08-22-1995 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, AUGUST 22, 1995
Members Present:
Chair Kuester, Commissioners Dillon, Kreger, Minton, Tacheny
Sullivan and Thompson.
Members Absent:
None
Staff Present:
Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant,
Stephen Rohlf, Building and Zoning Administrator; 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 p.m. by Chair Kuester.
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The following items were added to the August 22, 1995 Planning Commission
Agenda:
City purchase of tax forfeited property - Steve Rohlf
6.2. - Minnesota State Training Session
6.3. - Scheduling of Comprehensive Plan Public Hearing
COMMISSIONER TACHENY MOVED APPROVAL OF THE AUGUST 22, 1995 PLANNING
COMMISSION AGENDA AS AMENDED. COMMISSION THOMPSON SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
The following correction was noted in "Members Present/Members Absent:"
Add Comissioner Sullivan to "Members Present" and delete Commissioner Kreger
from "Members Present" and add to "Members Absent".
COMMISSIONER MINTON MOVED APPROVAL OF THE JULY 25,1995 PLANNING
COMMISSION MINUTES AS AMENDED. COMMISSIONER TACHENY SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
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Commissioner Kreger is scheduled to attend the September 18, 1995 City
Council meeting.
Planning Commission Minutes
August 22, 1995
Page 2
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Staff report by Steve Rohlf. The Shiely Company is requesting the land use and
zone change to accommodate a concrete ready mix plant. Steve Rohlf
explained that staff has interpreted a rezoning to medium industrial would be
required, since concrete product processing is specifically identified under the 1-
2 zone in the city code of ordinances. Steve further explained that the mineral
overlay section of the ordinance does allow facilities related to mineral
excavation, therefore, the argument could be made that the concrete plant is
a related use.
Steve Rohlf explained that the Steering Committee has recommended that the
area adjacent to the subject property remain 1-2 and this request would be an
extension of the 1-2.
Bob Bireaugle, representing the Shiely Company, stated that he felt concrete
processing was a related use to the existing mining operation could be
considered an interim use. However, he did not feel the land use and zone
change would be a disadvantage to the Shiely Company.
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COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION PROCEED
WITH THE LAND USE AND ZONE CHANGE PUBLIC HEARING. COMMISSIONER
SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Chair Kuester opened the public hearing.
Steve Leniger, 380 3rd Street, stated he was general manager of AME Concrete,
questioned whether or not Mr. Bireaugle had a tenant in mind and whether or
not the ready mix plant would continue operation after the gravel mining
ceased. Mr. Bireaugle stated the Shiely Company did have a tenant and that
its was possible the ready mix operation would continue for a period of time,
after the gravel mining was completed.
Chair Kuester closed the public hearing.
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE LAND USE CHANGE FROM A TO MI, PUBLIC
HEARING CASE NO. LUA 95-7, CITING THAT CIRCUMSTANCES HAVE CHANGED
SINCE THE COMPREHENSIVE PLAN WAS ADOPTED, THE LEGAL INTERPRETATION
FROM THE CITY ATTORNEY REGARDING THE USE, AND FARMING OPERATIONS HAVE
CEASED. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED
6-0.
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COMMISSIONER SULLIVAN MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE ZONE CHANGE REQUEST BY THE SHIELY
COMPANY FROM A-l TO 1-2, PUBLIC HEARING CASE NO. ZC 95-7, CITING THAT
CIRCUMSTANCES HAVE CHANGED SINCE THE COMPREHENSIVE PLAN WAS
ADOPTED, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC
Planning Commission Minutes
August 22, 1995
Page 3
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HEARING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
Commissioner Kreger abstained from discussion and voting on this issue.
Staff report by Steve Rohlf. The Shiely Company is requesting an amendment to
an existing conditional use permit for mineral excavation to allow the
placement of a concrete ready mix plant within their existing pit.
Steve Rohlf reviewed two conditions to be added to the conditional use permit
proposed by staff. Discussion followed regarding whether or not there was a
need for further conditions.
Chair Kuester opened the public hearing.
Brad Gabowski, 11631 219th Avenue NW, questioned whether or not there would
be a significant increase in traffic, and also, days and hours of operation.
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Steve Rohlf stated the hours of operation would be 7 a.m. to 7 p.m., Monday
through Saturday, with the exception that sales may occur outside the normal
hours on a temporary basis not to exceed 7 days. An example of this would be
a major road project that required working during the nighttime hours in order to
accommodate traffic.
Bob Bireaugle explained that the truck traffic would be similar to the existing
traffic from the gravel mining, but that business may increase and he could not
predict the affect on truck traffic.
Steve Rohlf stated there were acceleration and deceleration lanes on the
highway. He stated that the subject site was an ideal location for the ready mix
operation.
Steve Ach questioned whether or not the operation would be seasonal. Mr.
Bireaugle stated that initially it would be seasonal. but if a significant winter job
was acquired, they may consider insulating the plant for winter operation.
Chair Kuester closed the public hearing.
Discussion followed regarding the number and size of trees. Bob Bireaugle
explained that Shiely plans include planting 50 spruce and pine trees of mixed
sizes on the existing berm along Highway 169. 20 trees will be as large as 8-10'
and the remaining would vary in size from seedlings to 2 - 3 year old transplant
stock. The trees would be randomly planted to provide a natural looking screen
for the proposed ready mix concrete facility. Mr. Bireaugle stated the trees are
proposed to be planted in late 1995 and early 1996.
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COMMISSIONER TACHENY MOVED THE PLANNING RECOMMEND APPROVAL OF
THE CONDITIONAL USE PERMIT AMENDMENT REQUEST BY THE SHIELY COMPANY
FOR A CONCRETE READY MIX PLANT, PUBLIC HEARING CASE NO. CU 95-17, WITH
Planning Commission Minutes
August 22, 1995
Page 4
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THE ADDITION OF THE FOLLOWING CONDITIONS TO THE EXISTING CONDITIONAL
USE PERMIT:
1. PLANTING 50 SPRUCE AND PINE TREES OF MIXED SIZES ON THE EXISTING
BERM ALONG HIGHWAY 1691N 1995 OR EARLY 1996. AT LEAST OF 20 OF
THE TREES SHALL BE AT LEAST 8 TO 10 FEET HIGH AND THE REMAINING 30
TREES SHALL BE A MINIMUM OF 2 FEET HIGH.
2. THAT SIGNAGE FOR THE READY MIX PLANT BE ALLOWED AS PER THE 1-2
ZONE. IN ADDITION, NO BILLBOARDS SHALL BE ALLOWED ON THIS
PROPERTY.
3. THE "OPERATION" IS REDEFINED IN THE CONDITIONAL USE PERMIT TO
INCLUDE THE READY MIX PLANT.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Staff report by Gary Schmitz. Dennis Booth is requesting a .25 acre lot area
variance to the minimum lot size of 10 acres for the A-1 (Agricultural
Conservation) district. The subject property is located north of 213th Avenue
west of Jarvis Street. The request is a result of Mr. Booth's application for an
administrative subdivision to divide a 20 acre parcel into two 10 acre parcels
which will be going before the Council on September 18th. The two parcels do
not meet the minimum lot size of 10 acres due to the road right of way.
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Gary Schmitz explained that 3 similar requests have been approved by the City.
Chair Kuester opened the public hearing.
Alvin Froehlich, 21404 Jarvis Street, expressed concern that the wetland on the
property may have been created by a plugged ditch tile. Gary Schmitz noted
that staff would research the wetland, but that the wetland should not interfere
with development of the site.
Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF VARIANCE REQUEST BY DENNIS BOOTH, PUBLIC HEARING CASE NO.
V 95-7, BASED ON THE FINDINGS IN STAFF'S MEMO AS FOLLOWS:
1. THE INTENT OF THE MINIMUM LOT STANDARDS SET FORTH IN THE A-1
ZONING DISTRICT IS TO ALLOW LARGE 10 ACRE SUBDIVISIONS WITH A
DENSITY OF 4 UNITS PER 40 ACRES.
2. LITERAL ENFORCEMENT OF THE LOT AREA REQUIREMENTS IN THIS
PARTICULAR CASE WOULD GO BEYOND THE INTENT OF THE ORDINANCE.
LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT
FULL USE OF THE PROPERTY.
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Planning Commission Minutes
August 22, 1995
Page 5
3.
THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH,
SAFETY OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE
SPIRIT AND INTENT OF THE ORDINANCE.
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AND ALSO, THE FACT THAT THE SUBJECT PROPERTY WAS ORIGINALLY PART OF A 40
ACRE PARCEL WHICH WAS REDUCED BY THE ROAD RIGHT OF WAY.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Chair Kuester requested staff to research similar variances to determine if a
code amendment could be considered to address these situations.
6.2. City Purchase of Tax Forfeited Land
Staff report by Steve Rohlf. The following tax forfeited parcels are
recommended for purchase by the city:
1. Parcel located at Ogden Street and 196th Avenue. Tax forfeit price is
$1,250, which is special assessments owed to the city. The parcel would
be used for drainage.
2. Outlot A, Ridgewood East, is located at Highland Road and Proctor
A venue. The parcel presently serves as a drainage easement in the
area. Purchase price is $581.95. $42.41 of this price is for a sanitary
sewer interceptor assessment levied by the city.
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3.
Lot 13, Block 1, Meadow Park is located in a park service area that has
has no current park. Purchase price is $16,500. Steve Rohlf noted that
there is no other suitable property in this area for a park.
Steve reported that State Statute requires that the Planning Commission review
purchases of tax forfeit land by cities to ensure the proposed use is in
conformance with the comprehensive plan.
COMMISSIONER MINTON MOVED THAT ACCORDING TO THE PLANNING
COMMISSION'S INTERPRETATION, THE THREE TAX FORFEITED PARCELS PROPOSED
FOR PURCHASE BY THE CITY ARE IN KEEPING WITH THE CITY OF ELK RIVER'S
COMPREHENSIVE PLAN. COMMISSIONER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 7-0.
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Staff report by Steve Ach. The City of Elk River is requesting the following
applications for a parcel owned by the City of Elk River located at the northwest
corner of Highway 169 and 193rd Avenue:
Planning Commission Minutes
August 22, 1995
Page 6
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A.
A comprehensive land use plan amendment changing the land use
designation from MR (Medium Density Residential) to HB (Highway
Business) .
B. Rezoning from R1 c (Single Family Residential) to C3 (Highway
Commercial) .
C. Preliminary plat to plat a 3 acre parcel into one commercial lot.
Discussion was carried on regarding possible uses for the site. Members of the
Planning Commission expressed concern for preservation of the tree line to
buffer the neighboring residences from the commercial development.
Discussion followed regarding the possibility of splitting the property into two
parcels to prevent a future property owner from developing the site beyond the
trees.
COMMISSIONER KREGER MOVED TO TABLE CONSIDERATION AND THE PUBLIC
HEARING FOR THE FOLLOWING ITEMS, TO ALLOW STAFF TIME TO RESEARCH A
SECONDARY PROPOSAL TO SPLIT THE PARCEL INTO TWO LOTS; REZONING THE
SOUTHERN LOT FROM R1C TO C3, AND LEAVING THE NORTHERN LOT AT ITS PRESENT
R1C ZONING:
5.5. CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR TO HB),
PUBLIC HEARING CASE NO. LUA 95-6,
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5.6. CITY OF ELK RIVER REQUEST FOR ZONE CHANGE (Rl C TO C3), PUBLIC
HEARING CASE NO. ZC 95-6,
5.7. CITY OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL, PUBLIC
HEARING CASE NO. P 95-4,
AND, THAT THE PUBLIC HEARING ON THESE ITEMS BE RE-ADVERTISED AND
RESIDENTS WITHIN 350 FEET BE RE-NOTIFIED OF THE PUBLIC HEARING BY LETTER.
COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
A letter was received from Jeff Gongoll of Phoenix Enterprises, stating his support
for the City's request to establish the plat, land use and zoning designations for
the subject property.
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Staff report by Gary Schmitz. The City of Elk River is requesting an amendment
which would change the rear yard setbacks for principal structures in the R 1 c
and R 1 b zoning districts to 25 feet. Staff felt the existing 10 - 15 foot rear yard
setback would not provide an adequate buffer if a parcel were fully developed
to the rear setback line. Gary noted that in surveying other cities, Elk River had
the smallest rear yard setback.
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Planning Commission Minutes
August 22, 1995
Page 7
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Gary provided a sketch which demonstrated that a 25 foot rear yard setback
would not jeopardize the placement of a building or home on the property.
Commissioner Kreger questioned if the 25 foot rear yard setback may be
excessive for terrain such as that found on the Brady property. Steve Ach
explained that setbacks would be considered during the plat review process
and adjustments in lot depth could be made at that time. Commissioner Kreger
expressed concern that changing the rear yard setback may cause problems
for a developer that he may not have had with the existing rear yard setback.
Steve Ach explained that if a developer were faced with a unique situation on a
particular lot, a variance could be pursued.
Further discussion followed regarding various shaped lots and how the proposed
ordinance amendment may impact development.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF ORDINANCE NO. 95-_, AN ORDINANCE AMENDING SECTION
900.18 OF THE CITY OF ELK RIVER CODE OF ORDINANCES SCHEDULE OF
DIMENSIONAL REGULATIONS, PUBLIC HEARING CASE NO. OA 95-13, WITH THE
FOLLOWING CHANGE:
-20 FOOT REAR YARD SETBACK IN THE R1C ZONING DISTRICT
-25 FOOT REAR YARD SETBACK IN THE R1 B ZONING DISTRICT
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COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Staff report by Gary Schmitz. The City of Elk River is requesting an ordinance
amendment which would add a 5' driveway setback from side and rear
property lines in single family zoning districts. Gary explained that in researching
other cities' ordinances, he could not find any cities which had a definition for a
driveway.
Discussion followed regarding possible definitions for "driveway".
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF ORDINANCE NO. 95-_, AN ORDINANCE AMENDING SECTION
900.24 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO PARKING
AND LOADING REGULATIONS, PUBLIC HEARING CASE NO. OA 95-10, WITH THE
EXCEPTION WHERE COMMON DRIVEWAYS ARE UTILIZED. COMMISSIONER
TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0.
It was the consensus that there was no need for a driveway definition.
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Planning Commission Minutes
August 22, 1995
Page 8
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Steve Ach stated that Bill Rubin has requested the Planning Commission review
and approve the resolution attached to Bill's memo to them dated August 22,
1995.
COMMISSIONER KREGER MOVED TO APPROVE RESOLUTION 95-1, A RESOLUTION
OF THE ELK RIVER PLANNING COMMISSION FINDING THE ECONOMIC
DEVELOPMENT AUTHORITY'S TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO. 13 LOCATED WITHIN DEVELOPMENT DISTRICT
NO.1 IS CONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE CITY OF ELK RIVER,
WITH THE FOLLOWING ADDITIONS:
1. THE TAX INCREMENT FINANCING DISTRICT IS LOCATED WITHIN THE
BUSINESS PARK ZONING DISTRICT, WITH AN UNDERLYING LAND USE OF
LIGHT INDUSTRIAL.
2. THE PROPOSED PROJECT'S USE IS CONSISTENT WITH THE USES FOUND IN THE
BUSINESS PARK ZONING ORDINANCE.
3. THE BUSINESS PARK (COUNTRY CROSSING BUSINESS CENTER) HAS WATER
AND SEWER AVAILABLE TO THE SITES.
4.
THE BUSINESS PARK (COUNTRY CROSSING BUSINESS CENTER) IS
ADEQUATELY SERVED BY A TRANSPORTATION SYSTEM THAT IS DESIGNED TO
ACCOMMODATE MANUFACTURING USES AND ASSOCIATED INDUSTRIAL
TRAFFIC.
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COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0.
The Planning Commission requested that in the future, staff provide a
recommendation for these types of requests.
steve Ach suggested that in lieu of a regular planning workshop, a mobile
workshop for the Planning Commissioners could be held, visiting various projects
in Elk River, or possibly an industrial park or unique residential area in another
community. A date will be determined by polling the Planning Commissioners
for a mobile workshop in September.
The planning Commissioners were asked to turn in their registration forms for the
State Planning Conference.
6.3.
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The Planning Commission discussed the possibility of holding the public hearing
at one of the schools if a large crowd is expected. October 26 was tentatively
scheduled for the public hearing, and October 25th was a second choice.
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Planning Commission Minutes
August 22, 1995
Page 9
There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN
THE MEETING. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
The meeting of the Elk River Planning Commission adjourned at 9:45 p.m.
Respectfully submitted,
fJMe' 1{~
Debbie Kleckner
Planning Secretary