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04-28-2020 PC MIN WA City of Elk Virtual Meeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday, April 28, 2020 (Due to the COVID-19 Pandemic) 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: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg 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 6:39 p.m. by Chair Johnson. 2. Roll Call Roll call was taken. 3. Consider April 28, 2020, Planning Commission Agenda Moved by Commissioner Feinstein and seconded by Commissioner Thiel to approve the April 28, 2020, Planning Commission agenda. Motion carried 7-0. 4. Consider Planning Commission Minutes Commissioner Thiel noted on page 3 of the January,28, 2020, minutes to change Commissioner Ovall's name to Councilmember Ovall. Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the minutes from the following Planning Commission meetings: ■ January,28, 2020, Regular ■ February,25, 2020, Regular ■ March 2, 2020, Special ■ March 10, 2020, Special Motion carried 7-0. Planning Commission Page 2 April 28,2020 ----------------------------- 5.1 Chair Current Chair Johnson nominated Commissioner Larson-Vito to serve as Chair of the Planning Commission. Moved by Chair Johnson and seconded by Commissioner Thiel to elect Jill Larson-Vito as Planning Commission Chair effective May 26, 2020. Motion carried 7-0. 5.2. Vice-Chair Commissioner Thiel indicated he would like to serve as vice-chair if the Commission if nominated and if anyone else was not willing to take this role. Moved by Chair Johnson and seconded by Commissioner Feinstein to elect Brad Thiel as Planning Commission Vice-Chair effective May 26, 2020. Motion carried 7-0. 6.1. Roger Derrick— Tall Pines Second Addition — PID#75-135-3200 ■ Zone Change from Business Park (BP) to Planned Unit Development (P.U.D.), Case No. ZC 20-02 ■ Preliminary Plat for a townhome development to be known as Tall Pines P.U.D. Second Addition P 20-03 ■ Conditional Use Permit for PUD, Case No. CU 20-03 Commissioner Jordan recused himself from this item due to pending litigation with Roger Derrick, the applicant. Mr. Carlton presented the staff report. He explained how the public could contact the Planning Commission to make public comments or ask questions by calling or emailing staff. Chair Johnson opened the public hearing. Chair Johnson stated he feels a little more comfortable knowing what the end result of Line Avenue will be but still has concerns with the vicinity of the industrial property to the north,noise, and outdoor lighting concerns but felt it could be mitigated with mature trees. Councilmember Ovall asked what changed in this plan from the previously submitted plan. Mr. Carlton stated the plan is essentially the same,but staff and the applicant now have the guidance from MnDOT on the road alignment of Line Avenue. P0WIR10 RY ATURE Planning Commission Page 3 April 28,2020 ----------------------------- Councilmember Ovall reminded Chair Johnson of previous concerns with screening on the east end of Twin Lakes Road. He also discussed the council's previous concerns of adding a sidewalk for walkability to Wal-Mart. Chair Johnson agreed and stated the walkway was also a concern of the Planning Commission's. Mr. Carlton stated there is a condition for the applicant to add a walkway from the end of the cul-de-sac to the trail on the west side of Twin Lakes Road. He stated this is not shown on the submitted plans nor does a trail along Line Avenue south of lot 16 but that could be a condition added by the commission. Commissioner Rydberg commented on the mixed uses of the area. He asked if staff had spoken with nearby businesses ABRA and Die Technology to determine if they have any concerns about the effect their business noise and odors may have on the neighboring properties, or if there were any complaints in the past. Mr. Carlton stated the public hearing notices were sent to properties within 500' of the property and he had received no comments from residents or businesses. Chair Johnson stated he still has a few concerns with the proposal, but he is more comfortable with it knowing the future of Line Avenue. Councilmember Ovall asked if these were the same lot depths as the Xavier Circle lots. Mr. Carlton stated the lot widths should generally be the same,but the lot depths will be different. He noted West Oaks has 40'lot widths. Councilmember Ovall asked about the length of the cul-de-sac and was there a similar development that has queuing and overflow of parking capacity. He recalled a similar proposed layout near Gateway church and concerns with off-street parking. Mr. Carlton explained the street will be signed for parking on one side of the road to allow for fire truck access and follow the fire departments and Minnesota Fire Code Standards for parking and access circulation requirements. Chair Johnson asked if snowplowing would be managed by an association. Mr. Carlton stated it would be a private street and therefore the responsibility of an association to provide for snow removal. Commissioner Thiel asked about concerns with parked cars allowing fire truck access on the street and asked about snow removal,wondering where they would put the snow and noting how narrow the roadway appears and is there enough space. Mr. Carlton explained the areas where snow could be stored or managed by trucking it out, all the responsibility of the association,which he would discuss with the rawEeEo er IN'AfURE Planning Commission Page 4 April 28,2020 ----------------------------- applicant. He stated the houses must be a minimum of 10' apart,which is per building code with 5' setbacks. Mr. Carlton received one comment from the public: "While I realize that the growth of Elk River is inevitable and for the good of all, I do have concerns with the Pines at Elk River development. I live on the frontage of 5"' Street NW, 5`' Street connects with Twin Lakes Road,via Line Avenue,with northbound Highway 169. Since the rerouting of Line Avenue and the denial of access to Main Street from Baldwin Avenue around twelve years ago, 5"' Street NW is the traffic-bearing road of the area. 5`' Street bears the traffic from Nowthen and eastern Elk River to and from northern 169. In 20 years at this location,I have seen and heard 5`'' Street turn into an acceleration lane for teenage drivers,teenagers driving modified pickups with extremely loud exhaust pipes,to 60+ boomers on motorcycles with extremely loud exhaust pipes. My concerns with this new development is increased traffic, the intended danger from speeders and the nuisance of pointless noise up to 90 decibels. As the Planning Commission considers these issues in deliberation if so, are there any plans to mitigate these issues?My hope is that the Commission will not only address my concerns but act positively as well." The Planning Commission discussed traffic flow to 5`' Street from Baldwin Avenue and Dodge or enter Highway 169. Chair Johnson asked if there were concerns with increased traffic on Baldwin Avenue. Mr. Carlton stated Baldwin Avenue would see an increase in traffic in general regardless of what goes into this location. He stated the goal of this plan was related to Line Avenue. Commissioner Rydberg asked about the project schedule for these homes and if they would be constructed before Line Avenue is closed. Mr. Carlton stated timelines can change but the projection is there will be some overlap and the cul-de-sac would be completed before full build-out of the subdivision but not before any homes are constructed. He stated the traffic analysis completed by the applicant looked at potential traffic impacts of use on this site and did not show any negative impacts. Commissioner Larson-Vito asked how many residential units could be added to this property without a PUD. Mr. Carlton stated the property is currently zoned Business Park with an underlying land use of mixed use/residential, so it would have to be rezoned to a residential district for R3 townhomes or R4 high density residential. Commissioner Larson Vito expressed her main concern with allowing PUDs in industrial parks and the challenges when industrial locations look to expand their rawEeEW IN'Af Planning Commission Page 5 April 28,2020 ----------------------------- business it can create significant tension between the business and the surrounding homeowners. She stated she would like to avoid another similar scenario. Commissioner Rydberg agreed with Commissioner Larson-Vito and expressed his concerns with adding more residential properties to an already small area, setting a precedence of mixed business and residential, and increasing traffic in an already struggling area. Chair Johnson stated those were interesting points and wondered if a business park would be added in the property directly to the south would that affect the residential uses, even though there are already many homes in the area. Councilmember Ovall noted the area felt like spot zoning. The commission discussed the overall area and how the proposed application would fit with parking. Chair Johnson asked if the applicant would be interested in wider lot widths or if he was set on the proposed layout. Mr. Carlton stated he was not sure, as this proposal was what was submitted, and the applicant had not yet been asked to consider wider lot widths. He noted the city's RFP for an update to the Comprehensive Plan was out for review and the plan update could provide a different perspective of for land use updates in this area. Chair Johnson stated he felt like waiting to proceed on this application until after reviewing the Comprehensive Plan. He noted Commissioner Larson-Vito made some good points and he is now not convinced this proposal is right for the area. Mr. Carlton stated the applicant provided additional feedback to him and made the following comments: "The setbacks and distances between buildings are the same as Tall Pines and the West Oaks attached townhomes have four-unit buildings with no distance between them. The rezoning is allowed. It is consistent with the Comprehensive Plan, as was Tall Pines First Addition." There being no one else to speak, Chair Johnson closed the public hearing. Moved by Commissioner Larson-Vito and seconded by Commissioner Rydberg to recommend denial of the zone change from Business Park to Planned Unit Development (PUD). Motion carried 6-0 with Commissioner Jordan recusing himself. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend denial of the Preliminary Plat of Tall Pines Second Addition P.U.D. Motion carried 6-0 with Commissioner Jordan recusing himself. it-401 wEeEUo0 IYAR' Planning Commission Page 6 April 28,2020 ----------------------------- Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend denial of the Conditional Use Permit establishing a residential Planned Unit Development (PUD) as the application will detrimentally affect the use of other properties; the application is not consistent with the Comprehensive Plan; and will impede the normal and orderly development and improvement of surrounding vacant property. Motion carried 6-0 with Commissioner Jordan recusing himself. 6.2. CommonBond Elk River Housing Limited Partnership — 19522 Holt St. NW ■ Land Use Amendment from Highway Business to High Density Residential, Case No. LU 20-02 ■ Preliminary Plat for a 60-unit 3-story apartment building to be known as Elk Ridge Lodge, P 20-05 ■ Conditional Use Permit to establish a residential PUD, Case No. CU 20-07 Mr. Leeseberg presented the staff report. The applicant submitted a letter to the Planning Commission dated April 28, 2020, and requested their application be continued to the May 26, 2020, Planning Commission meeting,with the hopes of an in-person meeting with the Planning Commission and to allow time for them to continue to do public outreach to the neighborhood. These items will then be reviewed during the June 1, 2020, City Council meeting. Chair Johnson opened the public hearing. He noted comments will continue to be accepted until May 20 and will be included in the May 26 meeting packet. Moved by Commissioner Beise and seconded by Commissioner Thiel to continue the requests by CommonBond Elk River Housing Limited Partnership to the May 26, 2020, Planning Commission meeting. Motion carried 7-0. 6.3. Phoenix Enterprises — Outlot A, Eagles Marsh Third Addition ■ Preliminary Plat of Eagles Marsh Fourth Addition, Case No. P 20-08 Mr. Carlton presented the staff report. He indicated the applicant contacted staff with one comment regarding one of the conditions of approval, the requirement to extend the sidewalk along the south side of Lincoln St. and extend to the intersection with Johnson St. Mr. Carlton stated previous approvals only required sidewalk to the city-owned lot,which is where the sidewalk currently ends. He explained the condition was added to this application due to separation of the grades not allowing pedestrians access across the street. The applicant is asking for that condition to be removed. Commissioner Rydberg asked if connecting to a park is over and above what the applicant has already paid regarding park dedication fees, etc. P0WIR10 RY ATURE Planning Commission Page 7 April 28,2020 ----------------------------- Mr. Carlton stated it would not be consistent with the previous approvals. He stated park dedications and trail dedications are treated differently in the statute so the city could seek to have the sidewalk included and extended. Chair Johnson opened the public hearing. Commissioner Rydberg felt the sidewalk condition would seem to come out of left field and might be an additional burden at the last minute. He wondered if there is room for negotiation for relief of that additional cost. Chair Johnson asked if the applicant had an alternative solution to the removal of the condition. Mr. Carlton stated the applicant is proposing a sidewalk on north side of Lincoln Street. He stated pedestrian access and mobility is considered in all subdivisions and may not be added in every situation but in this case,it is due to the grade separation. Commissioner Rydberg asked if there is a compromise on this instead of a condition added. Mr. Carlton asked if the Planning Commission was asking if the city enter into a cost-shared agreement with that portion of the public improvement with the developer if the condition were to be left in. Commissioner Rydberg stated he would request any resolution to work with the developer to prevent them from a bad experience with the city changing things at the last minute. Commissioner Larson-Vito stated she would prefer to send the application to the City Council as is and allow that body to make the final decision. Commissioners Thiel, Feinstein,and Chair Johnson also agreed with Commissioner Larson-Vito. It was the consensus of the Planning Commission to keep Condition 4 in the recommendation. Linda Campbell, 17690 Johnson St. NW, emailed staff during the public hearing and asked the following: "Can you say more regarding the sidewalk to give access to the undeveloped park land near the marsh. My lot adjoins the access. Will it be a trail? Is there a trail proposed around the marsh?" Mr. Carlton stated as it stands today,there were no current plans for a trail into the marsh section but he will check with Parks and Recreation for future trail plans in this area and provide that at the City Council meeting. it-401 wEeEUo0 IYAR' Planning Commission Page 8 April 28,2020 ----------------------------- There being no further questions or comments from the public, Chair Johnson closed the public hearing. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the request by Phoenix Enterprises for Preliminary Plat of Eagles Marsh Fourth Addition with the following: 1. Pedestrian ramps must meet current ADA standards, including landings and truncated domes. 2. Access to 17760 Lincoln Street must be maintained during construction. 3. Staff approval of all site, engineering, and utility plans. 4. Sidewalks should be added to the south side of Lincoln Street and extended to the intersection with Johnson Street. 5. All homes are required to have two trees in the front yard pe ordinance. 6. All mailboxes shall be clustered. Motion carried 7-0. 6.4. Beaudry Oil & Propane — 9710 158t" Circle NW ■ Conditional Use Permit to install four 30,000-gallon Chemical Storage Tanks, Case No. CU 20-06 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Commissioner Rydberg stated he felt this request presented a reasonable use of the property and had no objections to the request. Chair Johnson asked if staff had received any feedback from the applicant regarding the proposed conditions. Mr. Leeseberg stated he had not received any feedback from the applicant. There being no comments received, Chair Johnson closed the public hearing. Moved by Commissioner Beise and seconded by Commissioner Feinstein to recommend approval of the request by Beaudry Oil & Propane for a Conditional Use Permit at 9710 158" Circle NW with the following conditions to satisfy the standards set forth in Section 30-654: 1. The project shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes. 2. A Knox Box shall be mounted as close as possible to the gate. The final location shall be approved by the Fire Chief. P0WIR10 RY ATURE Planning Commission Page 9 April 28,2020 ----------------------------- 3. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated May 18, 2020. Motion carried 7-0. 6.5. CSDC Facilities Corporation - 17267 Yale St. NW ■ Conditional Use Permit for Educational Use (Three Rivers Montessori), Case No. CU 20-08 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Commissioner Rydberg asked if staff had received any comments from the surrounding neighborhood. Mr. Leeseberg stated he did not. Chair Johnson stated he felt this type of use fits this area better than the other types of uses recently proposed to occupy this area and seems to be more in line with what the surrounding neighborhood has been looking for. He stated he feels comfortable with supporting this request. Commissioner Rydberg stated his only concern would be if the expanded beyond the 80 students,which would increase traffic and overflow. He does like the addition of restrooms to the main level. Chair Johnson asked about expansion onto the ad)acent lot for traffic flow. Mr. Leeseberg stated he understood they were purchasing the ad)acent lot and if they chose to expand in the future, they could use the ad)acent lot,but it would require an amendment to the CUP if approved. There being no comments received, Chair Johnson closed the public hearing. Moved by Commissioner Beise and seconded by Commissioner Larson-Vito to recommend approval of the request by CSDC Facilities Corporation for a Conditional Use Permit for educational use (Three Rivers Montessori) at 17267 Yale St. NW with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city 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. No vehicles associated with the school may be parked or queued in the city right-of-way or on a public street. P0WIR10 R1 ATURE Planning Commission Page 10 April 28,2020 ----------------------------- 3. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated May 18, 2020. Motion carried 7-0. 6.6. PF Baseline Fitness, LLC — 19250 Freeport St. NW ■ Conditional Use Permit to operate Recreational Use (Planet Fitness), Case No. CU 20-09 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Chair Johnson stated he felt it was a great use of site and have a tenant replacing Office Max quickly, stating he would support this. Commissioner Thiel agreed and noted he was sad that Office Max was closing, stating it would leave a void but this request with its access off US Highway 169 would make a great addition and he would support it. Chair Johnson asked if staff had received any feedback from the public. Mr. Leeseberg stated he had one area business owner asking questions but has not received comments for or against the business. Commissioner Rydberg commented that area businesses would be in favor of a business to fill out a site that draws that kind of traffic being generated. There being no comments, Chair Johnson closed the public hearing. Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel to recommend approval of the request by PF Baseline Fitness, LLC for a Conditional Use Permit to operate a Recreational Use for a Planet Fitness at 19250 Freeport St. NW as the standards set forth in Section 30-654 have been satisfied. Motion carried 7-0. 6.7. Knife River Corporation - North Central - 11650 2251" Ave. NW ■ Conditional Use Permit to expand mineral extraction operations, Case No. CU 20-10 Mr. Carlton presented the staff report. Chair Johnson opened the public hearing. PRWERE0 1 ATUREl Planning Commission Page 11 April 28,2020 ----------------------------- Mr. Carlton read an email received from Melanie Curtis, 10988 23511,Ave. NW, Elk River, a resident who lives north of the Toth Pit,and she outlined her concerns with current mining truck traffic and road safety behavior of the truck drivers, the number of vehicle trips per day and debris and dust from vehicle travel. Ms. Curtis stated she supported the additional proposed conditions as part of this CUP application and requested enforcement of all current conditions of the original license and CUP. Ms. Curtis also asked for loads to be covered prior to leaving the site, and asked that the number of trips allowed to and from the site be in compliance with what is currently allowed, along with monitoring drivers and reminders to follow all traffic laws. Chair Johnson asked if it was a requirement for loads to be covered. Mr. Carlton stated covering loads would be an additional requirement added with the maintenance agreement,which is updated yearly and next due to be updated June 1, 2020. He indicated they will hold off on that update until the City Council reviews this request on May 18 to ensure that all conditions of this CUP,if approved, are included in that annual update. Commissioner Thiel asked if the requests from the letter,which he stated seemed reasonable, are addressed effectively by the maintenance plan and be enforceable. Mr. Carlton stated the traffic violations are violations of state law and can be handled by law enforcement and would not need to be added to the maintenance plan. He stated the covering of loads and the allowed number of trips per day can be written into the new maintenance plan and include how those would be enforced. Commissioner Rydberg stated he agrees with the traffic concerns being covered by state law but felt the city should still pass on the traffic behavior and follow up with truck safety if comments are received. Commissioner Larson-Vito asked for details regarding existing compliance with the loads. Mr. Carlton stated the existing compliance concerns were tracking of dirt onto the roadway and after multiple meetings with the mining operator,they have increased the frequency of cleaning and added more pavement to entrance and exit lanes from US Highway 169 to prevent traffic using gravel roadways. Commissioner Larson-Vito asked if there was a need to add additional conditions for this dirt tracking or will that be included in the maintenance plan. She also asked what the current load number from the current CUP. Mr. Carlton stated if there was anything specific the Planning Commission felt they could add,it could be incorporated into the maintenance plan. But if there were any other improvements, such as what is included in the proposed conditions,those should be more an improvement beyond what is included in a maintenance plan. He will request the allowed daily truck trip load numbers from the environmental coordinator and provide that information to the council if there is an exact number. PONEHEO 81 1`41AfURE Planning Commission Page 12 April 28,2020 ----------------------------- There being no further comments received, Chair Johnson closed the public hearing. Chair Johnson stated he felt things were going in the right direction by addressing the concerns that were outlined in Ms. Curtis'letter. He stated it is not going to be a perfect situation with the nature of mining operations as they are,but felt the city is taking steps in the right direction to improve the situation. Moved by Commissioner Thiel and seconded by Commissioner Beise to recommend approval of the request by Knife River Corporation—North Central for a Conditional Use Permit to expand mineral extraction operations at 11650 225`'Ave. NW with the following conditions: 1. Installation of a cattle grid device at the entrance/exit. 2. Staff approval of a maintenance agreement addressing street sweeping and concerns with maintenance of the public street. 3. Maintain yearly gravel mining license. 4. Follow all conditions of approval outlined in CU 09-14 and CU 97-02. Motion carried 7-0. 7. Council Liaison Update Councilmember Ovall complimented the Commission on tonight's meeting and the detailed discussion on these items. He provided a short update on recent city council meeting items. 8. General Business There was no General Business. 9. Adjournment The meeting was adjourned at 8:14 p.m. Minutes prepared by Jennifer Green. 4(V Tina Allard City Clerk E n—son it-401 wEeEUo0 IYAR'