08-26-1997 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, AUGUST 26, 1997
Members Present:
Chair Anderson, Commissioners Cote, Kuester, Mesich, Minton,
Sullivan and Thompson
Members Absent:
None
Staff Present:
Scott Harlicker, Assistant Planner; Terry Maurer, City Engineer;
Debbie Kleckner, Recording Secretary
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 7:50 p.m. by Chair Anderson.
COMMISSIONER KUESTER MOVED TO APPROVE THE AUGUST 26, 1997 PLANNING
COMMISSION AGENDA WITH THE FOLLOWING AMENDMENT:
ADD ITEM 2.1. - CONSIDER SEPTEMBER PLANNING COMMISSION MEETING DATE
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
2.1. Consider SeDtember Plannina Commission Meetina Date
COMMISSIONER THOMPSON MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER
PLANNING COMMISISON ON TUESDAY, SEPTEMBER 30, 1997, AT 6:30 P.M. TO
CONDUCT REGULAR BUSINESS, DUE TO THE SPECIAL ELECTION FOR THE PARK BOND
REFERENDUM SCHEDULED FOR SEPTEMBER 23, 1997. CHAIR ANDERSON SECONDED
THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER MINTON MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1. CPDC REQUEST FOR ZONE CHANGE, PUBLIC HEARING
CASE NO. ZC 97-1 - POSTPONED TO 9/30/97
3.2. CPDC REQUEST FOR CONDITIONAL USE PERMIT,
PUBLIC HEARING CASE NO. CU 97-11 9 - POSTPONED TO 9/30/97
3.3. CPDC REQUEST FOR PRELIMINARY PLAT APPROVAL (TROTT BROOK FARMS),
PUBLIC HEARING CASE NO. P 97-8 - POSTPONED TO 9/30/97
3.4. GUARDIAN ANGELS OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR
TO HR & CC), PUBLIC HEARING CASE NO. LU 97-2 - POSTPONED TO 9/30/97
Planning Commission Meeting Minutes
August 26. 1997
Page 2
3.7.
GUARDIAN ANGELS OF ELK RIVER REQUEST FOR ZONE CHANGE, PUBLIC
HEARING CASE NO. ZC 97-20 - POSTPONED TO 9/30/97
GUARDIAN ANGELS OF ELK RIVER REQUEST FOR
CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-20-
POSTPONED TO 9/30/97
GUARDIAN ANGELS OF ELK RIVER REQUEST FOR PRELIMINARY PLAT
APPROVAL (ORONO SHORES), PUBLIC HEARING CASE NO. P 97-12
- POSTPONED TO 9/30/97
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3.5.
3.6.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER MINTON MOVED TO APPROVE THE JULY 22, 1997 PLANNING
COMMISSION MINUTES WITH THE FOLLOWING CORRECTION:
PAGE 4, ITEM 5.6. - REMOVE "SULLIVAN" FROM THE SECOND TO THE MOTION.
CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Chair Anderson will attend the September 15, 1997 City Council Meeting.
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The City of Elk River has requested a land use amendment for the area identified
as Area # 1 in the Economic Development Strategic Plan to change the land use
from MR (Medium Density Residential) to LI (Light Industrial). The city has also
requested a corresponding zone change for this property from R 1 c (Single Family
Residential) to BP (Business Park).
Scott Harlicker, Planning Assistant. indicated this request was reviewed and
tabled by the Planning Commission at the July 22nd meeting. Five residents spoke
out against the rezoning, one was not opposed, and the affected property
owner, Stewart Wilson requested by letter that the item be tabled until the August
meeting when he would be able to attend. The residents expressed concerns
about the impact of a business park on their property value and increased crime.
Scott noted that thoughtful design and effective berming and landscaping and
implementation of performance standards could aid in the transition from light
industrial to residential land uses. The police department has indicated they are
not aware of data to support a business park causing an increase in crime.
Chair Anderson opened the public hearing.
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Jim Sletten, 18137 Ogden Street, expressed there are no natural abutments to
buffer the proposed business park from the residential on three sides. He also was
concerned his property value would be affected.
Planning Commission Meeting Minutes
August 26, 1997
Page 3
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Steve Stewart, 18290 Ogden Street, expressed concern for decreased property
values and crime.
Troy DeMars, 14220 182nd Avenue, did not feel it is appropriate to locate an
industrial area in an established residential area.
Bruce Lindeman, 14099 182nd Avenue, requested the area be left residential, since
the area has developed as residential and the close proximity of the golf course.
John O'Malley, 18020 Union Street, stated he chose this area to live in because it
was surrounded by residential uses.
Dr. Tim Ebner, 17994 Union Street, expressed concern the business park was not
compatible with the surrounding residential, and felt there would be major traffic
problems associated with business park development. Dr. Ebner stated he and all
his neighbors object to the proposed changes and requested that the Planning
Commission deny the land use amendment and rezoning.
Paul Hanson, 14244182nd Avenue, felt the proposed business park would affect
the view of the residents in the area. He asked the Planning Commissioners to
listen to the residents.
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Stewart Wilson, 17975 Troy Street, indicated he is aware of the importance of
business park and industrial zoned property in the city. He stated he has visited
other business parks and felt that a business park could complement a
neighborhood if it is done right and in an orderly fashion. Mr. Wilson expressed
concern some of the versatility of the property would be lost if this parcel were to
become light industrial, since the parcel he owns to the north is already light
industrial. Mr. Wilson suggested the southeast portion of the property which is
approximately 20 acres (5 acres of woods), be left residential to create a natural
buffer for the residential to the east. Potential residents would be aware that a
business park was proposed to be located in the area. Mr. Wilson requested that
if the land use amendment and rezoning are approved, the City adhere to the
items listed in the Strategic Plan.
An unidentified resident from the area expressed his objection to the business
park zoning. He stated his reasons for objection include increased crime, traffic,
diesel exhaust and buzzers associate with industrial uses. He stated he would be
forced to move if the rezoning is approved. It was suggested a 100 yard park
area be placed around the perimeter of the business park site as a buffer to the
residential.
Commissioner Minton indicated he was contacted by a resident of the affected
area, David Raymond, expressing his opposition to the proposed amendment
and rezoning. Mr. Raymond indicated he would like to see the area preserved
for a school.
Commissioner Thompson stated Steve Stewart contacted her when he was
petitioning in her neighborhood.
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Planning Commission Meeting Minutes
August 26. 1997
Page 4
Bob Saxon, 18044 Union street, stated he attended a previous meeting several
years ago when the Council voted to leave the south half of the Wilson property
residential.
Hartley Story, 14148 Mississippi Road, expressed his opposition to the proposed
changes. He felt the City needs to look for a much larger parcel to develop for
residential.
There being no other comments from the public, Chair Anderson closed the
public hearing.
Paul Steinman, Director of Economic Development, provided photographs of
business parks in the area which have standards similar to the City of Elk River.
Chair Anderson reopened the public hearing.
Steve Stewart, 18290 Ogden Street, expressed concern the speeding problem on
Mississippi Road would become even greater with the increased traffic
generated by a business park.
Troy DeMars, 14220 182nd Avenue, questioned how many employees would be
employed by the business park. He expressed his concern for the traffic impacts
the business park would have on the residential community.
Dr. Ebner asked the Commissioners to make a decision on this issue as if it were in
their backyard.
Jennifer Longley, 19233 Ogden, indicated she moved here in June, based on the
fact the area was zoned residential. She expressed her opposition to the
proposed amendment and rezoning.
Commissioner Mesich stated he felt it would be inappropriate to rezone this
property to light industrial due to its close proximity to the Mississippi River and the
residential properties. Commissioner Mesich supported the location of a school at
this site.
Commissioners Thompson and Cote stated they could not support the request
based on the fact there is existing residential on three sides of the property.
Commissioner Kuester explained the Planning Commission is a volunteer board
comprised of citizens that may have had an issue of their own at one time. She
explained she did not support this request, but she is concerned about the need
for industrial property in order to achieve a balance in the community. She
stated the Planning Commission is here to listen to the public and wished the
residents could have been more respectful.
Chair Anderson indicated he understood this is an emotional issue for the
residents. He expressed his agreement the subject property is not appropriate for
a business park and was concerned for increased traffic.
Planning Commission Meeting Minutes
August 26, 1997
Page 5
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Commissioner Sullivan explained she understands the need for light industrial
property and felt compromises could be made to minimize the impacts, but she
did not feel she could support this request.
Commissioner Minton felt denial of this request goes against the Strategic Plan.
He indicated there will likely be resistance opposition to each of eight areas
proposed to be rezoned to light industrial. He stressed the need for the residents
to look ahead to the negative impacts if the city does not increase the industrial
tax base.
COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND
DENIAL OF THE CITY OF ELK RIVER'S REQUEST FOR A LAND USE PLAN AMENDMENT,
PUBLIC HEARING CASE NO. LU 97-1, AND REZONING PUBLIC HEARING CASE NO. ZC
97-3, BASED ON PUBLIC INPUT AND INFORMATION RECEIVED DURING THE PUBLIC
HEARING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION
CARRIED 5-2. Commissioners Minton and Sullivan opposed.
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Staff report by Scott Harlicker. Independent School District (ISO) #728 has
requested a rezoning of approximately 20 acres from R4 (Multi-family Residential)
and 1-1 (Light Industrial) to R 1 c (Single Family Residential), and to amend the
Comprehensive Land Use Plan from LI (Light Industrial) to MR (Medium Density
Residential). The subject property is located at the northwest corner of Proctor
and School Street, lying between School Street and County Road 1 (south end of
Oak Knoll Park). ISO #728 has also requested a conditional use permit to
construct an alternative learning center (ALe) (institutional use), along with a new
parking lot facility. Scott indicated staff recommends approval of the rezoning
and Comprehensive Land Use Plan amendment based on the findings in the staff
report .
Scott reviewed issues associated with the conditional use permit regarding
parking and circulation, landscaping, building orientation, fire protection,
pedestrian circulation, easements, and drainage and utilities. Staff
recommended approval of the request with the conditions outlined in the staff
report.
Ron Bratlie, School District representative for the project, reviewed plans for the
ALC.
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
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Commissioner Kuester expressed support for preserving the opportunity for a trail
through the site. She was concerned there would not be adequate parking for
the community education office.
Planning Commission Meeting Minutes
August 26. 1997
Page 6
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Commissioner Mesich expressed his concern regarding the behavior of ALC
students at the current ALC site, and questioned if it was appropriate to place this
type of facility close to a residential neighborhood. He suggested placing the
building in the location of the existing parking lot further north.
Discussion followed regarding orientation of the building, traffic, and parking for
community education.
COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF INDEPENDENT SCHOOL DISTRICT #728'S REQUEST FOR REZONING AND
LAND USE PLAN AMENDMENT, PUBLIC HEARING CASE NO:S ZC 97-6 AND LU 97-5.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF INDEPENDENT SCHOOL DISTRICT 728'S REQUEST FOR A CONDITIONAL
USE PERMIT, PUBLIC HEARING CASE NO. CU 97-26, BASED ON THE FACT THERE WAS
NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS:
1. THE BUILDING SHALL BE RE-ORIENTED FURTHER TO THE EAST IN A MANNER
WHICH WILL ALLOW A NEW DRIVEWAY TO BE INSTALLED AROUND THE WEST
SIDE OF THE BUILDING CONNECTING THE PROPOSED PARKING LOT WITH
SCHOOL STREET.
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A REVISED LANDSCAPING PLAN BE SUBMITTED WHICH SHOWS EARTH
BERMING ALONG THE EAST SIDE OF THE PROPOSED PARKING LOT, ALONG
WITH PLANTINGS THAT WILL PROVIDE A YEAR-ROUND SCREENING OF THE
RESIDENCES IMMEDIATELY TO THE EAST.
3. THE NEW PARKING LOT FACILITY BE BOUNDED WITH CONCRETE CURB AND
GUTTER AND ANY NEW OR REVISED EXISTING PARKING AREAS ALSO BE
IMPROVED WITH CURB AND GUTTER.
4. THE NEW ACCESS DRIVE ONTO PROCTOR AVENUE WILL REQUIRE A PERMIT
FROM THE SHERBURNE COUNTY HIGHWAY DEPARTMENT.
5. THE SOUTHERLY DRIVEWAY INTO THE EXISTING PARKING LOT FACILITY
ALONG PROCTOR AVENUE SHOULD BE CLOSED, WITH THE OPENING OF THE
NEW DRIVEWAY IMMEDIATELY TO THE SOUTH.
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15 FOOT EASEMENTS BE GRANTED FOR ALL ELECTRICAL LINES LOCATED ON
THE SCHOOL DISTRICT'S PROPERTY.
DRAINAGE AND UTILITY RECOMMENDATIONS FROM TERRY MAURER'S MEMO
DATED AUGUST 21,1997 BE INCORPORATED INTO THE PLANS.
FIRE HYDRANTS BE PROVIDED ON SITE AS RECOMMENDED BY THE FIRE CHIEF.
ALL DRIVE AISLES MUST BE A MINIMUM OF 24 FEET IN WIDTH.
ADDITIONAL BUFFERING BE PROVIDED ALONG THE SOUTH EDGE OF THE NEW
DRIVEWAY ONTO PROCTOR AVENUE. THE BUFFER SHOULD INCLUDE EITHER
LANDSCAPING OR A FENCE, OR A COMBINATION OF THE TWO.
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Planning Commission Meeting Minutes
August 26, 1997
Page 7
11.
A PEDESTRIAN PATH CORRIDOR BE PRESERVED AND SHOWN ON THE SITE
PLAN THROUGH THE SITE FROM THE TERMINUS OF THE UNIMPROVED TRAIL
BETWEEN THE TWO SOCCER FIELDS TO SCHOOL STREET. THIS TRAIL WILL BE
INSTALLED AT A LATER DATE WHEN THE BALANCE OF THE TRAIL IS
COMPLETED.
12. A LIGHTING PLAN BE SUBMITTED SHOWING THE TYPE OF PARKING LOT LIGHTS
TO BE USED AND THE ILLUMINATION PATTERN.
13. ADEQUATE PARKING SHALL BE PROVIDED FOR THE COMMUNITY EDUCATION
FACILITY, AS DETERMINED BY STAFF.
COMMISIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Scott indicated the City of Elk River is requesting an ordinance amendment to
eliminate multi-family dwellings, townhouses and two family dwellings as allowed
uses in the C-2 (Office District). The amendment would limit residential
development and maintain the integrity and intent of the C-2 district. Staff has
suggested allowing apartments as a mixed use with offices and single family
homes as a conditional use. If single family homes in the C-2 became a non-
conforming use, the homes could not be rebuilt if damaged by more than 50%.
Staff also suggested the Commission consider a similar ordinance amendment for
the C-l zoning district.
The Commissioners discussed the possibility of establishing a definition for "mixed
use".
Commissioners Minton and Kuester indicated they would support a mix of
residential and commercial in the C-l district (Le., business on first floor.
apartments/condominiums on second floor), rather than in the C-2.
The Commissioners felt the language should be changed in Section 2.4.C. as
follows: Eliminate Hi. and the add the word "existing" before single family
dwellings in ix. The Commissioners were in agreement that staff research the
language for the proposed amendment, and to draft a similar ordinance for the
C-l zoning district.
Chair Anderson opened the public hearing.
COMMISSIONER MINTON MOVED TO POSTPONE THE CITY OF ELK RIVER'S REQUEST
FOR AN ORDINANCE AMENDMENT AND CONTINUE THE PUBLIC HEARING FOR CASE
NO. OA 97 -11, TO THE OCTOBER 28, 1997 PLANNING COMMISSION MEETING.
COMMISISONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Planning Commission Meeting Minutes
August 26. 1997
Page 8
Scott explained the City of Elk River has requested this ordinance amendment in
order to differentiate between the types of uses allowed in the Business Park
district.
Chair Anderson opened the public hearing.
The Commissioners expressed their support for the changes as presented in the
staff report.
COMMISSIONER SULLIVAN MOVED TO POSTPONE THE CITY OF ELK RIVER'S REQUEST
AND CONTINUE THE PUBLIC HEARING FOR ORDINANCE AMENDMENT CASE NO.
OA 97-12, TO THE OCTOBER 28, 1997 PLANNING COMMISSION MEETING.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Commissioner Kuester gave an update of action taken on planning items at the
August 18, 1997 City Council meeting.
8. Adiournment
There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE
MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0.
The meeting of the Elk River Planning Commission adjourned at 10:20 p.m.
R.K.n es e.~:UIIY...SUbmitted. ,
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Debbie Kleckner
Recording Secretary