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3.1. PCSR 01-29-2019 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, December 18, 2018 Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito, John Jordan, Mike Nicholas, Robert Rydberg, Alexander Feinstein, and Brad Thiel Members Absent: none Staff Present: Planning Manager Zack Carlton and Sr. Admin. Assistant/Recording Secretary Jennifer Green Also Present: City Council Liaison Jennifer Wagner 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 18, 2018, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the December 18, 2018, Planning Commission agenda. Motion carried 7-0. 4. Consider November 27, 2018, Planning Commission Minutes Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to approve the November 27, 2018, Planning Commission minutes. Motion carried 7-0. 5.1. Glory of Christ Fellowship – 550 Freeport Ave. NW  Ordinance Amendment adding Institutional Uses to MU-ERP District, Case No. OA 18-07  Conditional Use Permit to operate a religious institution, Case No. CU 18- 20 Mr. Carlton presented the staff report. Planning Commission Page 2 December 18, 2018 ----------------------------- Commissioner Larson-Vito asked if there were any other commercial areas in the city where an institutional use isn’t allowed. Mr. Carlton stated all straight commercial zoning districts allow institutional use. He stated some PUDs may not allow institutional use. Commissioner Rydberg wondered about the applicant’s future plans of either purchasing the unit or moving out. Chair Johnson opened the public hearing. th Rich Schultz, 15894 54 Street NE, St. Michael, is the owner of Freeport Business Center, in the same zoning district as 550 Freeport Ave. NW. He stated he doesn’t oppose the function or mission statement of the applicant but he felt there were other locations that would be a better fit for a religious institution than in a strip mall plaza in a commercial setting. He noted the city revamping the mixed use Elk River Plaza District a few years back and stated he had concerns with the county assessor making tax adjustments as a result and in turn raised his taxes. He felt it unfair that this building wouldn’t see their taxes increased by adding this allowed use. He also felt this could turn into a similar development as the Spectrum High School setting, in which the school expanded in an area not suited for institutional use, not suiting the city well. Mr. Schultz expressed concerns with parking and challenges with similar congestion problems at buildings in the surrounding area. He also noted the allowed signage was more generous than what was allowed on his own building. He indicated there was the possibility that the city would lose out on taxes, stating he spoke to the county assessor’s office and they indicated institutional uses were tax exempt. He stated he didn’t feel the building should not have to pay property taxes because of the type of tenant allowed in the building. th Charles Handren, 14470 54 Street NE, St. Michael – stated he was the Pastor of Preaching for Glory of Christ Fellowship. He indicated that they are hoping for a long-term lease with future plans to acquire and develop a property at some point but no ability to do so at this time. He indicated there is no tax exemption for the building since they will be leasing the building from B & G Realty, LLC. There being no one present to speak, Chair Johnson closed the public hearing. Commissioner Jordan asked about the tax implications. Mr. Carlton stated he contacted the county assessor and posed the question about a commercial property owner leasing part of their building to a church, and would they still have to pay taxes. The assessor stated the building owner would still have to pay taxes and provided some examples of a few other similar properties in the county. Commissioner Jordan asked if there were any traffic concerns, noting there were two entrances and by estimating the number of attendees wondered the number of parking stalls and if there would be a traffic or parking issue. Planning Commission Page 3 December 18, 2018 ----------------------------- Mr. Carlton indicated there are two entrances to the building and peak traffic volumes would occur before and after Sunday services. He indicated there are 300 immediate parking stalls with 500 stalls available on adjacent properties to the north. He stated this building area was originally developed as a PUD and with codification of PUDs a few years back, a parking agreement was instituted, which the applicant could be required to comply with if added as a condition to the CUP. Commissioner Jordan asked if the signs they are requesting require special consideration. Mr. Carlton indicated no special exceptions for proposed signage based upon the ordinance in place for this area, which is two façade fronts, and there is no variance or PUD specific for this use. Commissioner Jordan asked of all the major shopping areas along Hwy. 169, this would be the only one that isn’t currently allowing this type of use. Mr. Carlton stated anything currently zoned C-3 allows institutional uses. Chair Johnson stated he was comfortable with supporting the ordinance amendment as he felt it fits with the C-3 use that is already available in the Highway Commercial developments. Commissioner Larson-Vito stated she initially had some concerns with spot zoning but also felt comfortable supporting the ordinance amendment as institutional use is already allowed in other C-3 zones in the city. Councilmember Wagner asked the Planning Commission if consideration should be given for Friday and Saturday parking for weddings and the possibility of interfering with movie theater parking. Mr. Carlton stated funerals would be another one-time event that should be considered. He stated a condition could be added to the CUP stating a parking agreement be followed so as to not spill into adjacent businesses’ parking areas. Commissioner Thiel stated that was a good point on parking and indicated it should be clearly stated in order to cause less confusion. Mr. Carlton stated the building owners set the parking parameters and parking for special events can be followed by a condition of the applicant following the parking agreement in place as part of the CUP and be recorded with the CUP. Moved by Commissioner Jordan and seconded by Commissioner Nicholas to recommend approval of the request by Glory of Christ Fellowship for an Ordinance Amendment adding Institutional Uses as a Conditional Use in the Mixed Use Elk River Plaza (MU-ERP) Subsection C district. Motion carried 7-0. Planning Commission Page 4 December 18, 2018 ----------------------------- Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the request by Glory of Christ Fellowship to operate a religious institution with the following condition: 1. Follow the parking agreement in place for special events. Motion carried 7-0 5.2 River Walk – 17354 Zane St. NW ~ continued from October 23, 2018  Zone Change – from FAST to PUD, Case No. ZC 18-05  Conditional Use Permit to Establish a PUD, Case No. CU 18-15 Mr. Carlton presented the staff report and requested these items be continued to the January 29, 2019, Planning Commission meeting. Chair Johnson stated the public hearing remained open from the previous month’s continuance and asked for a motion that the public hearing be continued for each item until January 29, 2019. Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan to approve the request by Patrick Briggs and Dan Andersen to continue the public hearing for the River Walk Zone Change ZC 18-05 to the January 29, 2019, Planning Commission meeting. Motion carried 7-0. Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan to approve the request by Patrick Briggs and Dan Andersen to continue the public hearing for the Conditional Use Permit CU 18-15 to the January 29, 2019, Planning Commission meeting. Motion carried 7-0. 6. General Business There was no general business. 7. City Council Liaison Update Councilmember Wagner discussed the ResCare Conditional Use Permit presented at last evening’s City Council meeting. She indicated the public hearing contained comments from neighboring residents who expressed concerns with the patients staying at ResCare and the safety of the public. The council requested the public hearing be continued to January 22, 2019, so council could have more conservation and receive more information regarding selection criteria for patients placed in ResCare and specifically if they had any criminal record or were considered sex offenders. She indicated the public hearing was closed but if anyone had any Planning Commission Page 5 December 18, 2018 ----------------------------- additional concerns to make them in writing to the council to be presented on January 22. 8. Adjournment The meeting was adjourned at 7:00 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair