06-27-2017 PC MIN ilk ,` Meeting of the Elk River Planning Commission
River Held at the Elk River City Hall
Tuesday,June 27, 2017
Members Present: Acting Chair Jill Larson-Vito, Commissioners Mark Konietzko,Robert
Rydberg,Alexander Feinstein, Mike Nicholas, and Brad Thiel
Members Absent: Chair Eric Johnson
Staff Present: Planning Manager Zack Carlton,Planner BrieAnna Simon and
Environmental Coordinator Amanda Bednar
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 7:02 p.m. by Acting Chair Larson-Vito.
2. Consider June 27, 2017, Planning Commission Agenda
Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve
the May 23, 2017, Planning Commission agenda. Motion carried 6-0.
3.1 Consider May 23, 2017, Regular Meeting Minutes
Moved by Commissioner Feinstein seconded by Commissioner Thiel to approve the
May 23,2017, Regular Planning Commission Minutes. Motion carried 6-0.
4.1 Granite Shores—633 Main Street
■ Conditional Use Permit for signage— Case No. CU 17-13
Planning Manager Zack Carlton presented the staff report. Staff recommended approval of
the request with the 8 conditions listed in the staff report.
Commissioner Konietzko asked how the 5-minute display time requirement was established.
Mr. Carlton stated that the Heritage Preservation Commission did support fast-
changing/fast-scrolling or flashing"Vegas" type signage. Staff felt the 5-minute requirement
would be appropriate to mitigate the Heritage Preservation Commission's concerns,while
still permitting the sign. Commissioner Konietzko asked if other cities have this
requirement. Mr. Carlton stated that when staff wrote the digital changeable copy sign
ordinance, staff based it on what many other cities had (the 8 seconds standard). He stated
that the 5-minute requirement is based on the unique environment in the Downtown
• District, as compared with the C3 or II type districts.
Planning Commission Minutes Page 2
June 27,2017
Commissioner Thiel asked if public safety weighed in on this issue and wondered if safety
was a concern. Mr. Carlton stated that the Heritage Preservation Commission (HPC) did
mention safety and the proximity to Highway 10 and specifically, this intersection,in their
recommendations.
Commissioner Konietzko stated that he recalled a CUP was previously approved for this
site. Mr. Carlton stated that the approval was an ordinance amendment to allow a free-
standing sign in the downtown district, not a digital copy sign. Commissioner Konietzko
asked if they could apply for a free-standing sign, as well,in this location. Mr. Carlton stated
yes.
Acting Chair Larson-Vito asked if the CUP was for the size of the sign,not the digital
changeable copy sign. Mr. Carlton stated yes,The CUP is necessary because they are asking
for a digital changeable copy sign over 30 square feet in size.
Acting Chair Larson-Vito asked if the ordinance amendment includes the 5-minute
requirement. Mr. Carlton stated no, the requirement is not included in the ordinance
amendment which is to allow signs above the string course. He noted that all other
requirements remain consistent with the ordinance. Other signs proposed in the Downtown
District would be looked at according to their location and impacts.
Acting Chair Larson-Vito opened the public hearing.
Annie Deckert,Decklan Group, 13467 212th Avenue NW,representing the applicant— 4111
reviewed the history of sign requests by Granite Shores. She stated that the applicant is
asking that Condition #8 be removed. She stated that in her research, she has not found
anything to support such a long display time.
Commissioner Rydberg stated he concurs with the applicant in their request for the 8-
second time limit. He stated that the sign becomes an expensive picture frame if condition
is approved. He stated that the Spike digital changeable copy sign did not have this
restriction.
Commissioner Thiel asked what the size of the Spikes sign was. Mr. Carlton stated he
believed it was 60 square feet.
Commissioner Nicholas stated that the HPC's intent was not to have a flashing sign within
the downtown, such as on the Sunshine Depot building. He felt the sign location proposed
may actually bring people into the downtown.
Councilmember Wagner stated that she would not support the recommendation with
Conditional#8.
Acting Chair Larson-Vito concurred that she felt Condition #8 should be removed.
There being no further public comment,Acting Chair Larson-Vito closed the public hearing. •
Planning Commission Minutes Page 3
June 27,2017
Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to
recommend approval of the request by Granite Shores for a Conditional Use Permit
for a digital changeable copy sign,with the following conditions:
1. The authorized use shall not begin until the CUP is recorded.
2. If the proposed work described in the application and CUP has not been
substantially completed within two years after the CUP's date of issuance, the
permit shall expire and become void.
3. If the authorized use ceases for more than six months, the CUP shall expire.
4. The applicant must apply for and receive approval for all required permits
before any construction may begin.
5. The changeable copy sign shall not exceed 80 square feet in size.
6. The signs shall be compliant with the standards set forth in Sec. 30-864 (e).
7. Advertising messages shall only relate to business conducted on the property
(633 Main Street) and nonprofit or charitable organizations as defined by
Internal Revenue Code section 501(C)(3).
Motion carried 5-1. Commissioner Thiel opposed.
4.2 Tiffany Smith — 19685 Carson Circle
■ Conditional Use Permit for Home Occupation (hair salon) —Case No. CU 17-16
The staff report was presented by BrieAnna Simon. Staff recommended approval of the
• request with the 6 conditions in the staff memo.
Acting Chair Larson-Vito opened the public hearing.
Tiffany Smith, applicant—stated she was present to answer questions.
There being no public comment,Acting Chair Larson-Vito closed the public hearing.
Commissioner Rydberg asked if ADA requirements apply for this type of business.
Acting Chair Larson-Vito stated that ADA requirements are enforced by the Justice
Department,not by local city staff.
Mr. Carlton stated the Building Department did not raise any concerns. He stated staff will
check with them before the July City Council meeting.
Acting Chair Larson-Vito asked if there any concerns expressed by the neighbors. Staff
stated there have been no comments received.
Motion by Commissioner Thiel and seconded by Commissioner Nicholas to
recommend approval of the request by Tiffany Smith for a Conditional Use Permit
for a Home Occupation,with the following conditions:
1. 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
June 27,2017
2. If the authorized use ceases for more than six months, the Conditional UseIII
Permit shall expire.
3. The applicant must apply for and receive approval for all required permits
before any construction may begin.
4. No more than two salon client vehicles may be parked on the driveway.
5. Salon client parking shall be prohibited on Carson Circle.
6. Exterior signage shall not exceed two (2) square feet.
Motion carried 6-0.
4.3 Tiller Corp.— 12460 Ranch Road
■ Conditional Use Permit to amend existing CUP hours of operation, Case No. CU
I7-I4
The staff report was presented by Environmental Coordinator Amanda Bednar. Staff
recommended approval of the CUP with the 10 conditions listed in the staff report.
Acting Chair Larson-Vito opened the public hearing.
Kristina Morrison,representative for the applicant- stated that this request is a reflection of
how they have been operating over the past couple of years. The request is just to extend the
hauling hours by one hour to 6 a.m.
There being no further public comment,Acting Chair Larson-Vito closed the public hearing.
SO
Motion by Commissioner Nicholas and seconded by Commissioner Thiel to
recommend approval of the request by Tiller Corporation for a Conditional Use
Permit to amend their existing CUP hours of operation,with the following
conditions:
1. If the proposed site improvements described in the application and
Conditional Use Permit have not been substantially completed within two
years of the Conditional Use Permits date of approval, the permit shall expire
and become void.
2. The Conditional Use Permit shall expire if the authorized use ceases for more
than six months. Failure to obtain an annual license will be evidence of
cessation of use.
3. The applicant must apply for and receive approval of all required permits
before any construction may begin.
4. A mineral extraction license shall be obtained annually.
5. The need of buffering and/or screening in light of surrounding land uses
shall be evaluated at the time of annual license renewal and shall be installed
when directed by the City to protect surrounding land uses.
6. All activities on the site shall be conducted in a manner that is consistent with
operating permits issued by the City, county, state, federal and other
agencies.A copy of any and all permits related to the operation of the site
shall be submitted to the City for their reference.
7. Hours of operation are 4:00 a.m. until 10:00 p.m. Monday through Friday andID
7:00 a.m. to 7:00 p.m. on Saturday.
Planning Commission Minutes Page 5
June 27,2017
8. Trucking and hauling shall be allowed between the hours of 6:00 a.m. and
7:00 p.m. Monday-Saturday.
9. A reclamation plan that reflects the 63 acre operation including final grades,
proposed topography, and a vegetation establishment plan, shall be approved
by city staff. This must be received by August 31,2017, and will be added to
the approved plans for this site.
10. All conditions from the previous Conditional Use Permit(CU 07-08)
Recording Number 668970 approved on May 10,2008 need to be met.
Motion carried 6-0.
4.4 Chelsie/Chad Anderson — Dolphin Car Wash — 516 Freeport Avenue
■ Conditional Use Permit for car wash — 516 Freeport Avenue
The staff report was presented by BrieAnna Simon. Staff recommended approval of the
request with the 9 conditions listed in the staff report.
Acting Chair Larson-Vito opened the public hearing.
Chad Anderson, applicant—stated he was present to answer any questions. He stated he did
not have any issues with any of the conditions.
There being no public comment,Acting Chair Larson-Vito closed the public hearing.
MotionCommissioner by Co ss><one Thiel and seconded by Commissioner Rydberg to recommend
approval of the request by Chelsie and Chad Anderson for a Conditional Use Permit to
operate a car wash (Dolphin Car Wash), 516 Freeport Avenue NW,with the following
conditions:
1. The authorized Conditional Use Permit shall be recorded.
2. 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. No more than six vacuum stalls shall be allowed.
8. Two parking stalls shall be striped for employee parking and signed"employee
parking".
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 6-0.
Planning Commission Minutes Page 6
June 27,2017
4.5 Michael Swanson — 21310 Brook Road110
■ Conditional Use Permit for horses — Case No. CU 17-09
The staff report was presented by BrieAnna Simon. Staff recommended approval of the
request with the 11 conditions listed in the staff report.
Acting Chair Larson-Vito opened the public hearing.
Michael Swanson, applicant—Stated that his wife trains American Saddlebred show horses.
He explained that their horses are not pastured or free-roaming;they are stalled in the barn.
The horses will be in the barn or arena 100 percent of the time. That is why they are asking
for the 22 horses. He stated that the manure hauled away weekly.
There being no other comments,Acting Chair Larson-Vito closed the public hearing.
Commissioner Rydberg stated that there does not appear to be any issues and he would
support a variance. Acting Chair Larson-Vito noted that the fact that the horses are kept
indoors could be included in their findings for a variance.
Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to
recommend approval the request by Michael Swanson for a Conditional Use Permit
to allow an increase in the number of horses permitted on a residential property,with
the following conditions:
1. The authorized use shall not begin until the CUP is recorded.
2. If the proposed work described in the application and CUP has not been
substantially completed within two years of the permit's date of approval, the
permit shall expire and become void.
3. The CUP shall expire if the authorized use ceases for more than six months.
4. The applicant must apply for and receive approval of all required permits
before any construction may begin.
5. No more than 18 animal units shall be allowed on the property, unless
otherwise approved by the Board of Adjustments for a variance prior to
January 2018. The variance shall be recorded as an attached to the CUP.
6. A Manure Management Plan shall be submitted and approved by both staff
and the Sherburne County Soil and Water Conservation District.
7. The Manure Management Plan shall be followed as directed and approved by
both staff and the Sherburne County Soil and Water Conservation District.
8. For the CUP to remain active, a valid Manure Management Plan must be
approved by the Sherburne County Soil and Water Conservation District and
filed with the City of Elk River for all future homeowners.
9. Any changes to the Manure Management Plan must be approved by the
Sherburne County Soil and Water Conservation District and filed with the City
of Elk River.
10. If manure is used as fertilizer,it shall be turned under immediately, or as soon
as the frost leaves the ground. Application of manure should be conducted in
such a manner so as not to permit runoff toward surface waters.
Planning Commission Minutes Page 7
June 27,2017
11. If the city finds that the manure and other waste materials create a nuisance
by attracting flies, other insects, rodents, or by creating offensive odors, the
city may order the manure and other waste materials be removed on a more
frequent schedule.
Motion carried 6-0.
Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to
recommend approval of the request by Michael Swanson for a Conditional Use
Permit to allow a Home Occupation for boarding and training horses,with the
following conditions:
1. The city's Building Official and Fire Marshal shall inspect the building 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.
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. to10:00 p.m.
7. If the city finds that the manure and other waste materials create a nuisance
by attracting flies, other insects,rodents, or by creating offensive odors, the
city may order the manure and other waste materials be removed on a more
frequent schedule.
8. There shall be no animals permitted outside of the fenced pasture area.
9. All customer vehicles must be parked on site on an approved surface.
10. The applicant must apply for and receive approval for all required permits
before any construction may begin.
Motion carried 6-0.
4.6 Phoenix Enterprises, LLC — Outlots A & C, Eagles Marsh Second Addition —
■ Preliminary Plat approval for Eagles Marsh Third Addition — Case No. P 17-08
The staff report was presented by Zack Carlton. Staff recommended approval of the request
with the 7 conditions listed in the staff report.
Acting Chair Larson-Vito opened the public hearing.
Charlie Christopherson,representing the applicant—stated he was present to answer
questions.
Dave Peterson, 17866 Johnson Street NW—asked for clarification on where the homes
would be located, and the location of easements. Mr. Carlton provided this information.
Mr. Peterson stated that after living in this area for 9 years, he will move if the development
goes in.
Planning Commission Minutes Page 8
June 27,2017
110
Commissioner Feinstein asked if the applicant had any concerns with the conditions. Mr.
Christopherson stated no.
There being no further public comment,Acting Chair Larson-Vito closed the public hearing.
Motion by Commissioner Konietzko and seconded by Commissioner Thiel to
recommend approval of the request by Phoenix Enterprises, LLC to subdivision
Outlots A and C, Eagles Marsh Second Addition,with the following conditions:
1. Update final plans to include current engineering details and setbacks.
2. The existing home on what is proposed to be lot 4, block 2 must connect to
public sewer and water when utilities are made available.
3. Detail the development and grading plans must to ensure all properties drain
to the public right-of-way through drainage and utility easements.
4. Submit a copy of the wetland delineation completed in 2013 to verify
compliance with the setbacks required within city code.
5. Sign the 25 foot wetland buffer area on all impacted parcels.
6. The developer shall be responsible for marking park boundaries with the
city's park boundary signs.
7. All homes are required to have two trees in the front yard per ordinance.
All mailboxes shall be clustered.
Motion carried 6-0.
4.7 Roger Derrick— Portions of the Pines Town Office Park and the Pines Town
Office Park Third Addition
• Rezone from BP Business Park to PUD Planned Unit Development, Case No. ZC
17-05
• Conditional Use Permit for residential Planned Unit Development (26 single-family
lots), Case No. CU 17-17
• Preliminary Plat approval for The Pines at Elk River PUD, Case No. P 17-09
The staff report was presented by Zack Carlton. Staff recommended approval of the three
requests with the conditions listed in the staff report.
Acting Chair Larson-Vito asked if the roads support the proposed 26 units, since it is pretty
busy there now. Mr. Carlton stated that the city is looking at changes in this area and
explained the proposed changes. He noted that the city engineer is comfortable with the
traffic that will be coming out onto Line Avenue.
Councilmember Wagner stated that the point of the cul-de-sac was to reduce the traffic onto
Line Avenue and now we would be putting more traffic in this area. Mr. Carlton stated that
the estimated number of trips per day that would be generated by this development would
be 100,and the number of trips currently recorded is in the thousands. So, he felt there
would be a significant reduction in the number of trips with the cul-de-sac even though this
development would cause slight increase. Councilmember Wagner asked why staff is not
1111
asking for a connection to Twin Lakes Road. Mr. Carlton stated the applicant does not own
Planning Commission Minutes Page 9
June 27,2017
the parcels necessary to make the connection. Councilmember Wagner asked if the property
owners had been contacted. Mr. Carlton stated staff has received no direction to do so. He
stated that if that is the desire of the Council, the option could be explored.
Acting Chair Larson-Vito opened the public hearing.
Roger Derrick, applicant, 11954 Germaine Terrace, Eden Prairie—stated that they have
reduced the number of lots in order to save a lot of trees. He explained that grading will
only be done in the orange area shown on the plat. He stated that they are holding off on
the final plat to see if they can save even more trees.
Councilmember Wagner stated that she was contacted by a local resident regarding what was
going on. She stated that she will respond to her and let her know that they are trying to
save as many trees as possible.
Mr. Derrick noted that the typical buyers for these units are retired and will create less
traffic.
Dave Voss, 26267 9th Street NW, Zimmerman—stated that he owns the adjacent property
on County Road 12. He expressed his concerns regarding possible flooding of his property
and impacts on adjacent businesses having the business park rezoned back to residential.
• Mr. Carlton noted that the applicant will be required to meet the storm water requirements
and not have any more water flowing off the property than there is currently.
Acting Chair Larson-Vito stated that she did see there would be a traffic issue.
Commissioner Nicholas stated that he felt the proposed cul-de-sac will help with the traffic
issue. Mr. Carlton stated he did not receive any concern from the neighboring businesses.
Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to
recommend approval of the zone change request by Roger Derrick to rezone
portions of the Pines Town Office Park and the Pines Town Office Park Third
Addition from Business Park to Planned Unit Development,with the following
conditions:
1. A PUD agreement must be approved by the City Council prior to recording
the Zone Change.
Motion carried 6-0.
Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to
recommend approval of the Conditional Use Permit establishing a residential
Planned Unit Development,with the following conditions:
1. A PUD Agreement shall be developed and signed by both parties prior to
issuance of a building permit.
2. Landscape plan must follow all standards described in Sec. 30-994 (h)
• 3. Continue to work with the city to ensure compliance with fire lane access
requirements.
Planning Commission Minutes Page 10
June 27,2017
4. Update utility and grading plans to include grading elevations, emergency
4111
over flows, and additional storm sewer at the existing curb line of 183rd Circle
and the private street entrances.
5. Update final plans with current Engineering details and standards.
6. Submittal of building plans to verify a garage size of at least 584 square feet or
through a combination of garage and storage areas.
7. Approval of a parking diagram illustrating a minimum of 1 off-street (Public
ROW) parking space per two units.
8. A homeowners association must be established, subject to review and
approval of the city attorney, and shall be responsible for all exterior building
maintenance, landscaping, snow clearing, and regular maintenance of private
drives and driveways.
9. Submit elevations of townhome exteriors which demonstrate variation in
building materials. Twenty-five percent of the front building facade shall have
an exterior finish of brick, stucco, or natural/artificial stone.
10. All mailboxes shall be clustered.
Motion carried 6-0.
Motion by Commissioner Nicholas and seconded by Commissioner Thiel to
recommend approval of the Preliminary Plat for The Pines at Elk River. Motion
carried 6-0.
5.1 Consider Redevelopment Plan for consistency with Comprehensive Plan — 11111
HRA Proposed Tax Increment Financing Project
Zack Carlton explained the proposed project.
Acting Chair Larson-Vito asked if the neighboring residential properties will be impacted.
Mr. Carlton stated yes,when the property develops. He noted that any redevelopment will
bring tax dollars back to this area.
Motion by Commissioner Konietzko and seconded by Commissioner Thiel to
approve Resolution No. 17-01, finding the proposed Tax Increment Financing
Project#24 is consistent with the Comprehensive Plan. Motion carried 6-0.
6.1 City Council Liaison Update
An update was provided by Councilrnember Wagner.
7. Adjournment
There being nothing further,Acting Chair Larson-Vito adjourned the meeting at 8:07 p.m.
Minutes prepared by Debbie Huebner.
r
Planning Commission Minutes Page 11
June 27,2017
0 `'"
Tina Allar.
City Clerk
!,__,J1 L f, CUc.44�;
Jiiiii.arson-Vito,Vice Chair
Planning Commission
•
0