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3.1. DRAFT MINUTES (2 sets) 02-27-2018 Special Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, December 19, 2017 Members Present: Chair Eric Johnson, Commissioners Mike Nichols, Mark Konietzko, Jill Larson-Vito, Robert Rydberg, Alexander Feinstein, and Brad Thiel Members Absent: None Staff Present: Planning Manager Zack Carlton, Planner BrieAnna Simon, Sr. Administrative Assistant/Recording Secretary Jennifer Green 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 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider December 19, 2017, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the December 19, 2017, Planning Commission agenda. Motion carried 5-0. 4.1 Consider November 28, 2017, Planning Commission Minutes Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the November 28, 2017, Planning Commission minutes. Motion carried 5-0. 4.2 Consider November 28, 2017, Board of Adjustments Minutes Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the November 28, 2017, Board of Adjustments minutes. Motion carried 5-0. Planning Commission Page 2 December 19, 2017 ----------------------------- 5.1 Paxmar, LLC  Zone Change for PID 75-136-1200 to Planned Unit Development (PUD), Case No. ZC 17-08  Conditional Use Permit to amend Miske Meadows PUD, Case No. CU 17-35  Preliminary Plat Amendment of Miske Meadows, adding PID 75-136-1200 and Outlot A, River Park, Case NO. P 17-21 Mr. Carlton presented the staff report. He stated staff recommended approval of the zone change, conditional use permit, and preliminary plat amendment as outlined. Chair Johnson opened the public hearing. Randy Barney, 19008 Lincoln St., expressed his concerns with increasing traffic on an already busy Twin Lakes Road/County Road 12 without the infrastructure in place to handle the additional vehicles. He stated exiting Lincoln Street is already a hazard with limited visibility and high traffic counts even before this proposed development is constructed, and is concerned with life safety. He proposed lowering and enforcing a lower speed along Twin Lakes Road, reconstructing the road to assist in increasing visibility, and completing a traffic study to accurately reflect current traffic counts which include school traffic. Mr. Carlton stated Sherburne County is aware of the safety concerns for traffic improvements on this county road and have applied for a number of grants to assist in making improvements to this road, including a roundabout. He outlined current existing alternative routes and future roadways to assist residents in changing traffic patterns and lowering their risk by using alternative routes. He indicated Sherburne County is working on a county-wide transportation plan and improvements on this road will be included in that plan, and suggested residents attend public hearings to discuss traffic concerns. Shawn Chavez, 18835 Cleveland St., stated he agreed with Mr. Barney’s comments and stated the infrastructure as currently constructed isn’t able to handle the increase in traffic in this proposed development. He stated he isn’t opposed to the development but is concerned with the tremendous traffic volume on Cleveland and concerned with traffic speed and visibility. Eric Spanier, 10407 Twin Lakes Pkwy., noted he lives at the end of the cul-de-sac and he expressed his concerns with vehicle speed traveling through the area and his neighborhood. There being no one further to speak, Chair Johnson closed the public hearing. Commissioner Konietzko stated he absolutely agrees with those residents that spoke and agreed the infrastructure isn’t in place, noting the evidence that something isn’t right there is compelling. He stated he may not have control over the road but we do have control over how many homes are proposed in this area. He asked when Cleveland was paved. Planning Commission Page 3 December 19, 2017 ----------------------------- Commissioner Larson-Vito stated the city doesn’t have any control over traffic changes on Twin Lakes Rd. Mr. Carlton stated Cleveland St. and Twin Lakes Rd. are both county roads and Sherburne County is actively reviewing traffic improvements and adding traffic control signals at Twin Lakes Rd. and County Road 12. He explained one of the results of the traffic study was that Cleveland St. be paved to accommodate the increase in development during the early 2000s. Chair Johnson stated the commission has already approved the development but the request before them this evening is modifying the number of buildable lots to 285. Commissioner Rydberg asked if the city could make changes to Mr. Spanier’s road in an effort to control traffic before the road becomes a through street and becomes even worse by perhaps by using a round-about. Mr. Carlton stated the road in question has always been a proposed connecting through-street and while roundabouts can reduce the severity of accidents, a roundabout is typically placed at an intersection. He stated other traffic calming devices could be used in this area as recommended by the city engineer and a traffic study can also be conducted. Commissioner Larson-Vito stated she agrees there’s a problem here but ordering another traffic study be completed isn’t the answer if the city engineer indicated on the record that there wasn’t anything wrong with the current traffic study for city roads and the county can only make requested improvements on county roads. Chair Johnson considered adding a recommendation that a traffic study during school session be completed, noting that wouldn’t be a condition that should be added for the applicant to comply with. Commissioner Larson-Vito stated she would also like to recommend a traffic study be done. Councilmember Wagner explained her contact with District 1 County Commissioner Barbara Burandt and her awareness to the traffic problems that exist on Twin Lakes Road. She stated she is personally aware of these concerns as she is a resident of the Trott Brook neighborhood. She stated if the city could make the changes to this area, they would, and the city is very much in the county’s ear requesting traffic control changes. She recognizes the traffic will increase with the addition of this development and will remain challenging until needed changes are made. Commissioner Konietzko stated he was not in favor of approving the development as proposed. Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to approve the zone change for PID 75-136-1200 from R-1c/d to Planning Commission Page 4 December 19, 2017 ----------------------------- Planned Unit Development (PUD) with the recommendation that a traffic study be completed during the school year and with the following condition: 1. A PUD agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 6-1. Commissioner Konietzko opposed. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the update of the Conditional Use Permit to amend the existing Miske Meadows PUD with the following conditions: 1. An update to the PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. Building pads and house types must be updated along Twin Lakes Parkway, Edison Ct. NW, and Ivanhoe Street NW and approved by city staff. 3. Update all plans to reflect the additional 12 lots south of Twin Lakes Road where the park area had been proposed. Motion carried 6-1. Commissioner Konietzko opposed. Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to approve the Preliminary Plat Amendment of Miske Meadows, adding PID 75-136-1200 and Outlot A, River Park, as outlined in the staff report with the following conditions: 1. Updated engineering and utility plans must be approved by city staff. Motion carried 6-1. Commissioner Konietzko opposed. st 5.2 Vanman/LeFebvre Companies – 10895 171 Ave. NW  Conditional Use Permit for building addition, Case No. CU 17-37 Ms. Simon presented the staff report. She stated staff recommended approval of the CUP with the recommendations as outlined in the staff report. Chair Johnson opened the public hearing. Zack Anderson, 4546 Logan Ave. N., Mpls. – was present on behalf of Vanman Architects and noted the landscape plan would be ready before the city council meeting. Commissioner Konietzko asked if he knew what the challenge was with following the landscape plan of planting trees. Mr. Anderson stated he wasn’t involved in this project at that time and didn’t know the answer. Planning Commission Page 5 December 19, 2017 ----------------------------- Chair Johnson asked if the building of the new structure would be done before the IUP expires at the end of 2018. Mr. Anderson stated the project would begin immediately and didn’t see any reason why it wouldn’t be completed and the temporary trailer office space removed before the expiration of the IUP. There being no one else to speak, Chair Johnson closed the public hearing. Moved by Commissioner Nicholas and seconded by Commissioner Konietzko to approve the Conditional Use Permit for Vanman/Lefebvre Companies 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 Conditional Use Permit shall not be recorded until the aforementioned conditions have been completed. 4. The authorized use shall not begin until the Conditional Use Permit is recorded. 5. No more than one access shall be allowed on Twin Lakes Road or Ulysses Street. 6. The temporary trailer shall be removed from the site by December 31, 2018. 7. An escrow, equal to the value of the required landscaping, shall be submitted prior to releasing a building permit. 8. The required landscaping shall be installed by June 21, 2018. 9. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter. This shall be installed by June 21, 2018. 10. 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. 11. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 12. The applicant must apply for and receive approval for all required permits before any construction may begin. 13. All comments in the Stormwater Coordinator Memo dated December 6, 2017, shall be addressed. Motion carried 7-0. 5.3 Tiller Corporation – 12450 Ranch Rd. NW  Conditional Use Permit for portable concrete plant, Case No. CU 17-34 Ms. Simon presented the staff report. She stated staff is recommending approval of the conditional use permit as outlined. Planning Commission Page 6 December 19, 2017 ----------------------------- Chair Johnson opened the public hearing. Mike Keran, 7200 Hemlock Lane, Maple Grove – representing Tiller Corp. stated he was present to answer any questions and is working closely with city staff to combine all active CUPs for each of their three sites. There being no one else to speak to this matter, Chair Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Thiel to approve the Conditional Use Permit (CUP) authorizing Mineral Excavation and a portable concrete plant, with the following conditions: 1. If the proposed site improvements described in the application and CUP have not been substantially completed within two years of the permit’s date of approval, the permit shall expire and become void. 2. The CUP 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. 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. 6. Portable concrete plant shall maintain setbacks of 50 feet from all neighboring property lines. No mining activity shall be permitted within the setback area without staff approval. 7. 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. 8. The applicant shall be responsible for the cost and construction of all reasonable road improvements, including turn lanes, as required by the Sherburne County or MnDOT. The city reserves the right to require the applicant to pay for reasonable road maintenance of haul routes. 9. Wash operations shall not be permitted unless a plan for protecting ground water and surrounding environment is approved by the city’s environmental consultant. 10. Dust control is required for all roads and within the site in accordance with air pollution standards and to ensure dust does not create a public nuisance or otherwise adversely affecting adjacent properties. 11. Vehicles and equipment not in operable condition or materials not associated with the mineral extraction/excavation activity shall not be kept or stored at the site. Planning Commission Page 7 December 19, 2017 ----------------------------- 12. The site shall be mowed or maintained to control noxious weeds and other vegetation. Existing trees and ground cover shall be preserved to the maximum extent possible. 13. Fencing shall be installed during extraction operations to ensure the safety of the public and environment as determined by the city engineer and environmental staff. 14. Hours of operation are 4:00 a.m. until 10:00 p.m. Monday-Friday and 7:00 a.m. to 7:00 p.m. on Saturday. 15. Trucking and hauling shall be allowed between the hours of 6:00 a.m. and 7:00 p.m. Monday-Saturday. 16. Tiller will work with staff to combine all active Conditional Use Permits for each of the three sites in Elk River by the end of 2018. Motion carried 7-0. 6.1 2018 Planning Commission Meeting Calendar Mr. Carlton presented the staff report. The commission reviewed the proposed meeting calendar and no changes were recommended. 7.1 City Council Liaison Update Councilmember Wagner updated the commission on the two variance requests from last month’s Planning Commission meeting and indicated the city council did approve them the evening prior at the city council meeting. She stated after Met with staff. At the council meeting, council did grant variances to both of them and discussed the reasonings behind it. ----------------------- Mr. Carlton recognized Commissioner Konietzko whose term as planning commission member was ending. The commission thanked Mark for his 9 years of volunteering and dedication to the city. 8. Adjournment There being no further business, Chair Johnson adjourned the regular meeting of the Elk River Planning Commission at 7:18 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, January 23, 2018 Members Present: Chair Eric Johnson, Commissioners Mike Nichols, Jill Larson-Vito, Robert Rydberg, Alexander Feinstein, and Brad Thiel Members Absent: None Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Planner BrieAnna Simon, Sr. Administrative Assistant/Recording Secretary Jennifer Green 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 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3.1 Ordinance Amendment – Residential Dimensional Regulations Ms. Simon presented the staff report. She explained staff’s evaluation of all the residential properties and Planned Unit Developments (PUDs) noticing many similarities, and the goals towards simplifying the residential dimensional regulations. She indicated the similarities for front, side, and rear setbacks, with most of them located in the PUD’s meet the existing regulations for Single Family Residential (R1- c) She indicated changing them to a standard zoning district will reduce the number of residential dimensional regulations altogether and those dimensions would be outlined in city code, allowing residents an easy way to determine their property setbacks. She reviewed the current and proposed maps. Ms. Simon explained the second part of this review was to reduce the residential zoning district from eight to six. The new proposed residential zoning districts will loosen regulations in some areas of the city and simplify the residential zoning regulations. She reviewed the proposed dimensional requirements for the six new/modified residential zoning districts. Ms. Simon and Mr. Carlton explained in greater detail one of the zoning districts being proposed entitled “compact” is a result of the development community requesting smaller lot sizes, noting 75’ and 80’ lot sizes are no longer financially Planning Commission Page 2 January 23, 2018 ----------------------------- feasible for developers and 65’ and 70’ lot sizes (while still maintaining 15’ between buildings) are more what the market is supporting. Therefore, rather than the developer having to do a PUD and a rezoning, these permitted smaller lot sizes would make an easier process for developers and allow more predictability for surrounding neighborhoods while allowing affordability to home costs as prices for construction materials keep increasing. Mr. Carlton explained the desire to offer a wide range of home price points to cater to more homebuyers while still allowing more flexibility and transparency in the ordinance. The commission expressed possible concerns with density and lot sizes but overall were in favor of these modifications. 3.2 Ordinance Amendment - Definitions Mr. Leeseberg presented the staff report. The Planning Commission reviewed the definitions and discussed further changes or modifications to the following areas: Animals: change the word “hogs” to “swine” Firearm: change the definition into two sentences. Institutional use: There was discussion if churches should be included in this category. The consensus was that it should. Salvage yard: concerns regarding language of “two or more inoperative vehicles” and how many current residential properties are ‘operating’ a salvage yard due to vehicles being stored on their properties 3.3 Ordinance Amendment – Zoning District Uses Mr. Leeseberg presented the staff report. The Planning Commission reviewed the zoning district uses and offered the following comments: Sec. 30-1292 - I-1 Light Industrial District – the commission discussed the need to keep the focus on jobs in this district; they indicated other uses are occurring such as indoor recreational (indoor batting cages/workout facilities/etc.) and if they should be allowed to continue with a Conditional Use Permit (CUP). It was noted not allowing them in this district could create a financial challenge for some user groups. Staff will return to the commission with a map of where these types of businesses are allowed in the city with a CUP. Remove from (d) Conditional Uses: (5) Kennels, commercial (indoor only) and move to I-3 General Industrial Sec. 30-1026 – DD downtown district - institutional uses removed; staff will review the downtown design guidelines and bring back to the commission. Planning Commission Page 3 January 23, 2018 ----------------------------- 4.1 City Council Liaison Update Councilmember Wagner updated the commission on the council’s discussion regarding the request by Vanman/Lefebvre project to modify the Planning Commission’s recommendation to the council regarding the landscape requirements and modifying the amount of curb and gutter to be installed. She explained the council’s viewpoint regarding the property location and type of business use as the reason why the council suggested the applicant apply for a variance to the requirements. Councilmember Wagner stated the council considers each property on a case by case basis and modifies requirements because of the location of the property or the type of business occurring on the property. The commission noted their desire to follow the ordinance as its written and with the information they received, noting the landscape plan was not received at the time the applicant met with the Planning Commission, and noting the conditions were not completed at the time of the original conditional use permit in 1998. The commission expressed concern with making exceptions when applicants criticize the city regulations and with amending the ordinance when an applicant does not agree with the regulations. 5. Adjournment There being no further business, Chair Johnson adjourned the regular meeting of the Elk River Planning Commission at 8:49 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair