07-22-1997 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 22, 1997
Members Present:
Chair Anderson, Commissioners Cote, Kuester. Mesich, Minton,
Sullivan and Thompson
Members Absent:
Commissioner Kuester
Staff Present:
Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner; Terry
Maurer. City Engineer; ; Steve Rohlf, Building & Zoning
Administrator; Paul Steinman, Paul Steinman, Executive Director.
Economic Development; Debbie Kleckner. Recording Secretary
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 6:30 p.m. by Chair Anderson.
COMMISSIONER SULLIVAN MOVED TO APPROVE THE JULY 22, 1997 PLANNING
COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS:
ITEM 5.14. - HILLSIDE CROSSING SOUTH TWO - DISCUSSION
ITEM 5.15. - DISCUSSION 1998 PLANNING COMMISSION BUDGET
CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER MINTON MOVED TO APPROVE THE JUNE 24, 1997 MINUTES WITH
THE FOLLOWING CHANGE:
- ITEM 3.B. - ADD THE WORD "MOVED"
CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Commissioner Kuester is scheduled to attend the August 18, 1997 City Council
Meeting.
S:1.' TillefCorci'bratioh RedUesffor:C'OhCllfr6'riaIOse Permit. .Public HeC!l~ho CdseNo.ir .,.
CU 97-19
Tiller Corporation is requesting a conditional use permit for mineral excavation
and relocation of their hot-mix asphalt plant on a 133 acre site at Highway 169
and 22151 Avenue. Steve discussed the proposed road between this site and the
Planning Commission Minutes
July 22. 1997
Page 2
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Elk River Landfill mining site. Staff recommends approval of the request based on
the conditions in the staff report.
Commissioner Sullivan questioned whether the number of truck trips will increase.
Brent Schlueter of Tiller Corp. indicated the number will remain approximately the
same. Mr. Schlueter noted the old site will be reclaimed and closed.
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
TILLER CORPORATION FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO.
CU 97-19, WITH CHANGES RECOMMENDED BY STAFF. COMMISSIONER SULLIVAN
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Scott indicated Amoco Oil is requesting a conditional use permit for a
convenience store, gasoline sales and car wash on a 1.3 acre lot located in the
northeast corner of Highway 169 and Freeport Street. Scott indicated this
application coincides with Hillside Crossing Three request for preliminary plat and
final approval. Scott reviewed issues associated with the request regarding hours
of operation, lighting, parking, access and signage. Staff recommends approval
of the request with the conditions outlined in the staff report.
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Chair Anderson opened the public hearing.
David Plude, 11537 197th Avenue, expressed concern with the "right in only"
access by home. He indicated he would like to see "No U-turn" signs posted to
discourage motorists from making unsafe turning movements. Mr. Plude
supported the "in only" access to move the traffic off Highway 169 and into the
site more smoothly. Mr. Plude indicated trees were to have been planted on his
property when the improvements to 197th were completed, and this has not been
done. He stated he was concerned with traffic at this location and was hopeful
signalization of the intersection will move forward.
John Kosmos, KK Design, engineer for project (Amoco) reviewed issues
associated with the right-in only access, access onto Evans, landscaping (number
and size of plantings), berming, lighting. and signage. Mr. Kosmos felt the "right
in" access of Highway 169 was critical to the success of the project. He
requested the access onto Evans remain as they have proposed and felt moving
the access to the south would confuse customers trying to leave the site. Mr.
Kosmos indicated the lighting will be directed downward and into the site and
should not impact the neighboring residents.
It was the consensus of the Planning Commissioners the request by Amoco Oil will
require additional review after the architect has incorporated staff's
recommendations. Mr. Kosmos requested that the Planning Commission consider
Amoco's request at a special session.
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COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY AMOCO OIL CO.
FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-17. AND
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July 22. 1997
Page 3
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CONTINUE THE PUBLIC TO A SPECIAL MEETING OF THE PLANNING COMMISSION ON
TUESDAY, AUGUST 12, 1997, AT 5:00 P.M. CHAIR ANDERSON SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
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Sherry Emmerson, Director of Operations for Guardian Angels of Elk River, Inc. was
present to review a proposal for a mixed use PUD to be located northeast of the
intersection of Highway 10 and Joplin Street. Ms. Emmerson explained a
marketing study done by Health Planning and Management Resources indicates
a need for 63 subsidized units and 52 private-pay units of senior assisted living
housing. Ms. Emmerson indicated their proposal includes an area of
neighborhood commercial to serve this community and includes a medical clinic.
She felt the neighborhood commercial would provide a buffer from the heavy
traffic on Highway 10. Ms. Emmerson indicated they have 42 names on file for
assisted living and 17 names for the townhomes. They are currently facing
challenges presented by the Shoreline Ordinance but felt they will be able to
work with City in resolving these issues.
Michael Trossen, Trossen Wright Architects. explained the proposed project will
include townhomes along lake with chapel or community club house, a medical
clinic. and 80 units of assisted living. The neighborhood commercial will consist of
a minimum of 1 acre sites, including medical clinic, and is proposed as a buffer to
the site. Access to the site was discussed. Mr. Trossen explained how the
Shoreline ordinance breaks property into three tiers with each tier designating
allowances for densities, number and size of units. Mr. Trossen indicated the
assisted living units will be approximately 400-500 sq. ft. and the townhomes will
be 1,000-1,200 sq. ft. Mr. Trossen felt the Shoreline Ordinance does not address
senior housing, and felt there is a way the project can be done.
Commissioner Sullivan questioned the age limits for townhouses. Ms. Emmerson
indicated the townhomes will be restricted to persons age 55 and over.
Commissioner Minton questioned whether or not Guardian Angels would operate
and/or lease the neighborhood commercial property. Ms. Emmerson indicated
the issue has not yet been decided. Commissioner Minton expressed his support
for the medical clinic.
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Steve Ach explained the Shoreline Ordinance was established by the DNR and
was adopted for enforcement by the city in 199. Steve indicated staff will work
with the DNR to allow flexibility in meeting the requirements of the Shoreline
Ordinance. Steve noted in addition to the shoreline issues, there are issues
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Planning Commission Minutes
July 22. 1997
Page 4
associated with the plat such as traffic, storm water drainage, access at frontage
road, internal circulation and project density.
Mr. Trossen indicated that due the heavy demand for assisted living, they hope to
start the project before winter. Regarding the drainage issue they have
attempted to include some smaller ponding areas on site in the design plan.
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
COMMISSIONER MESICH MOVED TO POSTPONE THE REQUESTS BY GUARDIAN
ANGELS OF ELK RIVER, INC. FOR A COMPREHENSIVE LAND USE PLAN AMENDMENT,
ZONE CHANGE, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT TO THE AUGUST
26, 1997 PLANNING COMMISSION MEETING. COMMISSIONER MINTON SECONDED
THE MOTION. THE MOTION CARRIED 6-0.
Contractor Property Developer's Company (CPDC) has requested a
Comprehensive Land Use Plan Amendment changing the land use designation of
approximately 80 acres from LI (Light Industrial) to MR (Medium Density
Residential) .
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
Steve indicated the density of the proposed residential project at this site is 5 units
per acre.
Discussion followed regarding the suitability of the site for industrial development
and the proposed realignment of County Road No. 12. Terry Maurer explained
the realignment will be a mixture of funding from the City, County. developers,
ISTEA Grant, etc.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
CPDC FOR A COMPREHENSIVE LAND USE PLAN AMENDMENT, PUBLIC HEARING CASE
NO. LU 97-3. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION
CARRIED 5-1. Commissioner Mesich opposed.
Scott indicated the City of Elk River has initiated a land use amendment from HB
(Highway Business) to LI (Light Industrial) and rezoning from C3 (Highway
Commercial) to BP (Business Park). The approximately 6 acres is located at the
southwest corner of Highway 169 and Main Street. Staff feels the changes will
help increase the City's industrial base, allow development which is
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July 22. 1997
Page 5
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complementary and compatible with adjacent land uses, and allow
development at this major intersection while minimizing increases in traffic. Scott
explained uses allowed in the Business Park vs. The C3 Commercial zoning district.
Chair Anderson opened the public hearing.
Earl Hohlen, 39 Main Street, one of the owners of the subject property, expressed
his feeling the area should remain commercial.
Dr. Howard Johnson, owner west of Hohlen's property, indicated Mr. Hohlen would
not have adequate access to his property unless he went through his property.
He indicated he does not want truck traffic next to his clinic. Mr. Johnson stated
he is not in favor of the proposed changes, nor are the other residents adjacent
to the site.
Steve Stewart, 18290 Ogden Street, expressed his support for Dr. Johnson's
comments.
Dr. Johnson explained he is faced with a decision with the possible
redevelopment of the apartments to the west of his property and Mr. Hohlen's
need for access on the east.
There being no other comments from the public, Chair Anderson closed the
public hearing.
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Commissioner Cote questioned whether or not the site to west owned by UP A is
developable. Terry Maurer indicated the County ditch has been abandoned,
and is served by city storm sewer.
Commissioner Mesich indicated he would support the land use but not the
rezoning. since the property owners are opposed.
Commissioner Minton expressed his support and stressed the need for industrial
property.
Paul Steinman explained this area is only 1 small area of approximately 300 acres
identified for possible industrial/business park development by the EDA Strategic
Plan.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE
AMENDMENT. COMMISSIONER CHAIR ANDERSON. THE MOTION CARRIED 4-2.
Commissioners Thompson and Mesich opposed.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REZONING
REQUEST BY THE CITY OF ELK RIVER, PUBLIC HEARING CASE NO. ZC 97-5, BASED ON
INFORMATION IN STAFF REPORT. CHAIR ANDERSON SECONDED THE MOTION. THE
MOTION CARRIED 4-2. Commissioners Thompson and Mesich opposed.
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July 22. 1997
Page 6
Scott indicated the City is requesting an amendment to the land use map and
corresponding rezoning of approximately 60 acres owned by Steward
Wilson/Hoigt Properties from MR (Medium Density Residential) to LI (Light
industrial) and R 1 c (Single Family Residential) to BP (Business Park). The property is
located at the northeast corner of the intersection of Waco Street and Mississippi
Road. Scott noted a letter was received from property owner Stewart Wilson,
asking these items be tabled. Scott reviewed the uses allowed in the Business
Park Zoning District. He explained the amendment and rezoning reflect goals
and policies of the Comprehensive Plan and Economic Development Strategic
Plan.
Chair Anderson opened the public hearing.
Steve Stewart, 18290 Ogden Street, expressed his concerns regarding lighting,
crime, and truck traffic. He requested this item be tabled in honor of Mr. Wilson's
wishes.
Jim ,18137 Ogden Street, expressed his opposition to the proposed changes,
citing increased crime, visual impacts, and vandalism would be associated with
industrial development.
Gary Varr, 18222 Ogden Street, stated he would not have bought his lot if he
would have known industrial development would be located adjacent to this
property.
Carolyn , 18176 Ogden Street, expressed her opposition to the proposed land
use amendment and rezoning.
Dennis Anderson, 14475145th Court, indicated he has developed property on
Mississippi west of the subject property. He currently owns a piece of property on
Mississippi that he hopes to develop without being impacted by the proposed
changes. Mr. Anderson felt it was appropriate to allow Mr. Wilson's input.
Steve Wilson, 18082 Rawlins Street, expressed concern that Waco Street is very
narrow and not designed for truck traffic. He is also concerned with the safety of
walkers and the 55 mph speed limit.
COMMISSIONER MINTON MOVED TO POSTPONE THE REQUEST BY THE CITY OF ELK
RIVER FOR A LAND USE MAP AMENDMENT AND REZONING, PUBLIC HEARING CASE
NO.'S LU 97-1 AND ZC 97-3 UNTIL THE AUGUST 25, 1997 PLANNING COMMISSION
MEETING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
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July 22,1997
Page 7
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Steve Ach indicated the City of Elk River has initiated a Comprehensive Plan
Amendment to adjust the urban service boundary in eastern Elk River to include
480 acres. Approximately 180 of the 480 acres is either owned by the City,
MN/DOT. or is identified as wetlands, leaving approximately 280 to 300 acres with
development potential. Steve indicated there would be no immediate or
foreseeable assessments, and extension of utilities would likely be initiated by the
development community. Steve noted this area will likely develop in 2-1/2 acre
lots if it is not included in the urban service area. Steve noted if the area is
included, it would be appropriate to rezone the properties for the current R 1 a to
a residential zoning district consistent with other areas within the urban service
boundary.
Chair Anderson opened the public hearing.
Karl Schaap, 15096 191st Avenue, expressed concern for the impact on the
Holzem's 500 acre dairy operation. He explained 50 acres of the property to be
included consist of 11 homeowners, 180 acres have 3 owners, and no one is
interested in developing their property in the foreseeable future. In addition to
the assessments, Mr. Schaap stated a contractor estimated it would cost one of
the property owners involved approximately $38,000 to bring water and sewer
lines to his home from the street. He indicated all of the property owners he has
spoken with are not in favor of being included in the urban service area.
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Discussion followed regarding 2-1/2 acre development vs. Inclusion in the urban
service area. Mr. Schaap questioned whether certain areas could be exempted
as was done in the case of Hidden Creek subdivision.
Paul Holzem, 19049 Davis Street, owner of a large dairy farm in the proposed area
to be included in the urban service district, felt the residents should be given a
long term notice of the extension of water and sewer. He indicated he would not
be able to afford the assessments and would likely have to sell out or relocate his
dairy operation.
Terry Maurer review past history of the extension of utilities to the western area.
He indicated there were some small developments with parcels that could not
reasonably be subdivided and were not assessed or forced to hookup. Owners of
vacant properties with tillable land were given a 2 years interest-free deferment
to decide if they wanted sell or move their operation. Terry stated he does not
foresee sewer and water being forced out into this area. Steve indicated the
current growth pattern is to move from the core of the city outward and that
Inclusion in the urban service area does not mean the property owners will be
assessed now.
Paul Holzem stated he was against being included in the urban service area and
did not feel it was appropriate.
Emma Davis, 18925 Davis Street, expressed concern for increasing taxes and the
need for industry in Elk River.
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Tom Forsythe, 10578 181st Avenue, indicated he felt the Planning Commission's
recommendations to Council should take into account property owners with land
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Planning Commission Minutes
July 22. 1997
Page 8
that is not developable. He expressed his opposition to the proposed expansion
of the urban service area.
The Planning Commission, staff and the property owners discussed timing of the
extension of the utilities.
Donna Beaudry, 17995 Fillmore Street, questioned when they would have to hook
up to city services and when they would be assessed. Steve Ach indicated Ms.
Beaudry's property is approximately 2 miles away from sewer and water and he
did not know if she would be included in the urban service area at some point in
the future. He explained there will be no assessments until a project is proposed
and petition for improvements is received and acted upon by the City Council.
LeRoy Brown, 10815 175lh Avenue, expressed his opposition to the expansion of
the urban service boundary.
Emma Holzem, indicated their property was taken out of urban service proposal
in December and now they are being included again.
Mr. Schaap suggested a time frame be established for extending utilities.
Jerry Ruppeluis, 10496 181sl Avenue, questioned whether or not his property is
included in the urban service area. Terry Maurer indicated Mr. Ruppeluis'
property was not included.
Stoffel Reitsma, 10860 181sl Avenue, stated 10 years these residents were told they
would never be included in the urban service area. He encouraged the Planning
Commissioners to take field trip to this area and they would find the area is not
suitable for urban development. Mr. Reitsma expressed his concern regarding
the need for industrial development in Elk River.
Commissioner Minton felt the Comprehensive Plan indicates development will
move eastward and land must be preserved now to insure the economic
feasibility of extending water and sewer.
Discussion followed regarding establishing a time frame for the extension of city
sewer and water to this area.
COMMISSIONER THOMPSON MOVED TO POSTPONE THE CITY OF ELK RIVER'S
REQUEST AND PUBLIC HEARING FOR A COMPREHENSIVE PLAN AMENDMENT TO
ADJUST THE URBAN SERVICE BOUNDARY, PUBLIC HEARING CASE NO. OA 97-10, TO
THE SEPTEMBER 23RD PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
The City of Elk River has requested amending the Zoning Code to include a
maximum driveway width for residential driveways. Scott reviewed survey
information from other communities and indicated staff is recommending
maximum width of 30 feet.
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Planning Commission Minutes
July 22, 1997
Page 9
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO.
97-_, ESTABLISHING A MAXIMUM DRIVEWAY WIDTH OF 30 FEET. COMMISSIONER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
5.14. Hillside Crossina South Two
Steve Ach indicated the City Council delayed action on the Hillside Crossing
South Two plat for Planning Commission review and comment. The
Commissioners expressed concern that intense commercial uses at this site may
generate increased traffic problems. It was the consensus of the Planning
Commissioners to discuss this item at the August 12th special meeting.
5.15. 1998 Budaet
steve Ach indicated the proposed 1998 Planning Commission budget will be
similar to the 1997 budget. The Planning Commissioners expressed their support
for the proposed budget.
6.1. Uodate on 7 /21 /97 City Council Meetina
Commissioner Thompson provided an update of City Council action on planning
items at the July 21, 1997 City Council meeting.
There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE
MEETING. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 11 :25 p.m.
Respectfully submitted,
IJJk !ft~
Debbie Kleckner
Recording Secretary