09-27-2016 PC MIN ty of
Meeting of the Elk River Planning Commission
River Held at the Elk River City Hall
Tuesday, September 27, 2016
Members Present: Chair Eric Johnson, Commissioners Andrew Crook,Alexander Feinstein,Jill
Larson-Vito and Brad Thiel
Members Absent: Commissioners Mark Konietzko and Mike Nicholas
Staff Present: Planning Manager Zack Carlton,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 7:04 p.m. by Chair Johnson.
2. Consider August 23, 2016, Planning Commission Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to
approve the August 23, 2016, Planning Commission agenda. Motion carried 5-0.
3.I Consider August 23, 2016, Board of Adjustments Minutes
Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to
approve the August,2016, Board of Adjustments minutes. Motion carried 5-0.
4.1 Shelly Liestman — 1 9776 Gary Street NW
• Conditional Use Permit— Conditional Use Permit for Home Occupation (dog
grooming), Case No. Cu I6-23
The staff report was presented by BrieAnna Simon. Staff recommended approval of the
Conditional Use Permit with the conditions stated in the staff report.
Chair Johnson opened the public hearing.
Karen Rivers, 13286 198 1/2 Circle NW—asked in there would be animals running loose.
She stated that she had a bad experience in which a child was bitten by a dog.
Ms. Simon stated that Condition#12 requires that customer's dogs shall be leashed or
kenneled when outside.
There being no further public comment, Chair Johnson closed the public hearing.
Planning Commission Minutes Page 2
July 26,2016
Motion by Commissioner Larson-Vito and seconded by Commissioner Feinstein to
recommend approval of the request by Shelly Liestman for a Conditional Use Permit
for a home occupation to operate a dog grooming business,with the following
conditions:
1. The authorized Conditional Use Permit shall be recorded.
2. Prior to recording,the city's Building Official and Fire Marshal shall inspect the
building for compliance with all state and local building codes.
3. The authorized use shall not begin until the Conditional Use Permit is recorded.
4. If the proposed work described in the application and Conditional Use Permit
has not been substantially completed within two years after the Conditional Use
Permits date of issuance, the permit shall expire and become void.
5. If the authorized use ceases for more than six months, the Conditional Use
Permit shall expire.
6. The applicant must apply for and receive approval for all required permits before
any construction may begin.
7. The hours of operation shall be 8 a.m.—4 p.m. Tuesday-Saturday.
8. Signage shall not exceed four square feet.
9. There shall be no customer parking on the street.
10. No more than four customer vehicles shall be parked in the driveway.
11. With the exception of transferring from a vehicle to the facility, customer's dogs
(or other) shall not be allowed outside. --�
12. All customer's dogs shall be leashed or kenneled when outside.
If a dog is barking, any facility windows shall be closed.
Motion carried 5-0.
4.2 UNA Stamus Fitness— 1 3467 Business Center Drive NW
• Conditional Use Permit for fitness facility, Case No. CU 16-26
The staff report was presented by BrieAnna Simon. Staff recommended approval of the
request with the conditions listed in the staff report.
Chair Johnson opened the public hearing. There being no public comment, Chair Johnson
closed the public hearing.
Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to
recommend approval of the request by UNA Stamus Fitness for a fitness facility at
13467 Business Center Drive,with the following conditions:
1. The authorized Conditional Use Permit shall be recorded, and the use shall not
begin prior to recording.
2. Prior to recording, the city's Building Official and Fire Marshal shall inspect the
building for compliance with all state and local building codes.
Planning Commission Minutes Page 3
July 26,2016
3. If the proposed work described in the application and Conditional Use Permit
has not been substantially completed within two years after the Conditional Use
Permits date of issuance, the permit shall expire and become void.
4. If the authorized use ceases for more than six months, the Conditional Use
Permit shall expire.
5. The applicant must apply for and receive approval for all required permits before
any construction may begin.
Motion carried 5-0.
4.3 John Madsen — 503 Jackson Avenue NW
• Conditional Use Permit for Dakotah Doggy Daycare, Case No. CU 16-24
The staff report was presented by BrieAnna Simon. Staff recommended approval of the
request with the conditions listed in the staff report.
Commissioner Crook asked if the apartment shown on the plan was a permitted use. Mr.
Carlton explained that apartments accessory to a principal use are allowed in this zoning
district.
Chair Johnson opened the public hearing.
John Madsen, applicant, stated he was present to answer questions.
A tenant at 503 Jackson and asked for the timing that this development would take place in
order to know when tenants need to relocated. Mr. Madsen stated that he is willing to work
with the existing tenants in order to give tenants enough time to find another space.
Kimberly Carter, 18177 Macon Street NW, - stated she was a tenant at 503 Jackson and
asked how the applicant proposed to accommodate the tenants,when there would be dogs
barking. Mr. Madsen stated that the tenants would be required to agree to the conditions in
a new lease agreement when he becomes the new owner of the building. He stated that he is
willing to work with the existing tenants,but that it is his long term goal to develop the
upper level of the building and the tenants would have to find another space at that time.
Chair Johnson closed the public hearing.
Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to
recommend approval of the request by John Madsen for a Conditional Use Permit for
dog daycare at 603 Jackson Avenue,with the following conditions:
1. The authorized Conditional Use Permit shall be recorded, and the use shall not
begin prior to recording.
2. Prior to recording, the city's Building Official and Fire Marshal shall inspect the
building for compliance with all state and local building codes.
Planning Commission Minutes Page 4
July 26,2016
'l and The Conditional Use Permit is not a building permit a d the app licant must
apply for and receive approval of required building and sign permits before
construction may begin.
4. All refuse collection containers shall be stored within an enclosure facility large
enough to accommodate the collection of all materials. Refuse containers and
materials must be out of sight from neighboring properties and street.
5. Update site plan to show designated pick-up/drop-off and employee parking
areas.
6. Landscaping shall be installed as shown in the submitted site plan by July 1,2017.
7. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary
condition.
8. Indoor facilities shall be adequately ventilated and have ample light, cooling and
heating.
9. Adequate storage and refrigeration shall be provided to protect food supplies
against contamination and deterioration.
10. Waste shall be picked up immediately and disposed of in a sealed container.
11. Animals are allowed outside only under direct supervision.
12. No more than four(4) animals per supervisor shall be allowed outside the fenced
area and will be leashed at all times.
13. Outdoor play shall not be used before 7:00 a.m. or after 9:00 p.m.
14. Access to the outdoor play area will be through a door installed in the rear of the
building.
15. The outdoor play area will be screened by a six foot opaque fence.Vinyl, or other, ---�
slats in chain link fencing shall not be used.
16. Noise shall be mitigated so as to not create a public nuisance for adjoining
properties. If a dog continuously barks,it will be brought inside.
Motion carried 5-0.
4.4 Menards, Inc.— 19521 Evans Street NW
Conditional Use Permit for expansion of existing facility, Case No. CU 16-25
The staff report was presented by Zack Carlton. Staff recommended approval of the request
with the conditions listed in the staff report.
Chair Johnson opened the public hearing.
Tyler Edwards,representing Menards—stated that they are proposing no changes in lighting
or landscaping.
Nettie Hackenmueller, 19630 Carson Circle NW—asked about the timing and duration of
the project. She also noted that truck traffic often enters Carson Street and there is some
confusion as to where they should turn into Menards. Mr. Edwards stated that additional
signage would be looked at to alleviate this concern. Mr. Edwards noted that the project will
commence in the spring and it will take a couple of months to construct the shell of the
addition. Ms. Hackenmueller noted that there seems to be a lot of honking of trucks going
and wondered if this was necessary.
Planning Commission Minutes Page 5
July 26,2016
There being no further public comment, Chair Johnson closed the public hearing
Motion by Commissioner Crook and seconded by Commissioner Feinstein to
recommend approval of the request by John Madsen for a Conditional Use Permit
with the following conditions:
1. The authorized Conditional Use Permit shall be recorded, and the use shall not
begin prior to recording.
2. Prior to recording,the city's Building Official and Fire Marshal shall inspect the
building for compliance with all state and local building codes.
3. 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.
4. All refuse collection containers shall be stored within an enclosure facility large
enough to accommodate the collection of all materials. Refuse containers and
materials must be out of sight from neighboring properties and street.
5. Update site plan to show designated pick-up/drop-off and employee parking
areas.
6. Landscaping shall be installed as shown in the submitted site plan by July 1,2017.
7. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary
condition.
8. Indoor facilities shall be adequately ventilated and have ample light,cooling and
heating.
9. Adequate storage and refrigeration shall be provided to protect food supplies
against contamination and deterioration.
10. Waste shall be picked up immediately and disposed of in a sealed container.
11. Animals are allowed outside only under direct supervision.
12. No more than four(4) animals per supervisor shall be allowed outside the fenced
area and will be leashed at all times.
13. Outdoor play shall not be used before 7:00 a.m. or after 9:00 p.m.
14. Access to the outdoor play area will be through a door installed in the rear of the
• building.
15. The outdoor play area will be screened by a six foot opaque fence.Vinyl, or other,
slats in chain link fencing shall not be used.
16. Noise shall be mitigated so as to not create a public nuisance for adjoining
properties. If a dog continuously barks, it will be brought inside.
Motion carried 5-0.
5.1 City Council Liaison Update
Councilmember Burandt reviewed the September 19,2016, City Council actions taken on
the planning items from the August 23, 2016,Planning Commission meeting.
Commissioner Larson-Vito volunteered to attend the October 17,2016,City Council
meeting in place of Commissioner Konietzko,who was absent for tonight's planning items.
Planning Commission Minutes Page 6
September 27,2016
6. Adjournment --�
There being no further business,the meeting of the Elk River Planning Commission
adjourned at 7:28 p.m.
Minutes prepared WDebbie Huebner.
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f t li
Tina Allard
City Clerk
411r
Eric Johnson
Chair,Planning Commission