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3.2 PC MIN 12-10-2013 DRAFT ElkMeeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, December 10, 2013 Members Present: Chair Anderson, Commissioners Eric Johnson, Mike Keller, Mike Keefe Members Absent: Commissioners Mark Konietzko,Jeremy Johnson, Chad Westberg Staff Present: Deputy Director, CODD Jeremy Barnhart;Planning Intern Zach Carlton and Recording Secretary Debbie Huebner Also Present: Councilmember Barb Burandt I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:36 p.m. by Chair Anderson. 2. Consider 12/10/13 Planning Commission Agenda Moved by Commissioner Eric Johnson and seconded by Commissioner Mike Keller to approve the December 10,2013 Planning Commission agenda with the following change: - Item 3.1—November 12,2013 Minutes—Moved to January 14,2014 Agenda Motion carried 4-0. 4.1 Request by Phoenix Enterprises for a Conditional Use Permit to Amend Hillside CrossinglI/Northbound Crossing PUD Agreement Regarding Signage (Culver's Restaurant), Case No. 13- 14— Public Hearing The staff report was presented by Zack Carlton. Staff recommended approval of the request with the three conditions in the staff report. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. Commissioner Eric Johnson stated he felt the sign change was a good idea and would be similar to McDonald's and Burger King's signage. Planning Commission Minutes Page 2 December 10,2013 Motion by Commissioner Eric Johnson and seconded by Commissioner Mike Keefe to recommend approval of the request by Phoenix Enterprises for a Conditional Use Permit to amend the Hillside Crossing II/Northbound Crossing PUD Agreement to allow a 25 ft. tall freestanding sign,with the following conditions: 1. The Conditional Use Permit is not a building permit and the applicant must apply for and receive a sign permit before construction can begin. 2. Replace plant materials to comply with the landscape plan by July 31, 2014. 3. Repair parking lot, to include filling potholes and restriping the parking stalls as needed by July 31, 2014. Motion carried 4-0. 4.2 Request by Plaisted Companies for a Conditional Use Permit for Mineral Excavation to mine approximately 120 acres, Case No. 13-12 — Public Hearing The staff report was presented by Jeremy Barnhart. He noted that the Technical Evaluation Panel has reviewed the request and that the wetland mitigation plan is essentially the same plan that was approved in 2004. He stated that the applicant is still working on resolving transportation issues. Staff recommended approval of the WCA Notice of Decision and the Conditional Use Permit with the conditions listed in the staff report. Discussion followed regarding Condition #3. Mr. Barnhart suggested a modification to this condition to allow for modification of the haul route,based on the Highway 169 access location. Chair Anderson asked if staff felt the setback requirements in Condition #7 would be adequate. Mr. Barnhart explained how the setbacks will mitigate impacts on neighboring residents, and also,where it would not make sense to have setbacks where mining occurs over multiple parcels. Chair Anderson opened the public hearing. Todd Plaisted, 15781 Iridium, Ramsey,MN—applicant, asked that he would also ask that washing also be allowed in the future. Mr. Barnhart stated that the Conditional Use Permit Agreement addresses these issues. He noted that the previous J &B Mining application for this site did not request washing. He stated that since some mining may occur below the water table, they would want to ensure, through the CUP Agreement, that no contamination from oils,runoff, etc. would occur. Rick Haugland,property owner to the south of the ERX site—asked for clarification on where the haul route would be located. Mr. Plaisted explained the location and stated that they would be purchasing properties to allow the access to happen. Planning Commission Minutes Page 3 December 10,2013 There being no further public comment, Chair Anderson closed the public hearing. Chair Anderson asked if the Commission had any concerns to add the washing operation to the Conditional Use Permit request, and if they were comfortable with staff working out the details with the city's environmental consultant. Commissioner Eric Johnson stated he would be comfortable with staff working with the consultant. Commissioner Mike Keefe asked who was responsible for constructing the road access improvements. Mr. Barnhart stated that the applicant and benefitting entities will be responsible for installing the haul road and acceleration lane improvements. Motion by Commissioner Mike Keller and seconded by Commissioner Eric Johnson to recommend approval of the request by Plaisted Companies for a Conditional Use Permit for mineral excavation and the WCA Notice of Decision,with the following conditions: 1. The applicant shall execute a Conditional Use Permit Agreement outlining the terms and conditions of approval of the mining operations. 2. A mineral extraction license shall be obtained annually. 3. The haul route shall be improved to a compacted gravel surface acceptable to the city engineer. The haul route may be modified based on the Highway 169 access location. 4. Safety improvements as required by MnDOT shall be completed at 215th prior to hauling. No hauling via 217th or 219th is permitted. 5. A letter of credit in the amount of$155,318 shall be provided to ensure wetland mitigation is completed for the 155,318 sq. ft. of impacted wetlands. 6. Approval of this Conditional Use Permit shall expire if activity has not commenced within 2 years of the date of approval, or if the uses ceases for a period of 6 months or longer. Failure to obtain an annual license will be evidence of cessation of use. 7. Setbacks of 25 feet from north and south property lines, and 50 feet from east and west property line shall be maintained. No mining activity shall be permitted within without staff approval. 8. Buffering and or screening shall be installed when directed by the City. Motion carried 4-0. 4.3 Request by BWB Holdings, LLC/ERX Properties, LLC for Preliminary Plat Approval (continued to January 14, 2014 meeting) Mr. Barnhart explained that this item was not ready for review and will be presented at the January 14`h meeting. Chair Anderson opened the public hearing. No comments were received from the audience. Planning Commission Minutes Page 4 December 10,2013 Motion by Commissioner Eric Johnson and seconded by Commissioner Mike Keller to continue the request by BWB Holdings LLC and ERX Properties, LLC to the January 14,2014 Planning Commission meeting. Motion carried 4-0. 4.4 Request by Marilyn VanPatten for Preliminary Plat approval (Heritage Maples), Case No. P 13-03 — Public Hearing 4.5 Request by Marilyn VanPatten for Conditional Use Permit (Heritage Maples), Case No. CU I3-I 1 — Public Hearing The staff report was presented by Zack Carlton. Staff recommended approval of the preliminary plat and conditional use permit with the conditions listed in the report. Chair Anderson asked why the plan shows a temporary cul-de-sac on the frontage road. Mr. Carlton explained that a connection cannot be made until future development of the adjoining property occurs and it is not owned by the applicant. Chair Anderson opened the public hearing. Ms. VanPatten, applicant- stated she was present to answer questions. Commissioner Eric Johnson asked if the applicant was in agreement with the conditions recommended by staff. Ms. VanPatten stated that the engineer advised they will have to be creative in order to locate the retaining wall on the property and that the slope of the pond may need to be increased. She explained the difficulty in providing a landscape plan for the entire site,when only a portion of the site was being developed at this time. She noted that they will work with staff on an overall landscaping plan. Mr. Carlton explained that the landscaping does not need to be installed on the entire site now. Mr. Barnhart noted that having a complete plan helps applicants know what to expect when the remainder of the site is developed. Discussion followed regarding the landscape plan. It was noted that the landscape plan needs to be modified to work with the layout of the patio. Chair Anderson stated he supported the plan, as long as the final plans show the future layout. Motion by Commissioner Eric Johnson and seconded by Commissioner Mike Keller to recommend approval of the preliminary plat request by Marilyn VanPatten for Heritage Maples, Case No. P 13-03 with the following conditions: 1.Access restriction shall be placed along Highway 10. 2. Development agreement shall be signed outlining costs and responsibilities to the satisfaction of the City Attorney. Planning Commission Minutes Page 5 December 10,2013 Motion carried 4-0. Motion by Commissioner Eric Johnson and seconded by Commissioner Mike Keefe to recommend approval of the request by Marilyn VanPatten for a Conditional Use Permit for a senior housing development (Heritage Maples), Case No. P 13-11,with the following conditions: 1. Submit, and receive approval from staff,both landscape and architectural plans addressing staff comments below, regarding placement of the patio, fence, and trees. 2. Submit, and receive approval from staff, a unified landscape plan for the entire 10.4 acre parcel. 3. Submit a site plan showing the retaining wall near Yankton Street moved out of the right-of-way, addressing staffs comments from letter dated September 17,2013. 4. A PUD agreement shall be developed and signed by both parties prior to issuance of a building permit. Motion carried 4-0. 5. General Business—None 6.1 City Council Liaison Update Councilmember Burandt encouraged the Planning Commission and public to attend the Comprehensive Plan public meeting scheduled for December 18`" Chair Anderson asked what action was taken by the City Council on the sign ordinance amendment. Councilmember Burandt stated the following items were included in approval of the ordinance amendment: • 20 ft. maximum height for monument signs • Wall signage limited to 15% of façade area • Limit window signage to 50% of window area • Further study where billboards could be allowed in future (i.e., discuss removing principle use clause). 6.2 Comprehensive Plan Update Mr. Barnhart stated that the Planning Commission will likely begin their review of the draft Comprehensive Plan in February. 7. Adjournment There being no further business, Commissioner Eric Johnson moved to adjourn the meeting. Planning Commission Minutes Page 6 December 10,2013 The meeting of the Elk River Planning Commission adjourned at 7:20 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk Dana Anderson, Chair Planning Commission