09-22-2015 PC MIN Elkt
t Meeting of the Elk River Planning Commission
River Held at the Elk River City Hall
Tuesday, September 22, 2015
Members Present: Chair Eric Johnson, Commissioners Andrew Crook,Jeremy Johnson,Jill
Larson-Vito and Mark Konietzko
Members Absent: Commissioners Garrett Christianson and Brad Thiel
Staff Present: Planning Manager Zack Carlton,Senior Planner Chris Leeseberg, and Sr.
Administrative Assistant Debbie Huebner
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission
was called to order at 6:32 p.m. by Chair Eric Johnson.
2. Consider September 22, 2015 Planning Commission Agenda
Moved by Commissioner Johnson and seconded by Commissioner Konietzko to
approve the September 22,2015, Planning Commission agenda. Motion carried 5-0.
3. Consider August 25, 2015 Regular Planning Commission Meeting Minutes
Motion by Commissioner Larson-Vito and seconded by Commissioner Johnson to
approve the August 25,2015, Regular Planning Commission meeting minutes.
Motion carried 5-0.
4.1 Request by Brittney Widman on behalf of B.R.E.W. Fitness, for a Conditional
Use Permit to allow fitness facility in Elk Park Center PUD, Case No. CU IS-
IS — Public Hearing
Zack Carlton reviewed the staff report. Staff recommended approval of the request with the
conditions listed in the staff report.
Chair Johnson opened the public hearing. There being no comments for or against the
request, Chair Johnson closed the public hearing.
Motion by Commissioner Johnson and seconded by Commissioner Konietzko to
recommend approval of the request by Brittney Widman for a fitness facility in Elk
Park Center PUD with the following conditions:
Planning Commission Minutes Page 2
September 22,2015
1. The Conditional Use Permit is not a building permit and the applicant must
apply for and receive approval of all required permits before construction may
begin.
2. The applicant must apply for and receive approval of all required sign permits
before signage may be installed.
3. The authorized use shall not begin until the Conditional Use Permit is recorded.
4. If the authorized use ceases for more than six months,the Conditional Use
Permit shall expire.
Motion carried 5-0.
4.2 Request by Core States Group for a Conditional Use Permit to allow a drive-
through addition to the Panera Bread Café' Restaurant, 18200 Zane St. NW,
Case No. CU 15-13 — Public Hearing
The staff report was presented by Chris Leeseberg.
Commissioner Crook stated it did not appear there was a lot of room between the building
and the drive aisle. Mr. Leeseberg stated that there is room for a sidewalk and staff was
comfortable with the layout.
Chair Johnson opened the public hearing.
Patrick Bennett,applicant,Core States Group civil engineer, stated he was present to answer
questions.
There being no public comment, Chair Johnson closed the public hearing.
Motion by Commissioner Johnson and seconded by Commissioner Crook to
recommend approval of the request by Core States Group for a drive-through
addition to Panera Bread Cafe,18200 Zane St.NW,with the following conditions:
1. The Conditional Use Permit shall not be recorded until all applicable conditions
have been substantially completed.
2. The authorized use shall not begin until the Conditional Use Permit is recorded.
3. If the authorized use ceases for more than six months,the Conditional Use
Permit shall expire.
4. The Conditional Use Permit is not a building permit and the applicant must
apply for and receive approval of required building and sign permits before
construction may begin.
5. The building shall meet all building and fire codes.
6. The Fire Chief shall verify the location of all fire hydrants, and may require
additional hydrants necessary to preserve the health and safety of the residents.
7. An Encroachment Agreement with Great River Energy shall be provided to the
city before a building permit will be issued.
Motion carried 5-0.
Planning Commission Minutes Page 3
September 22,2015
4.3a Request by ERX, LLC for Preliminary Plat Approval for Aggregate
Commercial Fourth Addition to plat portions of Outlots A, B, C and D,
Aggregate Commercial Second Addition into one lot, Case No. P 15-09
Public Hearing
4.3b Request by ERX, LLC for a Conditional Use Permit for Active Use Storage,
Case No. CU 15-14- Public Hearing
The staff report was presented by Chris Leeseberg and he indicated no action was being
requested as the applicant withdrawn their application.
Chair Johnson opened the public hearing. There being no one to speak for or against this
item, Chair Johnson closed the public hearing.
No action was taken.
4.4a Request by Big Tex Trailer World for a Land Use Amendment to change the
land use from FAST to Highway Business, Case No. LU 15-05 - Public
Hearing
4.4b Request by Big Tex Trailer World for a Conditional Use Permit for Trailer
Sales and Service, Case No. CU 15-16- Public Hearing
The staff report was presented by Chris Leeseberg. Staff supported a recommendation of
denial based on the finding that the proposed use is inconsistent with the adopted
Comprehensive Plan and Focused Area Study.
Chair Johnson opened the public hearing.
Pat Briggs, 19021 Freeport St. NW, stated he started this project over 5 years ago,when he
acquired the former hotel and it became an extended stay. He stated his intent was to
acquire the two"finger"lots south of the hotel property and ask for a rezoning to high
density residential,but the bank that owned the lots was not interested. He stated he also
acquired the Saxon Motors site and recently had City Council support for the Skeeter Boats
proposal,but Skeeter withdrew. Mr.Briggs stated that Big Tex was also interested in the
property during the Skeeter application process, so they are now moving forward with this
application. Mr. Briggs stated that he would like to sell the Saxon site to finance his plan to
expand the high density residential to the north,by adding 40—60 units. He noted that he
proposes to expand the use of the river by connecting a river walk from the properties to
Babcock Park, and hopefully,with the downtown. He stated that both Skeeter Boats and
Big Tex Trailers are both community-minded businesses. Mr. Briggs stated that he felt the
mixed use he is proposing is similar to what is already there which was developed by Scott
Powell (Mississippi Ridge).
Virginia Olsonoski, 17201 Yale Street NW, stated that she is involved with the Mississippi
Ridge Townhome Association and had a petition signed by many of their residents. She
stated their concern is with the traffic. She stated that they already have traffic due to the
retail across from them,but they felt the trailer business traffic would be different. She stated
Planning Commission Minutes Page 4
September 22,2015
they did not feel it was in their best interest in the long run to approve the application for -�
Big Tex Trailers.
Mark Fleischer,Big Tex Trailer World, stated that trailer sales are a destination-based and do
not generate a lot of traffic. He stated that he did not feel the business would be offensive
to the neighborhood. Mr. Fleischer explained that these are smaller trailers,not large or
semi size trailers. He stated that they have many stores throughout the country and some
are in rural areas and some are in inner city areas. He stated they have not had any problems
with neighbors or traffic at their businesses. Mr. Fleischer stated that Big Tex is a very civic
and social minded company,proving local sports team sponsorships, fundraiser
donations, loaner trailers for use by civic groups and local schools and employee
volunteer participation projects. Mr. Fleischer stated that it would be a shame to let the
property sit there and continue to deteriorate.
Brent Richter, 17107 Yale Street NW,asked for the hours of operation. Mr. Fleischer stated
that the hours are generally 8 a.m.—9 p.m. Monday through Friday and 9:00 a.m. -2:00 p.m.
on Saturday. Mr. Richter stated that he is very concerned about the activities and kinds of
people that are renting Mr. Briggs extended stay units. Mr. Richter stated that he was not
originally opposed to the business,but that he would not want to see this project go through
if the proceeds are going to fund an expansion of the Elk Lodge use.
Bob Rudy, 17187 Yale Street NW, stated that he is also on the homeowner's association. He
stated that the street is not very big and did not see how the street could support any new
businesses. He stated he would like to see the city stick to the comprehensive plan. He
noted that he would like to see this company come to Elk River,but not in this location. He
encouraged the Planning Commission to vote no.
Mr. Briggs stated there are approximately 20 acres total including the former Saxon site,the
Elk Lodges site,and the two smaller strips in between the two sites. He stated that the plan
calls for residential and approximately 120— 140 units could be built. He stated that
multiplying the number of units times 2 trips per day would be a huge amount of traffic,
compared to what would be generated by the Big Tex business and expansion of Elk Lodges
he is proposing. He stated that he has recently met with a number of people from MnDOT
and they have told him that the interchange plan is a 20-year plan and it is not set in stone
where the interchange will be exactly. He stated that MnDOT indicated they would be
interested in the property if Big Tex does not buy it. He stated he had concerns regarding
how many more years it would sit vacant. He stated that the buildings have been stripped of
copper and will continue to be vandalized. He stated that he has ownership in the lot north
of the Napa building and he commented when he reviewed the PUD on that particular site;
"we could actually put Big Tex Trailers right there."
Edward Greenwaldt, 17163 Yale St. NW, stated that he recently walked off the subject
property to measure the frontage,as well as the townhome sites on Yale Street. He stated
that based on his rough estimate,approximately 11 more townhomes similar to his home
could be built on this site,which likely would sell immediately. He stated that something
beautiful could be designed for this site, or the alternative,which is being proposed. .�
Chair Johnson closed the public hearing.
Planning Commission Minutes Page 5
September 22,2015
Chair Johnson stated that a great deal of time and money was put into developing the
comprehensive plan, and the best use of this site was determined to be residential.
Commissioner Konietzko agreed. He stated he would love to have Big Tex locate
somewhere in Elk River,but that he felt Yale Street was a very narrow area for a business of
this size. He stated that he was not willing to change the comprehensive plan,unless a
change was made in the traffic movement.
Chair Johnson stated that he would like to see the heavy traffic kept to the south near where
the interchange would be.
Commissioner Larson-Vito stated that it is the Planning Commission's job to review
applications based on the existing city codes and plans. Given that,she stated she could not
vote in favor of the application.
Motion by Commissioner Johnson and seconded by Commissioner Konietzko to
recommend denial of the request by Big Tex Trailer World to change the land use
from FAST to Highway Business,based on the following finding:
1. Amending a single property in a designated Land Use area may impede the
normal and orderly development as planned for in the adopted Comprehensive
Plan.
�.. Motion carried 5-0.
Motion by Commissioner Larson-Vito and seconded by Commissioner Johnson to
recommend denial of the request by Big Tex Trailer World for a Conditional Use
Permit for Trailer Sales and Service,based on the following findings:
1. Criteria#2 is not met-The project is not consistent with the comprehensive
plan.
2. Criteria # 1 may not be met—The proposed use could affect the use and
enjoyment of neighboring properties.
3. Criteria#3 may not be met-A non-conforming land use could impede the
normal and orderly development of the surrounding vacant properties as planned
for in the adopted Comprehensive Plan.
The motion carried 5-0.
4.5a Request by City of Elk River for Land Use Amendment to change the land
use of Outlot F, Elk Path Business Center from Public/Institutional to
Industrial, Case No. LU 15-06 — Public Hearing
4.5b Request by City of Elk River for Zone Change to rezone Outlot F, Elk Path
Business Center from RI c Single Family Residential to BP Business Park,
Case No. ZC 15-09 — Public Hearing
Planning Commission Minutes Page 6
September 22,2015
The staff report was presented by Zack Carlton. Staff recommended approval of the
requests.
Commissioner Larson-Vito stated she had received a phone call regarding what would
happen to the walking path on this property. Mr. Carlton explained that the property is
owned by Sherburne County and the site most likely will be marketed for use as a data
center.
Motion by Commissioner Konietzko and seconded by Commissioner Johnson to
recommend approval of changing the land use of Outlot F,Elk Path Business Center
from Public/Institutional to Industrial. Motion carried 5-0.
Motion by Commissioner Konietzko and seconded by Commissioner Johnson to
recommend approval of rezoning Outlot F, Elk Path Business Center from Ric
Single Family Residential to BP Business Park. Motion carried 5-0.
5. General Business - None
6.1 City Council Liaison Update
Councilmember Burandt provided an update on recent City Council action taken on items
reviewed by the Planning Commission.
6.1 Planning Commission Liaison
Mr. Carlton stated that the City Council will be bringing back the practice of having a
Planning Commission representative attend the City Council meetings,to provide input as
needed on planning items under City Council review.
7. Adjournment
There being no further business, Commissioner Johnson moved to adjourn the
meeting.
The meeting of the Elk River Planning Commission adjourned at 7:30 p.m.
Minutes prepared by Debbie Huebner.
Tina Allard
City Clerk
"ric Johnson,Chair,Planning Commission