Loading...
3.1. DRAFT PC MINUTES 10-25-2022 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, September 27, 2022 Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Tony Mauren, and Rob Rydberg Members Absent: Commissioner 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 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 6:37 p.m. by Chair Larson-Vito. 2. Consider September 27, 2022, Planning Commission Agenda Moved by Commissioner Beise and seconded by Commissioner Johnson to approve the September 27, 2022, Planning Commission as presented. Motion carried 6-0. 3. Consider August 23, 2022, Planning Commission Minutes Moved by Commissioner Booth and seconded by Commissioner Beise to approve the August 23, 2022, Planning Commission minutes. Motion carried 6-0. 4.1 Charity Dellwo of JC Styles Hair Salon, 329 Morton Ave. NW  Conditional Use Permit for a Home Occupation (beauty salon), Case No. CU 22-13 Mr. Leeseberg began by explaining the applicants had withdrawn their request for Item 4.2, Conditional Use Permit for a Home Occupation (construction company). Mr. Leeseberg then presented the staff report for Item 4.1. Chair Larson-Vito opened the public hearing. Dan Eiden, 320 Morton Ave. NW, asked questions about the proposed hours of operation and how any future changes to hours would be made, and explained Planning Commission Page 2 September 27, 2022 ----------------------------- concerns with parking spaces that are already filled up with a dumpster and other vehicles. Sandy Werzel, 319 Morton Ave. NW, asked questions about the parking layout. She received a typed hand-delivered letter from Ms. Dellwo which indicated they have four driving members in the family. She asked how the family driving situation would affect beauty salon customer parking. Rollie Boll, 321 Morton Ave. NW, asked about the high number of cars already parked on the property, sometimes parked in the backyard and on grass, sometimes as many as nine cars. He stated the property also includes construction equipment, a trailer, building equipment and materials, and junk in the back corners of the applicant’s lot. He felt the applicants were already using the parking spaces being proposed with other items and with the addition of customer vehicles felt there would be parking issues. Charity Dellwo, 329 Morton Ave. NW, stated the construction company operations would be ceasing which will address the parking concerns as they will be getting rid of some of the vehicles. She explained the trailer is parked on Class 5, an approved surface. She explained her husband has health conditions that will require the construction business to be shut down and therefore they will remove the construction equipment and items. Sandy Wertzel, 319 Morton Ave. NW, stated she had sent an email with attachments regarding salon chemicals and their flammability and combustibility. She also stated in the email her concerns with the family’s pattern of behavior in disregarding regulations and laws and felt that same behavior would be used if a salon were allowed, which would then cause problems to her and her neighbors from the chemicals. Ms. Dellwo stated she is licensed through the state Board of Cosmetology to operate a salon and to safely and properly use and store the chemicals, which requires an annual site inspection to ensure compliance. Mr. Leeseberg stated the chemical list was shared with the council; the salon will need to follow city ordinance as well as state building code regulations. He indicated that because the building is considered a commercial building, any concerns with storage and use of chemicals will be addressed and guided by the commercial building permit review. He then explained the applicant’s six code violations/code compliance cases revolving around parking on approved surfaces and those violations being corrected after they were notified. There being no one else to speak, Chair Larson-Vito closed the public hearing. Chair Larson-Vito asked if there were police reports or code violations the commission should be concerned about. Planning Commission Page 3 September 27, 2022 ----------------------------- Mr. Carlton explained the code enforcement concerns on this property were parking violations on grass. Mr. Carlton stated the prior parking violations were resolved after notification to the property owner. He also explained the city’s parking ordinance which was updated in 2020 allows a property to have up to two vehicles, boats, or trailers to be parked on grass provided the area around them are kept up and the vehicles are operable. Mr. Leeseberg stated the proposed hours of operation were not listed as a condition, but the commission could include them. He indicated parking for the business requires the visitors park on the property, not on the street. Street parking can be allowed for the property owner. He explained the construction items would need to be moved off site. Commissioner Beise asked about enforcement and resolution of cleanup of the construction company items. Mr. Leeseberg indicated code enforcement staff would monitor the violations and follow up with future inspections. Commissioner Beise asked Ms. Dellwo when the construction company would be closed. Ms. Dellwo stated her husband is finishing a few outstanding jobs and the business would be closed within the next two or three months. Chair Larson-Vito asked if they could add a condition that all currently outstanding code violations be resolved prior to issuance of the CUP. Mr. Leeseberg indicated the commission could add that as a condition. Commissioner Rydberg asked if there could be an extension of 3 to 6 months to allow the applicant and her family time to finalize things due to the husband’s health conditions. Chair Larson-Vito stated the ordinance dictates the timeline for resolution. Mr. Carlton indicated the code enforcement process can take around 2 to 3 months depending on whether it’s civil or criminal. He stated the business won’t be able to technically operate until all the conditions are met and the detached garage is completed. Commissioner Rydberg understands the concerns with the construction business operating in this neighborhood but a salon in a neighborhood is not an unusual business for the city to allow. Planning Commission Page 4 September 27, 2022 ----------------------------- Moved by Commissioner Beise and seconded by Commissioner Johnson to recommend approval of the request by Charity Dellwo for a Conditional Use Permit for a Home Occupation (beauty salon) 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 visible compliance with commercial building, electrical, plumbing, and fire codes and identified visible violations must be addressed prior to issuance of new building permits for the property. 2. An amendment to this Conditional Use Permit will be required for future expansions/additions. 3. Four (4) customer parking stalls shall be provided a minimum of 5 feet from side and rear property lines. These stalls are not to be used for personal vehicles during business hours. 4. City approved turf be established by June 1, 2023, in the right-of-way areas outside of the maximum 30’ driveway width. 5. All driving areas and parking areas shall be paved with an approved surface (asphalt, concrete, or class 5). 6. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter. 7. Follow Minnesota Pollution Control Agency guidelines for chemical waste and secondary runoff controls. 8. A minimum 440 square of accessory structure needs to receive a Certificate of Occupancy prior to the Conditional Use Permit being recorded and the salon being operated. 9. All outstanding code violations, as of October 17, 2022, shall be closed prior to beginning operation. Motion carried 6-0. 4.2 Joe & Charity Dellwo of Dellwo Brothers Construction -329 Morton Ave. NW  Conditional Use Permit for Home Occupation (construction company), Case No. CU 22-20 Mr. Leeseberg presented the staff report and noted the applicants withdrew their request. 4.3 Josh Clark, 21144 Twin Lakes Rd. NW  Conditional Use Permit for Home Occupation (Outdoor Storage), Case No. CU 22-19 Mr. Leeseberg presented the staff report. He indicated the applicant requested the hours of operation be changed to allow work from 7:00 a.m. to 7:00 p.m. Mr. Leeseberg also stated Mr. Clark requested routine repair/maintenance be allowed on site. Planning Commission Page 5 September 27, 2022 ----------------------------- Chair Larson-Vito opened the public hearing. There being no one to speak, Chair Larson-Vito closed the public hearing. Commissioner Booth felt this is a well laid out plan and the area the applicant wishes to use has a berm that makes for good screening. Commissioner Rydberg asked about Condition 6 and felt it seemed a bit overreaching to not allow. Mr. Leeseberg indicated this request was for a commercial entity outdoor storage and not building vehicle repair. He felt there was a fine line between personal vehicle repair and commercial auto repair per building codes and minor repairs would be allowed. Josh Clark, the applicant, 21144 Twin Lakes Rd. NW, asked to be allowed to make minor repairs such as changing batteries, greasing equipment, fixing flat tires and broken lights. He indicated any major vehicle repairs would occur off site. Equipment would be stored in the area outlined on the map. They are a seasonal business in a sense and would not have employees and less equipment stored in the winter months. The buffer has evergreen and spruce trees which would remain constant year-round. Moved by Commissioner Johnson and seconded by Commissioner Mauren to recommend approval of the request by Josh Clark for a Conditional Use Permit for a Home Occupation (Outdoor Storage) with the following conditions to satisfy the standards set forth in Section 30-654: 1. The designated outdoor storage area shall be no larger than 190’ x 250’ in size. 2. All outdoor storage of company vehicles/equipment must be stored within the designated outdoor storage area screened from view from the public right-of-way as outlined in Section 30-807. 3. No direct access from the outdoor storage area to the public road shall be allowed. 4. Hours of operation shall be limited to 7:00 a.m. – 7:00 p.m. Monday through Friday. 5. No company vehicles/equipment may idle on site for more than 15 minutes. 6. Outside of routine maintenance/repair, there shall be no repair or maintenance of company vehicles/equipment on site. 7. No more the six (6) square feet of signage shall be allowed. 8. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the staff site plan dated September 27, 2022. Motion carried 6-0. Planning Commission Page 6 September 27, 2022 ----------------------------- 4.4 Phoenix Enterprises – Outlot A, Cherryhill Bluffs Fourth Addition  Land Use Amendment amending the Comprehensive Plan, Case No. LU 22- 03  Zone Change from R1c-Single Family Residential to C3 – Highway Commercial, Case No. ZC 22-09 Mr. Carlton presented the staff report. Chair Larson-Vito opened the public hearing. th Sharon Rush, 11490 190 Lane NW, indicated she lives on the other side of the island where the sign is located. She asked for clarification of why the need for rezoning to Highway Commercial and was concerned this approval would allow for additional, larger signage in the future, which could affect the wildlife and look of the residential area. Mr. Carlton indicated the conditions of approval stated it must follow the existing commercial C-3 zoning codes. The largest permitted size sign currently could be 30’ tall and150’ square feet and it could be an electronic sign. Marly Glines representing Phoenix Enterprises and Riverside Development, stated he was involved in the original development of this area. He indicated MnDOT noticed the sign was located on a separate parcel than the office building and requested the sign conform to MnDOT’s current standards. Mr. Glines stated they were not interested in modifying or enlarging the sign. Chair Larson-Vito asked if the applicant would have any concerns about limiting the size of the sign. Mr. Glines stated increasing the size was not the intent at this time. Mr. Carlton stated that as the ordinance currently allows, the applicant could legally expand the signage on the subject site in the future. There being no one else to speak, Chair Larson-Vito closed the public hearing. The commission discussed adding a condition that the current size and footprint of the sign be limited to what is present at this time. Mr. Carlton indicated he will verify the exact dimensions of the sign prior to the council meeting. Moved by Commissioner Johnson and seconded by Commissioner Mauren to recommend approval of the request by Phoenix Enterprises for a Land Use approval of the Comprehensive Plan amendment changing the guidance for Outlot A, Cherryhill Bluffs Fourth Addition from Traditional Single Family Residential to Highway Business. Planning Commission Page 7 September 27, 2022 ----------------------------- Motion carried 6-0. Moved by Commissioner Johnson and seconded by Commissioner Rydberg to recommend approval of the request by Phoenix Enterprises for a Zone change from R1c – Single Family Residential to C3 – Highway Commercial for the following reasons: 1. The rezoning is consistent with the City of Elk River Land Use Plan. And with the following conditions: 1. The Land Use Amendment, to Highway Business (LU 22-03) shall be approved by the City Council. 2. All future signage on the property shall be permitted in accordance with city codes. be limited to the current sign size and footprint. 3. Council approval of a boundary line adjustment combining the parcel with the abutting lot to the north. Motion carried 6-0. 5. General Business 5.1 Briggs Companies – Parcel ID# 75-134-2305  Conditional Use Permit for a Planned Unit Development (Jackson Hills Phase II), Case No. CU 22-17 Mr. Carlton presented the staff report, reviewing the traffic study results presented by 2 S Traffic Solutions. Chair Larson-Vito asked if there were plans to modify the intersection of Jackson Ave. and School Street or Jackson and Highway 10 to add left turn arrows for the increase in traffic. Mr. Carlton stated he was not aware of any improvements to signal timing or future modifications and would be part of a larger partnership project with MnDOT. Commissioner Johnson felt concerned with the Highway 10 traffic with the railroad tracks and current backs up during rush hours. Mr. Carlton stated the traffic analysis did not show any concerns with this project affecting Highway 10 traffic. He stated eastbound traffic on Highway 10 turning left and westbound Highway 10 turning left would potentially be worse according to Scenario B from the traffic study. Commissioner Mauren asked if conservate estimates are based on worst-case scenarios. Mr. Carlton stated they were and noted once the 169 Redefine is complete, there will be less cut-through traffic from Parrish Avenue and other areas. Planning Commission Page 8 September 27, 2022 ----------------------------- Councilmember Beyer stated this question did come up during the public hearing on September 19 and a number of people spoke, some positive about this project. They then continued their public hearing to October 17. Commissioner Mauren stated the August Planning Commission minutes indicated a concern with condition 4 to add “detrimental stormwater system and the entirety of the system.” It was the consensus to modify condition 4 to add “detrimental stormwater system and the entirety of the system.” Moved by Commissioner Beise and seconded by Commissioner Mauren to recommend approval of the request by the Briggs Companies for Parcel ID#75-134-2305 for a Conditional Use Permit for a Planned Unit Development (Jackson Hills Phase II) 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. Staff approval of landscape and lighting plans. 3. All utility meters shall be on an elevation of a building that does not face a public right-of-way. 4. The developer shall provide evidence that any long-term dewatering will not be detrimental to the stormwater system or the long-term structural integrity of the proposed structures. 5. On-site soil mitigation must be monitored by a certified professional and building permits will not be released until a final report has been provided to the city. 6. Water service pipe over 2-1/2” in size shall be ductile iron. 7. Hydrants shall be spaced so that all portions of a building or residence to be protected are within a 250-foot radius of a hydrant. Final review will be made by the fire chief and city engineer. 8. There are at least eight existing water service stubs to this property; all unused water services shall be shut off and disconnected at the main, and the stop box shall be removed by a licensed plumber or licensed sewer installer at the expense of the property owner. Motion carried 6-0. 6. Council Liaison Update Councilmember Beyer provided an update from previous City Council meetings. 7. Adjournment The meeting was adjourned at 7:42 p.m. Planning Commission Page 9 September 27, 2022 ----------------------------- Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Jill Larson-Vito Planning Commission Chair