4.1. PCSR 04-25-2023Request for Action
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Public Hearings April 25, 2023 Zack Carlton, Community Development Director
Item Description Reviewed by
Vinje Investments LLC - PID’s 75-011-2401, 75-011-Chris Leeseberg, Senior Planner
2120, 75-011-3203, 75-011-3235
Reviewed by
Land Use Amendment from Business Park to
Highway Business, Case No. LU 23-03
Zone Change from FAST (H) to PUD, Case No.
ZC 23-01
Conditional Use Permit for a Planned Unit
Development, Case No. CU 23-06
Preliminary Plat of Vinje Commercial Addition,
Case No. P 23-03
Action Requested
Recommend, by motion, approval of the Land Use Amendment
changing the guidance from Business Park to Highway Business, with
the following conditions:
1. The associated Zone Change (ZC 23-01) and CUP (CU 23-06)
applications shall be approved by the City Council.
Recommend, by motion, approval of the proposed zone change from
FAST (H) to Planned Unit Development (PUD), with the following
conditions:
1. City Council approval of associated Land Use Amendment (LU
23-03).
2. A PUD agreement shall be approved by the City Council prior to
recording the Zone Change.
Recommend, by motion, approval of the Conditional Use Permit
establishing a residential Planned Unit Development (PUD), with the
following conditions:
1. A PUD Agreement shall be developed and signed by both parties
prior to issuance of a building permit.
2. Streets, access, and circulation, must comply with MN State Fire
Code Chapter 5 and Appendix D.
3. Staff approval of all site, utility, engineering, and landscaping plans.
4. State approval of all wetland permits related to the proposed
wetland impacts.
5. Approval of an updated landscape plan
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
6. Buildings within the PUD shall comply with the Business Park design standards. This complies to all facades
clearly visible from public streets.
7. Fencing visible from the public street shall be of a rod iron style. Fencing not visible from the street shall be
black chain-link.
8. All outdoor storage areas shall be screened with a 100% opaque fence.
9. The driveway access to Twin Lakes Road will be reduced to a right-in-right-out when Twin Lakes Road is
improved to a 4-lane divided roadway.
10. Future development phases will be reviewed utilizing the CUP process as outlined in city ordinances.
11. The approval does not include the future needs for acquisition of additional property to construct a city street,
providing access to the south side of the property.
Recommend, by motion, approval of the Preliminary Plat of Vinje Commercial Addition with the following
conditions:
1. Council approval of the related Land Use Amendment (LU 23-03), Zone Change (ZC 23-01) and Conditional
Use Permit (CU 23-06).
2. The preliminary plat shall be updated to include the proposed billboard within Lot 1, Block 1.
3. The applicant must own the portion of right-of-way that has been requested to be vacated. This includes
Council approval of the vacation and legal compliance with the transfer and acquisition of the vacated right-of-
way.
4. There will be no future access to Highway 10.
Background/Discussion
The applicant has submitted an application package that would establish a Planned Unit Development (PUD) near
th
the intersection of Twin Lakes Road and 168 Circle NW. The site is approximately 15 acres, and the concept plan
includes a mini-storage facility, future commercial spaces, and future light industrial and office space. These uses
are generally consistent with the surrounding uses, but updates to the city’s Comprehensive Plan and Zoning Map
are required.
The site is currently zoned FAST (H) and the land use guidance is split between Highway Business and Business
Park.
PUD Concept Plan
The submitted PUD Concept plan includes a mini-storage facility that would be developed upon approval of the
current application package and future uses that include commercial, light industrial, office spaces, and a billboard.
The only use that will access the existing street is the proposed mini storage. The remaining uses will require the
development of a city street that is currently shown on a city owned parcel. The proposed street includes a cul-de-
sac and driveways to serve future uses. This street and the required right-of-way are not included in this
application package, and any future development of the site will require acquisition, by the developer, of a portion
of city owned land.
The current project, the mini-storage facility, also utilizes a portion of the existing city right-of-way that the
applicant has requested vacation of in support of his project. This vacation must be approved by the city council
prior to recording the plat, PUD agreement, or any final approval for the project.
The PUD concept plan will be included in the required PUD agreement which will be reviewed and approved by
the Council later. The agreement will outline performance and design standards for buildings within the district.
The applicant has proposed keeping the existing billboard located along Highway 10. City ordinance identifies
billboards as a principal use of the property, requiring their removal when the property is dedicated to a new use.
The concept plan is proposed to be amended to include the billboard as an accessory use on the same lot as the
mini-storage facility.
Mini Storage Project
As noted above, the PUD concept plan includes a number of uses, but the applicant is requesting approval of the
mini-storage use with the current application package.
Site Plan
The storage facility will access Twin Lakes Road through one proposed driveway in the NE corner of the site. The
current driveway is shown as full-access, but this will be changed with future improvements to Twin Lakes Road
as it is further developed as a 4-lane divided corridor. When the street is upgraded, access to the site will be
restricted to right-in-right-out only.
A portion of the private improvements, parking and drive areas, are located within right-of-way that was dedicated
to the city with the plat of Natures Edge Business Center Second Addition. Vacation of a portion of this easement
has been requested and is currently under review. Should the vacation not be approved, the applicant will need to
update their plans to remove all impacts to the right-of-way and comply with required setbacks.
Plans identify four buildings of varying sizes that will be rented to the general public for storage uses. The
remainder of the site consists of parking and drive areas to support access to the buildings, and a small area that
could be used for outside storage. These improvements impact a delineated wetland, and the applicant is required
to comply with state standards for approval of the impacts. Parking and drive areas are bound by B612 curb and
gutter and paved with bituminous.
Architectural Review
The submitted plans show the building to generally be finished with metal panels of two contrasting colors. Due
to the location on Twin Lakes Road and the proximity of the site to Business Park uses, which require upgraded
design standards, staff has recommended a condition that the buildings, and all of those proposed within the
PUD, comply with the design standards outlined in the Business Park Zoning district. This will ensure that
projects developed along planned primary corridors are generally consistent. Staff recommends this standard apply
to all facades clearly visible from the public right-of-way.
All fencing proposed for this project shall consist of a rod-iron style where clearly visible from the public right-of-
way. The fencing will need to be modified to screen any proposed outdoor storage areas.
Applicable Regulations
Zone Change
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by
the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant
provisions, if any, in the land use plan.
In addition to the requested zone change, the applicant has requested a land use amendment that will impact a
portion of the subject site. The proposed amendment will establish a single land use, Highway Business, for the
entire site. While the long-term plans included in the PUD plan include a variety of uses, the proposed uses within
the district and the Comprehensive Plan support the rezoning to PUD.
Conditional Use Permit/PUD
City ordinances outline the process for reviewing a proposed Planned Unit Development project and include a
series of standards that the proposal should be evaluated against. Sec 30-1564 outlines these standards as follows:
1. Land will be zoned into the PUD zoning district only upon approval of a concept plan for the PUD, pursuant to the
procedure set forth in this section. A PUD will be authorized on land in a PUD zoning district only upon issuance of a
conditional use permit, pursuant to the procedure set forth in this section.
The applicant has submitted a PUD concept plan as part of their application package. The plan includes a
ministorage facility, commercial uses, light industrial, and a proposal to retain the existing billboard. The
concept plan includes potential parking and drive areas within the property, and impacts to a portion of
the city owned lot south of the project. The proposed impacts to the city owned lot are not being
considered as part of this request and any future impacts to the city parcel will need additional reviews and
approvals from the City Council.
2. The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land use map,
and to those uses identified in the concept plan for the PUD zoning district and the conditional use permit for the PUD.
An update to the Comprehensive Plan is included in the current application package. Approval of this
update will establish consistency with the proposed uses in the PUD concept plan and the Comprehensive
Plan. The uses will be outlined in the PUD Agreement and future development within the district will
utilize the Conditional Use Permit process to ensure consistency with city ordinances and the proposed
plan.
3. The area of land to be included in a PUD shall be in uniform control of the applicant.
The PUD plan includes private improvements to what is currently city right-of-way. Council will review
an easement vacation request that will create the opportunity for the applicant to acquire the required
property. The PUD will not be recorded until the applicant is in control of all parcels proposed for private
improvement. The concept plan also includes a future street that is on city owned property. This
improvement will require additional approval from the Council. Those approvals have not been requested
at this time, and future improvements will not be authorized until that occurs.
4. A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design
elements, landscaping, lighting and signage.
The current concept plan is designed as one plan, to include drainage guidance for stormwater ponds and
possible wetland impacts. The wetland delineation has been reviewed and approved by the city and state,
and impacts to the wetland will require additional approvals.
5. A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD perimeter
shall be compatible with adjacent uses outside the PUD.
Nearby land uses include industrial and commercial uses similar to those proposed within the proposed
PUD. The existing uses are consistent with surrounding properties.
6. A PUD shall be served by adequate transportation, water, sanitary sewer and drainage systems.
The project area will be served by public services and detailed plans will be reviewed with each phase of
the project. The PUD agreement will require all future improvements to follow the CUP process to
ensure the project area adequately accounts for the proposed impacts.
7. A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities.
The current use proposed with this first phase of the PUD project proposes a single connection to the
east half of a future 4-lane divided roadway. This connection will be reduced to a right-in-right-out at full
build out. The full development of the surrounding road network will support the proposed uses, and this
proposed first phase does not adversely affect the existing public facilities. Full development of the
concept plan will also require additional public street improvements to provide access to the uses in the
southwest corner of the concept plan.
8. The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may
authorize a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent
with the city's comprehensive plan and not adversely affect the public health, safety and welfare.
Approval of a PUD agreement, outlining the performance standards and approval process for the current
project and future development within the concept plan, is included as a condition of approval. The
review and approval of that agreement will take place during a following meeting.
9. More than one principal building may be constructed on a lot within a PUD if authorized by the council. Unless otherwise
permitted by the council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except
that individual lots shall have no less than 80 percent of the minimum area for similar uses.
The project does not conflict with standards described in city code.
Preliminary Plat
City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat.
1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects with
all requirements of this Code, including the zoning regulations and this article.
The proposed subdivision requires approval of a rezoning application. Provided the zoning is amended to
PUD, and recommended conditions are included, the proposed subdivision is consistent with all zoning
regulations.
2. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans, including, but
not limited to, the city's comprehensive development plan.
The subdivision is consistent with all applicable plans.
3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and
siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated.
The physical characteristics of the site support the proposed use. The wetland impacts will be reviewed by
the city and state through the established review process.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required in this article.
The subdivision includes public utilities and stormwater infrastructure that meets city requirements.
Additional permits required to comply with erosion control standards are required and must be secured
prior to building permit issuance.
5. The proposed subdivision will not cause substantial environmental damage.
Again, wetland impacts are under review, and approval of those impacts is included as a condition of
approval.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court.
There are no conflicts with easements of record.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
Neighboring properties are largely developed, and the uses are consistent with the proposed uses. The
subdivision will not impact reasonable development of neighboring land.
8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
The subdivision is not premature as the above conditions have been provided for.
In reviewing the standards for approval of a Land Use Amendment, Zone Change, Planned Unit Development,
and Preliminary Plat, the proposed project meets the standards, and is recommended for approval with the
outlined conditions.
Financial Impact
None
Mission/Policy/Goal
Supports the growth and development of the business community.
Attachments
Location Map
Applicant’s Narrative
PUD Concept Plan
Ministorage Site Plans
Ministorage Architectural Plans
Preliminary Plat
PROJECT LOCATIONSITEMINNESOTAVINJE COMMERCIAL ADDITION PRELIMINARY PLATLUCAS STORAGE PLUS CUP PLANSCOMMERCIAL SITE IMPROVEMENT PROJECTELK RIVER, MNCITY OF ELK RIVER, MNSHERBURNE COUNTYSITESITEINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJESITE
FFE889.58GFE887.38LFE881.28SSSSSSSSCOCOCCTBX TBXHHFESINV=876.66EMSSSSMHRE=888.07INV=872.35 (E)INV=872.33 (W)INV=872.71 (S)WV887.22CBRE=886.84INV=883.54 (N, S)CBRE=886.95INV=883.37 (S, ENE)SSSSMHRE=887.65INV=872.01 (S)INV=871.94 (E)INV=871.90 (W)WV887.60WV887.60WV887.52WV888.78WV888.80WV888.76SSSSMHRE=888.78CBRE=884.48INV=880.58 (E, W)SSSSMHRE=885.10SSSSMHRE=885.80SSSSMHRE=886.11WV885.64SSSSMHRE=885.05TP879.061/2" IP#81941/2" IP#81941/2" IP#21729ROW MARKER887.71/2" IP#81941/2" IP#18420TNHTNH 888.61TNHTNH 888.16TNHTNH890.9224" RCP15" RCPBILLBOARD SIGNBILLBOARD SIGNTRAFFIC
SIGN
EXISTING
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#16807
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90°90°90°110°32'30"69°27'30"1507515075BituminousGravel Drive50255025NORTHERN NATU
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0 53.95145.05N89°52'25"E 412.58 (871.13±)S02°21'15"W (521.1)(275.0)(200.00)(273.85±)(66.0)N02°21'15"E (232.4±)(532.80±)(47.9±)(237.3±)
N07°24'44"W 556.
4
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(635.72)81.58INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJEEXISTING PROPERTY DESCRIPTIONSSITE DATA: SETBACKS (P.U.D): MINIMUM LOT REQUIREMENTS (P.U.D)PROPOSED LEGAL DESCRIPTIONLEGEND:WLPROJECT LOCATIONSURVEY DATAWETLAND DELINEATION
FFE889.58GFE887.38LFE881.28SSSSSSSSCOCOCCTBX TBXHHFESINV=876.66EMSSSSMHRE=888.07INV=872.35 (E)INV=872.33 (W)INV=872.71 (S)WV887.22CBRE=886.84INV=883.54 (N, S)CBRE=886.95INV=883.37 (S, ENE)SSSSMHRE=887.65INV=872.01 (S)INV=871.94 (E)INV=871.90 (W)WV887.60WV887.60WV887.52WV888.78WV888.80WV888.76SSSSMHRE=888.78CBRE=884.48INV=880.58 (E, W)SSSSMHRE=885.10SSSSMHRE=885.80SSSSMHRE=886.11WV885.64SSSSMHRE=885.05TP879.061/2" IP#81941/2" IP#81941/2" IP#21729ROW MARKER887.71/2" IP#81941/2" IP#18420TNHTNH 888.61TNHTNH 888.16TNHTNH890.9224" RCP15" RCPBILLBOARD SIGNBILLBOARD SIGNTRAFFIC
SIGN
EXISTING
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#16807
Deck
90°90°90°110°32'30"69°27'30"1507515075BituminousGravel Drive50255025NORTHERN NATU
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0 53.95145.05N89°52'25"E 412.58 (871.13±)S02°21'15"W (521.1)(275.0)(200.00)(273.85±)(66.0)N02°21'15"E (232.4±)(532.80±)(47.9±)(237.3±)
N07°24'44"W 556.
4
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(635.72)81.58INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJESITE DATA: LEGEND:WLSITE PLAN NOTES GENERAL NOTES PARKING DATA: BUILDING DATA EXISTING PROPERTY DESCRIPTIONSPROPOSED LEGAL DESCRIPTIONPROJECT LOCATIONSURVEY DATA
FESINV=876.66CBRE=884.48INV=880.58 (E, W)SSSSMHRE=885.10SSSSMHRE=885.80SSSSMHRE=886.11WV885.64SSSSMHRE=885.05TP879.061/2" IP#8194TNHTNH 888.61TNHTNH888.165025NORTHERN NAT
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0LEGEND:INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJESURVEY DATA
FESINV=876.66CBRE=884.48INV=880.58 (E, W)SSSSMHRE=885.10SSSSMHRE=885.80SSSSMHRE=886.11WV885.64SSSSMHRE=885.05TP879.061/2" IP#8194TNHTNH888.61TNHTNH 888.165025NORTHERN NAT
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145.05N89°52'25"E 412 (871.13±)(532.80±)N07°24'44"W 556
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681.58LEGEND: SURVEY DATAINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJE
FESINV=876.66CBRE=884.48INV=880.58 (E, W)SSSSMHRE=885.10SSSSMHRE=885.80SSSSMHRE=886.11WV885.64TP879.061/2" IP#8194TNHTNH 888.6TNHTNH888.165025NORTHERN NAT
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EROSION CONTROL INSTALLATION SCHEDULEEROSION CONTROL NOTESEROSION CONTROL MAINTENANCE SCHEDULESWPP NARRATIVEPOLLUTION PREVENTION NOTESRESPONSIBLE PARTYDESIGN CALCULATIONSSWPPP Designer: Owner: DAVID VINJEContractor: Manager: David VinjeEROSION CONTROL QUANTITIES:LEGEND: LOCATION OF SWPPP REQUIREMENTS IN PLANSSWPPP AMENDMENTSSURVEY DATAINFILTRATION BASIN NOTESVEGETATION GROUND COVER SCHEDULEINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJEEXISTING PROPERTY DESCRIPTIONSSITE DATA: PROPOSED LEGAL DESCRIPTIONPROJECT LOCATION
FFE889.58GFE887.38LFE881.28SSSSSSSSCOCOCCTBX TBXHHFESINV=876.66EMSSSSMHRE=888.07INV=872.35 (E)INV=872.33 (W)INV=872.71 (S)WV887.22CBRE=886.84INV=883.54 (N, S)CBRE=886.95INV=883.37 (S, ENE)SSSSMHRE=887.65INV=872.01 (S)INV=871.94 (E)INV=871.90 (W)WV887.60WV887.60WV887.52WV888.78WV888.80WV888.76SSSSMHRE=888.78CBRE=884.48INV=880.58 (E, W)SSSSMHRE=885.10SSSSMHRE=885.80SSSSMHRE=886.11WV885.64SSSSMHRE=885.05TP879.061/2" IP#81941/2" IP#81941/2" IP#21729ROW MARKER887.71/2" IP#81941/2" IP#18420TNHTNH888.61TNHTNH 888.16TNHTNH890.9290°90°90°110°32'30"69°27'30"150751507550255025NORTHERN NAT
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0 53.95145.05N89°52'25"E 412.58 (871.13±)S02°21'15"W (521.1)(275.0)(200.00)(273.85±)(66.0)N02°21'15"E (232.4±)(532.80±)(47.9±)(237.3±)
N07°24'44"W 556.
4
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(635.72)81.58LEGEND: DEMOLITION NOTES INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJEEXISTING PROPERTY DESCRIPTIONSPROPOSED LEGAL DESCRIPTIONPROJECT LOCATIONSURVEY DATA
BITUMINOUS PAVEMENT CONCRETE PAVEMENT - HEAVY DUTYINDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJE
INFILTRATION BASIN GENERAL NOTES:INDEX OF CIVIL SITE DRAWINGS: CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJESTORM WATER MANAGEMENTPOND OUTLET CONTROLSTRUCTURE OCS-1
FFE889.58GFE887.38LFE881.28SSSSSSSSCOCOCCTBX TBXHHFESINV=876.66EMSSSSMHRE=888.07INV=872.35 (E)INV=872.33 (W)INV=872.71 (S)WV887.22CBRE=886.84INV=883.54 (N, S)CBRE=886.95INV=883.37 (S, ENE)SSSSMHRE=887.65INV=872.01 (S)INV=871.94 (E)INV=871.90 (W)WV887.60WV887.60WV887.52WV888.78WV888.80WV888.76SSSSMHRE=888.78CBRE=884.48INV=880.58 (E, W)SSSSMHRE=885.10SSSSMHRE=885.80SSSSMHRE=886.11WV885.64SSSSMHRE=885.05TP879.061/2" IP#81941/2" IP#81941/2" IP#21729ROW MARKER887.71/2" IP#81941/2" IP#18420TNHTNH 888.61TNHTNH 888.16TNHTNH890.9224" RCP15" RCPBILLBOARD SIGNBILLBOARD SIGNTRAFFIC
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#16807
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90°90°90°110°32'30"69°27'30"1507515075BituminousGravel Drive50255025NORTHERN NATU
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7640 53.95145.05N89°52'25"E 412.58 (871.13±)S02°21'15"W (521.1)(275.0)(200.00)(273.85±)(66.0)N02°21'15"E (232.4±)(532.80±)(47.9±)(237.3±)
N07°24'44"W 556.4
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(635.72)81.58INDEX OF CIVIL SITE DRAWINGS:CIVIL ENGINEERINGSITE DESIGN6106 Excelsior Blvd #8,Minneapolis, MN 55416763-439-2513david@atticstobasements.comDAVIDVINJEEXISTING PROPERTY DESCRIPTIONSSITE DATA:SETBACKS (P.U.D):MINIMUM LOT REQUIREMENTS (P.U.D)PROPOSED LEGAL DESCRIPTIONLEGEND:WLPROJECT LOCATIONSURVEY DATAWETLAND DELINEATION