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06-28-2016 PC MIN 2rry of •.- Meeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday,June 28, 2016 Members Present: Chair Eric Johnson, Commissioners Andrew Crook,Alexander Feinstein,Jill Larson-Vito,Mike Nicholas and Brad Thiel Members Absent: Commissioner Mark Konietzko 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 6:56 p.m.by Chair Eric Johnson. 2. Consider 1 une 28, 2016, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the June 28,2016,Planning Commission agenda. Motion carried 6-0. 3.1 Consider May 24, 2016, Planning Commission Minutes Moved by Commissioner Feinstein and seconded by Commissioner Larson-Vito to approve the May 24,2016 Planning Commission minutes. Motion carried 6-0. 4.1 City of Elk River • Ordinance Amendment Relating to the CR (Extreme Commercial Recreation) Zoning District, Case No. OA 16-05 The staff report was presented by Chris Leeseberg. Chair Johnson opened the public hearing. There being no public comments,Chair Johnson closed the public hearing. Motion by Commissioner Larson-Vito and second by Commissioner Nicholas to recommend approval of the request by the City of Elk River for an ordinance amendment to reduce the minimum lot size for the Extreme Commercial Recreation (XCR) from 10 acres to 5 acres, Case No. OA 16-05. Motion carried 6-0. Planning Commission Minutes Page 2 June 28,2016 4.2 ERX Properties- 21591 U.S. Highway 169 NW • Preliminary Plat approval, Aggregate Commercial Fourth Addition, Case No. P 16-09 • Conditional Use Permit for Active Use Storage (ERX Tech Shops), Case No. CU 16-18 The staff reports were presented by Chris Leeseberg. Staff recommended approval with the conditions listed in the staff reports dated June 28,2016. Chair Johnson asked if Kristin Mroz, Environmental Tech,had any concerns with the activities in the active use storage facility. Mr. Leeseberg stated the applicant will address this issue. Chair Johnson opened the public hearing. Todd Plaisted, 15781 Andrea Street, Ramsey,the applicant-stated that the machines only use 4 ounces of oil. He stated that the oil will be collected and disposed of at the city site. He stated that he is unsure about installing curbing this year, since they plan to add more buildings next year. He explained that the curbing would be in the way of construction. Mr.Leeseberg stated that the city has allowed other sites to develop in phases, and the City Council could waive the ordinance requirement,if they chose to do so. Mr. Plaisted stated that he would like to be able to install the curbing when they have completed the project,so as not to damage it. -� Dan Green,Miller Dunwiddle Architects, representing the applicant-stated that the roof of the proposed building will now be more of a gable shape,and not a flatter type roof as originally proposed. He asked if the Planning Commission or staff had any issue with this change. Mr.Leeseberg stated that staff has no issue,as long as the building does not exceed the height requirements in the city's ordinance. There being no further public comment,Chair Johnson closed the public hearing. Motion by Commissioner Feinstein and seconded by Commissioner Thiel to recommend approval of the request by ERX Properties for Preliminary Plat approval for Aggregate Commercial Fourth Addition, Case No. P 16-09,with the following conditions: 1. Surface water management fee be paid in the amount required by the city (currently$1,326/acre) prior to releasing the Final Plat for recording. 2. Park dedication shall be paid for 7.59 acres at the rate applicable when the subdivision is released for recording. The anticipated rate to be approved by the city council is 8%of the county assessed value. (Approx. $6,502) Staff will determine the final amount when the plat is released for recording. 3. All comments in the Environmental Memo dated June 14,2016 shall be addressed. 4. All comments in the Stormwater Coordinator Memo dated June 8,2016 shall be addressed. Planning Commission Minutes Page 3 June 28,2016 5. Failure of the subdivider to submit the final plat within one year, unless a written request for extension has been submitted and for good cause granted by the council,shall cause the preliminary plat to become null and void. However, the subdivider may continue to final plat a phase of the approved preliminary plat within one year of each phase in order to extend valid approval of the preliminary plat. Motion carried 6-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to recommend approval of the request by ERX Properties for a Conditional Use Permit for Active Use Storage, Case No. CU 16-18,with the following conditions: 1. The authorized 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 use shall fully comply with all other requirements of the City Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. 4. The applicant must apply for and receive approval for all required permits before any construction may begin. 5. 44 striped parking stalls shall be provided. 6. An approved site plan showing 44 proof of parking stalls shall be provided to the city. 7. The level of noise from the building shall not exceed city ordinance levels. 8. All comments in the Environmental Memo dated June 14,2016 shall be addressed. 9. Allow curb and gutter to be installed in phases with construction of additional buildings. Motion carried 6-0. 4.3 Lake State Recycling— 19131 Industrial Blvd. NW • Conditional Use Permit to Amend CUP for recycling operation, Case No. CU 16-19 The staff report was presented by Chris Leeseberg. He reviewed the proposed changes to the previously approved CUP. Staff recommended approval of the request with the 15 conditions listed in the staff report dated June 28,2016. Commissioner Larson-Vito asked if privacy fencing has been recommended by staff for similar businesses with outdoor storage. Mr. Leeseberg stated yes, that chain link fencing with privacy slats has been eliminated, due to maintenance issues. Commissioner Feinstein asked if the city's ordinance allows for collection of vehicles for transfer,if there is no salvage. Chair Johnson stated that he interprets salvage as stripping Planning Commission Minutes Page 4 June 28,2016 down a vehicle for parts, and asked if the ordinance differentiates between the two. Mr. Leeseberg stated that staff Ilooked isBiiinto the issue. He asked the applicant for clarification. Harley Hanson,21073 Lander Street,co-owner of Lake State Recycling—stated that the vehicles are no different than any other material that comes in; they are ferrous metal. He stated they typically receive 6-10 cars before they are picked up in a week or less, sometimes only 2-3 days. Chair Johnson stated he would look at the use as similar to a towing yard,where vehicles are kept for a short period of time. Mr. Leeseberg stated that staff can look into differentiating between auto salvage and this type of use. He explained that staff assumed they were salvaging parts off the vehicles and this is new information that they are only being held for pickup. Chair Johnson opened the public hearing. Chris Baumgartner, 20167 West Ford Brook Drive,Anoka,MN, co-owner of Lake State Recycling—stated that they set up an electronic tracking system for every material that come in the door in September,2014. He stated that they recycled 56,000 pounds of ferrous metal(car bodies) from September through December 2014. For 2015, they recycled 248,119 pounds;and so far in 2016, they have recycled 195,391 pounds. He noted that some days they get in 1 car and some days they may get 6 cars. Spring is a busy time,as people have"dead"vehicles in their yard and need to get rid of them. He stated that this is a very viable part of their business. Mr. Hanson noted that they have had no violations or issues. He explained that they are heavily regulated by the MPCA for the electronic portion of their business. Mr. Hanson stated that the MPCA is very happy with how they handle their business and have expressed that they like to come out and do walk-throughs. Mr. Baumgartner stated the MPCA has asked about the vehicles regarding how they are handled and were satisfied with their operation. Mr. Hanson stated that they are licensed through Sherburne County for solid waste and are bonded,in the event a cleanup would be required. Chair Johnson asked the applicants if they were agreeable to work on the landscaping plan with city staff. Mr. Hanson and Mr. Baumgartner stated yes. Commissioner Feinstein asked if the applicants agreed with limiting the number of vehicles to 10. Mr. Baumgartner stated they did not foresee needing that many since they turn around the materials so quickly,but would like that number in the event they had an unusually high amount of materials. Mr. Baumgartner stated that their neighbor across the street is a very new company,and they have chain link with slats,as do most of properties in this development. He stated that if they put up a privacy fence, they would not fit in, and that is why they are asking for it. Chair Johnson stated that fencing has been required for other outdoor storage requests around the perimeter of the property. He stated that the applicants'property may be unique, Planning Commission Minutes Page 5 June 28,2016 having environmental elements that provide containment of the outdoor storage area,but in order to remain consistent, fencing should be required. Mr. Baumgartner explained why it is not feasible to fence the south and east sides of the outdoor storage. Commissioner Larson-Vito stated that the Commission recently approved a landscaping business and allowed the trees as screening,as long as they were maintained.A condition required additional trees and maintain them. Discussion followed regarding fencing of the outdoor storage and location of the property stakes. Commissioner Larson-Vito stated her concern is if the trees were cut down. Mr. Baumgartner stated that the city owns the trees. He noted that there really is no place to plant additional trees. Commissioner Thiel stated he felt the most straightforward solution would be to require the fence. Commissioner Larson-Vito stated that if new information is available,that can be presented at the City Council level. There being no further public comment, Chair Johnson closed the public hearing. Chair Johnson discussed the ro osed chap es to the conditions with the Commissioners. proposed changes Crook expressed his concern that if the trees were gone, for one reason or another, there would be no screening or delineation of the outdoor storage area. Chair Johnson stated that he was comfortable with the condition as discussed. He stated that even if the trees were removed or destroyed,there is no way they can expand the outdoor storage to the south, due to the wetland area. Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to recommend approval of the request by Lake State Recycling for a Conditional Use Permit to allow a recycling operation,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. Hours of operation shall be limited to 8 a.m. - 10 p.m. Monday through Sunday. 7. With the exception of gas pumps or other products the city deems hazardous, all product breakdown must occur within the building. Planning Commission Minutes Page 6 June 28,2016 8. A six foot tall chain link fence shall be installed along the east side of the outdoor storage area. The west side of the outdoor storage area shall be a six foot tall privacy fence. 9. There shall be no storage of any materials and/or products on the property outside of the outdoor storage area. 10. Vehicles or equipment shall be stored for transport only and not salvaged. 11. Materials shall not be stacked higher than six (6) feet in the outdoor storage area unless in an enclosed dry van. 12. If the outdoor storage area is to be increased more than 45,000 square feet, an amendment to the conditional use permit shall be required. 13. No more than ten (10) dry vans shall be used for storage. 14. A landscape plan, submitted by the applicant, showing the 10 trees shall be provided to include in the City Council staff report. 15. 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 or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. Motion carried 6-0. 4.4 Venture Pass Partners, LLC — 18050 Zane Street NW • Preliminary Plat Approval— ER Ventures Addition, Case No. P 16-07 The staff report was presented by BrieAnna Simon. Staff recommended approval with the conditions listed in the staff report dated June 28,2016. Chair Johnson opened the public hearing. Randy Rauwerdink,Venture Pass Partners,LLC, applicant- asked why the final plat was not on the agenda. Mr. Carlton stated that the Planning Commission only acts on the preliminary plat,and the City Council will act on both the preliminary and final plat at the July 18,2016,City Council meeting. There being no further public comment,Chair Johnson closed the public hearing. Motion by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the request by Venture Pass Partners,LLC for preliminary plat approval of ER Ventures Addition, Case No. P 16-07,with the following conditions: 1. All comments in the Staff Comment Letter dated June 14,2016 shall be addressed. 2. A minimum of a 30 feet easement along the railroad along the south side of Outlot A shall be provided for future trail connections. Motion carried 6-0. Planning Commission Minutes Page 7 June 28,2016 4.5 City of Elk River • Ordinance Amendment Relating to Distilleries in Industrial and Commercial Zoning Districts, Case No. OA 16-06 The staff report was presented by Zack Carlton. Staff recommended approval of the request with the conditions listed in the staff report dated June 28,2016. Chair Johnson opened the public hearing.There being no public comment, Chair Johnson closed the public hearing. Motion by Commissioner Feinstein and seconded by Commissioner Nicholas to recommend approval of the request by the City of Elk River for an Ordinance Amendment Relating to Distilleries in Industrial and Commercial Zoning Districts, as proposed in the staff report dated June 28,2016, Case No. OA 16-06. 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 May 24,2016,Planning Commission meeting. 7. Adjournment There being no further business, the meeting of the Elk River Planning Commission adjourned at 7:55 p.m. Minutes prepared b Debbie Huebner. Tina Allard Ci. Clerk ric Johnson Chair,Planning Commission 4