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3.1. DRAFT PC MINUTES 01-24-2023 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, December 20, 2022 Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig Keisling, and Tony Mauren Members Absent: Commissioner Rob Rydberg Also Absent: Councilmember/Liaison Mike Beyer Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Admin. Assistant/Recording Secretary Jennifer Green Mauren 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 6:45 p.m. by Chair Larson-Vito. 2. Consider December 20, 2022, Planning Commission Agenda Moved by Commissioner Beise and seconded by Commissioner Keisling to approve the December 20, 2022, Planning Commission agenda as presented. Motion carried 6-0. 3. Consider November 22, 2022, Planning Commission Minutes Moved by Commissioner Beise and seconded by Commissioner Booth to approve the November 22, 2022, Planning Commission minutes as presented. Motion carried 6-0. 4.1 Sogdiana LLC – Zafar Khamdamov – 732 Vernon Ave. NW  Interim Use Permit to allow Multi-Family Residential Use in a Single-Family Zoning District, Case No. IU 22-02 Mr. Leeseberg presented the staff report. Commissioner Johnson indicated three years ago when this was first requested, the applicant had purchased the property and established it as a rental before learning about the zoning requirements, indicating he was requesting an interim use permit. Commissioner Johnson asked if Mr. Leeseberg knew what the long-term plan was for this property, wondering if there was an end in sight for the use of this property. Planning Commission Page 2 December 20, 2022 ----------------------------- Mr. Leeseberg stated he was not sure of the applicant’s plans for future use. He noted that may be determined by the discussion for the work session item later that evening discussing ordinance changes to the code may allow minimal numbers of multi-family units in single-family developments such as this. He noted staff were not supportive of this IUP request 3 years ago because there was no end date. Commissioner Maurer indicated he wondered if there was a requirement to the current tenants notifying them of any future sale of the property. Mr. Leeseberg noted condition 2 will notice future buyers the IUP will not run with property and condition 5 will notify the current residents the IUP will expire on March 16, 2026. Chair Larson-Vito opened the public hearing. Tammy Jorgenson-Owens, 1790 Tipton Circle, asked questions regarding the rezoning and if this will allow the applicant to knock the home down and build a bigger multi-unit dwelling. She explained she lives across the highway near ResCare and was concerned about additional affordable housing near her home and will this continue to occur in other neighborhoods around the city. She requested to leave residential neighborhoods as single-family neighborhoods. She disliked the increase in affordable housing and increase in traffic. Mr. Leeseberg stated that was a great question and a condition could be added limiting the number of units to three. He explained the rezoning discussion to take place during tonight’s work session would not be to allow a larger multi-family structure, it would be to allow duplexes or fourplexes in limited amounts, as the comprehensive plan outlines. Commissioner Maurer stated there would have to be additional discussion and approval to turn this into something other than residential housing. Ms. Jorgenson-Owens indicated she is opposed to adding more units and asked where you draw the line if this is allowed. She doesn’t have a concern with this situation but in another three years, what if they request additional units. Chair Larson-Vito indicated when they reviewed the Comprehensive Plan last year, there was a need for small duplex, triplex within neighborhoods and would be discussed later in the work session. There being no one to speak, Chair Larson-Vito closed the public hearing. Chair Larson-Vito stated she was on the Planning Commission when this permit was first requested three years ago and lives in the neighborhood, echoing the same concerns brought up tonight. Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend approval of the request by Sogdiana LLC for an Interim Use Planning Commission Page 3 December 20, 2022 ----------------------------- Permit to allow Multi-Family Residential Use in a Single-Family Zoning District with the following conditions: 1. The Interim Use shall terminate March 16, 2026 (3 years from the termination date of IU 20-01) or when the property changes ownership, whichever occurs first. 2. The Interim Use Permit will be recorded against the property to put any future buyers on notice that the Interim Use Permit will not run with property. 3. The structure shall be returned to a single-family home prior to sale or when the Interim Use Permit terminates. 4. The applicant shall submit a deposit in the amount of $5,000 to ensure compliance with the Interim Use Permit conditions. 5. The applicant shall provide documentation each tenant received a letter indicating the Interim Use Permit will expire on March 16, 2026, and the structure will be converted back to a single-family residential district. 6. The Interim Use shall be for a maximum of three-units. Motion carried 6-0. 6. Council Liaison Update Councilmember Beyer was not present. The Planning Commission recessed at 6:55 p.m. to go into work session. They reopened the meeting at 6:56 p.m. 7.1 Proposed Zone Changes and Ordinance Amendments – Residential Zones Mr. Leeseberg presented the staff report. The Planning Commission discussed the proposed zone changes and brought up the following topics for future discussion: -Existing neighborhoods with neighborhood covenants or homeowner association rules. -PUDs: concerns with architectural design standards; how would that be addressed? Conformity, how will it impact existing neighborhoods. Can PUDs be left out of initial rezoning and added later on a case-by-case basis. -Sidewalks – added to older neighborhoods when roads are improved. 8. Adjournment The meeting of the Planning Commission was adjourned at 7:22 p.m. Planning Commission Page 4 December 20, 2022 ----------------------------- Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Jill Larson-Vito Planning Commission Chair