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08-28-2018 PC MINMeeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, August 28, 2018 Members Present: Chair Eric Johnson, Commissioners Jill Larson -Vito, Robert Rydberg, Alexander Feinstein, Brad Thiel, and John Jordan Members Absent: Commissioner Mike Nicholas Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Planning Intern Benjamin Picone, and Sr. Administrative Assistant/Recording Secretary Jennifer Green 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 August 28, 2018, Planning Commission Agenda Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the August 28, 2018, Planning Commission agenda. Motion carried 6-0. 4.1 Consider June 26, 2018, Planning Commission Minutes Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel to approve the June 26, 2018, Planning Commission minutes. Motion carried 6-0. 5.1. Tammy Anderson — 13490 214"' Lane NW ■ Conditional Use Permit for a private kennel, Case No. CU 18-13 Mr. Picone presented the staff report. Commissioner Larson -Vito asked about the Home Owners Association (HOA) rules in regard to the number of animals a resident may keep. Mr. Picone stated the HOA contacted him and he was told the HOA rules allow for two dogs per unit. Planning Commission page 2 August 28, 2018 ----------------------------- Chair Johnson opened the public hearing. Tammy Anderson, the applicant, introduced herself and explained the changes she has been making regarding loose animals by installing a fence, working on feces smell by daily pet waste clean-up, and placing a divider within the fence to keep the animals further away from any neighboring houses. She stated she doesn't want the neighbors to be impacted by her animals. Commissioner Rydberg asked Ms. Anderson if the HOA concurred with her request and if there was any action taken by the HOA. Ms. Anderson stated members of the HOA stopped by her house after receiving notice of the public hearing and asked her for more information. She told them she wasn't aware of the city ordinance regarding the keeping of animals and she stated they didn't have any complaints that they voiced to her at that time. Commissioner Larson -Vito stated she wanted to be clear to the applicant that city ordinances don't overrule HOA requirements. Ms. Anderson stated she understood. There being no one further to speak, Chair Johnson closed the public hearing Commissioner Larson -Vito stated she read where the applicant's daughter occasionally had an animal stay with her at a different residence and asked if that would that have any impact on the CUP. Mr. Carlton stated if the animal units fell below the private kennel requirement for six months and there was evidence to show that, the CUP would expire and the applicant would be required to reapply. Commissioner Jordan asked how the enforcement of dog waste removal is managed Mr. Carlton stated any enforcement of dog waste would be complaint -based, noting staff can work with the applicant with an inspection after a complaint is received to ensure compliance. Commissioner Larson -Vito asked if a condition should be added to require the dogs to reside indoors. Mr. Carlton stated that could be added. It was the consensus of the Planning Commission to add condition 7, "All dogs shall reside primarily indoors overnight." Moved by Commissioner Jordan and seconded by Commissioner Rydberg to recommend approval of the request by Tammy Anderson for a private kennel with the following conditions: rIIEaII I� NA TVRE Planning Commission Page 3 August 28, 2018 ----------------------------- 1. The private kennel shall be limited to nine (9) animal units. Additional animal units will require an amendment to the Conditional Use Permit. 2. The removal of animal waste shall comply with Section 10-9. All on- site waste shall be picked up and properly disposed of twice a week. 3. All dog waste shall be cleaned up immediately when dogs are off of the subject property. 4. The applicant shall receive a private kennel license from the city. 5. All animals must be licensed and vaccinated in accordance with city ordinances. 6. No dogs designated as dangerous or potentially dangerous are allowed to be kept on site, and the keeping of a dangerous or potentially dangerous dog shall be grounds for revocation of the permit. 7. All dogs shall reside primarily indoors overnight. Motion carried 6-0. 5.2 Monroe Estates — Monroe Street & 221' Avenue NW ■ Zone Change from FAST to PUD, Case No. ZC 18-05 ■ Conditional Use Permit to Establish a PUD, Case No. CU 18-15 ■ Preliminary Plat of Monroe Estates, Case No. P 18-10 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Steve Engelmeyer, 22252 Grant St. NW- stated he moved to this neighborhood to enjoy the outdoor space and ability to hunt on his property. He stated he is opposed to any developments with lots less than 2.5 acres and feels this will have future ramifications. He stated there are area farmers that use manure and was concerned the area would become more populated and become a no hunting zone. He asked questions regarding future streets, and specifically the exhibit showing future road connections to his property. He also asked questions about the previous meetings regarding this development. Mr. Leeseberg noted that the future street exhibit was shown merely as an example of possible road construction locations if he decided to develop his property, noting road placement requirements are considered globally when thinking about future development. Mr. Leeseberg stated the previous meetings were concept reviews that were heard at the Planning Commission and City Council level and weren't required to be public hearings, stating tonight's hearing was the time for the public to speak. He explained that the applicant is adding one additional lot than if it were a straight R1 -a zoning. He also stated if people follow the rules and ordinances, they are allowed to farm their land and apply manure. Todd Roskaft, 22068 Brook Rd. NW- asked questions about obtaining permission to hunt and shoot on private property, stating he knows he can't shoot within 500' paIE"RE9 ®T �A R UR Planning Commission August 28, 2018 Page 4 from a road or residence, but wondered what the current restrictions are and if that will change with the development being constructed. Marc Kruger, 22220 Monroe St. NW- stated he felt the preliminary plat fails to indicate what areas would be wetlands and easements, stating preliminary sketches outlined wetlands but this plat doesn't show that. He was concerned about higher density and additional traffic on Monroe with only 2 access points. He was also concerned about the width of Monroe Street and whether it will be extended, widened, or paved. Chair Johnson and Mr. Leeseberg explained that the wetlands have a significant amount of protection. They will be delineated and protected by a 45' setback. Mr. Leeseberg reviewed the number of proposed access points on Monroe and stated the applicant would update the road to a city street at their expense and following city standards. Regarding Mr. Roskaft's hunting question, Mr. Leeseberg explained the hunting map and city ordinance requirements, which places most of the city is in the hunting restriction zone which requires permission from the Police Department to hunt. He noted the subject parcel is already located in the hunting restriction zone. Ron Rickers, 22345 Monroe St. NW- stated he preferred 2.5 acre parcels and didn't Eke the varying lot sizes. Chair Johnson explained the average lot size remains at 2.5 acres but due to the unique layout of the land and the wetlands some lots would be smaller, and some would be larger. Mr. Rickets asked about the dirt cul-de-sac that's at the end of Monroe Street, which he stated is on private property, and noted that the applicant would have to shorten Monroe Street by about 40'. He asked the applicant the price range of homes planned to be constructed. He also asked if this development would affect his taxes. Bill Christian, the applicant, said he is proposing to build homes ranging between $450,000 and $500,000. Home types include ramblers with 3 car garages and some 2 - story homes. Mr. Leeseberg stated the cul-de-sac would be constructed on the applicant's property, and in the worst case scenario, located at the north end of the plat but not beyond the north line of the property. Mr. Krueger asked follow-up questions regarding the end of the paved cul-de-sac, and any concerns with the capacity of the aquafer, project timeframe, and if there would be a model home. Jeremy Black, 10246 221" Ave. NW- stated he was concerned with the effect of this development in proximity of his farm, which was located in the southeast corner rs■IIEI 1 1 NATURE Planning Commission August 28, 2018 Page 5 of the subject property. He stated he farms close to 30 head of cattle which produces the smell of manure, farming equipment noise, and noting he works fall time during the day so he does late night and weekend farming. He asked if there would be conflicts his farming by bringing in these proposed higher end homes. He asked about Johnson Street and would there be street lights and a turn lane. Iles Scott Helge, representing her father Richard Gruys, 22347 Monroe St. NW - explained her father's property was a farm like other farmers in the area, concerned about the aquifer, and amount of water. She stated they all work with heavy equipment. She would like to see a park included in the development to prevent the children from playing in the street or drowning in the pond on their property. She stated the hunting is a paid activity for her father and part of her father's livelihood, and they didn't want his hunting rights affected. Mr. Leeseberg stated he didn't receive any concerns from Elk River Municipal Utilities regarding the capacity of the aquifer but will ask for clarification. Mr. Christian discussed his vision and intent to create a nice development, minimizing the impacts to current residents, and preserving wetlands and wooded area. He explained the creation of the ponding area, the cul-de-sac construction, and working with the city to make the area a decent development. He stated Sherburne County has reviewed the project and made their recommendations, which will be reflected in the next round of plan updates. I Commissioner Rydberg asked the applicant if there would be upfront discussions with prospective homeowners of what they can expect when they move into the country. Mr. Christian stated he didn't have a magical answer to that but would make prospective homeowners aware that it is a rural area, noting there will be protective covenants they would be willing to create and noting the rural setting includes farming. Diane Moos, 10246 221St Ave. NW- stated her main concern is the outlet on Johnson St. as their 80 acre farm is to the east and south, and they operate heavy equipment in and out of their driveway. She would like to see lots sizes at 2.5 acre. Mr. Leeseberg indicated Sherburne County has control of the Johnson Street access points but he will bring that comment to them. Mr. Krueger asked when the development would begin. Mr. Christian stated they would begin development as quickly as possible, and with winter approaching they would begin installing infrastructure on the property after approval. Home construction would begin next spring. He stated they will not have a model home. P0VIIEI Ir ATURE Planning Commission August 28, 2018 Page 6 Mr. Rickers discussed how the wetlands flow into the Rum River and the otters and fish present in the area, noting the wetlands are a delicate resource. He also asked if this development would affect his taxes. Chair Johnson stated questions regarding taxes can be answered by Sherburne County. Christopher Scheff (CJ), 10396 221' Ave. NW, asked the applicant why he was building as many homes as he was, stating the applicant didn't have to build that many. He stated if the applicant wants what's best for the area, perhaps he would consider building fewer homes. He also had the same concerns with the aquifer but stated he didn't know much about them. Mr. Christian stated he didn't want to be treated any different than anyone else. He stated he was trying to create a nice development and if the city allows for this type and density of development and the city has put a lot of thought into the comprehensive plan, he has done the same with a lot of thought on minimal impact on the neighbors. He stated he wasn't trying to change anything that wasn't already allowed and Mr. Scheff would be afforded the same should he decide to develop land. There being no one else to speak, Chair Johnson closed the public hearing. Chair Johnson discussed the smaller lot sizes as currently driving market demand. Commissioner Larson -Vito stated the developer is trying to work around the unique requirements of the property due to the presence of wetlands and stated that when the city looks at the property before its developed, residents don't have to come back in the future for a variance. Commissioner Larson -Vito also noted that the feedback heard tonight from area residents was very important and beneficial. Moved by Commissioner Larson -Vito and seconded by Commissioner Feinstein to recommend approval for an ordinance to rezone certain property from Single Family Residential (R1a) to Planned Unit Development with the following conditions: 1. The Conditional Use Permit establishing a PUD must be approved by the City Council. 2. A PUD agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 6-0. Moved by Commissioner Larson -Vito and seconded by Commissioner Thiel to recommend approval for a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. A PUD Agreement shall be developed and signed by both parties prior to the recording of the plat and issuance of any building permits. A, a�ar/�Ea E e rCr gATUpC Planning Commission Page 7 August 28, 2018 ----------------------------- 2. ---------------------------- 2. Approval of a concept plan pursuant to the procedure set forth in 30- 1564. Motion carried 6-0. Moved by Commissioner Larson -Vito and seconded by Commissioner Jordan to recommend approval of the Preliminary Plat for Monroe Estates. Motion carried 6-0. After discussion, it was the consensus of the Planning Commission to recommend Johnson Street be aligned to provide a future connection to the properties to the east. S.3 River Walk Zone Change — from FAST to PUD, Case No. ZC 18-05 Conditional Use Permit to Establish a PUD, Case No. CU 18-15 K Easement Vacation for Zane Street Right -of -Way, Case No. EV 18-05 Plat of River Walk, Case No. P 18-12 Mr. Carlton presented the staff report. Chair Johnson opened the public hearing and requested it be continued to September 28, 2018. Moved by Commissioner Jordan and seconded by Commissioner Rydberg to continue the public hearing for the River Walk items to September 28, 2018. Motion carried 6-0. 6. General Business There was no general business. 7. City Council Liaison Update Councilmember Wagner was not present at the meeting. The Commission recessed at 7:41 p.m. and reconvened at 7:42 p.m. to go into work session. 8.1 Convert Former Saxon Motor's Site to a Mini -Storage Facility Mr. Carlton presented the staff report. Dan Andersen, Vice President of Development for the Briggs Companies, 633 Upland, described the mini -storage facility concept plan to the Planning Commission. PO�EREO er INATUREI Planning Commission August 28, 2018 Page 8 The Planning Commission discussed the proposed concept of a mini -storage facility and while they could see a need for additional storage options in the city, they wouldn't support this area for a mini -storage facility due to the area being guided by the FAST study and currently zoned for high density residential. They also stated the proximity to the Mississippi River presented ecological challenges and the possible transportation changes along Highway 10 were guided by MnDOT. The Planning Commission also felt mini -storage units would appear out of place at this location and would not be appealing for people entering the city. Mr. Andersen then proposed an adjusted concept of high density residential housing as a primary use with a secondary use of storage units built within the housing so as to not be seen from the highway. He gave a few ideas regarding site plan layout and added green space. The Planning Commission stated they would be interested in seeing this type of plan and recommended they draw up this concept and submit it as soon as they were able. Pat Briggs stated to the Planning Commission that he has other properties in other cities that require his attention and requested the Planning Commission tell him up front if this type of project would qualify for 26 -pear Tax Increment Financing funding. He stated he would focus his attention on his other projects if this project wouldn't qualify. The Planning Commission stated they could only recommend approval of any projects to the City Council if the project was consistent with the Comprehensive Plan as they would have no authority to recommend approval for any city funding. 9. Adjournment The meeting was adjourned at 8:12 p.m. Minutes prepared by Jennifer Green. Tina Allard City Clerk Eric Johnson Planning Commission Chair P®1fRfl Ir ATURE