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4.1 PCSR 04-26-2016 DRAFT MIN Item 4.1 Crty of } ElM Meeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, March 22, 2016 Members Present: Chair Eric Johnson,Commissioners Andrew Crook,Mark Konietzko,Jill Larson-Vito,Mike Nicholas,and Brad Thiel Members Absent: None Staff Present: Planning Manager Zack Carlton,Senior Planner Chris Leeseberg, Environmental Technician Kristin Mroz,and Executive Secretary/Deputy City Clerk Jessica Miller 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 Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider March 22, 2016, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to approve the March 22,2016, Planning Commission agenda. Motion carried 6-0. 4.1 Consider February 23, 2016, Planning Commission Minutes Moved by Commissioner Konietzko and seconded by Commissioner Larson-Vito to approve the February 23,2016, Planning Commission meeting minutes. Motion carried 6-0. 5. Election of Officers Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to appoint Eric Johnson as Planning Commission Chair for 2016. Motion carried 6-0. Moved by Commissioner Larson-Vito and seconded by Commissioner Crook to appoint Mark Konietzko as Planning Commission Vice Chair for 2016. Motion carried 6-0. Planning Commission Minutes Page 2 March 22,2016 6.1 Kristin Pearo- 14239 190th Avenue NW • Conditional Use Permit for private kennel - Case No. CU 16-08 Chris Leeseberg presented the staff report. Staff recommended approval of the request with the 13 conditions listed in the report. Chair Johnson opened the public hearing. There being no one to speak to this issue,Chair Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the request by Kristin Pearo for a Conditional Use Permit for a private kennel with the following conditions: 1. The Conditional Use Permit shall not be recorded until all applicable 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. The building shall meet all building and fire codes. 6. The private kennel shall be limited to five (5) animals over the age of 6 months. Additional animals will require an amendment to the Conditional Use Permit. 7. Animal waste, on or off site, shall be disposed of per City Ordinance Section 10-9. 8. The applicant shall receive a private kennel license from the city. 9. All animals must be licensed and vaccinated. 10. No dogs shall be allowed to run at large as outlined in Section 10-2. 11. No more than two (2) animals per supervisor shall be allowed outside of the fenced in area. 12. All dog waste shall be cleaned up immediately when dogs are off of the subject property. 13. No dogs designated as dangerous or potentially dangerous are allowed to be kept at the kennel and keeping of a dangerous or potentially dangerous dog shall be grounds for revocation. Motion carried 6-0. 6.2 Rick Haugland - 21475 Highway 169 NW A. Rezone property from CRT Commercial Reserve Transition to C3 Highway Commercial, Case No. ZC 16-01 B. Conditional Use Permit for auto body repair facility, Case No. CU 16-09 Mr. Leeseberg presented the staff reports for both requests. Staff recommended approval of both requests with the conditions listed in the reports. Planning Commission Minutes Page 3 March 22,2016 Chair Johnson opened the public hearings.There being no one to speak to either issue, Chair Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Larson-Vito to recommend approval of the request by Rick Haugland for rezoning of property from CRT Commercial Reserve Transition to C3 Highway Commercial with the following conditions: 1. Conditional Use Permit CU 16-09 shall be approved, all conditions met, and recorded. Motion carried 6-0. Moved by Commissioner Konietzko and seconded by Commissioner Crook to recommend approval of the request by Rick Haugland for a Conditional Use Permit with the following conditions: 1. The Conditional Use Permit shall not be recorded until all applicable 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. The building shall meet all building and fire codes. 6. The building shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes. 7. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and 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. 8. The outdoor storage area shall be completely enclosed with a six foot tall privacy fence. Chain link fencing with vinyl slats are not permitted. 9. All operations must occur within the 2,407 square foot building. There shall be no repair or maintenance of vehicles outside of the building. 10. All comments in the Environmental Memo dated 3-11-16 should be considered. 11. All comments in the Engineering Division memo dated March 15, 2016 shall be addressed. 12. All comments in the Minnesota Department of Transportation District 3 memo dated March 15,2016 shall be addressed. 13. Car,truck, RV, and marine sales shall not be allowed. Motion carried 6-0. Planning Commission Minutes Page 4 March 22,2016 6.3 ER Crossing Properties, LLC — 18200 Zane Street • Ordnance Amendment to allow additional reorder menu board signs in drive-thru lanes, Case No. OA 16-01 Mr. Leeseberg presented the staff report. Staff recommended approval of the ordinance amendment allowing two menu boards in drive-thru lanes. Mr. Leeseberg noted the applicant is requesting language allowing menu boards up to a maximum of 32 square feet. However staff recommended the proposed square footage of 32 be reduced to 20 square feet to be consistent with the existing menu boards in the Planned Unit Developments.The commission concurred. Chair Johnson opened the public hearing.There being no one to speak to this issue,Chair Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Nicholas to recommend approval of the request by ER Crossing Properties, LLC for an ordinance amendment allowing two menu boards in drive-thru lanes. Motion carried 6-0. 6.4 City of Elk River request for Solar Energy Systems ordinance amendment, Case No. OA 16-03 Ms. Mroz presented the staff report. Staff recommended approval of the ordinance amendment related to solar energy systems. Commissioner Crook questioned if existing solar energy systems will be grandfathered. Ms. Mroz indicated existing will be a legal,non-conforming use until the systems are repaired, altered,or replaced at which time they would be required to meet these requirements. Chair Johnson opened the public hearing. Brian Allen,Vice President of All Energy Solar, 1642 Carroll Ave,St. Paul,Minnesota- thanked staff for putting together the ordinance and for seeking advice from his company. Mr.Allen expressed the importance of using existing codes for fire safety and asked if there is a way to require all solar permits to be reviewed by the Fire Department to ensure proper setbacks are maintained. Ms. Mroz explained the original draft ordinance stated fire service review may be required but staff amended the ordinance to state fire service review is required for all applications. There being no one else to speak to this issue, Chair Johnson closed the public hearing. Moved by Commissioner Nicholas and seconded by Commissioner Konietzko to recommend approval of the request by the City of Elk River for an ordinance amendment related to Solar Energy Systems. Motion carried 6-0. Planning Commission Minutes Page 5 March 22,2016 6.5 Paxmar— Miske Meadows • Conditional Use Permit to establish Planned Unit Development, Case No. CU 16-06 • Preliminary Plat for Miske Meadows (formerly River Park), Case No. P 16-02 Mr. Carlton presented the staff report. He asked the Planning Commission to open the public hearing,receive comments,and continue the public hearing to April 26,2016. Chair Johnson expressed concerns with traffic congestion and safety in the area and suggested staff review the traffic study. He added he is favor of converting the townhomes to single-family residential but prefers the other single-family to remain intact. Mr. Carlton asked for commissioners thoughts on the connection. Chair Johnson stated he likes the pedestrian trail with breakaway barricades for emergency access if needed. Chair Johnson opened the public hearing. Don Jensen,Land Development Director for Paxmar—presented a PowerPoint reviewing amendments made to the proposed development. Greg Lien, 19147 Lincoln St NW—indicated he believes it's important to have a pedestrian path with breakaway barriers at the end of Lincoln and Kennedy. He expressed concerns with the danger of increased traffic because of the proposed development. He questioned if the speed limit on Twin Lakes Road could be reduced. Bert Bongard, 19040 Lincoln NW—stated he is not in favor of any connection between Miske Meadows and the Sunset Ridge Development. He had concerns about the proposed development causing drainage issues on his property. Mr. Bongard also noted concerns with noise,traffic,and proposed lot sizes. He questioned the findings of the traffic study as they relate to this development. Chair Johnson explained the traffic study was completed in 2004 and it is the Planning Commission's recommendation for the study to be reviewed to see if it is still relevant. Howard Johnson, 19184 Lincoln St NW—indicated his main concern is keeping the current residents in the area safe. He expressed concerns with the safety of Twin Lakes Road. He asked the city to be proactive and protect the residents by representing them at the county and state levels to get the road fixed. Mr.Johnson also expressed concerns with allowing a connection through the Sunset Ridge Development. Mike Crepeau, 19160 Lincoln St NW—stated he is in favor of a breakaway barrier being installed between the developments as recommended when these same issues were discussed during review of the original plan by the then Fire Chief Bruce West. Victor Hanks, 19228 Lincoln St NW—stated connecting Lincoln would be a disaster for safety and noise but a breakaway barrier for emergencies would be acceptable. Planning Commission Minutes Page 6 March 22,2016 Brent Roberts, 19203 Lincoln St NW—agreed with most of the comments already presented. He stated his main concern is safety. He outlined the importance of a speed limit reduction for Twin Lakes Road. He added the line of site is bad coming off of Kennedy and worse coming off of Lincoln. He agreed with the previous comments about a breakaway barrier being installed rather than a full connection. Cheryl Nelson, 19020 Lincoln St NW—agreed a breakaway barrier should be installed. Phil Schreifels,9966 191st Ave NW—expressed concerns with additional housing adding to traffic issues in the area and to the overcrowding at Twin Lakes Elementary. He indicated small lots will change the quality of life in the area and he suggested building smaller houses on larger lots to accommodate young or retired families. He noted the pond on Outlot B flooded in June 2014 causing water back up in his yard so he recommended testing the pond before putting houses in that area. Randy Barney, 19008 Lincoln St NW—indicated he doesn't believe the infrastructure in place can handle additional traffic from that many homes. He suggested finding alternative routes to get traffic from the Twin Lakes Road area to the main roads and invited commissioners and staff to visit the area during busy traffic times to observe traffic in the area. David Green, 19110 Kennedy St NW—liked the idea of a breakaway barrier on a trail adding the trail would allow residents to ride bike or walk through the neighborhood without going out on to Twin Lakes Road. He stated connecting the developments with a road would cause major traffic and safety issues. He recommended creating a controlled intersection at Cleveland and Twin Lakes Road and reducing the speed limit on Twin Lakes Road to 45 mph. There being no one else to speak to this issue,Chair Johnson continued the public hearing to April 26,2016. Mr. Carlton indicated the drainage plans for the development are being thoroughly reviewed by the stormwater and engineering divisions and concerns will be addressed. He stated future development on the Holzem property would require a new traffic study to be completed. He added he will check with the city engineer to see what time of day the previous traffic study was completed. Mr. Lien requested neighbors further out than 350 feet receive future notice of hearings. Mr. Carlton indicated policy is 350 feet and he can ask the City Council if they'd like to amend the notification requirements. Mr. Carlton asked residents to contact him if they would like any documents discussed this evening. Moved by Commissioner Konietzko and seconded by Commissioner Larson-Vito to continue the public hearing for the Miske Meadows preliminary plat to April 26, 2016. Motion carried 6-0. Planning Commission Minutes Page 7 March 22,2016 7. General Business There was no general business. 8.1 City Council Liaison Update Councilmember Burandt provided an update on planning items addressed at the March 21, 2016,City Council meeting. 9. Adjournment There being no further business, the meeting of the Elk River Planning Commission adjourned at 8:36 p.m. Minutes prepared by Jessica Miller. Tina Allard City Clerk Eric Johnson Chair Planning Commission