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11-22-2016 PC MIN City of ElMeeting of the Elk River Plannin g Commission River Held at the Elk River City Hall Tuesday, November 22, 2016 Members Present: Chair Johnson, Commissioners Mark Konietzko,Jill Larson-Vito,Robert Rydberg,and Brad Thiel Members Absent: Alexander Feinstein and Mike Nicholas Staff Present: Planning Manager Zack Carlton,Senior Planner Chris Leeseberg,Planner BrieAnna Simon, and Sr.Administrative Assistant Jennifer Johnson Also Present: Councilmember Barbara J. 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 Johnson. 2. Pledge Of Allegiance The Pledge of Allegiance was recited. 3. Consider November 22, 2016, Planning Commission Agenda Moved by Commissioner Konietzko and seconded by Commissioner Larson-Vito to approve the November 22,2016,Planning Commission agenda. Motion carried 5-0. 4.1 Consider October 25, 2016, Regular Board of Adjustment Minutes Moved by Commissioner Konietzko and seconded by Commissioner Thiel to approve the October 25,2016, Regular Board of Adjustments Minutes. Motion carried 5-0. 4.2 Consider October 25, 2016, Regular Planning Commission Meeting Minutes Moved by Commissioner Konietzko and seconded by Commissioner Larson-Vito to approve the October 25,2016, Regular Planning Commission Meeting Minutes. Motion carried 5-0. Planning Commission Minutes Page 2 November 22,2016 5.1a ERX Properties— 21591 U.S. Highway 169 NW • Preliminary Plat Approval for Aggregate Commercial Fifth Addition, Case No. P 16-19 5.I b ERX Properties— 21591 U.S. Highway 169 NW • Conditional Use Permit for Off-Road Racing Facilities, Case No. CU 16-30 Mr. Leeseberg presented the staff report. Staff recommended approval of the Preliminary Plat as proposed in the report.The applicant was present to answer any questions. Commissioner Larson-Vito asked questions regarding the overnight parking. Mr.Leeseberg indicated the concerns were brought to the council and language was adjusted. Chair Johnson opened the public hearing.There being no one present to comment, Chair Johnson closed the public hearing. Motion by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the request by ERX Properties for Preliminary Plat approval for Aggregate Commercial Fifth Addition with the following conditions: 1. The environmental review process (EAW) shall be completed. 2. All comments in the Engineering Division memo dated November 8, 2016,shall be addressed. 3. All comments in the Stormwater Coordinators Memo dated November 9,2016,shall be addressed. 4. All comments in the Environmental Technician memo dated November 7,2016,shall be addressed. Motion carried 5-0. Motion by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the request by ERX Properties to approve the Conditional Use Permit for Off-Road Racing Facilities with the following conditions: 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. 2. The environmental review process (EAW) shall be completed. 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. Hours of operation shall be limited to Monday through Saturday 7:00 a.m.—10:00 p.m. and Sunday 8:00 a.m.—8:00 p.m. 6. An amendment to this CUP will be required for future expansions/additions not shown on the site plan dated September 26, 2016. 7. Staff approval of a spectator safety plan. 8. Staff approval of an on-site traffic/distribution plan that demonstrates: Planning Commission Minutes Page 3 November 22,2016 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. Except for team and sponsor vehicles/trailers, no overnight parking shall be allowed. 10. No more than two Special Event Recreational Camping events per year shall occur. 11. 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. 12. All comments in the Engineering Division memo dated November 8, 2016, shall be addressed. 13. All comments in the Stormwater Coordinators Memo dated November 9,2016,shall be addressed. 14. All comments in the Environmental Technician memo dated November 7,2016, shall be addressed. 15. The approved Conditional Use Permit (CU 16-15)will become void. Motion carried 5-0. 5.2 David Stiegler— 82 I Upland Avenue NW • Conditional Use Permit for Home Occupation (Woodworking), Case No. CU 16-31 Mr.Leeseberg presented the staff report. Staff recommended approval of the Conditional Use Permit with the conditions as outlined in the report. The applicant was present to answer any questions. Chair Johnson opened the public hearing. There being no one present to speak on the matter,Chair Johnson closed the public hearing. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the request by David Stiegler to approve the Conditional Use Permit for Home Occupation(woodworking)with the following conditions: 1. The city's Building Official and Fire Marshal shall inspect the building ding for compliance with all state and local building codes. 2. The authorized Conditional Use Permit shall not be recorded until the aforementioned conditions have been completed. 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. Planning Commission Minutes Page 4 November 22,2016 5. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 6. The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. 7. During business hours, all doors and windows shall be kept closed when building, assembling,or finishing activities occur. 8. No machinery shall be in operation while any doors or windows are open. 9. The level of noise from the building shall not exceed city ordinance levels. 10. There shall be no building, assembling,or finishing of products or material outside of the detached accessory structure. 11. All customer vehicles must be parked on site on an approved surface. 12. Paint and other finishes shall be disposed of in accordance with city and state regulations. 13. The building shall be subject to annual inspections of the Fire Marshall. 14. The applicant must apply for and receive approval for all required permits before any construction may begin. Motion carried 5-0. 5.3 Michael Persons/Spikes Lawn & Garden — 906 U.S. Highway 10 • Conditional Use Permit for Two Changeable Copy Signs, Case No. CU 16-33 Mr.Leeseberg presented the staff report. Staff recommended approval of the CUP with the recommendations outlined in the staff report. Chair Johnson opened the public hearing.There being no one present to comment on the matter,Chair Johnson closed the public hearing. Motion by Commissioner Larson-Vito and seconded by Commissioner Konietzko to recommend approval of the Conditional Use Permit for Two Changeable Copy Signs with the following conditions: 1. The authorized use shall not begin until the Conditional Use Permit is recorded. 2. 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. 3. If the authorized use ceases for more than six months,the Conditional Use Permit shall expire. 4. The applicant must apply for and receive approval for all required permits before any construction may begin. 5. The signs shall be compliant with the standards set forth in Sec. 30-864 (e). Motion carried 5-0. Planning Commission Minutes Page 5 November 22,2016 5.4 Pat Briggs—75-134-2303 (Jackson Ave) • Zone Change from C-2 (Office District) to R-4 (Multi Family Residential), Case No ZC 16-07 Mr. Carlton presented the staff report. Staff recommended approval of the zone change for PID 75-134-2303,changing the zoning from C-2 (Office District) to R-4 (Multi-Family Residential). Chair Johnson opened the public hearing. There being no one present to comment on the matter,Chair Johnson closed the public hearing. Motion by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the zone change for PID 75-134-2303,changing the zoning from C-2 (Office District) to R-4 (Multi-Family Residential) as proposed. Motion carried 5-0. 5.5 Spectrum High School— 11044 Industrial Circle • Conditional Use Permit for expansion of an Institutional Use, Case No. CU 16-32 Mr. Carlton presented the staff report. Staff recommended approval of the Conditional Use Permit as presented.The applicants were present to answer any questions. Chair Johnson asked if the city had future plans for vehicle and pedestrian improvements on Twin Lakes Road. Mr. Carlton indicated the council has discussed the area but indicated there are not any future plans for improvements at this time. Commissioner Thiel asked about parent routes and drop off/pick up locations around the building. Mr. Carlton explained the bus entrance and proposed parent drop off/pick up locations. Chair Johnson opened the public hearing. Scott Robideau is the owner of one unit at 11044 Industrial Circle NW and currently operates in the same building as Spectrum High School. He handed out a list of concerns regarding the applicant's request for expansion and outlined regulations 1,3,4,and 5 and how the expansion would negatively affect him. Gary Brandt leases some units at 11044 Industrial Circle and opposes the approval of the Conditional Use Permit. He expressed his concerns regarding traffic patterns and student safety. He felt this would only increase if the school,located in an industrial park,were allowed to continue expanding in an area not suitable for a school. Planning Commission Minutes Page 6 November 22,2016 Craig Kepler, from the law firm of Lindquist and Vennum LLP, 80 South 8th Street, Suite 2000,Minneapolis,is the attorney representing the applicant and indicated the applicant intends to continue its good neighbor status with Mr. Robideau and the other industrial businesses at that location. He noted there's already a broad category of uses and vehicle/foot traffic in the area. He stated they are requesting to add 200 7th and 8th grade students who are not driving vehicles to school, so it will not be increasing parked vehicles in the parking lot. He also stated there haven't been any accidents involving the students and the school intends to continue to keep them safe. Chair Johnson asked Mr. Kepler to explain the school's long-term goals and if their intention was to grow within the business park or eventually move the school to a different location to fit the growth. Mr. Kepler indicated the ultimate goal of the school was to become a school serving 6-12 graders and intends to stay there as the school is financially invested in that location with no other plans in place to change locations. Commissioner Rydberg asked if they had been any other businesses in the area that approached the school with concerns regarding the expansion plans. Mr. Kepler indicated he was not aware of any concerns from other businesses. There being no one else present to comment on the matter, Chair Johnson closed the public �--� hearing. Commissioner Thiel expressed his concerns regarding the location of the school and felt that although the school was a good one,in his opinion,it was located in the wrong spot and he was not in favor of approving further expansion. He stated he felt the school seemed like an odd fit,as the original intention of the building was to serve industrial businesses. Commissioner Rydberg agreed with Commissioner Thiel and indicated the city put many funds towards this area intended to be an industrial park and generating tax revenue. His understanding is that approving the school in this location was a short term fix and may be turning away other businesses that wish to locate here. He felt like the Planning Commission may be delaying the inevitable by allowing an expansion in an area which may not be appropriate. Commissioner Konietzko asked if the city has received any comments regarding the school in the past and if the original Conditional Use Permit was meant to be a short term or long term permit. Mr. Carlton indicated the comments heard today from adjacent property owners were new. He indicated the initial ordinance amendment allowing an institutional use to locate there in 2010 was not supported by staff or the Planning Commission and stated Spectrum did not expect to grow as quickly as they did in this location, taking them both by surprise. Mr. Kepler stated the school has to borrow money at 30-year maturity terms to build a high school and would not be financially prudent to relocate before the end of the prepayment Planning Commission Minutes Page 7 November 22,2016 period. Regarding taxes,Mr. Kepler stated the city extracts a substantial contribution towards infrastructure in lieu of any industrial taxes payment. Commissioner Larson-Vito noted that just because the land is developed,there are vacant structures that need to be considered. Chair Johnson indicated he was a member of the Planning Commission in 2010 when the original request was opposed and stated he knows the reasons why it was not a good fit in the area. He struggles with whether or not they continue to delay future expansion or decide to put a cap on expansion plans. Commissioner Larson-Vito stated the Planning Commission has guidelines in place for a reason and should remain consistent on how they apply them. She stated she understands the conundrum but felt there are definitely grounds for denial of the applicant's request. Mr. Carlton stated if the commission sees the potential for significant impacts on the area, the commission should state, specifically,what conditions for approval of a CUP have not been met. The commission reviewed the conditions for approval of a CUP and noted that items 1,3,4, and 5 were not met. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend denial of the request by Spectrum High School for a Conditional Use Permit based upon the Applicable Regulations not in compliance with the following conditions: 1)Will not endanger,injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health,safety,morals, comfort, convenience,or general welfare of the neighborhood or the city. 3)Will not impede the normal and orderly development and improvement of surround vacant property. 4)Will be served adequately by and will not adversely affect essential public facilities and services including streets,police and fire protection,drainage, refuse disposal,water and sewer systems,parks and schools; and will not,in particular,create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5) Will not involve uses, activities,processes, materials,equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic,noise,smoke,fumes,glare, odors, dust or vibrations. Motion carried 5-0. Planning Commission Minutes Page 8 November 22,2016 5.6 Menards— 19521 Evans Street NW • Preliminary Plat for Menards Second Addition, Case No. P 16-20 • Conditional Use Permit to Amend Hillside Crossing II PUD Signage, Case No. CU 16-32 Ms. Simon presented the staff report. Staff recommended approval of the Conditional Use Permit to amend the Hillside Crossing II Planned Unit Development language relating to signage. Staff also recommended approval of the Preliminary Plat for the Menards Second Addition. Chair Johnson opened the public hearing. Tyler Edwards representing Menards stated he was before the commission in July for an expansion and he was available to answer any questions. There being no public comment, Chair Johnson closed the public hearing. Commissioner Thiel commented the current location of the Menards sign was not near the Samaritan Way Thrift Store. Mr. Edwards commented Menards wanted to continue to assist the Samaritan Way Thrift Store in advertising for them on their sign. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the Preliminary Plat for Menards Second Addition as outlined in the staff report. Motion carried 5-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the Conditional Use Permit to Amend Hillside Crossing II Planned Unit Development language relating to signage as outlined in the staff report. Motion carried 5-0. 5.7 City of Elk River— Land Use Amendment • Land Use Amendment to amend Land Use Map, Case No. LU 16-02 Mr.Leeseberg presented the staff report. Staff recommends approval of the Land Use Amendment as proposed. Chair Johnson opened the public hearing. There being no public comment,Chair Johnson closed the public hearing. Planning Commission Minutes Page 9 November 22,2016 Motion by Commissioner Konietzko and seconded by Commissioner Larson-Vito to recommend approval of the land use amendment to amend the Land Use Map as proposed. Motion carried 5-0. 5.8 City of Elk River—Ordinance Amendment • Ordinance Amendment to regulate structures located in the right-of-way, Case No. OA 16-12 Ms. Simon presented the staff report. Staff recommends approval of the Ordinance Amendment as proposed. Chair Johnson asked about the request received earlier in the year that triggered the moratorium passed in March of 2016. Mr. Carlton explained the requests to install telecommunication facilities would be used to collect mobile data to be used in the future for uses such as driverless cars. He further explained how the city can regulate telecommunication facilities by allowing the following two options: 1) allowing wireless telecommunications facilities to locate on existing facilities with complete approval from the Elk River Municipal Utilities Commission;or 2) allow wireless telecommunication facilities to locate underground with one cabinet not to exceed 30 inches in height. Chair Johnson opened the public hearing.There being no one to speak on the matter, Chair Johnson closed the public hearing. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the ordinance amendment to regulate structures located in the right-of-way as proposed in the staff report. Motion carried 5-0. 6. General Business There was no general business to report. 7.1 City Council Liaison Update Councilmember Burandt reviewed the November 7 and 21,2016,City Council actions taken on the planning items from the October 25,2016,Planning Commission meetings. 7. Adjournment There being no further business, the meeting of the Elk River Planning Commission adjourned at 7:49 p.m. Planning Commission Minutes Page 10 November 22,2016 Minutes re aced b ' Johnson. p /or T- er J i Tina Allard zCi Clerk 'c Johnson,Viee-Chair Planning Commission