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4.1. DRAFT PC MINUTES 06-22-2021 WA City of Elk Meeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday, May 25, 2021 Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise,Alexander Feinstein, Eric Johnson,John Jordan, Craig Keisling, and Robert Rydberg Members Absent: None Also Present: Councilmember/Liaison Mike Beyer; �4" 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' m. by Chair_L.arson-Vito. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider May 25, 2021, Planning Commission Agenda Moved by Commissioner Rydberg and seconded by Commissioner Beise to approve the May 25, 2021, Planning Commission agenda. Motion carried 7-0. 4. Consider April 27, 2021, Planning Commission Minutes Moved by Commissioner Feinstein and seconded by Commissioner Johnson to approve the April 27, 2021, Planning Commission minutes. Motion carried 6-0 with Commissioner Beise abstaining. 5.1 Private Kennel — 18857 Albany St. NW ■ Conditional Use Permit, Case No. CU 21-07 Mr. Leeseberg presented the staff report. He distributed two handouts he received earlier in the day from neighbors of the applicant opposing the approval of the private kennel CUP. Planning Commission Page 2 May 25,2021 ----------------------------- Chair Larson-Vito opened the public hearing. Stephanie Hughes, 18869 Albany St. NW,read the letter she had submitted and was distributed at the meeting, opposing the CUP request. Chair Larson-Vito asked Ms. Hughes to provide more information regarding the dogs escaping. Ms. Hughes stated she saw the dogs escape out the front door on a couple occasions and on several occasions the dogs had dug and crawled under the fence at a section that was not secure. She stated the fence has since been secured. Terry Hight—spoke on behalf of her mom,Delores Melton, 12838 18811'Ave. NW, who lives down the street. Her mom was concerned if this will create additional noise in their quiet neighborhood and if they will hear more dog barking. She did not want more noise created and additional police reports. Chair Larson-Vito clarified the dogs will not be housed in a kennel structure outside and the permit would only allow the applicant to continue keeping the number of dogs they currently have. Applicant's wife spoke and stated she was never told her son was seen punching her dogs and why the dogs are aggressive. She explained the issues with her dogs are being raised because of animosity between her and her neighbors. She stated she is not adding any additional dogs other than the 5 she currently has and is not interested in adding any more animals. She stated they will not be outside for longer than 5 minutes. She said they have no cats or any other animals. They have been here for 2 years. She stated they have done what they can to keep the dogs secured. She apologized for the mistakes that happened and has learned from them. Chair Larson-Vito questioned why the police in 2019 requested she apply for a private kennel license. The applicant's wife stated the police were concerned for her safety and decided against her proceeding with a public hearing in 2019. There being no one else to speak, Chair Larson-Vito closed the public hearing. Commissioner Rydberg stated this property is .21 acre in size which means a very small property for the number of animals being requested. He wondered if they needed to review the ordinance and adjust it to require a minimum lot size for a certain number of animals. He explained there are 5 houses backing up to this property and had concerns with other properties requesting a similar permit. Chair Larson-Vito agreed, stating she lives nearby and drove through this neighborhood and noticed it was crowded. She stated it was a significant number of animals to have on a property that size regardless of breed or temperament. NERREU�1EO RY 11P-48'A Planning Commission Page 3 May 25,2021 ----------------------------- Commissioner Jordan asked if there were additional police reports. Mr. Leeseberg stated what was included in the packet is what he received from the police department. Commissioner Jordan asked if there is a privacy fence enclosing the back yard. Mr. Leeseberg stated there was. Commissioner Jordan expressed concerns with the CUP staying with the property, He asked if there is a process to remove the permit if the conditions are not being met. Mr. Leeseberg stated the only mechanism to revoke a CUP is if the applicant does not follow the outlined conditions in the CUP. Commissioner Jordan stated his concerns are for the property's small size and the ability to keep the neighborhood out of turmoil. He stated he does not like the idea of having to send city staff out to take care of these matters and felt this was setting the city up for failure. Commissioner Beise stated he tended to agree and wondered what would happen if they allowed neighboring homes to also keep 10 animal units. He felt it would be creating a problem for city staff and the lots in this neighborhood are too small to house so many animals. Chair Larson-Vito stated she did not believe the proposed conditions would support the CUP. She felt in her opinion that this request does not meet the criteria for applicable regulation# 1: billnot endanger, injure or detrimentally affect the use and enjoyment of otherpzope7y in the immediate vicinity or the public health, safety, morals, comfort, convenience or general trelfare of the neighborhood or the city. Moved by Commissioner Jordan and seconded by Commissioner Rydberg to recommend denial of the request for a Conditional Use Permit CU 21-07 for a private kennel at 18857 Albany St. NW on the basis it does not meet the criteria for applicable regulation #1: Will not endanger, injure or detrimentally affect the use and enjoyment ofotherpropertyin the immediate vicinity or the publichealth, safety, morals, comfort, convenience orgenend welfare of the neighborhood or the city. Motion carried 7-0. 5.2 Providence S&S LLC and Shawn Logan, 13275 207" Ave. NW & 75- 117-3100 ■ Preliminary Plat of Majestic Oaks, Case No. P 21-04 Mr. Leeseberg presented the staff report. �PUNEREUREO R1 �JARf' Planning Commission Page 4 May 25,2021 ----------------------------- Chair Larson-Vito opened the public hearing. Mitch Weege, 20918 Fresno St. NW, stated his concerns with causing oak wilt while clearing the trees for the development and wondered about code or statutes regulating the time of year to remove oaks. He stated in the past,the county has done trenching to prevent disease. Mr. Leeseberg stated there are no city codes regulating when trees can be removed nor a tree preservation plan. Steve Rohlf,the applicant, 19821 188"'Ave. NW, stated he is the developer and has a degree in forestry,having been a tree inspector trained in oak wilt and Dutch elm diseases. He stated avoiding mechanical damage to the oaks during mid-May to mid- June will help with preventing oak wilt and stated they will probably start work in July. He stated red oaks are more susceptible than white. He stated they will do what they can to avoid mechanically damaging trees. Mr. Rohlf explained how he worked with property owner Robb Gass, south and east of this property,to shift the right- of-way to allow him to access his property. He also explained how one of the lots will require a temporary construction easement on an adjoining parcel to allow for proper grading. Commissioner Jordan asked Mr. Rohlf questions about Lot 6 and its size and shape. Mr. Rohlf explained it had to do with lot size, having to keeps lots at the minimum of 2.5 acres, and he has learned one of the neighbors wants to buy that parcel because it is adjacent to their property. Mr. Weege asked if there would be curb and gutter in this development, stating Fresno Street,which ends at the north part of this proposed development,has curbing and asked how this would transition from one development to the next. He also asked about the hill adjoining his property and how this would be changed to marry the two developments. Mr. Leeseberg stated it will not have curb and gutter and will have a rural section. He stated one of the conditions of this proposed development is removing the wings of the cul-de-sac and transition the continuation of the road through the new development. Mr. Rohlf stated he will try to leave as much of the hill as he can,but there will be a bit of a canyon through there. There being no one else to speak, Chair Larson-Vito closed the public hearing. Commissioner Rydberg asked why this development was not requiring curb and gutter. Mr. Leeseberg stated the direction staff has received from public works and engineering staff has been in the R1-a zoning district in these larger lots is to get away from curb and gutter and allowing the rural road sections to control water into it-401 wEeEUoRE IYAR' Planning Commission Page 5 May 25,2021 ----------------------------- ditches instead of adding cost with curb and gutter. He noted curb and gutter is required in urban service districts but in the rural areas it makes sense to use ditches the area already in place to control water. Mr. Rohlf stated the curb Commissioner Rydberg is referring to is bituminous,which tends to bust off when snowplowing. He stated the rural way to go is with a ditch. Commissioner Jordan asked how wide the road will be. Mr. Leeseberg stated the road would be 32 feet wide. Commissioner Rydberg asked if the utilities were going to be buried in the same right-of-way. Mr. Rohlf stated the utilities would be buried in the right-of Moved by Commissioner Beise and seconded by Commissioner Jordan to recommend approval of the request by Providence S&S LLC and Shawn Logan for the Preliminary Plat of Majestic Oaks with the following condition: 1. All comments on the Comment Letter dated April 7, 2021, shall be addressed. Motion carried 7-0. 5.3 Rebound LLC — 809 Jackson Ave. NW ■ Conditional Use Permit for Religious Institution, Case No. CU 2 1-11 Mr. Leeseberg presented the staff report. He distributed a handout provided by the applicant outlining the uses of the building by Rise Up MN, a Minnesota 5016 and fai h-bas cJ organization. Commissioner Rydberg wanted to understand the ownership of the property and building,would they be leasing it or is it owned by the church. Chair Larson-Vito opened the public hearing. Ken Beaudry, the applicant, stated the church will own the building and explained there is a non-profit board in place for Rise Up MN,who will own the facility and allow groups to use it. He explained that because youth are hurting right now more than ever,it was important to have a partnership between the school district, the city, and the church to offer services to youth. He stated they are still working on a model and for a nominal fee different non-profit organizations will be offered to utilize the facility. He ended by stating there was no limit to what they can do if the community gets involved. There being no one else to speak, Chair Larson-Vito closed the public hearing. 111`41AWRE . . .. . . . . . . Planning Commission Page 6 May 25,2021 Commissioner Rydberg stated this was an interesting pro)ect for this site and liked it was near the schools. Chair Larson-Vito asked if the proposed non-profit uses fall into the category of religious uses. Mr. Leeseberg stated they did not,but they fall under the office portion,which is a wider window of uses. Mr. Beaudry stated their services will be both faith-based and non-faith-based. Commissioner Jordan asked if there will be a commercial kitchen in the building. Mr. Beaudry stated the board decided against including a commercial kitchen due to increased requirements from the state. He stated the building will allow people to be fed but not include a cooking kitchen. Moved by Commissioner Jordan and seconded by Commissioner Rydberg to recommend approval of the request by Rebound LLC for a Conditional Use Permit for a religious institution located at 809 Jackson Ave. NW with the following conditions to satisfy the standards set forth in Section 30-654: 1. A cross access/parking easement agreement, with the property to the south (Lot 2, Block 1, Rise Up Addition), shall be recorded at the county. 2. The five existing evergreen trees located in the northeast corner of the property shall be removed. 3. The retaining wall along the north side of the lot shall be removed up to the existing power pole and telephone and grades tied in. Motion carried 7-0. 5.4 4#40OFirst Step Preschool, 413 Proctor Ave. NW ■ Conditional Use Permit for an Educational Use ■ Resolution 2 1-01 Approving Sale of Public Property Mr. Carlton presented the staff report. He noted the exterior fencing and layout has been ad)usted by the applicant to meet the standard and therefore, the listed condition regarding fencing may be removed. Chair Larson-Vito opened the public hearing. Lisa Egan, 19376 Carson Circle,is the owner of First Step Preschool,which has been based in Elk River for the past 40 years. She asked if the CUP guidelines will ever change in the future because she is making an investment in this building. Chair Larson-Vito stated because they can remove the fencing condition, there are IN' ' wEe'fE'oReEr" Planning Commission Page 7 May 25,2021 no conditions to follow if the use continues to meet the five criteria outlined in the staff report. Mr. Carlton stated the CUP continues with the property until she makes a change to the property. There being no one else to speak, Chair Larson-Vito closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Feinstein to recommend approval of the request by First Step Preschool for an Educational Use at 413 Proctor Ave. NW with the following eondition to as the standards set forth in Section 30-654 are satisfied:. 1. The feneing at the eona-ef Of I-R-r-e-e-tor A-venue and 4' Street shall eomply Motion carried 7-0. Moved by Commissioner Feinstein and seconded by Commissioner Rydberg to approve Resolution 21-02 finding the sale of Pinewood Golf Course to be consistent with the Elk River Comprehensive,Plan. Motion carried 7-0. 5.5 West Oaks LLC/Heritage Maples Senior Living LLC ■ Conditional Use Permit to Establish a Planned Unit Development, Case No. CU 21-10 ■ Preliminary Plat- Broadway on 10, Case No. P 21-05 Mr. Carlton presented the staff report. Chair Larson-Vito asked about the three proof of parking areas, and would they have to meet those to meet the parking requirements. Mr. Carlton stated he did not measure it out but felt that with the three spots available the opportunity could be there to meet the requirement. Chair Larson-Vito opened the public hearing. Daniel Leistico -18627 144"'St. NW, asked about the timing for the project,if there would be some type of buffer between the apartments and the lots to the west, and asked for clarification about the proposed traffic pattern, as he was not in favor of the traffic pattern showing vehicles traveling in front of his house. Mr. Carlton stated the developer can answer his question about project timing. He stated the submitted landscaping plan shows a row of trees and shrubs between the apartments and the lots to the west, so there would be a partial screen but not a berm. He explained the traffic pattens include travel through the West Oaks neighborhood providing two connection points. IN' ' wEe'fE'oReEr" Planning Commission Page 8 May 25,2021 ----------------------------- Mr. Leistico stated he would prefer traffic not be routed through the housing development to the west. Jim Berg— 14364 186`''Ln. NW,West Oaks, stated he was not opposed to the development but was baffled by the proposed traffic routes, stating it was detrimental to the properties in the immediate vicinity and does not meet Applicable Regulation #1, outlining the busy activity already occurring in his neighborhood. He expressed safety concerns with proposing traffic speeding through neighborhoods and suggested as an alternative option to complete the extension of Business Center Drive past the Beehive. He also expressed safety concerns with traffic entering Highway 10. He asked the Planning Commission to recommend denial of the applications until the traffic flow issues are addressed. Mr. Carlton clarified there was no current plan to acquire right-of-way along 18454 Waco St. NW to extend the roadway east from the Beehive to Waco Street, as indicated by a yellow line on his graphic. Dolores Kratzke, 14343 184"' Ct. NW,West Oaks,had concerns about preserving the wetland areas and the proposed plantings in the buffer area of the wetland. Mr. Carlton showed Ms. Kratzke the only area of the wetland area that would be disturbed in the hashed area which would be for the right-of-way and sidewalk. Everything else will remain, and trees will be planted in the buffer adjacent to wetland area. Todd Olin, Landform essional *vices on behalf of Broadway on 10,noted the developers were also available to answer questions. He explained when reviewing these plans, they noted a development such as this will generate traffic, but this was master planned back when the PUD was first established in and prior to when the West Oaks townhomes were constructed. He noted as the land is being developed in this area, traffic patterns are being established, and this development is one more step in these patterns. He stated the next significant step is the connection to the west, to US Highway 10,which has improved crossover features that include stacking lanes, turn lanes, and acceleration lanes. He stated in this proposal, most of cars will be going directly to Highway 10, taking the past of least resistance,whereas traveling through a development will be slower and less direct. The developers are paying for and improving roads to make the connection to the west,making road improvements, as well as making the connection to the west (labeled Service Drive). He noted if a traffic study is needed,they will provide on as a contingency of approval for this motion tonight and present it to the city council. He noted the timing of the project would begin this year and get as much done this winter with a spring opening. Mr. Carlton clarified that construction traffic will be using the MnDOT access road. Mr. Lundy stated yes, construction traffic will only be using Highway 10 during construction. it-401 wEeEUo0IE 1YAR' Planning Commission Page 9 May 25,2021 ----------------------------- Tom Hetland, 18427 Xerxes St. NW in West Oaks, expressed his concerns with traffic using Yankton and 183Td noting he felt it was already dangerous and not using the stop sign. He stated he has no problem with the development but felt the extension to Business Center Drive needs to happen and it is the key to making this a safer area. Mike Martin, 18465 Yankton St. NW, expressed his concerns with entering onto US Highway 10 and the speed of traffic. He requested the extension be installed to force people to use the light at Waco. Bill Popejoy, 14392 184`' St. NW, stated concerns with the impact on businesses on east half of Waco and the traffic leaving work at 4:30 p.m. Mr. Leistico stated there was no acceleration lane on US Highway 10 to go west. Richard Campion, 18413 Yankton St. NW, and stated as a retired police officer he spoke with knowledge about speed and traffic accidents, stating there will be fatalities, especially with 112 units. Debra Korinek, 18489 Yankton St. NW, expressed concerns with traffic. She also stated she appreciates the woods and beauty of the area and asked questions about the trees would be removed and asked questions about landscaping. Mr. Carlton explained there will be some removal of trees but stated about 45-50 feet will be left untouched because they are in a wetland,as well as any trees or items currently on property owned by the homeowner's association. Jean Steck (Daily), 18429 Xerxes St. NW, expressed concerns with witnessing numerous vehicles currently going through the stop sign on her corner as well as truck trailers going through the development to the Beehive. She stated her concerns about traffic on Highway 10 and the condition of their current streets. Denny Chuba, 10451 175`''Ave. NW, stated he is the developer and applicant as well as owner of the Beehive. He stated this location was proposed 15 years ago to be a townhome development. He stated the "yellow line" connecting to Waco Street was formerly Waco Street and the right of way was unfortunately abandoned 20 years ago when the roadway was realigned. He stated he has always been in favor of having a controlled access to his proposed development and felt now is the time for the city to rectify this, understanding it will not be easy but will need to happen. There being no one else to speak, Chair Larson-Vito closed the public hearing. Chair Larson-Vito stated she could identify with the traffic concerns because she used to live in that area and there was concerns back then. She noted Commissioner Jordan currently lives in the neighborhood. �PUNEREUREO R1 �JARf' Planning Commission Page 10 May 25,2021 ----------------------------- Commissioner Jordan asked if staff were aware of the cost to finish the connection road to Business Center Drive and would the city ever consider paying to put the extension in. Mr. Carlton stated he is not currently able to provide a timeline or cost of the road extension,but it is something the city could work on with the affected property owner to determine land acquisition and construction costs. He noted it ultimately depends on the willingness of the property owner. He stated he will attempt to have this information and a rough timeline for construction available for the June 7 city council meeting. Commissioner Jordan stated he cannot see recommending approval of this without that piece being in place. He also requested a traffic study be completed before approval of this development. His recommendation will be to table the application pending a traffic study be completed. He also wants cost and participation information in the road extension. He discussed areas that concerned him with this development including neighborhood safety with current traffic flow. He asked if there was a way to require with consequences if this were to be built that no construction traffic go down Xerxes and Yankton. Mr. Carlton stated there was no way to ensure or enforce a contract that does not allow construction traffic to travel through the city streets in the current neighborhoods. Commissioner Jor aristated their ....ren'fstreets are falling apart and will get worse with construction traffic. He noted there are many children living in these neighborhoods as well as seniors and adding construction traffic is asking for trouble. He expressed concerns with enough parking also. He commented the townhouse elev s ok date ..,,." Commissioner Rydberg agreed with Commissioner Jordan's comments and stated his concerns regarding vehicles accessing Highway 10 and how those accesses scare him with vehicles pulling out trying to get up to speed. He felt the streets are not designed to take the kind of traffic that is being proposed. He felt the way this was designed was setting themselves up for tragedies and would not be in support of this application as proposed. Commissioner Johnson asked questions about the direction for this property. He asked what a traffic study entails. Mr. Carlton stated the existing Comprehensive Plan adopted in 2014 guided this area for high density uses. The area had previously been zoned and ghost platted as a PUD 15 years ago. Mr. Carlton stated the traffic study would identify potential impacts,predictive patterns,time of day, traffic loads, and he would get input from the public works director on the range and scope of the study. 111`41AWRE . . .. . . . . . . Planning Commission Page 11 May 25,2021 ----------------------------- Chair Larson-Vito asked if the study would include safety information. She stated she was personally interested in statistics of the number of accidents on the non- controlled access on Highway 10. Mr. Carlton stated he was not sure if the study would include safety information. Commissioner Jordan asked if the study would include data from Big Lake Township. Mr. Carlton stated they would work with MnDOT to determine and get the data. Commissioner Beise stated he agrees with all the comments and concerns about loading up the intersection to Highway 10 with more traffic especially seniors who lose their ability to judge distances but did like the design of the project but until the road extension is in place would not support it as proposed. Commissioner Johnson agreed with Commissioner Beise and stated he also likes the design of the project. Commissioner Johnson stated he was not comfortable making a recommendation to the city council until some of these road connection and traffic study answers are revealed. Commissioner Rydberg stated he appreciated the developers are open to allowing the city to review traffic and safety concerns,but the broader problem is if this road extension would go through. Commissioner Jordan felt this was a city problem and not a developer problem. He asked if staff had received any comments from Big Lake Township. Mr. Carlton stated he had not received any comments from the township. c missione ordan asked about the proposed rents of the apartments. Someone from the audience commented mid-level rents with a community room. Moved by Commissioner Johnson and seconded by Commissioner Rydberg to table the request by West Oaks LLC/Heritage Maples Senior Living LLC for a Conditional Use Permit to Establish a Planned Unit Development until the June 22, 2021, Planning Commission meeting to allow for staff to obtain a traffic study and to obtain information regarding the purchase of right-of-way to allow for the extension of Waco Street to Business Center Drive. Motion carried 7-0. 6.1 Resolution Approving Sale of Pinewood Mr. Carlton presented the staff report. it-401 wEeEUo0 1YAR' Planning Commission Page 12 May 25,2021 Moved by Commissioner Johnson and seconded by Commissioner Beise to approve Resolution 21-02 finding the sale of Pinewood Golf Course to be consistent with the Elk River Comprehensive Plan. Motion carried 7-0. 6.2 Resolution Approving Transfer of Public Property Mr. Carlton presented the staff report. Moved by Commissioner Beise and seconded by Commissioner Feinstein to approve Resolution 21-03 finding the transfer of property to Elk River Municipal Utilities for continued use as a Government Facility is consistent with the Comprehensive Plan. Motion carried 7-0. 7. Council Liaison Update Councilmember Beyer provided an update to the Planning Commission about recent city council activities. The Planning Commission recessed into work session and reconvened at 8:33 pm. Vk " 8.1 Concept Review: Minnesota Municipal Power Agency ■ Zoning and Land Use Amendment Mr. Carlton presented the staff report. The commission discussed the proposed request to an I-3 use and the desirable and undesirable uses. Stephanie Falkers, Senior Associate Planner for SRF and Jim Richardson, Director of Energy Marketing for MMPA,provided a PowerPoint presentation outlining their proposal of rezoning the property=to I-3 to allow a variety of use that would be a desired industrial/job creator. It was the consensus of the Planning Commission that there was general support for lower industrial and high energy use activities and support a variety of intense industrial uses in the I-3 district, either by ordinance amendment or creation of an overlay district. CPAC members will be meeting in two weeks to discuss the Comprehensive Plan update and will specifically address this area in further detail. 9. Adjournment The meeting was adjourned at 9:08 p.m. IN' ' wEe'fE'oReEr" Planning Commission Page 13 May 25,2021 ----------------------------- Minutes prepared by Jennifer Green. Tina Allard City Clerk Jill Larson-Vito Planning Commission Chair it-401 wEAEU0o ArAR'