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01-13-2009 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 13, 2009 Members Present: Vice-Chair Scott, Commissioners Anderson, Austad, Lemke, Staul and Westberg Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Park Planner; Rebecca Haug, Environmental Administrator; 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 Vice-Chair Scott. 2. Consider 1 /13/09 Planning Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER RYAN TO APPROVE THE JANUARY 13, 2009 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. 3. Consider 12/9/08 Planning Commission Minutes MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE DECEMBER 9, 2008 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend January City Council Meeting Vice Chair Scott will attend the January 20, 2009 City Council meeting. 5.1. Request by Fred McCoy~McCoy's Pub) for Conditional Use Permit for Building Expansion, Case No. CU 08-24 -Public Hearin Mr. Leeseberg reviewed the applicant's request to construct an addition (approximately 1,000 square feet) to the rear of his existing restaurant and bar. He noted that the addition would be 36 feet from the rear of the existing structure and 30 feet past the bluff line. Mr. Leeseberg stated that the interior of the addition would be for storage and the top would be a deck for customers to utilize. He stated that staff recommends denial of the request based on the findings listed in the staff report. Mr. Leeseberg noted that the applicant may apply for a variance. Mr. Leeseberg explained how the request conflicts with the bluff regulations, Section 30- 2132 and Section 30-2022(1)(2) of the city's ordinance. He stated that the DNR has indicated their opposition to the request. He noted that the Bluffs of Elk River project was allowed because the building does not encroach any closer to the river/bluff than the previous structure. Mr. Leeseberg discussed issues related to parking and design standards, Planning Commission Minutes January 13, 2009 Page 2 as well as potential issues with noise and lighting for the adjacent residential units. He noted that the Heritage Preservation Commission has not had an opportunity to review the request and any comments they have will be forwarded to the Commission. Mr. Leeseberg explained that the city must act on the application by January 28~h in order to meet the 60-day rule. Commissioner Austad asked what happens if the City Council approves the application. Mr. Leeseberg explained the timeline and procedure as outlined in the staff report to the Commission dated January 13, 2009. Commissioner Staul asked if the impervious surface is over 25 percent with the current structure. Mr. Leeseberg stated yes. Vice Chair Scott re-opened the public hearing Fred McCoy, 651 Main Street, applicant - Mr. McCoy distributed a revised site plan to the Commission and staff. He stated that the proposed addition would be no closer to the bluff setback than the Cinema building, and that the apartment constructed on the back of this building encroaches even further. He stated that the revised site plan shows that a 30 foot addition would only encroach 18 feet into the bluff setback. He stated that 8 to 12 feet has been dug out along the bluff line. Mr. McCoy stated that he feels the Bluffs building encroaches further than the previous buildings in that location, since he was able to walk behind them and now he cannot. He stated that he did not have a problem with staff's recommendation for meeting the design standards. Mr. McCoy stated that he has spoken with some of the neighboring businesses and they have no concerns with the addition and its use. He stated that when the downtown park was constructed the bluff was taken down to the river and no one was concerned, nor has there been any concerns raised about the noise and activity of the downtown concerts. Ron Touchette, representing the Bluffs of Elk River condominiums -stated he felt the proposed addition would affect the use and enjoyment of the Bluffs, since they would be directly impacted by the noise, lightings and activity. He stated that the concerts end early in the evening, and are different than the bar/restaurant activity. He stated that his other concern is parking in the downtown. He noted that McCoy's Pub is a great bar and is an asset to the downtown. Commissioner Staul asked why there is a discrepancy between the original site plan and the exhibit distributed to them tonight. Mr. Leeseberg stated that he will verify the exhibit with Bogart-Pederson. Commissioner Anderson felt that the Commission should take action on the information presented in the packet. Mr. Barnhart noted that staff's recommendation is based on the packet information. Commissioner Westberg asked if staff has any information on erosion patterns of the river. Ms. Haug explained that the Mississippi is defined as an old river and are expected to "meander". She stated that when any construction in the vicinity of a river can cause a slight change. Commissioner Westberg as if staff has noticed any erosion in the area near the Cinema building apartment? Ms. Haug stated that she has not noticed any new erosion. Planning Commission Minutes Page 3 January 13, 2009 --------------------------- Commissioner Staul stated he was inclined to move forward with a recommendation of approval, and felt the City Council and DNR could make the final determination. Commissioner Anderson stated that the Commission needs to look at the existing regulations. He stated that he could not recommend approval based on the new site plan. He stated he would support a recommendation of denial, and that staff could continue to work with Mr. McCoy on a new application. Commissioner Austad concurred. Commissioner Lemke stated that he would like to know what has changed to make the new exhibit accurate. He stated that regarding the noise impact on the downtown, he felt that residents should not move into the Bluffs and expect there to be no noise. He stated that suggesting the city deny a business to expand in the downtown to make more parking makes no sense. Vice Chair Scott stated that he agreed the city must enforce its regulations, but questioned if they must enforce the DNR Regulations. Mr. Barnhart stated that that the Shoreland regulations were written by the DNR, but that the city has adopted them and they have an obligation to enforce them. He stated that the next step the applicant could take is to apply for a variance. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND DENIAL OF THE REQUEST BY FRED MCCOY FOR A CONDITIONAL USE PERMIT, CASE NO. CU 08-24, BASED ON THE FOLLOWING FINDINGS: 1. INCONSISTENCY WITH THE SHORELAND SETBACK REGULATIONS. (SEC. 30-2022) ENCROACHES APPROXIMATELY 30 FEET PAST THE BLUFF LINE. 2. INCONSISTENCY WITH IMPERVIOUS SURFACE REGULATIONS. (SEC. 30-2025) EXCEEDS IMPERVIOUS SURFACE BY APPROXIMATELY 33% 3. INCONSISTENCY WITH DOWNTOWN DESIGN GUIDELINE APPROVED MATERIALS. (SECTION 30-1026) MOTION CARRIED 4-1. Commissioner Staul opposed. 5.2. Request b~ Maureen Ivers (Elk River K9_ LLC) for Conditional Use Permit for Dog Training and Boarding Facility, Case No. CU 09-01 -Public Hearing Mr. Leeseberg stated that the applicant currently operates a similar business at 9942 Highway 10, but would like to move to the new location (15703 Jarvis Street), and include boarding services. Mr. Leeseberg provided details of the business including the day care, boarding, number of dogs to be cared for, hours of operation, number of employees, kennel license, parking and access, and consistency with the Comprehensive Plan. Staff recommends approval of the request with the conditions listed in the staff report. Vice-Chair Scott opened the public hearing. Maureen Ivers, applicant -stated that she was present to answer questions for the Commission. Commissioner Anderson asked if the businesses would be combined to the new site. Ms. Ivers stated yes. Commissioner Staul asked staff what would happen to the CUP for the current site. Mr. Barnhart stated that the CUP would eventually expire if no one started a similar business at the site. Planxung Commission Minutes Page 4 January 13, 2009 --------------------------- MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY MAUREEN IVERS FOR A CONDITIONAL USE PERMIT FOR A DOG TRAILING AND BOARDING FACILITY, CASE NO. CU 09-01, WITH THE FOLLOWING CONDITIONS: 1. ALL CANINE TRAINING AND CARE SHALL TAKE PLACE INSIDE THE SUBJECT BUILDING 2. ALL COMMENTS OF THE FIRE CHIEF MEMO DATED JANUARY 7, 2009 SHALL BE ADDRESSED. 3. THE DOG DAYCARE SHALL BE LIMITED TO 25 DOGS PER DAY. 4. THE NUMBER OF BOARDING KENNELS SHALL BE LIMITED TO 96. 5. THE APPLICANT SHALL OBTAIN A COMMERCIAL KENNEL LICENSE FROM THE CITY OF ELK RIVER. 6. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 7. A SIGN PERMIT IS REQUIRED FOR EACH SIGN ALLOWED ON THE PROPERTY. MOTION CARRIED 6-0. 6. 1. FAST Studv Planning Manager Jeremy Barnhart stated that the City Council has asked that the Planning Commission attend the scheduled workshops for the FAST Study. The meetings will be held on Mondays at 5:30 pm. As follows: • February 17 • March 16 • Apri127 He explained that the Council's goal is to complete the study by the end of May, since the moratorium will expire in June. 6.2. Workshob Mr. Barnhart stated that the Planning Commission workshop will be held on January 27~h as scheduled. Commissioner Anderson stated he would be out of town, but would like the agenda and information emailed to him. Adjournment There being no further business, MOVED BY COMMISSIONER LEMKE TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:37 p.m. Minutes prepared by Debbie Huebner. Planning Commission Minutes January 13, 2009 /Z-- Tina Allard City Clerk *~ ~~~,~ Kevin Scott Planning Coininission Vice-Chair Pale 5