06-25-1996 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JUNE 25, 1996
Members Present:
Chair Dillon, Commissioners Minton, Sullivan, Thompson, Tacheny,
Kuester, and Anderson
Members Absent:
None
Staff Present:
Steven B. Ach, City Planner; Scott Harlicker, Assistant Planner;
Kendra Lindahl, Zoning 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 7:00 p.m. by Chair Dillon.
COMMISSIONER THOMPSON MOVED TO APPROVE THE JUNE 26, 1996 PLANNING
COMMISSION AGENDA AS FOLLOWS:
ITEM 5.2. WITHDRAWN
ITEM 5.8. BE CONSIDERED AFTER ITEM 5.13.
ADD ITEM 6.1.
COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER MINTON MOVED TO AMEND THE 5/28/96 MINUTES AS FOLLOWS:
PAGE 1, CORRECT SPELLING OF TACHENY
PAGE 5, CHANGE "PERMITS" TO "PREVENTS"
PAGE 6, CHANGE NAME TO ED CUNNINGTON
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Commissioner Anderson will attend the July 15, 1996 City Council Meeting.
Planning Commission Meeting Minutes
June 25, 1996
Page 2
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staff report by Steve Rohlf. In order to meet standards for upgrading County
Road # 12 the hill adjacent to Hillside Park will need to be lowered. If the road is
lowered, an existing driveway serving three residences east of the park would be
at an intolerable 15% grade. The County is requesting to acquire the necessary
property to relocate a driveway and bring the grade down to less than 10%.
The Planning Commission needs to determine if the sale or acquisition of
property by the City is consistent with the comprehensive plan. Staff feels this
issue will have no effect on the comprehensive plan and recommends approval
of the request.
COMMISSIONER MINTON MOVED APPROVAL Of THE ACQUISITION Of A PORTION
Of HILLSIDE PARK BY SHERBURNE COUNTY HIGHWAY DEPARTMENT, BASED ON THE
fiNDING THAT THE COMPREHENSIVE PLAN WILL NOT BE AffECTED, AND WITH THE
fOLLOWING CONDITIONS:
1. THAT THE CITY DOES NOT RETAIN OWNERSHIP Of THE PROPERTY THE
DRIVEWAY CROSSES. THE COUNTY IS PROPOSING TO INCLUDE THIS
PROPERTY AS COUNTY RIGHT-Of-WAY IN A PLAT.
2. THAT A fAIR PRICE fOR THIS PROPERTY AND ADDITIONAL LAND THE
COUNTY WILL NEED TO ACQUIRE TO INCREASE THEIR RIGHT-Of-WAY fROM
33 fEET fROM CENTERLINE TO 50 fEET IS NEGOTIATED.
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Staff report by Scott Harlicker. The Mickelsons are requesting preliminary plat
approval to subdivide approximately 35 acres into three lots and a variance to
lot area for Lot 2, Block 1. The property is located at the southwest corner of
217th Ave. NW and Co. Rd. No. 32 and is zoned R 1 a (Single Family Residential).
The applicants applied for preliminary plat in 1994 which was withdrawn due to
soil and wetland conditions. An administrative subdivision was granted in 1995,
creating a 6 acre and the subject 35 acre parcel. The proposed preliminary
plat will create 3 lots; Lot 1 - 10.56 acres in size, Lot 3 - 22.27 acres, and Lot 2 -
2.22 acres in size. The applicant has indicated a variance for Lot 2 is needed
because 1 7 feet of right of way along Co. Rd. No. 32 was granted as a condition
of approval of the administrative subdivision. Staff believes the request meets
the five standards required to grant a variance. Staff recommends approval of
the preliminary plat subject to the nine conditions outlined in the staff report.
Joyce Mickelson, applicant, explained they plan to build a house on the 2.22
acre parcel and sell it.
Chair Dillon opened the public hearing. There being no comments from the
public, Chair Dillon closed the public hearing.
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COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL Of THE VARIANCE REQUEST BY THE MICKELSONS, PUBLIC HEARING
CASE NO. V 96-7, BASED ON THE BACKGROUND INfORMATION IN THE STAff
REPORT, THE DETERMINATION THAT THERE IS A HARDSHIP AS A RESULT Of PRIOR
Planning Commission Meeting Minutes
June 25, 1996
Page 3
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REGULATIONS, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC
HEARING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
Scott Harlicker provided additional informational on the preliminary plat
request.
Chair Dillon opened the public hearing. There being no comments from the
public, Chair Dillon closed the public hearing.
COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE PRELIMINARY PLAT REQUEST BY DAVE AND JOYCE MICKELSON
FOR NORTH MEADOWS CORNER, PUBLIC HEARING CASE NO. P 96-6, BASED ON
THE FOLLOWING CONDITIONS AND THE FACT THERE WAS NO OPPOSITION FROM
THE PUBLIC:
1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF ANY
IMPROVEMENTS.
2.
COMMENTS AS REQUESTED BY THE SHERBURNE COUNTY HIGHWAY
DEPARTMENT BE INCORPORATED AS PART OF THE PLAT.
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3.
ALL OF THE COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 19,
1996 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A
CONDITION OF THIS APPROVAL.
4. APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT
FOR ANY WORK DONE WITHIN THE COUNTY RIGHT-OF WAY BE OBTAINED
PRIOR TO COMMENCING WORK.
5. SURFACE WATER MANAGEMENT FEE IN AN AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH
SHERBURNE COUNTY.
6. ALL WETLANDS ON THE SITE BE DELINEATED AND WETLAND JOINT
NOTIFICATION FORM BE COMPLETED AND FILED.
7. DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY OVER THE
WETLANDS AND DRAINAGE DITCHES FOUND ON LOT 1 AND LOT 3.
8. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
9. THE EXISTING BUILDINGS, WHICH DO NOT COMPLY WITH THE SETBACK
REQUIREMENTS, BE REMOVED PRIOR TO RECORDING THE PLAT WITH
SHERBURNE COUNTY.
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COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Planning Commission Meeting Minutes
June 25, 1996
Page 4
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staff report by Scott Harlicker. Grace Assembly of God Church is requesting a
conditional use permit to construct a church on property located west of Co.
Rd. No. 13, approximately 150 feet southwest of the intersection of Tyler Street
and Co. Rd. No. 13, in a R1c (Single Family Residential) zone. The 9,100 square
foot church is proposed to seat 300 people and will have a 120 parking spaces
on a 25 acre lot. The church will be located in the eastern most portion of the
lot, adjacent to Co. Rd. No. 13 to allow for expansion of the church or residential
development of the remaining portion of the church's property which abuts
Royal Oaks Ridge Subdivision. Site plan issues were highlighted regarding
parking and access, landscaping and lighting, signage, and drainage and
utilities. Staff recommends approval of the conditional use permit with the
conditions outlined in the staff report.
Chair Dillon opened the public hearing. There being no comments from the
public, Chair Dillon closed the public hearing.
Pastor Mike Olson, Grace Assembly of God Church, indicated that if the church
expanded in the future, additional parking could be located in the northwest
portion of the property. Pastor Olson stated he had no problem with the staff's
recommendations.
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Commissioner Minton questioned how the property could be developed without
water and sewer, since it is located within the urban service district. Steve Ach
explained that only commercial and industrial development is restricted while
residential must have a minimum lot size of ten acres, which the church has.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE CONDITIONAL USE PERMIT REQUESTED BY GRACE ASSEMBLY OF
GOD CHURCH TO CONSTRUCT A CHURCH, PUBLIC HEARING CASE NO. cu 96-13,
BASED ON THE INFORMATION IN THE STAFF REPORT AND THE FACT THERE WAS NO
OPPOSITION FROM THE PUBLIC, SUBJECT TO THE FOLLOWING CONDITIONS:
1. ALL THE COMMENTS CONTAINED IN THE CITY ENGINEER'S LETTER DATED
JUNE 19, 1996 BE INCORPORATED INTO THE REVISED SITE PLAN.
2. REVISE THE SITE PLAN TO SHOW INTERIOR PARKING STALLS WITH
DIMENSIONS OF 9' X 20' AND THE ELIMINATION OF THE DEAD END PARKING
AISLES IN THE MAIN PARKING LOT.
3. LANDSCAPED ISLANDS SHALL BE INSTALLED AT THE NORTHERN END OF THE
TWO INTERIOR PARKING ROWS OF THE MAIN PARKING LOT AND AT THE END
OF THE PARKING ROW OF THE PARKING AREA ADJACENT TO THE CANOPY.
4. COMMENTS OF THE SHERBURNE COUNTY HIGHWAY DEPARTMENT BE
ADDRESSED ON THE SITE PLAN.
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5.
A SOUTH BOUND RIGHT TURN LANE INTO THE SITE BE PROVIDED FROM
COUNTY ROAD 13.
Planning Commission Meeting Minutes
June 25, 1996
Page 5
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6.
THE LANDSCAPING PLAN BE REVISED SO THAT 38 TREES ARE PROVIDED
WITH 19 OVERSTORY TREES, 10 CONIFEROUS TREES AND 10 ORNAMENTAL
TREES.
7. THE ASH AND SPRUCE TREES WHICH ARE PROPOSED IN THE AREA SHOWN
AS FUTURE EXPANSION BE RELOCATED TO THE FRONT OF THE CHURCH.
8. LOCATION AND DETAILS OF THE PARKING LOT LIGHTS BE PROVIDED AND A
LIGHT BE INSTALLED AT THE INTERSECTION OF THE CHURCH DRIVEWAY AND
COUNTY ROAD 13.
9. A 15 FOOT EASEMENT BE PROVIDED ALONG THE FRONTAGE OF COUNTY
ROAD 13.
10. THE PROPOSED MONUMENT SIGN WILL BE SET BACK 10 FEET FROM THE
PROPERTY LINE AND A SIGN PERMIT IS REQUIRED PRIOR TO INSTALLATION.
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Staff report by Steve Ach. Country Ridge Partnership is requesting preliminary
plat approval to subdivide approximately 30 acres located in the southwest
corner of Co. Rd. No. 30 and Joplin Street into 70 single family lots. The plat will
include a 3 acre neighborhood park. Lot sizes range from the 14,000 square foot
minimum lot size for the R1 d zone up to 35,000 square feet. The primary access
to the plat will be off Joplin. The lots shown on the plat which are located on
Macon and Riverview will most likely be served by city water and sewer in the
future and will not be included as part of the final plat until that time. Staff has
suggested that Joplin Street be upgraded to urban standards as part of the plat
approval. Staff recommends approval of the preliminary plat with the fourteen
conditions outlined in the staff report to the Planning Commission, with an
additional condition to include the Park and Recreation Commission
recommendations. Condition No.3 should be modified to state the conifers on
County Road No. 30 be a minimum of 6 feet in height.
John Boggart of John Oliver and Associates, representing the developer, stated
they will investigate the possibility of saving existing trees. Steve Ach noted that
there is a ditch between the two rows of trees which will make it difficult to save
trees when grading the site. Steve felt the trees in the park area would likely
remain, since no grading is planned for the site.
Discussion followed regarding pedestrian access to the plat off Macon and
Riverview Drive. Commissioner Minton suggested there be provisions made for
two pedestrian corridors, one at the southwest corner and another at the
northwest.
Chair Dillon opened the public hearing.
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Planning Commission Meeting Minutes
June 25, 1996
Page 6
Robert Hanson, 13569 Riverview Drive, expressed concern for the smaller lot sizes.
He suggested that a lot could be taken out along Riverview Drive and two lots
out on Macon to bring up the minimum lot size.
AI Sanudo, 13416 Riverview Drive, stated he was not in favor of having the rear
of some of the homes in the plat facing the street. Also, Mr. Sanudo questioned
why the lots along Macon and Riverview Drive were smaller. He stated he is not
opposed to city water and sewer being extended and asked why it can not be
done now.
Marlene Sanudo, 13416 Riverview Drive, expressed her concern that their
property values may be affected by the type of housing in the proposed plat.
Mike Heinecke, 18038 Macon street, stated there were covenants in the
Grandview Addition which required a substantial house size. He asked that
those covenants be considered for the homes which abut Macon street.
Gail Johnson, 18024 Macon street, expressed her concern that the landscaping
and trees may affect visibility at the intersections onto County Road No. 30. She
also expressed a concern for speeding on the county road.
There being no further comments, Chair Dillon closed the public hearing.
Chair Dillon stated the lot sizes in the proposed plat meet the minimum lot size
for the R1 d zoning district, and that the city cannot force the developer to
increase the lot size. He noted that the City does not enforce covenants and
that issue is between the homeowners and developers.
Steve Ach stated the landscaping will be kept away from the street intersections
so visibility is not obstructed.
Commissioner Kuester noted the reason the rear of the homes face County
Road No.3 is because the county restricts the number of accesses onto county
roads for safety and traffic flow.
Commissioner Minton stated the city cannot control the cost of housing as long
as the homes are built to building code requirements.
Chair Dillon stated the Planning Department could pass along the concern for
speeding on County Road No. 30 to Sherburne County.
John Boggart stated the developer was willing to provide a pedestrian access at
a centralized location in the plat. Mr. Boggart explained the level of housing in
the first phase would be approximately $125,000 - $130,000 and the 2nd and 3rd
phases would increase in value approximately $20,000, respectively. He further
explained the developer intends to match the quality of the surrounding existing
homes. In response to a question regarding the park, Mr. Boggart noted the
park would be turned over to the City for maintenance.
Discussion followed regarding the pedestrian access, and the possible extension
of city water and sewer.
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Planning Commission Meeting Minutes
June 25, 1996
Page 7
steve Ach explained a feasibility study for extending water and sewer will be
available for the City Council at the July 8, 1996, City Council meeting, and a
public hearing will likely be scheduled for the end of July or first part of August.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL BY COUNTRY
RIDGE, INC. (COUNTRY CROSSING 3RD ADDITION), PUBLIC HEARING CASE NO.
P 96-2, WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED JUNE 19,
1996, BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT,
DEVELOPMENT PLAN AND GRADING PLAN.
2. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF REQUIRED IMPROVEMENTS TO SERVE THE
DEVELOPMENT.
3. THE LANDSCAPING SHALL BE ACCORDING TO THE PLAN SUBMITTED BY THE
DEVELOPER, WITH THE EXCEPTION THAT THE CONIFERS SHALL BE A
MINIMUM OF 6 FEET IN HEIGHT.
4. THE FINAL PLAT SHOULD BE PREPARED ILLUSTRATING A RESTRICTED ACCESS
ALONG COUNTY ROAD NO. 30.
5.
A GRADING PLAN BE SUBMITTED FOR REVIEW AND APPROVAL BY THE CITY
ENGINEER PRIOR TO COMMENCING ANY WORK ON SITE.
6. PRIOR TO ISSUANCE OF BUILDING PERMITS, THE DEVELOPER'S ENGINEER
SHALL SUBMIT A LETTER CERTIFYING THE GRADING OF THE SITE HAS BEEN
DONE IN ACCORDANCE WITH THE APPROVED GRADING PLAN.
7. A DEVELOPMENT PLAN BE SUBMITTED ILLUSTRATING TYPES OF HOMES AND
LOWEST FLOOR ELEVATIONS BE APPROVED BY THE CITY ENGINEER PRIOR TO
ISSUANCE OF BUILDING PERMITS.
8. JOPLIN STREET BE UPGRADED TO AN URBAN SECTION FROM COUNTY ROAD
NO. 30 TO RIVERVIEW DRIVE.
9. A SIX FOOT SIDEWALK BE PROVIDED ALONG THE WEST SIDE OF JOPLIN
STREET AS PART OF THE IMPROVEMENTS TO JOPLIN STREET.
10. A STORM WATER MANAGEMENT IMPACT FEE BE PAID PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
11. PAYMENT OF SEALCOATING OF THE STREETS IN THE AMOUNT AS
DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RECORDING THE
PLAT.
12.
STREET LIGHTS BE PROVIDED THROUGHOUT THE PLAT AS REQUESTED BY ELK
RIVER UTILITIES. THESE STREET LIGHTS SHOULD BE MADE PART OF THE
IMPROVEMENTS TO THE PLAT.
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Planning Commission Meeting Minutes
June 25, 1996
Page 8
13.
APPROPRIATE PERMITS fROM SHERBURNE COUNTY SHALL BE OBTAINED fOR
ANY WORK TO BE DONE WITHIN COUNTY ROAD NO. 30 RIGHT-Of-WAY.
14. WATER AVAILABILITY CHARGE Of $300.00 PER LOT BE PAID TO ELK RIVER
UTILITIES PRIOR TO RELEASING THE PLAT fOR RECORDING.
15. THE PARK AND RECREATION COMMISSION'S RECOMMENDATIONS SHALL BE
INCLUDED IN THE REVISED PLANS.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Staff report by Steve Ach. Darren and Elizabeth Duffy are requesting a variance
to the minimum lot size in order to subdivide approximately 5 acres into two
single family lots. Because of the County's requirement for an additional 1 7 feet
of right-of-way, one of the lots, Parcel A, would then be less than the required 2-
1/2 acre minimum.
Steve Ach noted a letter has been received from the Duffy's neighbors, Michael
and Jeannie Bodnar, expressed their opposition to this request.
Staff recommends approval of the request based on the findings in the staff
report to the Planning Commission.
Chair Dillon opened the public hearing. There being no comments from the
public, Chair Dillon closed the public hearing.
Commissioner Kuester asked that staff investigate a simplified method of dealing
with these right-of-way variance requests.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL Of THE VARIANCE REQUEST BY DARREN AND ELIZABETH DUffY, PUBLIC
HEARING CASE NO. V 95-6, BASED ON THE fOLLOWING fiNDINGS:
1. THE INTENT Of THE R1 A MINIMUM LOT SIZE REQUIREMENT Of 2-1/2 ACRES IS
NOT DIMINISHED BY GRANTING THE REQUESTED VARIANCE.
2. LITERAL APPLICATION Of THE LOT SIZE REQUIREMENTS WOULD DEPRIVE THE
APPLICANT THE OPPORTUNITY fOR SUBDIVISION Of THE PROPERTY.
3. If THE ADDITIONAL 17 fEET Of RIGHT-Of-WAY ALONG ZEBULON WAS NOT
NEEDED, THE MINIMUM LOT SIZE COULD BE ACHIEVED.
4. THE VARIANCE Of .2 ACRES IS THE MINIMUM REQUESTED TO MEET THE
INTENT Of THE ORDINANCE.
5. THE VARIANCE WILL NOT ADVERSELY AffECT THE HEALTH, SAfETY OR
WELfARE Of THE COMMUNITY AND WILL BE IN KEEPING WITH THE CITY'S
PAST ACTIONS ON SIMILAR REQUESTS.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Planning Commission Meeting Minutes
June 25, 1996
Page 9
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Staff report by Steve Ach. Franchise Associates, Inc. is requesting a conditional
use permit for site plan review to construct a 4,515 square foot Arby' s/Sbarro' s
Restaurant on Lot 5, Block 2, Elk Park Center. The restaurant will include a drive-
thru lane leading up to two pickup windows. Staff is recommending
landscaping material be provided in the island areas located in the UPA
easement. Staff recommends approval of the request with the conditions listed
in the staff report.
Discussion followed regarding the canopies located above the pickup windows,
the width of the drive-thru lane, and the location of the directional signs off the
Arby's property.
The Commission discussed the wall signage along Freeport and felt this should
be changed to clearly identify the pickup windows. The Commission also
discussed the need to be consistent with the standards in Elk Park Center.
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Mark Windfall, Franchise Associates, Inc., explained they were willing to provide
landscaping in the island areas but that it would be difficult as well as costly to
have underground irrigation, since the area is covered with bituminous
surfacing. Mr. Windfall explained the purpose of the two pickup windows.
Scott Mower, 275 34th Street, St. Paul, architect for the project, explained there
may be a possibility of widening the radius for turning in the drive-thru lane. He
stated he may be able to move the building back 10 feet and to the east
9-1/2" .
COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY FRANCHISE ASSOCIATES, INC. FOR A CONDITIONAL
USE PERMIT FOR SITE PLAN REVIEW, PUBLIC HEARING CASE NO. CU 96-14, BASED
THE INFORMATION IN THE STAFF REPORT INCLUDING THE FOLLOWING CONDITIONS:
1. ALL OF THE COMMENTS OUTLINED IN THE MEMO DATED JUNE 25, 1996, TO
THE PLANNING COMMISSION BE INCORPORATED INTO THE REVISED SET OF
PLANS;
2. ALL OF THE COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED JUNE
19, 1996, BE INCORPORATED INTO THE REVISED SET OF PLANS;
3. FOUR SETS OF COMPLETE PLANS BE SUBMITTED TO THE BUILDING
DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A
BUILDING PERMIT;
4. LANDSCAPING BE INCLUDED IN THE PARKING/LANDSCAPING ISLANDS
WITHIN THE UPA EASEMENT JUST NORTH OF THE BUILDING.
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5.
ONE OFF-SITE DIRECTIONAL SIGN BE ALLOWED IDENTIFYING THE ENTRANCE
LANE TO ARBYS.
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Planning Commission Meeting Minutes
June 25, 1996
Page 10
6. NO SIGNAGE SHALL BE PERMITTED ON THE AWNINGS OVER THE PICKUP
WINDOWS.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Staff report by Kendra Lindahl. Phoenix Enterprises, LLC is requesting a
conditional use permit to locate a New Horizon Daycare center at 19280 Evans
Street, Lot 2, Block 1, Hillside Crossing South. Hours of operation, number of
children, traffic, landscaping and signage issues were highlighted. Staff
recommends approval of the conditional use permit with the two conditions
stated in the staff report.
Chair Dillon opened the public hearing. There being no comments from the
public, Chair Dillon closed the public hearing.
Commissioner Kuester suggested that a handicap parking stall and curb cut be
located closer to the daycare drop-off.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY PHOENIX
ENTERPRISES, LLC, PUBLIC HEARING CASE NO. CU 96.15, BASED ON THE
INFORMATION IN THE STAFF REPORT, THE FACT THERE WAS NO OPPOSITION DURING
THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS:
1. THE LANDSCAPE/SITE PLAN AS SUBMITTED BY BLUMENTALS ARCHITECTURE,
INC. SHALL BE ADOPTED AND INCLUDED AS PART OF THIS APPLICATION.
2. ONE WALL SIGN WILL BE ALLOWED FOR THE DAYCARE FACILITY. THE
APPLICANT MUST RECEIVE A SIGN PERMIT PRIOR TO PLACING ANY SIGNS
ON THE PROPERTY.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Staff report by Scott Harlicker. The City of Elk River has requested amending
Section 900.08 and Section 900.12 of the City's zoning ordinance to include a
definition for Animal. Nutrition and Agricultural Research and include it as a
conditional use in the R 1 A and A 1 zoning districts.
In 1995, a conditional use permit was granted to Cargill for a feedlot. Scott
described the difference between a feedlot and the Cargill Animal Nutrition
Center. Staff recommends approval of an ordinance which better describes
Cargill's operations, as presented in the staff report to the Planning Commission.
Planning Commission Meeting Minutes
June 25, 1996
Page 11
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Chair Dillon opened the public hearing.
Greg Fontaine of Dorsey and Whitney, representing Cargill, explained the
background of Cargill's interest in the subject ordinance amendment. Mr.
Fontaine stated Cargill is in favor of the ordinance amendment but feels the use
should be included in the 1-1 zone as well. If the use were allowed in the 1-1
zone, Cargill would then be a conforming use on all of their property. He felt
this was a reasonable solution for both the City and Cargill. Mr. Fontaine stated
that Cargill was not notified when their property was rezoned, making portions
of their operation non-conforming. He indicated he is not aware how the area
was determined for the feedlot permit.
steve Ach explained that a site plan was presented at the time the feedlot
permit was being considered, identifying the research facility. However, the
legal description which accompanied this request encompassed a larger area.
The City approved the permit with the understanding that only the area shown
on the feedlot was being included. Steve explained that a portion of Cargill's
property was included in the urban service district and it was not intended to
include the feedlot. He suggested that if it is the intention of Cargill to expand
the feedlot, the portion included in the urban service district be taken out.
Steve explained that the City is attempting to meet Cargill's needs both now
and in the future and have reduced the amount of Cargill's property included
in the urban service area.
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Discussion followed regarding whether or not animal. nutrition and agricultural
uses were appropriate in the 1-1 zoning district.
Mr. Fontaine felt the definition is so restrictive, the chance of an animal research
facility being located in an 1-1 zone is very remote.
There being no further comments from the public, Chair Dillon closed the public
hearing.
The Planning Commissioners discussed whether or not to include the use in the 1-
1 zone, as well as the possibility of creating a new zoning district.
steve Ach explained that Cargill's existing facility is conforming, and if the
rezoning were to be approved, Cargill would still be a confoming use. If the
agri-business was not allowed in the industrial, they would not be able to
expand the feedlot portion in the industrial zoned portion of their property. He
felt that it would not be appropriate to expand the agricultural aspect of their
business into the industrial zone; however, any research or offices could be
included in the industrial area.
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COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CITY OF ELK
RIVER'S REQUEST FOR AN ORDINANCE AMENDMENT, AMENDING SECTION 900.08
AND 900.12, AND 900.14 OF THE CITY'S ZONING ORDINANCE, PUBLIC HEARING
CASE NO. OA 96-9. COMMISSIONER TACHENY SECONDED THE MOTION. THE
MOTION CARRIED 5-2. COMMISSIONERS KUESTER AND DILLON OPPOSED.
Planning Commission Meeting Minutes
June 25, 1996
Page 12
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Chair Dillon requested that a letter from Mr. Greg Fontaine be entered into the
record.
staff report by Scott Harlicker. The City of Elk River has requested a rezoning of
approximately 60 acres located in the east half of the Northeast Quarter of
Section 14, lying north of Highway 10 and south of 165th Avenue from R 1 a to 1-1.
Scott explained this request was tabled because of the concern for the impacts
on the Cargill Animal Nutrition Center. Staff recommends approval of the
rezoning based on the findings in the staff report.
Chair Dillon opened the public hearing.
Mr. Greg Fontaine of Dorsey and Whitney, stated Cargill has not changed the
nature of their operations and they do not support the change include portions
of their property in the urban service district. He asked that all information
included in the documents they submitted be included in the record for this
matter as well.
There being no further comments from the public, Chair Dillon closed the public
hearing.
.
COMMISSIONER THOMPSON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REZONING REQUEST BY THE CITY OF ELK RIVER, PUBLIC HEARING
CASE NO. ZC 96-10, BASED ON CARGILL'S COMMENTS AND INFORMATION IN THE
STAFF REPORT TO THE PLANNING COMMISSION INCLUDING THE FOLLOWING
FINDINGS:
1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF LI (LIGHT INDUSTRIAL)
2. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT AN EXTENSION OF
INDUSTRIAL DEVELOPMENT OPPORTUNITIES ALONG HIGHWAY 169/10.
3. THE PROPOSED REZONING IS CONSISTENT WITH THE RECENT EXPANSION OF
THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING INDUSTRIAL
LAND WITHIN THE URBAN SERVICE AREA.
4. THE PROPERTY IS LOCATED ALONG 165TH AVENUE, WHICH IS CLASSIFIED AS
A COLLECTOR, AND HIGHWAY 10, WHICH IS CLASSIFIED A MAJOR
ARTERIAL, PROVIDING FOR ADEQUATE TRANSPORTATION NEEDS REQUIRED
FOR INDUSTRIAL DEVELOPMENT.
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Planning Commission Meeting Minutes
June 25, 1996
Page 13
staff report by Scott Harlicker. The City of Elk River is requesting an ordinance
amendment to Section 900.08 and 900.12 relating to definitions, light industrial
and medium industrial uses, and highway commercial uses. Scott provided a
summary of the changes, as outlined in the staff report. Staff recommends
approval of the ordinance amendment.
Chair Dillon opened the public hearing. There being no comments from the
public, Chair Dillon closed the public hearing.
COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE ORDINANCE AMENDMENT, PUBLIC HEARING CASE NO. OA 96-
4, WITH THE FOLLOWING ADDITIONS:
ALL CONDITIONAL, ACCESSORY AND PERMITTED USES IN THE 1-1 ZONE BE
INCLUDED IN THE 1-1 ZONING DISTRICT;
ANIMAL, NUTRITION AND AGRICULTURAL RESEARCH FACILITIES BE INCLUDED IN THE
1-1 AND 1-2 ZONING DISTRICT.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Chair Dillon informed the Planning Commission that he will be resigning from his
position as Planning Commission Chair, effective July 1, 1996. Chair Dillon noted
he is getting married, has sold his home and will be moving to Milaca.
There being no further business, COMMISSIONER SULLIVAN MOVED TO ADJOURN THE
MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED
7-0.
The meeting of the Elk River Planning Commission adjourned at 11 :20 p.m.
Respectfully submitted,
&.~~.
Debbie Kleckner
Recording Secretary