01-24-2017 PC MIN :ity of
IFs* ..,
EMeeting of the Elk River Planning Commission
River 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
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 6:30 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 Nicolas to
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 Feinstein to
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 this item.
5.2 Max Steininger, Inc.— PID 75- 103 -1300
• Zone Change adding ME Overlay District, Case No. ZC. I7 -02
• Conditional Use Permit for Mineral Excavation, Case No. CU 17 -02
Ms. Mroz presented the staff report. Staff recommended approval of the Conditional Use
Permit with the conditions as outlined in the report.The applicant was present to answer
any questions. Staff recommended a change to Condtion#7,at the request of the applicant,
as follows:
"The applicant shall be responsible for the cost and construction of necessary and
reasonable road improvements related to the project ,
as deemed necessary reed by the City Township,
Sherburne County or MnDot.The City reserves the right to require the applicant to
pay for road maintenance of haul routes."
Chair Johnson opened the public hearing.There being no one to speak on the matter,Chair
Johnson closed the public hearing.
Moved by Commissioner Konietzko and seconded by Commissioner Nicholas to
recommend approval of the zone change to Mineral Extraction Overlay for PID's 75-
103-1101 and 75-782-0105. Motion carried 7-0.
Moved by Commissioner Nicholas and seconded by Commissioner Feinstein to
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,24 hours a day,
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— PID 75- 103 -1300
• Zone Change adding ME Overlay District, Case No. ZC 17 -0I
• Conditional Use Permit for Mineral Excavation, Case No. CU 17 -02
Ms. Mroz presented the staff report. Staff recommended approval of the CUP with the
recommendations outlined in the staff report. Staff recommended a change to Condition#7,
at the request of the applicant,as follows:
"The applicant shall be responsible for the cost and construction of necessary and
reasonable road improvements related to the project ,
as deemed necessary reed by the City Township,
Sherburne County or MnDot.The City reserves the right to require the applicant to
pay for road maintenance of haul routes."
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 to
recommend approval of a zone change to Mineral Extraction Overlay for PID's 75-
103-1300 and 75-103-1400. Motion carried 7-0.
Moved by Commissioner Konietzko and seconded by Commissioner Nicholas to
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 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.
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,24 hours a day,
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 17-01
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 advertising.
Ms. Simon stated staff enforcement of the ordinance is difficult because it is hard to
differentiate between these type of vehicles and wrapped vehicles.
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 on them.
Commissioner Larson-Vito noted in the past there were some questions about what falls
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 the definition of a sign.
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 be regulated as a sign. He
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—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 doesn't 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 of a sign.
Commissioner Rydberg noted there are other options for the church.
Councilmember Wagner stated the Council felt the church proposed a beautiful sign but the
issue the Council struggled with was the size of the sign,noting it was 2 1/2 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-submit an application
offering a different height option. He also questioned roof signs.
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 been a concern due to its
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 Konietzko to
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. Leeseberg's staff report. Staff recommended approval of the
ordinance amendment as presented.
Commissioner Thiel further expressed safety concerns when driving through neighborhoods
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 information as part of their education
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 are in and out
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
P Y
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 hasn't been worked out yet but it may
be through the police department. He discussed the enforcement process and noted the
landscaping company could be fined if caught dumping material in the street without a
permit.
Councilmember Wagner asked for these items to be included as part of the Council
discussion.
Commissioner Rydberg stated some people may not have the ability to pay a cash escrow
and he questioned if there were alternative options for payment such as a bond.
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 Thiel to
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 Council's 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.
I L !J
j
Tina Allard —
City Cler
Ericson,Vice Chair
Planning Commission