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10-28-2014 PC MINMenibers Present: Members Absent: Staff Present: Meet�ing of the Elk River Planning Commission Held at the Elk River City Hall 'Tuesday, October 28, 20i 14 Chair Eric _Johnson, Conirruissioners Andrew Crookk, jeremy johnson, Mike Keller, jill Larson -Vito and'IbOrnras Petschl Cornrraisslonet Kc)nietzko Community Operations and Developtnent Deputy Director jererny Barnhart, Park Planner/Planner (.tris Leeseberg, Planner Zack Carlton Also Present: Councilmernber Burandt J., Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Cornn-iission was called to order at 6:30 p.rn. by ("hair Eric,johnson. The Pledge of Allegiance was recited. R-jvTOEW' F&a.] 1,011w p4gliggwoufm tom,wago [it fmj� Motion by Commissioner Keller and seconded by Commissioner Pe,tschl to approve the September 2014, Regular Planning Commission meeting minutes. Motion carried 6-0, 5.1 Request by Roger Derrick/Washington Street Investors, LLC for Conditional Use Permit for PUD - West Oaks Fifth and Sixth Additions, Case No. CU 14-20 - Public Hearing The staff report was presented by Clans Leeseberg. Staff recd mended approval of the request with the two conditions listed in the repo,rt, Chair I 'Johnson opened the public hearing, There being no public conu-nent, Chairjohnson closed the public hearing, 'tiion mil , lutes, )ctobef 28, 2014 I lage 2 Motion by Commissioner Jeremy Johnson and seconded by Corrunissioner Larson - Vito to recornmend approval of the request by Roger Derrick/Washington Street Investors, LLC for a Conditional Use Permit for the West Oaks Fifth and Sixth Additions Plarined Unit Development (PUD), with the following conditions - t A, Planned Unit Development agreement shall be developed and signed by an parties prior to issuance of a building permit. 2. The applicant will work with staff on developing a, landscape plan and foundation planting that provides for 25 new trees that meet ordinance requirements S.2 Request by Hong Ce, Lin for Conditional Use Permit for Hajime Restaurant, 18850 Dodge St. NW, Case No. CU 14,-19 - Public Hearing The staff report was presented by Chris I,ceseberg. Staff recommended approval of the request with the three conditions listed in the report, Chair Johnson asked if the Sunday hours were actually 2:�00 a.m..-.- 10:0 I p.rn, Mr. Leeseberg stated he: assumed that was just a typo by the applicant, but he will clarify the hours with, the applicant, ChairJohnson opened the public heamilg, 'I'here being no public comment, Chair Johnson closed the public hearing. Chair Johnson stated that it was good to see some teriants going into this building and also), to have another restaurant in town. ('10m. MIssioncIr Petschl questioned what the actual number of seats was, since lie noticed in the attachments '100 seats was mentioned, Mr. Ixeseberg stated that the actual number is 60 seats. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Keller to recommend approval of the request by Hong Cc Lin for a Conditional Use Permit for a restaurant air 18850 Dodge Street, with the following conditions.. 1. The Comlitional Use Permit is not a building permit and the applicant must apply for and receive approval of required building permits before constructicto may begin. 2. The building shaff meet all building and fire codes. 3. The applicant must apply for and receive approval of all required sign permits before signage may be installed. The motion carried 6-0. 5.3 Request by City of Elk River Elk River for Ordinance Amendment to Section 30-903(4) relating to parking for banks, Case No. OA 14-04 - Public Hearing 11hann.ing Corarnission Minutes October 28, 2014 Rap., 3 The staff report was presented by Zack Carlton. He explained that with online banking and direct deposit, the need for five vehicles per drive-through lane is beconung less of a need, Staff recommended approval of the request as proposed. C1orn-nussioner Crook asked if other cities are adopting sitnilar ordinances. Mr, Carlton stated that the city was being proactive to provide banks more flexibility when expanding or developing new sites. Ch Johnson opened the public hearing, There being .no public comment, ChairJohnson closed the public hearing. 'W A WAAWILWA" I I% -A 1AXI I'M! 5.4 Request by City of Elk River for Ordinance Amendment to Section 30- 80 1 (c)(61) — Home Occupations, pertaining to signage, Case No. OA 14-03 — Public Hearing The staff report was presented by Zack Carlton. Mr, Carlton explained that the amendment provides consistency for horne business signage with the sign ordinance changes, ChaitJohnson opened the public hearing, 11-lere being no public comment, Chairjolinson closed the public hearing. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Larson- 7j,"'t"A' r. -P e a�mend�- 8!01(c)(6) — Home Occupations, pertaining to sig- e. Motion carried 6-0. SI.S Request by City of Elk River for Ordinance Amendment to Sectio0' 1024(d)(2) C'3 Highway Commercial Zoning District, of the City of Elk Riv Land Use Regulations to include truck sales and service, Case No. OA it The staff report was, presented Chris Leeseberg, Mr. Leeseberg provided comparison information from surrounding cities regarding zoning of truck sales and sen ice uses, Chair Johnson opened the discussion to the public for comments. No comments were received. Chair Johnson stated that he felt this use was a good fit in the C3 as a onditional Tse permit, Commissionerjohnson asked if there was a way to separate the uses. Mr. Leeseberg stated that automobile use represents passenger vehicles; micks were described as tractors, and. obviously boats would be another use, He stated they gill need to narrow the definitions down to common terms. Planning Commission Minutes October 28, 2014 llagc 4 ('oti-.Lt,i-issioner.),-)IitisorI stated he felt it was a reasonable fit In the C3 district as a CUR Chair Johnson suggested they group the uses all together at this time, until they can be defiried later. Mr. Leeseberg stated that they could proceed Frith the arnendment as is, and make adjustments at a later date, or the item could be postponed and re-evaluated for possible changes to the den 'tions.. ("commissioner Keller stated that he would support the use as a CUP in they C. :coning. Commissioner Larson -Vito asked if any of the C3 parcels available now would be suitable for the: mase. Mr. Leeseberg stated that most all of the vacant lots in the C3 would be too small for sales and service, but may be large enough for service only. Chair') chn son asked if sales and service would be separate. Mr. 1,eeseberg stated that the City Council recomiliended not separating the two uses (sales and service), He stated that a public hearing will, be held at the special meeting on Wednesday, November 5". 5.6 Request by City of Elk Riverfor Ordinance Amendment to Section 30 of t City of Elk River Land Use Regulations to add Focused Area Study Bus District, Case No. OA 14-07 — Public Hearing Jeremy Barnhart explained that tonight's discussion continues the public review process in the implementation of the Focused Area Study (I"ASI), and that official action by (be Planning Comirrission will take place at their special meeting on Novernber 5, 2014. Fie explained that approximately 900 acres are: in the study area and have been broken ifito 7-8 subsections, He noted that the ordinance amendment is part of the implementation of this portion of the Comprehensive plan and does riot change the actual, zoriliTig of property at this time. Mr. Barnhart explained that Implementation includes laird use regLilations, minimum design requirements and site requirements (setback,$) . An example would be: The Pm'nacle area -- what zoning is there now (0) and what does the plan say this property should be. C3.Future changes to Highway 10 will impact access and visibility to this area and will no longer be appropriate for Highway Business, and will be more appropriate for light industrial or job growth businesses, Mr. Barnhart explained the handout, noted P starids for Permitted Use, C for Conditional Use, and X means the use is allowed in the current district but not in the proposed district. Mr. Barnhart referenced a letter from Riverview Sports, asking that their zoning not be changed. He explained that staff is riot recon men ding this use (marine sales) as a Permitted or Conditional Use because of the future change, in access and visibility, He stated that the Planning Corarrussion could choose to recommend that this use be allowed 111 this district if they fee] it is appropriate. Mr. Barnhart stated that any business currently operating can continue as, a nonconforming use forever and can be sold and operated by someone else; there is no sunset date. He stated that the goal is to continue the discussion to the November 5, 2014, special Plannitig Commission meeting and then inove the issue forward to the City Council, on November 17, 2014, for final action, Hanaing (I'ommis�ion Nfinutes Ocmbey 28, 2014 Commissioner Keller asked if the PiTinacle district currently allows marine/ RV. Mr, Barnhart stated that the property owner can continue to operate,, maintain their property, replace roof, windows, a wall, but cannot expand their business. Chair Johnson asked ifthere was any other feedback from open house. Mr, Barnhart stated that only one comment was received in writing. Fle explained that many of those involved in 2010 FASTprocess were aware of what was coming. Chair Johnson asked that any future comments be forwarded to the Planning Cotrimission. Mr, Barnhart asked that the Planning Commissioners provide feedback on the uses. Commissioner Keller asked if there is any reason the city wouldn't want parking ramps in Pinnacle (commercial and residential parking and ramps). Mr. Barnhart explained with the exception of the downtown area, parking lots/ramps are an accessory use for a principal use already on the property. Chair Johnson opened the public hearing. Steve Rohlf, 1.2821 188" Avenue NW, representing Corilerstone Auto, asked if he understood correctly that auto sales would no longer be a permitted use on their property, which is shown in the Hinge, Mr. Barnhart stated that the Kia site currently has great access to, 171" Avenue and Highway 10, but when the Highway 10 interchange cornes, they will no longer have access to Highway 10 at 171" Avenue. Mr, Rohlf stated that if this change is approved, their brand new Kia budding that is not completed or occupied would become non-conformMig. He also stated that they have a commercial property, Lot 4, Block 1, Mississippi Ridge Second Addition, which is proposed to be changed to high density residential. He stated that they have a PUD: agreement with the city which specifies the terms and conditions for development of this lot as commercial. He stated that they have paid the commercial rate, of $60,900 in park dedication, as well as sewer and water assessments. He state that until the FASTSti:tdy, the city was behind them that this lot would be commercial. Mr. Rohlf distributed a handout which outlined their position on the two parcels owned by Cornerstone Auto/Scott Powell. Fie stated that I-x)t 4, Block I Mississippi Ridge Second Addition was the last lot to be developed and was their last opportunity to make a profit and expenses for development and taxes. Fie asked that the Planning Commissi(,,)n also not allow the Kia property to become nonconforming, John Winston, 715 Wayzata Blvd., Wayzata, NIN, attorney representing Scott Powell, stated that he wanted to present his client's concerns regarding"down-zonmig" Lot 4, Block I from commercial to residential. He stated that he would like to have dialogue with the city attorney regarding this issue. "Nit. Winston stated that a PUL) agreement and a Developer's Agreement were completed in 2001 between the developer and the city, and that these agreements were amended in 2007. He noted that the agreements state, ..-- "this shall be co.)mmercial" in reference to the lot. lie stated he did not understand how the city could. Plantung, Conitnismon Mirwtcs 6 October 28, 2014 suggest today that the lot be changed to residential, and that substantial expenses have been incurred. Mr. Winston stated that in, the findings of the 2001 approval, it states that the property was "zoned right, proper and consistent with the plans of the city." Mr. Barnhart stated that at this time, the city, is looking to create a zoning district, and properties will not automatically be rezoned. He stated that would be another public hearing and process for rezoning property, Chairjohnson closed the public hearing, Chairjohnson noted that the public hearing will be reopened at November 5, 2014; Special Planning Commission, and at the City Council meeting on Novernber 17, 2014„ Mr. Barnhart stated that the purpose of creating the district is to, address how the area will look in 10-12 years, and that things will always be changing, Fle: stated that the city knows what is coming with the Highway 10 plan and the FASTplan attempts to position the busm'esses to be ready for the changes, Chair Johnson asked why Lot 4, Block 1 Mississippi Ridge Second is proposed to be residential, Mr, Barnhart explained where a frontage toad is proposed to be located so that the businesses will not be negatively inipacted by the changes at the intersections at 171 " and 167"' and Highway 10. ChairJohnson asked why this issue did not come as part of the FASTsrudy. Mr, Barnhart stated that it did, and the frontage road issue was discussed. lie explained that the reason for the change to residential is that there would not be much property left after the roadright-of-way is established, Mr. Barnhart stated that even if the ordinance amendment is adopted, the PlJD agreement remains III place. Commissioner Keller suggested separating auto sales, truck/motorhome/RV sales, and rnarine/snowmobile sales and service. Mr. lax-nhart stated that staff will come back at a future time with recommended language changes. Chair Johnson concurred to keep the language as is for now and define it more clearly sometime later, Mr. Barnhart stated that the Planning Commission is asked to look very carefully at the uses in the various districts, fie stated that Riverview Sports asked that marine sales continue as a CUP in the Pinnacle. Mr. Barnhart asked that the Planning Commission reviewed the uses designated with Cu, for Conditional Use, P for liefittedUse, and X as not allowed, He explained that nonconfortriing uses are allowed to continue, and that property owners Call sell their business to someone else and they can Continue to operate;, Con-iii-iissioner Keller stated that the challenge with the truck sales business is that they would not be allowed to expand without a change. Chair Johnson asked that staff forward the Conitnission any other comments they, receive, Mr, Barnhart noted that they will be included in the packet, Corninissioner Keller asked why Parking ramps art, not allowed in the Pinnacle. Mr. Barnhart: explained that parking ramps are iu)t allowed it) any district, other than the downtown, as a, perinitted use because parking r,-a,ml,.)s and lots are an. accesson, use to sorrie other type of use, Plannmg Commission It Page 7 0o(ber 28, 2014 Mr. Barnhart stated that flae businesses want consistency. Mr, Barnhart asked that the Planning ("ornmissioners send him any changes or recommendations before the November 5, 2'O 14 special Planning Commission rneeting. 7.1 City Council Liaison Update Counciltnember Burandt provided an update on the October 20, 2014 City (I"'ouncil rnecting. 6. General Busineffl Mr. Barnhart stated that a joint meeting of the Planning Commission and City Council is scheduled for Monday, December 1, 2014, to discuss the gravel mining plan. He asked that all cornnuissioners who are able to attend this meeting, Mr. Barnhart stated that the three plans will be on the city's website and the mine mixer site. The Planning Cormrrissioners are asked to provide comments at the December 1, 2014, 'Joint cm.eeting with the City Council. 8. Adjournment There being no further business, Ctar missionerjohnson moved to adjourn the meeting. The meeting of the Elk River Planriing Commission adjourned at 7.45 p.m. Tina Allard City Clerk Eric Johnson, Chair, Planning C , orninis siOn