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3.1 PCSR 09-22-2015 DRAFT MINUTES AFT 3.1 { Cay of El „� Meeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, August 25, 2015 Members Present: Chair Eric Johnson, Commissioners Jeremy Johnson,Jill Larson-Vito,Mark Konietzko and Brad Thiel Members Absent: Commissioners Garrett Christianson and Andrew Crook Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg,and Sr. Administrative Assistant Debbie Huebner 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 6:40 p.m. by Chair Eric Johnson. 2. Consider August 25, 2015 Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Johnson to approve the August 25, 2015, Planning Commission agenda. Motion carried 5-0. 3. Consider July 28, 2015 Regular Planning Commission Meeting Minutes Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to approve the July 28, 2015, Regular Planning Commission meeting minutes. Motion carried 5-0. 4.1 Request by Plant Place, Inc. for Conditional Use Permit, Case No. CU 15-12 — Public Hearing, continued from July 28, 2015 Zack Carlton reviewed the staff report. He reviewed recent photos,noting a significant reduction in the amount of outdoor storage. Staff recommended approval of the Conditional Use Permit with the eleven conditions listed in the staff report. Chair Johnson stated that the public hearing was still open. Jim Schroer,applicant, stated that he is the property owner. He explained that since purchasing the property, they have been focusing on the residence. He stated that they now have made significant progress in cleaning up the site and have screened much of the outdoor storage. He noted that they will be planting trees for screening,as well. Mr. Schroer stated that it was not accurate that there was heavy equipment constantly operating on the site. He explained that the only heavy equipment on site is one bobcat which has 340 hours on it,and those hours are mainly from plowing snow off site. He stated that the Planning Commission Minutes Page 2 August 25,2015 bobcat is often not used for 2—3 weeks at a time. He stated that most of the dust the neighbors complained about is coming from the cornfield on the adjacent property. John Dobrava, 11257 207`h Avenue NW,property owner to the north, stated that his only concern at this time is the bobcat. He stated he would like the hours of use to start after noon on Saturday,because people in his household often sleep till 11 a.m. He also asked that they not be allowed to operate the bobcat on holidays. Mr. Schroer stated that the bobcat is normally only operated a half a dozen times May through June. There being no further public comment,Chair Johnson closed the public hearing. Chair Johnson stated that he felt the applicant has made a significant number of improvements to the site since last month. He stated he did not have an issue with the 9 a.m. —noon hours on Saturday,since their business is primarily only May and June. Motion by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the request by Plant Place Inc. for a Conditional Use Permit, with the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required permits. 2. The proposed storage area shall be reduced in size so as not exceed one-half acre in total storage area. 3. Any proposed expansion of the impervious surface area will need to be reviewed for compliance with the city's stormwater requirements. 4. Business operations shall not occur outside of the following hours of operation: 8 a.m. to 5 p.m. Monday through Friday 5. Business operations may also occur 9 a.m. to noon Saturdays April through June. 6. Retail sales will not be permitted. 7. Wholesale to the general public will not be permitted. 8. Noise levels shall not exceed the MPCA noise pollution guidelines for residential uses at the property line. 9. Freestanding signage shall be limited to six feet in area and six feet in height. 10. The Conditional Use Permit shall not be recorded until all applicable conditions have been substantially completed. 11. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. Motion carried 5-0. 5.2 Request by City of Elk River for Ordinance Amendment Relating to Accessory Dwelling Units, Case No. OA 15-09 — Public Hearing The staff report was presented by Chris Leeseberg. Planning Commission Minutes Page 3 August 25,2015 Commissioner Larson-Vito questioned why separate cooking would need to be required. Mr. Leeseberg stated that could be looked at. Commissioner Larson-Vito asked why a rental license is required for attached accessory dwelling units. She stated that it appears from the proposed language,that a rental license would be required. Mr. Leeseberg stated this item can be further clarified before City Council reviews the item. She stated there should be a way to clarify the ordinance to distinguish if the"tenant"was a family member that was being cared for,or a child home from college. Commissioner Konietzko stated he also would like further clarification on the separate cooking and bathroom facilities. He stated that separate cooking facilities may be not be necessary. Chair Johnson opened the public hearing. There being no public comment,Chair Johnson closed the public hearing. Chair Johnson stated that he was comfortable with the proposed language as presented. Motion by Commissioner Johnson and seconded by Commissioner Konietzko to recommend approval of the request by the City of Elk River for an ordinance amendment to allow accessory dwelling units,with further clarification of the requirement for a rental license and requirement for cooking facilities. Motion carried 5-0. 4.3 Request by City of Elk River Elk River for Ordinance Amendment relating to fencing requirements and pool fences, Case No. OA 15-10 — Public Hearing The staff report was presented by Chris Leeseberg. Staff recommended approval of the amendment as proposed. 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 Konietzko and seconded by Commissioner Johnson to recommend approval of the request by the City of Elk River for an ordinance amendment related to fencing requirements and pool fences. Motion carried 5-0. 5. General Business - None 6. City Council Liaison Update Councilmember Burandt stated that the ordinance amendment for principal uses in the R1a zoning district and the plat of Solid Rock Addition were passed by the City Council at their July 20,2015 meeting. 8. Adjournment Planning Commission Minutes Page 4 August 25,2015 There being no further business, Commissioner Johnson moved to adjourn the meeting. The meeting of the Elk River Planning Commission adjourned at 7:18 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk Eric Johnson, Chair,Planning Commission