5.1. - 5.4. SR 11-01-2004
Item #!s 5.1-5.4.
City of
Elk !:'-
River-
MEMORANDUM
FROM:
Mayor and City Council
Michele MCPherso.@6;ector of Planning
TO:
DATE:
November I, 2004
SUBJECT:
Case No. LU 04-04, ZC 04-09, CU 04-33 & P 04-22
Request by Fisher Sand & Aggregate & Associated Developers
for a Land Use Amendment, Zone Change, Conditional Use
Permit and Preliminary Plat of Elk River Crossing 6th Addition
Request
The applicants are requesting that the Planning Commission consider the following four
applications:
1. A Land Use Amendment from Light Industrial to Highway Business for Lot 1,
Block 1 Elk River Business Park.
2. A Zone Change from Business Park to Planned Unit Development for Lot 1, Block
1 Elk River Business Park.
3. An amendment to the Elk River Crossing Planned Unit Development (Conditional
Use Permit).
4. Preliminary Plat of Elk River Crossing 6th Addition
The purpose of these requests is to re-subdivide Lot 1, Block 3 of Elk River Crossing and
Lot 1, Block 1 of Elk River Business Park into two new lots to locate Maxsun Furniture and
Tractor Supply Company.
Location
Southwest corner of the intersection of 179th Avenue and Twin Lakes Road, north of
Industrial Circle
Elk Riv~ Business Park - P 04-22
November 1, 2004
Page 2
Attachments
. Location Map
. Memo from the City Engineer dated October 12, 2004
. Memo from the Director of Economic Development dated October 11, 2004
. Economic Development Department Inquiry/Prospect Tracking Report 2001 - 2004
. Draft Economic Development Authority Meeting Minutes of October 12, 2004
. Draft Planning Commission Meeting Minutes of October 26, 2004
. Sketch Plan - Tractor Supply/Maxsun Furniture
. Preliminary Plat - Elk River Crossing 6'" Addition
Land UselZoninl
HB Highway Business/PUD Planned Unit Development
LI Light Industrial/BP Business Park
Overview
The subject parcels are currently vacant. Transecting the northeast corner of Lot 1, Block 3
of Elk River Crossing is a 200-foot wide transmission line easement within which are electric
transmission lines operated by Great River Energy. Also located in this general vicinity is a
storm water detention pond.
Elk River Business Park is currently home to two buildings; a 50,000 square foot multi-
tenant speculative building, within which is housed Great River Energy offices and a
building supply company, as well as Twistmaster Gymnastics. Also located in the Business
Park is a 20,000 square foot building under construction for Gradient Technology, a
research and development operation for the demilitarizing of Army munitions.
Analysis
Land Use Amendment
The City Council needs to consider the land use request prior to the other three requests. If
the land use request is not approved, then the zone change, conditional use permit and
preliminary plat are a moot point.
The Director of Economic Development's October 11'" memo outlines the various issues
relating to a land use change in this area. It has been a strategic goal of the City to develop
industrial land. The Economic Development Authority's marketing tagline is to be "the
light industrial hub of the northwest metro". Converting a portion of the Business Park to
Highway Business land use would be inconsistent with this stated strategic goal of the City.
The Comprehensive Plan was recently adopted on August 16, 2004. In it the Plan kept the
area in question as Light Industrial, even though during the Comprehensive Plan
discussions, it was contemplated that this site could be commercial or even mixed use, given
the adjacent development to the north.
s: \PLANNING\Case Files \2004 \P 04-22 E R Crossing 6th \ 11 01 04 cc memo.doc.
Elk River Business Park - P 04-22
November 1, 2004
Page 3
The applicant, at the Economic Development Authority meeting, noted that they have had a
difficult time marketing the Business Park and had always intended that Lot 1, Block 1 of
Elk River Business Park would be reserved for "higher value showroom warehouse-type
uses". While showroom warehouse-type uses are allowed in some industrial districts
throughout the metropolitan region, the City's zoning district limits the use of warehousing
and retail in the Business Park District. The lots in this business park are the only lots
currently readily available with infrastructure. All other areas zoned business park or
industrial have not been subdivided nor do they have infrastructure in place to support a
prospect on a short timeline.
The Economic Development Authority, after much discussion, voted 6-1 to recommend
that the land use remain as is (see attached minutes).
Given the recent adoption of the Comprehensive Plan, the City's strategic industrial
marketing goal of becoming the "Light Industrial Hub of the Northwest Metro", and the
standing Contract for Private Redevelopment that requires industrial development and build
out (see Director of Economic Development memo of October 11,2004), staff
recommends that the land use amendment not be approved and that the parcel in question
remain guided for Light Industrial development.
Zone Change
If the City Council chooses to change the land use to Highway Business, then it can consider
the zone change to PUD. Planned Unit Development zoning is consistent with the zoning
of Elk River Crossing, which is the zoning of Lot 1, Block 3 of Elk River Crossing. The
proposed uses of a furniture store and tractor supply store are consistent with commercial
zoning versus light industrial or business park zoning.
The purpose of the Business Park District is defined:
"The Business Park District is established to encourage a planned integrated
environment for certain industrial office and commercial uses which are compatible
with and complement each other, as well as the surrounding land uses. The
underlying land use designation within the District may vary and may be either Light
Industrial or Highway Business. Development with the Business Park District will
correspond with the land use designation. Industrial and office uses are allowed
where the land use designation is light industrial and commercial uses are allowed
where the land use designation is Highway Business."
Highway Business uses are limited to health athletic clubs, person service establishments and
financial institutions.
True retail facilities such as what is being proposed are considered accessory and are limited
to a maximum of 5,000 square feet of the occupied quarters, or 15% of the gross floor area,
whichever is less. In summary, if the land use designation is changed, then the zone change
to Planned Unit Development is consistent with the land use and adjacent uses.
S:\PLANNING\Case Files\2004\P 04-22 E R Crossing6th\11 01 04 cc memo.doc
Elk River Business Park - P 04-22
November 1, 2004
Page 4
Conditional Use Permit
The applicant has submitted a sketch plan illustrating the relationship of the two proposed
facilities to each other and the existing transportation facilities. Mr. Maurer, City Engineer
has noted in his memo that two primary transportation issues are of concern as it relates to
site plan approval: 1) the primary shared entrance to the site should be relocated easterly in
order to be aligned with the southern-most entrance into Home Depot located north of
179th Avenue; 2) the site should be designed to work harmoniously in such a way as to
require deliveries to both sites to occur from Industrial Circle, as opposed to mixing with the
primarily passenger and commercial traffic off of 179'h A venue. His other comment relating
to the site is the nature of storm water detention and ensuring that drainage flows and
calculations are consistent with the original approved drainage plans for both Elk River
Crossing and Elk River Business Park.
Each site will be required to process an individual conditional use permit, if the land use,
zone change and conditional use permit for the PUD amendment are approved. The
Planning Commission and Council will then have an opportunity to evaluate the building
designs against the design standards for the Elk River Crossing PUD.
Preliminary Plat
The preliminary plat provides lot area and lot width consistent with the Planned Unit
Development standard used for the approval of Elk River Crossing, which required a
minimum of 1 acre lot areas. The PUD zoning allows for negotiation between the City and
the applicant in regards to setbacks, parking requirements, landscaping. These issues will be
evaluated as part of the specific site plan review.
Mr. Maurer notes in his memo that Twin Lakes Road should have limited access to prohibit
driveways onto it.
Plannini Commission Action
The Planning Commission conducted a public hearing regarding this request at its October
26, 2004 meeting. The applicant provided testimony regarding the current light
industrial/manufacturing market, the intent for the parcel in question, the available industrial
square footage that could be built in the remainder of the park, and the level of jobs
proposed by the furniture facility.
The Commission voted 4-3 to recommend to the City Council that the requests be approved
(Anderson, Stevens, Scott opposed). The prevailing side stated the following reasons for
their recommendation:
. The Comprehensive Land Use Plan is only a "broad brush"; is not hard and fast
by parcel and can be adjusted as necessary.
. The applicant made a good case as to why the request should be granted.
. The long-term goal of becoming the "light industrial hub of the Northwest
Metro" would not be adversely impacted by this short-term decision.
S:\PLANNING\Case Files\2004\P 04-22 E R Crossing6th\11 01 04 cc memo.doc
Elk River Business Park - P 04-22
November 1, 2004
Page 5
Those voting against the approval were concerned with the erosion of the business park by
additional commercial development which may result in the ultimate demise of the business
park.
Recommendation
Staff recommends that the City Council deny the request to change the land use designation
for Lot 1, Block 1 Elk River Business Park from Light Industrial to Highway Business for
the reasons noted above.
If the land use request is approved, the City Council should then act on the remaining three
requests. If the Conditional Use Permit and PrelinUnary Plat requests are approved, they
should be subject to:
I. ALL CONDITIONS OF THE ORIGINAL ELK RIVER CROSSING
PUD, INCLUDING THE DESIGN STANDARDS.
2. THE PROPOSED MAXSUN FURNITURE STORE WILL NOT
COUNT TOWARD THE BUILD OUT REQUIREMENT
STIPULATED IN THE CONTRACT FOR PRIVATE
REDEVELOPMENT AND THEREFORE IS INELIGIBLE FOR
REIMBURSEMENT TO THE APPLICANT.
S:\PLANNING\Case Files\2004\P 04-22 E R Crossing 6th\11 01 04 cc memo.doc
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Elk. ____ Location Map
ver Case Number: ZC 04-09, LU 04-04, CU 04-33 & P 04-22
~
N
City of
El ~
River -
13065 Orono Parkway
Elk River, MN 55330
October 12, 2004
File: 824480J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: ELK RIVER CROSSING 5TH ADDITION
PRELIMINARY PLAT REVIEW
Dear Ms. McPherson:
As requested, we have reviewed the preliminary plat for Elk River Crossing Sm Addition.
Based on our review and comments received at the staff review meeting, we would offer the
following comments:
1. The preliminary plat of Elk River Crossing Sm Addition proposes to combine and replat
Lot 1, Block 3 Elk River Crossing and Lot 1, Block 1 Elk River Business Park. Together
with the preliminary plat approval, the developers are asking that the portion of the plat
previously known as Lot 1, Block 1 Elk River Business Park be rewned from Business
Park to Planned Unit Development, to allow commercial develo~ment. The proposed
preliminary plat would create two new lots fronting on both 179 Avenue and Industrial
Circle.
2. The plat should provide limited access along the entire Twin Lakes Road (Tyler Street)
frontage.
3. Although the site plans for each lot are not under consideration at this time, it is
important to note that access for both customers and deliveries to the two lots will be a
major consideration. The lots should be laid out in such a fashion and! or cross access
agreements provided between the two lots that a single main access point can be
provided off 179m Avenue to service both lots. This access point should line up with the
Home Depot access located on the north side of 179m Avenue. Also, it would be
important to layout the two sites so that large vehicles providing deliveries to both sites
Phone: 763.635.1000
Fax: 763.635.1090
www.d.elk-river.mn.us
Elk River Crossing 5'" Addition
October 12, 2004
Page 2
could access from Industrial Circle where industrial traffic is expected, rather than 179th
Avenue where vehicle traffic utilizing the commercial establishments is expected.
4. With this proposed rezoning to provide two fairly large commercial sites where one
smaller commercial site was originally laid out, there will be a significant increase in the
amount of left turns off 179'" Avenue into both lots. We would recommend that as a
condition of any rezoning, the plat be required to pay $15,000 for the re-striping of 179'"
AvenuelZane Street to a three-lane configuration with a center left turn lane. Currently,
Zane Avenue and 179'" Avenue are striped with two southbound lanes and one
northbound lane. We believe that a three-lane configuration with a center left turn lane
will operate much more efficiently with commercial left turn opportunities to both sides
of the roadway.
5. There is an existing drainage and utility easement shown on the preliminary plat, but not
called out. This is located in the northeast corner. There is currently a storm drainage
ponding facility constructed in this drainage and utility easement for the portion of the
plat which falls within Elk River Crossing. The portion of the plat which currently falls
in Elk River Business Park has a different drainage concept with storm water being
collected and conveyed further south to a larger regional pond. Although there is
existing storm drainage facilities to handle the runoff from this entire area, it will be
important to determine that the amount of drainage flowing to each system is consistent
with the original design.
If you have any questions regarding any of these comments, please call.
Sincerely,
T~~7
City Engineer
s,\PLANNING\Case Files\2004\P 04-22 E R Crossing 5th\Enginms memo.doc
ITEM 1/ 8.
MEMORANDUM
FROM:
Economic Development Authority
Catherine Mehelich, Director of Economic DevelopmentM
TO:
DATE:
october 11, 2004
SUBJECT:
Consider Recommendation to City Council on land Use
Amendment and Zone Change. - Elk River Business Park
Attachments
. Site Plan - Tractor Supply and Maxsun Furniture
. Preliminary Plat
. Staff Memo from Director of Planning, Michele McPherson
. 2001-2004 Economic Development Dept. Inquiry/Prospect Summary Report
Background
In order to allow for the construction of two retail prospects, the owners of Elk River
Business Park, Fischer Sand & Gravel/Associated Investors of Elk River, have requested the
following actions:
. Land use amendment to change the bnd use of certain property from LI (Light
Industrial) to HB (Highway Business)
. Rezone certain property from BP (Business Park) to PUD (planned Unit
Development)
. Preliminary Pbt Approval of Elk River Crossing 5'h Addition
Issue
The Planning Commission will hold public hearings on the three actions listed above at its
October 26'" meetiog. As in the past, the EDA is requested to provide comment and a
recommendation to the Planning Commission and City Council with regard to the proposed
change from Business Park/Light Industrial. Representatives from the property owners will
be at the meetiog to discuss the proposed project.
Proposed Project
The proposed Preliminary Pbt is attached for review. The proposal combines the northeast
parcel of Elk River Business Park Lot 1, Block 1 (5-acres) with the southern portion of Elk
Elk River Business Park
EDA Meeting October 11, 2004
Page 2 of3
River Crossing PUD and subdivides them into two new lots. The new plat would allow for
the construction of two separate retail showroom bnildings, Tractor Supply and Maxsun
Furniture. Access would be from both 179'" Avenue (customer traffic) and Industrial Circle
(deliveries).
Analysis and Recommendation
Based on the EDA's mission to be the "Light Industrial Hub of the Northwest Metro", staff
recommends that the EDA recommend denial of the land use amendment and rezoning for
the following reasons:
. The proposed project would remove 5-acres of readily available land for light
. industrial development. In 1996 the EDA and City Council strategically identified
and rezoned areas for Business Park/Light Industrial use. With the exception of
Mulvaney Point, all other Business Park land in Elk River does not have the
infrastructure necessary to allow for development in a short period of rime. The
attached memo from Director of Planning, Michele McPherson provides
information related to the recent Comprehensive Plan discussions surrounding the
Elk River Business Park.
. While the economy has slowed since 2001, neighboring cities have experienced a
boom in industrial development. This is primarily due to those cities owning their
own industrial/business parks. In an effort to make the privately-owned business
parks competitively priced with neighboring communities, the City has actively
marketed the Elk River Business Park and provided Tax Rebate (Abatement)
Financing to write-down the cost ofland to industrial users. The attached Economic
Development Department Inquiry /Prospect Tracking Report indicates a relatively
constant amount of light industrial prospects that vary in project size over the past 3
and half years. The market is experiencing an upturn, as noted in last month's
prospect report.
. The proposed project interferes with the intent of the Business Park zone for light
industrial uses. During the 2000 Strategic Industrial Marketing Plan process, Duckor
& Associates was told by several light industrial interviewees that they chose to not
locate in Elk River due to the perceived amount of retail/ service businesses in the
original industrial park areas of Elk River.
. The East Elk River development and construction of Twin Lakes Road was with the
purpose and intent of crearing areas for light industrial development, including Elk
River Business Park and the EDA's purchase of the Brown property. The Contract
For Private Redevelopment between the EDA and the owners of Elk River Business
Park, dated July 30, 1999, defines the "Business Park Project" as follows:
,
"..the development of approximately 200,000 square feet, and the provision for
development of an additional 1 00,000 square feet, of light indusl:1~al bnilding space
on the Business Park Property, together with all of the roadways, parking facilities,
F: \SHRDOC\ED"~ \ TIF\ TIF19\ 1 0.11.04 eda.doc
Elk River Business Park
EDA Meeting October 11, 2004
Page 3 of3
waJl<s, landscaping, utility and other onsite improvements necessary in connection
with and in order to facilitate development of the Business Park Property."
As part of the agreement a Development Schedule was based upon full build-out of
the Elk River Business Park. City Attorney, Peter Beck will be at the EDA meeting
to answer questions related to the 1999 Development Agreement.
F:\SHRDOC\EDA \TIF\TIFI9\10.11.04 eda.doc
13065 Orono Parkway
Elk River, MN 55330
Economic Development Department
Inquiry jProspect Tracking Report
2001 2002 2003 Jan-AuC1'04
Total Inquiries 75 48 75 67
Commercial 30 17 29 21
Industrial 45 31 46 41
Light Industrial NA 21 34 20
Heavy Industrial NA 10 12 4
Distribution/Warehouse NA NA NA 3
Commercial-Service NA NA NA 14
Other ~ NA NA NA 5
.
Nature of Light Industriallnquirv
Lease Space 12 6 10 6
Land/Building 28 13 9 13
Other (info/$) 5 2 11 1
Light Industrial Size
Smail (Less than 10,000-sf) 16 5 5 8
!y1edium (10,000-sf.to 29,000-sf) 10 13 9 5
Larcre (30,000-sf +) 13 6 6 5
Other (spec/info) 6 3 11 2
.
Active Prospects 10 7 6. 9
Located in Elk River, cumulative 2 1 3 6
NA/Unknown 29 10 19
Located Site Elsewhere 7 5 3 2
Big Lake 2 1
Ramsev 1
Other 5 4 2 2
Phone: 763.635.1000
Fax: 763635.1090
F:\SHRDOC\EDA \PROSPEC1\2004 Inquiries\200 1.2004summalYI1Jt.doc
www.ci.elk-riveLmn.us
Economic Development Authority :Minutes
October 11, 2004
Page 3
-----------------------------------------
7. Cit;y Council Goal Setting- Work Session with Boards and Commissions
Director of Economic Development Mehelich noted that the EDA is asked to provide input
at the joint Boards and Commissions meeting on their goals and projects as identified in the
Strategic Plan.
8. Consider Recommendation to Cit;y Council on Land Use Amendment and Zone Chang-e -
Elk River Business Park
Ms. Mehelich reviewed the request by the owners of Elk River Business Park, Fischer Sand
& Aggregate/Associated Investors of Elk River for a Land Use Amendment, Rezoning and
Preliminary Plat. Approval of the requests would allow the applicants a Tractor Supply and
Maxsun Furniture store to be constructed. Ms. Mehelich reviewed staff's findings for their
recommendation of denial of the requests.
Rick Martens, representing the applicant, discussed his reasons why he felt the request
should be approved, including: the quality of the buildings/users; the higher value of this
site; no loading dock facing _???; the Business Park District does allow some
showroom/retail space; economic conditions have created a weak market for potential
business park users; and, a number of quality jobs would be created.
Troy Top_, representing Jimmy Yang of Maxsun Furniture, provided information
regarding Mr. Yang's business experience, and the type of store and number of employees
they are proposing for the Elk River site.
Gary Santwire, EDA Marketing Committee member, stated that this property is
included in the Development Agreement for Elk River Crossing and action would be
required to remove it. He noted the request does not comply with Comprehensive Plan
adopted only 45 days ago. Mr. Santwire noted that if Rich Gagne's property located next to
the courthouse were rezoned to Highway Business, it also would be developed immediately.
He felt it would be logical for this property to be rezoned, since it is located next to a
commercial area.
Commissioner Dwyer stated that when this TIF District was set up, a condition of approval
was that the business park be included. He felt that since the business park was built as part
of the TIF, the zoning should remain Business Park.
Commissioner Tveite concurred with Commissioner Dwyer. He noted that it has been the
goal of the City to create a mix of uses in their tax base.
Commissioner Kuester stated that she was not satisfied with the land use of this site during
the Comprehensive Plan review and felt there were mixed opinions whether it should be
commercial or industrial. Ms. Mehelich stated that she could research the files to find out
who made comments on the issue. She recalled that there was support for commercial use
of the site.
Commissioner Motin concurred with Commissioners Dwyer and Tveite. He felt that the
jobs proposed for the Maxsun Furniture store were acceptable, but that this use would
generate more traffic than a business park use. He felt that the Maxsun business would be a
better use for the commercial site than the tractor supply would be, and encouraged Masxun
to build on that site, instead of the business park site.
Economic Development Authority :Minutes
October 11, 2004
Page 4
.________...._________..h..h____b
Commissioner Klinzing stated that she felt this was borderline issue that could be argued
either way. She did not feel the issue was discussed much during the Comprehensive Plan
review because of the Development Agreement already in place for the property.
Commissioner Dwyer stated that he recalled Rusty Fifield, Coordinator for review of the
Comprehensive Plan, recommended commercial use for this property, because of its
location. Commissioner Dwyer felt that the property falls in a gray area.
Commisisoner Koenig stated that he liked the proposal and supporting job information, but
he also had a concern that the request conflicted with the newly adopted Comprehensive
Plan.
Commissioner Gongoll stated that he also supported the job information and felt there
would be no question Mr. Yang would construct a quality building. But, he stated he was
not in favor of the land use amendment and zone change, and supported the Business Park
use for this site.
MOTION BY COMMISSIONER DWYER AND SECONDED BY
COMMISSIONER TVEITE TO RECOMMEND DENIAL OF THE REQUEST
FOR A LAND USE AMENDMENT TO HB (HIGHWAY BUSINESS) AND
ZONE CHANGE TO PUD (PLANNED UNIT DEVELOPMENT) FOR LOT 1
BLOCK 1, ELK RIVER BUSINESS PARK. MOTION CARRIED 6-1.
Commissioner Kuester opposed.
9. Other Business
Commissioner Klinzing noted that a Super Target store is being proposed in Otsego and
was concerned about the future fate of the Elk Park Center Target store. She stated that it
was important that the City convey their desire to see the store remain in this location.
Commissioner Dwyer stated that it was his understanding that the Super Target would not
be built until after the County Road 36 overpass was completed. The bids for the overpass
would not be let until spring of 2006, and construction would likely not be until 2007.
10. Adjournment
There being no other business, Chair Gongoll adjourned the meeting.
The meeting of the Elk River Economic Development Authority adjourned at 6:35 p.m.
Submitted by,
/JJt.u ~
Debbie Huebner
Recording Secretary
Planning Commission Minutes
October 26, 2004
Page 3
---------------------------
6.3. Request 1:>y Fischer Sand & Aggregate. LLC/ Associated Investors of Elk River. Inc. for
Prelimin"'Y Plat Approval (l;:lk River Crossing 6,], Addition). Public Hearing - Case No.
P 04-22
6.4. Request 1:>y Fischer Sand & ~gregate. LLCI Associated Investors of Elk River. Inc. for
Conditional Use Pennit to Amend POO Agreement. Public Hearing - Case No. CD 04-33
Director of Planning Micbele McPherson reviewed the requests by Fischer Sand &
Aggregate and Associated Investors of Elk River for a land use amendment, rezoning,
preliminary plat and conditional use pennit. She explained that the land use amendment is
the most important issue. Staff recommends denial of the request, as it is in conflict with
the City's newly adopted Comprehensive Plan and the Economic Development Strategic
Plan. Ms. McPherson stated that if the Commission does support the land use amendment,
then approval of the rezoning would be consistent with the land use.
Ms. McPherson reviewed staff's recommendations relating to the conditional use permit and
preliminary plat request regarding transportation issues and drainage. She noted that a
conditional use pennit will be required for each site if the land use, zone change and
conditional sue pennit for the POO amendment are approved, whereby the Planning
Commission and Council will be able to evaluate the building designs.
Ms. McPherson stated that the preliminary plat is consistent with the POO Development
standards, and noted that issues regarding setbacks, parking, and landscaping would be
evaluated as part of the specific site plan review.
Ms. McPherson stated that the Economic Development Authority made a recommendation
for denial of the land use amendment.
Chair Ropp opened the public hearing.
Rick Martens, partner in the development of Elk River Business Park - Stated that he
will continue to market the remainder of the property as Business Park. He explained that
the industrial market and manufacturing has changed considerably in the last several years.
This site is the only site suitable for an upgraded use. The other Business Park sites have
sold at a much lower rate of $1.25 per square foot plus assessments. Mr. Martens explained
that there is a physical and visual connection of this site to the commercial area. He felt that
the proposed Maxsun Furniture building demonstrates good planning; there would be no
loading dock to the north, which there would have been with an industrial use This building
will have a smalI loading dock tucked to one side of the building. He noted that the building
will be finished on three sides, and would only have been finished on two sides to meet the
Business Park standards. Mr. Martens stated that two of the Economic Development
Commissioners were in agreement that this site was a "gray" area and could be used either
way. Mr. Martens stated that he felt the use was logical and the situation is similar in other
cities, having retail and business park uses mixed together. He sited examples in Brooklyn
Park and Blaine. Mr. Martens noted that most of the Tractor Supply site is already zoned
commercial. The Maxsun furniture store would consist of warehousing, interior design
space, offices, showroom and retail. Mr. Martens explained that even if this site were to be
rezoned to commercial, they would sti1l be 50 percent over the amount of industrial square
footage they are required to develop as part of the development agreement.
Troy Tuftco, representing Jimmy Wang of Maxsun Furniture - Stated that the Maxsun
Furniture Store will be approximately 50,000 square feet and Tractor Supply will be 30,000-
Planning Commission Minutes
October 26, 2004
Page 4
---------------------------
35,000 square feet. He provided background infonnation on Mr. Wang's experience and
other stores. He stated that they anticipate creating the following jobs:
6 - 8 full time administrative jobs at $25,000 - $60,000/year
12 full time commissioned sales averaging $25,000/year
4 full time employees at $12-$15 per hour
8 full time employees at $10-$14 per hour
Mr. T uttco stated that Maxsun Furniture features contemporary furniture and lighting not
offered in this area. He stated that the building will have lots of windows and will be
finished on all sides.
There being no furtber public comment, Chair Ropp closed the public hearing.
Commissioner Stevens asked if the existing lots were buildable as they are currently
configured. Ms. McPherson stated yes, that there were no hindrances to developing them as
they are today. Commissioner Stevens stated that he is strongly opposed to commercial
development of land designed for business park use and felt the City should do anything it
can to nurture business park growth.
Commissioner Offennan stated that he felt the applicant made some very good points to
support the proposed use. He felt that the EDA made a good case as to why the property
use should not be changed, but that there would still be a substantial amount of property
available to the south for business park use. He stated that the Comprehensive Plan is not
finite. He felt the request is within the intent of the Plan and meets the criteria for creating
good jobs, etc. He stated that he would encourage businesses to come to Elk River.
Commissioner Offennan asked what would happen if the lots were reconfigured and the
two retail uses did not happen. Ms. McPherson explained that the land use and rezoning are
effective upon publication, but that the lot configurations are not final until the final plat was
recorded. Commissioner Offennan stated that he was in favor of recommending approval
of the requests.
Chair Ropp concurred that the applicant made a strong case for approval. He noted that the
applicant has stated there still is enough business park space available to meet the
buildoutrequirement. Ms. McPherson explained that yes, the development agreement
requirements will be met, but this does not take into account the City's goals and objectives
for business park development.
Commissioner Anderson asked for clarification on the type of product offered by Tractor
Supply. Ms. McPherson explained that Tractor Supply is a Fortune 500 company with over
500 stores nationwide. The company markets to hobby farmers, selling animal feed, small
tractors, lawn and garden supplies, etc.
Commissioner Anderson asked who owned the parcel to the north. Ms. McPherson stated
that the property is owned by Associated Investors of Elk River, developers of the Wal-Mart
and Home Depot sites. She noted that this is a joint application by them and Fischer Sand
and Aggregate. Commissioner Anderson asked how the northern lot was impacted by the
power line. Ms. McPherson stated that there is a 200 foot wide power line easement and a
drainage easement on the eastern third of the property.
Planning Commission Minutes
October 26, 2004
Page 5
---------------------------
Commissioner Anderson asked if Tractor Supply could locate their facility on the
connnerciallot as it is now. Ms. McPherson stated yes, it could physically acconnnodate the
business, but that Tractor Supply has indicated to her that they would not be able to locate
their typical prototype on the lot. Commissioner Anderson stated that he concurred with
Commissioner Stevens and was not in favor of approval of the requests. He stated that he
would like to see Maxsun locate a store in EJk River on another location.
Commissioner Westgaard asked if the easement portion of Lot 1, Block 3 was unbuildable.
Ms. McPherson stated that the easement area could be added to the Maxsun Fwniture site as
green space. Commissioner Westgaard stated that he would like to see how the driveways to
these sites line up with Home Depot. Mr. Maurer stated that if the requests are approved,
these issues would be looked at as part of the conditional use pennit for each individual site.
He explained that the access could be accomplished by cross access agreements between
Maxsun Fwniture and Tractor Supply.
Commissioner Stevens stated that he felt approval of the interim uses allowed the "camel's
nose in the tent" so to speak, and now they are faced with a request for more connnercial
development of land set aside for business park.
Commissioner Anderson stated that the Planning Commission voted unanimously against
the interim uses for the Business Park, but that the City Council decided to allow them. He
stated that he felt they need to be consistent and follow the Comprehensive Plan. He stated
that he could foresee expansion of the connnercial uses continuing southward and slowly
eroding away the land set aside for light industrial use. He stated that even though the land
is attractive to connnercial users because it is sitting there ready to go, he felt the City needs
to wait and the right industrial user will eventually come.
MOTION BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER ANDERSON TO RECOMMEND DENIAL OF THE
REQUEST BY FISCHER SAND & AGGREGATE, LLC/ ASSOCIATED
INVESTORS OF ELK RIVER, INC. TO AMEND THE LAND USE FROM LI
LIGHT INDUSTRIAL TO HB HIGHWAY BUSINESS. MOTION FAILED 3-4.
Chair Ropp and Commissioners Lemke, Offerman and Westgaard opposed.
Commissioner Lemke stated that he did not recall that the vote on the interim uses for the
Business Park were unanimous. He stated that it was his understanding that the
Commission voted to approve the Comprehensive Plan because of the fact that it was a
guiding document. He did not feel this request was unreasonable and that it fit the general
plan for the area.
--------------
MOTION BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE
REQUEST BY FISHER SAND & AGGREGATE, LLC/ ASSOCIATED
INVESTORS OF ELK RIVER, INC. TO AMEND THE LAND USE FROM
LI,LIGHT INDUSTRIAL TO HB HIGHWAY BUSINESS, CASE NO. LU 04-04.
MOTION CARRIED 4-3. Commissioners Anderson, Stevens and Scott opposed.
------------
MOTION BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE
REQUEST FOR REZONING FROM BP BUSINESS PARK TO POO, PLANNED
UNIT DEVELOPMENT, CASE NO. ZC 04-09. MOTION CARRIED 4-3.
Commissioners Anderson, Stevens, and Scott opposed.
Planning Commission Minutes
October 26, 2004
Page 6
---------------------------
------------
MOTION BY COMMISSIONER LEMKE AND SECONDED BY
COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE
REQUEST FOR PRELIMINARY PlAT APPROVAL OF ELK RIVER CROSSING
61H ADDITION, CASE NO. P 04-22. MOTION CARRIED 4.3. Commissioners
Anderson, Stevens and Scott opposed.
Commissioner Offerman asked for confirmation that they would have some input on the
individual sites through the conditional use permit process. Ms. McPherson stated yes, and
that these sites would be subject to all of the previous standards of the Elk River Crossing
POO, as well as any new conditions the Commission may recommend when they review the
site plans.
MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF mE REQUEST
FORA CONDITIONAL USE PERMIT TO AMEND mE ELK RIVER
CROSSING POO AGREEMENT, CASE NO. CU 04-33, WIm mE
CONDITIONS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-
3. Commissioners Anderson, Stevens and Scott opposed.
6.5. Request by River of Life Church for Interim Use Permit for T emporaty Office. Public
Hearing - Case No. CU 04-28
Planner Chris Leeseberg stated the River of Life Church, 21695 Elk Lake Road, is requesting
an interim use permit to place a portable office on the south side of their existing building.
The structure is proposed to be removed in the summer of 2006. He noted that the
applicant has stated that the temporary office would be no larger than 16' by 80'. Staff
recommends approval of the request with the three conditions listed in the staff report.
Chair Ropp opened the public hearing.
Arthur Swanson, Business Administrator for River of Life Church - Asked that the
Commission use a maximum square footage if they wished to restrict to size of the building.
He stated that if they obtain a temporary structure from the school district, it may have
different dimensions than 16'x80' (could be wider and shorter).
MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF mE
REQUEST BY RIVER OF LIFE CHURCH FOR AN INTERIM USE PERMIT
FORA TEMPORARY OFFICE, TO EXPIRE SUMMER OF 2006. MOTION
CARRIED 7-0
6.6. Request by Elite Sanitation for Conditional Use Permit for Outdoor Storage. Public Hearing
- Case No. CU 04-29
Senior Planner Scott Harlicker presented the staff report. Elite Sanitation requests a
conditional use permit for outdoor storage of portable sanitation units. The units are
pumped off site; waste is disposed at a licensed facility, and the units are then brought back
to the site where they are inspected, cleaned and stored for future use. Mr. Harlicker
reviewed the surrounding land uses, site plan, and the proposed improvements including
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