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4.1 PCSR 09-23-2014 DRAFT MINUTES Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, September 23, 2014 Members Present: Chair Eric Johnson, Commissioners Andrew Crook, Jeremy Johnson, Mike Keller, Mark Konietzko, Jill Larson-Vito and Thomas Petschl Members Absent: None Staff Present: Park Planner/Planner Chris Leeseberg, Planner Zack Carlton Also Present: Councilmember Burandt 1.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 The Pledge of Allegiance was recited. 3. Consider 9/23/2014 Planning Commission Agenda Moved by Commissioner Konietzko and seconded by Commissioner Keller to approve the September 23, 2014, Planning Commission agenda with the following change: Remove Item 8.1 Worksession discussion Motion carried 7-0. 4.1 8/26/2014 Regular Planning Commission Meeting Minutes Motion by Commissioner Jeremy Johnson and seconded by Commissioner Larson- Vito to approve the August 26, 2014, Regular Planning Commission meeting minutes. Motion carried 7-0. ------------------ 4.2 8/26/2014 Planning Commission Workshop Minutes Motion by Commissioner Jeremy Johnson and seconded by Commissioner Konietzko to approve the August 26, 2014, Planning Commission Workshop minutes. Motion carried 7-0. Planning Commission Minutes Page 2 September 23, 2014 4.3 9/9/2014 Planning Commission Workshop Minutes Motion by Commissioner Jeremy Johnson and seconded by Commissioner Crook to approve the September 9, 2014, Planning Commission Workshop minutes. Motion carried 7-0. 5.1 Request by Roger Derrick/Washington Street Investors, LLC for Zone Change and Preliminary Plat Approval – West Oaks Fifth and Sixth Additions, Case No. ZC 14-05 and P 14-06 – Public Hearing The staff report was presented by Chris Leeseberg. Staff recommended approval of both requests with the conditions listed in the staff report. Chair Johnson opened the public hearing. No one spoke for or against this issue. Chair Johnson closed the public hearing. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Larson- Vito to recommend approval of the request by Roger Derrick/Washington Street Investors, LLC for a Zone Change to rezone certain property from R-3 Multi-family Residential to PUD Planned Unit Development. Motion carried 7-0. ------------------- Motion by Commissioner Keller and seconded by Commissioner Konietzko to recommend approval of the request by Roger Derrick/Washington Street Investors, LLC for Preliminary Plat approval of West Oaks Fifth and Sixth Additions, with the following conditions: 1.Preliminary Plat (P 14-06) with the following conditions: a.Surface Water Management Fee at the rate applicable at the time of Final Plat approval. b.All appropriate grading permits must be obtained prior to commencing work on the site. c.Grading and Erosion Control plan be submitted and approved by the city engineer prior to the issuance of building permits. d.Water Availability Charge be paid prior to releasing the plat for recording. e.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. f.Service Connection Plan approved by city engineer. g.The applicant shall work with staff to develop a landscape plan that provides for 25 new trees. h.A Conditional Use Permit shall be approved prior to the approval of a Final Plat. Motion carried 7-0. Planning Commission Minutes Page 3 September 23, 2014 5.2 Request by Bob Neizke/GATR Truck Center for Concept Review, Case No. CR 14-03 The staff report was presented by Chris Leeseberg. Mr. Leeseberg stated that staff is looking for feedback rezoning to C3, and how with use for the site. Most likely would be a CUP if approved. Mr. Leeseberg noted that the Commission needs to look at the criteria to see if the use is consistent with Comp Plan. He noted that they also need to consider whether or not the use would create excessive traffic, noise or fumes or otherwise be a detriment to the neighborhood. Mr. Leeseberg explained that the use would be for 100 trucks/day with 25 percent of them having trailers. He stated that the land use is part of the Focused Area Study – The Point, as referenced as blue point, high density housing and river front amenity. Mr. Leeseberg stated that the Commission is asked to consider traffic, current conditions and future plans for this area. He reviewed MnDOT’s future plans for Highway 10, noting that there would be minima la intersection to access the site. Mr. Leeseberg stated that this area is designed in the Fast Study for office uses, commercial uses, and single family townhomes current. He noted that rezoning of the FAST Study area is currently being implemented comp plan, and felt it could be premature to amend any zoning in FAST study area. If any application comes in to change land use, staff would recommend waiting. Staff would like the Commission’s comments. Commissioner Konietzko asked if staff could foresee any challenges if the city were to allow truck and implement sales in the C3 zoning district. Mr. Leeseberg stated that hopefully, any concerns could be addressed through the CUP process. He noted that it would depend on the neighborhood in which it was proposed. Commissioner Konietzko asked if each request would be a case by case. Mr. Leeseberg stated that he anticipated the use would be added as a Conditional Use, rather than a Permitted Use, and each application would be reviewed on based on its own merit. Commissioner Petschl stated that he noticed parking on both sides of the road on Yale recently, and questioned how a semi-truck would be able to get through the street. Mr. Leeseberg stated that staff could take a look at that. Commissioner Jeremy Johnson asked staff if MnDOT has provided a time line for removal st of the intersection and stop light at 171 Avenue. Mr. Leeseberg stated no, but that he rd assumed it would be in conjunction with a project in the 173 Avenue area. Chair Johnson asked what the frontage road will look like, when the intersections are removed, and if the frontage road would run along Highway 10. Mr. Leeseberg stated it would likely follow Yale Street, but he did not have that information at this time. Commissioner Crook asked if staff could site an example of C3 Conditional Use Permits for RV and marine sales. Mr. Leeseberg stated that latest CUP was for Cornerstone Auto and the Kia dealership. There is an RV sales across from Furniture & Things that was reviewed Planning Commission Minutes Page 4 September 23, 2014 as a CUP. The distinction between cars and trucks is noise and fumes, which can be regulated through conditions of the CUP. Commissioner Konietzko asked what the timeframe was to review. Mr. Leeseberg stated that Mr. Barnhart hopes to review the FAST Study area for rezoning in October. Instead of trying to process a rezoning at this time, staff is suggesting that they wait until the FAST rezoning is completed. Annie Deckert, of Decklan Group, reviewed GATR Trucks existing operations. She stated that they are interested in relocating in Elk River. She noted that other communities she surveyed do not differentiate between auto sales and service and truck sales and service. She asked that the Planning Commission recommend that the Council pursue an ordinance amendment to allow truck sales/service in the C3 zoning district. She noted that if Commissioner Jeremy Johnson asked when Ms. Deckert’s client would like to locate in Elk River. Ms. Deckert stated that he would like to either break ground or move into an existing building this year yet. Chair Johnson asked what other sites they are looking at. Ms. Deckert stated that her client would not like her to divulge that information. She stated that they are also looking at other cities but that Elk River is their number one choice. Commissioner Jeremy Johnson asked if her client has any issues with the access. Ms. Deckert stated no. Commissioner Larson-Vito asked if her client is aware of the proposed intersection changes. Ms. Deckert stated yes. Chair Johnson stated he had concerns that a business owner would want to locate his office a long way down a road that would essentially be a long cul-de-sac. Mr. Leeseberg explained the timing issue of an ordinance amendment. He stated that the city would need to initiate the ordinance amendment. Mr. Leeseberg discussed the issue of the Comprehensive Plan ordinance amendment in progress and how an ordinance amendment to add the truck sales/service would be impacted. Discussion followed regarding the use in the C3 zoning district. Commissioner Jeremy Johnson stated that he felt it would be a good fit. Commissioner Larson-Vito stated that she felt it would be premature to make a change in the C3 uses when a great deal of C3 property will be impacted by the Comprehensive Plan zoning changes. Mr. Leeseberg reviewed past discussions during the Comprehensive Plan review regarding uses in this area. Commissioner Keller stated he had concerns with truck traffic on Yale Street in the residential area. He stated he did not have a problem with truck sales in that area. Chair Johnson and Commissioner Konietzko concurred. Chair Johnson noted that he would agree with the use, provided it were a CUP. Commissioner Konietzko stated that he had challenges with the truck route but agreed with the concept in general. 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. Planning Commission Minutes Page 6 September 23, 2014 Commissioner Jeremy Johnson asked if there were tree size requirements. Mr. Carlton stated that Section 30-934 lists the requirements. He noted that boulevard tree would be developer’s responsibility and the yard tree would be the homeowner’s responsibility. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Petschl to recommend approval of the request by the City of Elk River for an Ordinance Amendment to Section 30-934 of the Land Use Regulations to include landscaping requirements. Motion carried 7-0. 5.5 Request by City of Elk River for Ordinance Amendment to Section 30-994 of the Land Use Regulations to include state-licensed residential facilities or housing as a permitted use in the R3 Multiple Family Residential Zoning District, Case No. OA 14-05 – Public Hearing The staff report was presented by Zack Carlson. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson closed the public hearing. Chair Johnson asked why the use was omitted. Mr. Carlson stated that it was likely just an oversight. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Keller to recommend approval of the request by the City of Elk River for an ordinance amendment to include state-licensed residential facilities or housing as a permitted use in the R3 Multiple Family Residential Zoning District. Motion carried 7-0. 5.6 Review sale of northwest 1.3 acres of Lot 1, Block 1, Northstar Business Park for consistency with Comprehensive Plan The staff report was presented by Chris Leeseberg. He stated that staff is looking for confirmation by the Planning Commission that the land use for Lot 1, Block 1, Northstar Business Park is consistent with the Comprehensive Plan. Chair Johnson asked if this business is the one that has been attributing to the parking problems in the business park. Mr. Leeseberg stated yes. Motion by Commissioner and seconded by Commissioner Keller to confirm the consistency of the land use for Lot 1, Block 1, Northstar Business Park with the Comprehensive Plan. Motion carried 7-0. 6. General Business – None 7.1 City Council Liaison Update Councilmember Burandt provided an update on the September 15 City Council meeting. Planning Commission Minutes Page 7 September 23, 2014 9. Adjournment There being no further business, Commissioner Jeremy Johnson moved to adjourn the meeting. The meeting of the Elk River Planning Commission adjourned at 7:25 p.m. Tina Allard City Clerk _______________________ Eric Johnson, Chair, Planning Commission