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08-11-2009 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 11, 2009 Members Present: Chair Scott, Commissioners Anderson, Ives, Lemke and Westberg Members Absent: None Staff Present: Planning Manager Jeremy Barnhart and 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 6:30 p.m. by Chair Scott. 2. Consider 08/11 /09 Planning Commission Agenda MOVED BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE AUGUST 11, 2009 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3.1. Consider 06/09/09 Planning Commission Minutes MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE JUNE 9, 2009 PLANNING COMMISSION MINUTES. MOTION CARRIED 5-0. 3.2. Consider 06/23/09 Special Planning Commission Minutes MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE JUNE 23, 2009 SPECIAL PLANNING COMMISSION MINUTES. MOTION CARRIED 5-0. 3.3. Consider 07/20/09 Planning Commission Minutes MOTION BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE JULY 20, 2009 SPECIAL PLANNING COMMISSION MINUTES. MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend August 17, 2009 Cith Council Meeting Chair Scott will attend the August 17, 2009 City Council meeting. 5.1. Request by Deb Unruh and Tim Marchiafava for a Conditional Use Permit for Private Kennel License, Public Hearing— Case No CU 09-17 Mr. Barnhart stated that a conditional use permit is required because the property is less than five acres in size. He explained that a private kennel license is different than a commercial Planning Commission Minutes August 11, 2009 Page 2 kennel license, in that no boarding or sales is conducted. He stated that the city originally received a complaint, and upon inspection, staff found there were more than three dogs on the property. The applicant was informed of the conditional use permit requirement, and they immediately started the process to comply. Mr. Barnhart stated that four letters of support have been received. Mr. Barnhart stated that staff recommended approval of the request with the five conditions listed in the staff report. Commissioner Ives asked if there were any regulations regarding location and height of the kennel. Mr. Barnhart stated that there are no requirements in the land use regulations; however, there may be requirements in the city's kennel license. Vice Chair Lemke opened the public hearing. Susan Perldns,19008 Waco Street NW — stated that she has known the applicants for a number of years, and that the dogs are well taken care of and well -disciplined. She stated the applicants' yard is immaculate and you wouldn't know they had five dogs. There being no other comments, Chair Lemke closed the public hearing. Commissioner Ives asked staff how often kennel licenses are checked. Mr. Barnhart explained that there are two levels of inspection. First, the conditional use permit is reviewed for compliance with the conditions of approval. Also, kennel licenses are inspected on an annual basis by the Police Department. Commissioner Anderson stated that he supported the conditional use permit, and that the positive letters of support are recognized by the Commission. MOTION BY LEMKE AND SECONDED BY ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY DEB UNRUH AND TIM MARCHIAFAVA FOR A CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL, CASE NO. CU 09-17, WITH THE FOLLOWING CONDITIONS: 1. NO ON -SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELLING SHALL BE ALLOWED. 2. THE PRIVATE KENNEL SHALL BE LIMITED TO FIVE (5) DOGS OVER THE AGE OF 6 MONTHS. ADDITIONAL DOGS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9. 4. THE APPLICANT SHALL RECEIVE A PRIVATE KENNEL LICENSE FROM THE CITY COUNCIL. 5. ALL DOGS MUST BE LICENSED AND VACCINATED. MOTION CARRIED 5-0. 5.2. Request by City of Elk River for Ordinance Amendment Relating to Restaurants. Public Hearing— Case No. OA 09-05 Mr. Barnhart reviewed the proposed ordinance amendment to allow Class I and Class II restaurants in the C-3 zoning districts as permitted use, and Class I restaurants in the C-4 zoning districts as a permitted use. Planning Commission Nhnutes _-August 11, 2009 Page 3 Chair Scott opened the public hearing. There being no public comment, Chair Scott closed the public hearing. Commissioner Ives asked for clarification on time lines for a conditional use permit application versus a permitted use. Mr. Barnhart explained that permitted uses go through the same staff review process as conditional uses, and issues are caught at this level. He stated that the conditional use permit process takes from 6 weeks to 2 'h months, depending upon when during the month an application is initially received. He stated that the staff review process is much smoother and faster. Chair Scott asked if complaints have been received about the process. Mr. Barnhart stated that there are no specific current complaints but that general complaints that the process takes too long have been received. Chair Scott asked if Planned Unit Development (PUD) projects would be affected by the ordinance amendment. Mr. Barnhart stated that only C-3 and C-4 zoning districts would be affected, and there would be no change in the requirements for PUD's. Commissioner Anderson stated that he felt the changes make sense. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT RELATING TO RESTAURANTS, CASE NO. OA 09-05. MOTION CARRIED 5-0. 6.1. September Planning Commission Meeting Mr. Barnhart stated that due to the Labor Day holiday on September 7th, the City Council meeting will be held on Tuesday, September 8th. Therefore, the Planning Commission meeting date is proposed to be moved to Tuesday, September 15th. MOTION BY COMMISSIONER LEMKE, SECONDED BY COMMISSIONER ANDERSON TO CANCEL THE SEPTEMBER 7, 2009 REGULAR PLANNING COMMISSION MEETING DUE TO THE LABOR DAY HOLIDAY, AND CALL A SPECIAL MEETING FOR TUESDAY, SEPTEMBER 15, 2009. MOTION CARRIED 5-0. 6.2. Commissioner Lemke Item Commissioner Lemke asked that the Commission be provided updated Land Use and Zoning Maps. Mr. Barnhart stated that new maps will be sent out as soon as possible. Adjournment There being no further business, the meeting of the Elk River Planning Commission adjourned at 7:25 p.m. Minutes prepared by e Huebner Tina Allard City Clerk Kevin Scott Planning Commission Chair