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04-25-2017 PC MIN ty of Meeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, April 25, 2017 Members Present: Chair Johnson, Commissioners Mark Konietzko,Jill Larson-Vito, Robert Rydberg,Alexander Feinstein,Mike Nicholas, and Brad Thiel Members Absent: None Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg,Planner BrieAnna Simon,Administrative Assistant/Recording Secretary Debbie Huebner Also Present: Councilmember Jennifer Wagner,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 April 25, 2017, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the April 25,2017, Planning Commission agenda. Motion carried 7-0. 4.1 Consider Minutes Moved by Commissioner Feinstein seconded by Commissioner Thiel to approve the March 28,2017, Regular Planning Commission Minutes. Motion carried 7-0. 5.I Beaudry Oil/Truck Shop — 620 & 634 Quinn Ave. and 623 & 633 Proctor Ave. A. Zone Change from C4 Community Commercial to 12 Medium Industrial, Case No. ZC I7-03 B. Preliminary Plat review of New Resources Addition, Case No. P 17-03 C. Conditional Use Permit to establish a truck storage, maintenance, and repair facility, Case No. CU 17-08 The staff report was presented by Chris Leeseberg. Staff recommended approval of the three requests with the conditions listed in the staff report. Planning Commission Minutes Page 2 April 25,2017 Commissioner Thiel asked if the access near the cement plant would remain open. Mr. Leeseberg stated yes. Chair Johnson opened the public hearing. There being no public comment,Chair Johnson closed the public hearing. Commissioner Konietzko asked if staff had received any feedback from anyone else. Mr. Leeseberg stated no. Zack Carlton stated that he met with the two property owners to the north and they had no significant concerns. Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to recommend approval of the request by Beaudry Oil/Truck Shop for a Zone Change C4 to 12. Motion carried 7-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the preliminary plat of New Resources Addition,based on the findings listed in the staff report. Motion carried 7-0. Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to recommend approval of the request for a Conditional Use Permit with the following conditions: 1. The authorized Conditional Use Permit will not be recorded until the associated ---� Zone Change and Plat have been recorded. 2. Building permits for the described work will not be issued until the Conditional Use Permit is recorded. 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. 6. Curbs at abandoned driveways on Proctor Road shall be replaced with concrete barrier style curbing. 7. The site will need to comply with Chapter 57 of the MN State Fire Code. 8. If outdoor storage is desired, an amendment to the Conditional Use Permit will be required. 9. 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 7-0. 5.2 MJ Micek Transport— 522 Dodge Avenue NW • Conditional Use Permit for Vehicle Sales, Case No. CU 17-10 Planning Commission Minutes Page 3 April 25,2017 The staff report was presented by Chris Leeseberg. Staff recommended approval with the 8 conditions listed in the staff report. Chair Johnson opened the public hearing. Gary Santwire, Equity Management, Inc.,adjacent property owner—stated he had no objection to the proposed business, but questioned if vehicles would only be parked on hard surfaces. He stated that the lot is approximately 3/4 grass. Justin Micek, applicant, 12846 206th Avenue NW—stated that no vehicles would be parked on the grass. He stated that there would likely only be a small number of vehicles parked on the pavement. He stated he is not opening a large dealership and that his business consists of smaller tow vehicles that drivers take all over the country. 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 MJ Micek for a Conditional Use Permit with the following conditions: 1. The authorized use shall not begin until all conditions have been completed and the Conditional Use Permit is recorded. 2. The city's Building Official and Fire Marshal shall inspect the building for � p � compliance with all state and local building codes. 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. 6. The number of dealers shall be limited to one (1). 7. No more than 5 vehicles may be displayed "for sale" on the subject property. 8. Auto repairs shall not be allowed. Motion carried 7-0. 5.3 Satellite Shelters—Ordinance Amendment • Ordinance Amendment to allow outdoor storage as a principal use, Case No. OA 17-06 The staff report was presented by Zack Carlton. Chair Johnson opened the public hearing. Planning Commission Minutes Page 4 April 25,2017 Steve Danielson of Satellite Shelters, applicant—asked that the recommended 150-foot setback be reduced to 50—75 feet. He stated he did not feel the 150 feet was necessary, since there could be fencing and landscaped berm with evergreens as screening. Chair Johnson asked how the 150 foot setback was determined. Mr. Carlton stated the number was based on staffs measurements and visual observations. There being no further public comment,Chair Johnson closed the public hearing. Commissioner Rydberg asked for clarification on the screening being proposed. Mr. Carlton explained where the fencing,berm and plantings would be placed. Commissioner Konietzko asked if staff had discussed these recommendations with the applicant. Mr. Carlton stated no,but that he did speak with the applicant and he stated that they would be asking for a reduction in the setback. Commissioner Thiel stated he felt the increased setback would establish a good precedent and help to clean up the area along Highway 10. Councilmember Wagner asked what the height of the trailers would be. Mr. Danielson stated that they are the height of a mobile office,which is just under 12 feet. He noted that their business is mostly phone and Internet-driven. Mr. Danielson stated he did not have a --� problem with the screening. Councilmember Wagner stated that the Council's biggest concern, during the work session, is the aesthetics piece. She stated they would like to do business with the applicant but still help beautify the city. Chair Johnson asked Councilmember Wagner if the Council was comfortable with the increased setback. Councilmember Wagner stated that the Council did not discuss a specific 150' setback,but just asked staff to work on a solution. Chair Johnson stated he was not comfortable with anything less than a 150' setback. Mr. Carlton stated that the Planning Commission could make a different recommendation if they chose to. Commissioner Thiel stated he would not support a lesser setback. Commissioner Larson-Vito stated that the proposed setback would make 10—15% of the applicant's property unusable. She stated that if the outdoor storage were not the primary use, they would only need to meet the existing setbacks for this zoning district. She indicated there may be another way to achieve the desired outcome. Chair Johnson stated that the zoning of the property has predetermined setbacks. He stated the applicant is asking for something outside of the allowed uses and they need to determine if it is a good use. He did not want to "shoe horn"in something that did not fit. Planning Commission Minutes Page 5 April 25,2017 Mr. Carlton noted that the current zoning only allows 50% of the area to be used for outdoor storage and the setbacks are based on the current outdoor storage ordinance follow the front yard setback. Discussion followed regarding an appropriate setback for this type of use. Commissioner Larson-Vito stated she felt it was worth exploring reducing the setback to 75' — 100'with some type of screening. Commissioner Rydberg stated that as a resident he would be less favorable to a berm and inclined to support more foliage (landscaping). He stated that if they were able to mitigate their concerns,maybe a lesser setback could be looked at. The Commissioners also discussed possible impacts on other properties in this same zoning district. Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas to table this item to the May 23, 2017,meeting, in order to have additional time to research possible impacts of the proposed amendment on other property zoned I-3. Motion carried 7-0. 5.4 Paxmar, LLC — Miske Meadows Preliminary Plat • Modification to Preliminary Plat, Case No. P 17-05 Mr. Carlton explained that modifications to the approved stormwater plans and lot configurations,as well as four new lots are being proposed for the Miske Meadows preliminary plat. Staff recommended that the public hearing be opened and continued to the May 23, 2017,Planning Commission meeting, so that the Commissioners may review the proposed changes and impacts to the stormwater plans on lot size and dimensions. Chair Johnson opened the public hearing. Howard Johnson, 1914 Lincoln Street NW—asked if the city has had any discussions with the County regarding safety on Twin Lakes Road. He also asked if there would be additional police presence out there to address traffic issues. Mr. Carlton stated he was not aware of any discussions with the County at this time. Mr.Johnson asked that the Commission keep the safety of the residents at the forefront of their decisions. Motion by Commissioner Rydberg and seconded by Commissioner Nicholas to continue the public hearing regarding the Paxmar request for an update to the preliminary plat of Miske Meadows. Motion carried 7-0. 5.5 City of Elk River— Ordinance Amendment • Ordinance Amendment to expand opportunities for the keeping of chickens in residential areas, Case No. OA I7-03 Planning Commission Minutes Page 6 April 25,2017 The staff report was presented by BrieAnna Simon. She reviewed the revisions made to the ordinance amendment since the last meeting. The Commissioners discussed the revised ordinance amendment. Chair Johnson opened the public hearing. Jake Gunner, 22840 Meadowvale Road—asked if ducks were also allowed. Mr. Carlton stated ducks would not be permitted per the ordinance today.An amendment would need to be made to allow ducks. There being no further public comment, Chair Johnson closed the public hearing. Commissioner Thiel stated he felt this ordinance takes away some of his concerns. Councilmember Wagner stated that she will continue to think about the issue of chickens on the 1 acre to 2 1/2 acre lots. Mr. Carlton stated that staff feels they need to consider the point at which neighbors be impacted. He stated that their intent is not to tell people what they can and cannot do,but to protect residents from the impacts of uses such as this. --...\, Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the proposed ordinance amendment regarding the keeping of chickens. Motion carried 7-0. 6.1 City Council Liaison Update Councilmember Wagner stated there were no updates and that she would take the Planning Commissioners'input to the City Council for the planning items reviewed tonight. Mr. Carlton noted that Chair Johnson is scheduled to attend the April 17 City Council meeting as the Planning Commission representative. 7. Adjournment The mee:I • adjourned at 7:40 p.m. Tina Allard Ci. lerk — ..i ,Th ri • nson, Chair lanning Commission