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4.1. DRAFT MINUTES (4 SETS) 04-28-2020 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, January 28, 2020 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 Liaison Nate Ovall Staff Present: Senior Planner Chris Leeseberg and Sr. Admin. Assistant/Recording Secretary Jennifer Green 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider January 28, 2020, Planning Commission Agenda Moved by Commissioner Thiel and seconded by Commissioner Rydberg to approve the January 28, 2020, Planning Commission agenda. Motion carried 7-0. 4. Consider December 17, 2019, Planning Commission Minutes Moved by Commissioner Rydberg and seconded by Commissioner Thiel to approve the December 17, 2019, Planning Commission meeting minutes as presented. Motion carried 7-0. 5.1. Sogdiana LLC / Zafar Khamdamov – 732 Vernon Ave. NW  Zone Change from Single Family Residential (R1-c) to Residential Townhouse/Multi-Family Use (R3), Case No. ZC 19-04 Mr. Leeseberg presented the staff report. Planning Commission Page 2 January 28, 2020 ----------------------------- Chair Johnson indicated the public hearing was still open. There was no one present to speak. Chair Johnson closed the public hearing. Commissioner Rydberg asked if the neighborhood had contacted city staff regarding this request. Mr. Leeseberg indicated he had not received any comments or input from the neighborhood. Commissioner Feinstein asked about the discussion at last month’s Planning Commission meeting with the possibility of a Conditional Use Permit for this request and asked if that route had been discussed with the applicant. Mr. Leeseberg stated he thought an Interim Use Permit (IUP) was briefly discussed at last month’s meeting and stated the feeling he got was the Planning Commission had a preference that they would support two units instead of three or more units in this neighborhood; therefore, the applicant changed his request for rezoning to R2a for only two units. He stated staff did discuss the route of an IUP with the applicant. Chair Johnson stated he felt like the IUP was briefly discussed at the end of their discussion. Mr. Leeseberg stated staff did discuss the rezoning for two units but would not be in support of it for many of the same reasons as presented. Chair Johnson asked if going through the Interim Use Permit process was the best route for the property to allow the property to continue being used as a rental property. Mr. Leeseberg stated he didn’t believe so as he felt the applicant was ok with having two rental units on this property, which is why he chose R2a. He stated the initial request for an R3 zone change had significant design standards and requirements with that zoning district that the applicant didn’t foresee. Councilmember Ovall stated he was confused about the Planning Commission denying the request for a zone change and asked what the applicant was receiving as a solution. Mr. Leeseberg stated it wasn’t staff’s responsibility to give solutions but to base their recommendation on the Zoning Ordinance and Comprehensive Plan, which when applied didn’t guide this property as a rental property. Commissioner Larson-Vito asked if the applicant could have an opportunity to apply for an IUP. Mr. Leeseberg stated the applicant would have to wait for six months to reapply. Planning Commission Page 3 January 28, 2020 ----------------------------- Commissioner Jordan asked if the Planning Commission denied the zone change, what would happen to the people who may currently be living at the property. Mr. Leeseberg stated he believed there were people living in the property. Commissioner Larson-Vito asked if the applicant could be given an opportunity to withdraw the application so he wouldn’t have to wait six months to reapply for an IUP. She stated she is hesitant to deny something that would hold up the applicant reapplying if all the options were presented and discussed and was surprised that the applicant is making this request. Mr. Leeseberg stated they discussed all the options with the applicant, who preferred to only have two units. Chair Johnson stated the way to review this application is they make a recommendation to the City Council and hope the applicant attends the council meeting. Commissioner Ovall again asked why the Planning Commission was recommending denial. Chair Johnson stated the reason they were recommending denial was based upon spot zoning. Commissioner Ovall asked why they discussed allowing two units as an option if they’re not going to recommend approval. Mr. Leeseberg stated the Planning Commission, while not in support of spot zoning, would consider recommending approval of two units and noted staff was not in support of either spot zoning or approval of two units. Commissioner Thiel stated with this, the Planning Commission has to make a recommendation based upon what was presented to them, but the neighborhood is in a single-family neighborhood. He stated he doesn’t feel a strong obligation to figure out a solution for a property owner who had an opportunity to seek due diligence and figure out what he was buying before purchase. Chair Johnson stated this property has been operating under a legal non-conforming use for many years. Commissioner Larson-Vito stated she moved into the neighborhood in 2016 and stated it’s very clear there are two different families living in the property. She stated she wanted to be careful they aren’t making assumptions of the property, asking if there had been any code review of the property. Mr. Leeseberg stated as previously discussed at last month’s meeting, a similar property located across Highway 10 was also set up as a multi-family property, but Planning Commission Page 4 January 28, 2020 ----------------------------- the difference was it had multiple meters, garages, and entrances. He said the Vernon property has never been approved for more than one family residing at the property. Chair Johnson stated the property owner had not pulled any building permits to create a second residence inside the dwelling. Commissioner Beise stated he didn’t feel it was the Planning Commission’s responsibility to allow spot zoning because a property was currently operating as such. Councilmember Ovall stated he perceived language to be somewhat of a barrier for the applicant and asked if the Planning Commission could continue this item so they can determine if the applicant fully understands the implications of his request. He felt the applicant’s behavior and action is not directionally consistent, asking why the applicant would request an R2 zoning with the knowledge that staff and the Planning Commission wouldn’t be in favor of that request. Mr. Leeseberg stated applicants often make requests that aren’t supported by the ordinances approved by the City Council. He stated staff makes recommendations to the Planning Commission based upon the ordinances. The Planning Commission hinted at possibly allowing two units, which is why the applicant modified his request from R3 to R2a, but staff’s recommendation would still be for denial of that request. The Planning Commission discussed the process of making a recommendation of denial, then the applicant could then withdraw the application before the February 18, 2020, City Council meeting. The applicant, Zafar Khamdamov, arrived at 6:45 p.m. Chair Johnson explained to Mr. Khamdamov the process of withdrawing his current application for a zone change, which is permanent to the property, and instead apply for an IUP to request two families to reside at 732 Vernon St. NW, in which the permit will be temporary and be assigned an end date, noting this option is not guaranteed but the best for his situation. Mr. Khamdamov stated he would like to withdraw his current application and will apply for an Interim Use Permit. Mr. Leeseberg stated he will also have Mr. Khamdamov put something in writing. Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan to postpone action on the application by Zafar Khamdamov for a Zone Change from Single Family Residential (R1-c) to Residential Townhouse/Multi-Family Use (R3) or R2a (Two Family Residential) as the applicant has withdrawn the request. Motion carried 7-0. Planning Commission Page 5 January 28, 2020 ----------------------------- 5.2. Robert Kendrick – 931 Elk Ln. NW  Conditional Use Permit to operate a cutting tool sharpening and repair home occupation, Case No. CU 20-02 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Tami Wolcenski, 910 Elk Lane, state they live in a very quiet, isolated neighborhood and she is slightly concerned with noise, increased traffic, and odors of the applicant’s proposed business. She stated she also has severe allergies and any odors can set off an allergic reaction. She stated her other questions were answered during the public hearing. She does welcome him to the neighborhood and looks forward to meeting with him. John Bennett, 112 Elk Hills Dr. NW, stated he lives next door, and he spoke to Mr. Leeseberg regarding the property’s zoning, if there will be signage to drum up business, and what type of machines the applicant will be operating, noting a big grinder may create noise and in a small garage will get hot in the summertime if the doors are required to be closed. He had concerns with the noise and traffic created from this business. Robert Kendrick, the applicant, stated he operated his small business at his residence in St. Cloud, Florida, for 8 years with no neighborhood complaints, noting his music is probably louder than his grinding machines. He explained his machines have dust collectors to prevent breathing in the dust, and an air compressor is used to run a sand blaster. He stated he goes out to beauticians and animal groomers to seek their business to sharpen their scissors. He stated he plans on keeping his home beautiful with nothing stored outdoors. He said he will have normal pickups and deliveries from UPS, USPS, and FedEx, like other residents in the neighborhood. He stated occasionally he’ll have an item dropped off by the owner and they will wait to have it sharpened. He stated the operation of his business has not caused himself any health or breathing problems. He stated he would like all the neighbors to embrace him and hopes to fit into the neighborhood and not be offensive. He had no concerns with the condition listed in the staff report. Commissioner Rydberg asked how long he has been living in this home. Mr. Kendrick stated he purchased the home in December but has not started operating his business in Elk River. Commissioner Rydberg asked if he had any concerns with satisfying the conditions as outlined. Mr. Kendrick stated he felt it would be very simple to add an air conditioner to fulfill the condition of having the all opening to the accessory structure closed when he operates his business. Planning Commission Page 6 January 28, 2020 ----------------------------- Mr. Leeseberg stated the condition only applies to the operation of tools associated with the business. He stated when the applicant first contacted the city before purchasing the home, his business was a permitted use and did not require a CUP. He stated shortly thereafter the rules have changed. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Rydberg adequately addressed the conditions and stated it’s an intermitted use, not like an industrial use, and he feels the applicant will be amenable. Commissioner Larson-Vito noted this process is exactly how it’s supposed to work, allowing the Planning Commission to have the opportunity to review and address any concerns the proposed business may create during operation. Moved by Commissioner Larson-Vito and seconded by Commissioner Rydberg to recommend approval of the request for a Conditional Use Permit by Robert Kendrick to operate a cutting tool sharpening and repair home occupation with the following condition to satisfy the standards set forth in Section 30-654: 1. All openings to the accessory structure be closed when the operation of tools, associated with the business, are utilized. Motion carried 7-0. 5.3. ISD #728 – 900 School St. NW  Conditional Use Permit for high school parking lot improvements, new lighting, and relocation of existing traffic light, Case No. CU 20-01 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing and continued this item to the February 25, 2020, Planning Commission hearing. 6. Council Liaison Update Councilmember Ovall updated the Planning Commission on the recent City Council meeting items. 7. Adjournment The meeting was adjourned at 7:18 p.m. Planning Commission Page 7 January 28, 2020 ----------------------------- Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, February 25, 2020 Members Present: Chair Eric Johnson, Commissioners Perry Beise, Alexander Feinstein, Jill Larson-Vito, Robert Rydberg, and Brad Thiel Members Absent: Councilmember John Jordan Staff Present: Senior Planner Chris Leeseberg and Sr. Admin. Assistant/Recording Secretary Jennifer Green 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider February 25, 2020, Planning Commission Agenda Moved by Commissioner Thiel and seconded by Commissioner Beise to approve the February 25, 2020, Planning Commission agenda. Motion carried 6-0. 4. Consider January 28, 2020, Planning Commission Minutes Chair Johnson indicated the consideration of the January 28, 2029, Planning Commission minutes would be continued to the March 24, 2020, meeting. 5.1. Sogdiana LLC / Zafar Khamdamov – 732 Vernon Ave. NW  Interim Use Permit to allow multi-family residential use in a single-family zoning district, Case No. IU 20-01 Mr. Leeseberg stated because of the caucus scheduled for the evening and the state statute prevented public meetings on a caucus night, he asked the commission to open the public hearings for all items and hear any comments from the public, and then continue the meetings to a special Planning Commission meeting date. Chair Johnson opened the public hearing. There was no one present to speak on this item. Planning Commission Page 2 February 25, 2020 ----------------------------- Moved by Commissioner Beise and seconded by Commissioner Thiel to continue this item to the March 10, 2020, Special Planning Commission meeting. Motion carried 6-0. 5.2. Racin’ Repair – Jason Ryan – 14115 Ranch Rd. NW  Conditional Use Permit to operate an auto repair facility, Case No. CU 20- 04 Chair Johnson opened the public hearing. There was no one present to speak on this item. Moved by Commissioner Larson-Vito and seconded by Commissioner Beise to continue this item to the March 10, 2020, Special Planning Commission meeting. Motion carried 6-0. 5.3. Trout Ridge Run – PID 75-879-0010  Zone Change from R1c to Planned Unit Development (PUD), Case No. ZC 20-01  Conditional Use Permit to establish a PUD for a 6-lot residential subdivision, Case No. CU 20-05  Preliminary Plat for Trout Ridge Run, Case No. P 20-01 Chair Johnson opened the public hearing. Mike Monhanan spoke on behalf of the property owner who lived south of the proposed development and asked that a requirement be added that a fence be installed around the drainage area and along the western property line. Moved by Commissioner Beise and seconded by Commissioner Feinstein to continue this item to the March 10, 2020, Special Planning Commission meeting. Motion carried 6-0. 5.4. ISD #728 – 900 School St. NW  Conditional Use Permit for high school parking lot improvements, new lighting, and relocation of existing traffic light, Case No. CU 20-01 – continued from January 28, 2020 Moved by Commissioner Beise and seconded by Commissioner Thiel to continue this item to the March 2, 2020, Special Planning Commission meeting. Planning Commission Page 3 February 25, 2020 ----------------------------- Motion carried 6-0. 5.5. City of Elk River  Ordinance Amendment to Chapter 30, specifically the definitions and permitted locations for townhouses, Case No. OA 20-02 Moved by Commissioner Beise and seconded by Commissioner Thiel to continue this item to the March 10, 2020, Special Planning Commission meeting. Motion carried 6-0. 5.6. City of Elk River  Ordinance Amendment to Section 30-796 – Fences; visibility at intersections and driveways, Case No. OA 20-03 Moved by Commissioner Beise and seconded by Commissioner Thiel to continue this item to the March 10, 2020, Special Planning Commission meeting. Motion carried 6-0. 6. Council Liaison Update There was no council liaison update. 7. General Business There was no General Business. 8. Adjournment The meeting was adjourned at 6:35 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair Special Meeting of the Elk River Planning Commission Held at Elk River City Hall Monday, March 2, 2020 Members Present: Chair Eric Johnson, Commissioners John Jordan, Jill Larson-Vito, and Brad Thiel Members Absent: Commissioners Perry Beise, Alexander Feinstein, and Robert Rydberg Also Present: Councilmember Nate Ovall (4:34 p.m.) 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 special meeting of the Elk River Planning Commission was called to order at 4:30 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. ISD #728 – 900 School St. NW  Conditional Use Permit for high school parking lot improvements, new lighting, and relocation of existing traffic light, Case No. CU 20-01 Mr. Carlton presented the staff report. Chair Johnson indicated the public hearing was still open and invited anyone to speak. There being no one to speak, Chair Johnson closed the public hearing. Commissioner Larson-Vito stated she felt the proposal seemed straightforward and her questions and concerns regarding pedestrian safety were answered in the staff report and comment letter. Councilmember Ovall asked if there were any concerns with senior center attendees crossing three lanes of traffic to enter the building, wondering if there should be more parking in front of the multipurpose facility for safety reasons. Mr. Carlton stated staff evaluated this same concern as part of their review and ultimately, they reviewed businesses people frequent such as Target, Wal-Mart, and Planning Commission Page 2 March 2, 2020 ----------------------------- shopping centers that have traffic lanes in front of their entrances. He noted this parking lot will have a raised speed table to slow traffic in pedestrian areas. Chair Johnson asked about traffic flow exiting the parking lot. Mr. Carlton explained how most vehicles would exit and noted the identified crossing located at the entrance of the facility. Commissioner Jordan asked how many handicapped parking slots there were and wondered if that was enough, noting Wal-Mart has more spots than this project. Mr. Carlton stated there were six handicap spots in front of the multi-purpose center, noting this item will also be reviewed at the City Council meeting later that evening and he will look at how many spots are currently at the Activity Center and compare those figures with Wal-Mart. He stated a portion of parking will be reserved for multipurpose facility attendees and will be signed accordingly. Councilmember Ovall asked if a commitment has been reached between the city and the school district as to how many parking stalls the multipurpose facility will be allocated. Mr. Carlton stated there are a total of 75 parking stalls allocated for the multipurpose facility. Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the Conditional Use Permit request by ISD #728 allowing improvements and modifications to the Elk River High School and Multi-Purpose Center Parking lot with the following conditions: 1. Staff approval of updated plans addressing comments outlined in the staff comment letter dated January 15, 2020. 2. The CUP will not be recorded until impacted property owners agree to required easement or right-of-way transactions. Motion carried 4-0. 4. Adjournment The meeting was adjourned at 4:39 p.m. Planning Commission Page 3 March 2, 2020 ----------------------------- Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair Special Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, March 10, 2020 Members Present: Chair Eric Johnson, Commissioners Perry Beise, Alexander Feinstein, Jill Larson-Vito, and Brad Thiel Members Absent: Commissioner John Jordan and Robert Rydberg Staff Present: Senior Planner Chris Leeseberg and Sr. Admin. Assistant/Recording Secretary Jennifer Green 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3.1. Sogdiana LLC / Zafar Khamdamov – 732 Vernon Ave. NW  Interim Use Permit to allow multi-family residential use in a single-family zoning district, Case No. IU 20-01 Mr. Leeseberg presented the staff report. Chair Johnson noted the public hearing was already open. Zafar Khamdamov, the applicant, stated he is aware of the conditions as presented and is willing to comply with them should the Planning Commission recommend approval and the City Council approve the Interim Use Permit. There being no one else to speak, Chair Johnson closed the public hearing. Chair Johnson stated he felt the Planning Commission was committed to finding a balance for both the applicant and the neighborhood. He felt this was a way to bridge the gap between the way the property was currently being used and how it is zoned for use. He stated he is comfortable with recommending approval with the four conditions listed. Commissioner Larson-Vito agreed with Chair Johnson and stated she felt the conditions listed provided good protection for the city and allows for a good meeting point as they’re not spot zoning and changing the use of the property. She also felt Planning Commission Page 2 March 10, 2020 ----------------------------- this option provided a way for current occupants to become prepared for the future use of this property and allow for time to move. Commissioner Thiel stated the property was operated as a multi-family home, but the property wasn’t designed or allowed for a multi-family use and stated he will not support a recommendation of approval for this request. Commissioner Beise stated he didn’t feel it was the Planning Commission’s responsibility to fix this current use, which was a use that doesn’t meet city ordinance, noting the applicant didn’t do the research to realize this property is zoned single-family and sought the Planning Commission to mitigate his problem. He stated the applicant could remodel the home and resell it as a single-family home. He stated he would not be in favor of recommending approval for this request. Commissioner Larson-Vito stated if that were the logic used by the Planning Commission, they would deny almost every application before them. She stated people do need to do their due diligence when purchasing properties but stated this is an example of a routine situation that comes before the commission frequently to seek a temporary relief to both the applicant and the tenants currently residing in the property. She felt the commission is there to serve the community and this process allows time for the residents to find a new home. Commissioner Feinstein stated he agreed with Commission Larson-Vito and stated he wasn’t sure how much more research the applicant should have done as the property was purchased with three units already in place. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the request by Sogdiana LLC/Zafar Khamdamov for an Interim Use Permit to allow multi-family residential use in a single-family zoning district with the following conditions: Motion carried 3-2 with Commissioners Thiel and Beise voting against the recommendation. 5.2. Racin’ Repair – Jason Ryan – 14115 Ranch Rd. NW  Conditional Use Permit to operate an auto repair facility, Case No. CU 20- 04 Mr. Leeseberg presented the staff report. Commissioner Feinstein asked if this application needs to comply with commercial fire code or the residential fire code. Mr. Leeseberg stated he didn’t have an answer to that. Commissioner Larson-Vito stated that the state of Minnesota has one fire code that spells out everything for both residential and commercial uses. Planning Commission Page 3 March 10, 2020 ----------------------------- Mr. Leeseberg stated the city ordinance is very clear that architectural plans are required for projects that are not residential homes. Commissioner Larson-Vito asked if that was for new construction or just modifications. Mr. Leeseberg stated yes, an architect is required for any remodeling. Chair Johnson noted the public hearing was already open. Jason Ryan, 14115 Ranch Rd. NW, the applicant, stated he reviewed the conditions as outlined and stated he is fine with them and they seem very clear. He stated he is also curious about fire and building code requirements. He requested the Planning Commission consider removing Condition 4 requiring curb and gutter and stated he currently has Class 5 in place. He questioned the need for a concrete curb and apron around a substance like Class 5 and wondered what was trying to be accomplished with that requirement. He noted on an overhead image of his property where the asphalt and Class 5 was located and wondered if there was a different type of edging that could achieve the same result. Mr. Leeseberg stated the curb and gutter directs stormwater that falls on the property and defines parking boundaries, so creep doesn’t occur. He indicated staff states this as a requirement to contain parking boundaries, but the City Council can waive the curb and gutter requirement. There being no one else present to speak on this item, Chair Johnson closed the public hearing. Commissioner Larson-Vito recommended leaving Condition 1 in place and contacting the state of Minnesota for guidance on how to appropriately handle these types of situations, noting you cannot deviate down from what is laid out in state code. She stated she is fine removing Condition 4. Chair Johnson also agreed with Commissioner Larson-Vito’s comments in keeping Condition 1 in place and removing Condition 4. Commissioner Beise asked in reference to Condition 2 if the area surrounding this property develops, which is zoned single-family, and this CUP stays with the property, how many cars should be allowed to park on the property as his concern this could turn into a junk yard. Mr. Leeseberg stated if the commission had a concern with the number of parking spaces allowed, they could add an additional condition limiting the number of vehicles parked outside. Commissioner Thiel discussed Condition 11 and noted since there’s no fence now, the condition helps shield the vehicles parked and provides a boundary around the property. Planning Commission Page 4 March 10, 2020 ----------------------------- Mr. Leeseberg stated when he met with the applicant last week, they discussed the height of the fence and proposed a 7-foot fence as that wouldn’t require a building permit to keep costs down. Commissioner Thiel asked about Condition 4 and comparison with prior ERX property approvals for curb and gutter issues, asking if this is a similar situation. He stated his concern was the Planning Commission being consistent with applications. Mr. Leeseberg stated the City Council did remove the requirement for curb and gutter for the ERX application, noting a similar concern with costs. Chair Johnson stated he was comfortable with recommending approval, leaving Condition 1 in place but removing Condition 4. Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the Conditional Use Permit for Racin’ Repair – Jason Ryan with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city’s Building Official and Fire Marshal to verify compliance with all building and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. 2. Nine (9) parking stalls shall be provided a minimum of 10 feet from any property line. 3. All driving areas and parking areas shall be paved with an approved surface (asphalt, concrete, or class 5). 5. Any future proposed hardcover shall meet the 45-foot wetland setback. 6. All septic systems must provide a certificate of compliance or notice of noncompliance for the existing septic system and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 7. Follow Minnesota Pollution Control Agency (MPCA) guidelines for chemical waste and secondary runoff controls. 8. There shall be no repair or maintenance of vehicles outside of the building. 9. All openings to the accessory structure be closed when the business is in operation. 10. Car, truck, RV, and marine sales shall not be allowed. 11. All vehicles stored on the premises shall be stored within an area which is screened by a 6 (six)- foot high 100% opaque fence. omitting condition 4. Motion carried 5-0. Planning Commission Page 5 March 10, 2020 ----------------------------- 3.3. Trout Ridge Run – PID 75-879-0010  Zone Change from R1c to Planned Unit Development (PUD), Case No. ZC 20-01  Conditional Use Permit to establish a PUD for a 6-lot residential subdivision, Case No. CU 20-05  Preliminary Plat for Trout Ridge Run, Case No. P 20-01 Mr. Leeseberg presented the staff report. Chair Johnson asked what the homes directly across the street were zoned. Mr. Leeseberg stated the properties directly across the street were also zoned PUD and Trout Ridge Run’s lots are virtually the same as those but a bit wider. Commissioner Larson-Vito asked to clarify Condition 3 regarding the proposed stormwater infrastructure. Chair Johnson noted the public hearing was already open. th Jethro Carpenter – 1384 - 211 Avenue, Oak Grove, answered Commissioner Larson-Vito’s question and explained the concern with maintenance on the proposed stormwater filtering and discussed moving the location of the drainage pipe as initially proposed to protect it from getting damaged. Mr. Leeseberg stated the applicant has been working closely with stormwater staff and the condition states the city will not maintain the proposed stormwater infrastructure as there will be no easements over the plat to allow city access. Chair Johnson asked Mr. Carpenter if he were comfortable with the conditions as presented. Mr. Carpenter stated he was comfortable with the conditions as presented and complimented city staff stating he has developed in other cities and stated Elk River was a good city to work with. Commissioner Larson-Vito asked Mr. Carpenter about the fencing and screening as previously discussed at the first public hearing and asked if adding additional natural screening was considered. Mr. Carpenter stated they hadn’t considered it, but they will add additional natural screening, noting he owns a landscaping company. He stated he wasn’t in favor of fencing and they will add trees to the back side specifically for the two existing houses. He noted he wants to make these lots attractive for people to want to move there. Chair Johnson asked if he was open to adding the screening requirement as a condition. Planning Commission Page 6 March 10, 2020 ----------------------------- Mr. Carpenter stated he would be willing to prepare a landscaping plan to present to the City Council meeting and noted it’s his preference to ensure adequate screening. Mr. Leeseberg asked the Planning Commission if they would like to include a condition requiring a landscape plan be presented to the City Council for their review. Commissioner Thiel agreed with Mr. Leeseberg’s proposal and stated this is a common concern for development, noting individual property owners can also provide their own screening. He stated if the builder was willing, he would prefer to have natural landscaping placed as fencing can be a maintenance nightmare. Mr. Carpenter stated he is currently working with the adjacent property owner to propose landscaping that would straddle the property line to ensure the trees that are planted survive. Chair Johnson stated he would prefer a vegetative landscaping plan. The Planning Commission added Condition 8 to provide a landscaping plan to the City Council that includes vegetative screening to the west and south. Mike Monhanan, who spoke at the February 25, 2020, Planning Commission meeting on behalf of the property owner who lives south of the proposed development, again expressed his concerns with the drainage area needing fencing to protect children living in the area. He asked that if a fence isn’t proposed that the applicant take the same considering to the neighbor to the south and provide landscaping to prevent encroachment. Mr. Carpenter explained he would provide some landscaping to the south due to disrepair of the detached garage on that adjacent property. He explained the screening he was proposing will focus on lots 4-6 as there is a shallow grassy drainage swale. He indicated the lot sales will be targeted to someone who doesn’t want to move into a townhome but still wants to have a boat and mow their own grass on a smaller sized property, noting there probably wouldn’t be smaller children living there. There being no one else to speak, Chair Johnson closed the public hearing. Moved by Commissioner Larson-Vito and seconded by Commissioner Beise to recommend approval for a request by Jethro Carpenter for a Zone Change from R1c to Planned Unit Development (PUD) with the condition that a PUD agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 5-0. Planning Commission Page 7 March 10, 2020 ----------------------------- Moved by Commissioner Beise and seconded by Commissioner Feinstein to recommend approval for a request by Jethro Carpenter of a Conditional Use Permit to establish a Planned Unit Development, with the following conditions: 1. Side yard setbacks shall be 7.5 feet. 2. Minimum garage size shall be 633 square feet. 3. The city will not maintain the proposed stormwater infrastructure along the west side of proposed homes and between lots 2 and 3. 4. Update pipe material to ensure there is enough strength to support maintenance vehicle traffic. 5. Submit a stormwater maintenance agreement that clearly outlines maintenance responsibilities of the stormwater infrastructure. 6. Timing and location of all utility connections beneath Tyler Street will need to be approved by the Public Works Director prior to construction and may require an escrow to ensure the work is completed to city standards. 7. Staff must approve all plans associated with the utility connections prior to construction. 8. Provide a landscaping plan at the City Council meeting that includes vegetative screening to the west and south. Motion carried 5-0. Moved by Commissioner Feinstein and seconded by Commissioner Larson- Vito for a request by Jethro Carpenter to recommend approval of the Preliminary Plat of Trout Ridge Run with the following condition: 1. Review the need for a larger drainage and utility easement to accommodate maintenance traffic for stormwater pipes. Motion carried 5-0. 3.4. City of Elk River  Ordinance Amendment to Chapter 30, specifically the definitions and permitted locations for townhouses, Case No. OA 20-02 Mr. Leeseberg presented the staff report. Chair Johnson noted the public hearing was already open. There being no one present to speak Chair Johnson closed the public hearing. Moved by Commissioner Thiel and seconded by Commissioner Feinstein to recommend approval of the ordinance amending Chapter 30, specifically the definitions and permitted locations for townhouses as presented in the staff report. Motion carried 5-0. Planning Commission Page 8 March 10, 2020 ----------------------------- 3.5. City of Elk River  Ordinance Amendment to Section 30-796 – Fences; visibility at intersections and driveways, Case No. OA 20-03 Mr. Leeseberg presented the staff report. Chair Johnson asked if this ordinance amendment also applies to sidewalks that are maintained by the homeowner, stating he knows of a lot of fences in his own neighborhood that exist a foot from the sidewalk. He stated he sees the point but there are cases where the homeowner is maintaining the sidewalk and responsible for their own fence maintenance. Mr. Leeseberg stated that was a great question in which he had no answer. He said as it stands now if there’s no sidewalk the resident can bring a fence right up to the property line. He recommended he discuss this question with staff and continue this to a future meeting. Commissioner Larson-Vito asked if there was a distinguishing factor of who takes care of sidewalks. Mr. Leeseberg stated the sidewalk maintenance is laid out on a map that is adopted by the City Council and includes areas such as the sidewalks used by children walking to school, any city owned property, and in the downtown area. Commissioner Thiel asked if the map changes. Mr. Leeseberg stated yes and discussed modifying the language used to include city- maintained sidewalks. Chair Johnson requested staff to investigate this further and continue this public hearing to a later date. He noted the public hearing was already open. Moved by Commissioner Beise and seconded by Commissioner Larson-Vito to postpone the public hearing for an ordinance amending Section 30-796 – Fences; visibility at intersections and driveways, to the March 24, 2020, Planning Commission meeting. Motion carried 5-0. 4. Adjournment The meeting was adjourned at 7:26 p.m. Planning Commission Page 9 March 10, 2020 ----------------------------- Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair