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4.4. SR 12-16-2019 E04y1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.4 Agenda Section Meeting Date Prepared by Consent December 16, 2019 Zack Carlton,Planning Manager Item Description Reviewed by Resolution of Findings of Fact: Deny Ordinance Peter Beck, City Attorney Amendment Allowing Auto Sales in The FAST— Reviewed by The Point Zoning District Cal Portner, City Administrator Action Requested Adopt,by motion, a resolution making findings of fact and denying an ordinance amendment allowing auto sales in The FAST—The Point zoning district. Background/Discussion Case No. OA 19-09 On November 18, 2019, the City Council reviewed the Ordinance Amendment request from Sun Rae Apartments, Pat Briggs, to add auto sales (dealerships) as an allowed use in The FAST—The Point zoning district. At the conclusion of that meeting, the City Council directed staff to prepare a resolution making findings of fact denying the amendment as the use is not consistent with the city's Comprehensive Plan. Statutory Review Period In accordance with State Statute §15.99, the required 60-day review period was extended to January 28, 2020. Attachments ■ Resolution making Findings of Fact ■ City Council Memo and Minutes dated November 18, 2019 ■ Planning Commission Minutes dated October 22, 2019 The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 City of Elk City of Elk River Wver City Council Resolution 19- A Resolution of the City Council of the City of Elk River Denying the Request for an Ordinance Amendment to Allow Auto Sales as a Conditional Use in the FAST - The Point Zoning District WHEREAS, Pat Briggs, Sun Rae Apartments, LLC, ("Applicant"),has applied ("Application") for an Ordinance Amendment (Case No. OA 19-09) to add Auto Sales (Dealership) as a Conditional Use in the "FAST—The Point" zoning district; and WHEREAS, the record in this matter shall include all of the materials submitted to the Planning Commission and City Council in connection with the September 30, 2019, Ordinance Amendment Application;including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and City Council, and all staff presentations and other testimony taken at the public meetings considering the Application for the Ordinance Amendment, all of which is incorporated in and made a part of the findings of fact and this resolution; and WHEREAS, the Planning Commission held a public hearing on October 22, 2019, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Application; and WHEREAS, the Planning Commission recommended denial of the Application; and WHEREAS, the City Council held a public hearing on November 18, 2019, to receive testimony and evidence from city staff, the Applicant and any other persons regarding whether the Application should be approved; and WHEREAS, the Applicant and all others wishing to speak were given numerous opportunities to present testimony to the Planning Commission and City Council; and WHEREAS, the City Council, at the conclusion of its November 18, 2019,public hearing on the Applicant's Application, directed staff to prepare a resolution making findings of fact denying the Application as the use is not consistent with the city's Comprehensive Plan. NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Application by Pat Briggs, Sun Rae Apartments, LLC,for an ordinance amendment to add Auto Sales (dealership) as a Conditional Use in the "FAST—The Point" zoning NATUREJ FINDINGS OF FACT 1. The FAST—The Point Zoning District was established on September 6, 2016, upon approval of the zone change and ordinance amendment by the City Council of Elk River. 2. The list of allowed uses did not include automobile sales (dealerships) as a permitted, conditional, or accessory use in the FAST—The Point zoning district, and no permitted or non-permitted automobile sale uses existed within the zoning district at the time of adoption. 3. Establishment of the FAST Zoning District is consistent with the land use guidance of High Density Residential provided by the Comprehensive Plan, adopted May 19, 2014, and the 171"Avenue Focused Area Study (FAST) small area plan, adopted June 2, 2010. 4. On September 30, 2019, the Applicant submitted an Ordinance Amendment application, Case No. OA 19-09. The application was deemed complete and scheduled for review by the Planning Commission and City Council. 5. Ordinance Amendments relating to land use and zoning are reviewed by the Planning Commission and City Council and are evaluated based on consistency with the guidance in the Comprehensive Plan. 6. The Planning Commission reviewed the Application on October 22, 2019, and voted 7-0 to deny the Application as the proposed auto sales use was not consistent with the Comprehensive Plan's guidance for High Density Residential uses. 7. On November 18, 2019, the City Council reviewed the Application, and received additional testimony from the applicant. 8. The City Council concurs with the Planning Commission's recommendation and, based on the record generated in these proceedings makes the following findings of fact related to the Ordinance Amendment application: a. Automobile Sales (dealerships) are not consistent with the Comprehensive Plan's guidance for High Density Residential uses in the FAST—The Point zoning district. 9. Taking into consideration all of the testimony and evidence received, the City Council finds that the Applicant has not established that it has met the requirements for approval of an Ordinance Amendment and that it would not be in the public interest to approve the NATUREJ DECISION Therefore, the City Council of the City of Elk River denies the Application for an ordinance amendment to add Auto Sales (dealership) as a Conditional Use in the "FAST—The Point" zoning district,based on the findings of fact set forth above. Passed and adopted this 161h day of December 2019. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREJ /i Elk -�- Request for Action Fiver To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearin November 18, 2019 Zack Carlton,Planning Manager Item Description Reviewed by Ordinance Amendment:Auto Sales in the Focus Chris Leeseber , Senior Planner Area Study-The Point (A) Zoning District Reviewed by Cal Portner, City Administrator Action Requested Direct,by motion,the preparation of a finding of fact denying the proposed ordinance amendment as the use is not consistent with the Comprehensive Plan. The resolution would return to the City Council for adoption on December 16, 2019. Background/Discussion The applicant, Sun Rae Apartments LLC,has requested approval " SCR 33 of an ordinance amendment that would allow auto sales at the former Saxon Motors property. The property previously operated =' as an auto dealership,but has not had an authorized use for nearly z 10 years. RR The property was included in the Focused Area Study (FAST) boundary in 2010, and subsequently guided for high density - CR iz residential uses. The Comprehensive Plan,updated in 2014, formally adopted the FAST guidance into the Land Use plan, and ^� the city rezoned all properties within the FAST land use district in 2016 to be consistent with the guidance from both documents. �P ti Applicable Regulation 'Q,69 In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation ofproperty values, the use to which theproperty affected is being Figure i devoted at the time, and relevantprovisions, if any, in the land use plan. Nothing of significance in the area has changed since approval of the FAST plan in 2010, adoption of the Comprehensive Plan in 2014, or rezoning of the property in 2016 to facilitate an amendment to allow a high impact commercial use on a property guided for residential. Staff and the Planning Commission do not support changing the ordinance as the city has already seen a number of plans showing residential uses are feasible on the property. Additionally, adding auto sales as The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional p Q w E e E o e r service, and community engagement that encourages and inspires prosperity I'm U® an allowed use in a residential district is not the best mechanism to allow the use on this site as the land use still guides the property for residential uses. Planning Commission The Commission held a public hearing on October 22, 2019. One person,an adjacent property owner, spoke and asked the Commission to deny the ordinance amendment. The Commission discussed the need to follow the recommendations of the Comprehensive Plan and the FAST study as that is the best guidance for the property at this time and the plans do not support auto sales on this property. The long-term vacancy of the building was also discussed, noting that the property has become an eyesore for the community. However,the Commission was agreement of the need for patience to develop land in accordance with the Comprehensive Plan and not to make decisions based on an implied sense of urgency. Staff noted the previous decision to allow institutional uses in an industrial area based on the needs of one property owner that was having a difficult time finding a tenant. The Planning Commission was not in favor of an ordinance amendment to allow auto sales in an area guided for high density residential and unanimously recommended denial. Site History Automobile sales were first authorized on this property in 1993 with Conditional Use Permit (CUP) 93- 32. The property was zoned C-3 (Highway Commercial) at the time,which allowed car dealerships with a CUP. An expansion was permitted in 2002 with CUP 02-26. This is the last CUP issued for this property and the both recorded CUP document state "A Conditional Use Permit authorizes only the use specified in the permit and shall expire if, for any reason,the authorized use ceases for more than one (1) year." City records indicate that the dealership closed some time in 2009, and a sheriffs sale for the property was granted September 24, 2010. The property was purchased by a bank February 8, 2011, and the current owner purchased the site October 9, 2014. The property had been zoned C-3 from initial approval of the dealership until it was rezoned to FAST— The Point (High Density Residential) on August 15, 2016. This rezoning eliminated the possibility for auto sales on the property,but it did not"zone out"an existing use on the property as the dealership had been closed for approximately seven years and the CUP had expired. Financial Impact None Statutory Review Period Per State Statute X15.99, the required 60-day review period ends on November 29, 2019. Attachments ■ Planning Commission memo dated October 22, 2019 ■ Draft October 22, 2019, Planning Commission Minutes (partial) Elk Request for Action River To Item Number Planning Commission 4.2 Agenda Section Meeting Date Prepared by Public Hearing October 22, 2019 Zack Carlton,Planning Manager Item Description Reviewed by Sun Rae Apartments LLC / Pat Briggs - 17354 Chris Leeseber , Senior Planner Zane St. NW Reviewed by ■ Ordinance Amendment to allow Auto Sales in the FAST—The Point Zoning District, Case No. OA 19-09 Action Requested Recommend,by motion, denial of the proposed ordinance amendment as the use is not consistent with the Comprehensive Plan. Background/Discussion _ The applicant, Sun Rae Apartments LLC,has requested approval " CR 31 of an ordinance amendment that would allow auto sales at the former Saxon Motors property. The property previously operated as an auto dealership,but has not had an authorized use for nearly 10 years. RR The property was included in the Focused Area Study (FAST) Hwy io boundary in 2010, and subsequently guided for high density - CR iz residential uses. The Comprehensive Plan,updated in 2014, formally adopted the FAST guidance into the Land Use plan, and , the city rezoned all properties within the FAST land use district in 2016 to be consistent with the guidance from both documents. 99 ti Applicable Regulation In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being Figure i devoted at the time, and relevantprovisions, if any, in the land use plan. Nothing of significance in the area has changed since approval of the FAST plan in 2010, adoption of the Comprehensive Plan in 2014, or rezoning of the property in 2016 to facilitate an amendment to allow a high impact commercial use on a property guided for residential. Staff does not support changing the ordinance as the city has already seen a number of plans showing residential uses are feasible on the property. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional p o w E R E o e r service, and community engagement that encourages and inspires prosperity 11NA U R Financial Impact None Statutory Review Period Per State Statute 15.99, the required 60-day review period ends on November 29, 2019. Attachments ■ Location Map ■ Applicant's Narrative ■ City Maps lw u°l Lo w z Y ti r ter• ,n LO _ IV - c +lrkn ` kf', P p � 4—d W7 r. F%JU TES SEP 3 0 2019 Ordinance Amendment Narrative The property was forcefully rezoned, commercial uses are approved for this property. We are requesting to add a dealership to the approved list of uses.The property previously was a dealership. There are several other commercial businesses on the same street and commercial uses are already approved at this location. The benefit of this is that the property becomes occupied and put back into production for commerce. 1 1 9 9 9 • ' • • • • • • I orthstarBusness - Park: - - - Existing business park Open space v enhanceme tS, Qh' The PinnadY i - Near term light C° r Kliever Marsh Industrial and Residential: business park -- -"Existing r"Long term corporate Curesidential campus e Point: y l _ Hillside Hai Nigh Density Housing Urban hillside Riverfront amenity in housing N Attached/stacked 1" residential Open space - "_ connections j (D _ Elk River Station: -� H ice Commercia � "Existin residentia : "Smatf professional office ` Station Area Village: "Small service �' ' -Vertical mixed use "Retail . j `; "Pedestrian enhancements 0 - -Office/Jots focus at fra`a c�`- River West Residential: -Ground level retail r Existing residential "Housing buffered from tracks Office Village: Office showroo "Technology, I -- The Hinge: �. .� �`Eight manufacturing " Community commercial, retail and office Integrate with wetlands "Development orients to new streets -- — _ .165th Avenue East Elk River Gateway: Potentia 't 1020 Destination Retail 1 ° Business Park: Temporary Destination Retail t_ Eco energy focus -Housing along the river '70 x Potential ral!spur Office/Corporation campus a+ - � -_ -Manufacturing ' �Exl ing DF Plant: ;Road ca nectlon eouid " .:Reinvention"far future - come ea liar Site design/leonic ;: 4 architecture - Future DeVeLOPment FrameWOrK Plan --- — f I I F 1 mmu r it S# #ion } I 1 Legend: Existing Residential 55 AC r Higher Density 155 AC — ——— — — —Residential Transit Center 120 AC r 1 r ■ �+ Service J Commercial 35 AC 'r Oeafination Retail 45 AC �I I Temporary Vestinatien 25 AC I Retail i Jabs Area 245 AC + t o i a Open Space 250 AC TOTAL 30 AC Gateway Property _ WAINB,rtt39t3r Camrrlutrr O Rail Station Future Interchange Location 6 r e —_ I °rl 1 Ills 11 to MAR, QIP �A _ !�r �1. �i NIIIIII�- ■I - h�i R _ 11 I �� ffi t�.�fa■ril �I�r7��ig�� �� 5�/�'Sf;`''aa�� � I Iii ��* — ,I,�1��1- I�■ 11 11�_I�I tl ii �I A F ^- fW ■ � nnnrn � u_ I� 1 "in. 711 �e���� �r h .�I.�i i��\► • ■ lin I 11. �nnlq� � s r �al 1 A.5;I F ki ��I_ 6 Wii+ •y - Mill AMR or NOW 11'f ]i �:t, \... 1��►i� � �^ ,'ill ���'' 11 II -. 1111111. •. -'.. �"I+•..p nill����.....f�\ �",�\ .1r' .n 1/I�4 ® ■� Isle ..,. --- was LAND USE e��l li�+lnm _ a . - m Agricultural Research Mississippi Connections € mDevelopment Res- - Mining FAST ® MiI Use — High Density Residential FO-3-1 open space Highway Business Public/Institutional 0 Industrial 0 Residential 0 Landfill DistrictNJ* j �■ 011 1, MENIMMEME ■ . �� _r_I - ^ �� - _��III 7 ................. ��� ��``���� � ■�� �.:� �.�_ ��1_ Ike. u 11 ,lui • II��1 1IE�'�' Y ■V\ �� ��©�� =��,�l,' ES IIY11_�1���� i �a�■�II 1i■1�•���_ ■NEidS i9iy S ■ � �� ■itl�li , Y � ■ 9 �■-----' 4 IUNN �i � 1 h/ m—( I S r rid��c � �3pq' ■� V _ lls Il�mi .'�i11 n�nnm 18M � � � I�f��- ■I e`� Y �, �� FAST Y • �' Pio-� � u� r Im AT m FAST € N I ® a ® —I Sec. 30-1587. - Focused area study (FAST). The focused area study (FAST) district is established to provide land use, architectural, and bulk regulations to the 900 acres of property located on each side of Highway 10/169 between 177th Avenue and 185th Avenue. The FAST is intended to incorporate the findings and recommendations developed from the 171 s`focused area study and as amended from time to time. Because of the diverse range of activities envisioned within the district, all within a common master plan, zoning is regulated through the development of sub-zones. The subzones are: (A) The Point (B) The Pinnacle (C) North Business Park (D) Hillside Heights (E) Office Village (F) River West Residential (G) Hwy 10/169 Service Commercial (H) The Hinge (1) East Elk River Gateway (1) The Point(A) . a. Purpose. Subzone "A" is established to provide an environment for high density residential development and to maximize the recreational and aesthetic benefits of the river. Most development is less than three stories. b. Permitted uses are as follow: 1. Licensed daycare facilities (16 or fewer children). 2. Model homes in compliance with section 30-800. 3. Public parks. 4. Residential, duplexes. 5. Residential, multiple-family. 6. Residential, single-family. 7. Residential, triplexes. 8. State-licensed residential facilities or housing. C. Accessory uses are as follows: 1. Accessory structures (provided the materials are the same as those of the existing principal structure). 2. Public shelters. 3. Signs as permitted in section 30-851 et seq. d. Conditional uses are as follows: 1. Boardinghouses. 2. Business offices. 3. Development of property within the 50-foot setback of the wild and scenic river district. 4. Institutional uses. 5. Licensed day care facilities (17 or more children). 6. Nonprofit clubs. 7. Outpatient health care facilities. 8. Professional offices. 9. Townhomes (maximum 12 units per structure). e. Bulk regulations. Bulk regulations are listed in section 30-1588. f. Architectural standards. Architectural standards are outlined in section 30-938. Planning Commission Page 5 October 22,2019 ----------------------------- Mr. Carlton stated the response letter to the applicant would include the comments from the site visit as well as Planning Commission comments. 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. PB 'N € B FB B NATUREr Planning Commission Page 6 October 22,2019 ----------------------------- Mr. Carlton stated MnDOT officials are very focused on this area and still determining the improvements and costs involved along this specific area of US Highway 10 as 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 that 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. PB 'N € B FB B NATUREr Planning Commission Page 7 October 22,2019 ----------------------------- 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 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. PB 'N € B FB Br NATURE City of• EMeeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday, October 22, 2019 Members Present: Chair Eric Johnson,Commissioners Perry Beise,Alexander Feinstein, John Jordan,Jill Larson-Vito,Robert Rydberg,and Brad Thiel Members Absent: None Also Present: City Council Jiaison Nate Ovall Staff Present: Planning Manager Zack Carlton and Sr. Admin. Assistant/Recording Secretary Jennifer Green 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 6:35 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. Brian Follmer, 17698 182nd 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 r. rtatu tr NAME Planning Commission Page 3 October 22,2019 Shim 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 facade 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. Iiiitu 1r NAME 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. Councihnember 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. NAMEl 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 111EIE1 11 NAME 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 riots i t ATURE Planning Commission Page 7 October 22,2019 Sin 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. rereE sr NAt Planning Commission Page 8 October 22,2019 The meeting reconvened at 7:26 p.m. III 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 Addition of a cul-de-sac and extension to connect to existing 186th Avenue stub III 7. Adjournment The meeting was adjourned at 7:53 p.m. Minutes . - .ared •y Jennifer Green. di Tina Allard City Clerk nc Johnson Planning Commission Chair III ruresia it NATURE