05-27-2014 PC MIN ,..,.,,,_.\
Otilc . -- ---- Meeting of the Elk River Planning Commission
River Held at the Elk River City Hall
Tuesday, May 27, 2014
Members Present: Chair Eric Johnson, Commissioners Jeremy Johnson, Mike Keller, Mark
Konietzko and Jill Larson-Vito
Members Absent: None
Staff Present: Park Planner/Planner Chris Leeseberg; Economic Development Director
Brian Beeman and Recording Secretary Debbie Huebner
I. 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 Eric Johnson.
2. Pledge of Allegiance
IIIThe Pledge of Allegiance was recited.
3. Consider 5/27/14 Planning Commission Agenda
Moved by Commissioner Konietzko and seconded by Commissioner Jeremy Johnson
to approve the May 27, 2014 Planning Commission agenda. Motion carried 5-0.
4. 4/8/2014 Planning Commission Minutes
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Keller to
approve the April 8, 2014 Planning Commission minutes. Motion carried 5-0.
5.1 Consider Redevelopment Plan for Consistency with Comprehensive Plan —
HRA Housing Rehabilitation Loan Program Target Area
Brian Beeman presented the staff report. Mr. Beeman explained that the program is intended
to provide low interest loans to property owners in the target area to improve the quality of
the housing stock. He noted that the program ties into the 2012 Mississippi Connections
Plan and the recently adopted Comprehensive Plan. Since the program is is not income
specific, the redevelopment and target area needs to be confirmed by the Planning
Commission as consistent with the Comprehensive Plan.
There were no comments from the Commission or audience.
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Planning Commtssi m Minutes Page 2
May 27,2014
Motion by Commissioner Konietzko and seconded by Commissioner Jeremy •
Johnson to confirm that the proposed redevelopment plan for owner-occupied
housing rehabilitation program is consistent with the 2014 Comprehensive Plan.
Motion carried 5-0.
5.2 Request by River of Life Church for an Interim Use Permit for Temporary
classrooms and office space at 21695 Elk Lake Road (3-year extension), Case
No. CU 14-I I — Public Hearing
Planner Zack Carlton's staff report was presented by Chris Leeseberg. Mr. Leeseberg noted
that if the Commission agrees with staff's concerns regarding the numerous extensions of
the interim use, they could add a condition to not allow any more interim use permits.
Commissioner Jeremy Johnson asked if the 2,750 square feet of space in Condition #3 is a
change from what was previously approved. Mr. Leeseberg stated that the number is
existing and has not changed.
Chair Johnson opened the public hearing.
Arthur Swanson, representing River of Life Church—asked that if the Commission added a
condition that limited them from requesting further extensions, that the limitation only be
for the temporary office space. He explained that if the church expands, it will be in the
location of the office space. He stated that they would not want to lose the classroom space 410
before construction could be completed. Chair Johnson asked if the church has any plans
for an addition. Mr. Swanson stated that the plans they have may be changing slightly.
Chair Johnson asked if Mr. Swanson had any concerns with an end date on the office space.
Mr. Swanson stated that if they were required to have an end date, they likely would be
motivated to do something sooner.
There being no else wishing to speak to this issue, Chair Johnson closed the public hearing.
Motion by Commissioner Konietzko and seconded by Commissioner Jeremy
Johnson to recommend approval of the request by River of Life Church for an
Interim Use Permit for temporary classrooms and office space, with the following
conditions:
1. All three portable structures shall be removed by June 1, 2017.
2. If an extension to the June 1, 2017, date is required, the applicant shall apply for
an amendment to the interim use permit for the classroom space only. The office
space would need to be converted to a permanent structure and the temporary
structure shall be removed.
3. The total square footage of all three portable offices shall not exceed 2,750 square
feet.
4. If the location of any of the portable structures is changed, the applicant shall
apply for an amendment to the interim use permit.
5. All three portable structures shall meet all building and fire codes.
Planning(,■>mmtssiun Minutes Page 3
May 27,2014
6. Should an access drive onto 217th Avenue be created at any time, the portion of
• 217th Avenue from County Road 1 to fifty feet past the access drive shall be paved
to city standards.
The motion carried 5-0.
5.3 Request by Benzinger Properties, Inc. for Preliminary Plat approval
(Prestigious Woodland Hills Second Addition), Case No. P 14-04 — Public
Hearing
Planner Zack Carlton's staff report was presented by Chris Leeseberg. Staff recommended
approval with the 10 conditions listed in the report.
Chair Johnson opened the public hearing.
Jeff Benninger, applicant— stated that the site is already graded out. He stated that he hopes
to build out the remaining lots to finish off the development as soon as possible.
There being no public comment, Chair Johnson closed the public hearing.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Keller to
recommend approval of the request by Benzinger Properties, Inc. for Preliminary
Plat approval for Prestigious Woodland Hills Second Addition,with the following
• conditions:
1. A developers agreement shall be prepared and executed outlining the terms and
conditions of the plat approval prior to releasing the plat for recording.
2. Surface water management fee shall be paid in the amount required by the city at
the time of final plat prior to releasing the plat for recording. (currently
$214/residential lot)
3. All comments in the letter from the city planner dated April 23, 2014, shall be
addressed and incorporated into the plans.
4. Street lights shall be installed as required by Elk River Utilities.
5. A Letter of Credit shall be provided to the city in the amount of 100% of the costs
of the public improvements.
6. Upon completing all of the improvements and having them accepted by the city,
a security or warranty in a form acceptable to the city engineer will be secured.
7. A sealcoat fee in the amount to be determined by the city engineer shall be paid
prior to releasing the plat for recording. (currently $5/foot)
8. A development plan shall be approved by the city engineer prior to the issuance
of building permits.
9. All mailboxes shall be clustered.
10. Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately.
Further, the city reserves the right to stop work authorized in its approval until
the site is appropriately investigated and work is authorized.
• The motion carried 5-0.
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May 27,2014
5.4 Concept Review — River Park Re plat
•
p P
Planner Zack Carlton's staff report was presented by Chris Leeseberg. Source Land Capital
proposes to replat nine townhome lots (48 units), to approximately 17 single-family lots. I-Ie
noted that the developer will need to work with ERMU and other agencies regarding the
existing underground utilities. Mr. Leeseberg stated that the proposed change of townhome
lots to single family lots is consistent with the surrounding existing lots. The Commission is
asked to provide comments and no action is necessary at this time.
Chair Johnson expressed his concern with parking on the streets in this area when an event
is held at Twin Lakes Elementary School. Mr. Leeseberg stated that parking is allowed on
city streets for overflow parking in residential areas.
Chase Peterson, developer, Source I,and Capital introduced himself and stated he was
available for any questions the commission may have.
Commissioner Jeremy Johnson asked if any feedback has been received from the
neighborhood. Mr. Leeseberg stated that a public hearing will be held if the developer
proceeds with the replat. Commissioner Johnson stated that he felt it was a good thing to
have development move forward and that he would expect the lower density to be more
favorable to the neighbors.
It was the consensus of the Planning Commission that they were in favor of the proposed •
replat of River Park townhome lots to single family.
5.5 Request by Douglas Warneke for Preliminary Plat Approval (DHJ plat), Case
No. P 14-03 — Public Hearing
Chris Leeseberg presented the staff report. Douglas Warneke has requested a replat of two
existing lots to create one additional buildable lot. The subject property is located in the
southwest corner of the intersection of Holt Avenue and 8"' Street. Staff recommended
approval of the request with the seven conditions listed in the staff report.
Commissioner Jeremy Johnson asked if there were any safety concerns with the location of a
driveway at an angle at the intersection of the two streets. Mr. Leeseberg stated that no
concerns were expressed by staff.
Commissioner Konietzko asked if there were any setback issues with the driveway. Mr.
Leeseberg explained that a 5-foot driveway setback on either side of the driveway required,
and so as long as the applicant can meet that requirement, there is no issue.
Chair Johnson opened the public hearing.
•
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May 2-.2014
Howard Triggs, 14529 180th Avenue, representing the applicant— stated that he was present
• to answer questions. He noted that the staff report listed Lot 2, Block 2 and Lot 3, Block 3
and the block number should be Block 1 for all three lots.
Jeff Hanson, 801 Holt Avenue — stated that he owns the lot directly north of the proposed
new lot. He stated that he contacted the city prior to purchasing his property and was told
the lot could not be developed. He asked how long the lot would sit before being developed.
Also, he stated he would like to have more time before a decision is made, since he does not
understand all the impacts the new lot may create.
Mr. Leeseberg noted that the lots meet all the city requirements. He stated that he was not
sure what \1r. Hanson was told, but the lots can be subdivided.
Mr. Triggs provided background information which lead to the decision to plat the property
into an additional lot. He stated that platting the property also cleans up some encroachment
issues, as well. He stated that the family has no immediate plans for the lot at this time.
There being no more comments, Chair Johnson closed the public hearing.
Commissioner Konietzlco stated he has no issues with the request if it meets the city's
requirements and the new lot will accommodate the construction of a house that fits in with
other homes in the neighborhood.
• Mr. Hanson asked what the park dedication is for. Mr. Leeseberg explained that a park
dedication is required when platting new lots which is used for acquiring new park land or
park equipment. Mr. Hanson asked how the amount is determined. Mr. Leeseberg explained
that the council sets the amount on a yearly basis.
Motion by Commissioner Konietzko and seconded by Commissioner Jeremy
Johnson to recommend approval of the request by Douglas Warneke for Preliminary
Plat approval of DHJ plat,with the following conditions:
1. Surface water management fee for one lot in the amount required by the city at
the time of final plat be paid prior to releasing the plat for recording. ($208 per
lot, 2013 rate)
2. All appropriate grading permits must be obtained prior to commencing work on
the site.
3. Grading and erosion control plan be submitted and approved by the city engineer
prior to the issuance of building permits.
4. Water availability charge be paid prior to releasing the plat for recording.
5. Park dedication shall be provided in the form of cash for one (1) lot at the rate
applicable at the time of Final Plat approval.
6. Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately.
Further, the city reserves the right to stop work authorized in its approval until
the site is appropriately investigated and work is authorized.
• 7. Service connection plan approved by city engineer.
Planning Commission Minutes 1'agc 6
May 27,2014
The motion carried 5-0.
5.6 Request by Julianne Will for Conditional Use Permit for Home Occupation, •
9 Y � P
Case No. CU 14-12 — Public Hearing
Chris Leeseberg presented the staff report.
Commissioner Larson-Vito asked if there would be a time limit on the Conditional Use
Permit (CUP). Mr. Leeseberg stated no. She asked if there were any concerns expressed by
the police or fire departments. Mr. Leeseberg stated no.
Chair Johnson opened the public hearing.
Julie Will, applicant— stated that in addition to clothing, other items are available such as
shampoo and toothpaste. Items that are not traded are donated to five other charitable
organizations in the community. She stated that she is actively looking for space and the
business is growing more than she imagined it would. Ms. Will stated that she is hoping she
will not have to stop the exchange while she moves toward her goal of moving the operation
out of her home.
Commissioner Jeremy Johnson asked Ms. Will about her concern with Condition #8 as
mentioned by Mr. Leeseberg, regarding keeping the garage door closed. Ms. Will explained
that she did not have an issue with keeping the garage door closed during business hours,
but when she is doing normal activities such as working in her yard, she would like to be able •
to open the door. She explained that the garage is used to store items for the exchange, but
that it is also used for normal things like personal storage and to park their car. Mr.
Leeseberg stated that Ms. Will has a valid argument and that the ordinance does require at
least a single garage. He stated that the condition was included due to the fact the ordinance
states a home occupation shall have no visible storage related to the home occupation. He
suggested possibly screening the stored items related to the exchange.
Chair Johnson stated he had a concern that the applicant would also have the same items in
her garage that any residence would have. I-le suggested using a movable partition to screen
the stored exchange items. Commissioner Larson-Vito asked if the applicant could store the
items in a manner so as not to appear as merchandise, since there was no selling in the
garage. Chair Johnson suggested striking condition #8 regarding opening the garage door,
and modifying condition #7 to address screening of the storage items.
Julie Sabin-Scharber, 11499 1901' Lane — stated her only concern was the maximum number
of clients they could expect and amount of traffic that would be generated. She asked if there
would be 100 people a week, or what number could the applicant provide regarding the
number of clients she anticipated.
Ron Mass, Rogers, MN — expressed his support for the business, stating that Ms. Will helps
people outside of Elk River. He stated she provided donations not only to other states but
other countries in the world. He stated that the good work that Ms. Will is doing far
outweighs the limited activity that may be a little bothersome to the neighbors. •
Planning(:0>mmissinn Minutes Page
\1ae 27,2014
• Sharon Rush, 11490 190th Lane — stated she had concerns with the traffic and noise, and was
happy with the hours of operation that had been defined. She stated it would be more of a
benefit to her if the people were required to park on the street since she can hear the car
doors shut near her bedroom window.
Bonnie Douglas, 11491 190 1.2 Lane — stated she lives next door to Ms. Will and did not feel
the operation poses a concern or threat for the neighbors. She stated that it is not noticeable
there is a business operating in the home. She stated that some residents in the
neighborhood have 5 or 6 cars. Also, some of the residents have boxes piled to the top of
their garages and leave their garage door open all the time. Ms. Douglas stated that Ms. Will
is very organized and neat. She felt what Ms. Will was doing was a good thing.
Brian Scharber, 11499 190th Lane— stated that when the business started, there were cars
everywhere and their mail was not being delivered because cars were parked in front of their
mailbox. He stated he did not have a problem with the use as long as it is not affecting other
residences.
A resident at 20369 Meadowvale Road spoke, stating that she was a single parent and client
of Ms. Will's and utilized the exchange to clothe her two children. She stated that she is
aware of others driving from the metropolitan area to use the exchange. She noted that Ms.
Will received a call at 2 a.m. for assistance for a family that had a fire. She stated she would
hate to see her shut down while she tried to find a building for the operation.
• Ms. Will stated that she will have her 6 children home this summer and will limit the number
of appointments. She stated it would be difficult to predict exactly how many clients she
would have each week, as there could be none or she could be completely booked with
appointments. She noted that she is telling clients to come to her house via Evans to reduce
the traffic through the neighborhood.
Commissioner Konictzko asked how long an appointment takes. Ms. Will stated that she
usually schedules one hour for an appointment, and that some only take 20 minutes or she
may schedule two time slots (2 hours) for a new client. Commissioner Konietzko asked
when the operation started. Ms. Will stated that she started the idea in November 2013 and
no one really came until Christmas time. She noted that after the Fox 9 television story
regarding her operation aired, it really took off.
Commissioner Larson-Vito asked when Ms. Will started scheduling visits by appointments.
Ms. Will stated that she started in March because there were too many people lust showing
up.
Commissioner Konietzko asked the neighbors in the audience if they could see a difference
since the appointment scheduling began.
Julie Saben-Scharber stated that it made a huge difference in the number of cars and traffic
with the appointments. Sharon Rush concurred, but asked that on street parking be allowed.
•
Planning l:inunnissum Minutes Page 8
May 27,2014
Mr. Leeseberg explained that one of the permitted home occupation criteria is that parking
for the business is located on-site. He stated that it would be difficult to monitor if the
4110
clients were allowed to park on the street. By requiring on-site parking, there is some
accountability and it would not be difficult to count the cars on site to see if the
requirements of the permit were being met.
Chair Johnson asked why the applicant had to go through this CUP process and she was not
allowed to apply for a general home occupation permit. Mr. Leeseberg explained that staff
and the city attorney determined this service was a retail use and that retail home
occupations require a CUP.
Mr. Leeseberg explained the difficulty in establishing what type of business Ms. Will was
operating and that after consulting with the city attorney, it was determined that it most
closely resembled a retail business, since the exchange is a type of payment (like for like).
Bonnie Douglas stated that when she first moved to the neighborhood, drivers thought their
street was an access to Highway 169 and the traffic was terrible. She stated that the limited
amount of traffic they have now is nothing compared to what it was.
Commissioner Konietzko asked if any thought was given to issuing an Interim Use Permit.
Mr. Leeseberg stated no.
Mr. Maas stated he would not want to see a specific time line put on the permit. He stated
that if the applicant had funding coming in, it would be easier to know when she could move •
the operation. He asked that if anyone in the community had space they were willing to
donate, they would like to hear from them.
There being no further public comments, Chair Johnson closed the public hearing.
Chair Johnson stated that with the limitations and structuring of the CUP, he was in favor of
recommending approval.
Motion by Commissioner Keller and seconded by Commissioner Larson-Vito to
recommend approval of the request by Julliane Will for a Conditional Use Permit to
allow a home occupation at 11508 190th Lane NW, consisting of a non-profit retail use
"The Clothing Exchange/Molly's World Inc.", with the following conditions:
1. The Conditional Use Permit is not a building permit and the applicant must
apply for and receive approval of all required permits before construction may
begin.
2. No more than two (2) clients/appointments shall occur at one time.
3. Only one (1) vehicle per client/appointment shall be allowed.
4. No trailers shall be allowed by clothing exchange clients.
5. All clothing exchange clients must park on the subject property driveway.
6. There shall be no outside storage of clothing exchange merchandise.
7. Clothing exchange merchandise shall not be visible from outside of the subject
property residence via screening or other methods. •
8. Signage shall be limited to six (6) square feet.
Planning Commission Minutes Page 9
May 27.2014
• 9. The applicant must apply for and receive approval of all required sign permits
before signage may be installed.
10. Hours of operation shall be limited to:
a) Wednesday, Thursday, and Friday (11:00 a.m. - 4:30 p.m.)
b) Saturday and Sunday (11:00 a.m. -5:00 p.m.)
The motion carried 5-0.
5.7 Request by Brian Brehmer for Conditional Use Permit for rental business
(U-Haul) at Raiphie's Victory Lane, 13374 Highway 10, Case No. CU 14-13 —
Public Hearing
The staff report was presented by Chris Leeseberg. Mr. Leeseberg provided Exhibit B
which demonstrated staff's revised recommendation for parking of the rental vehicles and
trailers. Staff recommended approval of the CUP with the changes noted.
Chair Johnson opened the public hearing.
Brian Brehmer, applicant— stated that Exhibit B was more favorable. He stated he would
like to park only trailers by the gas fill arca, since parking the other vehicles would hinder the
gas fill trucks.
Chair Johnson asked if the applicant had any issues with the recommended screening. Mr.
• Brehmer stated no, and noted that two trees on the site do not show up on the exhibit. Mr.
Leeseberg provided information on the viewing screen which showed those trees are likely
in the highway right-of-way.
Chair Johnson asked what the maximum number of trucks and trailers on the property has
been. Mr. Brehmer stated he has had up to 8 trucks (vans) and 6 trailers (14 vehicles), but he
would like to be allowed a maximum of 16 vehicles during peak times. Chair Johnson stated
he did not see a problem with a maximum of 16 vehicles. Mr. Leeseberg stated that staff
recommended a maximum of 10 to minimize the visual impacts, in accordance with the
city's beautification program. Chair Johnson stated that he was not opposed to increasing the
number of vehicles and suggested requiring more trees. Mr. Leeseberg stated that there are
limited options for trees due to the power line running along the southern portion of the
site.
Chair Johnson asked where Mr. Brehmer currently parks the excess vehicles in peak times.
Mr. Brehmer stated he parks them near the fuel price sign in the northwest corner of the
site. Commissioner Konietzko asked if Mr. Brehmer would park vehicles along Highway 10.
Mr. Brehmer stated no, due to the location of the propane fill and the large trucks utilizing
this area for access to the diesel fuel.
Discussion followed regarding the best location for parking of regular vehicle inventory and
excess vehicles during peak times. Mr. Brehmer explained that parking trailers in the
southern parking spaces did not work due to the incline, which caused the trailers to roll
• forward.
Planning Commission Minutes Page 10
Ala` 27,2014
There being no further public comment, Chair Johnson closed the public hearing. •
Chair Johnson asked why staff chose to limit the number of vehicles to 10. Mr. Leeseberg
explained that staff felt this number of vehicles could be parked with minimal impacts. He
noted that there are no ordinance requirements hnutmng the number.
Commissioner Keller suggested parking the additional vehicles to the north of the proposed
location toward the gas price sign.
Chair Johnson stated he would rather not limit a stable business to a number less than what
he currently has been operating with, and would rather see more screening added.
Discussion followed regarding screening.
It was the consensus of the Commission to change condition #3 to allow a maximum of 16
vehicles and to designate 10 stalls on the southern portion of the site for normal parking
needs and 6 additional parking stalls in the southeast corner of the site for overflow parking
during peak times.
Motion by Commissioner Konietzko and seconded by Commissioner Jeremy
Johnson to recommend approval of the request by Brian Brehmer for a Conditional
Use Permit for a U-Haul rental business at Ralphie's Victory Lane, 13374 Highway
10, with the following conditions:
1. The Conditional Use Permit is not a building permit and the applicant must •
apply for and receive approval of all required permits before construction may
begin.
2. The applicant must apply for and receive approval of all required sign permits
before signage may be installed.
3. No more than 16 rental vehicles and trailers shall be on site at any given time.
4. No equipment other than trucks and trailers may be displayed.
5. Rental vehicles and trailers shall not exceed 26 feet in length
6. No drive area may be obstructed.
7. Five (5) additional trees shall be installed by October 1, 2014.
The motion carried 5-0.
6. General Business — None
7.1 City Council Liaison Update
Councilmember 13urandt updated the Commission on Council action regarding changes to
the Comprehensive Plan.
7.2 June 25th Parks and Recreation Master Plan Open House
•
Planning Commission Minutes Page 11
Ma\ 2-,2014
Chris I,eeseberg noted that an open house will be held on June 25, 2014 from 5:00 p.m. —
4110 8:00 p.m. at City 1-Iall to review the Parks and Recreation draft Master Plan.
8. Adjournment
There being no further business, Commissioner Jeremy Johnson moved to adjourn the
meeting.
The meeting of the Elk River Planning Commission adjourned at 8:23 p.m.
Minutes,prepared by Debbie Huebner.
Tina Allard
Ci Clerk
Anson, Chair, Planning Commission
•