11-28-2000 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, NOVEMBER 28,2000
Members Present:
Chair Mesich, Commissioners Baker, Chambers, Kuester, Pederson,
Ropp and Schuster
Members Absent:
None
Staff Present:
Michele McPherson, Director of Planning; Scott Harlicker. Senior
Planner; Stephen Wensman, Planner; Terry Maurer, City Engineer
1. Call Meetinq To Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 6:35 p.m. by Chair Mesich.
2. Consider 11/28/00 Planninq Commission Aaenda
COMMISSIONER BAKER MOVED TO APPROVE THE NOVEMBER 28, 2000 PLANNING
COMMISSION AGENDA. COMMISSIONER PEDERSON SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
3.1.
Consider 9/26/00 Planninq Commission Minutes
COMMISSIONER BAKER MOVED TO APPROVE THE SEPTEMBER 26, 2000, MINUTES.
COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0-1.
Chair Mesich abstained.
3.2. Consider 11/14/00 Planning Commission Minutes
COMMISSIONER BAKER MOVED TO APPROVE THE NOVEMBER 14,2000, MINUTES.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
4. Plannina Commission Representative to Attend December City Council Meeting
Commissioner Schuster will attend the December 18, 2000, City Council meeting.
5.1.
Reauest by Christopher Stokke for Rezoninq from A 1 (Aqricultural) to C3 (Hiqhway
Commercial!. Public Hearina - Case No. IC 00-6, and Land Use Amendment from
A (AGricultural) to HB (Hiqhway Businessl- Public Hearing, Case No. LU 00-7
Staff report by Scott Harlicker. Christopher Stokke is requesting a rezoning to C3
(Highway Commercial) and land use amendment to HB (Highway Business) for
property located at the southeast corner of the intersection of 218th Avenue and
Highway 169. The property is currently being used for a landscape business. Mr.
Harlicker reviewed the staff report which outlined the purpose of the A 1
(Agricultural) District and the surrounding conditions which led to the staff
Planning Commission Minutes
November 28, 2000
Page 2
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recommendation of denial. The Comprehensive Plan intends that highway
commercial is an intensive commercial district and provides for high impact
commercial uses that typically require access onto the highway system. The
subject property does not have access to a public street and access to the
highway is via a private gravel drive, not acceptable for highway commercial
use.
The Agricultural Conservation District is intended to maintain and enhance the
use of land for agricultural purposes. Rezoning the subject parcel would create
an isolated commercial district that is approximately three miles north of any
other commercial entities located south of 197th Avenue. Staff recommends
denial of the request of Mr. Stokke based on the findings listed in the staff report.
Chair Mesich opened the public hearing.
The applicant. Chris Stokke, approached the podium and indicated he would be
happy to answer any questions.
Commissioner Kuester asked if Mr. Stokke would be conducting any retail sales or
if the site is intended to be used for storage. Mr. Stokke stated that the site would
used for the storage of equipment. supplies, including edging, rock, filter fabric
and also landscape material. He indicated that retail sales would be one of the
long term options for the property. He also indicated that the site would be used
for employees to arrive and leave from on their way to a job site.
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Commissioner Kuester asked why he brought the request forward, and is the use
of the property illegal at this time? Mr. Stokke stated that he would like to make
the business legal and he feels that the area is better suited for commercial
development. as opposed to residential.
Commissioner Baker asked for clarification of what would be stored on site and
has the applicant explored other options. Mr. Stokke stated he felt that his
business was similar to the surrounding mining operations and that his use fits the
neighborhood. He owns the property and is not interested in looking for an
additional site.
There being no further comments from the public, Chair Mesich closed the public
hearing.
Commissioner Chambers asked if the storage use could continue legally under
the ordinance. Mr. Harlicker stated that the use does not fit within a specific use
listed within the Agricultural Conservation District.
Chair Mesich asked if the use of the property under the horticulture provision
would be an option and also asked how the 2.8 acre site was created and what
the age of the structure was. Mr. Harlicker stated that the structure is
approximately 20 years old and that the 2.8 acres is an existing condition.
Commissioner Pederson stated that he did not want to see areas of commercial
development interspersed with the agricultural uses.
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Planning Commission Minutes
November 28. 2000
Page 3
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Commissioner Kuester expressed her concern regarding traffic issues related to
higher intensity commercial operation.
Chair Mesich stated that he did not feel that the use was inappropriate for the
Agricultural Conservation District. however, he opposed rezoning the site to
commercial, as it creates future problems if the property were to be resold.
COMMISSIONER PEDERSON MOVED TO RECOMMEND DENIAL OF THE REQUEST BY
CHRISTOPHER STOKKE FOR THE REZONING AND LAND USE, CASE NO.'S ZC 00-6 AND
LU 00-7, BASED ON THE FOLLOWING FINDINGS:
1. THE COMPREHENSIVE PLAN OUTLINED THE EXTENSION OF THE HIGHWAY
COMMERCIAL DISTRICT ALONG HIGHWAY 169 UP TO, BUT NOT NORTH OF, 197TH
AVENUE. THIS PROPERTY IS ALMOST 3 MILES NORTH OF 197TH AVENUE. THE
CONDITIONS HAVE NOT CHANGED TO WARRANT THE PROPOSED LAND USE
PLAN AMENDMENT AND ZONE CHANGE.
2. ACCESS TO THE SITE IS RESTRICTED. ACCESS TO THE SITE IS VIA A GRAVEL
PRIVATE DRIVE, WHICH IS NOT APPROPRIATE FOR HIGHWAY COMMERCIAL
PROPERTY.
3. THE SURROUNDING PROPERTIES ARE ALL ZONED AGRICULTURAL AND HIGHWAY
COMMERCIAL USES ARE NOT COMPATIBLE WITH AGRICULTURAL USES.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
5.2.
Request bv Phoenix Enterprises for Preliminary Plat Aooroval (Hillside 8th Addition).
Public Hearinq - Case No. P 00-18
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Staff report by Steve Wensman. Phoenix Enterprises is requesting Preliminary Plat
approval of Hillside 8th Addition, to subdivide 62.74 acres into 105 single family lots.
Mr. Wensman reviewed issues associated with the plat including: existing
conditions, grading, drainage, tree preservation, easements, park development.
street layout and wetland impacts.
Staff recommends that the request be postponed to the December 12, 2000
workshop meeting because of insufficient submittal information for review and
because of unresolved issues relating to grading.
Chair Mesich opened the public hearing.
Terry Rothenbacker of Pioneer Engineering, indicated that the applicant is willing
to work with staff to resolve the grading issues and they are interested in
preserving the trees adjacent to and behind Menards.
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Sally Pesta, 19506 Auburn Street, indicated on the map where her lot was. She
stated that she can hear the phones ringing from Menards if her patio doors are
open during the summer. Ms. Pesta indicated that she was vehemently opposed
to having a park located near her house as they are a problem with curfew
violators, trash, night-time basketball and teenage hangout for smokers of illegal
substances or cigarettes. She indicated that when she purchased her house that
the original plans indicated that she would have been located on a corner lot
and they have completed numerous improvements based on the fact that they
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November 28. 2000
Page 4
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would be on a corner lot. Ms. Pesta stated that installation of a fence is not
allowed due to the covenants of the development.
Doug Franz, 19416 Dodge Street, indicated that he was concerned with traffic
safety, as there are 20 kids under the age of 15 living on Dodge Street which is
proposed under the development to become a through street. He felt that
Dodge Street from Main Street to 196th would become a bypass for Highway 169,
during the summer months when many trailers and boats are traveling north on
169. Mr. Franz suggested that a cul-de-sac be constructed at 195th which would
prohibit traffic traveling through on Dodge Street.
Ken Lueck, 11388 1981h Avenue NW, stated that he was present for the planned
unit development of Hillside 51h through 71h Additions. At that time, smaller lot sizes
were permitted due to the fact that Mr. Glines, who previously worked for
Riverside Development, represented that future subdivisions would have larger
lots to preserve trees and that they would include executive-type homes. He
inquired as to whether or not the lot sizes averaged out between the various
subdivisions. Mr. Luke also stated that he is concerned about the trail north of
1961h, as he is currently seeing increased A TV and snowmobile traffic. He stated
that if a trail were to be constructed, that chain link fence should be placed on
either side of the trail corridor.
Patty and Don Swanson, 11460 1981h Avenue NW, stated that a wetland is located
behind their home and that they were concerned whether or not it would be
filled in.
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Scott Fitzgerald, 19374 Dodge Street, stated that he had known about the road
going through, but he wanted to know what the previous alignment was. Mr.
Fitzgerald also inquired what the value would be and if covenants and restrictions
would be required.
Chair Mesich asked if sidewalks would be included in the subdivision. Mr.
Wensman stated that sidewalks would be included on 195th Avenue, Dodge and
196th Lane.
Mr. Rothenbacker stated that the original plans which were presented to
residents were not officially approved by the City but were a work in progress
required in order to complete feasibility studies for the expansion of utilities into
the neighborhood. They can be expected to change.
Chair Mesich asked if there was a parking area for the park. The applicant stated
no.
Ms. Pesta, 19506 Auburn Street, stated that she felt that she had no rights and that
she was very upset that concept plans are allowed to change.
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John Kuester, 19834 York Street and Chair of the Park and Recreation
Commission, stated that he is glad to have the issue of ATV's and snowmobiles
utilizing park property raised at the public hearing. He stated that it is park policy
that motorized vehicles are not allowed on City trails and that there is an
enforcement concern regarding the use of these vehicles. Mr. Kuester stated
that the neighborhood park was an important component of the subdivision and
Planning Commission Minutes
November 28, 2000
Page 5
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that they are pleased with the location and it provides open space to balance
the density of the units in the subdivision. Mr. Kuester stated that the neighbors
adjacent to the park and within the subdivision will need to set the standards for
allowed activities and behavior within the park.
Chair Mesich asked if the area under the power lines was usable space. He
stated that any un buildable areas should not receive credit from the City for park
dedication. Mr. Wensman stated that the area under the power line could be
used for informal and unstructured play but that no facilities are proposed for the
area under the power line, nor would the developer be given credit for this area.
Jared _, 662 NE River Road, Minneapolis, asked how many trees would remain
in the area adjacent to the existing single family homes and are there any trees in
the park. He encouraged the Commission to maintain as many trees as possible.
Tim Franke, 19407 Dodge Street, stated he would like to reiterate his concern with
the traffic on Dodge. He requested that Dodge not be connected, but that
Baldwin Street be connected.
Robin Fitzgerald, 19374 Dodge Street, stated that she was aware that homes
would be constructed in this area and that she did have a concern regarding the
amount of traffic on Dodge Street. She also stated that she would not allow her
children to play under the power lines.
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Rich Hardy, 19383 Dodge Street, also indicated his concern with the connection
of Dodge Street.
Mr. Rothenbacker stated that five lots were removed in order to provide space
for the proposed park. He also stated that the applicant will maintain as many
trees as possible.
There being no further comments from the public, Chair Mesich closed the public
hearing.
Commissioner Pederson stated that he has several concerns regarding the
proposed subdivision: 1} he would increase the buffer between the lots and the
Menards development; 2} the traffic on Dodge will create a difficult traffic
situation at 193rd Avenue, which is already a bad intersection; 3} he would like to
see additional sidewalks added; 4} the park location is difficult and that there is
not the distance between the equipment and the lot lines appears very close.
He suggested moving the park to the area by Menards; 5} there are not enough
trees proposed to be saved and that it really is a clear-cut situation.
Commissioner Baker stated that traffic is an issue in this entire area.
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Commissioner Kuester stated she has the following concerns regarding the
proposed subdivision: 1} the increased density and the lack of open space. At
the time the original concept plan was approved, the Planning Commission did
not have a clear understanding of the density impacts and the amount of
population and homes that would be in this area; 2} traffic on Dodge Street; 3}
the subdivision is the last area to be developed in the whole Hillside area,
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November 28, 2000
Page 6
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therefore, making the connections, while necessary, create difficult traffic
patterns for existing and proposed homes.
Commissioner Schuster indicated a concern with the proposed trail location
within the proposed subdivision.
Commissioner Ropp indicated that he has a concern with the lack of trees that
will be saved.
Chair Mesich stated that he has a number of concerns regarding the proposed
subdivision: 1) the proposed subdivision will remove all of the trees and flatten a
large portion of the hills and will not maintain the current character of the site; 2)
he suggested relocating the park adjacent to Menards to provide a buffer to the
residential properties and to avoid the power lines; 3) he suggested connecting
195th to Auburn Street; 4) he questioned whether or not the developer could
custom grade all of the lots within the subdivision in order to preserve additional
trees.
City Engineer Terry Maurer responded that the site could be custom graded,
however, they would be graded to an overall grading plan and that as part of
the initial street construction, any major cuts and fills would be completed in
order to alleviate the builder from that responsibility.
Chair Mesich requested that the letter received from Menards be read into the
record. Director Planning Michele McPherson read the letter into the record.
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COMMISSIONER BAKER MOVED TO POSTPONE THE REQUEST BY PHOENIX
ENTERPRISES FOR PRELIMINARY PLAT APPROVAL OF HILLSIDE 8TH ADDITION AND
PUBLIC HEARING, CASE NO. P 00-18, TO THE DECEMBER 12, 2000 PLANNING
COMMISSION MEETING. COMMISSIONER PEDERSON SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
6.
Other Business
6.1. Uodate on November 20, 2000 City Council Meetina
Commissioner Baker provided an update on the November 20, 2000 City Council
meeting.
6.2. Workshoo: Discuss Land Use Alternatives for Northstar Corridor Deoot Site
Dave Loch was present to introduce land use planning for the Northstar Corridor
depot site to the Commission.
Brad Scheib from HKGI presented three concepts to the Commission for land use
alternatives for their consideration. Concept 1 included a business or job center
which would guide the area surrounding the depot as Business Center zoning and
would allow offices or manufacturing uses. This would allow job creation to occur
within the City. He also indicated that the use of pedestrian-friendly design would
be important to encourage walking to and from the depot site.
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Planning Commission Minutes
November 28. 2000
Page 7
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Concept 2 was a proposal for residential intensification and mixed use including
high and medium density residential development. High density residential
development included apartments and condos at approximately 30 units per
acre, with medium density development defined as 8-12 units per acre. Mr.
Scheib stated that good design can alleviate or even eliminate traditional
concerns regarding apartments of crime, graffiti and other unsafe conditions.
The third concept presented by Mr. Scheib was that of the transit village which
included a balanced mix of commercial, business park and housing. He again
stressed the need for good pedestrian connections.
Commission Baker stated that he would like to make the depot site successful by
incorporating transit-oriented design into the development.
Commissioner Pederson stated that he would like to see the City pursue
affordable housing for this site. He defined affordable housing as that level of
housing which could be afforded by persons making $10 to $12 per hour. He
stated that there is a group working with the legislature to mandate that in
certain size subdivisions, 15% of the housing units would be considered affordable.
He stated he liked Concept 3.
Commissioner Chambers stated that he liked the buildings fronting the street with
the de-emphasis on parking lots.
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Commissioner Schuster stated that the development should not create ridership
and that the train should have adequate ridership on its own merits. He stated
that the City should not force development in one direction or another.
Commissioner Kuester stated she preferred Alternatives 1 and 3 as presented by
Mr. Scheib. She stated that she agreed with the need for affordable housing
within the community. Commissioner Kuester stated that she would like to review
this site in the larger city-wide context in order to evaluate whether the site should
be all business park or if there should be some mix of uses.
Ms. McPherson reviewed the need to update the Comprehensive Plan to address
transit-oriented development and to guide this site appropriately for future
development. She stated that at a minimum, this area needs to be brought into
the urban service district in order to support higher density uses with municipal
utilities.
Chair Mesich stated that he would like to draw workers to the City, although he
felt that this area would be a good place for higher density successful residential
development. He stated that it was important to provide affordable housing that
was well-designed and that residents could be proud to live in.
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The Commission reviewed a presentation by John Peterson, Oakwood
Development and Mark Putnam, of Putnam Design. for the Eull property. Mr.
Peterson stated that his development group was under contract to purchase the
remainder of the Eull property surrounding the Northstar Corridor depot site. He
stated that the group is interested in a mixed use development (commercial,
office and residential), but would not be interested in doing an all-industrial
development.
Planning Commission Minutes
November 28. 2000
Page 8
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Mr. Putnam reviewed a schematic conceptual design for the development. The
design included commercial spaces, office spaces and a variety of residential
uses including townhomes, apartments and condominiums. The preliminary
proposal indicated maintaining the wooded buffer adjacent to the wetland,
although providing visual connection to this area for residents living within the
development.
Commissioner Chambers asked if there would be an architectural theme to this
proposal. Mr. Peterson stated that they would maintain strict architectural control
over the entire development to ensure consistency and quality.
Chair Mesich stated that he would like to see this development bring jobs to the
City of Elk River.
8. Adiournment
There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE
MEETING. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
The meeting of the Elk River Planning Commission adjourned at 10:31 p.m.
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Resp~ctfully submitted,!
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Mibhele McPherson
Director of Planning
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