4.1 PCSR 09-23-2014 DRAFT MINUTES

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Planning Commission Minutes Page 5 September 23, 2014 Ms. Deckert asked what the next step would be. Mr. Leeseberg stated the Council could recommend the ordinance amendment, or she could pursue an ordinance amendment application on behalf of her client. Ms. Deckert stated that she would be in favor of staff moving forward with the request to the City Council. Mr. Leeseberg stated that the earliest it could go to the City Council for discussion would be th October 6, with review possibly in late October by the Planning Commission and the City Council in November. 5.3 Request by City of Elk River for Ordinance Amendment to Section 30 of the Land Use Regulations relating to fencing in all districts, Case No. OA 14-08 – Public Hearing The staff report was presented by Zack Carlton. He noted that this change brings the City’s ordinance into compliance with State Statutes. Chair Johnson opened the public hearing. There being no public comment. Councilmember Burandt stated she was concerned that the City has not gone far enough to meet the State Statue. With the ordinance amendment proposed, certain areas can be an exception. She stated that it is her understanding that State Statutes do not allow exceptions. Mr. Carlton stated that he did discuss this issue with City Attorney Peter Beck and that the Statute has a section that states the rule does not apply to parcels under 20 acres. Councilmember Burandt stated that there are parcels over 20 acres in other residential districts (R1b, R1c and R1d). Mr. Carlton stated that he will discuss this issue with Peter Beck for further clarification to make sure the amendment is consistent with State Statute. Motion by Commissioner Konietzko and seconded by Commissioner Jeremy Johnson to recommend approval of an Ordinance Amendment relating to fencing in all districts, based upon staff working with the City Attorney to ensure the amendment meets the State Statute. Motion carried 7-0. 5.4 Request by City of Elk River for Ordinance Amendment to Section 30-934 of the City of Elk River Land Use Regulations to include landscaping requirements for commercial, industrial and single-family residential districts, Case No. OA 14-06 – Public Hearing The staff report was presented by Zack Carlton. Mr. Carlton explained the tree and ground cover requirements which are being proposed. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson closed the public hearing.