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03-22-2022 PC MINMeeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, March 22, 2022 Members Present: Chair Jill Larson -Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig Keisling, Tony Mauren, and Rob Rydberg Members Absent: None Also Present: Councilmember/Liaison Mike Beyer 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 6:37 p.m. by Chair Larson -Vito. 2. Consider March 22, 2022, Planning Commission Agenda Moved by Commissioner Johnson and seconded by Commissioner Beise to approve the March 22, 2022, Planning Commission agenda. Motion carried 7-0. 3. Consider February 23, 2022, Planning Commission Minutes Moved by Commissioner Beise and seconded by Commissioner Keisling to approve the February 23, 2022, Planning Commission minutes. Motion carried 7-0. 4.1 Election of Chair Moved by Commissioner Johnson and seconded by Commissioner Rydberg to appoint Jill Larson -Vito as Chair of the Elk River Planning Commission. Motion carried 7-0. 4. Election of Vice -Chair --� Moved by Commissioner Johnson and seconded by Commissioner Mauren to appoint Perry Beise as Vice -Chair of the Elk River Planning Commission. Planning Commission March 22, 2022 ----------------------------- Motion carried 7-0. Page 2 5.1 Steve Hickman — 9875 US Highway 10 ■ Interim Use Permit to Allow Temporary Storage and Sale of Garden Sheds and Furniture, Case No. IU 22-01 Mr. Carlton presented the staff report. Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito closed the public hearing. Commissioner Rydberg asked if the applicants had any concerns with the conditions. Mr. Carlton stated he spoke to the applicants, who understood the conditions. Commissioner Rydberg asked if when the property is rezoned, will the applicant have to come back and request a variance for larger signage. Mr. Carlton stated he met with the applicant last week and discussed signage in the C3 zoning district. He indicated the applicant is allowed a 30' tall sign at 150 sq. ft. and the applicant felt that size was sufficient. He stated the changeable copy sign would require a Conditional Use Permit if the applicant wished for a changeable copy sign larger than 30 feet. Commissioner Mauren asked about approval from MnDOT regarding Highway 10 access. Mr. Carlton stated he will identify where the additional access will be available with Item 5.2. Moved by Commissioner Keisling and seconded by Commissioner Booth to recommend approval of the request by Steve Hickman for an Interim Use Permit at 9875 US Highway 10 with the following conditions: 1. The Interim Use Permit shall terminate two years from the date of approval, upon sale of the property, or upon issuance of a certificate of occupancy for the use approved with case number SP 22-03. 2. All temporary parking, display, and drive areas must be located on compacted Class 5 gravel. 3. The site shall be maintained in accordance with city standards, to include mowing, trash disposal, and accumulation of waste. 4. When customers and employees are present on site the property owner must provide portable ADA compliant bathroom facilities. 5. All access to the property shall come from Gateway Road NW. All access points to US Highway 10 shall be removed, unless otherwise approved by MnDOT. NATURE Planning Commission Page 3 March 22, 2022 ----------------------------- 6. The final plat for Hickman Addition (Case No. P 22-03) must be recorded prior to establishing the use authorized by the IUP. 7. The use shall be limited to Lot 2, Block 1, Hickman Addition. 8. An ordinance amendment changing the zoning of the parcel to Highway Commercial (C-3) shall be recorded prior to establishment of the interim use. 9. The applicant must secure a grading permit prior to beginning work on the site. Motion carried 7-0. 5.2 Steve Hickman — 9875 US Highway 10 ■ Zone Change from 1-3 Industrial to C-3 Highway Commercial, Case No. ZC 22-03 ■ Preliminary Plat of Hickman Addition, Case No. P 22-03 Mr. Carlton presented the staff report. Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval of the request by Steve Hickman for amending the ordinance changing the zoning for the project area from I-3 General Industrial to C-3 Highway Commercial. Motion carried 7-0. Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend approval of the Preliminary Plat for Hickman Addition with the following condition: 1. The plat shall be updated to include access restrictions along US Highway 10 unless MnDOT provides written approval of the desired driveway connections. Motion carried 7-0. 5.3 Lowell 10 Partners, LLC — PIDs 75-405-0190 and 75-405-0120 ■ Zone Change from Downtown District to Planned Unit Development, Case No. ZC 22-01 ■ Conditional Use Permit Establishing a Planned Unit Development, Case No. C U 22-08 Mr. Carlton presented the staff report. teNEeEl er NATURE Planning Commission March 22, 2022 Commissioner Booth asked if the number of overall parking spaces would be maintained after construction. Page 4 Mr. Carlton indicated the number of overall parking spaces would be maintained after the construction. Commissioner Mauren asked about the area by the front doors and access to the front doors. Mr. Carlton stated he did not see anything impeding the current entrance and the parking lot would be striped after completion to make parking spots clear. Chair Larson -Vito opened the public hearing. Deb Lidahl — owner of Kemper Drug, downtown Elk River, stated she was thrilled to see businesses come to downtown Elk River, but she was concerned with the traffic flow at Highway 10 and Lowell should this project be approved. She stated she sees existing traffic challenges and confusion at this intersection, causing jams, and wonders if the new project would exacerbate what is already taking place. She hoped that was something the commission would discuss when reviewing the request. She also asked what do we want for our downtown? She stated her downtown business group has talked about the value of them being a destination business and finding the value of visitors staying here to take advantage of existing businesses. She stated she felt like this type of business would make people come in and immediately leave. She felt there is already parking concerns and perception of lack of parking and would this create the perception of congestion. Lastly, she felt like this type of coffee shop deters from her vision of having a sit-down coffee shop and deters anyone else from coming into downtown, which would also benefit the surrounding businesses in downtown. There being no one else to speak, Chair Larson -Vito closed the public hearing. Chair Larson -Vito stated she also had similar concerns with traffic flow and as a commission they have limitations with choosing what type of business comes in, if it's allowed by city ordinance and asked if we were bound by that. Mr. Carlton stated yes if it is allowed by city code. but in this instance, they are requesting some deviations due to the zone change to a PUD. Chair Larson -Vito asked if staff had received any comments from MnDOT. Mr. Carlton stated the initial comments from MnDOT related to stormwater as it connects to a system that is maintained by MnDOT, but he has received no comments related to traffic. Commissioner Mauren asked if staff had received any comments from the owner of the building. p0WIAEI 11 NATURE Planning Commission Page 5 March 22, 2022 W Mr. Carlton indicated he had not received any comment or concerns from the Perpetual Health Alliance building. Commissioner Johnson asked about staff concerns. Mr. Carlton stated staff was concerned with internal circulations and exiting, as well as snow load and parking. He stated the conversations were with traffic and ensuring having as many cars stacking internally instead of on Lowell. Commissioner Keisling felt there would be congestion issues with ingress and egress traffic flow. Mr. Carlton stated they reviewed the flow of traffic entering and exiting the site and discussed if there be a significant impact on the safety of the site. In their review, they did not see it, but it is a valid point to bring up. Commissioner Mauren asked if the plans are corporate template. Mr. Carlton stated he was not sure, but they did try and maximize the number of cars allowed in the drive through without impacting parking. Commissioner Johnson asked how many cars they felt they could stack in the drive through. Mr. Carlton indicated they felt they could get up to ten cars in the drive through. Commissioner Johnson stated he was comfortable with the site layout as he does not really see that many cars in other drive throughs. Commissioner Rydberg stated he sees a very awkward situation and sees a congestion problem with travelers getting on and off Highway 10 at Lowell. He stated he understands you cannot tell a business to not come into but felt the design does not seem to fit but loves the idea. He also disagreed with employees parking on the street as he felt it would cause visibility concerns. Commissioner Johnson stated he felt anything that goes in this spot would have challenges and felt they were missing out on Highway 10 frontage. Chair Larson -Vito noted a drive through would create additional traffic in the area. Commissioner Rydberg stated he would be curious at the number of vehicles currently traveling through the area. He did not feel that street was meant to have that much traffic. He also stated there is already concerns with perceived problems of employee parking downtown. Mr. Carlton stated a possible solution would be to have an independent traffic analysis completed to either be reviewed by the Planning Commission or presented to the City Council. VNXA 1URE Planning Commission March 22, 2022 Page 6 ----------------------------- Commissioner Booth wondered if they should post no parking signs along Lowell. Commissioner Rydberg indicated the employees were going to be parking on Lowell. Moved by Commissioner Johnson and seconded by Commissioner Mauren to recommend approval of the request by Lowell 10 Partners, LLC, for the zone change from Downtown District to Planned Unit Development (PUD) with the following conditions: 1. The zone change will not be recorded until City Council approves a PUD agreement for the project. 2. A traffic study will be completed for review by the City Council. Motion approved 7-0 Moved by Commissioner Johnson and seconded by Commissioner Mauren to recommend approval of the Conditional Use Permit establishing a residential Planned Unit Development (PUD), with the following conditions: 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. The parking lot must be re -striped to accurately delineate the parking areas post construction. 3. Staff approval of updated plans addressing comments outlined in the attached comment letter dated March 15, 2022. Motion carried 7-0. Mr. Carlton stated the traffic study would need to be completed prior to being brought to the City Council. He stated they might have to open and continue the public hearing but would need the traffic study reviewed before the council decides. 5.4 K-9 Country Club — Travis Petron, 18753 Cleveland St. NW ■ Conditional Use Permit to allow a commercial kennel, Case No. CU 22-07 Mr. Leeseberg presented the staff report. Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito closed the public hearing. Commissioner Rydberg asked if commercial kennels have different leeway with noise or are they under the same restrictions as private kennels. Mr. Leeseberg state the noise ordinance applies the same. I t E A E l e r I`r1ATURE Planning Commission Page 7 March 22, 2022 ----------------------------- Moved by Commissioner Beise and seconded by Commissioner Keisling to recommend approval of the request by Travis Petron of K-9 Country Club for a Conditional Use Permit at 18753 Cleveland St. NW to allow a commercial kennel with the following conditions to satisfy the standards set forth in Section 30-654: 1. The applicant shall receive a commercial kennel license from the city. 2. No more than six (6) animal units shall be allowed outdoors at once. 3. The number of animal units permitted for boarding shall be limited to 16. 4. The removal of animal waste shall comply with Section 10-5. 5. No more than two (2) animals per supervisor shall be allowed outside of the fenced area. 6. All dog waste shall be cleaned up immediately when the dogs are off -site. 7. No dogs designated as dangerous or potentially dangerous are allowed to be kept on site, and the keeping of such dog shall be grounds for revocation of the permit. 8. The dog park fencing shall be maintained at all times. Motion carried 7-0. 5.5 Daniel Kruger — Property I D#75-87 1 -0 105 ■ A. Land Use Amendment from Single Family to Mixed Residential Neighborhood, Case No. LU 22-01 ■ B. Zone Change from R I b (Single Family Residential) to R2b (Residential), Case No. ZC 22-03 Mr. Leeseberg presented the staff report. He requested the Planning Commission open and continue the public hearing to April 26, 2022, to allow time for staff and legal counsel to continue researching road right-of-way on the eastern portion of the property. Chair Larson -Vito opened the public hearings. There was no one present to speak. Chair Larson -Vito continued the public hearings for both requests to April 26, 2022. 6. General Business Larson -Vito opened 7. Council Liaison Update Councilmember Beyer provided an update to the Planning Commission about recent City Council activities. The Planning Commission recessed at 7:18 p.m. to go into work session. They reopened the meeting at 7:25 p.m. PI�EI[I 11 NATURE Planning Commission March 22, 2022 7.1. Vinje Investments, LLC — 16807 US Highway 10; 75-01 1-2401 and 75- 011-3203 ■ Concept Review: Mini -Storage, Outdoor Storage, and Light Industrial, Case No. CR 22-02 Page 8 Mr. Carlton presented the staff report. Mr. Vinje's consultant and architect, Paul Kangas, was available via Zoom. Mr. Carlton explained the area would require a zone change and possible comprehensive plan amendment as ministorage is not a permitted use in the current zoning district. He discussed the wetlands and a natural gas line easement which will limit some parcels and what can be developed on them. He stated this area has challenges but also some strengths. Mr. Carlton stated the west side of US Highway 10 is geared for a frontage road, but the east side of the highway is still very much unknown. Mr. Vinje indicated he was interested in offering the parcel with the white house, which has highway access, to the city for a possible land exchange, but because MnDOT is still working on future plans the city will not proceed with an exchange until MnDOT's plans are finalized. Mr. Vinje indicated he may sell that parcel because he does not want to wait that long. He also discussed the billboard parcel and how his decisions are highly dependent on what MnDOT proposes for the US Highway 10 interchange. Commissioner Johnson commented he would support the use of the ministorage and outdoor storage concept. He asked questions about MnDOT closing access to the highway as seen in other highway improvement project. Mr. Carlton stated it is helpful to plan for a future interchange, but the location of the interchange is still up in the air. He noted MnDOT will look to do what best fits the site and the timeline is unknown. Chair Larson -Vito stated she was in favor of accepting this layout in the FAST - zoning district with light industrial near the highway and mini -storage in the rear of the parcel, so the visual entrance to the city is more attractive. She would like the outdoor storage to be screened by the mini -storage buildings. Commissioner Booth asked questions regarding the existing wetlands and where the stormwater will go. Mr. Vinje explained he is completing a wetland delineation process and will learn what types of wetlands are present, any impact on his proposed project, and the cost of filling in some wetlands should he wish to purchase wetland credits. He indicated the area is about 1.3 to 1.5 acres of wetland at an approximate cost of $150,000 to fill and would prefer to leave the wetlands alone, if possible, to avoid additional costs. 7 NATURE Planning Commission March 22, 2022 Page 9 Mr. Carlton stated to proceed, appropriate reviews and approvals will be required under the Wetland Conservation Act. The commission discussed the billboard parcel and Mr. Carlton stated the ordinance requires the billboard to be the only structure on no less than a one - acre parcel and the parcel must have access to it. Mr. Vinje stated what happens to the billboard parcel will depend on MnDOT's plans for a future on -ramp and whether the parcel retains highway access. Mr. Kangas stated he appreciated the comments from the commission and are similar in discussions he has been having with Mr. Vinje. He felt the light industrial proposal is an exciting opportunity for the area. He indicated the northeast parcel is going to be greatly impacted by the natural gas pipeline and apologized for not having that represented on the proposed concept plan. He stated he would like to see the mini storage near the highway for better visibility. He noted they will have to work through the easements and setbacks, along with MnDOT's future plans as they become available, to assist Mr. Vinje in how he will proceed in the future. 7.2 Rick Foster and US Home, LLC, PIDs 75-136-2400, 75-136-1300, 75-136-4200 ■ Concept Review: Residential Subdivision, Case No. CR 22-03 Mr. Carlton presented the staff report. Paul Tabone from US Home LLC presented information to the commission and answered questions. Some specific home details: -Variety of lot sizes: 45', 55', 60', and 65' with minimum 15' between buildings. -Setbacks proposed: 25' front, 7.5' side, 20-30' rear and depends on home itself- can have add-ons like a sunroom or patio/deck. Some with basements and some with slab on grade. -Lot fit tracking system will ensure the requested home will fit the lot width and depth; differentiation in facade treatments and accents; internal monotony code ensures homes surrounding will have different elevations and lot sizes. -Row townhomes would have homeowner's association. -Still completing survey work. -Market shows the desire to have some space in the front but a generous rear yard space for outdoor living and entertaining space; not concerned with close side yard setback. -Analyzing pricing but townhomes range in mid-$300,000 and single-family homes between $500,000-600,000 market rate attainable housing. Suggestions from the Planning Commission: -Allow for larger lot sizes near the wetlands. -Wetland setbacks be clearly defined to avoid future variance requests for decks (45 feet). -Consider a ghost plat for the parcel to the north to seamlessly join each development and consider similar homesites to allow for a smoother transition. rofsEe' I �rIATURE Planning Commission March 22, 2022 Page 10 -Consider a discussion with the owner of the parcel to the east of the proposed development as the owner was open to a conversation. -Consider no smaller than 65' lot sizes throughout the development as the area is guided for mixed use residential and the abrupt flow "from city to country." -Offer a mix of lot sizes to meet the market demand. -Parking analysis is suggested to ensure appropriate amounts of on -street and off- street parking, adequate snow storage. -Vary architectural standards and house details. -Sidewalks, trail connections, and park dedication reviewed by the Parks and Recreation Commission on April 13, 2022. Consider off-street trails. -Traffic analysis reviewed with EAW. -Stormwater management. -Minimize cul-de-sacs. -Lennar to provide a map of similar developments for the commission to look in person (Mr. Tabone suggested Hunter Hills in Otsego). 8. Adjournment The meeting was adjourned at 8:39 p.m. Minutes prepared by Jennifer Green. Tina Allard Ci Clerk V/(RI J' arson -Vito Planning Commission Chair NATUR�