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4. DRAFT PC MINUTES 11-26-2019 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, October 22, 2019 Members Present: Chair Eric Johnson, Commissioners Alexander Feinstein, John Jordan, Jill Larson-Vito, Robert Rydberg, and Brad Thiel Members Absent: None Also Present: City Council Liaison Nate Ovall Staff Present: Planning Manager Zack Carlton 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 6:35 p.m. by Chair Johnson. 2. Consider October 22, 2019, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the October 22, 2019, Planning Commission agenda. Motion carried 7-0. 3. Consider September 24, 2019, Planning Commission Minutes Moved by Commissioner Beise and seconded by Commissioner Feinstein to approve the September 24, 2019, Planning Commission meeting minutes. Motion carried 6-0 with Commissioner Thiel abstaining. 4.1. Sun Rae Apartments LLC / Pat Briggs – 17354 Zane St. NW  Interim Use Permit for indoor storage, Case No. IU 19-03 Mr. Carlton presented the staff report. Commissioner Thiel asked if the interim use would begin upon Council approval. Mr. Carlton stated the use would begin after Council approval and noted that currently, nothing is being stored inside the building. Commissioner Rydberg asked if there are intentions to do any mechanical work on the stored items, which would involve employees on site, or would the items simply be moved in and then out. He also asked if the building will be heated. Planning Commission Page 2 October 22, 2019 ----------------------------- Mr. Carlton stated those are some of the questions requiring clarification but he believes there will be no activity during storage of the items and then they’ll be removed in the spring. He stated this would be cold storage and have no employees and no signage on the building. Commissioner Jordan asked if the parking lot is in shape for public use, and questioned if there was a future use in mind by the user. Mr. Carlton stated the parking lot is in need of work but the user requesting the storage is aware of its condition and doesn’t seem to have concerns. Mr. Carlton stated it’s an interim use because it’s not an allowed use in this building but there is a known end date. He stated interim use permits are allowed under the ordinance as long as it’s generally an authorized use in the surrounding area. Commissioner Larson-Vito wondered if Condition 4 could be modified to include more specifics regarding the building meeting current building codes. She also felt Condition 5 seemed vague. Mr. Carlton stated they could modify both conditions and noted the fire marshal, fire chief, and building inspector were involved in reviewing this site. Commissioner Rydberg asked questions about the sewer and water service, and expressed concerns with cold storage and sprinkler requirements. Mr. Carlton stated sewer and water service was connected at one point and has been shut off at the street. He stated other interior plumbing issues may need to be addressed along with sprinklers being required. Chair Johnson opened the public hearing. nd Brian Follmer, 17698 182 Ave. NW, Big Lake Township, representing the applicant, and stated he spoke with Pat Briggs earlier in the day and clarified it’s strictly cold storage, and Mr. Briggs is trying to get some use out of it because it has been vacant and has been subject to vandalism. They are trying to maintain the building so it doesn’t get run down. He stated there would be no employees. Thomas Price, 17533 US Highway 10, stated he had concerns with a proposed ordinance amendment for this location becoming a car dealership and will reserve his comments for the next item. Ed Retal, 17171 Yale St. NW, president of the Mississippi Ridge Townhome Association, stated he was there speaking on behalf of himself and expressed his concerns for continuing vandalism at the site. He stated it would seem strange to him to store expensive equipment inside a building that has already experienced vandalism and he felt that would attract more vandals unless more security was set up. He stated otherwise, an interim use to the building would not be an objection to Planning Commission Page 3 October 22, 2019 ----------------------------- him but expressed concerns regarding lack of services to the building for sprinklers and therefore is hesitant to approve something in the area. Virginia Olsonoski, 17201 Yale St. NW, feels the property looks in shambles and feels like the city would “open up a can of worms” by allowing storage of equipment inside the building. She felt the building and parking lot needs repair and the property has had multiple police visits due to crime. She didn’t feel the city should support this type of storage at this location as she felt it would only increase crime. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Jordan asked if there was a plan to install a security system. Mr. Carlton stated he wasn’t aware of any plans to install additional security but the commission could consider adding that as a condition. Councilmember Ovall stated he thought there must be some sort of security system in place given the volume of police calls. Mr. Follmer stated there are two cameras on the site and the site is monitored 24/7 with police automatically notified of any activity. Commissioner Rydberg asked Mr. Follmer if there were any arrangements to “dress up” the property to make it appear that it’s not vacant and less attractive to crime. Mr. Follmer stated they have made efforts to “dress up” the property with mowing the grass and killing weeds. He stated the commission would have to address additional façade fix-ups with Mr. Briggs but stated he knows him enough to know Mr. Briggs is making efforts to clean up the property for future use. Commissioner Rydberg asked if Mr. Follmer was aware if the user would be adding any additional security to protect their property stored on the site. Mr. Follmer stated that question would have to be answered by Mr. Briggs at the Council meeting. He wished to assure the neighboring property owners that he and Mr. Briggs are making attempts to improve security of the property, noting due to previous crime break-ins, there is no copper piping or wiring in the building, and deadbolts are in place with two security cameras monitoring the property 24/7. Chair Johnson stated he felt this interim use request would be a good use for the time period specified. Commissioner Larson-Vito stated she would recommend approval but only if the conditions are modified to address fire and building safety codes as well as bringing the property up to city standards that are held to other businesses in the community. Councilmember Ovall asked if there were other businesses that opened for 5 months as a temporary business. Planning Commission Page 4 October 22, 2019 ----------------------------- Commissioner Larson-Vito stated Lefebvre had an interim office structure. Commissioner Rydberg stated this seems the applicant is trying to make some money on the building while it sits vacant. Commissioner Larson-Vito stated the fire code requirements are state requirements. Chair Johnson stated if they don’t approve this IUP then there wouldn’t be any changes made to the building. Commissioner Thiel stated his concerns regarding removal of stored items at the end of the use period and felt approving this IUP may be setting them up for future problems. Chair Johnson stated the permit would have an end date and it would be possible to have some ramifications in place should the end date come and the items aren’t removed. Mr. Carlton noted that city ordinance states a cash deposit held in escrow could be required until the use is determined to be completely terminated. He noted this approach hasn’t been done in the past but is authorized by city code. The applicant could request an extension of the IUP or if needed, the property could be issued a cease and desist order. Commissioner Ovall stated from a tenant perspective, insurance coverage could be an issue if the building isn’t suitable for cold storage to protect the equipment being stored. Mr. Carlton stated the user would probably wish to have their items out of storage come spring to place them for sale. Commissioner Ovall asked if this IUP could be restricted to a single user, where a business would take prudent steps to protect their equipment as opposed to multiple users. Mr. Carlton stated this IUP could be for a single use tenant and a requirement could be imposed for submittal of the lease agreement showing an end date of May 31, 2020. The commission agreed to add Condition 7: The applicant must submit a copy of a lease agreement for a single-use tenant to end May 31, 2020. Commissioner Larson-Vito asked to discuss Condition 5. Mr. Carlton stated the response letter to the applicant would include the comments from the site visit as well as Planning Commission comments. Planning Commission Page 5 October 22, 2019 ----------------------------- Commissioner Rydberg stated this is a five month period for cold storage in a building that’s been vacant for ten years, and felt the commission should be careful packing more conditions with electrical, plumbing, and sprinklers for a five month use for a building that will probably be torn down in the future. Chair Johnson stated as long as they’re meeting state code for cold storage, he’s comfortable with it. Commissioner Larson-Vito stated the building and fire codes should be addressed and the building left in a suitable condition after the temporary use ceases, referencing Applicable Regulation #2. Commissioner Rydberg stated he felt that was overstepping and felt the fire marshal and building inspector comments should be sufficient. Moved by Commissioner Rydberg and seconded by Commissioner Beise to recommend approval of the request by Sun Rae Apartments LLC / Pat Briggs for an Interim Use Permit for indoor storage at 17354 Zane St. NW with the following conditions: 1. The IUP shall expire on May 31, 2020. 2. Staff shall be permitted to conduct an inspection of the building on June 1, 2020, to verify termination of the use. 3. The applicant must submit architectural documentation identifying the building classification and necessary improvements to ensure it meets the designated building classification. 4. Prior to establishment of the use, the Fire Marshal and Fire Chief shall conduct an inspection of the building to review potential fire code issues/concerns. 5. All concerns identified by the site visit or submittal of plans will need to be addressed prior to establishing the use. 6. Outdoor storage shall not be allowed. 7. The applicant must submit a copy of a lease agreement for a single- use tenant to end May 31, 2020. Motion carried 7-0. 4.2. Sun Rae Apartments LLC / Pat Briggs  Ordinance Amendment to allow auto sales in the FAST The Point (A) Zoning District, Case No. OA 19-09 Mr. Carlton presented the staff report. Councilmember Ovall asked if there was a timeline for the access removal along US Highway 10. Mr. Carlton stated MnDOT officials are focused on this area and still determining the improvements and costs involved along this specific area of US Highway 10 as Planning Commission Page 6 October 22, 2019 ----------------------------- well as the affects further into Ramsey and Anoka, and to his knowledge at this time it’s unknown if and when those improvements will occur. Chair Johnson opened the public hearing. Thomas Price – 17533 US Highway 10 – stated he has owned his property since 1978 and is a former assistant Sherburne County attorney. He explained the history of this area near his property along US Highway 10 and asked the Planning Commission to look to the future of this location and its land use, already guided by the FAST plan, and keeps those parameters by not allowing a car sales lot. There being no one else to speak, Chair Johnson closed the public hearing. Chair Johnson stated he was present during the time period when the FAST study and Comprehensive Plan were developed and has a good understanding of why this area was guided to high density residential due to the access points and river location. He stated he didn’t want to stray away from those guidelines. Commissioner Rydberg echoed Chair Johnson’s thoughts and Mr. Price’s comments and stated he is also not in support of straying away from the FAST study guidance. Councilmember Ovall stated he’ll play devil’s advocate and feels indifferent about the lack of action to date and current status of the property. He felt the building’s infrastructure, walls, decking, and parking lot all need work but in the end, the building is still there and sitting empty. He stated if this ordinance was amended to allow car sales, it would open the building back up to what it was originally and would create a rehabbed property. In doing so, he stated the building would be maintained and updated, generating traffic to the area, allowing economic activity by adding jobs and bringing the property back onto the tax rolls. He discussed the challenges of guiding this property to high density housing and requirements of needing TIF funds, and asked the commission to look at it from that angle. Chair Johnson stated while he appreciates that thought process, he felt the appropriate way to handle this approach would be to rezone the entire area rather than adding an ordinance amending this particular parcel, which in turn would make it more of a mixed use area. He stated he isn’t in favor of amending the ordinance now if the city is reviewing the Comprehensive Plan in 2020. Councilmember Ovall stated he couldn’t speak to the traffic volumes and not an expert on that. He did appreciate the comments of Mr. Price and would have liked to have heard from the area homeowners of what they would like to see. Chair Johnson indicated in the past, neighboring homeowners were not in favor of commercial uses in that area. Commissioner Larson-Vito wasn’t in favor of spot zoning and band aid fixing a particular property with the current and future goals of high density housing. She stated she did understand the concerns with this property’s condition but in keeping Planning Commission Page 7 October 22, 2019 ----------------------------- in accordance with the Comprehensive Plan and based upon the information presented today, she stated they should deny this request. Commissioner Thiel agreed with Commissioner Larson-Vito and echoed the comments already made by the other commissioners. Councilmember Ovall asked what different action could be taken for this property being potentially blighted. He stated it’s a drain on city services with the calls for public service for city staff. He stated if they do nothing, there’s the potential this property will be blighted another 5-10 years. Chair Johnson stated he understood where Councilmember Ovall was coming from and suggested he has this discussion with the City Council. He indicated the council makes the ultimate decision but the Planning Commission follows the Comprehensive Plan to make its decisions and how those requests fit into the plan. Mr. Carlton stated the city has seen plans for high density residential proposed for this property and the plans were generally supported by both Planning Commission and City Council. He stated while the mixed use wasn’t included in those plans, the housing possibility and TIF opportunities are still available. He stated land use plans take time and patience, and although none of them were present for this decision, the last time when there was a sense of urgency for a property sitting vacant was when the decision was made allowing an institutional use in a business park zoning district. He stated they are now able to see lessons learned when reacting to a situation very similar to this one. He agreed the Comprehensive Plan study in 2020 will focus specifically on this area and will also include transportation study and urban service updates to best facilitate growth and development. Commissioner Rydberg agreed with Mr. Carlton and while they’ve seen some development plans and proposals presented for this parcel, a review of the plans guided for this area will allow for the necessary reflection and guidance for this area. He indicated he would not be supportive of this ordinance amendment. Moved by Commissioner Beise and seconded by Commissioner Jordan to recommend denial of the request by Sun Rae Apartments LLC / Pat Briggs for an Ordinance Amendment to allow auto sales in the FAST The Point (A) Zoning District as the use is not consistent with the Comprehensive Plan. Motion carried 7-0. 5.1 Council Liaison Update Councilmember Ovall updated the Planning Commission on the council’s review of the upcoming US Highway 169 impacts and the Marvin Ziner Conditional Use Permit denial from the previous evening. The Planning Commission recessed in order to go into work session at 7:25 p.m. Planning Commission Page 8 October 22, 2019 ----------------------------- The meeting reconvened at 7:26 p.m. 6.1. Prime Investment Group – 18746 Troy St. NW  Concept Review for Planned Unit Development (PUD) for 41 single family lots, Case No. CR 19-05 Mr. Carlton presented the staff report. John Peterson, representing his son Greg with Prime Investment Group, explained he would take these comments, along with the comments from the City Council the previous evening, back to Greg. The Planning Commission discussed the proposed development and vehicle traffic through the development, visitor parking, and noting there would be congestion if parking was allowed on both sides of the street. They discussed the Wapiti Campground future plans and traffic traveling in and out of the development. The Planning Commission was not in favor of 50’ lots and the layout of a straight row of homes. A full front-yard setback and limiting the width of the driveway would allow for 4 parking spots. The commission suggested: -65’ lots and allow 15’ between buildings, allowing for better fire protection -Public on-street parking could occur if the road is curved instead of straight -A curved road rather than a straight road -Improvement of Troy Street by trimming the lot depth to allow for camper traffic to Wapiti Campground, which allows for a more attractive neighborhood and less through traffic th -Addition of a cul-de-sac and extension to connect to existing 186 Avenue stub 7. Adjournment The meeting was adjourned at 7:53 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair