01-14-2014 PC MIN lkMeeting of the Elk River Planning Commission
River Held at the Elk River City Hall
Tuesday,January 14, 2014
Members Present: Chair Anderson,Commissioners Eric Johnson,Jeremy Johnson,Mike Keller,
Mike Keefe,Mark Keller and Chad Westberg
Members Absent: None
Staff Present: Planner/Park Planner Chris Leeseberg,Planner Zach Carlton and Recording
Secretary Debbie Huebner
Also Present: Councilmember Barb Burandt
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 6:50 p.m. by Chair Anderson.
2. Consider 1/14/14 Planning Commission Agenda
Moved by Commissioner Eric Johnson and seconded by Commissioner Jeremy
Johnson to approve the January 14,2014 Planning Commission agenda. Motion
carried 4-0.
3.1 11/12/2013 Planning Commission Minutes
Motion by Commissioner Mike Keller and seconded by Commissioner Eric Johnson
to approve the November 12, 2013 Planning Commission minutes. Motion carried 7-
0.
3.2 12/10/13 Planning Commission Minutes
Motion by Commissioner Jeremy Johnson and seconded by Commissioner Eric
Johnson to approve the December 10, 2013 Planning Commission minutes. Motion
carried 7-0.
4.1 Request by Cornerstone Auto Resource for Conditional Use Permit for
New/Used Vehicle Sales in C3 Zoning District, Case No. CU 14-01 — Public
Hearing
4.2 Request by Cornerstone Auto Resource for Preliminary Plat Approval —
Jabez Second Addition, Case No. P 14-01 — Public Hearing
III
Planning Commission Minutes Page 2
January 14,2014
The staff report was presented by Zack Carlton. Staff recommended approval of the request
with the conditions in the staff report. •
Chair Anderson opened the public hearing.
Steve Rohlf, Cornerstone Auto Resource, applicant—stated that Cornerstone was required
to purchase property to put in the road connection to Nature's Edge Business Park. He
stated that they are also required to pay the costs of building the road connection and were
overwhelmed when the found out the cost to build the road. He stated they had no idea the
standards for this road would be so extremely high. He stated that the auto dealership has
no need for this type of road,but that they are being asked to pay for it. He stated that he
would like the Planning Commission to be aware of these financial burdens that can be
placed on developers to make road connections in the future. He thanked staff for their help
in working through this process with him. He extended special thanks to Zack Carlton,
stating that he was great to work with.
There being no further public comment, Chair Anderson closed the public hearing.
Motion by Commissioner Chad Westberg and seconded by Commissioner Eric
Johnson to recommend approval of the request by Cornerstone Auto Resource for a
Conditional Use Permit for auto sales in the C3 District,with the following
conditions:
1. As a Conditional Use Permit (CUP) is not a building permit, the applicant must
apply for and receive approval of all required permits.
2. Address all comments from staff in the comment letter dated December 18,2013,
before the CUP is issued.
3. Address all staff comments regarding storm water management, ensuring the
project meets the latest requirements for treatment and retention.
4. Service and overhead doors shall be of a similar color to the precast concrete
panels.
5. Cornerstone Auto agrees to maintain"Vance Street" until the road is extended to
170th Court in Natures Edge Business Park.
6. The property shall be platted, and recorded,prior to the release of the building
permit.
Motion carried 7-0.
Motion by Commissioner Westberg and seconded by Commissioner Eric Johnson to
recommend approval of the request by Cornerstone Auto Resource for Preliminary
Plat approval of Jabez Second Addition with the following conditions:
1. Access restriction shall be placed along Highway 10 and 171st.
2. Development agreement shall be signed outlining costs and responsibilities to
the satisfaction of the City Attorney.
3. The subdivision drawings shall be submitted to the City in an electronic format
(.dwg file) as required by City Ordinance and land use application. •
Planning Commission Minutes Page 3
January 14,2014
Motion carried 7-0.
4.3 Request by Hunter Development Group for Conditional Use Permit for
Class I Restaurant (Noodles & Company) 18130 Zane St NW, Case No. CU
13-15- Public Hearing
The staff report was presented by Zack Carlton. Staff recommended approval of the request
with the conditions listed in the report.
Chair Anderson opened the public hearing. There were not comments from the audience.
Chair Anderson closed the public hearing.
Motion by Commissioner Mark Konietzko and seconded by Commissioner Jeremy
Johnson to recommend approval of the request for a Conditional Use Permit for a
Class I restaurant with outdoor seating (Noodles & Company), Case No. Cu 13-15,
with the following conditions:
1. The Conditional Use Permit is not a building permit and the applicant must
apply for and receive approval of all required permits before construction may
begin.
2. The applicant must apply for and receive approval of all required sign permits
before signage may be installed.
Motion carried 7-0.
4.4 Request by BWB Holdings, LLC/ERX Properties, LLC for Preliminary Plat
Approval (Aggregate Commercial Second Addition), Case No. P 13-04 —
Public Hearing
The staff report was presented by Chris Leeseberg. Staff recommended approval of the
request with the 16 conditions listed in the staff report.
Chair Anderson opened the public hearing.
Brent Hislop, Synergy Land Company,representative for the applicant—stated he has
worked out some changes in the conditions with staff and has no issues.
There being no further comments, Chair Anderson closed the public hearing.
Commissioner Westberg stated that he was comfortable with the conditions and since the
variance was approved,he could support a recommendation for approval. Commissioner
Eric Johnson concurred.
Motion by Commissioner Eric Johnson and Seconded by Commissioner Chad
Westberg to recommend approval of the preliminary plat request for Aggregate
Commercial Second Addition,with the conditions recommended by staff as follows:
Planning Commission Minutes Page 4
January 14,2014
1. Access control shall be dedicated from Lot 1, Block 1. •
2. No increase in storm water onto MnDOT right of way
3. Any access to Highway 169 shall be approved by MnDOT.
4. Highway 169 access to and from the plat shall be limited to Outlot C.
5. A variance (V13-10) will need to be recorded prior to the plat being recorded.
6. The development shall meet all applicable fire codes.
7. A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20
feet from the buffer applies. An exhibit shall be prepared and included in the
literature provided to potential buyers.
8. Wetland boundaries shall be posted in a manner acceptable to the City.
9. A 25-foot easement adjacent to the outside edge of delineated wetlands to note,
preserve and protect the required no-touch buffer.
10. A NPDES permit is required prior to final approval of construction drawings.
11. All required subdivision/park information shall be provided in an electronic
format (.dwg file) as required by the City Ordinance and Land Use Application
prior to recording of the plat.
12. This approval of the Preliminary Plat shall expire after 1 year, unless the property
owner or owner's agent has submitted a Final Plat or letter of request for
extension.
13. Surface water management fee in the amount required by the city at the time of
final plat release be paid prior to releasing the plat for recording. Current 2014
rate would be $1,112/acre.
14. The necessary drainage and utility easements be dedicated on the plat as
required by the city. •
15. Grading and erosion control plan and development plan be submitted and
approved by the city engineer prior to the issuance of building permits.
16. Park dedication shall be provided in the following manner:
a. In the form of cash for 12.75-acres (the undeveloped portion of the new
ERX site) at the rate applicable at the time of Final Plat approval.
Motion carried 7-0.
4.5 Request by C.S. McCrossan for Conditional Use Permit for Mineral
Excavation, Case No. CU 14-02 — Public Hearing
The staff report was presented by Chris Leeseberg. Staff recommended approval of the
request with the 14 conditions listed in the staff report.
Chair Anderson opened the public hearing.
Kirsten Pauly, Sunde Engineering,representative for C.S. McCrossan—provided additional
information on the applicant's request. She asked that the eastern setback requirement in
Condition #4 be removed to allow mining up to the property line, since the adjacent
property will also be mined.
Commissioner Chad Westberg asked what the weight capacity was for 2215L Avenue. Mr.
Leeseberg stated that he believed it was a 9-ton road. Ms. Pauly stated that the eastern •
Planning Commission Minutes Page 5
January 14,2014
portion of 2215`toward Highway 169 was greater than a 9-ton road. She noted that most of
the truck traffic would be using that portion of 221"Avenue and trucks traveling west would
be for smaller jobs.
There being no further public comment, Chair Anderson closed the public hearing.
Motion by Commissioner Chad Westberg and seconded by Commissioner Jeremy
Johnson to recommend approval of the request by C.S. McCrossan for a Conditional
Use Permit for mineral excavation,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. 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.
4. Setbacks of 50 feet from north property lines, and 20 feet from west and south
property lines shall be maintained. No mining activity shall be permitted within
the setback area without staff approval to avoid windrows.
5. The need of buffering and or screening in light of surrounding land uses shall be
evaluated at the time of annual license renewal and shall be installed when
directed by the City to protect surrounding land uses.
• 6. The applicant shall work with the City Engineer to locate the berming along 221st
Avenue.
7. Wash operations shall not be permitted unless a plan for protecting ground water
and surrounding environment is approved by the city's environmental consultant.
8. The applicant shall be responsible for the cost and construction of all road
improvements, including turn lanes, as required by the Township, Sherburne
County or MnDot. The City reserves the right to require the applicant to pay for
road maintenance of haul routes.
9. Dust control is required for all roads and within the site,when it is determined
that dust is creating a public nuisance or otherwise adversely affecting adjacent
properties.
10. All activities on the site shall be conducted in a manner that is consistent with
operating permits issued by the City, county, state, federal and other agencies.A
copy of any and all permits related to the operation of the site shall be submitted
to the City for their reference.
11. Vehicles and equipment not in operable condition or materials not associated
with the mineral extraction/excavation activity shall not be kept or stored at the
site.
12. The site shall be mowed or maintained to control noxious weeds and other
vegetation.
13. Mining which occurs in the vicinity of the wetland will decrease the drainage area
for the wetland, as proposed. There is a potential that the hydraulic
Planning Commission Minutes Page 6
January 14,2014
characteristics of the wetland will be changed resulting in a change in the related •
biological conditions. These potential impacts to the wetland must be addressed
in accordance with the Minnesota Wetland Conservation Act (WCA).
14. Hours of operation shall be allowed to be seven (7) days a week,24 hours a day.
Motion carried 7-0.
4.6 Request by Tiller Corporation for Conditional Use Permit for Mineral
Excavation and Hot-Mix Plant, Case No. CU 14-03 — Public Hearing
The staff report was presented by Chris Leeseberg. Mr. Leeseberg stated that the applicant
seeks to amend their existing Conditional Use Permit to expand mining to include an
additional 13.65 acres. Staff recommended approval of the-request with the 8 conditions
listed in the report.
Commissioner Chad Westberg asked if the city or state monitors noise mitigation. Mr.
Leeseberg stated that the city does have an ordinance to address this,but also the Minnesota
Pollution Control Agency. Commissioner Westberg noted that there is not a lot of space
between the mining operation and the-closest neighbor.
Commissioner Mark Konietzko asked for clarification on mining down to the groundwater
level. Mr. Leeseberg stated that this issue is addressed in the conditions,which are from the
city's consultant. Chair Anderson stated that the groundwater could become polluted very
quickly if there were a chemical or fuel leak. •
Chair Anderson asked if the conditions would need to be modified for the slope and zero lot
line,as was done in C.S. McCrossan's conditions. Mr. Leeseberg stated that those changes
will be made in in Condition 3.h. and 5.
Chair Anderson opened the public hearing.
Kristina Morrison,Land Use and Permitting Coordinator,Tiller Corporation (applicant) —
Reviewed Tiller's request amendments to their existing conditional use permit— 1) expand
mining limits to include additional 13.65 acre parcel to the south (Horvath property);2)
revise the elevations to allow them to mine an additional 5 feet to the top of the
groundwater table; 3) revise the hours of operation of the hot mix plant to 24 hours a day,
seven days a week;4) revision the reclamation grades to accommodate the future 221st
Avenue alignment and construction of a grade-separated interchange, and accommodate the
McCrossan's proposed grade;and 5) to document that the northern portion of the permitted
area has been sold to Elk River Landfill and the subsequent adjustment of reclamation
grades to conform to that sale. Ms. Morrison reviewed Tiller's responses to the comments
from the city's consultant,Matt Ledvina.
Commissioner Mark Konietzko asked for clarification on mining down to the groundwater
level. Ms. Morrison explained what this means and what protection measures in place. She
noted that in the 7 years of groundwater monitoring there has been no detection of •
petroleum products.
Planning Commission Minutes Page 7
January 14,2014
Kirstin Pauly, Sunde Engineering—stated that these are minimum excavation grades and
final reclamation grades will come up at least 5 feet and up to 20 feet, depending upon the
actual end use grades and the realignment of 221St Avenue. She noted that there are other
mining operations in the city that mine into the groundwater table and the concern is not the
actual mining in the water table,it is how fuel is managed on site. Ms. Paul explained that
protection measures include having the secondary containment, a groundwater protection
plan and groundwater monitoring.
Commissioner Chad Westberg asked how runoff or erosion might impact the groundwater.
He stated that it is his understanding the water table in this area is fairly high. He also asked
if the MPCA also reviews this. Ms. Pauly stated that an NPDES Permit is required which
looks erosion, sedimentation and suspended solids and one of the best management
practices the MPCA encourage is to infiltrate into the groundwater. The practices in place at
this site are in alignment with the MPCA best management practices. She explained that the
groundwater elevations to be used is really about 2 feet lower that the groundwater. This
additional 2 feet would act as filter medium (sands,gravels and other fine materials) to clean
the water.
Commissioner Chad Westberg asked if the testing is done by random placed wells on site.
Ms. Pauly explained there is a production well on site that is tested annually. She noted that
that several wells were put down as part of Elk River Landfill's Hydrogeological study on the
site and Elk River Landfill will continue to monitor some of those wells,but that Tiller's one
111 production well will be what they will continue to test annually.
Commissioner Mark Konietzko asked if this groundwater system provides drinking water to
any of the residents in this area. Ms. Pauly stated that the groundwater flows to the
southwest and there are residential wells that are located further on down. She stated that
there are several layers of aquifer in this area, so she did not know specifically if they are
drawing from this upper aquifer or not. Commissioner Konietzko asked if there are any
other situations where mining is done in the water table and residents are getting their water
from this same water source. Ms. Pauly stated that Midwest Asphalt mines in the
groundwater table and that water also flows to the southwest. She noted there are other
operations where mining is done up to and into the water table.
Commissioner Konietzko asked what impact the proposed use could have on groundwater.
Mr.Leeseberg stated that he had no information on what impact,if any, mining down to
groundwater level would have on surrounding residential wells. He noted that Elk River
Municipal Utilities does not review these types of issues, since it does not impact the city
water supply. He stated that he will check with the city's consultant and noted that the
conditions address preventative measures.
Mike Caron, 7200 Hemlock Lane,Maple Grove,representative of Tiller Corporation—
stated that it is quite common to mine into the groundwater for sand and gravel. He stated
that Tiller has mined into the groundwater in Elk River and Livonia Township; mines to the
east in Livonia have mined into the groundwater;Knife River mines in the groundwater; and
• also, the property owned by BWB and Plaisted which was platted tonight, has been mined
into the groundwater. He stated it is very common practice and has been very thoroughly
Planning Commission Minutes Page 8
January 14,2014
studied by the DNR and MPCA. He stated that Tiller's permits with the State are designed •
to protect the groundwater to make sure any fuel storage or chemicals are handled to protect
the groundwater. He noted that in Maple Grove,water features were created from past
mining. Also,the same was done in Dakota and Washington Counties.
Kirstin Pauly stated that there was some correspondence between city and the water
superintendent, and this site was found to be outside city's Drinking Water Source
Management Area (DWSMA).
Commissioner Konietzko asked if the residential wells were outside this area. Ms. Paul
stated,no, the management area only applies to the municipal water source and there could
be wells down from the area, as she stated previously.
Mr. Caron stated that the landfill studies found depth fluctuation in the groundwater level of
5 - 10,and that at any given time they will have 2—5 feet, and rarely will have only 1 foot of
protection.
Chair Anderson stated that water is regenerated by allowing it to percolate down to nearest
aquifer. He stated that most of water will go to the west wetland area. Certain areas may be
more highly exposed. He stated that some areas such as the Sand Dunes,regenerates the
major aquifers more quickly. He stated that since they don't know how deep the wells are,
they don't know which aquifer they are taking water from.
Mr. Leeseberg will look into the residential drinking water areas that are outside of the •
municipal system, such as the Ridges of Rice Lake area which has a common well.
Commissioner Konietzko asked for clarification on what the soil looks like next to the water
table. Mr. Caron and Ms. Pauly explained.
There being no further public comment,Chair Anderson closed the public hearing.
Commissioner Konietzko asked for clarification on what staff will check on prior to the City
Council meeting. Mr.Leeseberg stated he will check on whether or not residential wells
could be impacted by the operation.
Commissioner Konietzko asked if there is typically any other review besides city staff. Mr.
Leeseberg explained how an application is reviewed and all the different depaittnents and
agencies that are involved. Mr. Leeseberg stated that the conditions require that they work
with the state agencies on the permitting,which includes any monitoring or testing.
Mr. Caron noted that when the EIS was completed,groundwater mining was considered in
the EIS review of this area and has been approved. He noted that the DNR and MPCA had
very active role in reviewing the EIS before the City Council approved the EIS.
Commissioner Eric Johnson asked if city staff was comfortable with the responses from
Tiller. Mr. Leeseberg stated that the consultant has not had a chance to do a thorough
review of Tiller's responses,but he did not see any glaring issues. The consultant will do a
full review before the City Council meeting.
Planning Commission Minutes Page 9
January 14,2014
• Motion by Commissioner Eric Johnson and seconded by Commissioner Jeremy
Johnson to recommend approval of the request by Tiller Corporation for a
Conditional Use Permit for Mineral Excavation and Hot-Mix Plant, Case No. CU 14-
03,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 following conditions shall be addressed to the satisfaction of the City's
environmental consultant:
a) The anticipated groundwater elevation at the site is anticipated to range
from 954 on the east and 951 on the west. The applicant shall provide
complete references for available groundwater elevations. The applicant
must also address the use of the historic high groundwater levels in
establishing the excavation basegrades. The "Excavation Plan", C2 must
be modified to reflect these anticipated groundwater elevations.
b) The plan of operation does not identify where the phasing of mining (and
reclamation)will occur and the timing for each phase. The Site must be
excavated in an orderly fashion to reduce the area of open mining at any
one time. In particular, it is recommended that the northern portion of the
Site be reclaimed prior to initiation of mining in the new parcel proposed
for the expansion. The future location of the main operations area and
• office, now located in the southeast corner of the northern parcel, must be
identified on the (phasing) Excavation Plan, C2. The Excavation Plan
must also show the locations of topsoil and backfill soils which will be used
in reclamation. The soil volumes of the anticipated phases must be
indicated in the application and on the Excavation Plan. This information
shall be submitted by March 1,2014.
c) The details for screening berms on the north side of 221st Street must be
provided. The suitability of the berms for site screening must be further
demonstrated by the applicant. Details have not been provided on security
fencing for the new parcel in the southern portion of the Site.
d) Sand and gravel mining at the groundwater table increases the vulnerability
of groundwater resources at the Site to contamination from chemicals and
petroleum products. The Groundwater Protection Plan provided in the
application discusses the use of oils and asphalt cement. This must be
expanded to address the potential presence of all types of hazardous
substances and petroleum products and present an inventory of these
chemicals and petroleum products relative to the groundwater resources at
the Site. Protective measures must address the location of fueling
operations of Site equipment and all types of transfers related to petroleum
and chemicals. The location(s) of spill containment equipment must be
indicated on the Excavation Plan.
e) The applicant must identify contingency procedures for mechanical
sweeping in the event that sediment removal on public roadways is deemed
• appropriate by the City of Elk River.
Planning Commission Minutes Page 10
January 14,2014
I) The applicant must provide a more detailed plan which identifies the
1111
placement of control measures for water runoff and sediment erosion for all
areas which do not drain to the interior settling ponds. This must include
description of control measures and locations where they are placed.
Appropriate control measures are temporary vegetative seeding, mulch,
buffer zones, earthen dikes, drainage swales, sediment traps, riprap,
sediment basins and silt fencing.
g) The requirement for Topsoil Preservation (Sec. 42-96) is not addressed.
The Plan of Operation must identify the volumes of soils required for
reclamation and the future locations of soil stockpiles.
h) Final slopes on the northern portion of the Site and the west property
boundary of the southern parcel for McCrossan are indicated as 3:1 slopes,
which exceed the required maximum of 4:1. This may be acceptable,
however the thickness of topsoil will need to be increased and provisions
for drainage/erosion control need to be addressed. Erosion control
measures for slope areas where surface water runoff is concentrated must
be identified.
i) The reclamation plans requires the backfilling of soil from the mining
grade to the final contours. An earthwork balance assessment of soil
volumes for reclamation must be provided by the applicant to insure that
sufficient volumes of soil are maintained onsite to meet the reclamation
earthwork needs.
j) The Reclamation Plan indicates future potential roadways. The north-
south frontage road in the southern portion of the Site indicates a grade as •
steep as 20%. The plan must be modified to accommodate a typical
roadway grade.
k) The Reclamation Plan must indicate the locations and plantings for the
revegetation of the mined areas.
1) Mining which occurs in the vicinity of the wetland will decrease the
drainage area for the wetland, as proposed. There is a potential that the
hydraulic characteristics of the wetland will be changed resulting in a
change in the related biological conditions. These potential impacts to the
wetland must be addressed in accordance with the Minnesota Wetland
Conservation Act (WCA).
m) The applicant shall be responsible for the cost and construction of all road
improvements,including turn lanes, as required by the Township,
Sherburne County or MnDot.The city reserves the right to require the
applicant to pay for road maintenance of haul routes.
n) Dust control is required for all roads and within the site,when it is
determined that dust is creating a public nuisance or otherwise adversely
affecting adjacent properties.
o) All activities on the site shall be conducted in a manner that is consistent
with operating permits issued by the city, county, state, federal and other
agencies. A copy of any and all permits related to the operation of the site
shall be submitted to the city for their reference.
p) Vehicles and equipment not in operable condition or materials not •
associated with the mineral extraction/excavation activity shall not be kept
or stored at the site.
Planning Commission Minutes Page 11
January 14,2014
Ill q) The site shall be mowed or maintained to control noxious weeds and other
vegetation.
4. 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.
5. Setbacks of 35 feet from north and south property lines, and 20 feet from east
property line shall be maintained. No mining activity shall be permitted within
the setback area without staff approval.
6. The need of buffering and or screening in light of surrounding land uses shall be
evaluated at the time of annual license renewal and shall be installed when
directed by the city to protect surrounding land uses.
7. Wash operations shall not be permitted unless a plan for protecting ground water
and surrounding environment is approved by the city's environmental consultant.
8. Hours of operation shall be allowed to be seven (7) days a week,24 hours a day.
Motion carried 7-0. -
6.1 City Council Liaison Update
Councilmember Burandt stated she would like the Commission to be aware that City,
County and County Fair Board representatives have been meeting to discuss the future of
the Sherburne County Fairgrounds property. She stated that no changes are planned and the
group is only looking at options.
6.2 Comprehensive Plan Update
Commissioner Konietzko stated that the group is going to look at the plan one more time
before it will be presented to the Planning Commission,likely in March.
7. Adjournment `
There being no further business, Commissioner Eric Johnson moved to adjourn the
meeting.
The meeting of the Elk River Planning Commission adjourned at 8:10 p.m.
Minutes prepared by Debbie Huebner.
1
Tina Allard
City lerk
Vi', 1 k!1 ! ' ■► V
Dana Anderson, Chair ■
IIIPlanning Commission