that the letter of credit is required to ensure that landscaping improvements are completed. Commissioner Scott stated that he would like to see design requirements included in the conditions, but that did not see a point if they are not enforceable. Mr. Barnhart stated that the Planning Commission has the authority to implement conditions if they have basis for requiring them, and they would be enforceable. Commissioner Scott asked how they could require design standards if there are none for the district. Mr. Barnhart stated that since the surrounding neighborhood consists of small residential lots, conditions could be included, and that it was residents are given the opportunity to comment through the public hearing process. Commissioner Scott stated he was concerned there are no design standards. 1'agc 5 Planning Commission Minutes May 13, 2008 MOTION BY COMMISSIONER WESTBERG AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST OE CONDITIONAL USE PERMIT BY KINGHORN CONSTSRUCTION TO ALLOW A CHURCH IN THE R1B ZONING DISTRICT (ALLIANCE COMMUNITY CHURCH), CASE NO.OA 07-13, WITH THE FOLLOWING CONDITIONS: 1. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE PROVIDED AS A GUARANTEE FOR THE COMPLETION OF THE SITE IMPROVEMENTS. 2. FIRE DEPARTMENT COMMENTS SHALL BE ADDRESSED. 3. THE APPLICANT SHALL COMPLETE SOIL CORRECTION AS PER REBECCA HAUG, CITY ENVIRONMENTAL ADMINISTRATOR'S MEMO DATED AUGUST 3, 2006. 4. LIGHTING PLAN SHALL BE PROVIDED ,INCLUDING: A. PHOTOMETRIC PLAN BE PREPARED TO VERIFY NO LIGHT SPILLING AT GROUND LEVEL ONTO ADJACENT PROPERTIES B. LIGHT LEVEL BE NO MORE THAN 1 FOOT CANDLE C. LIGHTS ARE REQUIRED TO BE OF A SHOEBOX DESIGN AND NO MORE THAN 30 FEET ABOVE GRADE. MOTION CARRIED 5-0. 6.1. Other Business -Discuss September 2008 Meeting Date , rimary Election Mr. Barnhart stated that state law prohibits public meetings during election and since the September regular Planning Commission falls on this date, an alternate date will need to be scheduled. He asked the Commissioners to check their calendars and a date would be determined at a future meeting. 7. Adjournment There being no other business, MOVED BY COMMISSIONER SCOTT TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:03 p.m. Minutes prepared by D 'e Huebner. L~- Tina Allard City Clerk Page 6