3.1. DRAFT HPC MINUTES 04-24-2018VA
City of
Elk Meeting of the
River Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, March 27, 2018
Members Present: Acting Chair Jill Larson -Vito, Commissioners Mike Nicholas, Robert
Rydberg, Alexander Feinstein, Brad Thiel, and John Jordan
Members Absent: Chair Eric Johnson
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and
Sr. Administrative Assistant/Recording Secretary Jennifer Green
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 Acting Chair Larson -Vito.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider March 27, 2018, Planning Commission Agenda
Moved by Commissioner Feinstein and seconded by Commissioner Thiel to
approve the March 27, 2018, Planning Commission agenda.
Motion carried 6-0.
14 146,
4.1 "'Consider February 27, 2018, Planning Commission Minutes
Moved by Commissioner Thiel and seconded by Commissioner Feinstein to
approve the February 27, 2018, Planning Commission minutes.
Motion carried 6-0.
5.1 Election of Officers - Chair
Moved by Commissioner Feinstein and seconded by Commissioner Nicholas
to elect Eric Johnson as Planning Commission Chair.
Motion carried 6-0.
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March 27, 2018
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5.2 Election of Officers — Vice Chair
Moved by Commissioner Thiel and seconded by Commissioner Feinstein to
elect Jill Larson -Vito as Planning Commission Vice -Chair.
Motion carried 6-0.
6. I .a Dennis Sharp — Sharp & Associates, 15585 Edison Street NW
■ Zone Change from 13 (General Industrial) to C3 (Highway Commercial),
Case No. ZC 18-01
6. I .b Dennis Sharp — Sharp & Associates, 15585 Edison Street NW
■ Conditional Use Permit for Boat & RV Storage, Case No. CU 18-05
Mr. Leeseberg presented the staff report. Staff recommended approval of the request
for an ordinance amendment rezoning the property in question from I3 (General
Industrial) to C3 (Highway Commercial) for the reason that the rezoning is
consistent with the City of Elk River Land Use Plan adopted as part of the City of
Elk River Comprehensive Plan. He stated staff also recommends approval of the
request for a Conditional Use Permit for boat and RV mini -storage buildings with
the conditions provided, as staffs analysis of the application shows compliance with
five of the seven regulations required for approval of the CUP. He stated staff will
work with the applicant to modify the architectural requirements proposed in the
plans of building #2 and requested an updated landscape plan to be submitted prior
to the April 16, 2018, city council meeting. He also indicated that if potential right-
of-way is protected for a future frontage road, conditions three and four can be met
and the CUP could be granted.
Commissioner Rydberg asked questionsregarding potential future right-of-way
concerns with Highway 10.
Mr. Leeseberg stated the road right-of-way and easement would meet the setback
requirements today but if we get a new property line in the future a variance could be
considered. The city would like to have the road right-of-way ability in the future.
City engineer is in discussions with MnDOT.
Commission Jordan asked questions about the building location on a hill and parking
spots. Mr. Leeseberg explained how the building would be built into the hill.
Vice Chair Larson -Vito asked for clarification of the review time for the architectural
standards and Mr. Leeseberg reiterated the updated drawings will be provided prior
to the city council meeting.
Vice Chair Larson -Vito opened the public hearing. There being no one to speak, she
closed the public hearing.
Councilmember Wagner stated judging by the map and diagram provided she
questioned where the applicant would be able to place 67 trees if the entire area was
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considered impervious surface. She wondered if in the future this requirement be
modified and suggested a tree donation to a city park to still provide beautification to
the city but make
Mr. Leeseberg explained the tree calculation taken by perimeter divided by 40 and
outlined on the plans where the trees could be located. He stated the mathematical
calculation works for this property and if the applicant chose to deviate from the
number of trees, they would need to apply for a variance.
Vice Chair Larson -Vito stated she was comfortable with moving forward with a
recommendation to the city council knowing staff would work with the applicant on
the landscape plan requirements.
Moved by Commissioner Thiel and seconded by Commissioner Nichols to
approve the request by Dennis Sharp with Sharp & Associates for Zone
Change from I3 (General Industrial) to C3 (Highway Commercial) for the
reason that the rezoning is consistent with the City of Elk River Land Use
Plan adopted as part of the City of Elk River Comprehensive Plan.
Motion carried 6-0.
Moved by Commissioner Feinstein and seconded by Commissioner Thiel to
approve the request by Dennis Sharp with Sharp & Associates for a
Conditional Use Permit for boat and RV storage at 15585 Edison Street NW
with the following conditions:
1. The authorized Conditional Use Permit (CUP) will not be recorded
until all conditions have been satisfied.
2. A building permit will not be issued until the CUP 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.
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. All driving lanes shall be marked "Fire Lane No Parking".
7. The cul-de-sac shall meet the minimum 96 foot diameter as required
in the MN State Fire code Appendix D.
8. Any use or work within or affecting MnDOT right-of-way will require
a MnDOT permit.
9. A landscape plan showing compliance with ordinance requirements,
including credit for existing trees, shall be submitted and approved.
10. All structures shall meet the architectural standards in Section 30-938
11. All comments in the Stormwater Coordinator Memo dated March 8,
2018 shall be addressed.
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12. All comments in the Fire Marshall Memo dated March 8, 2018 shall be
addressed.
13. All comments in the MnDOT Letter dated March 15, 2018 shall be
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addressed.
14. 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.
t
Royal Oaks Realty, Inc. — 13707 185t" Avenue NW
■ Preliminary Plat, Case No. P 18-03 IV
Mr. Carlton presented the staff report. Staff recommend
with the three conditions listed in the staff report.
Mr. Carlton presented the staff report. IWW
request
Acting Chair Larson -Vito Jill asked additional questions regarding any concerns with
wetland setbacks and ordinary bi h w der OH ,) marks for structures or deck
footings.
Mr. Carlton explained the 25' setback of the sto r pond as well as the 50'
setback from the OHW level of Lake Orono which is protected by an easement on
the north side and would alleviate any concerns with deck footings.
Vice Chair Larson -Vito opened the public hearing.
Kyle Miller, 18691 Queen Circle NW, a neighboring property owner, expressed
concerns with the mature trees currently located on the western edge of the
proposed development bordering the edge of his property and asked if the builder
would consider saving as many of them as possible. He also asked what the timeline
was for this development and will the city push through the road connection to 186"'
Avenue.
AW
Marcel Eibensteiner, the applicant and president of Royal Oaks Realty Co., 1000
County Road 3, Shoreview, indicated he had also received phone calls from other
residents asking for him to save as many trees as possible. He indicated he would do
his best to save as many of the mature trees as possible and provide a 25' buffer and
if the grading plan required changes, he will modify the grading plan to save trees
and shrubs. He also indicated the work on this development, pending Planning
Commission and City Council approval, would begin approximately June 1 and
finish approximately September 1 of this year. He stated the storm water created in
this development will be stored in the two newly created ponds.
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March 27, 2018
Joe John, 13690 186"' Avenue NW, asked if the city had plans to connect 186"'
Avenue.
Mr. Carlton indicated there were no plans at this time to construct a connection to
186' Avenue but the roadway infrastructure was being stubbed in for future
connection.
There being no one further to speak, Acting Chair Larson -Vito closed the public
hearing.
Moved by Commissioner Thiel and seconded by Commissioner Nichols to
approve the request by Royal Oaks Realty, Inc. for Preliminary Plat for
Riverplace Second Addition with the following condition:
1. Staff approval of updated plans satisfying all comments in the staff
comment letter dated March 12, 2018.
Motion carried 6-0. It
6.3 Shannon Forsberg - 920 Highway 10
■ Commercial Kennel, Case -No, CU 18-06
Mr. Leeseberg presented the staff report. Staff recommended approval of the
request with the three conditions listed in the staff report.
Commission Jordan asked if the reason the applicant was before the Planning
Commission was because the kennel was operating before obtaining the CUP.
Mr. Leeseberg stated the ordinance was recently amended to allow for this type of
use and often times plays catch-up with uses before they receive the required permits
to operate, but the city typically allows the business to continue operating while
obtaining the proper licenses or permits.
Vice Chair Larson -Vito opened the public hearing. There being no one to speak, she
closed the public hearing.
Councilmember Wagner asked for clarification of the areas of the building the
applicant would be using.
Mr. Leeseberg explained the parts of the building the applicant was using for their
business and kennel. The building owner was in the audience and provided
clarification.
Moved by Commissioner Feinstein and seconded by Commissioner Jordan to
approve the request by Shannon Forsberg for a Conditional Use Permit with
the following conditions:
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1. The authorized Conditional Use Permit shall be recorded, and the use
shall not be considered a legal use until then.
2. Prior to recording, the city's Building Official and Fire Marshal shall
inspect the building for compliance with all state and local building
codes.
3. The Conditional Use Permit is not a building permit and the applicant
must apply for and receive approval of required building and sign
permits before construction may begin.
4. All refuse collection containers shall be stored within an enclosure
facility large enough to accommodate the collection of all materials.
Refuse containers and materials must be out of sight from neighboring
properties and street.
5. Update site plan to show designated employee parking areas.
6. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary
condition.
7. Indoor facilities shall be adequately ventilated and have ample light,
cooling, and heating.
8. Adequate storage and refrigeration shall be provided to protect food
supplies against contamination and deterioration.
9. Waste shall be picked up immediately and disposed of in a sealed
container.
10. Animals are allowed outside only under direct supervision.
11. No more than four (4) animals per supervisor shall be allowed outside
the fenced area and will be leashed at all times.
12. Outdoor play shall not be used before 7:00 a.m. or after 9:00 p.m.
13. The outdoor play area will be screened by a six foot opaque fence.
Vinyl, or other, slats in chain link fencing shall not be used.
14. Noise shall be mitigated so as to not create a public nuisance for
adjoinin roperties. If a dog continuously barks, it must be brought
inside.
'Motion carried 6-0.
6.4 City of Elk River- Ordinance Amendment
■ Ordinance Amendment related to beekeeping, Case No. OA 18-04
Mr. Carlton presented the staff report.
Commissioner Rydberg asked what was the premise or thinking of allowing bees on
a 'A acre lot.
Mr. Carlton indicated Planner BrieAnna Simon learned by taking the State of
Minnesota beekeeping class that they hadn't heard of any issues with hives kept on
lots, provided the hives are maintained. He stated the investment of getting started
with beekeeping was high and didn't feel anyone who began beekeeping would
abandon their hives which therefore keeps risks lower.
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Commissioner Rydberg suggested each beekeeper request be viewed separately and
not require fencing for lots larger than 1 acre.
Acting Chair Larson -Vito agreed, stating with a lot larger than one acre in size, you'll
decrease the chance of people passing through.
Mr. Carlton stated the concern for fencing the smaller lots came from the Police
Department's comments after review of the proposed ordinance amendments and
concerns for public safety responders. He indicated that requirement could be
removed.
Commissioner Thiel indicated he doesn't support the ordinance and felt it was too
many bees concentrated for lot sizes smaller than 1 acre. He agrees with the public
safety concerns but overall doesn't support bees, or chickens for that matter, in an
urban area.
Mr. Carlton asked the Commission to consider having X amount of hives in a one -
mile area, and making beekeeping requests as a first-come, first-served basis.
Commissioner Thiel stated that would make him feel better than allowing multiple
properties in a small concentrated area.
Vice Chair Larson -Vito opened the public hearing.
Joseph Eiler, 21268 York St. NW,explained his knowledge of bees and while not a
beekeeper yet he would like to become one. He suggested staff review each case
individually. He suggested education pieces be utilized to explain bees and their
habits should a request be made to keep bees and a neighbor expresses concerns
with allergies, etc. He commented that bees only leave the hive at certain times of the
day, not at night, and not when the temperature is below 50 degrees Fahrenheit. He
asked if during the application process would the applicant be able to educate the
neighbor
Mr. Carlton explained that the reason for the ordinance amendment would be to
remove the requirement for a CUP and have city staff administer approval for
beekeeping. He stated right now as the ordinance is written, there would not be a
time to discuss education.
Mr. Eiler stated on a larger lot, the latching fence requirement wouldn't matter. He
discussed diseases and said bees with mites won't cause a swarm, they'll just head to
a neighboring hive. He suggested adding wording about proper disease management
as a requirement to beekeepers following the ordinance. He thanked the Planning
Commission for reviewing and proposing changes to the ordinance.
There being no one else to speak, Acting Chair Larson -Vito closed the public
hearing.
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Commissioner Rydberg suggested the size of land be changed to a 1 acre minimum.
Commission Jordan agreed, stating bees are the "new chickens" and felt it was a fad.
He discussed the chicken abandonment in Minneapolis and worries about that
occurring in Elk River. He didn't think that people would be too concerned with the
cost of keeping bees and felt these don't belong in a residential neighborhood,
worried about liability, disease, and abandonment.
Acting Larson -Vito stated her concerns about staff enforcement and didn't feel the
$50 fee would cover the amount of staff time and resources for management and
enforcement. She wondered if larger lot sizes would decrease enforcement time and
review and would probably generate less neighboring complaints.
Commissioner Rydberg asked for clarification about swarms.
Mr. Eiler explained why bees swarm and ways of reducing swarming. He also shared
information he received from the U of M beekeeping classes and learned the city of
Minneapolis has too many hives with not enough flowers to support their current
level of beekeepers. He also provided information about those residents keeping
bees without going through the permitting process.
Mr. Carlton stated staff removed disease management from the proposed ordinance
because he wasn't sure how staff would enforce those requirements, trying to
minimize staff involvement.
Commission Jordan asked if the ci orney should review whether or not the city
can legally tell people who can or can't keep bees.
Councilmember Wagner questioned if staff can regulate this ordinance as presented
and is staff pretending to know more about beekeeping than they really do. She felt
she learned more from Mr. Eiler this evening. She stated she doesn't know much
about beekeeping but does know a lot about families with allergies and was
concerned about staff regulating this ordinance.
Mr. Carlton stated staff received a model ordinance from the U of M Bee Research
Facility, which started with regulations that bee experts suggested, and removed
pieces that staff felt they wouldn't need to regulate. He stated he felt they are at a
point where they have a good ordinance but new ordinances aren't perfect, stating
the chicken ordinance will be coming back for modifications from what staff has
learned from implementation. He indicated former staff BrieAnna Simon went
through the class with the view point of regulating bees and gained a great deal of
knowledge.
Councilmember Wagner stated she felt the ordinance as presented is a good start but
wants to ensure the city has enough knowledgeable about the subject. Mr. Eiler
asked for clarification on the parcels over 5 acres not requiring a permit and would
residents still have to comply with the regulations of the ordinance.
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Mr. Carlton stated the ordinance as currently written wouldn't require any regulation
if you have more than 5 acres. He stated if passed, the ordinance would require 5
acre land owners the same requirements but the number of affected neighboring
residents would be far less than in an urban neighborhood.
Acting Chair Larson -Vito stated if an ordinance like this was passed, it would make
sense to partner with an organization that understands this practice, and becomes
more difficult to enforce if staff isn't educated.
Mr. Carlton stated either himself, Mr. Leeseberg, or another planner if hired would
do the inspections, but it would be a learning experience. He stated they would be
there to inspect the setup itself and whether it mee the c1 mance requirements, not
the beekeeping and hive itself.
Commission Jordan asked if city planners shoal" be the inspecto'r's:
Acting Chair Larson -Vito stated it seemed there are more technical things that if
complaints are received, would staff have the knowledge to know how to respond.
Mr. Carlton stated there is a network of beekeepers that would assist them in these
types of issues.
Commissioner Thiel stated perhaps this will work if there are different parameters
than as it's currently written and suggested tabling the ordinance amendment for
further discussion.
Moved by Commissioner Thiel and seconded by Nicholas to table the
Ordinance Amendment relating to beekeeping.
Motion carried 5-1 with Commission Jordan opposing.
r
mission Jordan stated his reasoning for opposing the motion was that he is
sed to the ordinance amendment as presented.
It was the consensus of the Planning Commission to review modifications to the
ordinance and reconfigure lot size minimums, fencing requirements, cost effective
fee requirements, and discuss with the city attorney concentration regulations. Staff
will also review enforcement considerations by considering enlisting volunteer
helpers from the local bee community.
7.1 Consider Housing TIF Plan for consistency with Comprehensive Plan —
Housing TIF District #25
Mr. Carlton presented the staff report.
Moved by Commissioner Thiel and seconded by Commissioner Nicholas to
approve Resolution 18-01 concerning Development District No. 1 and a
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proposed Tax Increment Financing District of the City of Elk River as
outlined in the staff report.
Motion carried 6-0.
8.1 City Council Liaison Update
Councilmember Wagner provided a council update with regard to proposed zone
changes specifically to the I1, I2, and Commercial Recreation areas, and three
members of the youth baseball association spoke at the council meeting in
opposition of the city removing the commercial recreation use in the industrial
district and the negative affect it would have on all youth sports. She indicated
Acting Chair Larson -Vito provided additional information to the council to explain
the Planning Commission's perspective on those changes. She stated the City
Council did accept the ordinance changes as presented with the exception of
removing commercial recreation use in the I1, I2, and I3 zones. She stated the City
Council will continue discussion on whether or not religious facility= use should be
Adjournment
The meeting adjourned at 7:
Minutes prepared by Jennifer Green.
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