05-27-1997 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, MAY 27,1997
Members Present:
Commissioners Cote, Kuester, Mesich, Minton,
and Thompson
Members Absent:
Chair Anderson, Commissioner Sullivan
Staff Present:
Steven B. Ach, City Planner; Terry Maurer, City Engineer; Scott
Harlicker, Planning Assistant; Debbie Kleckner, Recording
Secretary
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 6:40 p.m. by Commissioner Thompson.
1.0.
AODointActina Chair
COMMISSIONER MINTON MOVED TO APPOINT COMMISSIONER THOMPSON ACTING
CHAIRPERSON. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION
CARRIED 4-0-1. COMMISSIONER THOMPSON ABSTAINED.
COMMISSIONER MINTON MOVED TO APPROVE THE MAY 27, 1997 PLANNING
COMMISSION AGENDA WITH THE FOLLOWING AMENDMENT:
6.3. REPORT ON APA CONFERENCE BY COMMISSIONER KUESTER
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COMMISSIONER KUESTER MOVED TO AMEND THE APRIL 22,1997 MINUTES AS
FOLLOWS:
- PAGE 1, ITEM 5.1. - REFERENCE TO COUNTY ROAD 35 SHOULD READ "COUNTY
ROAD 30"
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4. . .Planninq Commission Reoresentative to Attend 6/16/97 City Council Me.eting
Commissioner Mesich will attend the June 16, 1997 City Council Meeting.
Planning Commission Minutes
May 27,1997
Page 2
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Staff report by Scott Harlicker. Camas, Minnesota/Shiely Masonry has requested a
conditional use permit for the construction of a masonry block manufacturing
plant. Scott presented information on unresolved issues as follows:
. County Road 33 issues - Sherburne County is currently in the design process for
improvements to County Road 33 which will address: (1) adding a right turn
lane, (2) lowering the vertical curve and (3) future elevation of County Road
33. Scott referred to the letter from the county dated May 2, 1997, indicating
the access permit for Camas' second access is contingent upon obtaining
safe sight distance. It is unknown at this time whether or not a right turn lane
will be constructed at County Road 33 and Highway 169. Construct of
improvements to County Road 33 are expected to begin in September or
October of this year.
. Phasina of blacktoooing - Scott referred to an exhibit detailing the phasing
plan proposed by Camas. Phase 1 for blacktop and curbing would depend
on completion of the county improvements and is proposed to be completed
July 1, 1998. Phase 2 would be completed July 1, 1999, and Phase 3 July 1,
2000.
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Terry Sossong of Camas indicated the bins for decorative aggregate will be
relocated toward the back of the property next to the covered storage. Mr.
Sossong further explained the traffic flow on the site.
Chair Thompson opened the public hearing. There being no comments from the
public, Chair Thompson closed the public hearing.
COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY CAMAS, MINNESOTA/SHIELY MASONRY FOR A
CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-8, BASED ON STAFF'S
RECOMMENDATION, WITH THE FOLLOWING CONDITIONS:
1. SITE IMPROVEMENTS SHALL BE COMPLETED IN 3 PHASES AS SHOWN ON THE
PHASING PLAN. PHASE ONE SHALL BE COMPLETED BY JULY 1, 1998, PHASE 2
BY JULY 1, 1999 AND PHASE 3 BY JULY 1,2000.
2. LANDSCAPING WILL BE COMPLETED AS PART OF PHASE 1.
3. PER SHERBURNE COUNTY RECOMMENDATION, RIGHT TURN LANES SHALL BE
PROVIDED AT THE PROPOSED AND EXISTING DRIVEWAYS UNLESS MODIFIED
BY THE REDESIGN OF COUNTY ROAD 33.
4. THE EXTERIOR OF THE PROPOSED EXPANSION OF THE EXISTING BUILDING
AND THE PROPOSED NEW BLOCK PRODUCTION BUILDING WILL MATCH THE
EXTERIOR OF THE EXISTING BUILDING.
5.
THE EAST ENTRANCE BE PAVED AND PROVIDED WITH CURB AND GUTTER. THE
CURB AND GUTTER SHOULD BE CONTINUED BACK TO A LINE THAT IS
PARALLEL TO THE FRONT OF THE EXISTING BUILDING AND INCLUDE THE
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Planning Commission Minutes
May 27,1997
Page 3
CONNECTION WITH THE PLAISTED FACILITY. THE PAVING SHOULD BE
EXTENDED SO THAT IT CONNECTS WITH THE PAVED AREA CURRENTLY USED AS
EMPLOYEE PARKING AND INCLUDE THE AREA AROUND THE AGGREGATE
BINS IN THE SOUTHEAST CORNER OF THE SITE.
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THE WEST ENTRANCE SHALL BE PAVED INCLUDING DRIVE AISLES TO THE
AGGREGATE BINS. CURB AND GUTTER SHALL BE CONTINUED FROM COUNTY
ROAD 33 BACK TO THE BEGINNING OF THE CURVE.
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EXACT LOCATION OF THE SECOND ACCESS WILL BE VERIFIED AND
APPROVED BY SHERBURNE COUNTY HIGHWAY DEPARTMENT.
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A SITE PLAN WILL NEED TO BE SUBMITTED ILLUSTRATING THE NECESSARY
IMPROVEMENTS FOR STAFF REVIEW AND APPROVAL.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Steve Ach indicated Pinnacle Foods, L.P. is requesting a conditional use permit to
amend the Elk River Retail Center Planned Unit Development Agreement to install
a 70 foot high structure.
Chair Thompson opened the public hearing. There being no comments from the
public, Chair Thompson closed the public hearing.
Commissioner Cote asked if research had been done to verify if other
communities have not allowed Perkins to have a 70 foot flagpole. Steve Ach
indicated he was aware other cities have not allowed the 70 foot structure.
Commissioner Minton indicated he opposed the request because the proposed
structure was in close proximity to a residential neighborhood. Commissioner
Mesich indicated he did not feel there was significant opposition to the request
since no residents spoke against the issue during the public hearing.
COMMISSIONER MINTON MOVED TO RECOMMEND DENIAL OF THE REQUEST BY
PINNACLE FOODS, L.P. FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT,
PUBLIC HEARING CASE NO. CU 97-13. COMMISSIONER COTE SECONDED THE
MOTION. THE MOTION CARRIED 3-2. COMMISSIONERS MESICH AND KUESTER
OPPOSED.
Staff report by Scott Harlicker. Larry Morrell has requested a rezoning, conditional
use permit and preliminary plat approval for property located in the southwest
corner of 17151 Avenue and the railroad tracks in order to relocate his trucking
Planning Commission Minutes
May 27,1997
Page 4
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facility. Morrell Transfer is proposing to construct a 50,690 square foot trucking
facility on the 23.5 acre site. The applicant is requesting that the city consider
selling city property located on the south side of 171 sl Avenue so they can
develop their site plan as proposed. Also an ownership issue needs to be resolved
regarding a strip of property along the railroad tracks used by Cargill to access
their property to the east. Wetland mitigation is currently being reviewed by
other agencies and comments are due back June 6th. The applicant will be
required to sign a waiver of their right to object to assessments in order for the city
to allow this development to occur prior to the availability of water and sewer.
Parking, driveway access, fencing, trash enclosure, building elevation and
outdoor storage issues were reviewed. Staff requests that the outdoor storage
area be formally delineated and either paved or surfaced with Class 5. Staff also
recommends the wetland area be fenced to prevent debris from entering the
wetland.
Grady Kinghorn of Christian Kinghorn Contractors, contractor for the proposed
project, requested a 40 foot access in order to provide better flow of truck traffic
entering and leaving the site simultaneously. They are unsure where the septic
system will be located which will affect placement of the entrance and fencing.
Mr. Kinghorn indicated the storage area will be fenced and surfaced with a
minimum of Class 5, or possibly a crushed concrete. He noted Cargill has agreed
to vacate their easement on the property and the necessary documents are
being prepared.
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Commissioner Minton questioned how Cargill will access the property if the
easement is vacated. Mr. Kingman indicated the access is only used three times
a year and Cargill has indicated they prefer to use their field roads from the east,
rather than this access which comes out on 171st.
Discussion followed regarding the fencing, curbing around the pond area,
parking along the tree line and access width.
Terry Maurer indicated his recommendation for a 36 foot driveway was based on
consistency with a previous application by LeFebvre Trucking in which a 36 foot
driveway was approved. He indicated his recommendation for catch basins and
appropriate size pipe piping should help reduce runoff and erosion problems.
Chair Thompson opened the public hearing. There being no comments from the
public, Chair Thompson closed the public hearing.
Commissioner Minton expressed concern regarding truck traffic. Terry indicated
there is an appropriate right turn lane which could be used as an acceleration
lane, and the left turn lane from eastbound Highway 10 is an appropriate length
for truck traffic. Terry added there will not be a signal at the 171 sl and Highway 10
location until MN/DOT deems it necessary. Commissioner Minton expressed his
concern for rezoning to PUD in order to allow development to occur without
hookup to water and sewer.
Discussion followed regarding the Cargill easement. Terry Maurer recommended
the railroad crossing be removed prior to development of the site.
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Planning Commission Minutes
May 27,1997
Page 5
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COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
LARRY MORRELL FOR REZONING FROM 1-1 TO PUD, PUBLIC HEARING CASE NO. ZC
97-2, BASED ON THE FOLLOWING FINDINGS:
1. THE REZONING AND PROPOSED DEVELOPMENT IS CONSISTENT WITH THE
COMPREHENSIVE PLAN TO ESTABLISH AN INDUSTRIAL CORRIDOR ALONG
171 ST AND THE NEW NORTH/SOUTH CORRIDOR.
2. THE REZONING WILL ALLOW MORRELL TRANSFER TO MOVE THEIR
OPERATIONS FROM THEIR CURRENT SITE AT THE CORNER OF JACKSON
AVENUE AND SCHOOL STREET WHICH POSES A HEALTH AND SAFETY ISSUE.
3. THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC DEVELOPMENT
STRATEGY TO PROMOTE BUSINESS RETENTION WITHIN THE COMMUNITY.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
LARRY MORRELL FOR PRELIMINARY PLAT, PUBLIC HEARING CASE NO. P 97-1dJ, WITH
THE FOLLOWING CONDITIONS:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF APPROVAL.
A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND
EXECUTED.
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
THE BOUNDARIES OF THE PLAT BE REVISED TO SHOW THE PROPERTY OWNED
BY THE APPLICANT.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE
PLAT AS REQUIRED BY THE CITY.
THE UPA POWER LINE EASEMENT BE SHOWN ON THE PLAT.
ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
LARRY MORRELL FOR A CONDITIONAL USE PERMIT, BASED ON THE INFORMATION IN
THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC
HEARING, WITH THE FOLLOWING CONDITIONS:
1.
ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED MAY 21, 1997 BE
ADDRESSED.
Planning Commission Minutes
May 27,1997
Page 6
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THE WETLAND MITIGATION BE APPROVED AND WETLAND PERMITS
APPROVED.
3. THE MAXIMUM WIDTH ALLOWED FOR A DRIVEWAY IS 40 FEET.
4. THE PARKING AREA ON THE EAST SIDE OF THE ENTRANCE WILL HAVE TO BE
REVISED SO THAT IT IS ENTIRELY ON PROPERTY OWNED BY THE APPLICANT
AND COMPLIES WITH THE REQUIRED 10 FOOT SETBACK FROM THE PROPERTY
LINE.
5. THE DEVELOPMENT PLANS SHOULD INCLUDE HOW THE SOUTHEAST CORNER
OF THE LOT WILL BE DEVELOPED. THE AREA SHOULD BE SURFACED WITH
CLASS V AND FENCED IN ORDER TO CONTAIN THE STORAGE TO A SPECIFIC
AREA.
6. THE SETBACK ALONG THE WEST PROPERTY LINE SHOULD BE ADJUSTED SO
THAT THE OVERHANG OF THE TRAILERS DOES NOT DAMAGE THE
VEGETATION.
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THE LANDSCAPE PLAN WILL HAVE TO BE REVISED SO THAT IT COMPLIES WITH
THE CITY'S LANDSCAPING STANDARDS.
ADDITIONAL EVERGREEN TREES SHOULD BE PLANTED ALONG THE WEST
PROPERTY LINE AS A SUPPLEMENT TO THE EXISTING VEGETATION.
AN UNDER GROUND IRRIGATION SYSTEM WILL NEED TO BE IN PLACE IN ALL
FRONT YARD LANDSCAPED AREAS.
THE CHAIN LINK FENCE SHOULD BE PLACED ALONG THE SOUTH EDGE OF THE
PAVEMENT SO THAT IT DOES NOT GO THROUGH THE WETLAND.
THE TRASH COMPACTOR SHALL BE LOCATED ON THE EAST SIDE OF THE
LOADING DOCKS.
TEST PITS AND BORING SHOULD BE DONE IN ORDER TO ASSURE THE
SUITABILITY FOR THE PROPOSED SEPTIC SYSTEM.
THE BUILDING SHOULD BE DESIGNED TO HOOKUP TO UTILITIES WHEN THEY
ARE EXTENDED.
SPRINKLING THE BUILDING MIGHT BE REQUIRED TO DEPENDING ON THE
BUILDING PERMIT REVIEW.
THE CURBING BE EXTENDED ALONG THE RETAINING POND.
COMMISSIONER COTE SECONDED THE MOTION.
COMMISSIONER KUESTER MOVED TO AMEND THE MOTION AS FOLLOWS:
CONDITION NO.3. THE MAXIMUM WIDTH ALLOWED FOR A DRIVEWAY IS 40 FEET.
CONDITION NO.5. DELETED
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COMMISSIONER MESICH SECONDED THE MOTION TO AMEND. THE MOTION
CARRIED 4-1. COMMISSIONER MINTON OPPOSED.
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Planning Commission Minutes
May 27,1997
Page 7
THE ORIGINAL MOTION CARRIED 5-0.
Steve Ach indicated Good Value Homes is requesting preliminary plat approval
to subdivide 38 acres located in the northwest corner of Proctor Road and 193rd
A venue into 68 single family lots. This plat was previously reviewed by the
Planning Commission and City Council and the Council passed a resolution
denying the preliminary plat (Resolution 97-20). The plat has been revised to
address the some of these concerns. The number of lots has been reduced from
79 to 68 and lot sizes and lot depths have been increased. The size of the
wetlands has increased and street connection with Highland to the east and
Lafayette Woods to the north is shown on the plat. A letter from Sherburne
County Highway Department was distributed which indicated denial of access
onto Proctor. This change will impact the design of the plat. Steve explained the
pedestrian system throughout the proposed plat. Staff recommends a retaining
wall and railing protecting the pedestrian walkway near the wetland.
Derrick Passe, of Passe Engineer, representing the developer, indicated he will be
working with Sherburne County to obtain the access on Proctor.
Chair Thompson opened the public hearing.
Ron Bastyr of Windsor Development, indicated a concern for loss of trees and
buffering along Proctor.
Jim Nystrom, 19232 Proctor Road, was concerned with the storm drainage, loss of
trees and design of the plat.
Lois Carton, 19231 Proctor Road, expressed her concerns regarding drainage and
access to her property.
Derrick Passe indicated drainage for the development will be detained on site
with no increase in runoff.
There being no other public comments, Chair Thompson closed the public
hearing.
COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY GOOD VALUE
HOMES FOR PRELIMINARY PLAT APPROVAL (CHERRYWOOD HILLS) TO THE JUNE 24,
1997 PLANNING COMMISSION MEETING IN ORDER FOR THE DEVELOPER TO TAKE THE
FOLLOWING ACTIONS:
-MEET WITH STAFF AND THE DEVELOPER OF THE LAFAYETTE WOODS
SUBDIVISION TO DISCUSS ALTERNATIVES TO PRESERVE TREES
-OBTAIN AN ACCESS PERMIT FROM SHERBURNE COUNTY FOR THE CUL-DE-
SAC ONTO PROCTOR, OR REDESIGN THE NORTHEAST PORTION OF THE PLAT
-RECONSIDER LOCATION OF LOTS 18, 19 AND 23
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Planning Commission Minutes
May 27,1997
Page 8
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTIN CARRIED 5-0.
Steve Ach explained a request has been received for a residential planned unit
development subdividing 280 acres into approximately 322 single family lots and
200 townhouse lots. The property is currently owned by Waddy Schulze and is
located north of County Road 12, east of the realigned County Road No. 13 and
south of the 187th Avenue alignment. John Payton, Senior Engineer, of Westwood
Professional Services; Ed Hasek, registered landscape architect; and AI Block of
Town and Country Homes, were present on behalf of the developer.
Chair Thompson opened the public hearing.
John Paul, 19714 Twin Lakes Road, indicated it appears his driveway is across the
street from the County Road 13 access to the proposed plat. He expressed his
concern for the impact of increased traffic in front of his home, noting there have
been a number of accidents in this location. He expressed concern the area
residents will suffer the consequences of the proposed development.
Mary Jo Miske, 10028 Twin Lakes Road, expressed her concern regarding
assessments for sewer and water, realignment of County Road 13, and
environmental impacts on Trott Brook. Mrs. Miske stated it was her understanding
Jarvis would be the main north-south corridor for this area, not County Road 13.
Terry Maurer explained County Road 13 was planned as the corridor for
approximately 2 years. He noted the Council will be considering an area for the
extension of city water and sewer which is much larger than the Schulze and
Hohlen property, but it is not known at this time how large an area will be chosen.
Members of the Planning Commission expressed interest in the developer
incorporating a theme in the design of the plat. They expressed support for the
variety of housing options proposed for the plat (Le., attached and detached
single family, number of floor plans, architectural styles, sizes).
COMMISSIONER MESICH MOVED TO POSTPONE THE PUBLIC HEARING FOR CASE
NO.'S IC 97-1, CU 97-11 AND P 97-8, REQUESTS BY CPDC, TO THE JUNE 24, 1997,
REGULARLY SCHEDULED PLANNING COMMISSION MEETING. COMMISSIONER
MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.1. Uodate on 5/19/97 Citv Council Meetin9
Commissioner Minton provided the Planning Commission an update on actions
taken by the Council on planning issues at the May 19, 1997 City Council
meeting.
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Planning Commission Minutes
May 27,1997
Page 9
6.2. Schedule Joint Meetina with Park & Recreation Commission
A joint meeting of the Park & Recreation Commission and Planning Commission.is
scheduled for Wednesday, June 11, 1997 from 6 - 7 p.m., before the regular Park
& Recreation Commission's regular monthly meeting.
6.3. Reoort on National Plannina Conference
Commissioner Kuester distributed a summary of the American Planning
Association Annual Convention held in San Diego, highlighting workshops and
events she attended.
There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE
MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
The meeting of the Elk River Planning Commission adjourned at 11 :06 p.m.
R7~ctfUIlY submitte~t
,;JeI~i 'I)1UPUA
Debbie Kleckner >
Recording Secretary