05-25-2021 PC MIN '>.4*
Cay of
Elk Meeting of the
River Elk River Planning Commission
Held at Elk River City Hall
Tuesday, May 25, 2021
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise,Alexander
Feinstein, Eric Johnson,John Jordan, Craig Keisling, and Robert
Rydberg
Members Absent: None
Also Present: Councilmember/Liaison Mike Beyer
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and
Sr. Admin. Assistant/Recording Secretary Jennifer Green
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 6:30 p.m. by Chair Larson-Vito.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider May 25, 2021, Planning Commission Agenda
Moved by Commissioner Rydberg and seconded by Commissioner Beise to
approve the May 25, 2021, Planning Commission agenda.
Motion carried 7-0.
4. Consider April 27, 2021, Planning Commission Minutes
Moved by Commissioner Feinstein and seconded by Commissioner Johnson
to approve the April 27,2021, Planning Commission minutes.
Motion carried 6-0 with Commissioner Beise abstaining.
5.1 Private Kennel — 18857 Albany St. NW
■ Conditional Use Permit, Case No. CU 21-07
Mr. Leeseberg presented the staff report. He distributed two handouts he received
�� earlier in the day from neighbors of the applicant opposing the approval of the
private kennel CUP.
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May 25,2021
Chair Larson-Vito opened the public hearing.
Stephanie Hughes, 18869 Albany St. NW,read the letter she had submitted and
was distributed at the meeting, opposing the CUP request.
Chair Larson-Vito asked Ms. Hughes to provide more information regarding the
dogs escaping.
Ms. Hughes stated she saw the dogs escape out the front door on a couple occasions
and on several occasions the dogs had dug and crawled under the fence at a section
that was not secure. She stated the fence has since been secured.
Terry Hight—spoke on behalf of her mom, Delores Melton, 12838 188th Ave. NW,
who lives down the street. Her mom was concerned if this will create additional
noise in their quiet neighborhood and if they will hear more dog barking. She did not
want more noise created and additional police reports.
Chair Larson-Vito clarified the dogs will not be housed in a kennel structure outside
and the permit would only allow the applicant to continue keeping the number of
dogs they currently have.
Applicant's wife spoke and stated she was never told her son was seen punching
her dogs and why the dogs are aggressive. She explained the issues with her dogs are
being raised because of animosity between her and her neighbors. She stated she is
not adding any additional dogs other than the 5 she currently has and is not \—.
interested in adding any more animals. She stated they will not be outside for longer
than 5 minutes. She said they have no cats or any other animals.They have been here
for 2 years. She stated they have done what they can to keep the dogs secured. She
apologized for the mistakes that happened and has learned from them.
Chair Larson-Vito questioned why the police in 2019 requested she apply for a
private kennel license.
The applicant's wife stated the police were concerned for her safety and decided
against her proceeding with a public hearing in 2019.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Commissioner Rydberg stated this property is .21 acre in size which means a very
small property for the number of animals being requested. He wondered if they
needed to review the ordinance and adjust it to require a minimum lot size for a
certain number of animals. He explained there are 5 houses backing up to this
property and had concerns with other properties requesting a similar permit.
Chair Larson-Vito agreed, stating she lives nearby and drove through this
neighborhood and noticed it was crowded. She stated it was a significant number of
animals to have on a property that size regardless of breed or temperament.
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Commissioner Jordan asked if there were additional police reports.
Mr. Leeseberg stated what was included in the packet is what he received from the
police department.
Commissioner Jordan asked if there is a privacy fence enclosing the back yard.
Mr. Leeseberg stated there was.
Commissioner Jordan expressed concerns with the CUP staying with the property,
He asked if there is a process to remove the permit if the conditions are not being
met.
Mr. Leeseberg stated the only mechanism to revoke a CUP is if the applicant does
not follow the outlined conditions in the CUP.
Commissioner Jordan stated his concerns are for the property's small size and the
ability to keep the neighborhood out of turmoil. He stated he does not like the idea
of having to send city staff out to take care of these matters and felt this was setting
the city up for failure.
Commissioner Beise stated he tended to agree and wondered what would happen if
they allowed neighboring homes to also keep 10 animal units. He felt it would be
creating a problem for city staff and the lots in this neighborhood are too small to
house so many animals.
Chair Larson-Vito stated she did not believe the proposed conditions would support
the CUP. She felt in her opinion that this request does not meet the criteria for
applicable regulation #1: Will not endanger, injure or detrimentally affect the use and enjoyment
of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or
general welfare of the neighborhood or the dty.
Moved by Commissioner Jordan and seconded by Commissioner Rydberg to
recommend denial of the request for a Conditional Use Permit CU 21-07 for a
private kennel at 18857 Albany St. NW on the basis it does not meet the
criteria for applicable regulation#1: Will not endanger,injure or detrimentally
affect the use and enjoyment of other property in the immediate vicinity or the
public health, safety, morals, comfort, convenience or general welfare of the
neighborhood or the city.
Motion carried 7-0.
5.2 Providence S&S LLC and Shawn Logan, 13275 207th Ave. NW & 75-
1 17-3100
■ Preliminary Plat of Majestic Oaks, Case No. P 21-04
Mr. Leeseberg presented the staff report.
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Chair Larson-Vito opened the public hearing.
Mitch Weege, 20918 Fresno St. NW, stated his concerns with causing oak wilt
while clearing the trees for the development and wondered about code or statutes
regulating the time of year to remove oaks. He stated in the past, the county has
done trenching to prevent disease.
Mr. Leeseberg stated there are no city codes regulating when trees can be removed
nor a tree preservation plan.
Steve Rohlf, the applicant, 19821 188th Ave. NW, stated he is the developer and has
a degree in forestry, having been a tree inspector trained in oak wilt and Dutch elm
diseases. He stated avoiding mechanical damage to the oaks during mid-May to mid-
June will help with preventing oak wilt and stated they will probably start work in
July. He stated red oaks are more susceptible than white. He stated they will do what
they can to avoid mechanically damaging trees. Mr. Rohlf explained how he worked
with property owner Robb Gass, south and east of this property, to shift the right-
of-way to allow him to access his property. He also explained how one of the lots
will require a temporary construction easement on an adjoining parcel to allow for
proper grading.
Commissioner Jordan asked Mr. Rohlf questions about Lot 6 and its size and shape.
Mr. Rohlf explained it had to do with lot size, having to keeps lots at the minimum
of 2.5 acres, and he has learned one of the neighbors wants to buy that parcel ��
because it is adjacent to their property.
Mr. Weege asked if there would be curb and gutter in this development, stating
Fresno Street,which ends at the north part of this proposed development, has
curbing and asked how this would transition from one development to the next. He
also asked about the hill adjoining his property and how this would be changed to
marry the two developments.
Mr. Leeseberg stated it will not have curb and gutter and will have a rural section. He
stated one of the conditions of this proposed development is removing the wings of
the cul-de-sac and transition the continuation of the road through the new
development.
Mr. Rohlf stated he will try to leave as much of the hill as he can, but there will be a
bit of a canyon through there.
There being no one else to speak,Chair Larson-Vito closed the public hearing.
Commissioner Rydberg asked why this development was not requiring curb and
gutter.
Mr. Leeseberg stated the direction staff has received from public works and
engineering staff has been in the R1-a zoning district in these larger lots is to get
away from curb and gutter and allowing the rural road sections to control water into \''
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ditches instead of adding cost with curb and gutter. He noted curb and gutter is
required in urban service districts but in the rural areas it makes sense to use ditches
the area already in place to control water.
Mr. Rohlf stated the curb Commissioner Rydberg is referring to is bituminous,which
tends to bust off when snowplowing. He stated the rural way to go is with a ditch.
Commissioner Jordan asked how wide the road will be.
Mr. Leeseberg stated the road would be 32 feet wide.
Commissioner Rydberg asked if the utilities were going to be buried in the same
right-of-way.
Mr. Rohlf stated the utilities would be buried in the right-of-way.
Moved by Commissioner Seise and seconded by Commissioner Jordan to
recommend approval of the request by Providence S&S LLC and Shawn
Logan for the Preliminary Plat of Majestic Oaks with the following condition:
1. All comments on the Comment Letter dated April 7, 2021, shall be
addressed.
Motion carried 7-0.
5.3 Rebound LLC — 809 Jackson Ave. NW
■ Conditional Use Permit for Religious Institution, Case No. CU 21-I I
•
Mr. Leeseberg presented the staff report. He distributed a handout provided by the
applicant outlining the uses of the building by Rise Up MN, a Minnesota 501c3 and
faith-based organization.
Commissioner Rydberg wanted to understand the ownership of the property and
building,would they be leasing it or is it owned by the church.
Chair Larson-Vito opened the public hearing.
Ken Beaudry, the applicant, stated the church will own the building and explained
there is a non-profit board in place for Rise Up MN,who will own the facility and
allow groups to use it. He explained that because youth are hurting right now more
than ever,it was important to have a partnership between the school district, the city,
and the church to offer services to youth. He stated they are still working on a model
and for a nominal fee different non-profit organizations will be offered to utilize the
facility. He ended by stating there was no limit to what they can do if the community
gets involved.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
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Commissioner Rydberg stated this was an interesting project for this site and liked it
was near the schools.
Chair Larson-Vito asked if the proposed non-profit uses fall into the category of
religious uses.
Mr. Leeseberg stated they did not, but they fall under the office portion,which is a
wider window of uses.
Mr. Beaudry stated their services will be both faith-based and non-faith-based.
Commissioner Jordan asked if there will be a commercial kitchen in the building.
Mr. Beaudry stated the board decided against including a commercial kitchen due to
increased requirements from the state. He stated the building will allow people to be
fed but not include a cooking kitchen.
Moved by Commissioner Jordan and seconded by Commissioner Rydberg to
recommend approval of the request by Rebound LLC for a Conditional Use
Permit for a religious institution located at 809 Jackson Ave. NW with the
following conditions to satisfy the standards set forth in Section 30-654:
1. A cross access/parking easement agreement,with the property to the
south (Lot 2, Block 1, Rise Up Addition), shall be recorded at the
county.
2. The five existing evergreen trees located in the northeast corner of the
property shall be removed.
3. The retaining wall along the north side of the lot shall be removed up
to the existing power pole and telephone and grades tied in.
Motion carried 7-0.
5.4 First Step Preschool, 413 Proctor Ave. NW
• Conditional Use Permit for an Educational Use
• Resolution 21-01 Approving Sale of Public Property
Mr. Carlton presented the staff report. He noted the exterior fencing and layout has
been adjusted by the applicant to meet the standard and therefore, the listed
condition regarding fencing may be removed.
Chair Larson-Vito opened the public hearing.
Lisa Egan, 19376 Carson Circle,is the owner of First Step Preschool,which has
been based in Elk River for the past 40 years. She asked if the CUP guidelines will
ever change in the future because she is making an investment in this building.
Chair Larson-Vito stated because they can remove the fencing condition, there are
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no conditions to follow if the use continues to meet the five criteria outlined in the
staff report.
Mr. Carlton stated the CUP continues with the property until she makes a change to
the property.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Johnson and seconded by Commissioner Feinstein
to recommend approval of the request by First Step Preschool for an
Educational Use at 413 Proctor Ave. NW as
the standards set forth in Section 30-654 are satisfied:.
1. th
Motion carried 7-0.
Moved by Commissioner Feinstein and seconded by Commissioner Rydberg
to approve Resolution 21-02 finding the sale of Pinewood Golf Course to be
consistent with the Elk River Comprehensive Plan.
Motion carried 7-0.
5.5 West Oaks LLC/Heritage Maples Senior Living LLC
• Conditional Use Permit to Establish a Planned Unit Development, Case No.
CU 21-10
• Preliminary Plat— Broadway on 10, Case No. P 21-05
Mr. Carlton presented the staff report.
Chair Larson-Vito asked about the three proof of parking areas, and would they have
to meet those to meet the parking requirements.
Mr. Carlton stated he did not measure it out but felt that with the three spots
available the opportunity could be there to meet the requirement.
Chair Larson-Vito opened the public hearing.
Daniel Leistico—18627 144`'' St. NW, asked about the timing for the project,if
there would be some type of buffer between the apartments and the lots to the west,
and asked for clarification about the proposed traffic pattern, as he was not in favor
of the traffic pattern showing vehicles traveling in front of his house.
Mr. Carlton stated the developer can answer his question about project timing. He
stated the submitted landscaping plan shows a row of trees and shrubs between the
apartments and the lots to the west, so there would be a partial screen but not a
berm. He explained the traffic pattens include travel through the West Oaks
neighborhood providing two connection points.
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Mr. Leistico stated he would prefer traffic not be routed through the housing
development to the west.
Jim Berg— 14364 186`h Ln. NW,West Oaks, stated he was not opposed to the
development but was baffled by the proposed traffic routes, stating it was
detrimental to the properties in the immediate vicinity and does not meet Applicable
Regulation #1, outlining the busy activity already occurring in his neighborhood. He
expressed safety concerns with proposing traffic speeding through neighborhoods
and suggested as an alternative option to complete the extension of Business Center
Drive past the Beehive. He also expressed safety concerns with traffic entering
Highway 10. He asked the Planning Commission to recommend denial of the
applications until the traffic flow issues are addressed.
Mr. Carlton clarified there was no current plan to acquire right-of-way along 18454
Waco St. NW to extend the roadway east from the Beehive to Waco Street, as
indicated by a yellow line on his graphic.
Dolores Kratzke, 14343 184th Ct. NW,West Oaks,had concerns about preserving
the wetland areas and the proposed plantings in the buffer area of the wetland.
Mr. Carlton showed Ms. Kratzke the only area of the wetland area that would be
disturbed in the hashed area which would be for the right-of-way and sidewalk.
Everything else will remain, and trees will be planted in the buffer adjacent to
wetland area.
Todd Olin, Landform Professional Services on behalf of Broadway on 10,noted the
developers were also available to answer questions. He explained when reviewing
these plans, they noted a development such as this will generate traffic, but this was
master planned back when the PUD was first established in and prior to when the
West Oaks townhomes were constructed. He noted as the land is being developed in
this area, traffic patterns are being established, and this development is one more
step in these patterns. He stated the next significant step is the connection to the
west, to US Highway 10,which has improved crossover features that include
stacking lanes, turn lanes, and acceleration lanes. He stated in this proposal,most of
cars will be going directly to Highway 10, taking the past of least resistance,whereas
traveling through a development will be slower and less direct.The developers are
paying for and improving roads to make the connection to the west, making road
improvements, as well as making the connection to the west (labeled Service Drive).
He noted if a traffic study is needed, they will provide on as a contingency of
approval for this motion tonight and present it to the city council. He noted the
timing of the project would begin this year and get as much done this winter with a
spring opening.
Mr. Carlton clarified that construction traffic will be using the MnDOT access road.
Mr. Lundy stated yes, construction traffic will only be using Highway 10 during
construction.
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�� Tom Hetland, 18427 Xerxes St. NW in West Oaks, expressed his concerns with
traffic using Yankton and 183`d noting he felt it was already dangerous and not using
the stop sign. He stated he has no problem with the development but felt the
extension to Business Center Drive needs to happen and it is the key to making this
a safer area.
Mike Martin, 18465 Yankton St. NW, expressed his concerns with entering onto
US Highway 10 and the speed of traffic. He requested the extension be installed to
force people to use the light at Waco.
Bill Popejoy, 14392 184th St. NW, stated concerns with the impact on businesses on
east half of Waco and the traffic leaving work at 4:30 p.m.
Mr.Leistico stated there was no acceleration lane on US Highway 10 to go west.
Richard Campion, 18413 Yankton St. NW, and stated as a retired police officer he
spoke with knowledge about speed and traffic accidents, stating there will be
fatalities, especially with 112 units.
Debra Korinek, 18489 Yankton St. NW, expressed concerns with traffic. She also
stated she appreciates the woods and beauty of the area and asked questions about
the trees would be removed and asked questions about landscaping.
�--., Mr. Carlton explained there will be some removal of trees but stated about 45-50 feet
will be left untouched because they are in a wetland, as well as any trees or items
currently on property owned by the homeowner's association.
Jean Steck (Daily), 18429 Xerxes St. NW, expressed concerns with witnessing
numerous vehicles currently going through the stop sign on her corner as well as
truck trailers going through the development to the Beehive. She stated her concerns
about traffic on Highway 10 and the condition of their current streets.
Denny Chuba, 10451 175th Ave. NW, stated he is the developer and applicant as
well as owner of the Beehive. He stated this location was proposed 15 years ago to
be a townhome development. He stated the "yellow line" connecting to Waco Street
was formerly Waco Street and the right of way was unfortunately abandoned 20
years ago when the roadway was realigned. He stated he has always been in favor of
having a controlled access to his proposed development and felt now is the time for
the city to rectify this, understanding it will not be easy but will need to happen.
There being no one else to speak, Chair Larson-Vito closed the public hearing.
Chair Larson-Vito stated she could identify with the traffic concerns because she
used to live in that area and there was concerns back then. She noted Commissioner
Jordan currently lives in the neighborhood.
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Commissioner Jordan asked if staff were aware of the cost to finish the connection
road to Business Center Drive and would the city ever consider paying to put the
extension in.
Mr. Carlton stated he is not currently able to provide a timeline or cost of the road
extension, but it is something the city could work on with the affected property
owner to determine land acquisition and construction costs. He noted it ultimately
depends on the willingness of the property owner. He stated he will attempt to have
this information and a rough timeline for construction available for the June 7 city
council meeting.
Commissioner Jordan stated he cannot see recommending approval of this without
that piece being in place. He also requested a traffic study be completed before
approval of this development. His recommendation will be to table the application
pending a traffic study be completed. He also wants cost and participation
information in the road extension. He discussed areas that concerned him with this
development including neighborhood safety with current traffic flow. He asked if
there was a way to require with consequences if this were to be built that no
construction traffic go down Xerxes and Yankton.
Mr. Carlton stated there was no way to ensure or enforce a contract that does not
allow construction traffic to travel through the city streets in the current
neighborhoods.
Commissioner Jordan stated their current streets are falling apart and will get worse
with construction traffic. He noted there are many children living in these
neighborhoods as well as seniors and adding construction traffic is asking for
trouble. He expressed concerns with enough parking also. He commented the
townhouse elevations look dated.
Commissioner Rydberg agreed with Commissioner Jordan's comments and stated
his concerns regarding vehicles accessing Highway 10 and how those accesses scare
him with vehicles pulling out trying to get up to speed. He felt the streets are not
designed to take the kind of traffic that is being proposed. He felt the way this was
designed was setting themselves up for tragedies and would not be in support of this
application as proposed.
Commissioner Johnson asked questions about the direction for this property. He
asked what a traffic study entails.
Mr. Carlton stated the existing Comprehensive Plan adopted in 2014 guided this area
for high density uses. The area had previously been zoned and ghost platted as a
PUD 15 years ago. Mr. Carlton stated the traffic study would identify potential
impacts,predictive patterns, time of day, traffic loads, and he would get input from
the public works director on the range and scope of the study.
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�� Chair Larson-Vito asked if the study would include safety information. She stated
she was personally interested in statistics of the number of accidents on the non-
controlled access on Highway 10.
Mr. Carlton stated he was not sure if the study would include safety information.
Commissioner Jordan asked if the study would include data from Big Lake
Township.
Mr. Carlton stated they would work with MnDOT to determine and get the data.
Commissioner Beise stated he agrees with all the comments and concerns about
loading up the intersection to Highway 10 with more traffic especially seniors who
lose their ability to judge distances but did like the design of the project but until the
road extension is in place would not support it as proposed.
Commissioner Johnson agreed with Commissioner Beise and stated he also likes the
design of the project.
Commissioner Johnson stated he was not comfortable making a recommendation to
the city council until some of these road connection and traffic study answers are
revealed.
�-..„ Commissioner Rydberg stated he appreciated the developers are open to allowing
the city to review traffic and safety concerns,but the broader problem is if this road
extension would go through.
Commissioner Jordan felt this was a city problem and not a developer problem. He
asked if staff had received any comments from Big Lake Township.
Mr. Carlton stated he had not received any comments from the township.
Commissioner Jordan asked about the proposed rents of the apartments.
Someone from the audience commented mid-level rents with a community room.
Moved by Commissioner Johnson and seconded by Commissioner Rydberg
to table the request by West Oaks LLC/Heritage Maples Senior Living LLC
for a Conditional Use Permit to Establish a Planned Unit Development until
the June 22, 2021, Planning Commission meeting to allow for staff to obtain a
traffic study and to obtain information regarding the purchase of right-of-way
to allow for the extension of Waco Street to Business Center Drive.
Motion carried 7-0.
6.I Resolution Approving Sale of Pinewood
Mr. Carlton presented the staff report.
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Moved by Commissioner Johnson and seconded by Commissioner Beise to
approve Resolution 21-02 finding the sale of Pinewood Golf Course to be
consistent with the Elk River Comprehensive Plan.
Motion carried 7-0.
6.2 Resolution Approving Transfer of Public Property
Mr. Carlton presented the staff report.
Moved by Commissioner Beise and seconded by Commissioner Feinstein to
approve Resolution 21-03 finding the transfer of property to Elk River
Municipal Utilities for continued use as a Government Facility is consistent
with the Comprehensive Plan.
Motion carried 7-0.
7. Council Liaison Update
Councilmember Beyer provided an update to the Planning Commission about recent
city council activities.
The Planning Commission recessed into work session and reconvened at 8:33 pm.
8.1 Concept Review: Minnesota Municipal Power Agency
■ Zoning and Land Use Amendment
Mr. Carlton presented the staff report. The commission discussed the proposed
request to an I-3 use and the desirable and undesirable uses. Stephanie Falkers,
Senior Associate Planner for SRF and Jim Richardson, Director of Energy
Marketing for MMPA, provided a PowerPoint presentation outlining their proposal
of rezoning the property to I-3 to allow a variety of use that would be a desired
industrial/job creator.
It was the consensus of the Planning Commission that there was general support for
lower industrial and high energy use activities and support a variety of intense
industrial uses in the I-3 district, either by ordinance amendment or creation of an
overlay district. CPAC members will be meeting in two weeks to discuss the
Comprehensive Plan update and will specifically address this area in further detail.
9. Adjournment
The meeting was adjourned at 9:08 p.m.
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Minutes pre red by Jennifer Green.
Tina Allard
City Clerk
J. arson-Vito
Planning Commission Chair
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