04-26-1994 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, APRIL 26,1994
Members Present:
Chairman Tveite, Commissioners Eberley, Kuester, and Minton
Members Absent:
Commissioners Carr, Kreger, and Tacheny
staff Present:
Steven B. Ach, City Planner, Peter Beck, City Attorney, Terry
Maurer, City Engineer, Catherine Schmidt, 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 Chairman Tveite.
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COMMISSIONER MINTON MOVED TO APPROVE THE 4/26/94 PLANNING
COMMISSION AGENDA. COMMISSIONER EBERLEY SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
Chairman Tveite noted that the vote status should be corrected from 5-0 for items
8,11, 12, and 13 to 6-0.
COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 3/22/94 PLANNING
COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
Commissioner Eberley added that she requested specific information be added
to the packets. The minutes will be changed to reflect: Commissioner Eberley
stated that the Planning Commission would like more detailed information
included in the packets (such as a copy of the PUD Agreement, a copy of the
Developers Agreement, etc.) when considering items this complex in nature.
COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 3/29/94 PLANNING
COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
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COMMISSIONER MINTON MOVED TO APPROVE THE 4/14/94 PLANNING
COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
Planning Commission Minutes
April 26, 1994
Page 2
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It was indicated Commissioner Minton would attend the 5/2/94 and 5116194 City
Council meetings to be held at Elk River City Hall.
Staff report presented by Steve Ach. Upon review by the applicant of the
ground water conditions on the property, it was determined that the plat, as
originally prepared, is not feasible at this time. Therefore, Joyce Mickelson
requested the application be withdrawn.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
COMMISSIONER EBERLEY MOVED TO RECOMMEND WITHDRAWAL OF THIS REQUEST.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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Staff report presented by Steve Ach. The applicant requested a conditional use
permit to construct an auto mall immediately north of Burger Time on the west
side of Carson Street. Mr. Ach expressed staff's concern regarding the traffic that
is presently occurring on Carson Street, in addition to the increased traffic
generated by the proposed development. Therefore, staff is recommending this
item be tabled to the May 24, 1994, Planning Commission meeting.
COMMISSIONER MINTON MOVED TO CONTINUE THIS REQUEST UNTIL THE MAY 24,
1994, PLANNING COMMISSION MEETING. COMMISSIONER KUESTER SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
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Staff report presented by Steve Ach. Consider rezoning approximately fifteen (15)
acres from 11 (Light Industrial) to RIb (Single Family Residential). This item was
presented to the Planning Commission at their March 22, 1994 meeting, at which
time the Commission delayed action until further information was received. This
information included an update from Economic Development Coordinator Bill
Rubin pertaining to potential financial programs available to Custom Motors and
a current legal opinion from the City Attorney. The requested information was
presented to the Planning Commission at this meeting.
Jack Engberg, Attorney, 700 Title Insurance Building, Minneapolis, MN, stated he
represents Clinton Olson (property owner). Mr. Engberg continued that if this
request is approved, it will present penalties and losses to all parties involved. Mr.
Engberg concluded stating his client feels this action is unfair, illegal, and will
result in litigation. Mr. Engberg stressed Mr. Olson's opposition.
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Mike Boelter, 600 Highway 10, Elk River, MN, pointed out that the current zoning
map is inaccurate and stated that he feels he is being penalized for the City's
Planning Commission Minutes
April 26, 1994
Page 3
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mistake. Mr. Boelter indicated that it would be very difficult to relocate this type
of business (and his own business) and expressed his opposition to this request.
Jerry Gallati, 18738 Queen Street, Elk River, MN, discussed the zoning of the
original survey. Mr. Gallati informed the Commission that there are approximately
15 jobs at stake with this rezoning request and expressed his opposition to this
request. Also, Mr. Gallati asked if the City has given consideration to where cars
would be towed to if this rezoning is approved.
Sandra Roy, 28008-152nd Street, Elk River, stated that they would be financially
ruined if this request is approved. Mrs. Roy expressed her concern about
relocating and iterated her opposition to the zone change.
There being no further comments, Chairman Tveite closed the public hearing.
Commissioner Kuester asked Mr. & Mrs. Roy for the date they purchased the
property from Mr. Olson. Mrs. Roy stated that is was in 1985. Commissioner
Kuester explained that the first consideration given to rezoning this parcel was in
1983 according to a memo on file from Peter Beck, and expressed her concerns
that the Roy's were not told of the possible rezoning request.
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Bob Miller, Attorney for Mr. & Mrs. Roy arrived late and asked to have an
opportunity to address the Commission. Chairman Tveite asked Mr. Miller to state
his name and address for the record and to continue. Bob Miller, 9405-36
Avenue N, New Hope, MN. Mr. Miller stated that his clients are strongly opposed
to this request. Further, they did not feel this request would be economically
feasible to develop this parcel as residential.
Commissioner Eberley asked staff to update the Commission on the status of
Custom Motor's conditional use permit. Mr. Ach replied that Custom Motors is not
in compliance with their conditional use permit.
Commissioner Minton addressed Mr. & Mrs. Roy iterating that it was unfortunate
they were not informed of the proposed rezoning at the time they purchased the
property in 1985, however, the intended rezoning has been in process for quite
some time.
Discussion ensued among the Commissioners. Peter Beck stated the Planning
Commission should be considering only the issue of rezoning as it relates to the
Comprehensive Land Use Plan.
Chairman Tveite stated the action plan discusses in previous years was supposed
to be a joint effort, however, current documentation does not show that a joint
effort has been made. Chairman Tveite addressed the Commission regarding the
role of the Planning Commission regarding this request.
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COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REZONING
REQUEST BY THE CITY OF ELK RIVER TO REZONE APPROXIMATELY FIFTEEN (15) ACRES
FROM 11 (LIGHT INDUSTRIAL) TO R1 B (SINGLE FAMILY RESIDENTIAL), PUBLIC HEARING,
CASE NO. ZC 94-02, CITING STAFF'S MEMO AND PUBLIC TESTIMONY AS FINDING OF
FACT. APPROVAL IS RECOMMENDED BASED ON THE FOLLOWING FINDINGS:
Planning Commission Minutes
April 26, 1994
Page 4
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1.
THE REZONING TO R1 B IS IN COMPLIANCE WITH THE ADOPTED
COMPREHENSIVE LAND USE PLAN MAP DESIGNATION OF MDR (MEDIUM
DENSITY RESIDENTIAL) AND HAS BEEN IDENTIFIED ON THE COMPREHENSIVE
LAND USE PLAN SINCE 1980.
2. THE INCREASED DEVELOPMENT INTEREST IN THE WESTERN PART OF THE
COMMUNITY SIGNIFIES A CHANGE IN THE TIMES AND CONDITIONS WHEREBY
THE CITY NEEDS TO CONSIDER ESTABLISHING APPROPRIATE LAND USE AND
ZONING DESIGNATIONS FOR COMPATIBLE DEVELOPMENT TO OCCUR.
3. THE REQUESTED REZONING OF THE FIFTEEN (15) ACRE PARCEL WILL ESTABLISH
CONTINUITY AND COMPATIBILITY WITH THE EXISTING SINGLE FAMILY HOMES
THAT CURRENTLY EXIST ON BOTH THE EAST AND WEST SIDES OF THE SUBJECT
PROPERTY AND ELIMINATE THE INTRUSION OF LIGHT INDUSTRIAL ZONING
FROM THIS AREA.
4. BASED ON RECENT ENVIRONMENTAL ASSESSMENT OF THE PROPERTY, SOME
SAMPLING AND ANALYTICAL TESTING HAS INDICATED A POTENTIAL HEALTH
AND SAFETY CONCERN FOR NEIGHBORING PROPERTIES AND FUTURE
DEVELOPMENT CONSIDERATIONS.
APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITION:
1. THE CITY COUNCIL CONSIDER PURCHASING THE PROPERTY AT ITS CURRENT
VALUE OR EXTEND THE AMORTIZATION PERIOD AS NECESSARY, IF THERE IS
SOME FINANCIAL MECHANISM THAT WOULD MAKE THIS POSSIBLE.
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Commissioner Eberley suggested the term "purchase" in the above condition be
considered and discussed before the motion is seconded. Discussion ensued.
Commissioner Minton changed the condition to read:
1. THE CITY COOPERATE WITH THE APPLICANT AND GIVE CONSIDERATION TO
ACHIEVING A FINANCIAL SOLUTION TO THIS SITUATION.
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Due to time conflicts for City Engineer Terry Maurer, Steve Ach requested agenda item 9
be considered next. Chairman Tveite agreed.
Staff report presented by Steve Ach. Kraus Anderson requested a conditional use
permit to construct a bus terminal which would be owned and operated by Bill
Dickenson, and to have multiple principle buildings on one lot.
.
John Bogart, John Oliver & Associates, addressed the Commission regarding
several issues: 1) Kraus Anderson would like to build the proposed bus terminal as
designed; 2) Agreed to leaving Pond B a "wet" pond; 3) if curb & gutter is
extended in the parking area, they may have to remove additional trees; 4) they
would like to leave the chain link fence as proposed and not moved; and 5)
agree to installing trees along the drive and County Road NO.1.
Planning Commission Minutes
April 26, 1994
Page 5
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Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
Commissioner Minton asked Mr. Dickenson about signage. Mr. Dickenson replied
that signage would be as per City code. Commissioner Minton asked Mr. Maurer
why an 8-inch water line was suggested in his memo versus a 6-inch line. Mr.
Maurer replied that the request was suggested by Bob McCartney because it is
likely that they will loop the water line in the future. Mr. Bogart asked the
Commission if the City would consider partial payment regarding this water line.
Terry Maurer responded that an 8-inch water line is considered standard,
therefore, the City would not consider any financial responsibility for requesting
the water lines be 8 inches.
Commissioner Eberley asked Mr. Bogert to explain some issues regarding
drainage. Mr. Bogert responded.
Chairman Tveite stated that he would like to see the chain link fence around the
property remain as proposed to ensure safety due to the close proximity of
Meadowvale School.
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Steve Ach responded to Mr. Bogart's comments regarding possibly having to
remove additional trees if the parking lot is extended. Mr. Ach stated that due to
the amount of hard surface, staff did not feel that any additional parking stalls
would need to be provided. Mr. Bogart requested a surmountable curb due to
increased difficulty when snow plowing, etc. Terry Maurer explained that
surmountable curbis typically used in residential areas. In commercial and
industrial B612 is preferred to facilitate drainage, protect landscaped areas, and
aesthetics.
COMMISSIONER MINTON RECOMMENDED APPROVAL OF THE CONDITIONAL USE
PERMIT REQUEST BY KRAUS ANDERSON TO CONSTRUCT A BUS TERMINAL AND TO
HAVE MULTIPLE PRINCIPLE BUILDINGS ON ONE LOT, PUBLIC HEARING, CASE NO. CU
94-13, CITING STAFF'S MEMO AS FINDING OF FACT. THE REQUEST MEETS THE SEVEN
STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT WITH
THE COMPREHENSIVE PLAN. APPROVAL IS RECOMMENDED WITH THE FOLLOWING
CONDITIONS:
1. THE DRAINAGE PLAN BE REANAL YSED TO MEET THE REQUIREMENTS OF BEST
MANAGEMENT PRACTICES BY INCREASING THE DEPTHS OF THE PONDS TO
INCLUDE A NORMAL POOL ELEVATION TO ASSIST WITH THE SETTLING OUT OF
MATERIAL CONTAINED WITHIN THE RUN-OFF.
2. AN EROSION PROTECTION PLAN BE REQUIRED FOR THE OUTLET FROM POND
B.
3. THE STORM SEWER INLET INTO POND A SHOULD INCLUDE CATCH BASINS AND
SMALL DIAMETER PIPES.
4. A TEMPORARY/PERMANENT EROSION CONTROL PLAN SHALL BE REQUIRED
AND APPROVED PRIOR TO CONSTRUCTION.
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Planning Commission Minutes
April 26, 1994
~ Page 6
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5.
B612 CONCRETE CURB AND GUTTER BE EXTENDED TO MEET THE BUS GARAGE
AND OFFICE BUILDING.
6. THE WETLAND LOCATED AT THE SOUTH END OF THE SITE BE DELINEATED ON
THE SITE PLAN.
7. SIGNAGE BE ARCHITECTURALLY COMPATIBLE WITH THE BUILDING.
8. THREE STAGGERED ROWS OF SCOTCH PINE WITH A 15 FOOT SPACING BE
PLACED ALONG THE WESTERN PROPERTY LINE WITH ONE ROW BEING
SITUATED WITHIN THE CITY HIKING TRAIL RIGHT OF WAY.
9. ALL AREAS DISTURBED BY CONSTRUCTION ARE STABILIZED WITH SOD AND/OR
SEED AS SET FORTH IN THE APPROVED LANDSCAPING PLAN. THIS
IMPROVEMENT MUST BE COMPLETED IN THE SAME GROWING SEASON THAT
THE CONSTRUCTION TAKES PLACE.
10. THE PROPOSED BUILDINGS MEET CITY CODE REQUIRING ARCHITECTURAL
STANDARDS. SPECIFICALLY, THE NORTH ELEVATION FACING COUNTY ROAD
NO.1.
11. THE ABOVE GROUND FUEL TANK OBTAIN A STATE VARIANCE AND MEET ALL
APPLICABLE BUILDING AND FIRE CODES.
12. A LIGHTING PLAN BE SUBMITTED TO STAFF PRIOR TO THE CITY COUNCIL
ACTING ON THIS REQUEST.
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13.
THE PARKING LOT PROVIDE FOR COMPLETE CIRCULATION
14. TREES BE PLANTED ALONG THE ENTRANCE DRIVE AND ALONG COUNTY
ROAD NO.1.
15. TERRY MAURER'S COMMENTS FROM HIS MEMO DATED APRIL 18, 1994, BE
INCORPORATED INTO THE RECOMMENDATION TO THE CITY COUNCIL.
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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Staff report presented by Steve Ach. Heritage Landing Development requested
to subdivide approximately five (5) acres into nine (9) single family lots. The
property is zoned R 1 d, which requires a minimum of 14,000 square foot lots with 90
feet of frontage. All lots within the plat meet these two requirements.
Dennis Chuba, 20455 Meadowvale Road, Elk River, reviewed the request and
stated that Lynn Caswell, John Oliver & Associates, will grade the site
appropriately.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
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Planning Commission Minutes
April 26, 1994
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Page 7
The Commissioners and staff discussed the maintenance and ownership of the
center island and the long range plans for proposals such as this. Lynn Caswell
presented the Planning Commission with photos of similar center islands in
neighboring cities and showing the drive width.
Chairman Tveite complimented the developers on the unique and creative
design of this plat. Chairman Tveite commented on the tree preservation plan
and wanted to specify that everything possible be done to ensure oak wilt
prevention.
COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF PRELIMINARY PLAT BY
HERITAGE LANDING DEVELOPMENT TO SUBDIVIDE APPROXIMATELY FIVE (5) ACRES
INTO NINE (9) SINGLE FAMILY LOTS, PUBLIC HEARING, CASE NO. P 93-12, CITING
STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE
FOLLOWING CONDITIONS:
1. TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING PLAN TO
ILLUSTRATE THOSE AREAS OF TREES THAT WILL BE SAVED DURING GRADING
OF THE PLAT.
ALL OUT BUILDINGS BE REMOVED PRIOR TO RECORDING THE FINAL PLAT.
A UNIFORM MAILBOX DESIGN BE PROVIDED.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RECORDING THE FINAL PLAT.
PARK DEDICATION IN THE AMOUNT OF $4,050 BE PAID.
ALL COMMENTS STATED IN TERRY MAURER'S MEMO DATED APRIL 15,1994, BE
INCORPORATED AND MADE PART OF THIS PLAT.
ADEQUATE STREET LIGHTING AS DETERMINED BY ELK RIVER MUNICIPAL
UTILITIES BE PROVIDED.
STAFF AND DEVELOPERS WORK TOGETHER TO ACHIEVE A GRADING PLAN
FOR ALL THE LOTS IN QUESTION, SPECIFICALLY LOT 1.
STAFF AND DEVELOPERS WORK TOGETHER TO ACHIEVE A SOLUTION FOR THE
MAINTENANCE AND OWNERSHIP OF THE PROPOSED CENTER ISLAND.
Commissioner Eberley also requested staff research solutions for the ongoing
maintenance and ownership of such proposed center islands. Also,
Commissioner Eberley requested detailed grading plans (noting topography,
elevations, etc.) be sent to the Commissioners prior to Planning Commission
meeting for their review and so they can be made part of the record.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Planning Commission Minutes
April 26, 1994
Page 8
Staff report presented by Steve Ach. Sherburne County Grower's Association
requested a conditional use permit to operate an outdoor Farmer's Market in the
Jackson square parking lot.
Bill Kennedy briefly reviewed the request and introduced Jeff Kleinbaum,
President of the Downtown Association.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
Commissioner Kuester commended staff on the detailed information provided
with this report (i.e., traffic count and signatures in favor of the proposal).
COMMISSIONER MINTON RECOMMENDED APPROVAL OF THE CONDITIONAL USE
PERMIT BY SHERBURNE COUNTY GROWERS ASSOCIATION TO OPERATE AN OUTDOOR
FARMER'S MARKET IN THE JACKSON SQUARE PARKING LOT, PUBLIC HEARING, CASE
NO. CU 94-12, CITING STAFF'S MEMO AS FINDING OF FACT. THE REQUEST MEETS THE
SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT
WITH THE COMPREHENSIVE PLAN. APPROVAL IS RECOMMENDED WITH THE
FOLLOWING CONDITIONS:
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1.
A CERTIFICATE OF INSURANCE NAMING THE CITY AS AN ADDITIONAL
INSURED FOR THIS PROPERTY BE SUBMITTED TO THE CITY.
2. DAYS AND HOURS OF OPERATION BE LIMITED TO WEDNESDAY AND SUNDAY
FROM 12 NOON TO 7 P.M. EACH DAY.
3. IN THE EVENT THE CITY RECEIVES COMPLAINTS REGARDING PARKING
PROBLEMS DOWNTOWN DUE TO THE FARMER'S MARKET, THE CITY COUNCIL
SHALL HAVE THE OPPORTUNITY TO REVIEW THE CONDITIONAL USE PERMIT
FOR MODIFICATION OR REVOCATION.
4. SIGNAGE BE LIMITED TO AN ON-SITE SIGN DISPLAYED ONLY ON THOSE DAYS
OF OPERATION AND MEET THE 10 FOOT SETBACK REQUIREMENT.
5. SIGN AREA COMPLY WITH CITY ORDINANCE STANDARDS FOR SPECIAL
EVENTS SIGNS WHICH PERMITS ONE 32 SQUARE FOOT SIGN.
6. ALL REFUSE DISPOSAL SHALL BE THE RESPONSIBILITY OF THE FARMER'S
MARKET AND THE LOT BE CLEANED AFTER EACH EVENT.
7. A YEARLY REVIEW BE CONDUCTED BY THE CITY COUNCIL TO ADDRESS ANY
CONCERNS THAT MAY ARISE THROUGHOUT THE SEASON.
8. SHERBURNE COUNTY GROWERS ASSOCIATION BE RESPONSIBLE TO REPAIR
ANY LANDSCAPED AREAS (INCLUDING SOD) THAT MAY BE DAMAGED DUE
TO CUSTOMER AND/OR VENDORS.
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COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Planning Commission Minutes
April 26, 1994
Page 9
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Staff report presented by Steve Ach. Randall Pitcher requested a conditional use
permit to operate a sharpening business out of this detached garage.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
COMMISSIONER KUESTER RECOMMENDED APPROVAL OF THE CONDITIONAL USE
PERMIT REQUEST BY RANDALL PITCHER TO OPERATE A SHARPENING BUSINESS OUT OF
HIS DETACHED GARAGE, PUBLIC HEARING, CASE NO. CU 94-10, CITING STAFF'S
MEMO AS FINDING OF FACT. THE REQUEST MEETS THE SEVEN STANDARDS FOR
GRANTING A CONDITIONAL USE PERMIT AND IS CONSISTENT WITH THE
COMPREHENSIVE PLAN. APPROVAL IS RECOMMENDED WITH THE FOLLOWING
CONDITIONS:
1. HOURS OF OPERATION BE AS PER CITY CODE.
2. THE APPLICANT MAINTAIN ENOUGH ROOM IN THE DRIVEWAY FOR THREE
CUSTOMER VEHICLES AT ALL TIMES DURING OPERATING HOURS.
3.
THAT A l' x 1.5' FREESTANDING SIGN BE ALLOWED AT THE END OF THE
DRIVEWAY NEAR TWIN LAKES ROAD. THE SIGN MUST BE LOCATED OUTSIDE
OF COUNTY RIGHT OF WAY AND BE UNDER 5' IN HEIGHT. A SIGN PERMIT
MUST BE OBTAINED BEFORE THE SIGN IS ERECTED.
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4. THIS USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THE
INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED.
5. IF THE CITY RECEIVES VALID COMPLAINTS REGARDING NOISE, AN IMMEDIATE
REVIEW OF THE HOME OCCUPATION WILL BE CONDUCTED AND IF
NECESSARY BROUGHT BEFORE THE CITY COUNCIL FOR REVIEW OF THE
CONDITIONAL USE PERMIT.
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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Staff report presented by Steve Ach. Roger Tarnowski requested a variance to
the minimum lot area and lot width requirements, and a fifteen (15) foot front
yard setback variance from 189th Avenue.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
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COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE VARIANCE TO THE
MINIMUM LOT AREA AND LOT WIDTH, AND A FIFTEEN (15) FOOT FRONT YARD
VARIANCE REQUEST BY ROGER TARNOWSKI, PUBLIC HEARING, CASE NO. V 94-04,
CITING STAFF'S MEMO AS FINDING OF FACT. CHAIRMAN MINTON SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
Planning Commission Minutes
April 26, 1994
Page 10
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Commissioner Eberley requested staff include the address of the subject property
on all future reports to the Planning Commission. This will aid the Commission
when physically reviewing subject properties.
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Staff report presented by Steve Ach. Jeff Mastley requested a variance to the
minimum lot area requirement of ten (10) acres in the A 1 zoning district. Further,
Mr. Ach stated that one additional finding be made part of the record for this
request:
6. This request is not a consequence of the petitioner's actions.
Mr. Mastley addressed the Planning Commission and stated that precedent has
been set in this area regarding lots with an average size slightly less than the
required ten (10) acre minimum.
Chairman Tveite opened the public hearing.
Roxie Brown, 10030-215th Avenue, Elk River, stated her concerns regarding tree
preservation and asked the Commission to explain the City's tree preservation
policy. Chairman Tveite responded. Also, Ms. Brown stated that it is very difficult
for the public to hear the comments made by the Commission and staff.
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COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE VARIANCE TO THE
MINIMUM LOT AREA REQUIREMENT BY JEFF MASTLEY, PUBLIC HEARING, CASE NO. V
94-03, CITING STAFF'S MEMO AS FINDING OF FACT. COMMISSIONER MINTON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Steve Ach requested the Planning Commission review agenda items 14 and 15 together.
Chairman Tveite agreed.
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Staff reports presented by Steve Ach. The City of Elk River requested a
Comprehensive Land Use Plan Amendment changing the land use from L 1 (Light
Industrial) and HR (High Density Residential) to MR (Medium Density Residential.
Also, Rose Karn requested rezoning approximately five (5) acres from 11 (Light
Industrial) to R3(Townhouse/ Multi Family Residential).
Rose Karn, 1870 Meadowvale, Elk River, addressed the Planning Commission
regarding the pending sale of her home and the delays regarding the zoning.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
Commissioner Eberley asked staff to clarify this rezoning request versus agenda
item 7. Mr. Ach responded.
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COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE LAND USE PLAN
AMENDMENT BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. LUA 94-03,
Planning Commission Minutes
April 26, 1994
Page 11
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CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH
THE FOLLOWING CONDITIONS:
1. THE LAND USE PLAN CHANGE WILL PROVIDE FOR CONSISTENCY WITH THE
ZONING DESIGNATION OF THIS PROPERTY.
2. THE CITY CURRENTLY HAS A HIGH PERCENTAGE OF HIGH DENSITY MULTI
FAMILY LAND USE AND IS TRYING TO ACHIEVE AN APPROPRIATE MIX BY
INCREASING MORE MEDIUM DENSITY RESIDENTIAL LAND USES.
3. THE LAND USE PLAN CHANGE TO MR (MEDIUM DENSITY RESIDENTIAL) WILL
BETTER REFLECT AND BE COMPATIBLE WITH THE INTENDED AND EXISTING
LAND USES IN THIS AREA.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE REZONING REQUEST
TO REZONE APPROXIMATELY FIVE (5) ACRES FROM 11 (LIGHT INDUSTRIAL) TO R3
(TOWNHOUSE/MULTI FAMILY RESIDENTIAL) BY ROSE KARN, PUBLIC HEARING, CASE
NO. ZC 94-04, CITING STAFF'S MEMO AS FINDING OF FACT. COMMISSIONER
KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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Staff report presented by Steve Ach. Brian Anderson requested a permit to
excavate an estimated 5,000 cubic yards of black dirt from a wetland to
construct an open water pond for wildlife viewing.
Chairman Tveite opened the public hearing.
Buz Erickson, 21321 Concord Street, Elk River, welcomed this proposal in his
neighborhood and stated he hopes the request is approved.
There being no additional comments, Chairman Tveite closed the public hearing.
COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE
PERMIT REQUEST TO EXCAVATE AN ESTIMATED 5,000 CUBIC YARDS OF BLACK DIRT
FROM A WETLAND TO CONSTRUCT AN OPEN WATER POND FOR WILDLIFE VIEWING
BY BRIAN ANDERSON, PUBLIC HEARING, CASE NO. CU 94-09, CITING STAFF'S MEMO
AS FINDING OF FACT. THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A
CONDITIONAL USE PERMIT AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS:
1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND
BOUNDARY.
2. FOR SAFETY PURPOSES DURING THE ENTIRE PERIOD OF THE PROJECT, ALL
SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF 4 FEET HORIZONTAL TO 1
FOOT VERTICAL.
.
3.
SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO
CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS
Planning Commission Minutes
April 26, 1994
Page 12
.
NECESSARY UNTIL IT IS SELF SUSTAINING. SILT FENCING IS REQUIRED UNTIL
THE GROUND COVER IS SELF SUSTAINING.
4.
FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN 4 TO 5 FEET IN
DEPTH.
5.
ANY EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE
PATTERNS FOR THIS AREA.
6.
CONTRACTOR AND PROPERTY OWNER WORK WITH THE DNR TO CONSTRUCT
A POND THAT IS BENEFICIAL TO WILDLIFE.
7.
APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL
BY THE ARMY CORPS OF ENGINEERS.
8.
THE PROJECT BE COMPLETED IN ONE CONSTRUCTION SEASON.
9.
THE HOURS OF OPERATION BE AS PER CITY CODE.
10.
FENCING BE PLACED AROUND THE OAK TREES TO PREVENT DAMAGE WHEN
THE EXCAVATED BLACK DIRT IS SPREAD THROUGHOUT THE PROPERTY.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
.
Commissioner Eberley commended the Recording Secretary regarding the
content and professional appearance of the Planning Commission minutes.
Commissioner Minton reviewed the National Conference he recently attended
and stated that the total seminar cost was $1,804.51 .
Commissioner Eberley thanked Commissioner Minton for information regarding
the National Conference and entered the information into the public record.
Commissioner Eberley commented on the invitation to view restoration projects
during the review of the gravel mining draft EIS and requested they set a
tentative date. The tentative date was scheduled for May 10, 1994.
There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE
MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 4-0.
The meeting of the Elk River Planning Commission adjourned at approximately 10:50 p.m.
.
Respectfully submitted,
~~~ m. &Atnlfl
Catherine M. Schmidt
Recording Secretary