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3.1 BASR 06-28-2016 DRAFT MIN Item 3.1 Oty of Meeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, May 24, 2016 Members Present: Chair Eric Johnson,Commissioners Andrew Crook,Alexander Feinstein,Jill Larson-Vito,Mark Konietzko and Brad Thiel Members Absent: Commissioner Andrew Crook Staff Present: Planning Manager Zack Carlton,Senior Planner Chris Leeseberg,Planner BrieAnna Simon and Sr.Administrative Assistant Debbie Huebner Also Present: Councilmember Burandt,Council Liaison 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. Consider May 24, 2016, Planning Commission Agenda Moved by Commissioner Konietzko and seconded by Commissioner Thiel to approve the May 24,2016, Planning Commission agenda. Motion carried 6-0. 3.1 Consider April 26, 2016, Planning Commission Minutes Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to approve the April 26,2016 Planning Commission minutes. Motion carried 6-0. 4.1 ERX Motor Park/Chris Carlson — 21591 U.S. Highway 169 NW • Conditional Use Permit for off-road racing facility, Case No. CU I6-15 The staff report was presented by Chris Leeseberg. He distributed an email from the applicant,stating their opposition to Condition#11,requiring B612 concrete curb and gutter. Staff recommended approval of the request with the conditions listed in the staff report dated May 24,2016. Commissioner Larson-Vito stated she was in favor of removing Condition#9, so that spectators consuming alcohol would have the option of leaving their car overnight if they needed a ride home. Chair Johnson concurred. Chair Johnson asked where curbing would be required. Mr. Leeseberg stated curbing is required around the perimeter of the parking area. Discussion was given to requiring curb and gutter on this site. Planning Commission Minutes Page 2 May 24,2016 Chair Johnson opened the public hearing. Mike Sultany, Elk River business owner—stated that water would pool in one area or another in the parking area,if curbing were required. He stated that curbing was not necessary on this property. There being no further public comment,Chair Johnson closed the public hearing. Commissioner Larson-Vito stated she agreed that curbing is unnecessary. She stated that the fairgrounds has similar parking and seems to function well. She stated that the curb and gutter would be damaged by larger vehicles and trailers. Chair Johnson stated that if the parking area was paved or if located in the Urban Service District,he could understand the requirement for curb and gutter. Discussion followed regarding overnight parking. Chair Johnson stated that he felt it should be up to the property owner whether or not to allow it. There being no further public comment,Chair Johnson closed the public hearing. Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to recommend approval of the request by ERX Motor Park/Chris Carlson for a Conditional Use Permit for an off-road racing facility, Case No. CU 16-15,with the following conditions: 1. The authorized Conditional Use Permit shall not be recorded until all applicable conditions have been completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. The applicant must apply for and receive approval for all required permits before construction may begin. 4. All facilities shall be inspected by the Building Official and Fire Marshal to verify compliance with all state and local building codes. 5. Hours of operation shall be limited to Monday through Saturday 7:00 a.m.—10 p.m. and Sunday 8:00 a.m.—8 p.m. 6. An amendment to this CUP will be required for future expansions/additions not shown on the plan dated May 17,2016. 7. Approval of a spectator safety plan,to be approved by the Elk River fire department. 8. Approval of an on-site traffic/ distribution plan that demonstrates: a. Logical on-site distribution of participants, spectators, and public safety. b. Adequate on-site stacking for admission and egress. c. Adequate off-site stacking for access and egress without impacting U.S. Highway 169. 9. No overnight parking in spectator lot. 10. 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 Planning Commission Minutes Page 3 May 24,2016 or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. Motion carried 6-0. 4.2 Gym 365.com LLC— 518 Freeport Avenue NW • Conditional Use Permit for Commercial Recreational Facility, Case No. CU 16-17 The staff report was presented by BrieAnna Simon. Staff recommended approval of the request with the conditions listed in the staff report dated May 24,2016. Chair Johnson asked why the applicant was requesting a CUP now, since they moved from their original location some time ago. Ms. Simon stated that they were unaware they needed a CUP for the site, since they already had one. Chair Johnson opened the public hearing. Troy Hanson, Chief Financial Officer for Guardian Angels of Elk River—stated he also represents Gym 365. He stated that they want to have the proper permitting for their business. There being no further public comment,Chair Johnson closed the public hearing. Chair Johnson stated that since the CUP for the business was approved before,and they have met conditions for that location,he sees no reason not to approve the request. Motion by Commissioner Nicholas and seconded by Commissioner Thiel to recommend approval of the request by Gym 365 for a Conditional Use Permit for a commercial recreational facility,with the following conditions: 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. 2. As indicated on the site plan,parking stalls shall be striped to the dimensional requirements set forth in Section 30-892. 3. The city's Building Official and Fire Marshal shall inspect the building to verify compliance with all state and local building codes. Motion carried 6-0. 4.3 Lindeman/KL Tunes— 1 6820 U.S. Highway I 0 NW • Conditional Use Permit for light auto repair, Case No. CU 16-14 The staff report was presented by Zack Carlton. Staff recommended approval of the request with the 8 conditions listed in the staff report dated May 24,2016. Chair Johnson opened the public hearing. Planning Commission Minutes Page 4 May 24,2016 Chair Johnson asked if the applicant has expressed any concerns with the conditions recommended by staff. Mr. Carlton stated that the applicant stated that they do not need any licenses or permits from MPCA. He asked that the applicant provide documentation stating that no licenses/permits are required. Steve Kedrowski, 16811 Yale Street NW—expressed his concern with vehicles pulling into the business,causing their headlights to shine directly into his windows. He stated that when his wife is on the computer,she is blinded by the headlights. He stated he did not have a problem with the business itself,but asked that the business hours be reasonable. Connor Mickelson, 16831 Yale Street NW—stated he lives directly behind HiTech Motorsports,north of Mr. Kedrowski. He stated he has concerns and has had to call the police on two separate occasions,regarding numerous noise issues at this location. He asked what is meant by 24-hour emergency service. Mr. Carlton stated that vehicles can be dropped off and moved into the building after hours,but working on the vehicles is not allowed. He asked that the hours follow HiTech's established hours and no outside work be allowed or doors open while working on vehicles. Discussion followed regarding the Saturday hours of operation. The consensus of the Commission was to designate the hours of operation the same as those for HiTech (closing at 4 p.m. on Saturdays). There being no further public comment,Chair Johnson closed the public hearing. Motion by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the request by Kyle Lindeman of KL Tunes for light auto repair,with the following conditions: 1. The Conditional Use Permit shall not be recorded until conditions two and three have been satisfied, and the use will not be considered a legal operation until the CUP has been recorded. 2. The city's Building Official and Fire Marshal shall inspect the leased space for compliance with all state and local building codes. 3. Submit documentation for the issuance of all required MPCA hazardous waste licenses, or written documentation that the licenses are not needed. 4. Hours of operation shall be limited to 10 a.m. to 6 p.m. Monday through Friday,9 a.m.to 4 p.m. Saturdays, and closed on Sundays. 5. The 24 hour emergency service operation shall be limited to the drop-off and parking of vehicles only. 6. No vehicles receiving service or tuning shall be parked outside overnight. 7. The garage door on the south side of the leased space shall be closed at all times, except for the moving of vehicles into or out of the building. 8. All vehicle repairs must occur within the building Motion carried 6-0. Planning Commission Minutes Page 5 May 24,2016 4.4 Paxmar(RP3, LLC)- River Park Third Addition (Outlot A- River Park Second Addition) • Preliminary Plat approval, Case No. P 16-05 The staff report was presented by Zack Carlton. Staff recommended approval with the conditions listed in the staff report dated May 24,2016. Chair Johnson opened the public hearing. David Jeffrey,10159 192nd Lane NW—stated that his is the last house before the dead end on 192nd Lane. He expressed concerns regarding aggressive driving around the school area. He stated his children are not allowed to play in the front yard without a parent. He asked if there were any plans to reduce the speed limit or something to control traffic. Mr. Carlton stated that there are no plans to reduce the speed;it will continue to be 30 miles per hour, nor are there any plans for traffic calming devices. He stated that the sidewalk will be extended to provide a safe route for walking. Mr.Jeffrey stated he has had incidents with cars ending up in his yard by taking the corner too fast. He has concerns for children walking,since the elementary students are released the same time as the older,driving students. He also had a concern for cars parking along the street during events,limiting visibility to see around the corner. He stated they have talked to the school and the school will have all the cars move,but then when the next event comes,cars are all parked there again. Don Jensen, Paxmar—Stated he was present to answer questions. He stated that they were happy to add any design elements such as speed bumps,to help deal with the traffic issues. Ludmila Luschayeva, 19142 Ivanhoe Drive NW—She stated she is a neighbor to the proposed plat,and would like the developer to build two-story homes. She expressed her concern that the construction work not start at 7 a.m. on Saturdays,and at least not start until 9 a.m. Chair Johnson asked what the construction hours are. Mr. Carlton stated he did not know what the Saturday hours were,but they would be outlined in the developer's agreement and are standard from the city ordinance. He stated he would check on them. Don Jensen,Paxmar, stated that they usually see a 7 a.m. start time on Saturdays. He explained that there are differences between the land development and the actual home construction,where there are activities both inside and outside the home. He stated that, for example, there is a difference in roofing versus sheetrocking the inside of a home. He asked that they be mindful of those differences when setting construction hours. There being no further public comment,Chair Johnson closed the public hearing. Chair Johnson asked if the city has looked at limiting parking near schools during events. Mr. Carlton stated they have not looked at this neighborhood,but the city has looked at parking in other neighborhoods and made some changes. Mr. Carlton stated that staff Planning Commission Minutes Page 6 May 24,2016 could look at parking near schools,outside of this plat, to possibly sign for certain hours,or limiting to parking on one side of the street. The Commissioners concurred. Councilmember Burandt asked if options such as speed bumps could be considered for this plat,since the streets are not built yet. Mr. Carlton stated he would be open to discussing the issue with other city staff. Chair Johnson stated that speed bumps could be somewhat of a nightmare for plowing snow. Mr. Carlton indicated it would add to the difficulty in plowing. He stated that he would forward their concerns on to the City Council. Chair Johnson asked about signing for slower speeds in school zones. Mr. Carlton stated that is an option which would require lower speeds during certain hours and on specific days,but it sounds like speed is an overall issue in this neighborhood. Chair Johnson stated that 30 mph around a tight corner seems excessive. Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas to recommend approval of the request Paxmar/RP3, LLC for the preliminary plat of River Park Third Addition,with the following conditions: 1. Street lights shall be installed as required by Elk River Municipal Utilities. 2. All mailboxes shall be clustered. 3. Staff approval of updated plat, site,grading, drainage, and utility plans. 4. Setback requirements for the front yard will be reduced to 25 feet, and applies to both front yards of a corner lot. 5. Setback requirements for the side yard will be adjusted to require a minimum of 7.5 feet. 6. Any item or condition found that indicates the site is likely to yield information important to pre-history or history shall be reported to the city immediately. Further,the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Motion carried 6-0. 4.5 Franklin Outdoor Advertising—Outlot A, Elk Path Business Center • Preliminary Plat Approval — KAF Acres, Case No. P 16-06 • Conditional Use Permit for changeable copy sign, Case No. CU I6-I6 The staff report was presented by Zack Carlton. Staff recommended approval of the request with the conditions listed in the staff report dated May 24,2016. Chair Johnson opened the public hearing. Steve Anderson, Franklin Outdoor Advertising—stated that this is a good location for them and asked that the Planning Commission approve the request. There being no further public comment,Chair Johnson closed the public hearing. Planning Commission Minutes Page 7 May 24,2016 Motion by Commissioner Larson-Vito and seconded by Commissioner Konietzko to recommend approval of the request by Franklin Outdoor Advertising for Preliminary Plat of KAF Acres, Case No. P 16-06,with the following condition: 1. Any item or condition found that indicates the site is likely to yield information important to pre-history or history shall be reported to the city immediately. Further,the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Motion carried 6-0. Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to recommend approval of the request by Franklin Outdoor Advertising for a Conditional Use Permit to create a digital changeable coy sign that is larger than the allowed 30 square feet. Case No. CU 16-16,with the following conditions: 1. The Conditional Use Permit shall not be recorded until condition three has been satisfied, and the use will not be considered a legal operation until the CUP has been recorded. 2. The Conditional Use Permit is not a building permit and all required sign permits must be approved by the building department prior to any construction activities on site. 3. Submittal of plans and specifications outlining compliance with the standards set forth in Sec.30-864 (e). Motion carried 6-0. 4.6 Hilton Displays/Starbucks— 19171 Freeport Avenue NW • Conditional Use Permit to Amend Elk Park Center PUD Agreement signage, Case No. CU 16-13 The staff report was presented by BrieAnna Simon. Staff recommended approval of the request with the conditions listed in the staff report dated May 24,2016. Chair Johnson asked if Kristin Mroz,the Environmental Technician,has reviewed and approved this request. Mr. Carlton stated yes. Chair Johnson opened the public hearing. There being no further public comment,Chair Johnson closed the public hearing. Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to recommend approval of the request by Hilton Displays/Starbucks for a Conditional Use Permit to amend the Elk Park Center Planned Unit Development Agreement to allow standard wall signage according to Starbucks'brand, as detailed in the staff report to the Planning Commission dated May 24,2016. Motion carried 6-0. Planning Commission Minutes Page 8 May 24,2016 4.7 Xcel Properties/Buzick— 580 Dodge Street NW • Conditional Use Permit for auto sales/repair, Case No. CU 16-12 The staff report was presented by Chris Leeseberg. Staff recommended approval of the request with the 12 conditions listed in the staff report dated May 24,2016. Commissioner Larson-Vito asked exceptions have been made in the parking requirements for other auto dealers in the city. Mr. Leeseberg stated that he has not been involved in any new CUP's for dealerships,but that in looking at aerial photos,Cornerstone Auto and the KIA locations have the office parking striped. The KIA dealership has two long yellow stripes to define the display area. He stated that Big Tex was required to stripe the trailer display area. He stated he could not speak to what was required in the past. Chair Johnson asked if there was other auto repair in this area. And audience participant stated that there is an auto detail shop in the back of 368 Dodge. Mr. Leeseberg stated that if there is auto repair going on in this PUD,it would be a legal nonconforming use. He stated that the tire store is considered a retail shop. Chair Johnson stated that the former oil change facility that did auto repair. Mr. Leeseberg stated that he would look into this issue prior to the city council meeting. Commissioner Larson-Vito asked if the PUD agreement could be amended to allow auto repair. Chair Johnson stated that if auto repair was necessary,the applicant would need to request an amendment. Mr. Leeseberg stated that the applicant is on a tight schedule and does not want to postpone his request. Chair Johnson opened the public hearing. Gary Santwire,part owner of Rivers Crossing and Equity Management, adjacent property owner—stated they are the owner of 594 and 564 and Dodge Avenue,all of the vacant property south of the site,and also,7 of the 8 townhomes to the east of the subject property (557 thru 551 Auburn Place). He stated that the bedrooms of the townhomes back up to this property. He stated that he sold the subject property to what was at the time, Oliver and Associates and they have been an excellent neighbor. He stated his concern is with having auto repair at this location. He explained that auto repair using impact wrenches and grinders that would disturb the residents in the neighboring businesses and townhomes. He stated that there has been an issue with car repair in the past and they are strongly opposed to it. He stated that the applicant is requesting car repair,but staff is recommending no car repair. He asked if the CUP was being granted to the applicant or the property. Mr. Leeseberg stated the CUP is granted to the property. He noted that the conditions recommended by staff include a condition to not allow auto repair (condition #5). Mr. Santwire stated he was concerned that there were no state requirements. He also had concerns about signage. He explained that there was an easement for a small directional sign. Mr. Santwire stated he would like the second access remain open. He questioned how a person could get in and out of car if the parking stall is only 7 feet wide,since he measured his car and it is about 7 feet wide. He asked if snow removal has been considered. He questioned where the cars would be parked in order to plow the snow. He questioned that Planning Commission Minutes Page 9 May 24,2016 there was no state requirements. He stated he did not feel the request meets the criteria for granting a conditional use permit. Jason Hemp,Xcel Properties—Stated there are no plans to have an auto repair business move in. He explained only occasional repairs would be done,such as changing a tire,or replacing a broken taillight or headlight. There would be no impact wrenches. Mr. Hemp stated that every used car business in Minnesota has the state involved. There are inspections and requirements that must be met or the dealer loses his license. Mr.Hemp stated the only signage that is needed is a small sign for each dealer as required by the state. The only reason they need the number of parking spaces is because the state requires 5 per dealer. He stated that at their other locations,they only use a small portion of the parking that is required. He questioned why the parking island is required to be so wide and asked that it be reduced. Chair Johnson asked if there was a requirement for the island width. Mr. Leeseberg stated that there is a requirement for new parking lots,but he did not believe there was a requirement. Mr. Leeseberg stated that he could work with the applicant on this issue. Mr. Hemp stated that most dealers are driving one of the cars they are selling. He asked that the parking stalls in front of the building be allowed as one of the display parking stalls. Mr. Leeseberg stated that if 11 stalls (1 per dealer requested)were allowed to be display parking that would take up over half of the dedicated office parking stalls. John Buzick, applicant—stated that the car business has changed and cars are sold via the internet. He explained that potential buyers will come to look at a specific car. He stated that most dealers don't ever have five cars at one time. The dealers will only be in their office for 4 hours, 1 day a week. Business is done through places like Craigslist or CarSoup. He explained that most of the lot will be empty. He stated they need the 5 spaces in order for the state to issue their dealer license. He stated he originally wanted 12 tenants,but was willing to have 10 tenants. Mr.Buzick provided a drawing, showing the parking stalls at his lot at 7850 Riverdale Drive in Ramsey. He stated there are 11 dealers at this location and the drawing shows only 8 cars parked on the lot. He stated this is typical. He stated he also has locations in Lake St. Croix Beach,Forest Lake,Ham Lake,Andover,two in Ramsey and one in Buffalo. He stated they are not required to provide separate parking for the dealers in addition to the parking stalls for the display vehicles. Mr. Buzick stated a conflict with Condition#8, since the tenants will drive one of their display vehicles and would park in the display area. Mr. Buzick stated that there will be no auto repair,such as paint and body work. Mr. Leeseberg stated that if auto repair is going to be done,the PUD would need to be amended. Mr. Santwire stated that he had a problem with the request,when the applicant asks for something and then states he probably won't need it. Mike Sultany—stated he owns a neighboring business and does auto repair. He stated that Diversified Auto used to be in the back garage of 568 Dodge and is currently being used as a Planning Commission Minutes Page 10 May 24,2016 detail shop. He stated that the property to the south is a lot that is attached to the former oil change facility that is vacant. He agreed with Mr. Santwire that the applicant is trying to put too much on the site. He stated that earlier in the meeting,the hours of operation were discussed for an auto tuning shop and that the same consideration should be made here. He stated that people selling used cars put them in saleable condition,and he would assume they do such things as changing the oil before selling. He said the question should be asked whether or not the facility has proper drainage and a grease trap to properly clean if spills take place. He stated that they would be considered a hazardous waste generator if they are changing oil. He stated they need to abide by the codes. Mr. Sultany noted that Easy Auto Sales down Highway 10 has a similar operation and their lot is full. He stated each dealer should be allowed a certain number of vehicles and no more. Mr.Buzick stated that Easy Auto is a different business model. He stated the lease agreement with the dealers for this site is for five vehicles only and he will write into the agreement that there will be no changing oil or fluids. Lynn Caswell, co-owner of 580 Dodge—stated that the driveway on the south side of 568 Dodge is set aside for emergency vehicles,but it does get used sometimes for a pass- through,including garbage trucks. He stated he plans to stay at the site 1 —2 years with a total of 5 employees and one pickup truck. He stated occasionally there will be 6-12 additional vehicles for a meeting,and the month-to-month tenant uses about 4 stalls. He stated they have a sign easement on the southwest corner of 594 Dodge and there are no restrictions on the easement itself. He felt the buyer could work with the property owner (Mr. Santwire) on the sign. There being no further public comment,Chair Johnson closed the public hearing. Chair Johnson asked staff if stores such as O'Reilly or Auto Zone are allowed to do auto repairs,such as changing a battery out or a headlamp. Mr. Leeseberg stated that if it is zoned C3 Highway Business,that would be allowed. Chair Johnson stated that if the applicant wanted to allow auto repair he would need to apply for an amendment to the PUD. He stated he would be agreeable to a maximum number of 9 dealers. Commissioner Thiel concurred with 9 dealers and stated that repairs should be done at the dealers' home or elsewhere in a commercial setting. He stated he would like to leave in Condition#5 and change Condition#11 to 9 dealers allowed. Commissioner Larson-Vito stated she was in agreement with those conditions,and that she would like to stay away from pinpointing specific repairs to be allowed or not allowed. There being no further public comment,Chair Johnson closed the public hearing. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the request by Xcel Properties/Buzick for a Conditional Use Permit for auto sales to operate an incubator-type facility for small business used car dealer offices, Case No. CU 15-12,with the following conditions: Planning Commission Minutes Page 11 May 24,2016 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. The applicant must apply for and receive approval for all required permits before any construction may begin. 4. The city's Building Official and Fire Marshal shall inspect the building for compliance with all state and local building codes. 5. Auto repairs shall not be allowed. 6. Two (2) concrete curb and gutter parking lot islands shall be installed as shown on the Parking Exhibit. 7. City-required parking stalls shall be striped in accordance with City Ordinance, Section 30-892. 8. No vehicle displays shall be allowed in the parking lot just west of the subject building as shown on the Parking Exhibit. 9. All vehicle display shall occur in the parking lot north of the subject building as shown on the Parking Exhibit. 10. The vehicle display area does not need to be striped, as shown on the Parking Exhibit. 11. The number of dealers shall be limited to nine (9). 12. No more than 41"for sale"vehicles may be displayed outside on the subject property Motion carried 6-0. 5. General Business - None 6.1 City Council Liaison Update Councilmember Burandt reviewed the City Council actions taken on the planning items from the April 26,2016,Planning Commission meeting. 7. Adjournment There being no further business,the meeting of the Elk River Planning Commission adjourned at 8:35 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk Eric Johnson Chair,Planning Commission