3.1. DRAFT PC MINUTES 06-27-2023
Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, May 23, 2023
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Dennis Booth, Eric Johnson, Craig
Keisling, Tony Mauren, and Rob Rydberg
Members Absent: None
Also Present: Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and
Records Specialist Katie Porath
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 7:10 p.m. by Chair Larson-Vito.
2. Consider Agenda
Moved by Commissioner Beise and seconded by Commissioner Keisling to approve the May 23,
2023, Planning Commission agenda as presented. Motion carried 7-0.
3. Consider Minutes
Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the April 25,
2023, Planning Commission minutes as presented. Motion carried 7-0.
4.1 Vinje Investments LLC – David Vinje PID #’s 75-011-2401, 75-011-2120, 75-011-3203, 75-
011-3235
Land Use Amendment from Business Park to Highway Commercial, 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
Mr. Carlton presented the staff report.
Chair Larson-Vito opened the public hearing. There was no one present to speak on this item. The Public
Hearing will be continued to the June 27, 2023, Planning Commission meeting.
st
4.2a Waste Management – Elk River Landfill, 11711 221 Ave. NW / 22460 US Hwy. 169
Ordinance Amending Section 30-1834. SWF solid waste facility overlay district, Case No. OA 23-
02
Mr. Leeseberg presented the staff report.
Planning Commission Minutes Page 2
May 23, 2023
-----------------------------
Chair Larson-Vito opened the public hearing. There being no one to speak to this issue, Chair Larson-Vito
closed the public hearing.
Moved by Commissioner Keisling and seconded by Commissioner Beise to recommend approval
of the ordinance amendment to City Code Section 30-1834. Motion carried 7-0.
st
4.2b Waste Management – Elk River Landfill, 11711 221 Ave. NW / 22460 US Hwy. 169
Conditional Use Permit Amendment to Include Additional Property to Improve Stormwater
Management, Case No. CU 23-09
Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend
approval of the Conditional Use Permit with the following conditions:
1. The 2011 Agreement for Issuance of Amended Conditional Use Permit shall be amended to
allow the construction and use of a stormwater pond on a parcel (75-104-1101) outside of the
Solid Waste Facility (SWF) overlay district.
2. There shall be no additional Municipal Solid Waste capacity beyond what was approved in 2011.
Motion carried 7-0.
th
4.3 Jason Bye – 10208 209 Ave. NW
Conditional Use Permit to Establish a Home-Based Business, Construction, Case No. CU 23-11
Mr. Leeseberg presented the staff report.
Chair Larson-Vito opened the public hearing.
th
Bryan Rucks, 10296 209 Ave NW, was concerned about safety. Was there a Stormwater Pollution
Prevention Plan (SWPPP) conducted for this property? He was concerned that there is noise and light
pollution from the site and feels it should be moved to an industrial area.
th
Mary Flynn, 10189 208 Ave NW, stated she has observed large equipment on the site. She was concerned
about the value of her property should she wish to sell in the future.
th
Steve Flynn, 10189 208 Ave NW, questions the location of the accessory structure on the property and
has concerns about vehicle noise. He was concerned about the location of his well in proximity to their
diesel equipment storage.
th
Katie Lehmann, 10170 208 Ave NW, stated she also has noise and light pollution at her property. She
was concerned about the watershed, particularly since runoff drains onto her property. She expressed
concern about the safety of children in the neighborhood with large equipment if the applicant uses the cul-
de-sac.
Mr. Leeseberg stated that access to 20575 Quincy St NW, owned by Curt Werner, runs along the applicant’s
property. Mr. Werner would have to give permission for Mr. Bye to cross this cartway to access the cul-de-
sac. He clarified that accessory structures need to be 20 feet from the property line and the current accessory
structure meets setback requirements.
Ms. Flynn commented that Mr. Bye stated he was given permission to use the easement any way he wants.
Planning Commission Minutes Page 3
May 23, 2023
-----------------------------
th
Deann Wells, 10296 209 Ave NW, questioned if the site met city standards for outdoor storage.
Mr. Rucks asked about the weight restrictions for streets being used by the applicant. He also asked about a
fire protection plan for the site as well as for the neighbors. He added that, if there was power washing
occurring on site, there would need to be a flammable waste tank.
Mr. Leeseberg stated a condition could be added to limit access to the property by driveway only.
Commissioners were not in favor of the application, citing the inability to meet some of the conditions of
the CUP and its effect on neighboring properties.
Commissioner Mauren asked if there was any way to confirm usage of the property and the presence of fuel
on the site.
Mr. Leeseberg stated he could ask the applicant for photos of the interior but may have to consult the city
attorney on what is permitted.
Moved by Commissioner Beise and seconded by Commissioner Booth to continue this item to the
June 27, 2023 Planning Commission meeting. Motion carried 7-0.
4.4 US Home LLC & Rick Foster – Property IDs #75-136-1300, 2400, 3100, 3200, 4200, 4300
Zone Change from R1d (Single Family) to PUD (Planned Unit Development), Case No. ZC 23-05
Conditional Use Permit for a Planned Unit Development (PUD), Case No. CU 23-10
Preliminary Plat for Bradford Park Development, Case No. P 23-04
Mr. Carlton presented the staff report.
Commissioner Mauren asked about the breakdown of 55-foot and 65-foot-wide lots. Mr. Carlton stated
there were 112 55-foot lots and 202 65-foot lots proposed.
The Commission was not in favor of so many small lots located in the southeast corner proposed as the
second phase of the development area. The commission will not act on that portion at this meeting.
Chair Larson-Vito opened the public hearing.
th
Gregory Hammer, 9834 187 Ln NW, expressed concern about the effect on wildlife. He was concerned
about increased traffic.
Bob Schilz, 18499 Olson St NW, asked about the impact to his property site lines. Mr. Carlton referenced
the proposed topography map and indicated there would be little change to the view near his property.
Jim Sweazey, 18434 Cleveland St NW, expressed concern with the mixture of housing types proposed in
the southeast corner in future development. He questioned why the entire project wasn’t considered rather
than two phases.
Planning Commission Minutes Page 4
May 23, 2023
-----------------------------
Mr. Carlton explained that there was a financial cost to the process and the applicant has elected to submit
proposed developments in phases.
Dallas Hawes, 18575 Cleveland St NW, was concerned about the road easement cutting off part of his
property and wondered if the road could be moved more in the other direction.
Myrna Lucky, 18575 Cleveland St NW, was concerned about the wildlife habitat that would be affected.
rd
Tyler Boland, 10421 183 Ave NW, was concerned about the impact to wildlife as well as the road
connections to the southwest corner of the proposed development.
Chair Larson-Vito closed the public hearing.
Paul Tabone, Land Entitlement Manager, Lennar Minnesota, stated the project will be completed in
phases. The applicant will continue to work on final design including a park, open space, trails, and the
wetland area.
Chari Larson-Vito stated the Planning Commission was not in favor of a development that only included
small lot sizes.
Mr. Tabone stated the proposal for the second phase of the development is currently a mixture of 45-foot
and 55-foot-wide lots as well as side-by-side townhomes and back-to-back townhomes.
Chair Larson-Vito asked about the environmental impact.
Mr. Tabone stated they went through an Environmental Review and received comments from agencies
including the Department of Natural Resources (DNR).
Commissioner Mauren asked if the Homeowners Association (HOA) would allow owners to rent their
property.
Mr. Tabone stated homeowners could rent properties in compliance with local ordinances and policies.
Commissioner Rydberg expressed concern with the increase of traffic in the area and asked if the developer
was working with the city and county to widen roads or put in traffic control features.
Mr. Tabone stated the developer is working with county staff and a traffic study showed that the roads are
adequate for this type of growth.
Moved by Commissioner Johnson and seconded by Commissioner Beise to recommend approval
of a Zone Change that rezones the subject property from R-1d to Planned Unit Development
(PUD), subject to the condition that Council approves a PUD agreement outlining the standards of
the subdivision. Motion carried 7-0.
Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend
approval of the Conditional Use Permit establishing a residential Planned Unit Development
(PUD), with the following conditions:
Planning Commission Minutes Page 5
May 23, 2023
-----------------------------
1. A PUD Agreement shall be developed and signed by both parties prior to releasing a final plat
for recording.
2. Streets and access must comply with MN State Fire Code Chapter 5 and Appendix D.
3. Staff approval of all site, utility, engineering, and landscaping plans.
4. Submit a phasing plan outlining the anticipated subdivision additions.
5. Hydrants must be spaced to ensure all portions of a residence are within 250 feet of a hydrant.
6. All watermains shall be looped. Dead-end watermains are not permitted.
7. The water main beneath Ivanhoe Parkway shall be continuous along the entire street to the
connection beneath CR 40.
8. The water main beneath Ivanhoe Parkway should be increased from an 8” line to a 12”,
matching the existing pipe size in Miske Meadows.
9. The existing lift station must remain energized throughout the entire construction process.
10. State and local approval of all wetland permits related to the proposed wetland fill.
11. An internal monotony code for home facades shall be developed and memorialized in the PUD
agreement.
12. Construct trails and trail connections as recommended by the Park and Recreation
Commission.
13. Mailboxes shall be clustered.
14. The front yard setback of 25 feet shall apply to both streets for all corner lots.
15. Driveways shall be limited to 18 feet wide in the property line.
16. All buildable lots shall include a drainage and utility easement for areas within the 45-foot
wetland setback or within 45 feet of the OHW for stormwater ponds.
17. Grading for trails along the pond shall be designed to minimize impacts to existing grades and
vegetation.
18. Grading for the trail north of Ivanhoe shall be updated to create a stable platform/bench for the
trail. Slopes leading to and from the trail must be reduced to minimize erosion.
19. Landscape plans shall identify an overstory tree in the front yard of every parcel and no more
than four of the same tree species shall be on adjacent lots.
20. Add a trail/sidewalk to the southside of Ivanhoe Parkway as it crosses the pond.
21. Complete the trail loop around the central pond as part of this approval of the Bradford Park
development.
22. Complete the trail connection from the park trail to the sidewalk near lots 45 and 46.
23. Create a trail connection from the sidewalk near lot 194, between basins J and K, to the trail
along the pond. This provides maintenance and pedestrian access.
24. Establish a trail connection through outlot C.
25. The street terminating near lots 38 and 39, shall end in a full cul-de-sac.
26. A sign noting “future through street” shall be posted at all temporary dead-end streets.
Motion carried 7-0.
Moved by Commissioner Johnson and seconded by Commissioner Beise to recommend approval
of the Preliminary Plat of Bradford Park subject to the following conditions:
1. Council approval of the Conditional Use Permit (CU 23-10) and Zone Change (ZC 23-05)
supporting the plat.
2. The PUD agreement for Bradford Park must be recorded.
Motion carried 6-1. Commissioner Booth opposed.
5. General Business
Planning Commission Minutes Page 6
May 23, 2023
-----------------------------
There was no reported general business.
6. Council Liaison Updates
Councilmember Westgaard updated the Planning Commission of recent City Council updates.
7. Adjourn Regular Meeting
Moved by Commissioner Johnson and seconded by Commissioner Booth to adjourn the regular
meeting of the Planning Commission. Motion carried 7-0.
The regular meeting adjourned at 9:04 p.m. Chair Larson-Vito called the work session to order at 9:10 p.m.
8.1 Home Occupations
Mr. Leeseberg presented the staff report. Mr. Leeseberg reviewed potential changes to the ordinance.
Commissioners discussed the proposed changes. They agreed that if applicants can’t meet the ordinance
standards, they would need to apply for an Interim Use Permit (IUP) and that the applicant must reside on
the property where they are requesting the home occupation permit.
Chair Larson-Vito, Commissioners Rydberg, Beise, Johnson, and Booth felt that accessory structures should
not be used for home occupations. Commissioners Keisling and Mauren were in favor of allowing accessory
structures if the applicant can make it work.
9. Motion to Adjourn
Moved by Commissioner Johnson and seconded by Commissioner Beise to adjourn the meeting of
the Planning Commission. Motion carried 7-0.
The meeting adjourned at 9:42 p.m.
Minutes prepared by Katie Porath.
___________________
Jill Larson-Vito, Chair
___________________
Tina Allard, City Clerk