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03-26-2019 PC MIN of E Meeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday, March 26, 2019 Members Present: Vice-Chair Jill Larson-Vito, Commissioners Perry Beise,Alexander Feinstein,John Jordan,Robert Rydberg, and Brad Thiel Members Absent: Chair Eric Johnson Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and Sr.Admin.Assistant/Recording Secretary Jennifer Green 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 Vice-Chair Larson-Vito. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider March 26, 2019, Planning Commission Agenda Vice-Chair Larson-Vito requested to hear item 6.2. Menard Inc. before item 6.1. - Home Occupations. Moved by Commissioner Jordan and seconded by Commissioner Thiel to approve the March 26,2019, Planning Commission agenda with the above change. Motion carried 6-0. 4. Consider February 26, 2019, Planning Commission Minutes Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the February 26,2019, Planning Commission minutes. Motion carried 6-0. 5.1 Chair Vice-Chair Larson-Vito indicated she had a request by current Chair Eric Johnson to continue as Chair if the Commission so chose. • Moved by Commissioner Jordan and seconded by Commissioner Feinstein to elect Eric Johnson as Planning Commission Chair. Planning Commission Page 2 March 26,2019 III Motion carried 6-0. 5.2. Vice-Chair Vice-Chair Larson-Vito indicated she would like to continue as vice-chair if the Commission so chose if anyone else wasn't willing to take this role. Moved by Commissioner Rydberg and seconded by Commissioner Jordan to re-elect Jill Larson-Vito as Planning Commission Vice-Chair. Motion carried 6-0. 6.2. Menard Inc. - 19521 Evans St NW ■ Conditional Use Permit updating the Hillside Crossing 2"d Add. PUD, Case No. CU 19-01 Mr.Leeseberg presented the staff report. Vice-Chair Larson-Vito opened the public hearing. Tyler Edwards,representing Menard Inc., 5101 Menard Drive, Eau Claire,WI, explained briefly the addition of the dedicated Express Lane for online ordering. There beingno one else to speak,Vice-Chair Larson-Vito closed thepublic hearing. III p g Moved by Commissioner Feinstein and seconded by Commissioner Thiel to recommend approval of the request by Menard Inc., for the Conditional Use Permit to amend the approved site plan for the Hillside Crossing 2'd Addition Planned Unit Development. Motion carried 6-0. 6.1. Home Occupations ■ Ordinance Amendment, Case No. OA 19-03 Mr.Leeseberg presented the staff report. Vice-Chair Larson-Vito thanked staff for reviewing and modifying the ordinance based upon the commission's comments. Vice-Chair Larson-Vito opened the public hearing.There being no one to speak, Vice-Chair Larson-Vito closed the public hearing. Commissioner Thiel stated he supports the ordinance as written in the staff report and thanked staff for listening to the commission. He also agreed with staffs comments regarding noise mitigation as he felt it was appropriate for the location of 111 iOIEAE1 11 NAME Planning Commission Page 3 March 26,2019 • a home occupation located in a residential district and didn't feel the neighboring P � g residents should be burdened with policing potential noise issues. Commissioner Jordan stated he spoke to Mr. Carlton before the meeting to express his concerns regarding this item. He indicated he was livid as he read the noise mitigation paragraph and felt it was written too broadly. He commented the way it's written,it would affect his wife,who works from home once a month for an insurance company,thereby preventing her from having her window open to enjoy a spring day. He stated their neighbor,who also works from home,prefers to have his window open but can't with the way this ordinance was written. He stated it's their constitutional right to allow windows to be open and said if someone wants to work from home and type and make phone calls,the city doesn't have the right to regulate that. He stated if a next-door neighbor has a buzz saw in the garage and operates it all day, then there's a problem. He stated his conversation with Mr. Carlton discussed disallowing mechanical devices and would require a CUP. He asked that staff look at ordinance language from similar cities like Anoka and Andover, or other cities similar to Elk River,and contact the League of Minnesota Cities, for their ordinance language and to prevent Elk River from going too extreme in our language and go against the intent of the ordinance. Commissioner Rydberg concurred and says the way the ordinance is currently • written,it's too broad by trying to cover every type of scenario and creates more problems than solves. He suggested narrowing down the language to more of a noise type of business in a small residential lot setting and asked staff to look at taking a narrower focus of this ordinance. Commissioner Thiel asked for the definition of home occupation and wondered if a person working from home one day a week or full time from home would require a home occupation permit. He stated he didn't feel teleworkers shouldn't fall under the definition and requirements of home occupation. Co-Chair Larson-Vito asked why the ordinance has to specify windows. She stated any home occupation that would create a nuisance noise is already listed in the ordinance under prohibited activities. Commissioner Beise stated with his previous law enforcement experience, sometimes it's easier to put safeguards in place in order to mitigate a problem,noting that trying to determine if something is loud or making a vibration is difficult for city officials to determine. Commissioner Jordan stated government shouldn't have a role in telling residents they need to have all windows and doors closed,which is why he would like wisdom from other cities for input. He questioned defining business noise versus general noise. He stated he wouldn't support this as it stands. • Mr.Leeseberg read the definition of home occupation. He provided an example stating a residence is a home first with a secondary use of incidental and secondary use as an office. rorEOEe NATUREI Planning Commission Page 4 March 26,2019 Commissioner Thiel stated teleworking still means it is an incidental use because the • majority of time you're using the residence as a home. Commissioner Jordan stated he still didn't feel it would be enforced that way if you have a nasty neighbor. Mr.Leeseberg stated the way the ordinance reads right now has no criteria and commented that noise is finicky and what might be consider pleasant music to one may drive another crazy. He stated he was hesitant to exclude home office from requiring a home occupation permit. Co-Chair Larson-Vito stated she would be open to excluding home office occupations from requiring a home occupation permit. Commissioner Rydberg stated if you're talking about music lessons, exercise classes, etc.,these home owners would have the sense to close their windows if they're getting complaints to avoid getting police involved. Co-Chair Larson-Vito stated she felt there are two scenarios: one of an otherwise quiet resident who has a nasty neighbor who's complaining about them,or someone who's being too loud and she feels like could be handled with a phone call but instead police would need to become involved. Commissioner Beise asked questions about how the current ordinance is written. • Mr.Leeseberg explained the history about this ordinance. He stated he agrees to separate some of these occupations out if they're able. Moved by Commissioner Jordan and seconded by Commissioner Rydberg to postpone action on the Ordinance Amendment for Home Occupations until April 23,2019,to allow staff to review language in other city's home occupation ordinances and bring back suggestions to the Planning Commission for review. Motion carried 6-0. 6.3 River Walk— 17354 Zane St. NW—continued from February 25, 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. Carlton presented the staff report noting the applicant had withdrawn the applications and no action from the Planning Commission was required. • rrum' RT NATURE l Planning Commission Page 5 March 26,2019 • 7.1 Consider the Amended and Restated Development Plan for the City of Elk River. Mr. Carlton presented the staff report. Moved by Commissioner Beise and seconded by Commissioner Jordan to recommend approval of Resolution 19-01 Amending and Restating the Development Plan for the City of Elk River as outlined in the staff report. Motion carried 6-0. 8.1 City Council Liaison Update There was no update as Councilmember Ovall was absent from the meeting. 9. Adjournment The meeting was adjourned at 7:08 p.m. Minutes . -• .red •y Jennifer Green. • %4 Tina Allard City Clerk Jill arson-Vito Planning Commission Co-Chair • 1O t E NEI . r NATURE