Planning Commission Packet 04-23-2024
Planning Commission
Regular Meeting
&
Work Session
Agenda
Tuesday, April 23, 2024
6:30 PM
Elk River City Hall
▪ Regular meeting in Council Chambers
▪ Work Session meeting in Council Chambers
1. CALL MEETING TO ORDER
2. CONSIDER AGENDA
3. CONSIDER MINUTES
3.1 Planning Commission Minutes 03-26-2024
4. PUBLIC HEARINGS
An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments
become part of the official public record. For this reason, all comments must be made at the podium so they can be heard
and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to
questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding
additional testimony.
4.1 Conditional Use Permit: PUD Amendment for Taco Bell Signage
4.2 Preliminary Plat: Natures Edge Business Center Fifth Addition
4.3 Ordinance Amendment: Spectrum Schools PUD
4.4 Ordinance Amendment: Bradford Park PUD
5. GENERAL BUSINESS
Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business
items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion,
solicit public feedback.
6. COUNCIL LIAISON UPDATES
7. MOTION TO ADJOURN REGULAR MEETING
8. WORK SESSION – UPPER TOWN CONFERENCE ROOM
Work Sessions are less formal meetings to encourage dialog. Official action or votes are not typically taken. At the
conclusion of a discussion, a simple consensus provides staff direction for execution of the item. This portion of the agenda
is audio recorded but not video recorded or broadcast. Work Sessions are open to the public; however, visitors who wish
to provide input must be invited by the presiding officer, assume a seat at the discussion table and provide their full name
and address for the official record.
8.1 Concept Review: Rueter Walton - Proposed Apartments
9. MOTION TO ADJOURN
Page 1 of 207
Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, March 26, 2024
Members Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Eric Johnson, Tony Mauren, and Rob
Rydberg
Members Absent: Commissioner Dennis Booth
Council Liaison: Councilmember Matt Westgaard
Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr.
Administrative Assistant/Recording Secretary Jennifer Green
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 6:46 p.m. by Chair Larson-Vito.
2. Consider Agenda
Moved by Commissioner Beise and seconded by Commissioner Mauren to approve the March 26,
2024, Planning Commission agenda as presented.
Motion carried 5-0.
3. Consider Minutes
Moved by Commissioner Johnson seconded by Commissioner Beise to approve the February 27,
2024, Planning Commission minutes as presented.
Motion carried 5-0.
4. Election of Officers
▪Chair
▪Vice Chair
The Planning Commissioner discussed the officer positions.
Moved by Commissioner Johnson seconded by Commissioner Mauren to appoint Perry Beise as
Planning Commission Chair effective April 2024 for a term ending March 2025.
Motion carried 5-0.
Moved by Commissioner Rydberg seconded by Commissioner Beise to appoint Jill Larson-Vito as
Planning Commission Vice-Chair effective April 2024 for a term ending March 2025.
Motion carried 5-0.
Page 2 of 207
Planning Commission Minutes Page 2
March 26, 2024
-----------------------------
5.1 Ken Beaudry
▪Ordinance Amendment – Lot Line Changes and Platting Small Parcels, Case No. OA 23-07
Mr. Carlton presented the staff report.
Commissioner Mauren asked if Mr. Carlton felt this amendment would be an improvement to the process
and good for the city and applicants.
Mr. Carlton stated it’s a good solution for the applicant’s unique situation and it works with the county’s
regulations. He noted with the recent growth in the city, there are some remnant parcels with legal
descriptions containing metes and bounds; as the city grows, these situations may be seen more often. He
stated that by adding this to our ordinance, the city provides an exemption to the platting process for certain
situations. He didn’t feel the city would see this happen very often.
Chair Larson-Vito opened the public hearing.
There being no one present to speak on this item, Chair Larson-Vito closed the public hearing.
Moved by Commissioner Rydberg seconded by Commissioner Johnson to recommend approval of
the request by Ken Beaudry for an Ordinance Amendment adding language to Chapter 30-352,
Platting Required; Exceptions, as outlined in the staff report.
Motion carried 5-0.
6.1 City of Elk River
▪Ordinance Amendment – Commercial Signage Along US Highway 169, Case No. OA 23-07
Mr. Carlton presented the staff report.
Mr. Leeseberg presented pictorial slides from the neighborhoods along the Highway 169 corridor to provide
the Commission with examples of the light pollution from various light sources.
Commissioner Mauren asked about the rationale behind the noted exemptions in the ordinance.
Mr. Carlton stated their rationale began with what other cities have done along with the transportation
analysis suggesting a 40’ height limit. He stated in this corridor he recognized the residential neighborhoods
nearby and felt this was more appropriate. He stated they also didn’t want to create situations where current
signage would be legal non-conforming.
The Planning Commission complimented staff on the work they put into this amendment.
Moved by Commissioner Rydberg and seconded by Commissioner Johnson to recommend
approval of the Ordinance Amendment for Commercial Signage along US Highway 169 as outlined
in the staff report.
Motion carried 5-0.
Page 3 of 207
Planning Commission Minutes Page 3
March 26, 2024
-----------------------------
------------
Mr. Carlton indicated to the Planning Commission that staff would be rolling out new agenda management
software with the April meeting. He noted packets would be electronic and viewed on Chromebooks with
no delivery of paper copies.
Mr. Carlton indicated they would have a discussion on bylaws next month.
7. Council Liaison Updates
Councilmember Westgaard updated the commission on recent council decisions.
8. Motion to Adjourn Regular Meeting
Moved by Commissioner Beise and seconded by Commissioner Johnson to adjourn the regular
meeting of the Planning Commission.
Motion carried 5-0.
The meeting was adjourned at 7:17 p.m.
Minutes prepared by Jennifer Green.
___________________
Jill Larson-Vito, Chair
___________________
Tina Allard, City Clerk
Page 4 of 207
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.1
Meeting Date
April 23, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Conditional Use Permit: PUD Amendment for Taco
Bell Signage
Reviewed by:
Zack Carlton
Action Requested
Recommend, by motion, approval of a PUD amendment limiting the freestanding sign height consistent with
the C-3 (Highway Commercial) sign ordinance.
Background/Discussion
The property is zoned Planned Unit Development (PUD) where changes to size regulations (“variances”)
require a Conditional Use Permit (CUP) to amend the PUD agreement. The applicant is seeking a CUP to
allow signage consistent with the C-3 (Highway Commercial) sign ordinance.
On April 15, 2024, the City Council approved an amendment to Section 30-871 essentially capping sign
heights to 40-feet above the nearest point grade of the main line of Highway 169. The ordinance also
accounts for grade changes along Highway 169.
Many commercial properties along Highway 169 that would benefit from this amendment are in PUD districts
and the city cannot initiate an amendment to those standards. Landowners within each PUD will need to
request an amendment to their sign regulations, as this applicant has done.
Applicable Regulations
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the
development or operation of the proposed use as it considers necessary to satisfy the seven standards set
forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and
minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity
or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
Allowing an increased sign height will not endanger, injure or detrimentally affect the use and enjoyment of
other property in the immediate vicinity or the public health, safety, morals, comfort, convenience, or general
welfare of the neighborhood or the city.
Staff do not see a need to impose specific conditions to satisfy this standard.
Page 5 of 207
2. Will be consistent with the comprehensive plan.
The property is guided as Highway Business. The highway business category primarily consists of a mix of
auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping
centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from
these corridors. The use is consistent with the Comprehensive Plan.
Staff do not see a need to impose specific conditions to satisfy this standard.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The surrounding area is fully developed. The use will not impede the normal and orderly development and
improvement of surrounding vacant property.
Staff do not see a need to impose specific conditions to satisfy this standard.
4. Will be served adequately by and will not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in
particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The use will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and
schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and
neighboring public thoroughfares.
Staff do not see a need to impose specific conditions to satisfy this standard.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors,
dust, or vibrations.
Staff do not see a need to impose specific conditions to satisfy this standard.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The proposed signage will be installed in a location that has previously been developed. The use will not result
in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Staff do not see a need to impose specific conditions to satisfy this standard.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license or permit to establish and operate the proposed use in the city.
The use will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
Staff do not see a need to impose specific conditions to satisfy this standard.
If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or
a report stating how the proposed use does not comply with the standards set forth in Section 30-654.
Financial Impact
None
Page 6 of 207
Mission/Policy/Goal
Meet changing needs - Agile
Attachments
1. Applicant's Narrative
2. Location Map
3. Sign Plans
Page 7 of 207
Requesting an Amendment to the Planned Unit Development for Site and Building sign allowances to follow
the "C-3 Highway Commercial District" standards as outlined in the City Code.
Page 8 of 207
Page 9 of 207
Page 10 of 207
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.2
Meeting Date
April 23, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Preliminary Plat: Natures Edge Business Center Fifth
Addition
Reviewed by:
Chris Leeseberg
Action Requested
Recommend, by motion, approval of the Preliminary Plat of Natures Edge Business Center Fifth Addition with
the condition that the closing for the purchase of city-owned property occurs in conjunction with the
recording of the plat.
Background/Discussion
The applicant, Heritage Millwork, is proposing to plat the city-owned property, Outlot B, in the Natures Edge
Business Center Fourth Addition subdivision. The applicant has been working with city staff and the City
Council to acquire a portion of the parcel to support development of their light manufacturing operation.
The plat creates two lots, the first of which is a 14.06-acre parcel which will be the site of the proposed light
manufacturing operation, and the second will be re-platted as an outlot to support future development. Both
lots will be served by city sewer and water and meet all minimum design criteria for a buildable lot in the
city’s business park zoning district.
The buildable lot will be sold by the city to the applicant. The city will retain ownership of the outlot and
continue to market the property for additional business park uses.
The proposed use of the site is a permitted use and will be reviewed under the city’s administrative site plan
review process. The use does not require a conditional use permit or any additional land use action from the
Planning Commission or City Council.
Applicable Regulations
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 property is zoned Business Park, and the proposed parcels meet all dimensional requirements. The
buildable lot is developable in its current form, but the outlot will need to be re-platted in the future. The
proposed subdivision is consistent with all zoning regulations.
Page 11 of 207
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 property is guided for business park uses and makes adequate provisions for protection of the regional
stormwater features. The subdivision is also 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 are suitable for the type and density of development and uses
contemplated.
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 parcels being platted are served by city utilities, but development may not occur until the proposed light
manufacturing use has been approved through the city’s site plan review process. Infrastructure and service
impacts will be reviewed as part of that process.
5. The proposed subdivision will not cause substantial environmental damage.
The subdivision will not cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a
court.
The proposed subdivision will not conflict with easements of record or with easements established by
judgment of a court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring
land.
Neighboring properties contain large lot industrial and commercial uses. The proposed subdivision will not
adversely impact the reasonable development of neighboring lands.
8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists:
1. Lack of adequate stormwater drainage.
2. Lack of adequate roads.
3. Lack of adequate sanitary sewer systems.
4. Lack of adequate off-site public improvements or support systems.
The subdivision is not premature as the above conditions have been provided for
Financial Impact
Sale of the parcel will reimburse the city's development costs for the public infrastructure within the
subdivision.
Mission/Policy/Goal
Supports the growth and development of the business community.
Attachments
1. Location Map
2. Preliminary Plat
3. Preliminary Site Plan
Page 12 of 207
Page 13 of 207
Page 14 of 207
NPage 15 of 207
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Page 16 of 207
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.3
Meeting Date
April 23, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Ordinance Amendment: Spectrum Schools PUD
Reviewed by:
Chris Leeseberg
Action Requested
Recommend, by motion, approval of the proposed ordinance amendment establishing the PUD district and
standards for Spectrum Schools.
Background/Discussion
On March 4, 2023, the Elk River City Council approved a zone change and CUP authorizing the establishment
of a Planned Unit Development (PUD) for Spectrum Schools. City code now states that PUDs should be
established with an ordinance rather than through the CUP process. This change was made to improve the
availability of PUD information for property owners or developers working within the PUD, and to ease
future amendments to the PUD district.
While this PUD development was approved under the previous guidance, requiring a PUD agreement rather
than an ordinance, city staff initiated the ordinance amendment process to codify the PUD standards in
accordance with the current process. As development of the site has not yet begun, the transition to an
ordinance puts the project in a better long term position for developers, and the land owner as they seek to
build out their school uses.
The proposed PUD ordinance incorporates the plans and development standards discussed during the
Planning Commission and City Council meetings, including the conditions of approval from the City Council.
The City Council packet is also attached for reference.
Financial Impact
None
Mission/Policy/Goal
Supports the growth and development of the business community.
Agile, adapting to the changing needs of the community.
Attachments
1. City Council Packet 3-4-2024
2. Spectrum School PUD Ordinance
Page 17 of 207
Page 18 of 207
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
Request for Action
To
Mayor and City Council
Item Number
7.2
Agenda Section
Public Hearings
Meeting Date
March 4, 2024
Prepared by
Zack Carlton, Community Development Director
Item Description
Spectrum Schools Planned Unit Development (PUD):
17796 & 17823 Industrial Cir NW
Zone Change from I-1 and BP to PUD
Conditional Use Permit to establish the PUD
Reviewed by
Chris Leeseberg, Senior Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, an ordinance changing the zoning of certain
parcels from I-1 and BP to Planned Unit Development (PUD), with
the following conditions:
1. City Council approval of the preliminary and final plat of Elk
River SBC Addition.
2. The plat must be recorded prior to recording the ordinance
amending the zoning to PUD.
3. A PUD agreement shall be approved by the City Council prior
to recording the Zone Change.
Approve, by motion, the Conditional Use Permit establishing a PUD,
with the following conditions to satisfy the standards set forth in
Section 30-654:
1. Capacity of the school, combination of all three facilities
(17796 Industrial Circle, 11044 Industrial Circle, and 17823
Industrial Circle) within the industrial park, shall not exceed
1,000 students.
2. No school-related parking shall be permitted on the adjacent
public street.
3. Due to the industrial nature of the neighborhood, the school
recognizes that noise, odors, truck traffic, and other
undesirable effects may be present.
4. The City Council shall approve a PUD agreement prior to
releasing any building permits within the district.
5. The city may require parking and traffic analysis for any future improvements within the district to ensure
compatibility with surrounding uses.
6. Building design, materials, and setbacks must match the requirements of the Business Park district.
Page 19 of 207
Background/Discussion
The applicant, Spectrum Schools, has requested approval of a zone change and CUP to create a Planned Unit
Development (PUD) district to support additional development of their educational facilities. Spectrum schools
received their last city approval in 2017, which permitted construction of the middle school building at 17823
Industrial Circle. After that approval, the City Council directed staff to remove educational uses as an allowed use
in the Business Park zoning district, and all three Spectrum Facilities are now considered legal non-conforming
uses. The school has continued to operate under the legal non-conforming status but has recently been reviewing
possible changes to their middle and high school buildings to support their academic and sports programming.
The request does not include an increase in the number of students (1,000 students in grades 6 to 12), which was
permitted with their last approval in 2017. Their proposal to establish a PUD would only support the construction
of additional facilities on the current middle and high school properties. The 6th grade building, which is part of a
larger industrial condo building, would not be included in the PUD district and would continue to operate as a
legal non-conforming use.
Approval of the PUD district will provide spectrum with an opportunity to grow within the current property
boundaries of the middle school building (17823 Industrial Circle), and the new high school parcel created with
the plat of Elk River SBC Addition. Once the PUD has been approved and recorded, future building or site
additions, not supporting additional students, will require an administrative site plan review and a building permit.
Planning Commission
The Planning commission held a public hearing on February 27, 2024, to review the requested zone change and
PUD. No one spoke during the hearing, and the city has not received any comments for or against the
proposal.
The Planning Commission discussed the addition of a sixth condition requiring future development within the
PUD to follow the Business Park design standards, ensuring visual consistency with the surrounding uses. With
the additional condition, the Commission unanimously recommended approval.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - Agile
Support the educational goals of the community
Ethical, efficient, and responsible
Attachments
Planning Commission Packet dated February 27, 2024
Zone Change Exhibit
Ordinance Amendment
Conditional Use Permit
Page 20 of 207
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
Request for Action
To
Planning Commission
Item Number
5.2
Agenda Section
Public Hearings
Meeting Date
February 27, 2024
Prepared by
Zack Carlton, Community Development Director
Item Description
Spectrum High School, 17796 Industrial Blvd. NW
Zone Change from I-1 and BP to PUD, Case No.
ZC 23-08
Conditional Use Permit for a Planned Unit
Development (PUD), Case No. CU 23-24
Reviewed by
Chris Leeseberg, Senior Planner
Reviewed by
Action Requested
Recommend, by motion, approval of the proposed zone change from
I-1 and BP to Planned Unit Development (PUD), with the following
conditions:
1. City Council approval of the preliminary and final plat of Elk
River SBC Addition.
2. The plat must be recorded prior to recording the zone change
to PUD.
3. 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 PUD, with the following conditions to satisfy the
standards set forth in Section 30-654:
1. Capacity of the school, combination of all three facilities
(17796 Industrial Circle, 11044 Industrial Circle, and 17823
Industrial Circle) within the industrial park, shall not exceed
1,000 students.
2. No school-related parking shall be permitted on the adjacent
public street.
3. Due to the industrial nature of the neighborhood, the school
recognizes that noise, odors, truck traffic, and other
undesirable effects may be present.
4. The City Council shall approve a PUD agreement prior to
releasing any building permits within the district.
5. The city may require parking and traffic analysis for any future improvements within the district to ensure
compatibility with surrounding uses.
Background/Discussion
The applicant, Spectrum Schools, has requested approval of a zone change and CUP to create a Planned Unit
Development (PUD) district to support additional development of their facilities. Spectrum schools received their
Page 21 of 207
last city approval in 2017, which permitted construction of the middle school building at 17823 Industrial Circle.
After that approval, the City Council directed staff to remove educational uses as an allowed use in the Business
Park zoning district, and all three Spectrum Facilities along Industrial Circle have been considered legal non-
conforming uses since that change. The school has continued to operate under the legal non-conforming status
but has recently been reviewing possible changes to their middle and high school buildings to support their
academic and sports programming.
The request does not include an increase in the number of students (1,000 students in grades 6 to 12), which was
permitted with their last approval in 2017. Their proposal to establish a PUD would only support the construction
of additional facilities on the current middle and high school properties. The 6th grade building, which is part of a
larger industrial condo building, would not be included in the PUD district and would continue to operate as a
legal non-conforming use.
Approval of the PUD district will provide spectrum with an opportunity to grow within the current property
boundaries of the middle school building (17823 Industrial Circle), and the new high school parcel created with
the plat of Elk River SBC Addition. Once the PUD has been approved and recorded, future building or site
additions, not supporting additional students, will require an administrative site plan review and a building permit.
PUD Concept Plans
The current PUD concept plans include an addition of an approximately 36,000 SF field house and a 13,000 SF
classroom addition to the middle school building, remodeling of the existing high school gymnasium, a recreation
field and parking expansion west of the high school, and a maintenance and storage garage. The submitted
concept plans show a general layout and location of the uses, but the final plans may differ from these concepts
and will require subsequent review and approval by city staff.
Building materials, design choices, parking standards, and setbacks must match the requirements of the Business
Park district to ensure continuity with the surrounding industrial properties.
Staff reserve the right to require parking and traffic analysis for any future additions to verify traffic from the
school will not detrimentally impact the operation of the surrounding industrial uses.
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.
The current middle and high school parcels are zoned BP (Business Park). The outlot west of the high school
parcel, a portion of which is included in the proposed plat of Elk River SBC Addition is zoned I-1 (Light
Industrial). The requested rezoning includes the existing middle school parcel and the proposed high school
parcel. The rezoning to PUD must occur after approval of the Elk River SBC Addition plat.
The proposed uses on these parcels would not change, but the request supports expansion of existing uses on the
same sites they currently have approval to operate. The student count will not change, and the overall impact to
the surrounding parcels will be minimal.
Conditional Use Permit/PUD
City ordinances outline the process for reviewing a proposed PUD project and include a series of standards that
the proposal should be evaluated against. Sec 30-1564 outlines these standards as follows:
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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 PUD concept plans as part of their application package. The plans include a
variety of building and site improvements to support the existing educational use, including an
approximately 36,000 SF field house and a 13,000 SF classroom addition to the middle school building,
remodeling of the existing high school gymnasium, a recreation field and parking expansion west of the high
school, and a maintenance and storage garage.
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.
The Comprehensive Plan guides the existing middle school parcel (75-00659-0210) and high school parcel
(75-00659-0115) for public/semi-public uses. This land use category supports educational uses, and all
uses within the district support an existing educational use.
3. The area of land to be included in a PUD shall be in uniform control of the applicant.
The applicant owns all of the parcels included within the requested PUD district.
4. A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design
elements, landscaping, lighting and signage.
Proposed improvements within the district will support the existing educational uses on the parcels.
Building additions within the district will be required to follow the Business Park design standards to
ensure uniformity with the existing buildings that have been designed under those standards as well as
consistency with the surrounding industrial uses.
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.
Spectrum has operated on both parcels since their last approval in 2017. The PUD would permit
expansion of the buildings but would not substantially change the characteristics of the use. The operation
of the school has generally been compatible with adjacent land uses. The proposed uses are compatible
with adjacent uses outside of the PUD.
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 receive administrative site plan
and building permit approval to ensure state and local standards are met.
7. A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities.
The PUD will support an existing school operation and allow the school to better support their students.
The use has existed on these sites for several years, and the PUD will not adversely affect existing or
proposed public facilities.
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 subsequent City Council meeting.
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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.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - Agile
Support the educational goals of the community
Ethical, efficient, and responsible
Attachments
Location Map
Applicant’s Narrative
Site Plans
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Page 2 of 5
ZONING CHANGE APPLICATION
Description of Project Narrative
Type written narrative explaining your request in detail should include, but not limited to, all the following
applicable information:
• Detailed description/scope of project. What is being proposed?
Project proposed includes an addition of an approx. 36,000 s.f. fieldhouse first floor (plus approx. 24,000
s.f. second floor) and remodeling of the existing 9,585 s.f. high school gymnasium into an
auditorium/performing arts center.
• What are the reasons/purposes for the proposed Zone Change?
Spectrum High School received their last approval in 2017 authorizing the operation of the 7th/8th grade
center, an educational use in a Business Park district.
Shortly after, the City Council adopted an ordinance amendment removing institutional uses – education-
from Business Park Districts. This change caused reclassification of Spectrum High school’s education use
to a “legal non-conforming use”. This restricted Spectrum High School from further expansion into the
Business Park district, while allowing the school to continue operating in the same capacity for which it had
been approved in its current locations. Changing only Spectrum High School’s parcels to a PUD avoids
having to restore education use in a Business park.
The purpose is to more closely align the zoning of the multiple properties to the approved and current use of
the properties for educational use. This will allow current and future projects to be completed within the
accepted zoning use instead of the current industrial park.
• What has changed to warrant the Zone Change?
How is the request consistent with City of Elk River Comprehensive Plan?
The zoning change allows current and future projects to be completed within the accepted zoning use
instead of the ordinance controlling use within the current industrial park. The zoning change allows
the City of Elk River Planning Department and City Council to continue its intent to disallow
educational use within the business park (non-PUD sites) while also working with Spectrum High
School to fulfill the intended goal numbers on property already owned by the school/building
company.
How compatible is it with surrounding properties?
Spectrum High School has existed at this location since 2011. They have expanded at two adjacent
sites; the 6th grade center in 2014 and the 7th and 8th Grade in 2018. The school has done everything
within their control to reduce any neighborhood concerns such as traffic, bus routes, drop off and pick
up procedures, and parking lot expansion. These measures have greatly reduced impact on other
business functions. Spectrum reports positive relationships with neighboring businesses.
• What are the benefits to the City?
Rezoning Spectrum properties from the current Industrial Park to a PUD takes away the precedent
allowing educational use in an industrial park. The city limits the growth of the school (currently
located in the business park) to these PUD properties and is able to anticipate future expectations.
Page 26 of 207
Page 3 of 5
CONDITIONAL USE PERMIT APPLICATION
Application Requirements
Each of following applicable requirements (unless waived by staff) shall be submitted:
Application Fee
Full legal description of the subject property in an editable Word format
• See attached narrative
A typewritten narrative (see Description of Project Narrative)
• See attached narrative
Site, Utility, Grading/Drainage Plan
• At time of design and permitting these will be addressed.
Landscape Plan completed by registered landscape architect
• At time of design and permitting these will be addressed.
Drainage Calculations o The grading/drainage plan must be reflective of the final plan, including any
revisions required by the Technical Evaluation Panel, if appropriate.
• At time of design and permitting these will be addressed.
Building Elevations, including one (1) color rendering o For townhome projects, calculations of material by
elevation must be included.
• Provided for only current proposed building addition.
Floor Plans
• Provided for only current proposed building addition.
Wetland Delineation (if wetlands are present)
• Does not apply
Wetland Mitigation Plan (if wetlands are impacted) o The wetland delineation and mitigation must be
reviewed by the Technical Evaluation Panel and revisions made prior to review by the Planning Commission.
• Does not apply
EAW/EIS Requirements o The EAW/EIS process must be in concert with any application process. The
Planning Commission must comment on an EAW/EIS along with an application.
• At time of design and permitting, these will be addressed.
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Page 4 of 5
Description of Project Narrative
Detailed description/scope of project.
What is being proposed?
Project proposed includes an addition of an approx. 36,000 s.f. fieldhouse first floor (plus approx. 24,000
s.f. second floor) and remodeling of the existing 9,585 s.f. high school gymnasium into an
auditorium/performing arts center.
How is the request consistent with City of Elk River Comprehensive Plan?
The zoning change allows current and future projects to be completed within the accepted zoning use
instead of the ordinance controlling use within the current industrial park. The zoning change allows the
City of Elk River Planning Department and City Council to continue the intent to disallow educational
use within the business park (non-PUD sites) while also working with Spectrum High School to fulfill
the intended goal numbers on property already owned by the school/building company.
Hours of Operation 7:00 a.m.- 3:30 p.m.
Number of Employees Staff - 103 full-time and 90 part-time
Students – approximately 1,000 at full capacity
Number of parking stalls High School - Existing: 264
Sixth Grade (condominium) Existing: 65
7/8 Grade Center Existing: 57
Donated property -Physical education field (future) 100-113 parking
potential
Is there proposed screening of the site?
No
Proposed building materials
How do they comply with applicable design standards?
• Materials to be matching Precast Panels to existing building(s)
• Materials comply with applicable design standards and are the most compatible with the existing
building architecture being added onto. Design and construction is consistent with other building in the
immediate area.
Signage – (at time of installation, a separate permit is required for each sign)
How many?
Unknown at this time. A separate design and permit process will be followed if signage added.
Proposed sizes?
Unknown at this time. A separate design and permit process will be followed if signage added.
Locations?
Unknown at this time. A separate design and permit process will be followed if signage added
What type?
Unknown at this time. A separate design and permit process will be followed if signage added.
Is there outdoor storage? What is being stored?
• Outdoor trash and storage exists from prior projects. No change is proposed – no change in use or
population?
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Page 5 of 5
• The future High School addition includes maintenance storage and garage to be located in the current
trash area. Space would be provided in the layout of the storage addition to accommodate trash. A
separate design and permit process will be followed if this future addition occurs.
How much?
Existing meets schools needs and current city requirements– no changes proposed.
Proposed screening?
Existing meets current city requirements– no changes proposed.
Page 29 of 207
FG202300-01 SPECTRUM HIGH SCHOOL
17823 Industrial Circle NE
Elk River, Minnesota 55330A2.0FIRST FLOOR - OPTION L
7TH AND 8TH GRADE CENTER
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2.03.0BCDEF2BLOCK 2INDUSTRIAL CIRCLE4.0AC.71.00.90.1G202300-01 SPECTRUM HIGH SCHOOL
17823 Industrial Circle NE
Elk River, Minnesota 55330
OVERALL SITEA1.07TH AND 8TH GRADE CENTER
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G202300-01 SPECTRUM HIGH SCHOOL
17823 Industrial Circle NE
Elk River, Minnesota 55330A2.1SECOND FLOOR
7TH AND 8TH GRADE CENTER
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HIGH SCHOOL
SECOND FLOOR WESTA2.1201700-01 SPECTRUM HIGH SCHOOL
17823 Industrial Circle NE
Elk River, Minnesota 55330
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201700-01 SPECTRUM HIGH SCHOOL
17823 Industrial Circle NE
Elk River, Minnesota 55330
A2.0HIGH SCHOOL
SECOND FLOOR WEST
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202300-01 SPECTRUM HIGH SCHOOL
17823 Industrial Circle NE
Elk River, Minnesota 55330
EXTERIOR ELEVATIONS
A5.0Page 35 of 207
UPA Easement per Document No. 418029ONLYONLYONLYONLY150250
BLOCH ENGINEERING, PLLCblochengineering.com32210 XEON ST NWCAMBRIDGE, MN 55008krystle@blochengineering.comNCHBLENGINEERINGOVERALL SITE PLANPage 36 of 207
Page 37 of 207
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Last Updated January 2023
Ordinance 24 - ____
An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota,
Rezoning Certain Property from Light Industrial (I-1) and Business Park (BP) to
Planned Unit Development (PUD)
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to
rezone the property described in Exhibit A to Planned Unit Development (PUD).
SECTION 2. That the rezoning approved by this Ordinance is based on the following findings:
1. The rezoning is consistent with the City of Elk River Land Use Plan adopted, and
updated, as part of the City of Elk River Comprehensive Plan.
SECTION 3. That this ordinance shall take effect upon satisfaction of the conditions noted in
Exhibit B and be published as provided by law.
Passed and adopted by the City Council of the City of Elk River this 4th day of March, 2024.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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Last Updated January 2023
Exhibit A
Lot 2, Block 2, Elk River Business Park, Sherburne County, Minnesota
AND
Lot 1, Block 1, Elk River SBC Addition, Sherburne County, Minnesota
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Last Updated January 2023
Exhibit B
1. City Council approval of the preliminary and final plat of Elk River SBC Addition.
2. The plat must be recorded prior to recording the ordinance amending the zoning to PUD.
3. A PUD agreement shall be approved by the City Council prior to recording the Zone
Change.
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CITY OF ELK RIVER
SHERBURNE COUNTY
CONDITIONAL USE PERMIT
Case No. CU 23-24
Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a
Conditional Use Permit (“Permit”) requested by Spectrum High School for the following use:
Conditional Use Permit for a Planned Unit Development at 17796 Industrial Circle NW, Elk River
Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River,
Sherburne County, Minnesota:
Lot 2, Block 2, Elk River Business Park, Sherburne County, Minnesota
AND
Lot 1, Block 1, Elk River SBC Addition, Sherburne County, Minnesota
Owner. Owner of the Subject Property at time of the approval of the Permit:
Spectrum Building Company, owner
Conditions. The Permit is issued with the following conditions to satisfy the standards set forth in Section
30-654:
1. Capacity of the school, combination of all three facilities (17796 Industrial Circle,
11044 Industrial Circle, and 17823 Industrial Circle) within the industrial park, shall
not exceed 1,000 students.
2. No school-related parking shall be permitted on the adjacent public street.
3. Due to the industrial nature of the neighborhood, the school recognizes that noise,
odors, truck traffic, and other undesirable effects may be present.
4. The City Council shall approve a PUD agreement prior to releasing any building
permits within the district.
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5. The city may require parking and traffic analysis for any future improvements within
the district to ensure compatibility with surrounding uses.
6. Building design, materials, and setbacks must match the requirements of the
Business Park district.
Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the
herein are complied with. The City may revoke the Permit following a public hearing for violation of the
terms and/or conditions set forth in the Permit.
Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use
permit has not been substantially completed, the permit shall expire and become void, except that the council
may, following recommendation of the planning commission, extend the permit for an additional period
determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional
use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use
ceases for more than six (6) months.
Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance
with the permit. Violation of the terms of the Permit is a criminal misdemeanor.
Recording. The Permit shall be recorded against the title to Subject Property.
Dated: __________, 2024.
CITY OF ELK RIVER
By: ___________________________________
Mayor John J. Dietz
By: ___________________________________
City Clerk Tina Allard
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STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this ___ day of _________,
2024, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the
City Council.
____________________________________
Notary Public
DRAFTED BY:
City of Elk River
13065 Orono Parkway NW
Elk River, MN 55330
Phone: 763-635-1032
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Sec 30-xxx. Spectrum School PUD
A. Legal Description. The following described property located within the City of Elk River,
Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:
Lot 2, Block 2, ELK RIVER BUSINESS PARK, Sherburne County, Minnesota
Lot 1, Block 1, ELK RIVER SBC ADDITION, Sherburne County, Minnesota
B. PUD Development Standards. The property shall be subject to the following standards.
(1) Uses
a. Permitted Uses
1. Educational Institutions
b. Accessory Uses
1. Parking lots
2. Structures, accessory.
3. Towers (less than 60 feet in height).
4. Signs consistent with the Business Park zoning district.
5. Private recreational facilities subordinate to the principal use.
(2) Lot Size
a. The PUD permits lot sizes consistent with the Business Park zoning district.
(3) Setbacks
a. All building setbacks shall be consistent with the Business Park zoning district.
b. All other setbacks shall be consistent with the relevant section of the city code.
(4) Additional Design Standards:
a. All development shall be consistent with the Business Park zoning district design
standards.
(5) Any requirement not specifically described within this section shall remain consistent
with the City of Elk River Code of Ordinances.
C. Development Plans. The PUD shall be developed in accordance with the following plans, as
amended from time to time, on file at city hall.
Plan A – Site plans included reviewed by the Elk River City Council and included in their
packet on March 4, 2023, and subject to all conditions of approval.
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.4
Meeting Date
April 23, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Ordinance Amendment: Bradford Park PUD
Reviewed by:
Chris Leeseberg
Action Requested
Recommend, by motion, adoption of the proposed ordinance amendment establishing and outlining the
development standards for the Bradford Park PUD.
Background/Discussion
The City Council approved the plat and PUD for the Bradford Park subdivision last year, prior to the
ordinance change amending the city code related to PUDs. City code now states that PUDs should be
established with an ordinance rather than through the CUP process. This change was made to improve the
availability of PUD information for residents or developers working within the PUD, and to ease future
amendments to the PUD district.
While this subdivision was approved under the previous guidance, requiring a PUD agreement rather than an
ordinance, city staff initiated the ordinance amendment process to codify the PUD standards in accordance
with the current process. As development of the site has not yet begun, the transition to an ordinance puts
the project in a better long term position for developers, and especially residents, as they begin to establish
themselves in the city.
The proposed PUD ordinance incorporates the plans and development standards discussed during the
Planning Commission and City Council meetings, including the conditions of approval from the City Council.
The City Council packet is also attached for reference.
Financial Impact
None
Mission/Policy/Goal
Simplify city ordinances and policies.
Support the growth and development of the residential community.
Attachments
1. City Council Packet 7-17-2023
2. Bradford Park PUD Ordinance
Page 46 of 207
Page 47 of 207
Request for Action
To Item Number
Mayor and City Council 7.9
Agenda Section Meeting Date Prepared by
Public Hearings July 17, 2023 Zack Carlton, Community Development Director
Item Description Reviewed by
Lennar’sBradford Park Subdivision– Property IDs Chris Leeseberg, Senior Planner
75-136-1300, 2400, 3100, 3200, 4200, & 4300 Reviewed by
a. Zone Change: R1d (Single-Family) toPUD Cal Portner, City Administrator
Planned Unit Development)
b. Conditional Use Permit: Establish a Residential
PUD for Bradford Park
c. Preliminary Plat: Bradford Park
Action Requested
Adopt, by motion, an ordinance rezoning the subject properties from R-1d (single-family residential) to Planned
Unit Development (PUD), subject to the condition that Council approves aPUD agreement outlining the
standards of the subdivision.
Approve, bymotion, the Conditional Use Permit establishing a
residential Planned Unit Development (PUD), with the following
conditions:
1. A PUD Agreement shall be developed and signed byboth
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 aphasing plan outlining the anticipated subdivision
additions.
5. Hydrants must be spaced to ensure all portions of a residence
are within 250 feet of ahydrant.
6. All watermains shall be looped. Dead-end watermains are not
permitted.
7. The water main beneath Ivanhoe Parkway shall becontinuous
along the entire street to the connection beneath CR 40.
8. The water main beneath Ivanhoe Parkway should beincreased
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.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and
community engagement that encourages and inspires prosperity
Page 48 of 207
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 20 feet wide at 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 itcrosses 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 Jand 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.
27. The cost to construct the central trail, as identified in the attached park and trail exhibit, shall be funded
by the city through park dedication funds.
28. The cost to construct the 10-foot trail along Cleveland St NW (CR 40) shall be dedicated to the city and
will be used to fund a city project constructing a larger trail project along the corridor.
Approve, by motion, 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.
3. All recommendations from the Parks and Recreation Commission.
Background/Discussion
Case File P 23-04) The applicant, US Home LLC, (Lennar) has submitted a proposal for a new residential
subdivision to be named Bradford Park. The project area includes 250 acres of land immediately south of the
Miske Meadows Subdivision, east of Trott Brook Farms, and west of Cleveland Ave (County Road 40). The
applicant introduced the project in 2022 through the concept review process. The current application responds
to many of the comments made during those meetings.
The proposal seeks approval of 314 single-family parcels ranging between 55 and 65 feet wide. The current
development area is generally located north and west of the centrally located pond. The area south and east of
the pond is not included in the current request for review and approval. However, the plans include a concept of
what the area may look like under a future application. This concept plat shows a denser development style than
the current request.
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Park and Recreation Commission
The Park and Recreation Commission reviewed this project over the course ofthree public meetings. The
discussions included trail locations and size, additional trail connections, land to be dedicated for park uses,
moving lots toaccommodate trail and park plans, and cost sharing of a trail.
After arobust conversation on these topics, the Commission made a number of recommendations that will
shape the park and trail network. Their recommendations are asfollows:
1. The proposed preliminary plat and subsequent final plats shall dedicate a total of 27.37 acres of land to the
city for park purposes – there will beno cash dedication with this preliminary plat approval.
2. Move lots #180 through #184 further west within outlot H to create a more centralized access to the
planned park at the south end of the pond feature.
3. The regional trail within the development (shown in blue inthe attached park exhibit) shall be paid for with
a cost sharing agreement between the city and developer using existing Park Dedication Funds.
4. A 10-foot-wide trail connection between the sidewalk on the south side of Road G and the regional trail
connection between basins Jand K. This trail connection will bepaid for by the developer.
5. Approval of the trail layout depicted in the attached park and trail exhibit.
6. A developer funded trail along the west side of Cleveland Ave/CR 40 that will be constructed by the city as
part of a larger trail project.
The final costs of the regional trail and the city’scost sharing obligation will not be finalized until the
development agreement(s) which approve those public improvements are developed and approved by the City
Council. The Park and Recreation Commission will also review all final plats and plan sets as the project is
phased in.
Planning Commission and Public Hearing
During the public hearing, five residents spoke and asked questions regarding the project. Questions included
impacts to wildlife, tree removals, traffic safety, and intersection designs. Wildlife and natural feature questions
were addressed during the Environmental Assessment Worksheet (EAW) review process and included
numerous comments from the DNR. Most trees on the property will be removed over the course of
development, but this will happen in phases over a period of years. Trees will be added as part of the
development process, but itwill not replace the number of trees which will be removed. Wildlife will relocate
during the phased removal and grading. State standards regarding protected species will be followed atall times.
A traffic analysis was included with the EAW. This was reviewed by city staff and amended based on staff
feedback. The analysis identified aneed for improvements to the planned intersection with Cleveland Ave and
the developer will work with the county on the designs for the turn and bypass lanes.
Additional public comments regarding the overall density of the project were expressed during the comment
period. Staff has also met with a resident, Jim Sweazy, who is bordered by the project on three sides. Mr. Sweazy
has submitted two comment letters, both of which are included in this staff report. The density concerns
question the lot sizes proposed with this project, current plans show lots as small as55-feet wide, and their
placement near private properties. It is important to note that the areas ofhighest density, attached townhomes,
shown during the concept review are not included in the current request for approval. This includes the areas
abutting Mr. Sweazy’sproperty.
The Planning Commission discussed the density and overall design of the project. They shared the resident
concerns regarding locating density close to private properties and asked how this proposal compares to staff
and commission discussions regarding planned ordinance updates to our residential districts. The proposal is
Page 50 of 207
similar in scope regarding lot sizes and ratios but does not distribute the housing types ashad been discussed
during those conversations. However, the Commission recognized that the proposed plans were generally
consistent with the concept plans reviewed in 2022 and were comfortable with the project as proposed. The
Commission also made it clear to the developer/applicant that when the phase two preliminary plat request is
submitted there will need to be a reduction in the proposed density around the neighboring property lines.
The Planning Commission unanimously recommended approval of all three requests.
Financial Impact
None
Mission/Policy/Goal
Supports the growth and development of the residential and business communities
Attachments
Planning Commission Packet dated May 23, 2023
Park and Trail Exhibit
Public Comment Letters
Updated Plans Received June 23, 2023
Development Phasing Plan
Applicant’sResponse Letter to Recommended Conditions
Zone Change Ordinance
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Strikethroughs to be removed
Underlines to be added
Ordinance 23-
An Ordinance Amending the Zoning Map ofthe City ofElk River, Minnesota, to
Rezone Certain Property from Single-Family Residential (R-1d) to Planned Unit
Development (PUD)
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to
rezone the property described on attached Exhibit A to Planned Unit Development (PUD):
SECTION 2. That the rezoning approved bythis Ordinance is based on the following findings:
1. The rezoning isconsistent with the City of Elk River Land Use Plan adopted, and
updated, as part of the City of Elk River Comprehensive Plan.
SECTION 3. That this ordinance shall take effect upon satisfaction ofthe conditions noted in
Exhibit B and be published as provided bylaw.
Passed and adopted by the City Council of the City of Elk River this 17th day of July 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Last Updated January 2019
Page 195 of 207
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Exhibit A
The South Half of the Northwest Quarter; the Southwest Quarter of the Northeast Quarter; the
North Half of the Southwest Quarter; the Southwest Quarter of the Southeast Quarter; and the
Northwest Quarter of the Southeast Quarter; excepting from the forgoing description the following
described Parcel 1 and Parcel 2; but adding to the forgoing description an easement over the
Easement Parcel, described below:
Parcel 1: The East 660 feet of the South 660 feet of the North 936 feet of the Northwest Quarter of
the Southeast Quarter of said Section 36.
Parcel 2: The West 825 feet of the North 550 feet of the South 600 feet of the Southwest Quarter of
the Southeast Quarter; together with that part of the East 75 feet of the Southeast Quarter of the
Southwest Quarter lying South of the Westerly extension of the North line of said South 600 feet of
the Southwest Quarter of the Southeast Quarter; all being part of Section .36, Township 33, Range
26.
Last Updated January 2019
Page 196 of 207
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Exhibit B
1. A PUD agreement shall be approved by the City Council prior to recording the Zone Change.
Last Updated January 2019
Page 197 of 207
Sec 30-xxx. Bradford Park PUD
A. Legal Description. The following described property located within the City of Elk River,
Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:
The following property located in Section 36, Township 33, Range 26, Sherburne County,
Minnesota:
The South Half of the Northwest Quarter; the Southwest Quarter of the Northeast Quarter;
the North Half of the Southwest Quarter; the Southeast Quarter of the Southwest Quarter;
the Southwest Quarter of the Southeast Quarter; and the Northwest Quarter of the
Southeast Quarter; excepting from the forgoing description the following described Parcel 1
and Parcel 2; but adding to the forgoing description an easement over the Easement Parcel,
described below:
Parcel 1: The East 660 feet of the South 660 feet of the North 936 feet of the Northwest
Quarter of the Southeast Quarter of said Section 36.
Parcel 2: The West 825 feet of the North 550 feet of the South 600 feet of the Southwest
Quarter of the Southeast Quarter; together with that part of the East 75 feet of the
Southeast Quarter of the Southwest Quarter lying South of the Westerly extension of the
North line of said South 600 feet of the Southwest Quarter of the Southeast Quarter; all
being part of Section 36, Township 33, Range 26;
B. PUD Development Standards. The property shall be subject to the following standards.
(1) Uses
a. Permitted Uses
1. Residential, single family.
2. Residential facilities (one to six persons).
3. State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer
children shall be considered a permitted single family residential use of property
for the purposes of zoning, except that a residential facility whose primary
purpose is to treat juveniles who have violated criminal statutes relating to sex
offenses or have been adjudicated delinquent on the basis of conduct in violation
of criminal statutes relating to sex offenses shall not be considered a permitted
use.
b. Accessory Uses
1. Accessory dwelling units
2. Residential occupations.
Page 198 of 207
3. Structures, accessory.
4. Towers (less than 60 feet in height).
5. Signs (as permitted in section 30-851 et seq.).
c. Conditional Uses
1. Kennels, private
(2) Lot Size
a. The PUD permits lot sizes as follows:
Lot Type
Unit
Count
Minimum
Lot
Width
Minimum
Lot
Depth
Typical
Lot Area
Min. 55' Single-Family Lots 112 55' - 0"130' - 0"7,150 SF
Min. 65' Single-Family Lots 202 65' - 0"130' - 0"8,450 SF
(3) Setbacks
a. Single Family Lots
1. Primary Structures
Front Setback 25' - 0"
Side Setback 7' - 6"
Rear Setback 20' - 0"
Corner Front Setback 20' - 0"
2. Accessory Structures
Front Setback 25' - 0"
Side Setback 5' - 0"
Rear Setback 5' - 0"
Corner Front Setback 20' - 0"
3. All other setbacks shall be consistent with the relevant section of the city code.
(4) Additional Design Standards:
a. Driveways width is limited to 20’ – 0” as measured at the front property line and
setback 5’-0” from side property lines.
b. Internal monotony code
1. Adjacent homes shall not repeat the same façade design or primary exterior
color.
2. This standard also applies to the nearest three lots across the street.
3. The builder shall demonstrate compliance with this standard when the building
permit is submitted.
(5) Any standard not specifically described within this section shall remain consistent with
the City of Elk River Code of Ordinances.
Page 199 of 207
C. Development Plans. The PUD shall be developed in accordance with the following plans, as
amended from time to time, on file at city hall.
Plan A – Preliminary Plat of Bradford Park as approved by the Elk River City Council on
July 17, 2023, and subject to all conditions of approval.
Plan B – Bradford Park Phase 1 Construction Plans prepared by ISG and dated March 25,
2024.
Page 200 of 207
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
8.1
Meeting Date
April 23, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Concept Review: Rueter Walton - Proposed
Apartments
Reviewed by:
Zack Carlton
Action Requested
Provide the applicant with informal, non-binding, feedback regarding the proposed residential apartment
project.
Background/Discussion
The applicant requests feedback regarding their proposed 96 unit residential apartment project which will
consist of three stories, each around 37,000 square feet.
The proposal positions the apartment closer to the north and west sides of the property to increase distance
from the existing residential neighborhood to the east on Carson Circle. The placement of the proposed
garages is to help further screen the parking lot.
The ordinance requires 2½ parking spaces per dwelling unit, one space of which must be completely
enclosed, resulting in 240 stalls with 96 of them enclosed. The applicant is proposing 184 stalls with 30 of
them enclosed.
Required Proposed
Difference
240 Total 184 Total 77%
96
Enclosed
30
Enclosed
31%
In December 2022, the city amended the land use designation from Traditional Single-Family Residential to
Highway Business to facilitate the construction of a mini-storage facility for the current property owner. An
apartment project would require a land use amendment back to residential (Multifamily).
The applicant will be requesting financial assistance from the state, which requires a resolution of support
from the City Council. The resolution of support does not obligate the city to provide any TIF (Tax Incriment
Financing) or Abatement.
Page 201 of 207
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Location Map
2. Site Plan
3. Building Exhibits
Page 202 of 207
Page 203 of 207
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Fwd: 4/23/2024 - Planning Commission - 8.1
Tony Mauren <tony.mauren@gmail.com>
Tue 4/23/2024 6:11 PM
To:Green, Jennifer<JGreen@ElkRiverMN.gov>;Cariton, Zachary <zcarlton@ElkRiverMN.gov>;Leeseberg, Chris
<CLeeseberg@ ElkRiverMN.gov>
Begin forwarded message:
From: Justin Trevorrow <justin@trevorrow.us>
Date: April 23, 2024 at 5:32:53 PM CDT
To: eric Johnson@elkrivermn.gov, dbooth27@yahoo.com, tony.mauren@gmail.com,
JillLars <JilILars@gmail.com>, matt.westgaard@elkrivermn.gov
Subject: 4/23/2024 - Planning Commission - 8.1
Hello Planning Commission,
I am writing to express my concerns regarding the proposed low-income, high -density
apartment building project at 19465 Evans St NW in Elk River. As a resident of the
neighborhood, residing at 19587 Carson St NW, I feel compelled to voice my feedback
before the discussions under agenda item 8.1 tonight.
A. Currently, the proposed location poses significant safety issues, particularly during
Harley Davidson events where parking space is limited. Overflow parking across the street
on both sides of 196th Ln NW creates hazardous conditions for pedestrians and motorists
alike. Introducing a high -density apartment building entrance on 196th will exacerbate
traffic congestion and further diminish available parking.
B. Adding high density low income apartments in a commercial area is not what my
neighborhood needs. And does not follow the Elk River Comprehensive Housing
Plan (ERCHP).
ERCHP Objectives are contradicted
#1 Promote Context Sensitive Infill... housing that DOES NOT alter community character.
Adding an apartment building full of low income renters totally impacts and alters the
community character in a negative way. Renters do not pay taxes - we need taxpayers to
help pay for Elk River's high quality of life. Having large volumes of low income families
that are struggling does disrupt and destabilize school districts. Having families on the
move constantly does disrupt classrooms. Can you guarantee a renter will stay for a
school year or longer.
#2 Promote Missing Middle... types of housing in scale and form.
This does not reference anything in regards to low income high density apartments.
think we need to promote home ownership in the missing middle to promote our
community.
#3 Practice Smart Growth... leveraging existing infrastructure.
The location in question is not smart - it's unsafe and dangerous
In conclusion, the proposed project threatens to negatively impact our neighborhood, and
I urge you to prevent its continuation. Furthermore, I implore the commission to halt any
future housing projects at this location. There is petition online that started with the same
location and to prevent further low income high density apartments projects, which I
encourage you to review. https:/Iwww.change.orgZp
-Zha It -the -co nstruction -of- new- low-
income -apartments -in -elk -river
Thank you for considering my concerns and for your dedication to our community's well-
being.
Justin Trevorrow
°U, l Pc AzcJ-6)�-7
Elk River Planning Commission
4-23-24
Rutter -Walton Proposed Apartments
I Request that the Planning Commission advise the Elk River City Council to Deny any changes to
current zoning regarding this proposed project based on the following findings.
Proposed over build for lot
Lot Size Per Ordinance 30-1006
Lot Size: The number of units requires 7.71 acres
Proposed: Lot size 3.96 deeded acres, 51% of required
Parking per Ordinance
Parking: 240 total, 96 Enclosed, Size 9' x 20'
Proposed: 184 total 77%, 30 Enclosed 31%, Size 9' x 18' 90%, Smaller width on Handicap
Bicycle parking and storage? There is none shown on proposal drawings.
Garbage Dumpster location? There is none shown on proposal drawings.
Setbacks Der Ordinance 30-1006
Does not meet set back requirements on North side of property
Set back from Road ROW of 197th Ave. Should be 30'+20' "Landscape Buffer" per Ordinance.
(Major Collector and arterial street)
Section View of Site Plan misleading and incorrect for closest neighboring
residents.
Building separation to the home on 197th Ave. NW is less than 70' from the proposed
apartment building. This may be to close per code due to both building heights.
Homes on Carson Circle NW are approximately 150' from proposed building.
Measurements to existing homes were made on County GIS Beacon mapping Site.
Lack of access for Emergency Vehicals Police. Fire and Ambulance
One entrance.
Narrow lanes thru parking area.
Lack of setback width for Emergency Vehicals (Fire) to the NE corner of resident building
along north property line.
Grading and Drainage Management
Lack of "On Site" Holding for Drainage. Where does it go?
Maintain excess drainage from going to NE of property on to adjoining property off of 1971n
(This property is not on City Storm Water Service)
Grading of 4 to 1 slope, per Ordinance 30-802, to adjacent property along North property line
and in NE corner of the property. With a 4 to 1 slope, this will not allow Fire Ladder truck access
to the NE corner of building along the North side of building. Or will there be a retaining wall
built to keep grade level. If so, how high? Will it need a fence on top of wall?
Proposed Development, As Proposed, does not fit with City of Elk River 2015 Parks Master Plan
Elk River City Parks 2015 Master Plan is calling for extending a trail from adjoining City owned
property in NE corner to the NW corner of subject property. If allowed to be built as planned,
the City of Elk River will loose its ability to make a trail that connects from the recently built Hwy
169 overpass, to Highland Park and existing trail systems. As shown in the "Master Plan".
Degraded Property Values
Research from The National Bureau of Economic Research indicates that such
developments can lead to lower property values in surrounding areas. This could
potentially harm homeowners who have invested their life savings into their
properties.
Kenneth A. Lueck
11388 198tn Ave. NW
Elk River, MN. 55330