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4.1. DRAFT PC MINUTES 12-19-2023 Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, November 28, 2023 Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig Keisling, Tony Mauren, and Rob Rydberg Members Absent: None 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 6:37 p.m. by Chair Larson-Vito. 2. Consider Agenda Moved by Commissioner Booth and seconded by Commissioner Johnson to approve the November 28, 2023, Planning Commission agenda as presented. Motion carried 7-0. 3. Consider Minutes Moved by Commissioner Keisling seconded by Commissioner Booth to approve the October 24, 2023, Planning Commission minutes as presented. Motion carried 7-0. 4.1 McDonald’s – 700 Dodge Ave. NW  Conditional Use Permit to amend the Planned Unit Development Agreement to raise the permitted sign height to 61’ with electronic messaging, Case No. CU 23-22 Mr. Carlton presented the staff report. He indicated staff was recommending approval of the PUD amendment, permitting the sign height at 30-feet above the adjacent grade of Highway 169, which would provide the current applicant with a 40-foot-tall sign. Chair Larson-Vito opened the public hearing. Julian Opificius – 802 Fawn Rd. NW – stated his concerns about the request for sign height to be 61 feet and felt that was excessive. He felt up to 40 feet was sufficient. He lives near the sign and felt the highway blue signs should provide enough direction for travelers to make a decision to exit. Mr. Carlton explained to the commission the placement of blue informational signs for specifically named businesses are managed by MnDOT and are paid for by the participating entity. He anticipates many of these businesses will apply for this type of sign. Planning Commission Minutes Page 2 November 28, 2023 ----------------------------- Steve Lawrence from SML Electrical – the applicant on behalf of McDonald’s – recommends the sign height be at least 45’ to allow for more visual separation from the view through the chain length fence and concrete barrier. There being no one else present to speak on this item, Chair Larson-Vito closed the public hearing. Commissioner Mauren asked a question about the height request and where it was being measured. He asked if they should consider sign grouping. He felt by recommending a height for this application might be setting a standard for another sign request. Mr. Carlton stated grouping signs is possible, but it brings challenges regarding their locations, property ownership, sign maintenance, etc., and the commission could discuss that possibility and more during the work session item later that evening. Commissioner Johnson stated he felt by looking at the pictures, it seems both the northbound view is the same, visibility wise, and southbound the view almost seems better with the trees removed. He indicated he does not see any reason to change the sign height for this specific applicant and use and does not think the road construction affected any visibility of the sign. He stated the commission needs to look at all the properties along Highway 169 to come up with a common standard before approving one single property. He felt they also need to look at other communities that have highway frontage and where they base the height from. He drove Highway 10 to Anoka and the Anoka McDonald’s sign is less than 30’ and is still visible. Commissioner Booth asked if the Planning Commission can ask the City Council for a moratorium until a decision can be made regarding sign height. Mr. Carlton stated the Planning Commission needs to act upon the application before them, separate from any moratorium or future sign height ordinance amendments are decided. The Planning Commission can make a recommendation to the City Council for a moratorium but ultimately the City Council will decide the length of time for a moratorium if they choose. Chair Larson-Vito asked if the commission should postpone action for a month. The Planning Commission discussed postponing action on this item until next month to allow the commission addition time to discuss formulating the new standards that will be a precedent for future ordinance amendments, variances, and PUD amendments along Highway 169. Moved by Commissioner Booth and seconded by Commissioner Keisling to postpone action on the request by McDonald’s to amend the PUD Agreement to raise the sign height to 61` until the December 19, 2023, Planning Commission meeting. Motion carried 7-0. Planning Commission Minutes Page 3 November 28, 2023 ----------------------------- 4.2 Premier Commercial Properties – Rich Lee, 15777 Jarvis St. NW and PID 75-805-0110  Zone Change from Planned Unit Development (PUD) to I-3 General Industrial, Case No. ZC 23-07 Mr. Leeseberg presented the staff report. 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 Johnson and seconded by Commissioner Booth to recommend approval of the request by Rich Lee of Premier Commercial Properties for a Zone Change from Planned Unit Development (PUD) to I-3 General Industrial for the property at 15777 Jarvis Street and Property ID 75-805-0110 as 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. 4.3 E & Y Auto Parts – Eduard Yuhim - 15777 Jarvis St. NW  Conditional Use Permit for a Salvage Yard, Case No. CU 23-23 Mr. Leeseberg presented the staff report. Commissioner Mauren asked about surrounding salvage yards in the area and asked what their requirements were for screening. Mr. Carlton stated Copart’s fence height was 8’ tall and 100% opaque. Chair Larson-Vito opened the public hearing. There being no one present to speak on this item, Chair Larson-Vito closed the public hearing. Commissioner Rydberg asked questioned that there were four different uses on this property, and they are using the adjacent lot for parking, what happens to the parking requirements being followed. If the adjacent lot is sold, the CUP stays with the property and suggested this application be for an IUP. Chair Larson-Vito stated in the past, using a condition for proof of parking ensures compliance with parking requirements. Mr. Leeseberg stated the application before them is for a CUP and with requiring proof of parking it ensures the site can support enough parking. Chair Larson-Vito reopened the public hearing. Eduard Yuhim, 20266 Yale St. NW, the applicant, explained he doesn’t see parking being an issue and explained one of the suites will be vacant next year, and they will take over that space with 75% of the building being use by his business. Planning Commission Minutes Page 4 November 28, 2023 ----------------------------- Chair Larson-Vito closed the public hearing. Mr. Carlton discussed a similar situation with an apartment complex and proof of parking requirements by using an adjacent lot across a street and a condition that after 2 years of occupancy if the required spaces were adequate the requirement could be removed. He stated this application could be addressed in a similar way as it would be recorded against the adjacent parcel, restricting the deed. Mr. Leeseberg explained to the commission that proof of parking is based upon building square footage as outlined by city ordinance. Commissioner Booth asked if they could require striped parking along the railroad tracks or does it have to be adjacent to the building. Mr. Leeseberg stated that is the reason for the proof of parking site plan, a plan that shows the site can support the parking requirements with its current uses without the use of the adjacent lot. He reminded them this document would be required prior to the City Council meeting and staff would prefer the document showing the parking requirements can be met on the site with the building. Commissioner Johnson stated he preferred the proof of parking was on the site where the building is located. He also would like to see curb and gutter required and for uniformity, a condition for 8’ tall 100% opaque fence, using the same standards for other properties with a similar use. Moved by Commissioner Johnson and seconded by Commissioner Beise to recommend approval of the request by Eduard Yuhim of E & Y Auto Parts for a Conditional Use Permit for a Salvage Yard located at 15777 Jarvis St. NW with the following conditions to satisfy the standards set forth in Section 39-654: 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. 2. Vehicles being dismantled or to be dismantled must be stored in the fenced area. 3. Dismantling of vehicles shall not occur outside of the building. 4. An amendment to this Conditional Use Permit will be required for future changes/additions. 5. No motor vehicle repairs shall occur. 6. 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. 7. A code analysis finding building code compliance for the areas approved for use under this CUP shall be prepared by an appropriate registered professional. 8. Hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). 9. The parking lot shall be striped to city requirements for the required parking stalls. 10. A proof of parking plan shall be submitted and approved by city staff. 11. All driving and parking areas shall be bounded by B612 concrete curb and gutter. 12. The outdoor storage area shall be bounded by B612 concrete curb and gutter. 13. The outdoor storage area shall be screened with an eight-foot tall 100% opaque fence along the west side and the side along the railroad. The remaining 100% opaque perimeter fencing shall be no less than six feet. Submit an example of the proposed screening for review and approval prior to installation. Planning Commission Minutes Page 5 November 28, 2023 ----------------------------- Motion carried 7-0. 4.24 City of Elk River  Ordinance Amendment Regulating Cannabis Growing, Processing, and Manufacturing, Case No. OA 23-06 Mr. Carlton presented the staff report. He noted retail regulation will be discussed in early 2024. Commissioner Mauren asked about any limits for the number of manufacturers a city can have. Mr. Carlton stated based upon population figures, Elk River is required to issue 2 retail licenses but from a manufacturing standpoint, there are no requirements or cap; alternatively, the city could also say no to any manufacturing. Chair Larson-Vito asked about operations in Otsego. Mr. Carlton stated Otsego has had operations for a few years growing and manufacturing medical cannabis, which have similar regulations. They were approved as agricultural use and operations were in greenhouses, completely indoors. He stated they have received no real complaints, and their location is close to I-94 without many residential developments surrounding it. Chair Larson-Vito opened the public hearing. There being no one present to speak on this item, Chair Larson-Vito continued the public hearing to December 19, 2023. Mr. Carlton asked the Planning Commission for feedback on what the proposed ordinance should contain. After discussion, it was the consensus of the Planning Commission to recommend manufacturing in the city’s industrial districts. They suggested the following: -Indoor manufacturing/growing only -Industrial zoning 1 & 2 – perimeter of site must be 1,000 from homes/schools -Full warehouse or hybrid greenhouse operation -CUP process can address noise, sound, light, odor mitigation, and other concerns -Closed setting (no public) -Compliance reports/inspections/police reports not required -Manufacturing separate from retail sales 6. General Business There was no General Business to report. Mr. Carlton reminded the commission that due to the Christmas holiday, the December meeting will be held December 19. 7. Council Liaison Updates Councilmember Westgaard updated the commission on recent council decisions. Planning Commission Minutes Page 6 November 28, 2023 ----------------------------- 8. Motion to Adjourn Regular Meeting Moved by Commissioner Beise and seconded by Commissioner Keisling to adjourn the regular meeting of the Planning Commission at 7:37 p.m. Motion carried 7-0. The work session opened at 7:38 p.m. in the Council Chambers. 9.1 Highway 169 - Signage Mr. Carlton presented the staff report and presented a PowerPoint with visuals for signs along Highway 169. Mr. Carlton discussed the current ordinance standards:  Freestanding signs are 30’ tall and 150 sq. ft.  1 freestanding sign. 30 sq. ft. changeable copy sign allowed, larger with a CUP.  Area identification/development signs: 30’ tall and ordinance allows 80 sq. ft., many are larger as part of a PUD and have a significant number of businesses on them  50’ tall or 200 sq. ft.  Wall signs: 15% sq. ft. façade area. The following comments were received from: Steve Anderson - Franklin Outdoor Advertising - feels every business will have a different need along the corridor and suggested the Planning Commission use the barricade between the north and sound bound lanes as your measurement; roadway grade plus 5’. Commissioner Johnson noted the impact on the nearby residential properties that will be affected by an increase in sign height. Steve Lawrence – SML Electric - need to make the signs more visible because they increase the traffic movement through the area. Debbi Rydberg – representing the Elk River Area Chamber of Commerce – explained the blue highway signs are for places of accommodation, and that businesses pay annually for them to be displayed. She explained how Otsego is not considered a retail corridor. Rogers has a very big retail sector and along an interstate. She didn’t think a 100’ sign is necessary but offer businesses a chance to increase their sign height to what suits their business based upon their location. The use of digital maps is more prevalent, but she won’t find something unless she’s looking for a sign. She also noted how important retail sales tax is to the city. And every business owner will have a different need and will rely on the planners and engineers to determine the needs. Councilmember Westgaard asked about the effect of the increased rate of speed on business visibility. What is a reasonable distance to have business visibility and allow people to exit and shop. The interstate speed is much higher. Planning Commission Minutes Page 7 November 28, 2023 ----------------------------- Gary Tonsager – owner of Pearle Vision and resident of Elk River – stated most people traveling the corridor may not live in the area and understanding that many travelers use Elk River as a stop on their way to another destination. The dynamics of retail sales will change, and one size does not fit all of our businesses. It was the consensus of the Planning Commission to consider the following when drafting ordinance standards:  To base the sign height off the mainline of the highway with at 35’ tall area of the sign to be considered due to the rate of speed increase using engineering data and metrics  Multiple monument signs  Placer-ai data  Light pollution 10. Motion to Adjourn Work Session Moved by Commissioner Johnson and seconded by Commissioner Keisling to adjourn the work session meeting of the Planning Commission. Motion carried 7-0. The meeting was adjourned at 8:16 p.m. Minutes prepared by Jennifer Green. ___________________ Jill Larson-Vito, Chair ___________________ Tina Allard, City Clerk