Loading...
3.1. DRAFT PC MINUTES 08-22-2023 Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, July 25, 2023 Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Craig Keisling, and Tony Mauren Members Absent: Commissioners Eric Johnson and Rob Rydberg Also Present: Councilmember Matt Westgaard Staff Present: Senior Planner Chris Leeseberg and Sr. Administrative Assistant 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 6:34 p.m. by Chair Larson-Vito. 2. Consider Agenda Commissioner Booth requested to remove Item 7 from the agenda as Mr. Carlton was not present. Moved by Commissioner Booth and seconded by Commissioner Keisling to approve the July 25, 2023, Planning Commission agenda with the change noted above. Motion carried 5-0. 3. Consider Minutes Moved by Commissioner Beise seconded by Commissioner Booth to approve the June 27, 2023, Planning Commission minutes as presented. Motion carried 5-0. 4.1 Northstar Truck & RV Parking LLC – Nikolay Babkin, 15861 Jarvis St NW (75-013-4405)  Conditional Use Permit to allow outdoor vehicle storage, Case No. CU 23-16 Mr. Leeseberg presented the staff report. Commissioner Mauren asked about tree requirements and if a landscape plan would be submitted. He asked about screening requirements along the railroad line and preferred the trees screen . Mr. Leeseberg indicated a landscape plan is required prior to presenting it to the City Council meeting. He stated the ordinance requires 32 trees on site. He stated they could require tree placement similar to Copart across the street, where the trees were placed along the rail line for screening. Chair Larson-Vito asked if staff received any concerns or comments from the commercial or residential property owners in both Elk River or Ramsey. Planning Commission Minutes Page 2 July 25, 2023 ----------------------------- Mr. Leeseberg indicated he did not receive any comments and both Elk River and Ramsey residents were notified of the public hearing. Chair Larson-Vito opened the public hearing. Jana Quinn – 15961 Jarvis Street, Ramsey – expressed her concerns with well water contamination and protection of their water, and wondered if any ground coverage would be placed to prevent vehicles from leaking fluids. Mr. Leeseberg indicated several of the conditions recommended for this CUP were also used for Copart’s CUP. He indicated condition #3 would address these contamination concerns and the plans will be reviewed by the city engineer, who would also know what types of surface rock would minimize surface contamination. There being no one present to speak on this item, Chair Larson-Vito closed the public hearing. Moved by Commissioner Beise and seconded by Commissioner Booth to recommend approval of the Conditional Use Permit to allow outdoor vehicle storage with the following conditions to satisfy the standards set forth in Section 30-654: 1. Update the site plan to show the presence of an approved surface (bituminous, Class 5, or concrete) on all driving and parking areas. 2. Schedule a site visit with the Building Official and Fire Marshal to review the existing building and complete any required code updates. 3. Update submitted plans to demonstrate compliance with state and local stormwater management requirements. 4. Submit documentation showing compliance with all Minnesota Pollution Control standards. 5. Drive lanes need to maintain a minimum 24-foot width throughout the site. 6. Site lighting shall comply with Section 30-937. 7. A landscape plan shall be submitted to city staff by August 14, 2023. 8. Existing fencing along the railroad tracks and Jarvis Street shall have opaque screening incorporated into it. 9. Dust control measures shall be utilized in the fenced yard area. 10. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter. Motion carried 5-0. th 4.2 Jason Bye – 10208 209 Ave. NW  Conditional Use Permit to Establish a Home-Based Business, Construction, Case No. CU 23-11 Mr. Leeseberg presented the staff report. Commissioner Mauren asked about the fence being extended to the east. Mr. Leeseberg indicated the applicant originally proposed it but then modified the fence plan. He suggested the commission discuss if they would like to see a condition regarding the fence location. Planning Commission Minutes Page 3 July 25, 2023 ----------------------------- Commissioner Booth asked about the request following the Comprehensive Plan. He felt this request is more industrial and the Comprehensive Plan outlined the importance of keeping these uses separate. Mr. Leeseberg stated the Comprehensive Plan states it does guide this for residential use but while the Home Occupation city code doesn’t permit this type of use, it does require the city to review this through the Conditional Use Permit process. Chair Larson-Vito noted the public hearing was still open. Ashley McKusky – the attorney representing the applicant, Mr. Bye. She stated Mr. Bye wished to thank the commission for the time put into this permit request. She stated Mr. Bye agreed with all the proposed conditions and would like the commission to consider modifying Condition #7 – the unloading and loading of vehicles shall occur only in the accessory structure. She indicated this is not always possible due to the layout of the property given the dimensions of the vehicles. To minimize noise Mr. Bye would consider limiting the loading and unloading to the north side of the building, the furthest away from the neighbors to the east. It would also cover condition #5. Chair Larson-Vito stated as the commission considers these types of requests, there is the assumption that the conditions will be followed. She stated however the history was that there were plans stamped that it was not to be used as a home occupation, code enforcement inquires went unanswered, and as a commission, why should they believe that the conditions won’t be violated in the future. Ms. McKusky felt Mr. Bye’s actions leading up to this have shown him to take these things seriously and has tried to be as responsive and considerate by meeting with city staff and being proactive of putting up screening requirements and minimizing noise. She indicated there was confusion about when a CUP was required, and Mr. Bye does know these conditions are to be taken seriously and followed. th Brian Rucks, 10296 209 Ave. NW – commented he felt Mr. Bye was being reactive than proactive. He commented a lot of time has been spent discussing this request and the Planning Commission was ready to recommend denial of the request at the last meeting. He noticed garbage still blowing into his property and he put a drone over Mr. Bye’s property and his garbage bins were not covered with screens. He noted the business activity has come to a “pretty good crawl” and stated the property in Nowthen has increased. He expressed concerns with the Stormwater Pollution Prevention Plan (SWPPP) plan and felt this was also being used as a distribution center for wireless services. He didn’t want commercial property here and would prefer trees instead of fences. Mr. Leeseberg indicated a SWPPP plan would be reviewed during the review of the commercial building code process, and indicated any disturbed area counting less than an acre would not require a SWPPP plan. th Steve and Mary Kay Flynn – 10189 208 Avenue – opposed approving the CUP request. There being no one else to speak, Chair Larson-Vito closed the public hearing. Chair Larson-Vito noted the CUP follows the property, not the owner, and if this was approved, they would approve the use into perpetuity as along as the use continues. She felt even though Mr. Bye would comply with these conditions, there is no guarantee the next property would. She felt they would create a situation to spot zone a commercial property in a residential neighborhood. She was not interested in considering an Interim Use Permit. Planning Commission Minutes Page 4 July 25, 2023 ----------------------------- Commissioner Booth stated he feels this is an industrial application even though it is being operated at his residence and doesn’t feel like what Mr. Bye is planning to do would be considered a residential use. He felt Mr. Bye should be renting or purchasing industrial or commercial property to operate his business. Commissioner Mauren felt surprised a property owner can put this building here and request a conditional use permit. His concerns were for the proximity of the neighbor to the east; to ask someone to live 60’ from a construction yard was stark and a lot to ask. He understood the major concerns the public had and that they were trying to squeeze this use into this area. He felt it is too extreme a use for this area and there were no conditions that could allow compliance with Approval Standards that would promote compatibility with and minimize any potentially adverse effects upon adjacent properties, mainly Standard 1, affect the use and enjoyment of other properties in the immediate vicinity; Standard 4, adversely affect essential public facilities and services – traffic; and Standard 5 - noise and fumes. He didn’t feel the conditions outlined would guarantee these standards be met. Commissioner Beise cannot see how this request meets Regulation 1 even with the proposed conditions. Commissioner Keisling agreed and could not see how it meets Regulation 1. Chair Larson-Vito argued Regulation 2 as she doesn’t feel the use is not consistent with the Comprehensive Plan; Regulation 3 would impede spot zoning; and Regulation 5 could have a future impact if area is developed into additional residential properties. Moved by Commissioner Booth and seconded by Commissioner Keisling to recommend denial of the request of Jason Bye for a Conditional Use Permit to establish a home-based business, construction yard, citing Approval Standards 1, 2, 3, and 5 set forth in Section 30-654 of the City Code cannot be met. Motion carried 5-0. 4.3 Aegir Brewing Company LLC – Tim Jones – 19050 Industrial Blvd. NW  Amendment to Conditional Use Permit CU 20-15 to expand bar/tavern/nightclub space, Case No. CU 23-12 Mr. Leeseberg presented the staff report. Commissioner Beise asked about the two parking plans included in the staff report. Mr. Leeseberg stated staff met with the applicant in April 2023 and the applicant stated they considered purchasing property around them to expand parking. Mr. Leeseberg put together a graphic to show them what they could likely get for parking numbers if they obtain additional land. He wasn’t sure if that is still an option. Chair Larson-Vito asked if there was any consideration of pedestrian trail access as an adjustment to parking. She indicated a trail will be completed connecting Upland and Meadowvale. Mr. Leeseberg indicated that was a good question but wasn’t sure. He said it was a great idea for trail access. He suggested the applicant could apply for a variance for parking number requirements but varying from Planning Commission Minutes Page 5 July 25, 2023 ----------------------------- the ordinance isn’t allowed as part of the CUP process. The commission can make the determination regarding parking allowances. Chair Larson-Vito opened the public hearing. Jeremy Jones, 18992 Joplin St. NW and Tim Jones, 19050 Industrial Blvd. NW – the intention of the remodeled space is for indoor use for bags when the weather doesn’t allow outdoor play, 2-4 times per week, and prevent having to use and heat an outdoor tent for play in inclement weather. The sound stage area will be used for special events, and the bag boards will be temporarily removed. They don’t want to bolt down the bag boards. The parking for those event times, they have paid to lease extra parking from their neighbors and gotten permission from the city to park on the street when necessary. He feels like calling the bag games “recreation” and feels like that term is practical and reasonable. They understand parking is a concern but want to continue the success of their business. According to their architect, they have enough parking spaces. Chair Larson-Vito asked if they would be open to adding a condition to the CUP that specifies that the space is only allowed to be used for bag lanes unless a special event permit is pulled. Both Jeremy and Tim Jones agreed with adding that condition. Commission Beise asked if there was any outdoor seating. Tim Jones indicated no changes would be made to the current outdoor patio area. Commissioner Mauren asked for details about the concern with parking on both sides of Industrial Blvd. Mr. Leeseberg indicated the reason for no parking on either side of the street was due to a requirement of the state funding received when installing the road, but people can park on one side of the street. He also indicated on-street parking cannot be counted towards parking requirements. During special event permits, parking on both sides of the street can be allowed. Commissioner Beise asked about changes to stormwater management plans if parking is increased. Mr. Leeseberg stated plans would have to be reviewed by the city engineer and changes may be required if there is an increase in impervious parking. He would like the commission to consider adding a condition to address the indoor space being only used for bags. He also wanted to be clear that if the Planning Commission and City Council approve the amendments to the CUP for the bag lanes, that the building department may require different requirements following the state building code regarding restrooms and exits. Mr. Leeseberg addressed the parking lease with a neighboring business, and asked if it could it be used temporarily for proof of parking until they can install the 5 additional parking spaces. Commissioner Beise asked if the commission could provide a deadline to the additional parking spaces and asked how long it would take to get them added. Jeremy Jones indicated they can’t guarantee the parking spaces will always be available. They really want to get this done prior to winter but aren’t sure if the additional 5 parking spaces will also be completed by Planning Commission Minutes Page 6 July 25, 2023 ----------------------------- winter. He felt based upon what they submitted by the architect, they didn’t feel the 5 spots were required and requested the Planning Commission consider the space to be recreation, only requiring 46 stalls. If the commission decided an additional 5 parking stalls were required, then Aegir would need to have a year or two to get the parking lot updated. There being no one else to speak, Chair Larson-Vito closed the public hearing. After some discussion, it was the consensus of the Planning Commission to consider the parking requirements for the “Event Space” be based on five corn hole lanes and not as assembly/bar space, therefore the site would require 46 stalls, 43 existing and 14 proof-of-larking for a total of 57 future stalls. The discussed adding a condition requiring a special event permit should the space be considered for other uses. Moved by Commissioner Keisling and seconded by Commissioner Booth to recommend approval of the request by Tim Jones of Aegir Brewing Company LLC for an amendment to Conditional Use Permit CU 20-15 to expand bar/tavern/nightclub space with the following conditions to satisfy the standards set forth in Section 30-654: 1. Plans showing satisfaction of the required parking and stormwater requirements shall be submitted to city staff by August 14, 2023. 2. All comments on the Comment Letter dated July 20, 2023, shall be addressed. 3. The Conditional Use Permit shall not be recorded until the city building official and fire marshal have inspected, and approved, the building for compliance with all state and local building codes and all applicable conditions of approval have been completed. 4. No demolition or construction activities can occur within or on the exterior of the building until the Conditional Use Permit is approved and a building permit has been applied for and issued. 5. No tap room operations or expanded brewery operations can occur until: a. The Conditional Use Permit has been recorded. b. The building has received a Certificate of Occupancy. 6. A taproom license shall be obtained from the state and city. 7. No more than 20,000 barrels of its own brands of malt liquor may be brewed annually. 8. Parking areas shall be used for parking only and may not be used for outdoor patio areas or other activities such as, but not limited to, seating, bands, or events/shows. 9. Any outdoor patio area shall be delineated with a permanent fence and shall not be located in required parking areas. 10. The space labeled “Event Space” shall only be used for corn hole/corn bag toss lanes and any other uses shall require a special event permit. Motion carried 5-0. 5. General Business There was no General Business. 6. Council Liaison Updates Councilmember Westgaard updated the Planning Commission of recent City Council updates. Planning Commission Minutes Page 7 July 25, 2023 ----------------------------- 7.1 Robert’s Rules Discussion This item will be postponed until a future Planning Commission meeting. 8. Motion to Adjourn Moved by Commissioner Beise and seconded by Commissioner Keisling to adjourn the meeting of the Planning Commission. Motion carried 5-0. The meeting was adjourned at 7:58 p.m. Minutes prepared by Jennifer Green. ___________________ Jill Larson-Vito, Chair ___________________ Tina Allard, City Clerk