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3.1 PCSR 08-25-2015 Item 3.1 ElMeeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday,July 28, 2015 Members Present: Chair Eric Johnson,Commissioners Andrew Crook,Jeremy Johnson,Jill Larson-Vito and Brad Thiel Members Absent: Commissioners Garrett Christianson and Mark Konietzko Staff Present: Planning Manager Zack Carlton and Sr.Administrative Assistant Debbie Huebner . 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 7/28/2015 Planning Commission Agenda Moved by Commissioner Johnson and seconded by Commissioner Thiel to approve the July 28,2015, Planning Commission agenda. Motion carried 5-0. 4.1 6/23/2015 Regular Planning Commission Meeting Minutes Motion by Commissioner Thiel and seconded by Commissioner Larson-Vito to approve the June 23,2015, Regular Planning Commission meeting minutes. Motion carried 5-0. 5.1 Request by Plant Place, Inc. for Conditional Use Permit, Case No. CU 15-12 Zack Carlton reviewed the staff report. Staff recommended approval of the Conditional Use Permit with the nine conditions listed in the staff report. Commissioner Crook asked if the trees mentioned by staff will be for sale. Mr. Carlton stated no, the trees will be planted to improve screening of the site. Commissioner Crook asked if agricultural uses are a permitted use in the R1a zoning district. Mr. Carlton stated yes,but that this home business does not meet all the criteria for a permitted home occupation, citing conditions 1,2,6,and 10. Commissioner Crook suggested a condition be added to insure the trees would not be removed or sold. Mr. Carlton stated that the applicant noted in his application that the trees would be planted for screening purposes. Planning Commission Minutes Page 2 July 28,2015 Chair Johnson opened the public hearing. John Hanson, 11412 Brook Road, stated he is the neighbor to the north of the applicant. He asked if they planned to add lighting. Mr. Carlton stated no plan for additional lighting has been proposed. Mr. Hanson asked if something will be done to mitigate the noise from the site after 5 p.m. Mr. Carlton stated that one of the conditions recommended by staff is the hours of operation are from 8 a.m.—5 p.m.weekdays and 9 a.m. to noon on Saturdays April through June. Lisa Vaneps, 11337 207th Avenue NW,property owner to the south,stated that there is no screening and she can see the entire site from her property. She stated that there are rusting items lying outside. She also has concern for water quality, since her well is near the driveway to the property. She wondered if there were any chemicals used for the greenhouse operations and questioned what is being stored in the outbuildings. She stated that there was a lot of traffic going back to the site Ms. Vaneps asked who,if anyone,is actually living there. She noted that the traffic causes a fair amount of dust. She stated she did not know what the solutions were,but she wanted to express her concerns. John Dobrava, 11257 207th Avenue NW,property owner to the north,'stated that the business is in operation on the weekends before 9 a.m. and there is often dust. He noted that when the corn is down,they will be able to see everything from their property. He questioned whether or not the roads are built to withstand the heavy trucks carrying materials. He stated that he also owns his own business,but that this is a residential area and it needs to stay residential. Clayton Nordquist, 11291 207th Avenue NW, stated he planted the corn on his property, but that it would not be there next year to provide a buffer and would be mowed grass. He stated he had a concern that the applicant's barbed wire fence may be on his property. Mr. Nordquist stated that the black plant tubs were blowing onto his property and he consistently had to pick them up and throw them back onto the Schroer's property. He stated that he is trying to beautify his property and expects the neighbors to do the same. Taylor Schroer,vice president of The Plant Place, stated that he is in agreement with the conditions proposed by staff. He stated he knows the property has been an eyesore. He explained that the business purchased the property originally for storage and that they have had some emergency deliveries to the site. Mr. Schroer explained that this was their first full spring season at the site and they are still on a"learning curve". He stated that they are trying to keep the number of greenhouse frames being stored outdoors to a minimum and they will be concentrating their efforts on cleaning up the site. He stated he did not want to place a burden on his neighbors and would like to get to know them. He noted that he will be getting married and they will be living in the home. A neighbor from the audience asked if anyone is living in the house now. Mr. Schroer stated yes,he has been living there for about two years. The neighbor stated there is a dog barking constantly coming from what appears to be his property. Mr. Schroer stated he was not aware of the problem and will take care of it. Planning Commission Minutes Page 3 July 28,2015 Commissioner Thiel stated he questioned allowing commercial storage in this area. He stated he had the same concerns as the residents and what might happen if the use was expanded. He stated he had a hard time seeing how the business fits in the neighborhood. Commissioner Crook asked the applicant to explain what is going on at the site now and how it would be different if the CUP is approved. Mr. Schroer stated that they have been operating after 5 p.m.,hauling back equipment from their sales sites. They also have been scrapping out the metal from old greenhouse structures and will continue to do so over the next 2-3 weeks,after which the amount of traffic and outdoor storage will be reduced. He noted that they plan to add a significant number of trees to provide screening. Commissioner Crook asked if there is a nursery on the property now. Mr. Schroer stated no,but at one time they did sell some spruce trees. He noted that they do not intend for it to be a retail site. Commissioner Larson-Vito asked if the MPCA noise level would also apply to night-time hours. Mr. Carlton stated that Condition#8 covers all hours of operation. Chair Johnson stated that the applicant could operate as a farm,except for the outdoor storage. He suggested limiting the outdoor storage to something less than one acre. Commissioner Larson-Vito asked the applicant if there was a less visible location on the property for the outdoor storage. Mr. Schroer explained the limitations of the site. Commissioner Larson-Vito asked if the applicant will always have outdoor storage. He stated that the goal is to build another building. He noted that they are transitioning to a new type of greenhouse that is smaller and will require less storage space. Chair Johnson asked if the applicant had a timeline of when that would happen. Mr. Schroer stated that there are currently 6 greenhouses they did not use this year and he will try to sell them but he will need to hold onto them until he can purchase the new greenhouses,hopefully within one year,but possibly as soon as next month. Chair Johnson stated he would like to see a better plan for the outdoor storage and for getting rid of materials not being used He asked the applicant if he would be able to provide this information if the Planning Commission continued his request to the August meeting. Mr. Schroer stated yes,he was willing to do whatever it takes. Commissioner Crook suggested that the applicant do what he can to get the site cleaned up. Commissioner Larson-Vito stated that she would like to see a timeline for completion and that the applicant should be conservative in his plan so it is not unrealistic. Chair Johnson stated that he felt 1 acre of outdoor storage was a considerable amount. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to table the request by The Plant Place for a Conditional Use Permit to the August 25,2015, Planning Commission meeting,in order for the applicant to provide more information. Motion carried 5-0. 5.2 Request by Solid Rock Church for Preliminary Plat Approval (Solid Rock Church Addition) to replat Lots I-8, Block 9, Brentwood, into 4 lots, Case No. P 15-06- Public Hearing Planning Commission Minutes Page 4 July 28,2015 The staff report was presented by Zack Carlton. Staff recommended approval of the request with the four conditions listed in the staff report. Commissioner Thiel asked if Lot 3 would be buildable. Mr. Carlton stated yes,and it would need to comply with the R1a zoning district setbacks. Chair Johnson opened the public hearing. Richard Fisher, 11946 196th Circle NW, asked how many lots are being created. Mr. Carlton stated 4. Mr. Fisher stated that the house on Lot 2 has not been taken care of. He expressed his concerns regarding mowing and the building exterior. He stated he felt the applicant was dividing up the property to make money. Mr. Carlton stated that staff would work with code enforcement to see if there were any compliance issues. Pastor Bill Mathews, applicant, stated that he was present to answer questions. Commissioner Johnson stated that he recalled the variance that was approved for future subdivision of the property,and the Planning Commission was in agreement the lot sizes fit in the neighborhood. Pastor Mathews stated the reason they combined Lots 1 -8 was because Sherburne County asked them to He stated that now their lender asked them to split the parcels to separate the buildings and uses. There being no further public comment,Chair Johnson closed the public hearing. Motion by Commissioner Johnson and seconded by Commissioner Crook to recommend approval of the request by Solid Rock Church for preliminary plat approval for Solid Rock Addition with the following conditions: 1. Surface water management fee be paid in the amount required by the city (currently$1,287/acre) prior to releasing the Final Plat for recording. 2. A development plan shall be approved by the city engineer prior to the issuance of building permits. 3. A wetland delineation report must be completed and accepted by the city. A 45-foot easement around all wetlands shall be added to the Preliminary Plat. Motion carried 5-0. 5.3 Request by City of Elk River Elk River for Ordinance Amendment to modify permitted uses in R I a Single Family Residential Zoning District Regulations, Case No. OA 15-08— Public Hearing The staff report was presented by Zack Carlton. Planning Commission Minutes Page 5 July 28,2015 Chair Johnson opened the public hearing. There being no one to speak for or against this item,Chair Johnson closed the public hearing. Motion by Commissioner Johnson and seconded by Commissioner Larson-Vito to recommend approval of the request by the City of Elk River for an ordinance amendment to modify permitted uses in the R1a District. Motion carried 5-0. 6. General Business - None 7.1 City Council Liaison Update—No update. 8. Adjournment There being no further business, Commissioner Johnson moved to adjourn the meeting. The meeting of the Elk River Planning Commission adjourned at 7:25 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk Eric Johnson,Chair,Planning Commission