Loading...
08-22-2017 PC MIN ity of lkMeeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, August 22, 2017 Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito,Mark Konietzko,Mike Nicholas,Robert Rydberg,Alexander Feinstein and Brad Thiel Members Absent: None Staff Present: Senior Planner Chris Leeseberg,Planner BrieAnna Simon, Sr. Administrative Assistant/Recording Secretary Debbie Huebner Also Present: Councilmember Jennifer Wagner,Council liaison 1. Call Meeting to Order Pursuant to due call and notice thereof,the meeting of the Elk River Planning Commission was called to order at 6:39 p.m. by Chair Johnson. 2. Consider August 22, 2017, Planning Commission Agenda • Moved by Commissioner Nicholas and seconded by Commissioner Feinstein to approve the August 22,2017, Planning Commission agenda. Motion carried 7-0. 3.1 June 27, 2017 Planning Commission Minutes Moved by Commissioner Konietzko and seconded by Commissioner Theil to approve the June 27,2017, Planning Commission minutes with the correction noted by Commissioner Thiel to Item 4.4,page 5. Motion carried 7-0. 3.2 July 25, 2017 Planning Commission Minutes Moved by Commissioner Konietzko and seconded by Commissioner Feinstein to approve the July 25,2017, Planning Commission minutes. Motion carried 7-0. 4.1 Doug Warneke— 8th and Irving Avenue ■ Preliminary Plat of DHJ Addition, Case No. P 17-13 The staff report was presented by Chris Leeseberg. Staff recommended approval of the request as presented. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson • closed the public hearing. Planning Commission Minutes Page 2 August 22,2017 Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas to 110 recommend approval of the request by Doug Wameke for Preliminary Plat of DHJ Addition. Motion carried 7-0. 4.2 CM Points Holding— Outlot A, Hillside Estates Tenth Addition ■ Preliminary Plat of Hillside Estates Eleventh Addition, Case No. P 17-15 The staff report was presented by Chris Leeseberg. Staff recommended approval of the preliminary plat as stated in staff report. Mr. Leeseberg noted that a neighborhood resident stopped by to express his concerns regarding traffic and asking about development of a park. Chair Johnson read a letter from Jacob Folkeringa, 19450 Baldwin Street NW, stating his concerns regarding preserving trees. Chair Johnson opened the public hearing. Jacob Peterson, 19468 Dodge Street NW—expressed his concerns about the added traffic generated by the proposed gas station. He asked if staff is aware of any plans to address the traffic issues at Evans and 193rd. Mr. Leeseberg stated that this area was studied prior to development,but he was not aware of any new traffic controls. He stated he is aware there have been issues with this intersection due to the 3-way stop and free flow of east-bound traffic on 193rd Avenue. Commissioner Konietzko stated he would like to see the traffic patterns looked at where • 193rd and Evans intersect. Chair Johnson concurred, stating he used to live in this area. Commissioner Thiel questioned if there were other options to improve the situation. Commissioner Larson-Vito asked if city staff could look at this. Mr.Leeseberg stated that he would ask City Engineer Justin Femrite to look at traffic at this intersection in relation to the proposed new use at Coborns. There being no further public comment, Chair Johnson closed the public hearing. Commissioner Larson-Vito asked if there is a tree preservation ordinance. Mr. Leeseberg explained that a Natural Resources Inventory was done a number of years ago,but the City Council at that time, chose not to proceed with a tree preservation ordinance. Motion by Commissioner Konietzko and seconded by Commissioner Thiel to recommend approval of the request by CM Points Holding. Motion carried 7-0. 4.3 Swan Companies/Coborns— 19425 Evans Street NW • Conditional Use Permit for Gas Station Canopy Expansion, Case No. CU 17-18 The staff report was presented by BrieAnna Simon. Staff recommended approval Chair Johnson opened the public hearing. • Planning Commission Minutes Page 3 August 22,2017 • Marianne Benson, 19383 Dodge Street NW—expressed her concerns regarding impacts of the proposed development on the safety, traffic and environment of the neighborhood. Jacob Peterson, 19468 Dodge Street NW—stated the traffic issues on Dodge need to be addressed before a gas station is added. There being no public comment, Chair Johnson closed the public hearing. Discussion followed regarding traffic issues on Dodge Street, 193`d Avenue and Evans. Commissioner Rydberg stated that it has been years since the traffic has been looked at in this area and now might be a good time to do so. Motion by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the request by Swan Companies/Coborns for a Conditional Use Permit for a gas station canopy expansion, 19425 Evans Street 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. All comments provided in the August 15,2017 comment letter shall be addressed. 8. All design standards of the Mississippi Ridge Planned Unit Development shall be met and approved by city staff. 9. All design standards of the Wild and Scenic River District shall be met and approved by the Environmental Coordinator. 10. Hours of operation will be limited to 5:00 a.m. —12:00 a.m. 11. The access on 171st Avenue shall be shifted west and approved by the City Engineer. 12. The dumpster enclosure shall be constructed with the same material as the principal building. 13. The maximum height for a monument sign shall be 10 feet and the maximum sign area shall be 100 square feet. The monument sign shall be constructed of brick or face brick the proposed sign meets this standard. 14. The convenient store and canopy are allowed two wall signs not to exceed seven percent (7%) of the building wall. 15. All site lighting shall be with a cut off classification. 16. A letter of credit in the amount of 100% of the cost of the landscaping shall be submitted at the time of building permit. 17. Awning and canopy signs shall not be illuminated. Planning Commission Minutes Page 4 August 22,2017 41111 Motion carried 7-0. 4.4 Casey's Retail Company— 171 19 Yale Street NW ■ Conditional Use Permit for gas station/convenience store (Casey's General Store), Case No. CU 17-2I The staff report was presented by BrieAnna Simon. Staff recommended approval of the request with the 17 conditions listed in the staff report. Commissioner Thiel asked if the property was in the Wild&Scenic Shoreland District. Ms. Simon stated yes,but due to the bluff the site is not visible from the river, so the DNR had no concerns. Chair Johnson opened the public hearing. Brent Richter, 17107 Yale Street NW—stated he was the first president of the Mississippi Ridge Townhome owner's association. He stated his concerns regarding,lighting, noise, traffic and safety. He also discussed issues with semi-trucks stacking up on Yale for the light onto Highway 10 and 1-2 a.m. deliveries at the NAPA store. Mr. Richter stated that Casey's will likely have pizza delivery as well as seating inside, creating even more traffic. Tom Lucas, 17115 Yale Street NW—stated he has a problem with drivers running the stop 4110 sign on Yale Street, trying to make the Highway 10 stoplight. He stated there is no enforcement of the stop sign issue. Ed Retel, 17171 Yale Street NW—stated he is the current president of the homeowner's association. Mr. Retel stated that motorists drive down the center of the road on Yale Street. He explained that with parking allowed on both sides of the street and creates a dangerous situation. He felt the area is more suited to businesses that operate 9—5. He asked that the Commission and staff take a closer look at what this proposed business will do to the traffic and aesthetics. Jared Sergeant,Ankenny,Iowa,representing Casey's—stated that Casey's will not have overnight deliveries. He stated that they will be submitting a lighting plan which includes limited lighting. Commissioner Larson-Vito asked if they will have a sit-down restaurant in the store. Mr. Sergeant stated that they will have 2 -3 booths. He stated they may have pizza delivery. Commissioner Rydberg asked if they will have semi-trucks fueling at this location. Mr. Sergeant stated that they could only accommodate a truck without a trailer,and only on the one end pump. Councilmember Wagner asked how the applicant how overflow parking would be handled. Mr. Sergeant stated that the need for overflow parking would be very limited and could be accommodated on Yale Street. A resident from the audience spoke, stating that she was familiar with the Casey's in Ellendale,Minnesota where it has become a hangout for young people. Mr. Sergeant stated Planning Commission Minutes Page 5 August 22,2017 • that there are a number of differences in the Ellendale location and the proposed Elk River location,in that the Ellendale store is a truck stop and located on the interstate. Bob Rudy, 17187 Yale Street—stated that he felt the proposed Casey's did not fit the neighborhood ambience, since Yale is a residential street. He felt small offices were a more appropriate use. He stated that the NAPA store traffic is limited, since they mostly do parts delivery and there is little walk-in retail traffic. He urged the Planning Commission not to approve the application, stating that Casey's should find another spot in Elk River to locate a store. Commissioner Rydberg stated that he had concerns with the ingress and egress and felt that it was a compact site. He stated that he could see cars making u-turns to get back to the stoplight. He questioned what MnDOT's comments were on the project. Ms. Simon stated that staff is waiting for comments from MnDOT and the 30-day window for comment is still open. Commissioner Larson-Vito stated she was unsure if this use was a good fit,but that the fact that there was a gas station in the area was not a good reason to deny the application. There being no additional public comment,Chair Johnson closed the public hearing. Motion by Commissioner Larson-Vito and seconded by Commissioner Konietzko to recommend denial of the request by Casey's Retail Company for a Conditional Use Permit for a gas station/convenience store based on the fact that the request does not meet No. 1 of the criteria for granting a Conditional Use Permit, as follow: 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. Motion carried 6-1. Chair Johnson opposed. 4.5 Satellite Shelters— Outlot D, Cascade Industrial Park • Ordinance Amendment to allow outdoor storage as principal use in 1-3 General Industrial Zoning District, Case No. OA 17-10 • Conditional Use Permit for outdoor storage of office trailers, Case No. CU 17-20 The staff report was presented by Chris Leeseberg. Staff recommended denial of the ordinance amendment based on the findings listed in the staff report. Commissioner Rydberg asked how large of a building the applicant would have to build in order to be considered a principal use. Mr.Leeseberg explained that the use if the building would have to be a permitted use and follow the design standards. 1111 Chair Johnson opened the public hearing. Planning Commission Minutes Page 6 August 22,2017 Steve Danielson,2530 Xenium Lane North,Minneapolis, MN (applicant) —stated that • Satellite Shelters is a veteran family-owned business and discussed their products. He stated they have outgrown their corporate office in Corcoran,Minnesota. He stated there is great access to the freeway and the proposed site is a great spot for their business. Matt Duffy, attorney representing the property owner—stated that the property is unique and he discussed surrounding uses. He noted that the city has an easement to the pond for drainage. Mr. Duffy stated that the site is screened by trees and other industrial uses with outdoor storage. He noted that the property has no access to city services and likely will not for 10—20 years and feels that the use is the best and highest use for the property right now. There being no public comment, Chair Johnson closed the public hearing. Commissioner Konietzko asked if staff looked at rezoning to something else. Mr.Leeseberg stated that outdoor storage as a principal use is not allowed in any of the zoning districts. Commissioner Larson-Vito asked if variance could be granted for the use. Mr.Leeseberg stated that variances cannot be granted for uses. Commissioner Feinstein asked if a unique zoning could be established, such as the XCR (Extreme Commercial Recreation) district. Chair Johnson suggested allowing as an interim use. Mr. Leeseberg explained that the applicant would have to reapply for an interim use, since the request was for a conditional use. • Chair Johnson stated that he was not in favor of the ordinance amendment. Commissioner Thiel concurred, stating that he felt it would be setting a negative precedent. Commissioner Larson-Vito stated that even if the ordinance were approved,applications would be approved on a case-by-case basis. Chair Johnson stated that it would be difficult to say no to an applicant if they met the criteria. Commissioner Larson-Vito disagreed, stating that they have done a good job as a group reviewing applications and saying no when they have to. Commissioner Rydberg stated that the city does not have control over the existing surrounding uses. He stated he was glad to see the applicant looking for a site off of Highway 10. Councilmember Wagner stated that she does not want the applicant to think the city does not want them to come to Elk River and hoped that they would find a better location. She stated that her concern is the proximity to the Highway 10 corridor and the aesthetic consequences that could arise. She stated she was not in favor of the ordinance amendment at this point. Chair Johnson stated that there is also the concern with the aesthetics along the Northstar route. He asked if any of the PUD's allow outdoor storage. Mr. Leeseberg stated no,and he believes the only location with outdoor storage as the principal use is the pipe storage,which is a legal nonconforming use. 111 Planning Commission Minutes Page 7 August 22,2017 • Motion by Commissioner Thiel and seconded by Commissioner Konietzko to recommend denial of the ordinance amendment to allow outdoor storage as a principal use in the I-3 General Industrial zoning district. Motion carried 5-2. Commissioners Larson-Vito and Rydberg opposed. Motion by Commissioner Thiel and seconded by Commissioner Feinstein to recommend denial of the request by Satellite Shelters for a Conditional Use Permit for outdoor storage of office trailers, based on the finding that the ordinance amendment to allow the use was recommended for denial. Motion carried 7-0. 4.6 Regenscheid Homes/Robert Stuttgen — Outlot A, Trace Heights ■ Preliminary Plat of Trace Heights Second Addition, Case No. P 17-14 The staff report was presented by Chris Leeseberg. Staff recommended approval of the preliminary plat as presented. Chair Johnson opened the public hearing. Tom Lane, 11076 205th Avenue NW—stated that they board horses and have kennels for golden retrievers. He stated that he would like the future property owners made aware of this fact up front, so that they are not complaining about the barking animals and smell of 4111 horses. Lisa Boese,20337 Auburn Street NW—stated that they have a Conditional Use Permit for an excavating business and heavy equipment and was concerned that future residents adjacent to their property might have a problem with this. She expressed her concern that the trees be preserved to provide a buffer. Thomas Faue,20092 Zane Street NW—asked for clarification on the accesses to the proposed development. Mr.Leeseberg explained that Zane would be the main access and 202nd would be the secondary access. Mike Leistico,20111 Zane Street NW—stated he was told the county would never allow access off County Road 33. He explained how the entrance to the proposed development would conflict with his driveway. Staff discussed options to remedy the situation. Lynn Lane, 11076 205th Avenue NW—asked what is planned for the gas easement. Mr. Leeseberg stated that no structures are allowed in the easement. Thomas Faue asked what size the homes would be. Mr. Leeseberg stated that the city does not regulate the size of the homes,but reviews plans for code compliance during the building permit process. The exemption to this would be a residential Planned Unit Development (PUD). There being no further public comment,Chair Johnson closed the public hearing. Planning Commission Minutes Page 8 August 22,2017 Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to • recommend approval of the request by Regenscheid Homes/Robert Stuttgen for Preliminary Plat approval of Trace Heights Second Addition. Motion carried 7-0. 4.7 City of Elk River - Ordinance Amendment • Ordinance Amendment relating to fence height, Case No. OA 17-09 The staff report was presented by Chris Leeseberg. Staff recommended approval of the amendment. Commissioner Thiel asked why the ordinance was being proposed. Mr.Leeseberg reviewed the concerns with the current ordinance. Chair Johnson opened the public hearing. There being no public comment, Chair Johnson closed the public hearing. Councilmember Wagner asked if this would impact monument signs. Mr. Leeseberg stated that they would become legal non-conforming signs. Mr. Leeseberg explained what the vision clearance triangle definition currently is. Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to recommend approval of the request by the City of Elk River for an ordinance amendment relating to fence height. Motion carried 7-0. 4.8 Stars Hollow Company/Quintus 3D— Portion of Outlot B, Parkview Addition • Land Use Amendment to change the land use from Open Space to Residential, • Case No. LU 17-01 • Zone Change to rezone from 1-3 General Industrial to A-I Agricultural • Conservation, Case No. ZC 17-06 • Conditional Use Permit for office space as it relates to indoor farming operation, • Case No. CU 17-19 Mr. Leeseberg explained that these items have been withdrawn by the applicant and no action is required by the Planning Commission. 5.1 General Business Commissioner Nicholas asked if there have been discussions regarding a tree preservation ordinance. Mr. Leeseberg stated that a former City Council authorized a Natural Resources Inventory to be completed but was never formally adopted. Commissioner Larson-Vito stated she thought the issue was worth exploring further. 6.1 City Council Liaison Update Councilmember Wagner provided an update on action taken by the City Council on1110 planning items at their July 17 meeting. Planning Commission Minutes Page 9 August 22,2017 7. Adjournment There being nothing further, Chair Johnson adjourned the meeting at 8:41 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk l ric Johnson Planning Commission Chair •