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3.1. DRAFT PC MINUTES 05-28-2019 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, April 23, 2019 Members Present: Chair Eric Johnson, Commissioners Perry Beise, Alexander Feinstein (6:49 p.m.), John Jordan, Jill Larson-Vito, Robert Rydberg, and Brad Thiel Members Absent: None 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 Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider April 23, 2019, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to approve the April 23, 2019, Planning Commission agenda with the above change. Motion carried 6-0. 4. Consider March 26, 2019, Planning Commission Minutes Moved by Commissioner Thiel and seconded by Commissioner Beise to approve the March 26, 2019, Planning Commission minutes. Motion carried 6-0. 5.1. Jorgenson Homes, Inc. – 75-130-4300  Preliminary Plat of Lawatsch Farms, Case No. P 19-03 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. Planning Commission Page 2 April 23, 2019 ----------------------------- Commissioner Rydberg asked if staff had received any objections from any neighboring residents. Mr. Carlton indicated he received phone calls asking questions and obtaining clarification about the property but no objections were voiced. Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the request by Jorgenson Homes, Inc., for a Preliminary Plat to construct 10 buildable lots as outlined in the staff report. Motion carried 6-0. 5.2. Home Occupations  Ordinance Amendment, Case No. OA 19-03 Mr. Leeseberg presented the staff report. He distributed an updated draft ordinance modifying language for section 30-801(f) regarding revocation or expiration of a conditional home occupation permit, stating to refer to Section 30-656. Commissioner Jordan thanked Mr. Leeseberg for contacting other cities to review their ordinance language. He asked how he saw the difference between the two cities, Anoka and Rogers, in regards to “no significant increase in noise” versus “no noise.” He asked why. Mr. Leeseberg stated staff combined the language of both cities and used the words “no noise” as the other phrase “no significant increase in noise” tends to be subjective. Commissioner Rydberg agreed it would seem subjective if one says “no significant increase in noise” as one would require a baseline to compare to. Commissioner Jordan stated in a townhome setting, teaching piano lessons, saying “no noise” seems pretty hard to do and sound would still be heard through townhome walls. He stated by saying “no significant increase in levels of noise” seems to accommodate that. He feels saying “no noise” is so restrictive that a persnickety neighbor says “I heard noise, I’m calling the cops” and feels some level of subjectivity on this. He stated he prefers this language as he feels it’s less restrictive than saying “no noise.” Mr. Leeseberg stated staff prefers more definitive numbers and reminded the commission that a conditional use permit can be obtained should a neighbor object to noises coming from the residence. Chair Johnson stated he prefers “no noise” language and felt someone shouldn’t know their neighbors have a home occupation occurring in a residence. Planning Commission Page 3 April 23, 2019 ----------------------------- Commissioner Jordan stated he was looking for real definition and who is the city to say the neighbor takes precedence over the person with the permit; and feels it could be used against a neighbor. Commissioner Larson-Vito noted that’s why the Conditional Use Permit process was in place to address those situations. Councilmember Ovall asked if staff found if piano instructors needed a CUP in other cities. Mr. Leeseberg stated he didn’t investigate that far into other city’s ordinances. Commissioner Larson-Vito reiterated that the CUP process is there to address those opportunities and the city isn’t driving around looking for problems. It would be complaint-driven as seen in other types of permits requests. She feels the no noise is reasonable for the permitted use occupation, very cut and dry, and easy to enforce. Commissioner Thiel stated he is in support of the language as it is written and appreciated staff’s willingness to go back and review other city’s ordinance language. Councilmember Ovall asked a question regarding if a complaint is lodged against someone with a permitted use occupation would the CUP process be explained as an alternative. Mr. Leeseberg stated yes, it would. Commissioner Larson-Vito explained the CUP process would provide conditions to mitigate those things on a case-by-case basis. Chair Johnson noted the public hearing had been opened and continued, and asked if anyone wanted to speak. There being no one to speak, Chair Johnson closed the public hearing. Commissioner Rydberg asked about clarification about (a) within a dwelling unit – what qualifies as a dwelling unit. He stated the attached garage does not qualify as a dwelling unit. He felt that should be included in the definition. Commissioner Feinstein arrived (6:49 p.m.) Mr. Leeseberg stated the definition of a dwelling unit can be included but it’s already included in the definitions. He stated they will take a look at it and modify if needed. Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to approve the Ordinance Amendment for Home Occupations as outlined in the staff report. Motion carried 7-0. Planning Commission Page 4 April 23, 2019 ----------------------------- 6. General Business There was no general business. 7.1 City Council Liaison Update Councilmember Ovall updated the commission on the council and staff strategic planning meeting earlier in the afternoon to discuss short, medium, and long-term plans. He stated along with reviewing institutional uses this evening, they may be looking at some other discussions with the commercial reserve transition (CRT) ordinance. The Commission recessed at 6:52 p.m. and reconvened at 6:52 p.m. to go into work session. 8.1 Institutional Uses Mr. Leeseberg and Mr. Carlton presented the staff report. Commissioner Larson-Vito noted in light of the recent Res Care application, it makes sense to separate the definitions of institutional, religious, health care, and educational uses. She stated she is interested in the city attorney’s review of the definitions to avoid litigation and discussed the state immediately overturning ordinances regarding sex offenders in the city of Dayton. She asked about assisted living and nursing home definitions, noting we currently don’t allow these facilities in some high density areas and wondered if that should be reconsidered. Mr. Carlton discussed the proposed definition of health care facility and how some definitions are laid out on how the facility is licensed by the state. He stated the city of Maple Grove uses a very similar definition. He stated it lumps what our group home definition is and is copied from state statute. He stated this adds Res Care type facilities as a group home, noting they are a permitted use for up to six beds and requiring a Conditional Use Permit (CUP) for 7-16 beds. Commissioner Jordan asked where Res Care would have fit in our definitions. Mr. Carlton stated they would fit the definition of a residential facility requiring a CUP since their request was for 16 beds. Anything under six beds, Res Care would have been a permitted use. Commissioner Larson-Vito asked if a nursing home would fall under the definition of inpatient health care facility. She stated the city currently allows this in commercial, industrial, and retail districts, which to her doesn’t seem like the best use of those properties. She feels there should be some distinguishing between a hospital and assisted care facility. She noted current facilities with this definition are located in higher density areas, such as the Guardian Angels facility and Elk River Senior Living. Planning Commission Page 5 April 23, 2019 ----------------------------- Mr. Carlton stated the intention of a residential health care facility refers to how it’s licensed with the state under the state statute referring to group homes and adult day cares. It was the consensus of the Planning Commission to allow residential health care facilities as a permitted or conditional use in a high density area. Commissioner Larson-Vito asked if there’s any location in the city that allows religious or educational institutions without a CUP. Mr. Carlton stated all such requests require a CUP, noting there’s more traffic in those uses, especially in residential districts, which are largely single family neighborhoods. Chair Johnson asked if a CUP is required for nursing homes/assisted living as a CUP in industrial/commercial areas or FAST (G), (H), and (I) areas as a conditional use. He asked specifically for this use in the former Saxon building. Mr. Carlton stated this use would not be allowed in industrial/commercial areas, and the former Saxon building is zoned FAST (A), it currently isn’t allowed. Chair Johnson stated he could see the Saxon building as high density and asked if it could be allowed as a permitted use. Mr. Carlton stated currently the former Saxon site would be considered an institutional use and allowed with a CUP under today’s rules. Commissioner Rydberg noted the downtown district (DD) needs more guidance. Mr. Carlton stated currently churches are only a permitted institutional use as the ordinance was written today with no limit in the number of churches. He stated the Council’s direction last year was to leave the ordinance as is, with churches as the only permitted institutional use; schools or inpatient medical facilities are not permitted. Councilmember Ovall confirmed and stated there is no clear direction from Council but there is a willingness to consider other options in the future. He indicated he and Mayor Dietz would like that but wasn’t sure of Councilmember Westgaard and Councilmember Christianson’s opinion, noting Councilmember Wagner would stick with the status quo. He stated the Council needs to figure out their clear vision of what they want downtown to be, noting multiple commissions are also reviewing the same and they require more direction. Commissioner Rydberg indicated there really isn’t enough downtown space to accommodate these large types of uses compared to other downtowns that have several blocks that are considered a downtown district. Planning Commission Page 6 April 23, 2019 ----------------------------- Commissioner Larson-Vito indicated there has been expansion of uses in downtown, but her opinion would be they keep downtown commercial and residential only. She said it important to maintain our city’s vision to keep a downtown that’s open on the weekends. Councilmember Ovall discussed a recent polling he did of downtown businesses with results indicating positive feedback to consider residential facility/housing in the downtown. It was the consensus of the commission to recommend no religious uses in downtown, and allow churches in commercial districts as a secondary use. Mr. Carlton discussed secondary use (SU) for use by churches in commercial districts, where the primary use is a commercial service or retail opportunity. The consensus of the commission was to support secondary use for a church in commercial districts. Councilmember Ovall requested staff review religious organizations being a protected class, noting a situation in the city of St. Michael for a church attempting to purchase a former movie theater to use as a religious institution. Mr. Carlton stated these definitions will be reviewed by the city attorney. It was the consensus of the commission to keep educational uses in residential areas and not allow in commercial districts. It was the consensus of the commission to have assisted living/nursing homes in high density residential area and separate out their definitions from hospitals. It was the consensus of the commission to allow residential facilities as a permitted use if housing 1-6 beds and conditional use for housing 7-16 beds. It was the consensus of the commission to revise the definition for residential facility and review the definition of medical treatment. The question was does rehabilitation and habilitation fall into the term medical acts. Staff will return with further information. 9. Adjournment The meeting was adjourned at 7:16 p.m. Minutes prepared by Jennifer Green. Planning Commission Page 7 April 23, 2019 ----------------------------- ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair