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02-26-2019 PC MIN ElkOty � Meeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday, February 26, 2019 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: Senior Planner Chris Leeseberg and Recording Secretary Katie Porath Also Present: City Council T.iaison Nate Ovall (arrived at 6:31 p.m.) 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. Consider February 26, 2019, Planning Commission Agenda • Moved by Commissioner Rydberg and seconded by Commissioner Thiel to approve the February 26,2019, Planning Commission agenda. Motion carried 7-0. 3. Consider January 29, 2019, Planning Commission Minutes Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the January 29, 2019, Planning Commission minutes. Motion carried 7-0. 4.1. Commercial Kennels in C3 District • Ordinance Amendment, Case No. OA 19-01 Mr.Leeseberg presented the staff report. Chair Johnson opened the public hearing. There being no one to speak, Chair Johnson closed the public hearing. Moved by Commissioner Feinstein and seconded by Commissioner Jordan to recommend approval of the Ordinance Amending Section 30-1024,Highway • Commercial District of the City of Elk River, Minnesota, City Code as outlined in the staff report. Planning Commission Page 2 February 26,2019 Motion carried 7-0. • 4.2. Temporary Signs ■ Ordinance Amendment, Case No. OA 19-02 Mr. Leeseberg presented the staff report. Commissioner Rydberg asked why staff recommended cutting back the number of days a temporary non-profit sign could be displayed from 30 days to 14 days. He asked if it stemmed from a complaint. Mr.Leeseberg responded the goal was to reduce the amount of signage on properties. Reducing the number of days was not complaint driven but was staff recommendation. Commissioner Rydberg heard from a few local businesses that two weeks is not enough time to advertise an event. He believes 30 days should be a minimum. Commissioner Larson-Vito agreed 14 days did not seem like enough time for people to register for an event as the goal of these signs was to get as much visibility as possible as advertising. She asked if there is not a current issue with the time frame, why is staff requesting to change it. Mr.Leeseberg stated one reason was the shorter time frame would allow more • events to be advertised on a property since only one sign can be there at a time. He stated another reason was the city's goal of beautification and excess signs can be unattractive. Commissioner Thiel stated sign advertising probably wasn't the organization's only form of advertisement. He agreed the 14-day restriction made sense and excess signs were not attractive. Chair Johnson clarified currently businesses could have signs for 30 days but any time over that would count against their 90-days allowed and the new proposal would count against their 90 days after 14 days. He stated during this time they could not put up a temporary sign for their own business but would be advertising for the non-profit event. Mr.Leeseberg reiterated the proposal was to reduce the saturation of signs and was not based on complaints. Chair Johnson saw some advantage to a business being able to put up signs for multiple events on a faster rotation but felt some businesses would still be able to find a loophole. Mr.Leeseberg reminded the commission it was the prerogative of the business • owner what timeframe they would allow the sign to be displayed on their property. rONEREI ie NATUR Planning Commission Page 3 February 26,2019 Commissioner Rydberg suggested leaving it up to the landowner to regulate the amount of time a sign is up. He stated he does not see where the limitation helps the situation and may,instead,hurt organizations. Commissioner Jordan cited past experience with cities with no sign control versus hyper-restrictive regulations. He hopes Elk River might be somewhere in between and feels the 30 day limit helps add to the charm of Elk River by promoting community events. Chair Johnson opened the public hearing. Debbi Rydberg, Executive Director for the Chamber of Commerce, 509 Highway 10, spoke on behalf of businesses and non-profits in Elk River. She stated there are not very many ways beyond signage to get the word out about events. She said signs are typically rented for 30 days so people would have to move their sign to a different location after the proposed 14-day time period. She indicated there are also a limited amount of usable spaces for signs to be placed since they are most valuable in high traffic areas. There being no one else to speak, Chair Johnson closed the public hearing. • Chair Johnson felt limiting the sign placement to 14 days may allow advertising in more popular spaces. He asked how many non-profits there may be seeking sign space at one time. Commissioner Rydberg thought there may be 4-5 at a time. He feels the policing of the signs should be the role of the landowner and asked why the commission is dealing with a problem that is not a problem. Commissioner Rydberg discussed an example of signs being up for extended periods of times and no one pays attention to them after two weeks. Mr.Leeseberg agreed a business could decide to only allow the signage on their property for less than 30 days if they desired. The consensus of the commissioner was to keep the duration of temporary signage at 30 days. Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan to recommend approval of the Ordinance Amending Section 30-1867,District Regulations of the City of Elk River,Minnesota, City Code, to remove deposit language and amend the location of temporary signs. Motion carried 7-0. • 4.3. Home Occupations ■ Ordinance Amendment, Case No. OA I9-03 EIIR I EIE it NATURE Planning Commission Page 4 February 26,2019 Mr. Leeseberg presented the staff report. • Chair Johnson opened the public hearing. Debbi Rydberg asked Mr.Leeseberg why he was limiting the amount of customers to five per day. She also had an issue with recommending doors and windows remain closed. She wonders what is driving this and if there are concerns or issues, noting she would hate to see restrictions placed on businesses that want to grow out of their homes. There being no one else to speak, Chair Johnson closed the public hearing. Mr. Leeseberg addressed the proposed change to five customers per day citing frequent complaints of high traffic volumes from residents living near home businesses. He stated if the business wants more than five customers they could request a Conditional Use Permit (CUP). He clarified residential districts are not incubators for businesses. Mr.Leeseberg responded to the question about windows and doors remaining closed and asked what volume is considered too noisy. Commissioner Rydberg responded that the city has a noise ordinance in place. Mr.Leeseberg stated it is hard to monitor and quantify a noise ordinance complaint. • Chair Johnson considered the home businesses that have come before the commission and stated the proposal for doors and windows remaining shut was likely due to noise and smells. Mr.Leeseberg agreed it has to be quantifiable. Commissioner Rydberg said that,rather than telling people they can't do it, couldn't residents address the commission for mitigation. Commissioner Larson-Vito clarified mitigation would not come to the commission since this issue would be administrative. She stated she has heard from a resident who had a tax office out of his home and his neighbor would report him when he had his windows open. She asked if this ordinance amendment would cause conflict where there currently was none. Chair Johnson said the recommendation of having windows and doors closed should be removed and neighbors should file a complaint if noises are too loud. Commissioner Rydberg added the commission should not be in the business of telling people how to run their business. Chair Johnson stated the ordinance protects in a residential area. • rerEnh . e � NATURE Planning Commission Page 5 February 26,2019 • Commissioner Rydberg said the ordinance read like a Home Owners Association Y g (HOA) agreement. Commissioner Thiel had concerns with having lots of cars driving and parking in the neighborhood and asked at what point should they rent an office space. He said the windows and doors being open or closed could be subjective depending on the type of business. Chair Johnson stated there are always exceptions through the CUP process and some residential properties are more suited for business. Councilmember Ovall commented on the number of allowable customers per day. He asked if a piano teacher who has a dozen students between the hours of 5-8 p.m. would have to get a CUP. Mr. Leeseberg stated the proposed change was for high traffic concerns. Chair Johnson agreed the majority of complaints have been in regard to traffic and blocking driveways. Councilmember Ovall asked if the number of customers should be five at one time • or five throughout the day. He asked about a person who holds class for a dozen Pilates students a few times per day. He felt the city should be looking for more effective administrative action and he feels this would be regulating minute details. Chair Johnson asked Mr. Leeseberg how many home businesses are"rubber stamped through"per year. Mr.Leeseberg responded approximately 4-5 per year. He added the goal was to loosen up some of the restrictions and address traffic concerns and this amendment would apply to all residential districts. Commissioner Jordan didn't understand the increase in traffic argument and felt two additional cars per hour did not seem to him like a traffic issue, citing the example of childcares that often have more than five customers. Mr.Leeseberg responded that childcares are regulated by the state. Commissioner Jordan continued that the proposed ordinance changes make it seem much more restrictive and he will not support the closure of doors and windows. Commissioner Rydberg addressed the proposed ordinance change in regards to the number of motor vehicles allowed on site and whether that meant they should not be seen. • Mr. Leeseberg said the preference was the vehicles are inside but the way it is written they could be screened by a fence. � ® vtai , si �NATUR1 Planning Commission Page 6 February 26,2019 Chair Johnson was fine with it saying"not visible". III Commissioner Larson-Vito asked if the current ordinance regulates where vehicles are parked on a property. Mr. Leeseberg stated vehicle parking is allowable on approved surfaces only. Commissioner Rydberg suggested the city regulate businesses from a proactive approach,reminding them of potentially pertinent noise and waste regulations,rather than waiting until after they've received a complaint. Chair Johnson suggested adding"from the property line" to the section of the proposed ordinance changes stipulating that the motor vehicles should be not be visible from the property line. Chair Johnson also addressed the section pertaining to the number of customers per day. He asked if for example a piano teacher were giving 30 minute lessons,it could add up to more than five pupils per day. He suggested changing the number to two vehicles at a given point and wondered if it could be restricted to two vehicles per driveway. However,he also commented people going to a home business typically don't park in the driveway of the business. Mr.Leeseberg said a complaint from the police department has been that vehicles III park partially on the sidewalk. Chair Johnson asked if the commission was being ultra-restrictive. Commissioner Rydberg asked how the amount of vehicles at any one time could be reviewed. Chair Johnson stated the commission had to have a standard. Commissioner Jordan felt the issue had become convoluted and it should perhaps be tabled. Commissioner Thiel stated the current ordinance was restrictive and,by taking out or modifying these sections,it may be better. Commissioner Larson-Vito suggested looking at a clean copy of the proposed ordinance with the changes the commission had discussed. The Commission reviewed the changes they agreed and disagreed with. They were fine with the home occupation operating in a detached structure.They proposed removing the section pertaining to restricting customers to five per day. They agreed with the section increasing the number of pupils from two to five.They adjusted the hours proposed to 7:00 a.m. to 9:00 p.m., seven days a week. Up to five motor III vehicles can be allowed on site provided they are not visible from the property line. The Commission felt the recommendation that all doors and windows shall be 1P-OREBEI IT NATURE Planning Commission Page 7 February 26,2019 closed while the occupation is in operation seemed too restrictive and proposed p P p p removing it. Council Liaison asked if Number 12 in the ordinance regarding the operation of wholesale or retail business included something such as an Etsy business. Mr. Leeseberg said yes and it does not permit a retail store where products could be purchased by customers on site. Commissioner Jordan shared that in a former city there was a boutique which operated out of its home every weekend. Mr. Leeseberg stated he has heard residents consider this a "garage sale". Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan to postpone the approval of the Ordinance Amending Section 30-801, Home Occupations,to the March 26,2019, Planning Commission Meeting. Motion carried 7-0. 4.4. Rezone all C4 Community Commercial Districts to C3 Highway Commercial • • Ordinance Amendment, Case No. ZC 19-01 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. There being no one present to speak, Chair Johnson closed the public hearing. Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to recommend approval of the Ordinance Amending the City of Elk River Zoning Map of the City of Elk River, Minnesota, to rezone all C4 Community Commercial districts to C3 Highway Commercial as outlined in the staff report. Motion carried 7-0. 4.5 River Walk— 17354 Zane St. NW—continued from January 29, 2019 • Zone Change—from FAST to PUD, Case No. ZC 18-05 • Conditional Use Permit to Establish a PUD, Case No. CU 18-15 Mr.Leeseberg presented the staff report and requested these items be continued to the March 26, 2019,Planning Commission meeting. 1111 Chair Johnson stated the public hearing remained open from the previous month's continuances and asked for a motion that the public hearings be continued for each item until March 26,2019. relElEI it NATURE Planning Commission Page 8 February 26,2019 • Moved by Commissioner Thiel and seconded by Commissioner Nicholas 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 March 26, 2019, Planning Commission meeting. Motion carried 7-0. Moved by Commissioner Thiel and seconded by Commissioner Nicholas 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 March 26,2019, Planning Commission meeting. Motion carried 7-0. 5.1 City Council Liaison Update Councilmember Ovall updated the Planning Commission on recent items heard at the February 19,2019,City Council meeting. Councilmember Ovall discussed the council's review of the request by ResCare for a CUP and the council's decision to approve the CUP to allow establishment of an Institutional use at 633 Upland Ave NW. He stated the council held a work session • to discuss the definition of`institutional". Based on staff research,the Planning Commission should see this item at a future meeting where the council looks for assistance in breaking down the definition of institutional and which zones to put them in to avoid a situation like this in the future. Mr.Leeseberg stated the commission would see this item at a March work session. 5.2 Appoint Planning Commission representative to serve on Administrative Hearing Board Commissioner Larson-Vito has been serving on the Administrative Hearing Board and stated she would be willing to continue serving. Moved by Chair Johnson and seconded by Commissioner Jordan to appoint Planning Commissioner Jill Larson-Vito to serve as Planning Commission representative on the Administrative Hearing Board. Motion carried 7-0. 6. Adjournment The meeting was adjourned at 7:35 p.m. • INI / ® AEI E 1 / A 1 Planning Commission Page 9 411 February 26,2019 Minutes prepared b Katie Porath. Tina Allard City Clerk r LEric Johnson Planning Commission Chair • • ® riaE1 I ►r INATUR l