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3.1. DRAFT PC MINUTES 07-26-2022 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, June 28, 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: Senior Planner Chris Leeseberg and Sr. Admin. Assistant/Recording Secretary Jennifer Green 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:54 p.m. by Chair Larson-Vito. 2. Consider June 28, 2022, Planning Commission Agenda Chair Larson-Vito added item 4. Open Forum to the agenda. Moved by Commissioner Johnson and seconded by Commissioner Keisling to approve the June 28, 2022, Planning Commission agenda with the addition noted above. Motion carried 7-0. 3. Consider May 24, 2022, Planning Commission Minutes Moved by Commissioner Beise and seconded by Commissioner Mauren to approve the May 24, 2022, Planning Commission minutes. Motion carried 7-0. 4. Open Forum James Sweazey, 18434 Cleveland St. NW, distributed a letter and discussed his concerns with a future development being planned which will surround his property. He was against such high density of homes being proposed next to his property and requested single family homes be situated surrounding his property instead of the proposed townhomes. Planning Commission Page 2 June 28, 2022 ----------------------------- 4.1 Elk River Winlectric – Troy Tamm, 12777 Meadowvale Rd. NW  Conditional Use Permit to allow outdoor storage, Case No. CUP 22-11 Mr. Leeseberg presented the staff report. He noted there were updates made to the site plan (version 2) and conditions (updated in red) since the staff report was distributed. He handed out updated conditions and site plan documents following discussions with the applicant. The applicant had concerns with the fence installation date and requested an extended deadline for construction, along with not requiring the fence gate on the east side of the building, and he would prefer a steel mesh or vinyl fence over a wooden fence. Chair Larson-Vito opened the public hearing. Troy Tamm, 12777 Meadowvale Rd. NW, was the applicant and explained the history of the business expansion and desire to stay in Elk River. He was in support of installing the fencing, but his concern was the proposed deadline and supply chain concerns. He stated they have cleaned up the back storage area in the past month and would like to construct the fence along the back property. He stated he is surprised they have not had more items stolen. He stated they did not want outdoor storage and have rented three garages from Kiser Construction next door to store outdoor items. He requested one year to clean up the property and fencing installed. Commissioner Beise asked what date would work for Mr. Tamm to finalize the fencing. Mr. Tamm stated if they can get it done by September 1 he would, but he stated the pricing for these items are 40% higher than normal currently and availability is a concern. He wanted to meet the proposed deadline but realistically felt a longer deadline would be more beneficial. Mr. Leeseberg stated the date was arbitrary but if the commission were comfortable with moving the installation deadline to spring, it would help the applicant because by November the fence would not be able to be installed due to frozen ground. He stated it was important to give sunset dates for CUP requests on businesses already operating. Commissioner Rydberg stated the business was in an industrial area and felt the wood fence was not appropriate, leaning more towards a metal fence. Chair Larson-Vito stated she lives in that area and felt it was more a residential area. Commissioner Mauren asked about the proposed fence and asked if the mesh fence was made for opacity or a wind guard. Mr. Tamm stated the mesh fence was more for screening. Mr. Leeseberg read the ordinance and noted it requires reducing visibility and was not required to totally block the vision of the object, it can have some opacity. He Planning Commission Page 3 June 28, 2022 ----------------------------- suggested wood because it is 100% opaque, but it was up to the commission and council to make the final determination. Commissioner Keisling asked about the gate on the east side. Mr. Tamm stated he did not want the gate on the east side, it would always be open during working hours. Mr. Leeseberg stated the gate was not required but more a matter of preference for the city to screen the items behind it. th Steve Rohlf – 12821 188 Avenue NW – stated he lives in the residential area immediately to the south of the property. He asked the applicant if the fence in the back would impede semi-truck traffic. Mr. Tamm stated it did not. Mr. Rohlf stated he has lived in the area for over 60 years and was not opposed to any condition if it keeps the company in business, noting Winlectric has been a good neighbor. There being no one to speak, Chair Larson-Vito closed the public hearing. Chair Larson-Vito indicated she lived in the area as well and concurs Winlectric has been a good neighbor. She stated she also works in the construction industry. She agreed there was a supply-chain issue and it was tough right now. She had no problem with chain link fencing but did not think the commission has allowed the slat fencing. Mr. Leeseberg stated slat fencing is allowed in the ordinance. Chair Larson-Vito stated she did not feel the slat fencing would be a good fit in this area with residential properties surrounding. The commission discussed the type of fence and was in support of fencing that was allowed by ordinance and extending the installation date to June 1, 2023. Moved by Commissioner Johnson and seconded by Commissioner Mauren to recommend approval of the request by Troy Tamm of Elk River Winlectric for a Conditional Use Permit at 12777 Meadowvale Rd. NW with the following conditions to satisfy the standards set forth in Section 30-654: 1. The property shall comply with Section 30-807. 2. A 6-foot tall, 100% opaque fence shall be installed in the location as shown on the site plan dated July 18, 2022, v2. 3. The fence shall be installed by September 1, 2022 June 1, 2023. 4. The parking lot shall be striped by September 1, 2022 5. All outdoor storage must occur in the fenced in area or within the three temporary structures. Planning Commission Page 4 June 28, 2022 ----------------------------- 6. No product can be stored on top of the three temporary structures or higher than the top of the fence. 7. The temporary structure located in the northwest corner shall be relocated next to the other two temporary storage structures by September 1, 2022. 8. The three temporary outdoor storage structures shall be removed from the property two years after City Council approval of the CUP (July 18, 2024). 9. An amendment to this Conditional Use Permit will be required for any changes to the site plan dated July 18, 2022, v2. Motion carried 7-0. 4.2. Cornerstone Auto Quick Lane - 17219  Conditional Use Permit for a Motor Vehicle Specialty Shop (oil change facility), Case No. CU 22-14 Mr. Leeseberg presented the staff report. Chair Larson-Vito opened the public hearing. Steve Rohlf, 17219 US Highway 10, represented Cornerstone Auto and stated he did not have any questions. There being no one else to speak, Chair Larson-Vito closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Rydberg to recommend approval of the ordinance amendment by the City of Elk River for Section 30-793, Accessory Buildings, as outlined in the staff report, as the standards set forth in Section 30-654 have been satisfied. Motion carried 7-0. 4.3. Riverside Development Company – Parcel 75-001-2401 a. Zone Change from R1c to PUD, Case No. ZC 22-05 b. Conditional Use Permit to establish a PUD, Case No. CU 22-15 c. Preliminary Plat of The Villas at Fillmore, Case No. P 22-10 Mr. Leeseberg presented the staff report. Chair Larson-Vito opened the public hearing. Marly Glines, Riverside Development Company, 19230 Evans Street NW, was the applicant and introduced Zach Brown with Lewis Homes, and Seth Monroe with Rum River Surveyors & Engineers. He stated he has developed many projects in this area and understands the land. He stated the density is low with four units per acre. He was available to answer any questions. Planning Commission Page 5 June 28, 2022 ----------------------------- Bruce Goetz, 17774 Ivanhoe Lane NW, explained he has 66’ easements on the north and south sides of the subject parcel that he uses regularly and wants to make sure they do not go away when this project is platted. He indicated he also does not wish to pay for assessments when sewer and water is installed. Mr. Leeseberg explained platting the property does not vacate the easements, and when the project installs sewer and water, Mr. Goetz will not be required to hook up or pay any fees. There being no one else to speak, Chair Larson-Vito closed the public hearing. Moved by Commissioner Beise and seconded by Commissioner Johnson to recommend approval of the request by Riverside Development Company for an ordinance to rezone 75-001-2401 from Single Family Residential (R1-c) to Planned Unit Development (PUD) 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. Motion carried 7-0. Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend approval of the request by Riverside Development for approval of a Conditional Use Permit (CUP) establishing a residential Planned Unit Development (PUD) with the following conditions to satisfy the standards set forth in Section 30-654: 1. A PUD agreement shall be approved by the City Council and signed by both parties prior to the issuance of building permits for any building within the project area. 2. Staff approval of a landscape plan meeting the city ordinance requirements is required. 3. Lift stations associated with public services shall be public. 4. All watermains shall be looped. Motion carried 7-0. Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend approval of the Preliminary Plat for The Villas at Fillmore with the following condition: 1. Park dedication shall be satisfied per the Parks and Recreation Commission recommendation and City Council approval. Motion carried 7-0. The Parks and Recreation Commission will review this application on July 13, 2022. Planning Commission Page 6 June 28, 2022 ----------------------------- 4.4. City of Elk River – 11652 211st Ave. NW  Zone Change from R1a (Single Family Residential) to I2 (Medium Industrial), Case No. ZC 22-06 Mr. Leeseberg presented the staff report. Chair Larson-Vito opened the public hearing. th Patricia Martie – 21114 Highway 169, stated 211 avenue is her driveway and asked if this request will this have any effect on her property as well as adjoining property owner Elizabeth Menke. She questioned whether their properties will be rezoned and can the applicant have plans to construct something up to their property lines. Mr. Leeseberg explained the reason for this change was a correction in a zoning map error and that it would not change her zoning. He explained the I2 setbacks would allow the applicant to build up to their setbacks; I2 setbacks for principal structures are 30’ front, 20’ side, 20’ rear. Accessory structures are 10’ from the property line. There being no one further to speak, Chair Larson-Vito closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend approval of the Zone Change from R1a (Single Family Residential) to I2 (Medium Industrial) with the following conditions: 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. Motion carried 7-0. 5. General Business There was no general business. 6. Council Liaison Update Councilmember Beyer provided an update to the Planning Commission about recent City Council activities. 7. Adjournment The meeting was adjourned at 7:48 p.m. Planning Commission Page 7 June 28, 2022 ----------------------------- Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Jill Larson-Vito Planning Commission Chair