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River
Members Present:
Members Absent:
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Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, November 25, 2014
Chair Eric Johnson, Commissioners Andrew Crook, Jeremy Johnson, Mike
Keller, Jill Larson -Vito, Mark Konietzko and Thomas Petschl
None
Staff Present: Community Operations and Development Deputy Director Jeremy Barnhart,
Park Planner /Planner Chris Leeseberg, Planner Zack Carlton; Sr.
Administrative Assistant Debbie Huebner
Also Present: Councihnember Burandt
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 6:54 p.m. by Chair Eric Johnson.
2. Consider 11/2512014 Planning Commission Agenda
Moved by Commissioner Jeremy Johnson and seconded by Commissioner Keller to
approve the November 25, 2014, Planning Commission agenda. Motion carried 7 -0.
3.1 10/28/2014 Regular Planning Commission Meeting Minutes
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Petschl to
approve the October 28, 2014, Regular Planning Commission meeting minutes.
Motion carried 7 -0.
3.2 11/5/2014 Special Planning Commission Meeting Minutes
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Larson -
Vito to approve the November 5, 2014, Special Planning Commission meeting
minutes. Motion carried 7 -0.
4.1 Request by Scott Clark for Preliminary Plat approval (Clark Addition), Case
No. P 14 -08 — Public Hearing
The staff report was presented by Chris Leeseberg. Staff recommended approval of the
request with the six conditions listed in the report.
Planning Commission Minutes
November 25, 2014
Page 2
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner
Konietzko to recommend approval of the request by Scott Clark for Preliminary Plat
approval for Clark Addition with the following conditions:
1. The portion of property, as shown on Exhibit A, shall be dedicated to the city for
right -of -way purposes.
2. Two trees shall be planted in the front yard as indicated in Section 30 -934.
3. Park dedication shall be paid for one (1) dwelling unit at the rate applicable at the
time the lot split is released for recording.
4. Access restriction shall be placed along 185``' Avenue.
5. Services to the properties north of Lot 1 Block 1 Clark Addition shall not be
allowed through Lot 1 Block 1 Clark Addition.
6. Failure of the subdivider to submit the final plat within one year, unless a written
request for extension has been submitted and for good cause granted by the
council, shall cause the preliminary plat to become null and void. However, the
subdivider may continue to final plat a phase of the approved preliminary plat
within one year of each phase in order to extend valid approval of the preliminary
plat.
Motion carried 7 -0.
4.2 Request by City of Elk River for ordinance amendment relating to the
keeping of agricultural animals, Case No. OA 14 -12
The staff report was presented by Zack Carlton. Mr. Carlton reviewed the information in the
staff report comparing the city's livestock /agricultural animal setbacks to those of nearby
cities (Big Lake, Ramsey, Blaine, Buffalo and Albertville). Staff recommended that the
ordinance be left as written with no changes.
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Motion by Commissioner Konietzko and seconded by Commissioner Jeremy
Johnson to recommend keeping the ordinance relating to keeping of agricultural
animals as written. Motion carried 7 -0.
4.3 Request by City of Elk River for ordinance amendment relating to Tap
Rooms, Breweries, Brew Pubs, Wineries and similar businesses, Case No.
OA 14-11
The staff report was presented by Zack Carlton. Mr. Carlton reviewed the staff report
details regarding breweries, wineries and definitions proposed in the amendment. He
discussed staff's recommendations for zoning district locations for these types of businesses.
Planning Commission Minutes
November 25, 2014
Page 3
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Commissioner Petschl asked if the different components of the ordinance would be acted
on separately. Mr. Carlton stated that the Planning Commission is asked to consider the
entire proposed ordinance amendment detailed in the staff report, with any changes they
may recommend, and then will be presented to the City Council for review.
Chair Johnson stated that he supported adding the uses and felt the language was good. He
supported requiring a Conditional Use Permit if an operator wished to produce more than
the maximum allowed.
Commissioner Konietzko asked if staff could provide a comparison, since an amount of
10,000 barrels was difficult to understand. Mr. Carlton explained that he found this number
was consistent with other small cities and the goal was to try to reduce the impacts on the
downtown. He stated that he was not aware of the exact amounts produced by other
breweries. Mr. Barnhart noted that there needs to be a distinction between industrial
manufacturing of alcohol and a smaller scale microbrewery operation that might be located
in the downtown. Mr. Carlton noted that Summit produces about 21,000 barrels a day.
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Keller to
recommend approval of the request by the City of Elk River for the ordinance
amendment relating to tap rooms, brewpubs, microbreweries and wineries, as
proposed in the staff report. Motion carried 7 -0.
4.4 Request by City of Elk River for approval of an "Official Map ", Section 30 —
Land Use Regulations — Public Hearing, Case No. OA 14 -10
The staff report was presented by Jeremy Barnhart.
Chair Johnson opened the public hearing.
Steve Rohlf, 12821 188t` Avenue, state that he did not oppose the official mapping of the
site, but disagreed with staff that there would be any buildable area left on the lot. He
explained that they would need to meet the 60 -foot bluff setback and the 30 -foot side yard,
rear and front setback requirements. He stated that they planned to build a restaurant on
this site, but now that will not be possible. Mr. Rohlf state that he felt this process was
essentially an inverse condemnation, and the offer by the city to buy the property was
ridiculous. He stated that he wants the city to buy the property now, so they will not have to
continue to pay commercial taxes on property they cannot sell, because no one would buy it.
There being no further public continent, Chair Johnson closed the public hearing.
Chair Johnson stated that he understood the property owner's concerns, but that the road
connection was adopted as part of the FAST Study. He felt that it was up to the City
Council how to go about purchasing the property.
Planning Commission Minutes
November 25, 2014
Page 4
Commissioner Larson -Vito asked if this was the first time the city has proposed to adopt an
official map. Mr. Barnhart stated yes. He noted that mapping the roadway gives the city
flexibility. Commissioner Larson -Vito asked if the roadway is in the Comp Plan. Mr.
Barnhart stated that the road is shown on the map that is included in the Comp Plan.
Commissioner Larson -Vito stated that she was not comfortable mapping the road and was
in agreement with Mr. Rohlf s comments. Mr. Barnhart stated that the mapping is a tool
allowed by state statute and that the fact that the city has not used it before does not make it
wrong. He added that the city has no desire to map it and then just "sit on it ", and that the
city is currently negotiating purchase of the property. Mr. Rohlf stated that he does not have
a problem with the mapping and that the Commission should go ahead and recommend
approval, but he thanked them for their consideration.
Motion by Commissioner Konietzko and seconded by Commissioner Petschl to
recommend approval of the request by the City of Elk River for an Official Map, to
facilitate the improvement of a Yale Court /170" Street connection in the future.
Motion carried 7 -0.
4.5 Request by City of Elk River for Rezoning of Fast Study Area, Case No. ZC
14 -03 — Public Hearing
The staff report was presented by Jeremy Barnhart. Mr. Barnhart noted that this item was
published for a public hearing, but will not be ready for consideration until February or
March, based on the Council's review of the zoning district.
Chair Johnson opened the discussion to the public for comments. No comments were
received. Chair Johnson closed the public hearing.
S. General Business
Mr. Barnhart noted that a joint meeting of the City Council and Planning Commission is
scheduled for December 15, 2014, to discuss the gravel mining plan.
6.1 City Council Liaison Update
Councilmember Burandt provided an update on the November 17, 2014 City Council
meeting.
7. General Business - None
8. Adjournment
There being no further business, Commissioner Keller moved to adjourn the meeting.
The meeting of the Elk River Planning Commission adjourned at 7:35 p.m.
Planning Commission Minutes
November 25, 2014
Tina Allard
City Clerk
Eric Johnson, Chair, Planning Commission
Page 5