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04-26-2022 PC MINMeeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, April 26, 2022 Members Present: Chair Jill Larson -Vito, Commissioners Perry Beise, Dennis Booth, Tony Mauren, and Rob Rydberg Members Absent: Commissioners Eric Johnson and Craig Keisling Also Present: Councilmember/Liaison Mike Beyer Staff Present: Community Development Director 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 6:31 p.m. by Chair Larson -Vito. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider April 26, 2022, Planning Commission Agenda Moved by Commissioner Beise and seconded by Commissioner Booth to approve the April 26, 2022, Planning Commission agenda. Motion carried 5-0. 4. Consider March 22, 2022, Planning Commission Minutes Moved by Commissioner Beise and seconded by Commissioner Booth to approve the March 22, 2022, Planning Commission minutes. Motion carried 5-0. 5.1 Elk River Extreme Motor Park — 21591 US Highway 169 ■ Conditional Use Permit for track expansion and construct a roofed viewing deck, Case No. CU 22-09 Mr. Leeseberg presented the staff report. He distributed correspondence sent to ERX after the meeting packet had been sent with answers to ERX's concerns regarding conditions. Planning Commission April 26, 2022 Page 2 Commissioner Beise verified the extended hours were for Fridays and Saturdays. Mr. Leeseberg confirmed. Chair Larson -Vito opened the public hearing. Heidi Goodin, St. Francis, MN, is ERX's business manager. She addressed the Planning Commission regarding Condition 1 requesting extension of the current hours of operation on Fridays and Saturdays until 12 a.m. for administrative ease and consistency as there are five events that are requesting to go until 12 a.m. She stated since they are going through the CUP process, ERX was requesting that change now. Regarding Condition 11 for traffic ingress/egress off and onto US Highway 169, Ms. Goodin stated this is a hot topic for ERX. She explained ERX is in a 2-year transition period and was not sure if they could commit to the city's desire for a 2024 deadline. She stated ERX is not sure if they are going to keep the Lemmon property or if they will be in operation, noting the additional financial hardship this condition will cause along with the effects of the 169 Redefine project. She stated they are committed to working with MnDOT to find solutions when the time is right. She stated if this condition were approved, they would pull their CUP application as this is a big concern at this time. Ms. Goodin asked for clarification regarding the 1000-foot buffer as she had concerns with losing revenue from renting those trails. Mr. Leeseberg explained currently the 1,000-foot buffer is along the east and south property line of the southern 80 acres. He requests the entire length of the property line comply with a buffer. He explained it is a 1,000-feet from structures, not the property line. Chair Larson -Vito asked Ms. Goodin about the discussions ERX is having with MnDOT. Ms. Goodin stated current conversations with MnDOT include traffic plans with any event they have and once they tell ERX they must change their ingress/egress, ERX will decide then what those changes will look like. Commissioner Mauren asked where the frontage road was on the Lemmon property. Mr. Leeseberg explained on the map where the access points on the Lemmon property were to get to Brook Road. Ms. Goodin noted that they do own the Lemmon property but have not done any improvements or rezoning of the property yet, they will wait until ERX completes some long-term plans. Commissioner Mauren asked about ERX's camping events. p I I I R I I IT NA TURD Planning Commission April 26, 2022 Page 3 Ms. Goodin explained the current MN Department of Health guidelines and permits that allow for campers to stay per event. She stated they have staff on site 24 hours a day, and campers stay at The Field and The Ridge, noting The Back Forty are racer pits for vehicles. She stated they try and keep campers away from neighbors to minimize impact. Chair Larson -Vito commented ERX has been before the Planning Commission several times and asked about Ms. Goodin's comments tonight that the operation of this business is tenuous, and did she interpret this correctly. Ms. Goodin stated the operation of this business is volatile. She stated it is a hobby for Chris and Todd and they enjoy bringing great resources and people to the community. However, losing money is not fun anymore and she has been tasked with helping the business break even during the next few years. There being no one else to speak, Chair Larson -Vito closed the public hearing. Commissioner Booth stated he was in support of Condition 6 giving ERX another hour until midnight. He stated he lives close to the facility and noted while the concerts are loud, they are not held continuously and had no objection to this request. Commissioner Rydberg stated this is a unique property and venue with a unique use and felt trying to fit this use into a shoebox is impossible. He stated he did not think it was a big deal ERX was asking for an additional hour of operation. He felt like ERX was working with the neighbors to minimize complaints. He stated ERX will have a big cost when they have to make their ingress/egress changes. He is in favor of allowing their requests to make their business a success because it brings a lot of money and people to this town. Commissioner Beise asked how many noise complaints the city receives. Ms. Goodin stated five large events a year — 3 of the five they get noise complaint emails afterwards. Mr. Leeseberg stated the past two winters they have received snowmobile proximity complaints, and generally the city receives 2-4 complaints per year. He stated the city has worked with the applicant on minimizing complaints. Chair Larson -Vito asked if extending the hours will allow for more than the five concerts per year. Ms. Goodin stated it would allow for additional concerts, but ERX does not plan for more concerts. Mr. Leeseberg clarified that ERX is asking for all events, not just concerts, be extended and concerts can occur at any time. PIIEIEI IT NATURE Planning Commission April 26, 2022 Page 4 Chair Larson -Vito stated she wanted clarification because any future owner of these properties would have the ability to have concerts. She stated the Planning Commission must have felt the need to keep the hours at 11:00 p.m. previously with the current CUP. Commissioner Beise stated he was more inclined to expand the number of special events instead of changing the hours of operation for every weekend. Mr. Leeseberg stated the condition of five events is tied to recreational camping. Mr. Carlton stated since he oversees code enforcement calls, he stated generally those complaint calls are more closely aligned with Condition 3 with vehicles getting too close to the property line, not due to noise complaints late into the evening. Commissioner Booth stated based upon that information, he is still ok with extending the hours of operation. Chair Larson -Vito asked about Condition 3 and the term "regardless of when they're erected" wondered if that placed an unnecessary burden on the property owner. She felt it may cause the applicant to change their business operations because someone else develops their property. Mr. Leeseberg stated the standard is also to ensure that neighboring property owners in the city have the same rights to develop their property. He explained it is a double- edged sword. Commissioner Mauren asked for clarification of what is a motorized vehicle and the trail that runs along the east property line. Commissioner Rydberg asked if someone builds a shed within the 1000' range, how does that effect ERX? Mr. Leeseberg stated it does not state an accessory structure, so a shed would be all right. It is only when a residence, livestock and/or arena. He said this relates back to the standard of not detrimentally effecting the development of surrounding properties and that standard needs to be taken seriously because the surrounding properties are large lots that may be developable in the future. Commissioner Booth asked to remove Condition 6 restricting the access points, commenting that MnDOT is well ahead of what the city would oppose on the property. Mr. Leeseberg stated MnDOT is continuing to review this application and he has requested their comments in time for the City Council meeting. Commissioner Mauren asked if there were any information regarding accidents on the highway. 101ERE1 I NATURE Planning Commission April 26, 2022 Page 5 Mr. Leeseberg stated neither MnDOT or law enforcement have informed the city of any events or concerns. Commissioner Rydberg proposed striking Condition 6 and allowing MnDOT to decide future access points with ERX. Chair Larson -Vito and Commissioner Booth concurred. Chair Larson -Vito asked about the sign size. Mr. Leeseberg indicated he had spoked with Ms. Goodin earlier in the day and clarified the Planning Commission is not approving the look or size of the sign, just the size of the changeable copy. Commissioner Mauren asked about the future of urban services in the area. Mr. Carlton stated the city is currently doing a service area expansion study in the northeast area of the expanded urban service district, which does not include these properties. Moved by Commissioner Rydberg and seconded by Commissioner Beise to recommend approval of the request by Elk River Extreme Motor Park for a Conditional Use Permit to facilitate track expansion and to construct a roofed viewing deck at 21591 US Highway 169 with the following conditions: 1. No more than five Special Event Recreational Camping events per year may occur on the properties that are regulated by this Conditional Use Permit. 2. The hours of operation shall be: a. Sunday through Wednesday 7:00 a.m. — 9:00 p.m. b. Thursday 7:00 a.m. —10:00 p.m. C. Friday and Saturday 7:00 a.m. —12:00 a.m. d. Five (5) three (3) day events per year, by special event permit, will be granted for extended hours to midnight. 3. Motorized events are prohibited within 1,000 feet of any residence, livestock shelter, and/or arena, regardless of when they were erected. 4. All motorized and non -motorized trails must be set back 50 feet from the north, east, and south property lines, and 45 feet from all delineated wetlands. 5. Staff will continually work with the applicant on the location of future trials to ensure they are not impacting wetlands and/or required buffers. eeetir at Brook Read and aK r points Highway f 7. Existing structures used for any type of gathering, assembly, spectators, viewing, and/or customers shall be reviewed by the Building Official for compliance with all state and local building codes. PIIIR[1 11 NATUR Planning Commission April 26, 2022 Page 6 8. Camping areas shall be as identified on the site plan dated 3/24/2022 and shall not be closer than 50 feet to any property line. 9. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated 3/24/2022. 10. Staff approval of the Safety and Crisis Communication Plan. a. This plan shall be reviewed annually by all parties prior to May 1. 11. Staff approval of an on -site traffic/distribution plan that demonstrates: a. Logical on -site distribution of participants, spectators, and public safety. b. Adequate on -site stacking for admission and egress. Motion carried 4-1 with Commissioner Beise opposing. 5.2 Josh Anderson — Marshall Motors LLC — 10908 171" Ave. NW ■ Amendment to Conditional Use Permit CU 22-06 to operate a used automobile dealership and repair autos, Case No. CUP 22-10 Mr. Leeseberg presented the staff report. Commissioner Mauren asked if there were any MPCA requirements that needed to be addressed regarding this application. Mr. Leeseberg indicated there was not. Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito closed the public hearing. Moved by Commissioner Beise and seconded by Commissioner Mauren to recommend approval of the request by Josh Anderson of Marshall Motors LLC for an amendment to CU 22-06 allowing operation of a used automobile dealership and repair autos at 10908 171't Ave. NW with the following conditions to satisfy the standards set forth in Section 30-654: 1. The city's Building Official and Fire Marshal shall inspect the building for compliance with all state and local building codes. 2. No more than five "for sale" vehicles can be on site at one time. 3. The five "for sale" parking stalls shall be marked with signage. 4. Auto repairs shall not be allowed outside of the building. 5. A banner sign can only be utilized for 90 days through the city's temporary sign permit process. Motion carried 5-0. P 0 W I R I I I NATUREJ Planning Commission April 26, 2022 Page 7 5.3. 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. Chair Larson -Vito opened the public hearing. Todd Olin, Landform, introduced himself on behalf of the applicant, Daniel Kruger. He indicated the plans submitted followed the plans that were previously submitted during the Concept Review phase. He updated the commission that the road will now be paved, and sewer extension installed along the private road to the north property line. He also noted they worked with an easement with Elk River Municipal Utilities. There being no one else to speak, Chair Larson -Vito closed the public hearing. Commissioner Mauren asked about the current litigation with the owners of Wapiti Campground. Mr. Leeseberg stated that litigation is independent of this application and does not include this property. Moved by Commissioner Booth and seconded by Commissioner Mauren to recommend approval of the request by Daniel Kruger amending the Comprehensive Plan to change the land use from Traditional Single -Family Residential to Mixed Residential as outlined in the staff report. Motion carried 5-0. Moved by Commissioner Rydberg and seconded by Commissioner Booth to recommend approval of the request by Daniel Kruger of an ordinance rezoning certain properties from R-1b to R-21b for the following reason: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. And with the following conditions: 1. The Land Use Amendment, to Mixed Residential (LU 22-01) shall be approved by the City Council. 2. The existing driveway along the east property line must be improved to city standards consistent with private streets 3. Staff approval of an easement providing perpetual, non-exclusive, cross access movement for vehicular and pedestrian traffic over the P011a I er JTURE Planning Commission April 26, 2022 Page 8 improved driveway along the east property line. The easement provides access to the four properties north of the subject property. 4. The easement will need to provide that the grantor of the easement will be responsible for the construction, maintenance, and upkeep of the paved access drive across the subject property. 5. This approval shall not become final, and building permits will not be released, until the easement has been recorded. Motion carried 5-0. 5.4. City of Elk River ■ Ordinance Amendment — Section 30-803(d), Keeping of Chickens, Case No. OA 22-03 Mr. Leeseberg presented the staff report. Commissioner Rydberg asked for clarification about this amendment regarding acreage for the number of chickens. Mr. Carlton stated perhaps Commissioner Rydberg is thinking of a recent request to create a tiered structure for allowing chickens on smaller lots, and neither the commission nor the City Council were in favor of making any changes to the number of chickens allowed, but what this amendment does is clarify the ordinance language for the public's understanding with parcels over 5 acres. Chair Larson -Vito asked if there were complaints about roosters. Mr. Carlton stated they received an occasional rooster complaint on properties that were not allowed to have chickens in the first place. Mr. Leeseberg explained why he brought it as part of this amendment and reinforcing it only be allowed on parcels within the urban service district. Commissioner Rydberg stated you have to have a rooster to have a laying hen for eggs. Mr. Leeseberg stated since adopting this ordinance, they have not had very many chicken CUPs, so eggs are happening somehow. Chair Larson -Vito opened the public hearing. There being no one to speak, Chair Larson -Vito closed the public hearing. Moved by Commissioner Beise and seconded by Commissioner Mauren to recommend approval of the ordinance amendment by the City of Elk River for Section 30-803(d), Keeping of Chickens, as outlined in the staff report. P 0 1 1 R I I B T NA I URd Planning Commission April 26, 2022 Motion carried 5-0. 6. General Business Commissioner Mauren will take the May 16 City Council rotation for Planning Commission representation in place of Commissioner Keisling. 7. Council Liaison Update Page 9 Councilmember Beyer provided an update to the Planning Commission about recent City Council activities. The Planning Commission recessed at 7:30 p.m. to go into work session. They reopened the meeting at 7:35 p.m. 8.1. Ordinance Amendment — Section 30-793, Accessory Buildings, Case No. OA 22-04 Mr. Leeseberg presented the staff report and asked for feedback on the proposed accessory structure size requirements. He stated staff was recommending parcels over one acre in the R-1b, R-1c, and R-1d zones follow the one -acre limitation in the R1-a district which would be 2,500 square feet (outside of the Urban Service District [USD]). This would allow residents that drive tractor/trailers to be allowed to park on their parcels within a structure. Mr. Leeseberg stated they are also recommending the table in Section 30-793(c) be removed as any remaining larger lots in the USD likely would be subdivided. He showed a map of the USD with dividable parcels over one acre. He requested the commission provide feedback on the proposed amendments. It was the consensus of the Planning Commission that the proposed amendment changes made sense to allow property owners more opportunities to use their property. This item will return to a regular Planning Commission meeting for a public hearing. 8.2 Comprehensive Plan: Land Use and Zoning Map Updates Mr. Leeseberg presented the staff report, outlining the need to make changes to the zoning map since the Comprehensive Plan was updated in October 2021. It was the consensus of the Planning Commission to support the proposed land use and zoning map changes for Highway Business, Business Park, and Industrial categories. Future discussion will be requested for the remaining land use and zoning districts and final review and action will be done once all categories are looked at. PO11RII I NATURE Planning Commission April 26, 2022 9. Adjournment The meeting was adjourned at 7:57 p.m. Minutes re ared by Jennifer Green. Tina Allard City Clerk �v\ Jill 1 9-on-Vito Planning Commission Chair Page 10 ►or1AEI I1 ATURE