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3.1. PC DRAFT MINUTES 10-24-2023 Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, September 26, 2023 Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Craig Keisling, Tony Mauren, and Rob Rydberg Members Absent: Commissioner Eric Johnson Council Liaison: Councilmember Matt Westgaard Staff Present: Community Development Director Zack Carlton, 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 6:30 p.m. by Chair Larson-Vito. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Agenda Moved by Commissioner Beise and seconded by Commissioner Keisling to approve the September 26, 2023, Planning Commission agenda as presented. Motion carried 6-0. 4. Consider Minutes Moved by Commissioner Keisling seconded by Commissioner Booth to approve the August 22, 2023, Planning Commission minutes as presented. Motion carried 6-0. 5.1 Tanya Boch, Sales Ramp LLC – 15777 Jarvis St. NW  Conditional Use Permit to allow Motor Vehicle Sales, Case No. CU 23-20 Mr. Leeseberg presented the staff report. He noted that he will confirm proof of parking before the city council meeting. Chair Larson-Vito opened the public hearing. There being no one present to speak on this item, Chair Larson-Vito closed the public hearing. Moved by Commissioner Keisling and seconded by Commissioner Beise to recommend approval of the Conditional Use Permit request by Tanya Boch of Sales Ramp LLC for a Conditional Use Planning Commission Minutes Page 2 September 26, 2023 ----------------------------- Permit to allow Motor Vehicle sales at 15777 Jarvis St NW with the following conditions to satisfy the standards set forth in Section 30-654: 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. 2. An amendment to this Conditional Use Permit will be required for future changes/additions not shown on the site plan dated September 26, 2023. 3. The applicant and/or property owner must apply for all required commercial building, electrical, plumbing, and/or mechanical permits before any associated activities can occur. 4. A code analysis finding building code compliance for the areas approved for use under this CUP shall be prepared by an appropriate registered professional. 5. No outdoor storage of damaged or inoperable vehicles shall be allowed. 6. Hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). 7. The parking lot shall be striped to city requirements for the required parking stalls. Motion carried 6-0. th 5.2 Thunderstruck Exteriors, Inc. – 10835 170 Ave. NW  Conditional Use Permit for Warehouse Space, Case No. CU 23-21 Mr. Leeseberg presented the staff report. He indicated the screening. curb and gutter, and landscape plans will be solidified prior to the City Council meeting. He stated the applicant will work on parking along the north side of the building and will also prepare a landscaping plan by the city council meeting. Commissioner Mauren asked about the exterior of the building and if it meets the design standards. Mr. Leeseberg indicated the zoning is FAST (H), which follows the C3 zoning and design standards. Chair Larson-Vito opened the public hearing. Ryan Hardin – with Hardin Companies, 15681 Andre Street, Ramsey and Dave Nelson, Thunderstruck Exteriors – here to answer questions. He noted the FAST (H) zoning follows the C3 design standards, allowing a less design intensive than a Business Park designation. st Andy Christensen, 10908 171 Ave. NW and owner of the property adjacent to the applicant – expressed his concerns with the proposed building design standards and would they lower his property value. He indicated he’s maintained the driveway access for the past seven years and wondered how they will share in that maintenance and utilize it as neighbors. Mr. Leeseberg noted that the city engineer stated they do not maintain the street but there is dedicated right- of-way. Staff will look to see if there were any agreements in place, if the road was built to city standards, and have that information available for the city council meeting. There being no one else present to speak on this item, Chair Larson-Vito closed the public hearing. Chair Larson-Vito noted the concerns around clarifying the building standards. Planning Commission Minutes Page 3 September 26, 2023 ----------------------------- Mr. Leeseberg stated staff has been working with them and agrees the C3 design standard designation does allow metal panel as a building material. Moved by Commissioner Beise and seconded by Commissioner Keisling to recommend approval of the request by Thunderstruck Exteriors, Inc. for a Conditional Use Permit for Warehouse Space th at 10835 170 Ave NW. with the following conditions to satisfy the standards set forth in Section 30- 654: 1. All driving, parking, and storage areas shall be bounded by B612 concrete curb and gutter. 2. The fenced outdoor storage area shall be: a. Limited to 3,000 square feet. b. Fenced with a 6-7 foot tall 100% opaque fence with gates, to be closed when not in use. c. Be paved with an approved surface (Class 5, concrete, asphalt, or crushed concrete/asphalt). 3. Wetland boundaries shall be marked with flags and silt fence shall be installed at the 25-foot wetland buffer edge prior to any construction activity on site. Motion carried 6-0. 5.3 Jeremiah Shank – 18643 Yankton St. NW  Conditional Use Permit for Home Occupation, Case No. CU 23-19 Mr. Carlton presented the staff report. Commissioner Keisling asked if the Planning Commission puts a timeframe for reseeding as a condition. Mr. Carlton stated the commission can add a condition outlining the timeline, but recommended asking the applicant to share his timeframe with reseeding. Chair Larson-Vito noted that if there were any additional code enforcement items, they have to be resolved and added as a separate condition, or continue working with code enforcement officer. Chair Larson-Vito opened the public hearing. Mark Olson, 18778 Yankton St. NW– stated he was opposed to the Conditional Use Permit request and didn’t want the business being operated in a residential neighborhood. He explained the concerns he had with the property including paint cans, the parking of multiple work trucks and trailers with signage, truck maintenance (oil and washing), and explained his concerns with recent fill that he felt affected the river embankment. Mr. Olson also reviewed specific environmental concerns he had regarding the driveway addition. Jeremiah Shank – the applicant – stated he took ownership of the business over 2 years ago. He has never changed oil on the work trucks or worked on them because he wasn’t a mechanic. He has done small maintenance like changing headlights, etc. He owns 4 trucks but is switching them over from Ford to GMC. He assigns one employee to a truck, occasionally 2. He also owns trucks in Arizona. Mr. Shank indicated he recently learned he wasn’t allowed to store the truck/trailers on his property and requested that the CUP Planning Commission Minutes Page 4 September 26, 2023 ----------------------------- allow for the specialty trailer parking. In the winter, he parks the trucks and may start them from time to time to ensure the batteries are charged. Commissioner Rydberg asked Mr. Shank about the neighbor’s observations with the river embankment and to explain any work he’s done to the embankment. Mr. Shank stated he’s only using Class 5 for the driveway surface. He stated the city addressed the riverbank 8 years ago to address the washout concerns and added a retaining wall to slow the water down. He stated he did not change the topography or do any work to the riverbank. He is now in the process of closing off the third driveway as he learned he wasn’t allowed to have three. He did everything the city asked him to do. Chair Larson-Vito asked what Mr. Shank’s long-term plans were. Mr. Shank indicated he would share those but not on public record. He stated he’s had rough interactions with Mr. Olson over the years and feels uncomfortable discussing in public. Vicky Sandhofer-Krolick, 18646 Yankton St. NW – stated she lived adjacent to Jeremiah and is a retired grandmother. She had no issues with the applicant, his business and work trucks, and didn’t feel the property was an eyesore. She stated he and his employees have been respectful to her, and she’s supportive of his CUP request. She stated she’s never seen more than three vehicles parked in the driveway. Mr. Olson stated he has pictures that show numerous vehicles on the property. Mr. Shank stated the vehicle is a personal vehicle and is working on getting it started and restoring the interior of it. There being no one else to speak, Chair Larson-Vito closed the public hearing. Chair Larson-Vito stated she wants to get direction from the City Council regarding the home occupation ordinance amendment as there is a lot to consider. Mr. Carlton agreed and indicated the Planning Commission cannot issue an Interim use permit for this request. He stated the parking in the back yard, the temporary storage facility, and the pallets in the back yard are code enforcement issues that are being addressed. The parking of vehicles behind the home is allowed by ordinance. The city’s environmental staff person reviewed this, and no comments were made but it could be re-reviewed, and any comments resulting from that review would be brought to the City Council meeting. Chair Larson-Vito asked if the applicant could re-apply for an Interim Use Permit. She felt the city has used IUPs very effectively for many years. Mr. Carlton stated the applicant could not apply for an IUP under the current ordinance. He stated it was reviewed by the city attorney and they have some concerns about how an IUP could be used for any area, not just home occupations. He does not have a timeline for when the ordinance will be reviewed by the City Council. Commissioner Beise stated he was not in favor of this request. He felt home occupations were supposed to be somewhat invisible and didn’t feel three large trucks and two trailers with cones fit the definition of Planning Commission Minutes Page 5 September 26, 2023 ----------------------------- home occupation, nothing the impact on the neighborhood would not be minimal. Commissioner Mauren stated he felt it could be like a CUP request to park a long-haul truck on a residential parcel, given a certain lot size the ordinance allowed to park a rig. Commissioner Booth asked if the ordinance would allow this parcel to park a truck and trailer. Mr. Carlton stated the ordinance requires five acres. Commissioner Rydberg stated he was wrestling with the proximity of the river with runoff and felt the 10 conditions were a good start to cleaning things up, but also wondered how big a home occupation is going to be before it’s too big and need to move to a more suitable facility. He felt the applicant was getting close. Chair Larson-Vito stated she tends to agree with what’s being said. She felt the CUP running with the property is a problem and wants to wait for legal advice for an ordinance amendment without shutting businesses down. Commissioner Booth asked if denying the CUP request, what Applicable Regulations would apply. The Planning Commission discussed. Mr. Carlton reminded the commission that statutorily the city is required to act on this application within 60 days. Moved by Commissioner Booth and seconded by Commissioner Beise to recommend denial of the request by Jeremiah Shank for a Conditional Use Permit for Home Occupation to park work trucks at 18643 Yankton St. NW based upon the application of Applicable Regulations 1, 5, and 6 were not fully met. Motion carried 5-1 with Commissioner Mauren opposing. 6. General Business Mr. Carlton stated that considering the recent findings on home occupations and the required changes to the IUP language, city staff will be bringing forward a moratorium on home occupation permits until council adopts the ordinance amendment. He noted this would be considered during the October 2, 2023, City Council meeting. 7. Council Liaison Updates Councilmember Westgaard updated the commission on recent council decisions including the home occupation discussion for both accessory structures and outdoor storage, trying to find a mechanism to allow businesses to operate home occupations in residential neighborhoods. Planning Commission Minutes Page 6 September 26, 2023 ----------------------------- 8. Motion to Adjourn Regular Meeting Moved by Commissioner Booth and seconded by Commissioner Rydberg to adjourn the regular meeting of the Planning Commission at 7:41 p.m. Motion carried 6-0. The work session opened at 7:47 p.m. in the Uppertown Conference Room due to technical difficulties in Council Chambers. 9.1 Accessory Structure Sizes Mr. Leeseberg presented the staff report. After discussion, it was the consensus of the Planning Commission that they were in support of the proposed accessory structures size chart as proposed in the staff report. The commission understood there will still be variance requests that will be submitted, but this will be easier for property owners to understand. 9.2 Signage Along US Hwy 169 Post-Construction Mr. Carlton presented the staff report. He asked for feedback from the Planning Commission for potential changes to the ordinance regarding signage regulations for: height and area, where to measure height, location (abutting 169\\how far back), additional signs to , or just leave regulations as is. Mr. Carlton stated these regulations only affect the zoning ordinance, noting at least half of the properties along Highway 169 are Planned Unit Developments (PUDs) which will require PUD amendments. He noted the need for guidelines when those PUD amendments come in. The commission discussed how relevant signs are today using GPS and would the blue state highway department signs be more meaningful. They also discussed local advertising signage regulations versus highway traffic signage regulations. They discussed cluster signage, which draws the eye in and reduces sign pollution, and the feasibility opportunities to find spaces for monument signs. Debbie Rydberg representing the Elk River Area Chamber of Commerce explained how businesses can get their information on the blue state highway department signs, the businesses contract with a subcontractor who works with MnDOT but only on roadways designated as freeways. Highway 169 will not be declared a freeway until 2025. The blue signs will include restaurants with more than 20 seats, accommodations, and gas stations. Mr. Carlton suggested a sign overlay district to create the parameters of where the signage could be allowed and detail regulations on placement and sign size. Staff will continue to work on information gathering and preparing next steps for future meetings. Planning Commission Minutes Page 7 September 26, 2023 ----------------------------- 10. Motion to Adjourn Work Session Moved by Commissioner Beise and seconded by Commissioner Keisling to adjourn the work session meeting of the Planning Commission. Motion carried 6-0. The meeting was adjourned at 8:39 p.m. Minutes prepared by Jennifer Green. ___________________ Jill Larson-Vito, Chair ___________________ Tina Allard, City Clerk