Loading...
03-10-2020 PC MIN 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: 1. The Interim Use shall terminate after 3 years (36 months) or when the property changes ownership, whichever occurs first. 2. The Interim Use Permit will be recorded against the property to put any future buyers on notice that the Interim Use Permit will not run with property. 3. The structure shall be returned to a single-family home prior to sale or when the Interim Use Permit terminates. 4. The applicant shall submit a deposit in the amount of $5,000 to ensure compliance with the Interim Use Permit conditions. Motion carried 3-2 with Commissioners Thiel and Beise voting against the recommendation. Planning Commission Page 3 March 10, 2020 ----------------------------- 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. 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. Planning Commission Page 4 March 10, 2020 ----------------------------- 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. 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 Planning Commission Page 5 March 10, 2020 ----------------------------- 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 R 1 c to Planned Unit Development (PUD), Case No. ZC 20-0I • 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. Jethro Carpenter— 1384 - 211`h 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. POIERII BY NATURE Planning Commission Page 6 March 10,2020 Mr. Carpenter stated he would be willing to prepare a landscaping plan to present to III 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 III 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 Ric 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. III _, PIIEREI IY ,NATURE Planning Commission Page 7 March 10,2020 S 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. IIIMotion carried 5-0. Feinstein and seconded Moved by Commissionerby 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. SMotion carried 5-0. PIIEIEI II NATURE Planning Commission Page 8 March 10,2020 S 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 III 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. S [.., t1iinr , IT NATURE Planning Commission Page 9 March 10,2020 IIIIMinutes prepared by Jennifer Green. tr Tina Allard City Clerk Eric Johnson Planning Commission Chair III III II-Whig IT NATURE