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3. PCSR 12-22-2015Members Present: Members Absent: Staff Present: Item 3.1 Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, November 24, 2015 Chair Eric Johnson, Commissioners Andrew Crook, Jeremy Johnson, Jill Larson -Vito, Mark Konietzko and Brad Thiel Commissioner Garrett Christianson Senior Planner Chris Leeseberg and Sr. Administrative Assistant Jennifer Johnson 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 November 24, 2015, Planning Commission Agenda Moved by Commissioner Jeremy Johnson and seconded by Commissioner Konietzko to approve the November 24, 2015, Planning Commission agenda. Motion carried 5-0. 4a. Consider October 27, 2015 Regular Planning Commission Meeting Minutes Motion by Commissioner Konietzko and seconded by Commissioner Thiel to approve the October 27, 2015, Regular Planning Commission meeting minutes. Motion carried 5-0. 4b. Consider October 27, 2015, Board of Adjustment Regular Meeting Minutes Motion by Commissioner Larson -Vito and seconded by Commissioner Crook to approve the October 27, 2015, Board of Adjustment Regular Meeting minutes. Motion carried 5-0. Planning Commission Minutes Page 2 November 24, 2015 5.1 Request by Big Tex Trailer World for a Conditional Use Permit to allow trailer sales and service at 17369 U.S. Highway 10, Case No. CU 15-21 — Public Hearing Mr. Leeseberg reviewed the staff report. He also discussed the handout regarding city ordinance requirements when a building is purchased, requiring connection to city water and sewer services. He stated the building will be leased and therefore this ordinance requirement is not necessary; however, the CUP conditions require the site be served adequately by water and sewer systems. Staff recommended approval of this request with the conditions listed in the staff report and indicated the condition to connect to city services can be modified after the commission discusses. Commissioner Thiel asked questions regarding the requirements of the parking surface of the back area of the property. Mr. Leeseberg stated the current surface area is an approved surface and staff is not recommending any changes. Chair Johnson opened the public hearing. Mark Fleisher, 85489 Harts Rd, Yulee, FL, represented the applicant and indicated the operations at their facility would require low water consumption, asking that they continue to use the current well and septic system on the property. He indicated they are leasing the property with the intention of purchasing it in the future and wants to be a good neighbor in Elk River for many years to come. He requested the condition of connecting to city utility services be waived at this time due to the additional financial burden. Commissioner Eric Johnson asked the applicant if the septic system was in compliance. Mr. Fleisher indicated the septic was recently pumped and there appeared to be no apparent indication of any problems. He again stated the use of the facility would require low water and sewage use. Commissioner Konietzko clarified if connecting to city utilities is a requirement when the property is leased and not purchased. Mr. Leeseberg stated it is a condition of the CUP and would be required if the building is purchased. There being no one else to speak, Chair Johnson closed the public hearing. Chair Johnson stated he was in favor of waiving condition #5 stating it would make more sense to have the condition in place when the property was purchased. Commissioners Jeremy Johnson and Konietzko agreed. Planning Commission Minutes Page 3 November 24, 2015 Commissioner Larson -Vito stated she reads that connecting to services would be a requirement if purchasing the building, but not leasing it. She stated she was hesitant to require conditions of something when the applicants are leasing and not owning the building. The commission discussed adding a contingency to condition #5 that the well and septic be found in compliance, and therefore wouldn't be required to connect to utility services until the property is purchased. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Crook to recommend approval of the request by Big Tex Trailer World for a Conditional Use Permit to allow trailer sales and service at 17369 U.S. Highway 10 with the following conditions: 1. The Conditional Use Permit shall not be recorded until all conditions have been substantially completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 4. 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. 5. In lieu of hooking up to city services, a certificate of compliance or notice of noncompliance, for the existing septic system, must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 6. The two subject parcels shall be combined. 7. A landscape plan shall be approved by city staff. 8. Landscaping improvements shall be installed by June 1, 2016. 9. All asphalt areas be seal coated. 10. All parking stalls for trailers and vehicles shall be marked as required by ordinance. 11. The building shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes. 12. Concerns identified by the Building Official and Fire Marshal shall be addressed. Motion carried 5-0. 5.2 Request by ERX Properties, LLC for Zone Change, Outlot A, Aggregate Commercial Second Addition from CRT Commercial Reserve Transition to XCR Extreme Commercial Recreation, Case No. ZC 15-1 1 — Public hearing The staff report was presented by Chris Leeseberg. Chair Johnson opened the public hearing and continued this item to December 22, 2015. Planning Commission lfinums Page 4 November 24, 2015 5.3 Request by Guardian Angels for Amendment to Sign Ordinance to Allow Additional Sign, 508 Freeport Ave. NW, Case No. OA 15-1 1 — Public Hearing The staff report was presented by Mr. Leeseberg. He indicated staff recommends approval of the request with the conditions listed in the staff report. Chair Johnson opened the public hearing. Guardian Angels President and CLO Dan Dixon, 28094 Yak Street, Zimmerman, stated the sign will greatly assist in providing a clear entrance to their facility. There being no one else to speak, Chair Johnson closed the public hearing. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Konietzko to recommend approval of the request by Guardian Angels for an ordinance amendment allowing a second area identification sign in the Mixed Use - Elk River Plaza District not to exceed 50 square feet with a maximum height of 12 feet. Motion carried 7-0. 5.4 Requests by Elk River Machine: a. Rezone property at 828 4"' Street NW from various zonings to PUD, Case No. ZC 15-10- Public Hearing b. Conditional Use Permit to establish PUD zoning district, Case No. CU 15-20 — Public Hearing Mr. Leeseberg reviewed the staff report. He indicated staff recommends approval of the request with the conditions listed in the staff report. Chair Johnson opened the public hearing. Chris Fairchild, 448 - 137`h Lane, Andover, MN 55304, represented the applicant and indicated the accessory building option allows for protection of raw materials from the elements, and by combing the properties into one PUD will allow for a larger accessory building to hold such materials. There being no one further to speak, Chair Johnson closed the public hearing. Motion by Commissioner Jeremy Johnson and seconded by Commissioner Thiel to recommend approval of the request by Elk River Machine to rezone the property at 8284 Ih Street NW from various zoning districts (Planned Unit Development I-1, and I-2) to Planned Unit Development (PUD) with the following conditions: 1. The five parcels included in the request shall be combined to create one parcel. Planning Commission Minutes Page 5 November 24, 2015 Motion carried 7-0. Motion by Commissioner Konietzko and seconded by Commissioner Jeremy Johnson to recommend approval of the Conditional Use Permit, creating the Planned Unit Development, with the following conditions: 1. All conditions of the Zone Change are satisfied. 2. Required building permits must be approved prior to construction beginning. 3. Re -stripe the parking lot to delineate all parking areas and stalls. 4. Submittal of an updated site plan identifying parking and circulation areas. 5. Submittal of an existing grading plan and a plan showing proposed changes. Motion carried 7-0. 5.5 Request by LeFebvre Companies for Interim Use Permit to Extend Temporary Office Use, Case No. CU I S-22 — Public Hearing The staff report was presented by Mr. Leeseberg. He indicated staff recommends approval of the request with the conditions listed in the staff report. Commissioner Crook asked about their request from 2012. Chair Johnson indicated he was on the commission at that time and from what he recalled, the applicant, due to the unstable economy, didn't want to invest the money on making it a permanent structure. The commission agreed that the temporary building was well -kept but felt the applicant needs to decide if they are committed to making this interim use building a permanent part of their facility. Chau Johnson opened the public hearing. There being no one there to speak, Chair Johnson closed public hearing. Commissioner Jeremy Johnson stated he felt three years was a reasonable amount of time for the applicant to investigate making the temporary structure a permanent part of their building. After some discussion, staff was asked to provide information in the council staff report if any building permits were pulled in the past, such as roof inspections, noting that temporary structures have a different set of guidelines. Motion by Commissioner Jill and seconded by Commissioner Konietzko to recommend approval of the Conditional Use Permit, creating the Planned Unit Development, with the following conditions: 1. The Interim Use Permit shall expire on December 31, 2018. Planning Commission Minutes November 24, 2015 Page G 2. No further Interim Use Permits for temporary structures shall be granted for the property. Motion carried 7-0. 6. General Business There was no general business. 7.1 City Council Liaison Update Councilmember Burandt provided an update on recent City Council action taken on items reviewed by the Planning Commission. They included two withdrawn applications; Big Tex - Briggs Properties CUP and Rivers of Life IUP. 8. Adjournment There being no further business, the meeting of the Elk River Planning Commission adjourned at 7:14 p.m. Minutes prepared by Jennifer Johnson. Tina Allard City Clerk Eric Johnson Chair, Planning Commission