3.1 PCSR 01-27-2015 DRAFT MINDRAFT
City of
ElkMeeting of the Elk River Planning Commission
River Held at the Elk River City Hall
Tuesday, January 27, 2015
Members Present: Chair Eric Johnson, Commissioners Jeremy Johnson, Jill Larson -Vito and
Thomas Petschl
Members Absent: Commissioners Konietzko, Keller and Crook
Staff Present: Park Planner /Planner Chris Leeseberg, Planner Zack Carlton; Sr.
Administrative Assistant Debbie Huebner
Also Present: Councilmember 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 6:30 p.m. by Chair Eric Johnson.
2. Pledge of Allegiance
The Pledge of Allegiance was recited at this time.
3. Consider 1/27/2015 Planning Commission Agenda
Moved by Commissioner Johnson and seconded by Commissioner Petschl to
approve the January 27, 2015, Planning Commission agenda. Motion carried 4 -0.
4.1 11/25/2014 Regular Planning Commission Meeting Minutes
Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito to
approve the November 25, 2014, Regular Planning Commission meeting minutes.
Motion carried 4 -0.
4.2 12/15/2014 Joint Meeting with City Council
Motion by Commissioner Larson -Vito and seconded by Commissioner Johnson to
approve the December 15, 2014 City Council minutes portion of joint meeting with
the Planning Commission. Motion carried 4 -0.
5.1 Request by Distinctive Iron for Conditional Use Permit for outdoor storage
at 19128 Industrial Blvd. — Public Hearing, Case No. CU 15 -01
Planning Commission Minutes Page 2
January 27, 2015
The staff report was presented by Chris Leeseberg. Staff recommended approval of the
request with the 14 conditions listed in the report.
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Chair Johnson asked if the applicant was aware of all the conditions. Mr. Leeseberg stated
yes, noting that they have stated they have no concerns.
Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito to
recommend approval of the request by Distinctive Iron for a Conditional Use Permit,
with the following conditions:
1. The Conditional Use Permit is not a building permit and the applicant must apply
for and receive approval of required building and sign permits before construction
may begin.
2. The building shall 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.
4. All comments of the City Park Planner/ Planners comment letter dated January 22,
2015 shall be addressed.
5. The outdoor storage area shall be completely enclosed with a six foot tall privacy
fence.
6. There shall be no storage of any materials and /or products on the property outside
of the outdoor storage area.
7. Materials shall not be stacked higher than six (6) feet in the outdoor storage area.
8. If the outdoor storage area is to be increased more than 20,000 square feet, an
amendment to the Conditional Use Permit shall be required.
9. All sources of artificial lights shall be so fixed, directed, designed or sized that the
minimum subtotal of their illumination will not increase the level of illumination
on any nearby residential property by more than 0.1 footcandle in or within 25 feet
of a dwelling or by more than 0.5 footcandle on any part of the property.
10. A parking layout shall be provided to include in the City Council staff report.
11. An updated landscape plan shall be provided to include in the City Council staff
report.
12. Submittal shows calculations for rate control of stormwater discharge from new
impervious surface. Calculations also need to show volume control (no increase in
post construction volume)
13. Applicant needs to show calculations demonstrating that 1.1' of rainfall over the
new impervious area is infiltrated in the new basin. (to achieve pollutant load
reduction)
14. Applicant needs to submit a long term maintenance plan for the new infiltration
basin. (instructions on how and when the infiltration basin will be maintained)
Motion carried 4 -0.
Planning Commission Minutes
January 27, 2015
Page 3
5.2 Request by Phoenix Enterprises for Conditional Use Permit to allow digital
changeable copy sign above the permitted 30 square feet — Public Hearing,
Case No. CU 15 -02
Zack Carlton presented the staff report.
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Motion by Commissioner Petschl and seconded by Commissioner Johnson to
recommend approval of the request by Phoenix Enterprises
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. Submit technical specifications showing the sign complies with all
requirements in Section 30 -864 (e).
Motion carried 4 -0.
5.3a Request by Roger Derrick/Washington Street Investors, LLC for Zone
Change R3 to PUD, West Oaks PUD— Public Hearing, Case No. ZC 15 -01
5.3b Request by Roger Derick[Washington Street Investors, LLC for Conditional
Use Permit for PUD (West Oaks PUD) — Public Hearing, Case No. CU 15 -03
5.3c Request by Roger Derrick for Preliminary and Final Plat Approval — Public
Hearing, Case No. P 15 -02
The staff report was presented by Zack Carlton.
Chair Johnson opened the public hearing.
Thomas Mattson, 18477 Yankton St NW, had a concern that a structure will be closer to his
property, with the proposed changes. Mr. Carlton stated that the setback will be reduced
from 25 feet to 22 feet between Mr. Mattson's building and the proposed new building.
Kelly Barry, 14415 183`d Avenue, owner of property to the west of West Oaks, asked for
clarification of what is being requested. Mr. Carlton explained the three requests. He noted
that the density is actually being reduced. Mr. Barry stated that one of the building pads has
already been poured. Mr. Carlton stated that building was approved with the previous plat.
Mr. Barry asked if the holding pond north of 183`d would remain. Mr. Carlton stated no.
Mr. Barry stated he had a concern that the density was increased significantly from what it
was when he moved to his property.
Mary Germundson, 18473 Yankton ST NW, Lot 41, Block 1, asked if there would two
houses or three houses north of her. Mr. Carlton explained that there is a duplex under
construction which is already permitted and a new single family home will be next to Ms.
Planning Commission Minutes Page 4
January 27, 2015
Germundson's building. Ms. Germundson stated she was opposed the change in the
setback and felt the single family home will be too close.
Chair Johnson stated that since there is not the demand for townhomes now and the overall
result is less density, he is in favor of supporting the request.
Commissioner Larson -Vito asked if additional foliage is being proposed between the
property lines of Lot 42, Block 1 West Oaks Second Addition and the existing Lot 43, Block
1 (proposed as Lot 1, Block 1, West Oaks PUD). Mr. Carlton state that none is proposed,
but the Planning Commission could require additional screening. Commissioner Larson -
Vito stated that she would like to add a condition for additional screening between the lots.
Mr. Leeseberg stated that additional language can be added to require screening with
multiple types of vegetation including evergreens, and deciduous shrubs and overstory trees,
in the three areas described in the "Landscaping" section of the staff report, and in addition,
the area between existing Lots 42 and 43, Block 1, West Oaks Second Addition.
There being no further public comment, Chair Johnson closed the public hearing.
Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito to
recommend approval of the request by Roger Derrick /Washington Street Investors,
LLC for a Zone Change from R3 to PUD for West Oaks PUD. Motion carried 4 -0.
Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito to
recommend approval of the request by Roger Derrick /Washington Street Investors,
LLC for Preliminary Plat Approval for West Oaks PUD with the following
conditions:
1. All necessary permits must be acquired before any work in the right -of -way
begins.
2. Submittal of an updated Preliminary Plat with corrected lot and block numbers.
3. Approval of an updated wetland delineation report. A Final Plat for parcels west
of Yankton Street will not be released until staff approves the report.
4. Prepare a homeowners association agreement per Section 30 -944 for review and
approval by the City Attorney.
Motion carried 4 -0.
Motion by Commissioner Petschl and seconded by Commissioner Johnson to
recommend approval of the request by Roger Derrick /Washington Street Investors,
LLC for a Conditional Use Permit, establishing the West Oaks PUD, with the
following conditions:
1. Submittal of an updated landscape plan addressing staff comments outlined in
this memo.
2. Submittal of a list identifying the materials used for the exterior of the proposed
buildings.
3. A PUD agreement shall be developed and signed by both the parties prior to
issuance of a building permit.
Planning Commission Minutes Page 5
January 27, 2015
Motion carried 4 -0.
5.4 Request by City of Elk River for Ordinance Amendment to Section 30 -1934;
30 -2028 and 30 -2138 regarding on -site sewage treatment and water supply
systems, Case No. OA 15 -01 — Public Hearing
The staff report was presented by Kristin Mroz. Ms. Mroz explained that the amendment
will reference Sherburne County's ordinance, which includes the county's and state's
regulations. Staff recommends approval of the ordinance amendment as proposed.
Commissioner Petschl asked if the city's ordinance would be the same as Sherburne
County's ordinance. Ms. Mroz stated that the city is keeping some of our existing language,
but the new language would be updated with the Sherburne County's and the State of
Minnesota's language.
Chair Johnson opened the public hearing. No comments were received. Chair Johnson
closed the public hearing.
Motion by Commissioner Johnson and seconded by Commissioner Petschl to
recommend approval of the ordinance amendment to update the Subsurface Sewage
Treatment System as required by the MPCA to the following Sections of the city's
Land Use Regulations:
• Section 30 -1934 — On -site sewage treatment and water supply systems (Floodplain)
• Section 30 -2028 — Water supply and sewage treatment (Shoreland)
• Section 30 -2138 — Water supply and sewage treatment (Wild and Scenic River)
Motion carried 4 -0.
6. General Business - None
7.1 City Council Liaison Update
Councilmember Burandt noted that the Brew Pub ordinance amendment passed and that
the Council will be looking and the agricultural animals /fencing issue at a future meeting.
8. Adjournment
There being no further business, Commissioner Johnson moved to adjourn the
meeting.
The meeting of the Elk River Planning Commission adjourned at 7:10 p.m.
Planning Commission Minutes
January 27, 2015
Tina Allard
City Clerk
Eric Johnson, Chair, Planning Commission
Page 6