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4.1 PCSR 03-28-2017 DRAFT MIN Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, January 24, 2017 Members Present: Chair Johnson, Commissioners Mark Konietzko, Jill Larson-Vito, Robert Rydberg, Alexander Feinstein, Mike Nicholas, and Brad Thiel Members Absent: None Staff Present: Planning Manager Zack Carlton, Planner BrieAnna Simon, Environmental Technician Kristin Mroz, and City Clerk Tina Allard Also Present: Councilmember Jennifer Wagner, Council Liaison 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 6:30 p.m. by Chair Johnson. 2.Pledge Of Allegiance The Pledge of Allegiance was recited. 3.Consider January 24, 2017, Planning Commission Agenda Moved by Commissioner Konietzko and seconded by Commissioner Nic approve the January 24, 2017, Planning Commission agenda. Motion carried 7-0. 4.1 Consider December 27, 2016, Regular Board of Adjustment Minutes Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to approve the December 27, 2016, Regular Board of Adjustments Minutes. Motion carried 7-0. 4.2 Consider December 27, 2016, Regular Planning Commission Meeting Minutes Moved by Commissioner Nicholas and seconded by Commissioner Fein approve the December 27, 2016, Regular Planning Commission Meeting Minutes. Motion carried 7-0. 5.1 Northern Tiny Builder, Inc. (75-013-1412) Conditional Use Permit to allow outdoor storage of vehicles, tiny homes; bus and trailer maintenance and repair; and a residential use, Case No. CU 16 -35 Planning Commission Minutes Page 2 January 24, 2017 Mr. Carlton stated the applicant withdrew his application for th 5.2 Max Steininger, Inc. Ð PID 75- 103 -1300 Zone Change adding ME Overlay District, Case No. ZC 17 -02 Conditional Use Permit for Mineral Excavation, Case No. CU 17 -02 Ms. Mroz presented the staff report. Staff recommended approval Permit with the conditions as outlined in the report. The applic any questions. Staff recommended a change to Condtion #7, at the request of the applicant, as follows: ÑThe applicant shall be responsible for the cost and constructio necessary and reasonable road improvements related to the project all road improvements, including turn lanes, as deemed necessary required by the City Township, Sherburne County or MnDot. The City reserves the right to requir pay for road maintenance of haul routes.Ò Chair Johnson opened the public hearing. There being no one to s Johnson closed the public hearing. Moved by Commissioner Konietzko and seconded by Commissioner Nic recommend approval of the zone change to Mineral Extraction Over 103-1101 and 75-782-0105. Motion carried 7-0. Moved by Commissioner Nicholas and seconded by Commissioner Fein recommend approval of Conditional Use Permit, Case No. CU 17-02 with the following conditions: 1.If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 2.The Conditional Use Permit shall expire if the authorized use ceases for more than six months. Failure to obtain an annual license will be evidence of cessation of use. 3.The applicant must apply for and receive approval of all required permits before any construction may begin. 4.A mineral extraction license shall be obtained annually. 5.Setbacks of 50 feet from Baldwin Ave and the northern property line shall be maintained. Setbacks of 30 feet from US Hwy 169 shall be maintained. Setback of 30 feet from the southern property line, unless mining collaboration agreement across property lines is confirmed. 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.The applicant shall be responsible for the cost and construction of necessary and reasonable road improvements related to the project, as deemed necessary by the Planning Commission Minutes Page 3 January 24, 2017 City, Sherburne County or MnDot. The City reserves the right to require the applicant to pay for road maintenance of haul routes. 8.The applicant shall work with the City Engineer to locate the berming along Baldwin Street NW. 9.Wash operations shall not be permitted unless a plan for protecting ground water and surrounding environment is approved by the city's environmental consultant. 10.Dust control is required for all roads and within the site in accordance with air pollution standards and to ensure dust does not create a public nuisance or otherwise adversely affecting adjacent properties. 11.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. 12.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. 13.The site shall be mowed or maintained to control noxious weeds and other vegetation. Existing trees and ground cover shall be preserved to the maximum extent possible. 14.Fencing shall be installed during extraction operations to ensure the safety of the public and environment as determined by the city engineer and environmental staff. 15.Hours of operation shall be allowed to be six (6) days a week, 2 Sundays and holidays excluded. 16.A reclamation plan that reflects the 61. 3 acres operation shall be approved by the city and completed within six months of case of operation. 17.A letter of credit or bond in the amount of $153,250 shall be provided to ensure reclamation is completed within six months of case of operation. Motion carried 7-0. 5.3 Tiller Corporation Ð PID 75- 103 -1300 Zone Change adding ME Overlay District, Case No. ZC 17 -01 Conditional Use Permit for Mineral Excavation, Case No. CU 17 -02 Ms. Mroz presented the staff report. Staff recommended approval recommendations outlined in the staff report. Staff recommended at the request of the applicant, as follows: ÑThe applicant shall be responsible for the cost and constructio necessary and reasonable road improvements related to the project all road improvements, including turn lanes, as deemed necessary required by the City Township, Sherburne County or MnDot. The City reserves the right to requir pay for road maintenance of haul routes.Ò Chair Johnson opened the public hearing. There being no one to comment on the matter, Chair Johnson closed the public hearing. Planning Commission Minutes Page 4 January 24, 2017 Moved by Commission Konietzko and seconded by Commissioner Thiel recommend approval of a zone change to Mineral Extraction Overla 103-1300 and 75-103-1400. Motion carried 7-0. Moved by Commissioner Konietzko and seconded by Commissioner Nic recommend approval of Conditional Use Permit, Case No. CU 17-02 with the following conditions: 1.If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 2.The Conditional Use Permit shall expire if the authorized use ceases for more than six months. Failure to obtain an annual license will be evidence of cessation of use. 3.The applicant must apply for and receive approval of all required permits before any construction may begin. 4.A mineral extraction license shall be obtained annually. 5.Setbacks of 50 feet from Baldwin Ave and the northern property line shall be maintained. Setbacks of 30 feet from US Hwy 169 shall be maintained. Setback of 30 feet from the southern property line, unless mining collaboration agreement across property lines is confirmed. 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.The applicant shall be responsible for the cost and construction of necessary and reasonable road improvements related to the project, as deemed necessary by the City, Sherburne County or MnDot. The City reserves the right to require the applicant to pay for road maintenance of haul routes. 8.The applicant shall work with the City Engineer to locate the berming along Baldwin Street NW. 9.Wash operations shall not be permitted unless a plan for protecting ground water and surrounding environment is approved by the cityÔs environmental consultant. 10.Dust control is required for all roads and within the site in accordance with air pollution standards and to ensure dust does not create a public nuisance or otherwise adversely affecting adjacent properties. 11.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. 12.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. 13.The site shall be mowed or maintained to control noxious weeds and other vegetation. Existing trees and ground cover shall be preserved to the maximum extent possible. Planning Commission Minutes Page 5 January 24, 2017 14.Fencing shall be installed during extraction operations to ensure the safety of the public and environment as determined by the city engineer and environmental staff. 15.Hours of operation shall be allowed to be six (6) days a week, 2 Sundays and holidays excluded. 16.A reclamation plan that reflects the 61.3 acres operation shall be approved by the city and completed within six months of case of operation. 17.A letter of credit or bond in the amount of $153,250 shall be provided to ensure reclamation is completed within six months of case of operation. Motion carried 7-0. 5.4 City of Elk River Ordinance amendment updating signage regulations, Case No. OA 17 Ms. Simon presented the staff report. Staff recommended approval of the ordinance amendment. Commissioner Thiel question why Council wants to remove language regarding signage for vehicles parked for the sole purpose of advertising but parking trailers for advertising purposes would still be prohibited. He expressed concerns for particular vehicles he has seen parking around the city that look to be utilized for the sole purpose of advertising and this ordinance change would still allow for that type of adverti Ms. Simon stated staff enforcement of the ordinance is difficult because it is hard to differentiate between these type of vehicles and wrapped vehicle Commissioner Rydberg questioned the definition of trailers. Mr. Carlton stated this ordinance was created because of issues with semi-trailers sitting in parking lots for long periods of time with advertising signage o Commissioner Larson-Vito noted in the past there were some quest under the definition of a sign. She asked if there is any language to more clearly define what is considered a sign. Mr. Carlton stated a sign is defined in city ordinance under the Definitions section of the zoning code. He stated the amendment before the commission tonight outlines how the city will regulate the place, type, and size of signs, noting content is irrelevant. Commissioner Larson-Vito commented that the city should clarify Mr. Carlton discussed the current sign definition outlined in ordinance. He stated any symbol is a sign and a sign is a symbol. He stated they should b stated signs/symbols convey messages and advertising. He cited religious, institutional, and commercial examples, such as the Target logo. Planning Commission Minutes Page 6 January 24, 2017 Commissioner Rydberg questioned the appeal process. Mr. Carlton highlighted the following: Staff review city attorney review formal land use appeal process Chair Johnson opened the public hearing. Zack Anderson, 4546 Logan Avenue N, Mpls Ï Stated he was here on behalf of the Gateway Church and Vanman Architects. He expressed concerns with the definition of signage versus symbols. He stated he is not here in opposition to anything but would like to see a different definition for religious symbols because he doesnÔt believe they should be categorized as a sign. Chair Johnson closed the public hearing. Chair Johnson further discussed the Gateway issues with the signage being free-standing versus on the building. He stated the city has a good definition Commissioner Rydberg noted there are other options for the churc Councilmember Wagner stated the Council felt the church proposed issue the Council struggled with was the size of the sign, noting it was 2 ½ times larger than city ordinance allowed. She further noted staff offered several other options the church could consider which they seemed amendable to at the time. Mr. Anderson asked if the church would be good to go if they re- offering a different height option. He also questioned roof sign It was noted there were other concerns from their previous application request that would have to be addressed, such as a second free-standing sign. Mr. Carlton stated roof signs are prohibited by ordinance. He noted there are some churches that do have crosses on the roof, but they are considered legal non-conforming signage. Commissioner Rydberg stated there has also been some discussion from the neighborhood about the impact on the surrounding aesthetics, which may have b height, but if the church were to change their request the neighbors may have less of a concern. Moved by Commissioner Vito and seconded by Commissioner Konietzk recommend approval of an ordinance amendment relating to signage as outlined in the staff report. Motion carried 7-0. Planning Commission Minutes Page 7 January 24, 2017 5.5 City of Elk River Ordinance amendment relating to dumpsters and portable storage containers in city right-of-way, Case No. OA 17-02 Mr. Carlton presented Mr. LeesebergÔs staff report. Staff recommended approval of the ordinance amendment as presented. Commissioner Thiel further expressed safety concerns when drivin at night with material being left on the street. Chair Johnson opened the public hearing. There being no one to comment on the matter, Chair Johnson closed the public hearing. Commissioner Rydberg stated staff should include this informatio and marketing when working with groups on signage. Councilmember Wagner questioned the following: Permit cost. How long items can sit on street. Enforcement process. She noted many times landscaping companies of a project in one day and will often dump product on the street. She questioned what would happen to them if they are caught. Mr. Carlton stated the permit cost has yet to be determined but it would be minimal. He noted the more significant cost to the applicant will be for the escrow fee. He stated a permit can be valid for up to 30 days. He stated enforcement hasnÔt been worked out yet but it may be through the police department. He discussed the enforcement p landscaping company could be fined if caught dumping material in permit. Councilmember Wagner asked for these items to be included as par discussion. Commissioner Rydberg stated some people may not have the ability and he questioned if there were alternative options for payment Mr. Carlton stated no but staff could do further research. He noted a bond may be difficult for a homeowner to acquire. Commissioner Larson-Vito stated a homeowner going through a fire or flood may not be able to afford to pay the escrow. Moved by Commissioner Konietzko and seconded by Commissioner Thi recommend approval of an ordinance amending Section 46-39, Performance Standards of the City of Elk River, Minnesota, City Code. Motion carried 7-0. Planning Commission Minutes Page 8 January 24, 2017 6. General Business Mr. Carlton noted the CouncilÔs recognition dinner of commissioners is scheduled Wednesday, March 8, 2017. 7.1 City Council Liaison Update Chair Johnson thanked Councilmember Wagner for joining the commission as Council liaison. 8. Adjournment The meeting adjourned at 7:23 p.m. Tina Allard City Clerk _______________________ Eric Johnson, Vice Chair Planning Commission