07-20-2009 PC MINSPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 20, 2009
Members Present: Vice Chair Lemke, Commissioners Anderson, Ives and Westberg
Members Absent: Chair Scott and Commissioner Staul
Staff Present: Planning Manager Jeremy Barnhart, Planner/Park Planner Chris Leeseberg,
and Recording Secretary Debbie Huebner
1. Call Meeting To Order
Pursuant to due call and notice thereof, the special meeting of the Elk River Planning
Commission was called to order at 5:40 p.m. by Vice Chair Lemke.
2• Consider 07/20/09 Planning Commission Agenda
MOVED BY COMMISSIONER WESTBERG AND SECONDED BY
COMMISSIONER ANDERSON TO APPROVE THE JULY 20, 2009 SPECIAL
PLANNING COMMISSION AGENDA. MOTION CARRIED 4-0.
3. Consider 05/12/09 Planning Commission Minutes
MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER
WESTBERG TO APPROVE THE MAY 12, 2009 PLANNING COMMISSION
MINUTES. MOTION CARRIED 4-0.
4. Planning Commission Representative to Attend July 20 2009 Ci1Y Council Meeting
Commissioner Ives will attend the July 20, 2009 City Council meeting.
5.1. Request by Tim Teanetta for Conditional Use Permit for Class II Restaurant in DT
Downtown District Sweet P's Ice Cream and Candies Inc. 707 Main Street Public Hearin
— Case No. CU 09-16
Mr. Barnhart presented the request by Tim Jeanetta for an ice cream parlor in the downtown
at 707 Main Street (formerly the Bead Bag). Mr. Barnhart reviewed hours of operation,
number of employees and parking. Staff recommends approval with the seven conditions
listed in the staff report.
Chair Lemke opened the public hearing.
Tom Jeanetta, father of the applicant — stated he was present to represent his son, Tim,
who could not attend the meeting. He stated that he will be managing the store and was
present to answer any questions the Commission might have.
There being no other public comment, Chair Lemke closed the public hearing.
Page 2
Planning Commission Minutes
July 20, 2009
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MOTION BY ANDERSON AND SECONDED BY IVES TO RECOMMEND
APPROVAL OF THE REQUESET BY TIM JEANETTA FOR A CONDITIONAL
USE PERMIT FOR A CLASS II RESTAURANT IN THE DT DOWNTOWN
DISTRICT (SWEET P'S ICE CREAM AND CANDIES, INC.), WITH THE
FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.
2. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE
CODES.
3. ONLY TWO WALL SIGNS ARE ALL
AND PERMITS SHALL BE
REQUIRED FOR EXTERIOR SIGNAGE.
4. A FUTURE DRIVE-THRU SHALL BE ALLOWED AS LONG AS IT IS
CONSISTENT WITH THE SITE PLAN AS SHOWN ON THE DRAWINGS
DATED 5/26/09.
MOTION CARRIED 4-0.
5.2. Request b Daniel O'Bres — Elk River Subs Inc. for a Conditional Use Permit for Class II
Restaurant(Subway), 13501 Business Center Drive Public Hearin — Case No. CU 09-15
Mr. Barnhart stated that the applicant is requesting a conditional use permit to operate a
Subway restaurant in an existing multi -tenant building at 13501 Business Center Drive
(Country Crossing Business Center). He explained that the business is currently located
across the street and there have been no complaints or issues. Mr. Barnhart indicated that
the applicant is not planning to use the drive -through lane, but could opt to do so in the
future. He stated that staff recommends approval of the request with the four conditions
listed in the staff report.
Vice Chair Lemke opened the public hearing.
Daniel O'Bresky, applicant, 4900 Highway 169, Minneapolis, MN — Stated he does not
plan to use the drive -through lane at this time, but he will be setting up the restaurant so that
it could be utilized in the future.
There being no other comments, Chair Lemke closed the public hearing.
MOTION BY WESTBERG AND SECONDED BY IVES TO RECOMMEND
APPROVAL OF THE REQUEST BY DANIEL O'BRESKY FOR A
CONDITIONAL USE PERMIT FOR A CLASS II CENTER DRIVE, CASE NO. Cu RESTAURANT9-15, WITH (SUBWAY) AT
13501 BUSINE THE
FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.
2. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE
CODES.
3. ONLY TWO WALL SIGNS ARE ALLOWED AND PERMITS SHALL BE
REQUIRED FOR EXTERIOR SIGNAGE.
T IS
4. A FUTURE DRIVE-THRU SHALL BE ALLOWED AS LONG AS NSISTENT WITH THE SITEI
CO PLAN AS SHOWN ON THE DRAWINGS
DATED 5/26/09.
Planning Commission Minutes
July 20, 2009 Page 3
---------------------------
MOTION CARRIED 4-0.
5.3. Request by City of Elk River for Ordinance Amendment Relating to Wind Turbines Public
Hearing — Case No OA 09-04
Mr. Barnhart stated that the City Council authorized preparation of an ordinance
amendment to address wind turbines. Mr. Barnhart reviewed the draft ordinance which
defines where wind turbines would be allowed as permitted and conditional uses, height and
setbacks. He stated that the goal of the ordinance is to offer alternative energy
opportunities.
Conunissioner Ives suggested limiting the number of wind turbines on a property.
Commissioner Westberg questioned if consideration should be given to the aesthetics of
having wind turbines of different heights, features and colors.
Chair Lemke asked how property owner could request an increase in the height of a tower.
Mr. Barnhart stated that they would need to request a variance. Chair Lemke asked why
staff is recommending that the design be certified by an engineer. Mr. Barnhart stated that
this language was taken from other cities' ordinances and is intended to address wind, snow
load and temperature impacts.
Chair Lemke opened the public hearing. There being no comments, Chair Lemke closed the
public hearing.
Commissioner Ives asked if the Planning Commission would review the final document.
Mr. Barnhart stated that he suggested moving the ordinance forward to the City Council
with any amendments the Planning Commission may recommend. Chair Lemke stated that
he was comfortable with the draft ordinance as presented.
Commissioner Anderson stated that he was also comfortable with the ordinance, but
suggested that the Council may want to discuss design, height and color issues.
MOTION BY IVES AND SECONDED BY ANDERSON TO RECOMMEND
APPROVAL OF THE ORDINANCE AMENDMENT RELATING TO WIND
TURBINES AS PRESENTED BY STAFF, CASE NO. OA 09-04. MOTION
CARRIED 4-0.
6. Other Business - None
Adjournment
There being no further business, the meeting of the Elk River Planning Commission
adjourned at 6:10 p.m.
Minutes prepared by Debbie Huebner
Tina Allard
City Clerk
Peter Lemke
Vice Chair