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11-10-2009 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 10, 2009 Members Present: Chair Scott, Commissioners Anderson, Bell, Ives, Johnson, Lemke and Westberg Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Planner/Park Planner; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7:16 p.m. by Chair Scott. 2. Consider November 10, 2009 Planning Commission Agenda MOVED BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE NOVEMBER 10, 2009 PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITION: 6.1. CALL SPECIAL MEETING FOR NOVEMBER 30, 2009 -FAST STUDY MOTION CARRIED 7-0. 3. Consider 10/13/09 Planning Commission Minutes MOVED BY COMMISSIONER IVES AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE OCTOBER 13, 2009 MINUTES. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend Cit~Council Meeting Commissioner Bell will attend the November 16, 2009 City Council meeting. 5.1. Request by Laura Osman to Amend Existing Interim Use Permit for Commercial Kennel, 10616 175 Avenue Public Hearing -Case No. CU 09-23 The staff report was presented by Chris Leeseberg. The applicant seeks to amend their interim use permit in order to allow boarding of up to fifteen animals at one time. Mr. Leeseberg reviewed details associated with the request regarding shelter structures, fencing, exercising the dogs, parking, and measures to prevent excessive barking. Staff recommends approval of the request with the 18 conditions listed in the staff report. Chair Scott opened the public hearing. There being no public comments, Chair Scott closed the public hearing. Planning Commission Minutes November 10, 2009 Page 2 Commissioner Ives asked for clarification on Condition #14 regarding contracted work on the site. Mr. Leeseberg stated that this condition addresses number of employees that may be on site to assist in caring for the dogs. Commissioner Ives stated that he felt the condition seemed too restrictive. Chair Scott noted that since this is a residential area and not commercial, traffic and parking impacts need to be considered. Mr. Leeseberg stated that this condition was added to address the city's home occupation ordinance. Commissioner Lemke stated he had no concerns and agreed with staff's recommendations. Ijaz Osman, applicant -asked if they would be allowed to continue in their present operation until the improvements were completed. Mr. Leeseberg stated }=es. MOTION BY COMMISSSIONER WESTBERG AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY LAURA OSMAN FOR AN INTERIM USE PERMIT FOR A COMMERCIAL KENNEL, CASE NO. CU 09-23, WITH THE FOLLOWING CONDITIONS: 1. AS AN INTERIM USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE INTERIM USE SHALL TERMINATE WITH THE FINAL PLATTING OF THE PROPERTY OR WITH THE SALE OF THE PROPERTY. 3. NO MORE THAN FIFTEEN (15) ANIMALS SHALL BE BOARDED AT ONE TIME. 4. IF MORE THAN FIFTEEN (15) ANIMALS ARE DESIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 5. SIGNAGE SHALL NOT EXCEED TWO (2) SQUARE FEET IN SIZE. 6. SIGNAGE SHALL BE LOCATED ON THE SUBJECT PROPERTY AND NOT IN THE RIGHT-OF-WAY. 7. BARKING ANIMALS SHALL BE KEPT INDOORS. 8. ALL ANIMALS, WHEN NOT LOCATED IN THE DWELLING, ACCESSORY STRUCTURE(S), OR FENCED AREA SHALL BE ON LEASHES. 9. ALL KENNELS SHALL BE KEPT CLEAN AND ALL ANIMAL WASTE SHALL BE DISPOSED OF PROPERLY AS PER SECTION 10-9. 10. ALL ANIMALS SHALL BE ON A SIX (6) FOOT OR SHORTER LEASH WHEN OUTSIDE OF THE KENNEL. 11. NO MORE THAN TWO (2) ANIMALS PER SUPERVISOR SHALL BE ALLOWED OUTSIDE OF THE KENNEL. 12. ALL ANIMAL WASTE DEPOSITED OUTSIDE OF THE PROPERTY SHALL BE COLLECTED AND DISPOSED OF PROPERLY. 13. THERE SHALL BE NO MORE THAN ONE (1) INDEPENDENT CONTRACTOR ON SITE AT ANY TIME. 14. THERE SHALL BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING OR SELLING OF ANIMALS. 15. IDENTIFICATION TAGS SHALL BE ON EACH OF THE ANIMAL'S COLLARS INDICATING THE NAME, ADDRESS AND PHONE NUMBER OF THE KENNEL. 16. NO ANIMALS DESIGNATED AS DANGEROUS OR POTENTIALLY DANGEROUS ARE ALLOWED TO BE KEPT AT THE KENNEL AND KEEPING OF A DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL SHALL BE GROUNDS FOR REVOCATION. Plannuig Commission Minutes Page 3 November 10, 2009 --------------------------- 17. THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT CU 07-10 (SHERBURNE COUNTY DOCUMENT #659209) WILL EXPIRE UPON APPROVAL OF THIS CONDITIONAL USE PERMIT CU 09-23. MOTION CARRIED 7-0. 5.2. Request bvJames Enright for Zone Change from C3 I~ghwayCommercial to R4 Multiple FamilvResidential (E1kMoteL 13291 Highway 10) Public Hearing„- Case No ZC 09-02 Mr. Barnhart stated that three options the Commission may consider in addressing the application, as outlined in the staff report. He reviewed detai]s of the property including srze, access, current land use, and zoning. He stated that low densityresidential seems inappropriate. Mr. Barnhart noted that commercial uses would be difficult, since the site lacks easy access. Chair Scott opened the public hearing. A resident of Guardian Angels West asked what type of building is proposed. She stated she had a concern with increased traffic. Jim Enright and Darlene Smith, applicants - stated theypropose converting the existing 16-unit hotel to eight apartments. Mr. Enright stated they do not anticipate any significant increase in traffic, and there may actually be less traffic. He stated that if the building were demolished, there would be very few use options, since the property is narrow and sits right on the edge of the lake. He stated they do not propose expanding the building other than possibly adding some garages in the future. Some discussion followed regarding who would approve the proposed changes. Mr. Barnhart stated if the zone change is approved, the site plan would be reviewed intemallyby staff. There being no further public comment, Chair Scott closed the public hearing. Commissioner Anderson stated that it would be difficult to locate a new residential or commercial use on the site. He felt that due to the uniqueness of the property and long term use, he would support taking action to make the land use and zoning consistent. Mr. Enright stated that the building is approximately 8,500 square feet and theyhave made significant improvements. He felt that use of the property as apartments would best serve the community. Anderson asked howthe applicant proposes to convert the hotel to apartments. Mr. Enright stated that he proposes to combine two hotel units to make one apartment, for a total of eight apartments. He stated that the units will have a small deck and patio doors. He stated that he has been in the rental business and understands screening of tenants. Commissioner Westberg asked if further review would be required, if the applicant wanted to make the building larger. Mr. Barnhart stated that plans would be reviewed at a m;n;mum of staff level Commissioner Ives suggested that the request could be sent forward to the City Council with a recommendation to evaluate the whole area. Mr. Barnhart stated that could be a Planning Commission Minutes Page 4 November 10, 2009 --------------------------- fourth option, to suggest the City Council initiate appropriate land use and zoning for all three parcels in this area. Discussion followed regarding the four options. Commissioner Lemke stated that he was in favor of Option # 1. He stated that the use proposed bythe applicant is not that much different from what is there now, except possibly be changing for the better. Chair Scott concurred with Commissioner Lemke. He suggested that it would be the City Council's option to look at the area further if they chose to. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND APPROVAL OF OPTION #1 TO ADDRESS THE REQUEST BY JAMES ENRIGHT FOR A ZONE CHANGE, AS FOLLOWS: RECOMMEND THAT THE CITY COUNCIL APPROVAL OF THE ZONE CHANGE FROM C3 HIGHWAY COMMERCIAL TO R4 MULTIPLE FAMILY RESIDENTIAL REQUESTED BY THE PROPERTY OWNER AND INITIATE A COMPREHENSIVE PLAN AMENDMENT TO AMEND THE LAND USE FROM HIGHWAY BUSINESS TO HIGH DENSITY RESIDENTIAL. MOTION CARRIED 7-0. 6.1. Call Special Meeting_for November 30, 2009 MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER IVES TO CALL A SPECAL MEETING OF THE PLANNING COMMISSION TO MEET JOINTLY WITH THE CITY COUNCIL AND ECONOMIC DEVELOPMENT AUTHORITY ON NOVEMBER 30, 2009 AT 6:30 P.M. TO DISCUSS THE FAST STUDY. MOTION CARRIED 7-0. 7. Adjournment There being no further business, COMMISSIONER WESTBERG MOVED TO ADJOURN THE MEETING. The meeting of the ElkRiver Planning Commission adjourned at 7:58 p.m. Minutes prepared by Debbie Huebner. --, ;' ,rr Tina Allard City Clerk ~~ Kevin Scott ClZair