03-25-2003 PC MIN
e
MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, MARCH 25, 2003
Members Present:
Vice Chair Anderson, Franz, Jenson, Lemke, Offerman and Ropp
Members Absent:
Chair Pederson
Staff Present:
Michele McPherson, Director of Planning; Scott Harlicker, Senior
Planner; Chris Leeseberg, Planner; T eny Maurer, City Engineer
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 Vice Chair Anderson.
2. Consider 3/25/03 Planning ConunissionAgenda
COMMISSIONER JENSON MOVED TO APPROVE THE MARCH 25, 2003
PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ SECONDED
THE MOTION. THE MOTION CARRIED 6-0.
e
3.1.
Consider 2/11/03 Joint Meeting Minutes with City Council and EDA
COMMISSIONER ROPP MOVED TO APPROVE THE FEBRUARY 11, 2003
JOINT MEETING MINUTES. COMMISSIONER JENSON SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
3.2. Consider 2/25/03 Planning Conunission Minutes
COMMISSIONER JENSON MOVED TO APPROVE THE FEBRUARY 25,2003,
MINUTES. COMMISSIONER OFFERMAN SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
4. Planning Commission Representative to Attend April City Council Meeting
Conunissioner Pederson will attend the April 21, 2003 City Council meeting.
5.1.
Request by Lisa Shields- Ergen for an Amendment to the Elk River Plaza PUD to allow a
Discovety Montessori School in the Elk River Plaza PUD as a Conditional Use. Public
Hearing - Case No. CU 02-04
e
Staff report by Planner Chris Leeseberg. Lisa Shields-Ergen requests a amendment to the
Elk River Plaza Planned Unit Development (PUD) to allow a Montessori School as a
Conditional Use in the multi-tenant building at 508 Freeport Avenue. The school would be
staffed by 7-8 employees with 55 students ranging in age from 33 months to 5 years old. Mr.
Leeseberg reviewed the hours of operation and parking. Staff feels that given the proposed
scheduling of arrivals/departures, parking should be adequate.
Planning Commission Minutes
March 25, 2003
Page 2
e
Vice-Chair Anderson opened the public hearing.
Commissioner Franz asked for clarification on the arrival! departure intervals. Lisa Kraljik,
representing the applicant, explained that there would be no more than 8 students arriving or
departing at a time, in 15-20 minute intervals.
Commissioner Anderson asked how the play area would be fenced. Lisa Shields-Ergen,
applicant, stated that she will be following the State of Minnesota recommendations.
Commissioner Offerman asked how the children would be supervised going to and from the
play area. Ms. Shields- Ergen explained that there are two gates to access the play area, and
that there will be a 10-1 ratio of children to adults supervising the children.
There being no further business, Vice-Chair Anderson closed the public hearing.
Commissioner Franz asked if there were any other schools of this type in a commercial area.
Mr. Leeseberg stated that the New Horizon daycare/ school is located east of Highway 169
and south of 193rd Avenue in the commercial area near the Time Out Restaurant. He stated
that this request is to amend the PUD and that a conditional use pennit for the schoolwill be
presented to the Commission at a later date.
Commissioner Anderson stated his support for the request, noting that the Elk River Plaza
PUD site has less traffic than the New Horizon site.
e
Commissioner Jenson expressed concern regarding congestion in the parking lot. He stated
that employees of the existing businesses do not park in designated parking areas. He did
not have any issues with the PUD amendment, but felt that traffic issues need to be
addressed as part of the conditional use pennit review.
Commissioner Franz asked if staff received any complaints regarding traffic at the New
Horizon location. Mr. Leeseberg stated that staff is not aware of any problems or concerns.
Commissioner Franz stated that there is a Karate school in this location as well, where
students are dropped off and picked up. He stated that if the traffic! safety concerns could
be addressed, especially with the afternoon class session, he is not opposed to the request.
COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY LISA SHIELDS-ERGEN FORAN AMENDMENT TO THE ELK
RIVER PIAZA PUD AGREEMENT TO ALLOW A MONTESSORI SCHOOL AS
A CONDITIONAL USE PERMIT, CASE NO. CU 03-04. COMMISSIONER
JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
5.2. Request by Russell and Ryan Kostreba for a Conditional Use Pennit. Public Hearing - Case
No. CD 03-05
Staff report by Scott Harlicker. Russell and Ryan Kostreba request a conditional use pennit
for a mini-storage facility on a 3.1-acre lot in the Cascade Industrial Park (159XX Jarvis
Street). He explained that the applicant is proposing 9 buildings with a total of 312 units.
No office or outdoor storage is proposed. Mr. Harlicker reviewed the building size,
construction materials, access and parking, security, landscaping and signage. Staff
recommends approval of the request with the 12 conditions listed in the staff report.
e
Planning Commission Minutes
March 25, 2003
Page 3
e
City Engineer T eny Maurer reviewed the recommendations in his memo regarding turning
radius and the storm sewer.
Commissioner Franz asked why Condition 12 regarding electrical service was included. Mr.
Harlicker explained that this condition, as well as Conditions 10 and 11 are included to
address health and safety issues associated with this type of operation. He noted that if
electrical service were available, a tenant could possibly tty to operate a business out of the
storage facility, or, use a heater which could pose a fire hazard. Mr. Harlicker noted that the
conditions are consistent with the American Planning Association's standards, as well as all
the cities that were surveyed.
Vice-Chair Anderson opened the public hearing.
Russell Kostreba, co-applicant, asked if the Commission would consider striking
Condition 8 regarding storage of cars, trucks, etc. in order to allow tenants to store classic
vehicles if the fluids were removed. The applicant explained that a tenant agreement would
be required. The agreement would be provided for the Fire Chief's approval.
Commissioner Franz stated that he would like to note, for the record, that industrial-zoned
property is designed to attract businesses which provide jobs, and that a min-storage facility
does not create jobs.
There being no further public comment, Vice-Chair Anderson closed the public hearing.
e
Commissioner Anderson asked if the Police Department had any concerns regarding
security and the proposed landscaping. Ms. McPherson stated that there were no concerns
expressed by their representative during the site plan review. She noted that there were
concerns regarding lighting and lack of fencing, but these issues have been addressed. Ms.
McPherson explained that the type of trees selected will not restrict visibility or the level of
surveillance needed.
Commissioner Jenson asked if there would be a problem for emergency vehicles to get in
and around the site, if a vehicle were parked by a storage unit. T eny Maurer stated that
there should be adequate room to maneuver, but that if a vehicle were parked there, the
owner should be nearby and could move the vehicle.
Commissioner Anderson asked if tenants would be given keys to access the locked gate into
the site. Russell Kostreba stated that each tenant will be assigned a code to access the gate
electronically and the numbers would be stored in a computer when the gate was accessed.
He noted that when a tenant terminates his/her rental, their code would be deleted.
Commissioner Offerman asked for clarification on the location of the lighting. Mr.
Kostreba explained the location of the lighting on the comers at the ends of the building and
aisle lighting.
Discussion followed regarding the hours of operation. Mr. Kostreba stated that the hours of
operation would be 6 a.m. - 10:00 p.m.
e
Planning Commission Minutes
March 25, 2003
Page 4
e
COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY RUSSELL AND RYAN KOSTREBA FORA CONDITIONAL USE
PERMIT FOR A MINI-STORAGE FACILITY, CASE NO. CU 03-05, WITH THE
FOLLOWING CONDITIONS:
e
1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED.
2. ALL DRIVE AISLES BE SIGNED ONE-WAY.
3. THE PAK LIGHTING ON THE ENDS OF THE BUILDING SHALL NOT
SHINE ONTO ADJACENT PROPERTIES.
4. THE LOCATION OF THE FREESTANDING SIGN SHALL BE SHOWN
ON THE SITE PLAN.
5. BITUMINOUS CURB SHALL BE INCLUDED AROUND THE PAVED
AREAS THAT DO NOT HAVE CONCRETE CURB/GUTTER.
6. A STREET LIGHT SHALL BE INSTALLED ALONG JARVIS STREET ON
THE SOUTH SIDE OF THE ENTRANCE PER THE POLICE
DEPARTMENT RECOMMENDATION.
7. PARKING SPACES FOR THE WALK UP UNITS SHALL BE SHOWN ON
THE SITE PLAN. THEY SHALL BE LOCATED ADJACENT TO THE
ENDS OF THE BUILDINGS. A MINIMUM OF TWO SPACES AT EACH
END SHALL BE PROVIDED.
8. STORAGE OF CARS, TRUCKS, TRAILERS, BOATS, SNOWMOBILES OR
OTHER VEHICLES WILL BE ALLOWED, PENDING APPROVAL OF THE
TENANT LEASE AGREEMENT BY THE FIRE CHIEF.
9. NO OUTDOOR STORAGE IS ALLOWED.
10. STORAGE OF HAZARDOUS OR FLAMMABLE MATERIAL IS
PROHIBITED.
11. NO ACTIVITIES SUCH AS AUCTIONS, SALES, REPAIR OR SERVICING
OF GOODS, VEHICLES, EQUIPMENT OR MATERIALS SHALL BE
CONDUCTED FROM THE SITE.
12. NO ELECTRICAL SERVICE SHALL BE PROVIDED FOR TENANTS.
13. HOURS OF OPERATION SHALL BE 6:00 A.M. -10:00 P.M.
14. "NO PARKING" SIGNS SHALL BE INSTALLED EXCEPT IN THE AREAS
DESGNATED FOR THE WALK-UP UNITS.
COMMISSIONER OFFERMAN SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
5.3. Request by James and Stephanie Zaczkowski for Preliminary Plat Approval for Kingdom
Estates, Public Hearing - Case No. P 03-02
Staff report by Chris Leeseberg. James and Stephanie Zaczkowski are requesting preliminary
plat approval for Kingdom Estates, a 7-lot subdivision on 77 acres in the Al, Agricultural
Conservation District. Mr. Leeseberg noted that two of lots contain existing homes. Mr.
Leeseberg reviewed the existing site conditions and access. He noted that based on the fact
that there is lack of information, staff recommends that the Planning Commission open the
public hearing and receive testimony from those present and continue the public hearing to
the April 22, 2003 meeting.
Vice-Chair Anderson opened the public hearing.
e
Jim Brown, Dynamics Design & Land Co., representing the property owners,
explained that the delay in providing information to staff is due to the following: After
Planning Commission Minutes
March 25, 2003
Page 5
e
meeting with representatives of Sherburne Connty Highway Department, family members of
the applicants have added their 10 acres to the east to the plat. By doing this, they are able
to eliminate two accesses and have only one. This access will service the new lots as well as
the two existing homes. He noted that the wedand delineation is still being completed, and
has not been reviewed by the Technical Evaluation Panel.
Andrea Eggert, 20897 Quincy Street, asked where the access would be located. Mr.
Leeseberg explained that the driveways for the two existing homes would be closed and a
new access would be located between the two. Ms. Eggert asked how the City decides when
there is enough development to warrant bringing in city sewer and water. City Engineer
T eny Maurer stated that it would not be physically possible to bring sewer and water to this
area, since the existing system does not have the capacity to handle this area. Chris noted
that the existing zoning only allows 4 lots per 40 acres.
Dennis T oth, property owner to the west, expressed concern that drainage would go onto
his property. He also questioned whether or not the road would be gated or fenced next to
his property. T eny Maurer stated that he could go over the plans with Mr. T oth when he
has had a chance to review them.
COMMISSIONER JENSON MOVED TO CONTINUE THE PUBLIC HEARING
FOR THE REQUEST BY JAMES AND STEPHANIE ZACZKOWSKI FOR
PRELIMINARY PIAT APPROVAL OF KINGOOM ESTATES, CASE NO. P 03-
02, TO THE APRIL 22, 2003 PlANNING COMMISSION MEETING.
COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
e
5.3.
Request by John Oliver and Associates for a Registered Land Survey for Lot 8. Block 2 Fox
Haven
Staff report by Director of Planning Michele McPherson. The applicant requests approval
of a Registered Land Survey for Lot 8, Block 2 of Fox Haven in order to provide correction
to a lot line and tide to property. Staff recommends approval of the request as presented.
T eny Maurer noted that he would like to withdraw the comment in his letter regarding
easements, since the property owner has agreed to grant an additional 10 feet of easement.
Vice-Chair Anderson opened the public hearing.
Lynn Caswell, representing the applicant, stated that if the property was not Torrens, a
simple lot line adjustment could have been done.
There being no further public comment, Vice-Chair Anderson closed the public hearing.
COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE
REGISTERED lAND SURVEY FOR LOT 8 BLOCK 2 OF FOX HAVEN, CASE
NO. P 03-01. COMMISSIONER JENSON SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
5.4. Request by the City of Elk River to Rezone Certain Property from R1e. Single Family
Residential to R1c. Single Family Residential. Public Hearing - Case No. ZC 03-02
e
Planning Commission Minutes
March 25, 2003
Page 6
e
Staff report by Michele McPherson. The City of Elk River requests rezoning of certain
properties in the City from R1e to R1c in order to provide consistency between the Zoning
Map and City Code. Ms. McPherson explained that during the recodification process, the
Planning Commission discussed combining one or two of the single family zoning districts.
As a result, the R1e district standards were removed from the Zoning Gode.
Vice-Chair Anderson opened the public. There being no public comm~nt, Vice-Chair
Anderson closed the public hearing.
Commissioner Franz stated that he was uncomfortable removing the R~e District, since it
was his understanding that the district was created to preserve trees and wetlands. He stated
that he would like to know the history for establishing the R1e zoning.
Commissioner Anderson stated that he felt is was important for the Planning Commission
and the Task Force to look at this issue. He stated that he would like more background
information. Ms. McPherson stated that the issue could be discussed at the next workshop
session. Commission Anderson stated that he supported staff's desire 110 bring the zoning
into compliance with the land use map. .
Commissioner Jenson stated that he also would like to know the history of the R1e zoning
district. He stated that he would like to see the R1e zoning district remllin on the map, and
felt that there was a specific reason the zoning was created.
Commissioner Anderson stated that he felt there are areas where 20,000 square foot lots are
appropriate in the City.
e
COMMISSIONER JENSON MOVED TO TABLE THE REQUEST BY THE
CITY OF ELK RIVER TO REZONE CERTAIN PROPERTIES FROM RIE
SINGLE FAMILY RESIDENTIAL, TO RIC SINGLE FAMILYiRESIDENTIAL,
CASE NO. ZC 03-02. COMMISSIONER ROPP SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
6.
Other Business
6.1. Update on March 17.2003 City Council Meeting
Commissioner Lemke provided an update on the March 17, 2003 City Council
meeting.
8. Adiournment
There being no further business, COMMISSIONER JENSON MOVED TO
ADJOURN THE MEETING. COMMISSIONER LEMKE SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 8:00 p.m.
Respectfully submitted,
IJ~~
e
Debbie Huebner
Recording Secretary