05-25-1993 PC MIN
4It MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT THE ELK RIVER CITY HALL
TUESDAY, MAY 25, 1993
Members Present: Chairman Minton, Commissioners Eber1ey, Kreger, Kuester,
spotts and Tveite.
Members Absent: None
Staff Present: Stephen Rohlf, Building and Zoning Administrator;
Catherine Schmidt, Recording Secretary
1. Call Meeting to Order
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 Minton.
2. Consider 5/25/93 Planning Commission Agenda
Chairman Minton added discussion regarding the Planning Commission
Workshop.
4It
COMMISSIONER TVEITE MOVED TO APPROVE THE 5/25/93 PLANNING COMMISSION
AGENDA. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED
6-0.
3.
Consider Planning Commission Minutes
Commissioner Eberley amended Item #5, page 2, regarding the language in
the amendment to read "by the City of Elk River or its designee" not
"by the Building and Zoning Administrator".
COMMISSIONER EBERLEY MOVED TO APPROVE THE
COMMISSION MINUTES. COMMISSIONER TVEITE
MOTION CARRIED 6-0.
AMENDED
SECONDED
5/25/93 PLANNING
THE MOTION. THE
4. Planning Commission Representative to Attend City Council Meeting
It was indicated Commissioner Tveite would attend the 6/21/93 City
Council meeting to be held at the Elk River City Hall.
5.
Conditional Use Permit Request by Jerry & Thiry Minor/Public Hearing
4It
Stephen Rohlf, Building and Zoning Administrator, briefed the Planning
Commission regarding this request. The applicants, Jerry and Thiry
Minor, 16848 Highway 10, Elk River, MN, requested a conditional use
permit to allow enclosed storage (mini storage) in a C3 Highway
Commercial zone. This request involves two mini storage buildings; one
40'x200' (8,000 sq ft), and the other 24'x200' (4,800 sq ft) on a 4.86
acre site. Mr. Rohlf reviewed the issues raised in staff's memo dated
May 19, 1993.
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Elk River Planning Commission Minutes
May 25, 1993
Page 2
Chairman Minton opened the public hearing. There being no comments
from the public, Chairman Minton closed the public hearing.
Commissioner Kreger questioned the Minor's regarding the pond on their
site. After a brief discussion, the Minor's indicated they did not
wish to change the slope, however, they did intend to do minimal
maintenance surrounding the pond.
Chairman Minton addressed the Minor's regarding the type of exterior
siding. Jerry Minor responded it would be a combination of steel and
cedar.
Commissioner Kreger asked staff to clarify the driveway easement
issue. Mr. Rohlf discussed this with Mr. Minor and it was confirmed
that there is an easement.
Commissioner spotts commented on the child care center nearby. Mr.
Minor indicated he would be willing to fence, if necessary, to keep
children from wandering into the traffic area of the mini storage
buildings.
COMMISSIONER KREGER RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT
REQUEST TO ALLOW ENCLOSED STORAGE (MINI STORAGE) BY JERRY AND THIRY
MINOR/PUBLIC HEARING, CASE NO. CU 93-12, CITING THE SEVEN STANDARDS FOR
A CONDITIONAL USE PERMIT, KEEPING WITHIN THE COMPREHENSIVE PLAN, AND
STAFF'S MEMO DATED MAY 19, 1993, WITH THE FOLLOWING STIPULATIONS:
1. THE DRIVEWAY ENTERING THEIR SITE IS A MINIMUM OF 24 FEET WIDE.
2. ALL DRIVES ARE HARD SURFACED.
3. ONE TREE FOR EACH 40 FEET OF LOT PERIMETER IS REQUIRED WITH CREDIT
GIVEN FOR LARGER EXISTING TREES. FURTHER, THE REQUIRED TREES ARE
EVERGREENS PLANTED ON THE WEST SIDE OF THE WESTERN MOST DRIVE TO
HELP SCREEN THIS BUSINESS FROM THE ADJACENT RESIDENTIAL BUSINESS.
4. NO OUTSIDE STORAGE BE ALLOWED.
5. LIGHTING BE AS PER CITY CODE.
6. NOT MORE THAN 25% OF THE BUILDING EXTERIOR BE OF METAL SKIN
(EXCLUDING THE ROOF) AND THAT NO PORTION OF THE EAST WALL OF THE
EASTERN MOST BUILDING AND THE WEST WALL OF THE WESTERN MOST
BUILDING CAN BE METAL SKIN EXTERIOR. FURTHER, IF THE ROOF IS
METAL SKIN, IT MUST BE COLORED.
7. SIGNAGE BE AS PER CITY CODE FOR THE C3 ZONE.
8. SLOPES TO THE POND ON THE SITE NOT BE MADE STEEPER THAN EXISTING.
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Elk River Planning Commission Minutes
May 25, 1993
Page 3
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6.
Preliminary Plat Request of North Meadows Addition and Associated
Variances by Dave and Joyce Mickelson/Public Hearing
stephen Rohlf, Building and Zoning Administrator, explained that David
and Joyce Mickelson (applicants) requested preliminary plat review of
North Meadows Addition and associated variances on the maximum length
of a dead-end road and lot sizes. The applicants are proposing 8 lots
on 22.22 acres served by private well and septic systems. The only
public improvements are the street and storm drainage system, which the
applicants are proposing to accomplish without City funding. Mr. Rohlf
reviewed the issues raised in staffs memo dated May 20, 1993.
Chairman Minton opened the public hearing.
Bill Mealio, 14320-214 Avenue NW, Elk River, commented on the lot sizes
and requested the Planning Commission stay within the current ordinance
guidelines.
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Mrs. Guildemeister, 14393-214 Avenue NW, Elk River, stated her concerns
regarding drainage, the quality of homes being built, the road easement
and the possibility of a tax increase due to the easement. Further,
Mrs. Guildemeister stated she did not want the easement to continue up
to her property. Mr. Rohlf responded that the drainage issues would be
clarified further by City Engineer Terry Maurer at the City Council
meeting on June 21, 1993. Also, the easement to her property would be
of benefit to her so as not to landlock her property. Mr. Rohlf
informed Mrs. Guildemeister that the Planning Commission could not
dictate the type of homes being built and questions relating to taxes
should be directed to the Sherburne County Auditor's Office.
Mike Townsend, 14390-214 Avenue NW, Elk River, commented on the private
drive being low, a possible culvert, and possible drainage problems.
Mr. Rohlf explained an "urban" road eliminating the need for ditches
and stressed that Mr. Townsend attend the City Council meeting where
Mr. Maurer could address the drainage issue in more detail.
Vicki Townsend, 14390-214 Avenue NW, Elk River, expressed her concerns
regarding the area drainage due to Isanti sand and a high water table.
Dave Mickelson (Certified Septic Inspector),
River, stated the concern for contaminated
agricultural areas versus residential acres.
21680 Meadowvale Road, Elk
soil is much higher in
Joyce Mickelson, 21680 Meadowvale Road, Elk River, explained to the
Planning Commission her desire to work with the neighbors and the
city. The applicants would consider moving the road thus eliminating
the need for variances regarding lot size, however, moving the road
would cause great hardship.
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There being no further comments from the public, Chairman Minton closed
the public hearing.
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Elk River Planning Commission Minutes
May 25, 1993
Page 4
Commissioner Eberley questioned the rationale for the variance request
regarding lot sizes and asked Joyce Mickelson to comment whether or not
the request for a variance on lot size was an economic issue. Mrs.
Mickelson stated it was partly an economic issue. Commissioner Eberley
requested discussion regarding granting variances for the lots in
question if the request was based solely on economics. Commissioner
Kreger stated the variance request was not based solely on economics.
Environmentally, it would be far better to grant the variance versus
moving a currently stable road. Discussion between Commission members
ensued.
Commissioner Kreger requested discussion on whether or not it is the
duty of the Planning Commission to avoid landlock situations for the
benefit of the property owner and the City.
COMMISSIONER KREGER RECOMMENDED APPROVAL OF THE
FOR THE PLAT OF NORTH MEADOWS ADDITION BY
MICKELSON/PUBLIC HEARING, CASE NO. V 93-04, CITING
FROM THE PUBLIC HEARING, AND STAFF'S MEMO DATED MAY
ASSOCIATED VARIANCES
DAVID AND JOYCE
INFORMATION GATHERED
20, 1993.
Commissioner Eberley
variance request.
economic issue.
questioned the
Chairman Minton
economics issue regarding the
explained it was not entirely an
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-1,
Chairman Minton, Commissioners Kreger, Kuester, Spotts and Tveite were
for the motion, Commissioner Eberley was against the motion.
COMMISSIONER TVEITE RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT OF
NORTH MEADOWS ADDITION BY DAVID AND JOYCE MICKELSON/PUBLIC HEARING,
CASE NO. P 93-07, CITING STAFF'S MEMO DATED MAY 20, 1993, WITH THE
FOLLOWING STIPULATIONS:
1. THE ROAD RIGHT-OF-WAY BE DEDICATED TO THE WEST BOUNDARY OF THE
PLAT.
2. THE CITY ENGINEER APPROVES THE ROAD PLANS PRIOR TO FINAL PLAT
APPROVAL AND INSPECTS THE ROAD.
3. 50 FEET OF RIGHT-OF-WAY IS DEDICATED TO THE COUNTY FROM THE CENTER
LINE OF COUNTY ROAD 32.
4.
THE DEVELOPER OBTAIN A CONSTRUCTION PERMIT FROM THE
ENGINEERING DEPARTMENT.
COUNTY
5. LOT 1, BLOCK 1, DOES NOT HAVE A DRIVEWAY ACCESS ON COUNTY ROAD 32.
6. LOT 1, BLOCK 2, OBTAIN A DRIVEWAY PERMIT FROM THE COUNTY TO ACCESS
COUNTY ROAD 32.
7.
THE CITY ENGINEER APPROVES A GRADING AND
FINAL PLAT APPROVAL AND INSPECTS
CONSTRUCTED.
DRAINAGE PLAN PRIOR TO
THESE IMPROVEMENTS WHEN
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Elk River Planning Commission Minutes
May 25, 1993
Page 5
8.
THE COUNTY APPROVE THE GRADING AND DRAINAGE PLAN FOR THIS PLAT.
FURTHER, IF THE COUNTY NEEDS ENGINEERING ASSISTANCE IT IS PROVIDED
BY THE CITY ENGINEER AT THE EXPENSE OF THE DEVELOPER. LASTLY,
THAT 30 FEET OF EASEMENT FROM THE CENTERLINE OF DITCH 28 IS
DEDICATED.
9.
THE COUNTY REGARDING A
OF THE DITCH ASSESSMENT PRIOR TO
THE DEVELOPER COOPERATE WITH
REDISTRIBUTIONMENT/REASSESSMENT
RECORDING THE PLAT.
10. THE PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED ON LOT SIZE
FOR LOTS 1-4, BLOCK 2.
11. THE DEVELOPER PROVIDE LOWEST FLOOR ELEVATIONS FOR STAFF'S REVIEW
AND APPROVAL PRIOR TO FINAL PLAT.
12. THE DEVELOPER PAY $2,400 IN PARK DEDICATION FEES.
13. THE DEVELOPER PAY THE COST OF THE FIRST SEAL COATING FOR THE ROAD
IN THE PLAT, AS ESTIMATED BY THE CITY ENGINEER, PRIOR TO RECORDING
THE PLAT.
14. BUILDING PERMITS ARE ALLOWED ONLY AFTER THE BASE FOR THE ROAD IS
APPROVED BY THE CITY ENGINEER.
15. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC
IMPROVEMENTS IS PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE
PLAT.
16. THE COMPLETION DATE FOR PUBLIC IMPROVEMENTS IN THE PLAT IS ONE
YEAR FROM THE DATE OF FINAL PLAT APPROVAL.
17. THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED COSTS OF
REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW.
18. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL OF THIS PLAT.
19. OAKS REMOVED FOR HOUSE CONSTRUCTION HAVE THEIR ROOTS SEVERED (TO A
DEPTH OF 5 FEET) FROM ADJACENT TREES PRIOR TO BEING DROPPED OR
HAVE THEIR STUMPS REMOVED THE SAME DAY. FURTHER, ROOTS EXPOSED
ARE REBURIED THE SAME DAY AS THEY ARE EXPOSED. LASTLY, TREES THAT
ARE TO REMAIN AFTER CONSTRUCTION HAVE THEIR DRIP LINE ROPED OFF TO
DEFINE AN AREA OF NO ACTIVITY TO PROTECT THEM FROM MECHANICAL
DAMAGE.
20.
A CERTIFIED SEPTIC
RECOMMENDATIONS FOR
ISSUANCE.
INSPECTOR
ON-SITE
REVIEW
SEPTIC
SOIL
PRIOR
BORINGS AND
TO BUILDING
MAKE
PERMIT
21. A PERMIT FOR A MODEL HOME ON LOT 2, BLOCK 1, IS CONTINGENT UPON A
DRIVEWAY PERMIT BEING APPROVED BY THE SHERBURNE COUNTY ENGINEERING
DEPARTMENT TO ACCESS COUNTY ROAD 32.
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Elk River Planning Commission Minutes
May 25, 1993
Page 6
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
the record, it is noted there was public opposition.
For
7. Conditional Use Permit Request to Construct and Operate a Bus Terminal
by John Weicht/Public Hearing
Stephen Rohlf, Building and Zoning Administrator, stated the applicant,
John Weicht, requested a conditional use permit to construct and
operate a bus terminal. The terminal will be for Dickenson Bus
Company, a school bus company. Mr. Rohlf reviewed the issues raised in
staff's memo dated May 18, 1993, however, staff is recommending
continuing this item to the June 22, 1993, Planning Commission meeting
due to lack of details.
Chairman Minton opened the public hearing.
John Weicht, PO Box 368, Elk River, stated he was willing to work with
the City to provide further details.
COMMISSIONER TVEITE MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE
22, 1993, PLANNING COMMISSION MEETING, TO BE HELD AT THE ELK RIVER CITY
HALL AT 7 P.M. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
8.
Conditional Use Permit for Excavation in
Nordenstrom/Public Hearing
Wetland
By
James
a
Stephen Rohlf, Building and zoning Administrator, briefed the Planning
Commission regarding the applicant's request for a conditional use
permit to excavate an estimated 7,500 cubic yards of black dirt from a
wetland to construct an open water pond for wildlife viewing. The
excavated black dirt will be kept on site and be used to landscape Mr.
Nordenstrom's yard. Mr. Rohlf reviewed the issues raised in staff's
memo dated May 18, 1993, and added discussion regarding the duration of
the project and the hours of operation.
Mrs. Nordenstrom commented on the letter she received from the DNR
stating they did not have jurisdiction in this area, however, they did
send the Nordenstrom's information regarding pond construction for
wildlife viewing. No information was available from the Army Corps of
Engineers and the Sherburne County Soil and Water Conservation District.
Chairman Minton opened the public hearing.
Gary Thompson, 19860 Zane
surrounding drainage pattern
have on that drainage pattern.
the City Engineer review it.
Street NW, Elk River, questioned
and what affect, if any, this pond
Mr. Rohlf responded that he would
the
would
have
There being no further comments from the public, Chairman Minton closed
the public hearing.
COMMISSIONER EBERLEY RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT
TO EXCAVATE APPROX. 7,500 CUBIC YARDS OF BLACK DIRT FROM AN EXISTING
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Elk River Planning Commission Minutes
May 25, 1993
Page 7
WETLAND BY JAMES NORDENSTROM/PUBLIC HEARING, CASE NO. CU 93-11, CITING
STAFF'S MEMO DATED MAY 18, 1993, AND THE 7 STANDARDS FOR A CONDITIONAL
USE PERMIT WITH THE FOLLOWING STIPULATIONS:
1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND
BOUNDARIES.
2. FOR SAFETY PURPOSES, DURING THE ENTIRE PERIOD OF THE PROJECT, ALL
SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF 4:1.
3. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO
CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY
UNTIL IT IS SELF SUSTAINING.
4. FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN 4-5 FEET IN
DEPTH.
5. ANY EXCAVATION OR FILLING SHOULD NOT DISRUPT THE OVERALL DRAINAGE
PATTERNS FOR THIS AREA.
6. THE CONTRACTOR AND PROPERTY OWNER WORK WITH THE DNR TO CONSTRUCT A
POND THAT IS BENEFICIAL TO WILDLIFE.
7.
APPROVAL IS CONTINGENT UPON THE RECOMMENDATION OF THE ARMY CORPS
OF ENGINEERS AND THE SHERBURNE COUNTY SOIL AND WATER CONSERVATION
DISTRICT.
8. THE PROJECT BE COMPLETED WITHIN ONE CONSTRUCTION SEASON.
9. HOURS OF OPERATION BE AS PER CITY CODE.
COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0.
9. Conditional Use Permit Request to Allow the Sale of Truck Boxes in C3
Zone by Metro Truck Equipment/Public Hearing
Stephen Rohlf, Building and Zoning Administrator, briefed the Planning
Commission regarding this request to allow sales of truck boxes in C3
zone. Metro Truck Equipment is proposing a 50'x60' (3,000 sq ft)
building to house sales personnel and merchandise. Mr. Rohlf reviewed
the issues raised in staff's memo dated May 19, 1993. More detail will
be needed to review this conditional use permit, therefore, staff
recommended the Planning Commission continue this request to the June
22, 1993, Planning Commission meeting. The applicant agreed with this
request.
Chairman Minton opened the public hearing.
COMMISSIONER SPOTTS MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE
22, 1993, PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER CITY
HALL AT 7 P.M. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
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Elk River Planning Commission Minutes
May 25, 1993
Page 8
10. Conditional Use Permit Amendment for a Truck Terminal by Metro Truck
Equipment/Public Hearing
stephen Rohlf, Building and Zoning Administrator, stated that Metro
Truck Equipment was approved a conditional use permit in 1989 for a
truck terminal plus repair of trucks and custom fitting and sale of
truck boxes. This permit was revised in 1991. Metro Truck Equipment
is requesting to amend their permit to allow the addition of a 50'x80'
(4,000 sq ft) cold storage building. Mr. Rohlf reviewed the issues
raised in staff's memo dated May 18, 1993.
Chairman Minton opened the public hearing. There being no comments
from the public, Chairman Minton closed the public hearing.
COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE
PERMIT AMENDMENT FOR A TRUCK TERMINAL AND A COLD STORAGE BUILDING BY
METRO TRUCK EQUIPMENT/PUBLIC HEARING, CASE NO. CU 93-10, CITING STAFF'S
MEMO DATED MAY 18, 1993, STATING THE REQUEST DID MEET THE 7 STANDARDS
FOR A CONDITIONAL USE PERMIT, WITH THE FOLLOWING STIPULATIONS:
1. METRO TRUCK EQUIPMENT CONTINUE TO PLANT TREES UNTIL THEY REACH THE
1 TREE FOR EACH 40 FEET OF LOT PERIMETER REQUIREMENT.
2. METRO TRUCK EQUIPMENT COMBINE THEIR LOTS INTO ONE PARCEL.
3.
THE CITY ENGINEER REVIEWS AND APPROVES DRAINAGE.
4.
THE ROOF ON THE ACCESSORY STRUCTURE IS COLORED METAL AND
OF THE BUILDING FACING JARVIS IS CONSTRUCTED WITH
MATERIAL BY CITY ORDINANCE (OTHER THAN METAL SKIN).
THE SIDE
APPROVED
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
11. Other Business
Chairman Minton briefed the Planning Commission regarding the
Workshop (Creating Good Public Records) and stated it
informative. Chairman Minton reminded the Commission that
Workshop will discuss the budget.
Regional
was very
the June
Commissioner Eberley requested discussion regarding lot size averaging
in developments. Comments from Commissioners and staff ensued.
stephen Rohlf suggested the Planning Commission discuss this issue at
the next Planning Commission Workshop in June.
The Planning
acceptance
Commissioner
work for the
Commission would like to acknowledge the
of the resignation of Commissioner
Johnson's contributions to the Community
Planning Commission were outstanding.
City Council's
Rita Johnson.
and quality of
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Elk River Planning Commission Minutes
May 25, 1993
Page 9
12. Adjournment
There being
THE MEETING.
CARRIED 6-0.
no further business, COMMISSIONER TVEITE MOVED TO ADJOURN
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION
The meeting of the Elk River Planning Commission adjourned at approximately
9:45 p.m.
Respectfully submitted,
(] dA~ Jr1 ,ic},YYI,rf1)
Catherine M. Schmidt
Recording Secretary