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3.1. DRAFT MINUTES 06-25-2019 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, May 28, 2019 Members Present: Chair Eric Johnson, Commissioners Alexander Feinstein, Jill Larson- Vito, Robert Rydberg, and Brad Thiel Members Absent: Commissioner Perry Beise and John Jordan Also Present: City Council Liaison Nate Ovall 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 6:46 p.m. by Chair Johnson. 2. Consider May 28, 2019, Planning Commission Agenda Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the May 28, 2019, Planning Commission agenda. Motion carried 5-0. 3. Consider April 23, 2019, Planning Commission Minutes Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the April 23, 2019, Planning Commission minutes. Motion carried 5-0. 4.1. Pines at Elk River, LLC  Zone Change from Business Park (BP) to Planned Unit Development (PUD.), Case No. ZC 19-02  Conditional Use Permit for P.U.D., Case No. CU 19-08  Preliminary Plat for a townhome development to be known as Tall Pines P.U.D. Second Addition, Case No. P 19-04 Mr. Carlton presented the staff report. Commissioner Larson-Vito asked about wetland concerns and ensuring there wouldn’t be variance requests from property owners requesting to build decks. Mr. Carlton stated it would be clear via the P.U.D. agreement that there would be no additional impacts permitted beyond the 25’ wetland buffer. He further stated the Wetland Conservation Act (WCA) allows a “de Minimis” impact (filling a certain portion of wetlands via state approval process without having to do offsite Planning Commission Page 2 May 28, 2019 ----------------------------- improvements or through wetland banking credits) and if they went that route, they could meet the full 45’ setback. He stated after discussions with environmental staff, it didn’t make sense to fill wetlands and will work with the applicant to maintain the wetland that’s there. Commissioner Larson-Vito asked how wetland setback information gets passed onto residents. Mr. Carlton stated this would be clearly documented in the development plan. He stated they could also put easements over the project. Commissioner Rydberg asked if staff had received any comment from surrounding residents or businesses. Mr. Carlton stated he had received no comments to date. Councilmember Ovall asked if this item was heard at the Parks and Recreation Commission for review of park dedication. He also asked about greenscaping and landscaping requirements. Mr. Carlton stated this item was heard at the Parks and Recreation Commission and they asked for park dedication in the form of cash for each new lot being created. He stated the developer will follow the R3 townhome design standards, which include two street trees and shrubs on each lot, as well as treat the stormwater so there’s no increase in runoff of the site. Mr. Carlton stated he has discussed with the applicant to add additional screening along the north side of the property. Chair Johnson asked if there was any discussion about screening along Twin Lakes Road. Mr. Carlton stated there was no discussion regarding screening along Twin Lakes Road. Chair Johnson opened the public hearing. th Mark Luniewski, 67 5 St. NW, owns a property northwest of the subject property and had concerns with the affect the new development would have on the culvert in his back yard that goes under Line Avenue. He also had concerns with the traffic at th Line Avenue and 5 Street, noting the increase in homes would increase vehicle traffic and requested the city add the cul-de-sac to the end of Line Avenue and cut off the through traffic. Mr. Carlton stated any drainage patterns that currently exist needs to be maintained and this will be addressed in the development’s stormwater plan. He stated there will not be any increase in runoff rate or volume and the stormwater pond on the proposed property will collect any rain runoff. There being no one else to speak, Chair Johnson closed the public hearing. Planning Commission Page 3 May 28, 2019 ----------------------------- Chair Johnson stated there are many unknowns with traffic patterns and adding 40 new homes may not be the right choice for this parcel until some of those traffic concerns are addressed. He stated he would like to add a condition for screening on the Twin Lakes Road side of the property. Commissioner Larson-Vito asked about traffic alleviation options. Mr. Carlton stated as of today, Highway 169 draft plans are not complete and although staff is hopeful for plans in the very near future, it’s not guaranteed we’ll receive them in time for the June 25th Planning Commission meeting. He stated because we are still within the 120 day timeframe for reviewing CUPs and plats, perhaps continuing this item for another month will allow time to see if we can get MnDOTs analysis and plans, but there’s no guarantee we’ll receive them. He stated the timeframe of construction of the cul-de-sac, which was recommended by the city engineer but withdrawn to consider Highway 169 changes, isn’t known but will probably be the best solution if its installation works with reviewing the MnDOT plans. Chair Johnson stated he felt until we have concrete options with traffic alleviation, it is difficult to recommend approval of this proposal. Commissioner Larson-Vito stated the MnDOT plans wouldn’t even need to be known but at the very least some contingency plans would be helpful. Roger Derrick, the developer, stated he’s been in lengthy discussions with staff regarding the future Highway 169 plans and the possible effect on Line Avenue. He stated the development itself can’t really be modified but if this development is approved by the council, Line Avenue can stay like it is or it can be ended with a cul- de-sac, and therefore would require him dedicating right-of-way to the city to create this change. He stated waiting another few months wouldn’t change anything for this project. Chair Johnson stated his concern is the property is currently zoned Business Park, which if developed would create less traffic than approving a project that would build 40 new homes. Commissioner Larson-Vito agreed but even with the recent approval of another high density property in the area, there would still be complaints about the traffic on Line Avenue regardless of any property density. Mr. Derrick argued that there was less traffic than expected with the recently completed West Oaks development, having built the same type of detached townhomes, but the residents purchasing these properties are not families with kids, they are empty nesters and older, and therefore less vehicle traffic. Chair Johnson still felt that until they have more concrete plans from MnDOT, it would be difficult to approve this project. Planning Commission Page 4 May 28, 2019 ----------------------------- Commissioner Larson-Vito asked if there were any other options from MnDOT to consider that Mr. Carlton was aware of. Mr. Carlton explained a possible scenario of the cul-de-sac not being installed is if the proposed grades don’t facilitate the connection of Line Avenue and Main Street, and that intersection would be pushed further to the east, or eliminated. Commissioner Rydberg stated the known traffic issues are being addressed whether or not this development is approved. He doesn’t have a problem with the development as proposed. Councilmember Ovall asked if Mr. Carlton was aware of any additional allocations of funds as part of the project to assist in Line Avenue traffic alleviation. Mr. Carlton stated the city engineer would know the funding side of this project as he did not know. Chair Johnson stated regardless of the unknowns with traffic, he would like to add a condition of east side landscaping along Twin Lakes Road. Moved by Commissioner Larson-Vito and seconded by Commissioner Rydberg to recommend approval of the Zone Change from Business Park (BP) to Planned Unit Development (PUD) with the following condition: 1. A PUD agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 4-1 with Chair Johnson opposing. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the Conditional Use Permit for a Planned Unit Development (P.U.D.) with the following conditions: 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. A grading permit from Sherburne County is required for work adjacent the Twin Lakes Road (CSAH 13). 3. Continue to work with the city to ensure compliance with fire lane and emergency vehicle access requirements. 4. Submit plan profile sheets and connection details for sewer and water system additions. 5. Approval of a parking diagram illustrating a minimum of 1 off-street (Public ROW) parking space per two units. 6. Update the site plan to remove all encroachments within the 25 foot wetland buffer. 7. A homeowners association must be established, subject to review and approval of the city attorney, and shall be responsible for all, landscaping, snow clearing, and regular maintenance of private drives and driveways. Planning Commission Page 5 May 28, 2019 ----------------------------- 8. Submit an updated landscaping plan showing additional screening along the north property line. 9. Submit elevations of townhome exteriors which demonstrate variation in building materials. Twenty-five percent of the front building façade shall have an exterior finish of brick, stucco, or natural/artificial stone. 10. Adjacent homes shall not have the same color pallet 11. No more than two of the same façade shall be adjacent to one another. 12. Mailboxes shall be located on the private street. 13. Add screening to the east side of the development along Twin Lakes Road. Motion carried 4-1 with Chair Johnson opposing. Moved by Commissioner Larson Vito and seconded by Commissioner Rydberg to recommend approval of the Preliminary Plat of Tall Pines Second Addition P.U.D. with the following condition: 1. Update the preliminary plat to include right-of-way dedication for a cul- de-sac on Line Ave. Motion carried 4-1 with Chair Johnson opposing. 4.2. Copart of Connecticut, Inc.  Conditional Use Permit to Operate a Salvage Yard, Case No. IU 19-02 Mr. Carlton presented the staff report. Chair Johnson opened the public hearing. John Blenker, Project Engineer at Westwood Professional Services, wanted to clarify the applicant’s process and noted they are not operating a salvage yard, and asked for clarification of the definition of salvage yard. Commissioner Larson-Vito asked Mr. Blenker if Copart had any issues with the proposed conditions, noting even if they aren’t parting out cars, they’re still smashed cars that could have the potential to leak fluids and cause environmental concerns. Mr. Blenker stated if the city sees fit to recommend these conditions, they will comply with those conditions. Mr. Carlton explained the definition of salvage yard and stated he had emailed this earlier in the day to representatives at Copart. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Larson-Vito stated she had no concerns with the proposed conditions if the applicant is comfortable with adhering to them. Planning Commission Page 6 May 28, 2019 ----------------------------- Chair Johnson asked if adding a salvage yard along the railway adheres to the Comprehensive Plan and the goals of beautification of the city. He stated an 8’ fence isn’t going to cover what would be seen from a commuter railcar. He would like to see more serious screening by adding mature trees along the entire fence line along the railway. He didn’t agree with Applicable Regulation #2 - Consistent with the Comprehensive Plan, knowing that some of what’s in the plan calls for beautification along the main corridors. Mr. Carlton stated this property is zoned I-3, guided for industrial use in the Comprehensive Plan, and from a beautification perspective, asked if the suggested landscaping condition would be sufficient to satisfy regulation #2. Chair Johnson stated at the bare minimum it would. Commissioner Feinstein asked about Condition #6 and wondered if there was any recourse when dealing with the approval of the type of screen fencing. Mr. Carlton explained the condition and requirements of the screening for approval of the CUP. Commissioner Larson-Vito asked if there were any other mature trees already along the rail corridor. She stated she could see the need for that for this type of use, but there were many other uses in the I-3 that wouldn’t require screening with trees. Commissioner Rydberg asked because they’ve had many discussions about traffic routes along Highway 10 and aesthetics, was the Commission reaching a little bit with adding a condition of having mature trees and making ourselves untenable to developers by extending that thinking to the rail line. He gave the example of neighboring communities, towards Minneapolis, that are unattractive from the railway. Chair Johnson stated those areas exist because someone allowed that type of use, noting there are other types of industrial uses that would fit this zone and wouldn’t require this level of screening. Chair Johnson stated he would like to see the condition added to this approval of adding mature tree screening along the rail corridor. Commissioner Feinstein wondered if increasing the height of fence screening would be helpful. After discussion, it was decided that it would not. Chair Johnson also discussed adding a condition that no cars be parted out on the property because the applicant stated that was not an intended activity. After discussion, the Planning Commission determined that per the city’s definition of salvage yard, adding that condition would go against the definition of salvage yard, and the area is zoned I-3 with salvage yards allowed. Planning Commission Page 7 May 28, 2019 ----------------------------- Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the Conditional Use Permit to Operate a Salvage Yard with the following conditions: 1. Update the site plan to show the presence of an approved surface (bituminous, class 5, or concrete) on all driving and parking areas. 2. Schedule a site visit with the Building Official and Fire Marshal to review the existing building and complete any required code updates. 3. Update submitted plans to demonstrate compliance with state and local stormwater management requirements. 4. Submit documentation showing compliance with all Minnesota Pollution Control standards for a salvage yard. 5. Submit a copy of the salvage yard license issued by Sherburne County. 6. Increase the 100% opaque fence height to eight feet along Jarvis Street and for 500 feet along the railroad. The remaining 100% opaque perimeter fencing shall be no less than 6 feet. Submit an example of the proposed screening for review and approval. 7. All fencing shall be dark green in color in order to reduce visual impacts around the property. Final color must be approved by city staff. 8. Add mature tree screening along the railway corridor. Motion carried 4-1 with Commissioner Rydberg opposing. 4.3. Karen Randall – 19101 Zebulon St. NW  Conditional Use Permit for Private Kennel, Case No. CU 19-02 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Brook Blomker, 19153 Zebulon St. NW – stated she lives two houses north of the applicant and was opposed to the approval of the CUP. She stated she shares similar concerns as those who wrote letters opposing the approval of the CUP and feels it causes problems with her enjoyment of her property and the neighborhood, hearing them bark especially at night. She was opposed to allowing a dog breeder in a residential area and asked for explanation of animal units. Chair Johnson clarified the applicant was not breeding dogs or adding additional animals but rather this CUP would bring them into compliance with the number of dogs they currently have on their property. Karen Randall, the applicant, explained she has 9 dogs in her possession and is not a breeder. She stated it’s unusual for her to leave any of the dogs outside at night. She indicated there was no more construction occurring on her property. She stated the animals are well cared for and healthy. Planning Commission Page 8 May 28, 2019 ----------------------------- Jim Tonn, 19079 Waco St. NW – stated he lives east of the applicant’s property and is opposed to the approval of the CUP. He stated he hears her dogs barking and finds it an irritant to him. He expressed concerns with the number of dogs and animal waste, the exercise of the dogs, and felt the reason for the dogs barking is because they are hungry. st Doug Larson, 14304 191 Ave., lives northeast of the applicant’s property and is opposed to the approval of the CUP. He stated he is deaf but his wife is very much able to hear and states she hears dogs barking all the time. He asked who monitors how many dogs residents are supposed to have and will they have surprise inspections to keep this property in compliance. He stated if the city isn’t doing that, we aren’t serving the needs of the residents and stated if this request was in your back yards, you wouldn’t approve it. Mr. Leeseberg stated he believes the police department’s community service officer inspects the kennels yearly for compliance. He indicated most ordinances are complaint-driven because of the lack of staff to monitor. Chair Johnson stated when a CUP is in violation the conditions imposed or the city’s noise ordinance, residents are encouraged to contact the police to lodge a complaint. Mr. Larson explained the history about the property owners not complying with other ordinances and didn’t expect them to comply with this CUP or the noise ordinance. He stated he shouldn’t have to monitor his neighbor every day to ensure she’s in compliance. th Mark Anderson, 19075 146 St. – stated he lives west of the applicant’s property and is opposed to the approval of the CUP. He stated he has heard a lot of barking but has been polite and not reported it. He asked since there’s already an ordinance in place that isn’t being followed, extending a CUP to allow it to continue is insane in his opinion. Ms. Blomker asked questions regarding the ordinance for a nuisance animal and was told any complaints need to be called into the police department. She read aloud section 10-7 Noisy Animals of the city ordinance. Debra Bertilson, 19078 Waco St. NW – lives behind the applicant and is opposed to the approval of the CUP. She asked if this was a rescue or nonprofit business. She asked if the applicant wasn’t in compliance, why she is allowed to come into compliance. Ms. Bertilson stated she hears the dogs barking all the time and has for years. She felt as a good neighbor, you don’t call the police but it remains a detriment to their neighborhood and enjoyment. She stated it was their mistake for not calling police. Commissioner Larson-Vito explained the CUP process. Planning Commission Page 9 May 28, 2019 ----------------------------- Keith Eberl, 19091 Zebulon St. NW – stated he lives next door to the applicant and doesn’t feel this is that big of an issue. He hears other dogs in the neighborhood on a daily basis. Renee Rohde, 19091 Zebulon St. NW– stated she also lives next door to the applicant and explained she has heard dogs barking but has never even seen her two big dogs and never hears the dogs barking inside the applicant’s house. She stated she has never felt afraid or intimated to knock on her door. She requested to consider all the dogs in the neighborhood and not just her dogs. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Larson-Vito explained the approval of the CUP follows the property, not the person applying, and she always considers who may be living at this property in 10 years. On that basis, she is recommending denial because it’s cumbersome to enforce and that burden shouldn’t be placed on the neighbors. She stated even if it’s on a rural property and some have been approved, it comes down to regulations 1 and 5 not being met. Chair Johnson stated even if the conditions are not being met or an ordinance is violated, the CUP can be revoked. He explained he feels some safeguards are in place and it’s a situation that already exists today and they are asking it be brought into compliance. He stated it’s tough when there are no police complaints and has a hard time justifying a denial based on the feedback they’ve received. Commissioner Rydberg stated he agrees with Commissioner Larson-Vito, basically expanding what the normal household rules are and the Planning Commission has a duty to review that. He stated he hasn’t heard overwhelming support of the mitigation of the animals. He didn’t feel this was an appropriate CUP for this neighborhood. Commissioner Feinstein stated there have also been positive comments from neighbors. Commissioner Thiel stated this CUP gives more protection in a way than someone with 5 very noisy dogs, without a CUP, and was in support of approving the CUP. Commissioner Larson-Vito asked how Code Enforcement will document these conditions and realistically what does compliance look like. She stated she wondered that with a lot of things that have conditions and what would Peter Beck say. Mr. Carlton stated this would be a great conversation to have with Peter Beck. He stated a condition could be added for 6 annual inspections. He stated a lot of our codes are up to either city staff or a resident witnessing a violation. He said having these conditions in place gives us the mechanism to stop by and monitor the property to inspect and verify they are being complied with beyond the norm. Planning Commission Page 10 May 28, 2019 ----------------------------- Chair Johnson stated if a violation is called out, the property will also be evaluated for any other violations. Mr. Carlton stated generally those other violations will be documented. The revocation process can occur at any time there are violations of specific ordinances based upon a record of violation. Councilmember Ovall asked questions about the nuisance standard. Mr. Carlton stated police calls need to be made to proceed with a nuisance abatement procedure to confirm a nuisance is occurring and thereby documented. Moved by Commissioner Thiel and seconded by Commissioner Feinstein to recommend approval of the Conditional Use Permit allowing a private kennel as requested by Karen Randall with the following conditions to satisfy the standards set forth in Section 30-654: 1. The private kennel shall be limited to thirteen (13) animal units. Additional animal units will require an amendment to the Conditional Use Permit. 2. No more than six (6) animal units shall be allowed outdoors at one time. 3. The removal of animal waste shall comply with Section 10-9. All on- site waste shall be picked up and properly disposed of two (2) times a week. 4. All dog waste shall be cleaned up immediately when dogs are off-site. 5. The applicant shall receive a private kennel license from the city. 6. No more than two (2) animals per supervisor shall be allowed outside of the fenced area. 7. 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. Motion carried 3-2 with Commissioners Larson-Vito and Rydberg opposing. th 4.4. Evans Park, Inc. DBA Guardian Angels By The Lake – 13439 195 Ln. NW  Conditional Use Permit to amend the Planned Unit Development Agreement and allow construction of an accessory structure, Case No. CU 19-07 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 Rydberg and seconded by Commissioner Feinstein to recommend approval of the Conditional Use Permit to amend the Planned Planning Commission Page 11 May 28, 2019 ----------------------------- Unit Development Agreement and allow construction of an accessory structure Motion carried 5-0. 4.5 East Central Sports – 16501 U.S. Highway 10  Conditional Use Permit to allow Motor Vehicle Sales, Case No. CU 19-05 Mr. Leeseberg presented the staff report. Commissioner Larson-Vito asked for clarification about outdoor storage and licensing of vehicles. Mr. Leeseberg explained the request was to allow motor vehicle sales. Commissioner Ovall asked if the property owner is aware of these conditions. Chair Johnson opened the public hearing. Mac Johnston, owner of East Central Sports, stated he doesn’t want to take away from the property owner’s business by his application generating the MnDOT requirement of removing highway access. Chair Johnson stated MnDOT would eventually require this closure in the future. He asked if the property owner was aware of the MnDOT requirements. It was confirmed the property owner Richard Hetland was notified of these conditions. There being no one else present to speak, Chair Johnson closed the public hearing. Moved by Commissioner Feinstein and seconded by Commissioner Thiel to approve the request by East Central Sports of a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. All three parcels be combined into a single parcel. 2. Access to U.S. Highways 10/169 shall be removed and the area of the former driveway should be re-sloped or graded to match the existing grade. 3. The existing access onto 165th Avenue shall be relocated 125 feet to the east on 165th Avenue. The location shall be approved by the city. Motion carried 5-0. 4.6 Three Rivers Montessori Charter School – 1304 Main St. NW  Interim Use Permit for Institutional Use (School) inside Elk River United Methodist Church, Case No. IU 19-01 Planning Commission Page 12 May 28, 2019 ----------------------------- Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Pastor David Doppenberg addressed the Planning Commission and explained they are receiving bids to update the sprinkler system to sprinkle the whole building and update the handicapped accessibility. He stated this is a tight time frame and explained that’s why the updated request is asking for a 6 year interim use permit. Commissioner Rydberg asked if this was a tenant/lease situation or is the school a part of the church. Pastor Doppenberg stated it’s a public school with a lease agreement. Leah Studaker – 19680 Ironton Circle, stated she is the founding board chair for Three Rivers Montessori Charter School. She stated over 150 families have applied to attend the school and are committed to this type of education. She introduced the school’s director who is from Ireland. She appreciates being able to form the roots of this great educational opportunity. There being no one else present to speak, Chair Johnson closed the public hearing. Commissioner Larson-Vito stated she is fine extending this IUP for an additional year. Chair Johnson felt it was a good benefit to community, especially in using a space that’s not being used. Moved by Commissioner Larson-Vito and seconded by Commissioner Rydberg to recommend approval of the application for an Interim Use Permit for Institutional Use (School) inside Elk River United Methodist Church, 1304 Main Street, with the following conditions: 1. The Interim Use Permit will expire June 17, 2025. 2. Bus loading and unloading shall occur on Main Street or 4th Street. 3. Parent drop-off and pick-up shall only occur in the parking area of the subject parcel. Motion carried 5-0. 4.7 Ordinance Amendment – City of Elk River  Adding Physical Recreation or Training to MU-ERP District, Case No. OA 19-05 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Planning Commission Page 13 May 28, 2019 ----------------------------- Tonya Rice, 716 Freeport Ave., owns Azitala Yoga, and stated she was moving her studio to a location that didn’t allow this type of use and thereby requesting the amendment. There being no one else present to speak, Chair Johnson closed the public hearing. Moved by Commissioner Feinstein and seconded by Commissioner Larson- Vito recommending approval of Ordinance Amendment Adding Physical Recreation or Training to MU-ERP District as outlined in the staff report. Motion carried 5-0. 4.8 Ordinance Amendment – City of Elk River  Institutional Uses, Case No. OA 19-04 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. Commissioner Larson-Vito asked to remove the term “outpatient facilities” in the definition of “hospital” since it’s already defined. Mr. Leeseberg made that notation. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the Ordinance Amending Institutional Uses as outlined in the staff report and removing the definition of outpatient. Motion carried 5-0. 5. General Business There was no general business. Chair Johnson will be at the June City Council meeting. 6.1 Council Liaison Update Councilmember Ovall updated the Planning Commission on recent items heard at the May City Council meeting and discussed upcoming council budget review and the community multi-use recreational facility. 7. Adjournment The meeting was adjourned at 8:43 p.m. Planning Commission Page 14 May 28, 2019 ----------------------------- Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair