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05-22-2001 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MAY 22, 200 I Members Present: Chair Pederson, Commissioners Franz, Mesich, Ropp and Schuster Commissioner Baker arrived at 6:35 p.m. Members Absent: None Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Debbie Huebner, Recording Secretary 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 Pederson. 2. Consider 5/22/01 Planning Commission Agenda COMMISSIONER MESICH MOVED TO APPROVE THE MAY 22,2001 PLANNING COMMISSION AGENDA. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 4/24/01 Planning Commission Minutes COMMISSIONER FRANZ MOVED TO APPROVE THE APRIL 22, 2001, MINUTES WITH THE FOLLOWING CORRECTION: MEMBERS ABSENT: REMOVE "COMMISSIONER BAKER" COMMISSIONER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Schuster will attend the June 18,2001, City Council meeting. 5.1. Request by Tiller Corporation for Amendment to Conditional Use Permit. Case No. CD 01-20 Staff report by Steve Rohlf. Tiller Corporation is requesting an amendment to their existing conditional use permit to mine, crush, screen and sell sand and gravel products from their site north and south of 221 st Avenue just west of Highway 169. Mr. Rohlf reviewed the areas proposed to be mined. He explained that the property Planning Commission Minutes May 22, 2001 Page 2 . was included in the city's Environmental Impact Statement and a yearly license is required for their operations, including the hot-mix asphalt plant. Commissioner Baker arrived at this time (6:35 p.m.) Mr. Rohlf described the woods located on the site, noting that buffers would be required to save trees where possible. Also, a 140' buffer will be maintained between the wetland on the site and excavation activities. Tiller is proposing to exchange land with C.S. McCrossan Construction, Inc. as described in the staff report. This arrangement is to make logical boundaries between the two properties, stopping the mining in a valley versus the top of a ridge. Mr. ~ohlf reviewed the following points as described in detail in the conditional use permlt: 1. Ground water - Washing of gravel will not be allowed at Tiller's site due to concerns that appropriating large amounts of ground water would cause the contamination at the Elk River Landfill to laterally migrate faster. 2. Hours of operation will be 7:00 a.m. to 7:00 p.m., Monday through Saturday. Tiller has requested exceptions be made for the hot-mix plan when a paving job requires working at night to avoid heavy traffic times. . 3. Setbacks are proposed as follows: 50' setback adjacent to 221 Sl Avenue and Highway 169; a 200' buffer adjacent to the City trail; no setback between Tiller's operation and the McCrossan property discussed previously; a 30' setback between mining activities, and a 200' wide buffer required of the Elk River Landfill on their property. Commissioner Baker asked what type of buffer from the City trail Mr. Rohlf is proposing. Mr. Rohlf stated that there will be a 200 foot wide area left undisturbed (i.e., no tree cutting, mining, etc.). Commissioner Franz asked if the issue with the adjacent property owner has been resolved. Chair Pederson opened the public hearing. . Mike Caron, Tiller Corporation, stated that he met with the neighbor and that his concerns were screening and planting of trees. A tree plan has been developed which will address the neighbor's concerns. Mr. Caron noted that odor from the asphalt plant was a concern of the neighbor to the east in the past, but Tiller is now able to adjust their plant operation to address this issue when it becomes a problem. Commissioner Baker asked how the complaint process works. Mr. Caron stated that it only takes a phone call and either he or his plant manager will go out to meet with the neighbor. If complaints continue regarding odor, they can then use additives to mask the odor. Mr. Rohlf noted that a severe inversion could result in suspension of their permit. Planning Commission Minutes May 22, 2001 Page 3 . John Kuester, Park and Recreation Commission Chair, asked how the buffer along the city trail would be established. Steve Rohlf explained that Tiller has a chain link fence on their western property boundary, and that it would be fairly easy to measure the 200 foot buffer zone. He stated that inspections will be done periodically and he expects Tiller to ensure that the trees survive. Mr. Rohlf noted that conditions are included in the permit regarding oak wilt. Commissioner Schuster asked how extensive the sale of gravel would be from the site. Mr. Carons explained that Tiller's sales department handles sales by phone and the only sign on the site will be consistent with the 1-2 zoning district. Mr. Carons noted that some local contractors occasionally come in for a load of sand. Commissioner Mesich asked how long the mining operation will be extended by this additional land. Mr. Carons stated that at most, the operation may be extended by 2-5 years. Mr. Rohlf noted that the timing of the mining operations is being accelerated by the demand from the metro area. Commissioner Franz asked if there is enough top soil set aside for reclamation. Mr. Caron stated that they are overburdened with topsoil and felt confident it will be adequate. . COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY TILLER CORPORATION FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT TO EXPAND THEIR MINING AREA, CASE NO. CU 01-19, WITH THE CONDITIONS AS OUTLINED IN THE STAFF REPORT AND CONDITIONAL USE PERMIT. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. Request by Brian Brueske (AquaPure) for an Interim Use Permit, Public Hearing - Case No. CU 01-18 5.2. . Staff report by Scott Harlicker. Brian Brueske requests an interim use permit to allow the development of industrial property which is within the Urban Service Area, prior to the availability of municipal sewer and water. The property is owned by Dick Hetland (Elk River Recycling Center) and is located at 16501 Highway 10. Mr. Harlicker explained that the zoning code would allow construction of a second principle structure prior to the immediate availability of water and sewer, with certain conditions. However, Mr. Brueske has stated he wants to own, not lease his land and building. Also, Mr. Harlicker eXplained that a PUD (planned Unit Development) is not an option for development prior to water and sewer, due to the small size of the property (1 acre). He discussed criteria for determining the appropriateness of an interim use permit. Mr. Harlicker explained that the interim use would expire upon availability of services and the property owner would be required to pay assessments and other costs associated with hooking up to sewer and water. Staff feels that the applicant's request is consistent with the criteria and Planning Commission Minutes May 22, 2001 Page 4 . recommends approval of the request, with the four conditions listed in the staff report. Commissioner Baker asked if the city would incur any extra costs. City Engineer Terry Maurer stated that the applicant would pay all costs of hooking up to city sewer and water. Commissioner Franz asked what happens to the septic system when the property is hooked up to city sewer. Mr. Maurer explained that the septic tank is required to be pumped, the cover crushed and filled in. Chair Pederson opened the public hearing. Brian Brueske, applicant, stated that he would like to build this fall, but April of 2002 will be a more likely date for construction. Dick Hetland, property owner, asked if the City Engineer had any idea how long before water and sewer would be available. Mr. Maurer stated that the water would likely come down Highway 10 at some point, but he did not have any idea when sewer would be available. . Commissioner Mesich felt language should be included in Condition #2 and #3 to protect the City, and to reference "the city's ordinance" regarding the specified time frame to hook up to services. Commissioner Franz asked if there were any concerns for the septic system, regarding the water purification process proposed by Mr. Brueske. Commissioner Baker asked if any special permits for pollution were required for Mr. Brueske's operation. Mr. Brueske stated that his process will not impact the drainfield and that no special permits are required. Commissioner Ropp asked if there are any requirements for abandoning the drainfield when sewer becomes available. Mr. Maurer stated that the drainfield can be left as is, unless the property owner were to build there or create a parking area, in which case the materials would then need to be removed. There being no other public comment, Chair Pederson closed the public hearing. . COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY BRIAN BRUESKE FOR AN INTERIM USE PERMIT, CASE NO. CU 01-18, WITH THE FOLLOWING CONDITIONS: 1. THE INTERIM USE PERMIT IS FOR THE PRIVATE WELL AND SEPTIC SYSTEM AND WILL TERMINATE AT THE TIME WHEN CITY SEWER AND WATER BECOME AVAILABLE. 2. THE PROPERTY OWNER WILL AGREE TO PAY ALL TRUNK AND LATERAL COSTS ASSESSED FOR EXTENDING WATER AND Planning Commission Minutes May 22, 2001 Page 5 . 5.7. . . SANITARY SEWER TO THE SITE AND WILL WAIVE ALL RIGHTS TO APPEAL THE AMOUNT ASSESSED FOR WATER AND SANITARY SEWER. 3. THE PROPERTY OWNER WILL HOOK-UP TO CITY SEWER AND WATER WITHIN THE SPECIFIED TIME FRAME IN THE CITY'S CURRENT ORDINANCE APPLICABLE AT THE TIME THESE SERVICES BECOME AVAILABLE. 4. PRIOR TO DEVELOPING THE PROPERTY, THE PROPERTY SHALL BE PLATTED AND THE APPLICANT SHALL APPLY FOR SITE PLAN REVIEW. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. Request by Chris Stephan for Home Occupation (Landscape Business). Public Hearing - Case No. CU 01-19 Staff report by Michele McPherson. Chris Stephan requests a conditional use permit for a home occupation for a landscape services business at 22531 Meadowvale Road. Ms. McPherson reviewed the conditions listed in Section 900.25 of the City Code for a permitted home occupation. The business employees 5 full-time employees who report to the office 75% of the time, and 4 laborers who report to the jobsite daily. She noted that the applicant is proposing a number of improvements to the site to accommodate the proposed landscape business, including a 40' x 60' metal-skinned pole building. The building will be accessed by two driveways off the existing driveway to the home. Staff suggests further landscaping of the outdoor storage area than what is proposed by the applicant. The city's ordinance permits a 4 square foot wall sign, however, rural based businesses are permitted for off-premise directional signs not exceeding 18 square feet under certain conditions. Staff recommends approval of the request with the conditions listed in the staff report. Commissioner Baker asked what the surrounding uses were. Ms. McPherson stated that the surrounding uses are rural/agricultural and that there is a large amount of wetlands with very little buildable land. Chair Pederson opened the public hearing. Roger Reinhart, 14050 227th Avenue NW, neighbor to the east of the applicant, expressed concern that Mr. Stephan's business may grow much larger than he anticipates. He stated that the landscaping company he works for started with 5 employees and has grown to 70 employees. Mr. Reinhart asked if there would be significant loading and unloading, since that type of operation could be noisy. Chris Stephan, applicant, stated that he also worked for a landscape company which grew to six locations. He stated that he intends to keep his operation a small family owned business. Currently, the business consists of his wife, his brother, Planning Commission Minutes May 22, 2001 Page 6 . himself and 2 others. He stated that employees with generally come in to pick up a truck or blue prints and then leave. He felt the traffic should be minimal but that it would be year-round, since they also plow snow in the winter. Mr. Stephan felt the only significant noise would be the sound of loading materials in the morning and then the trucks would leave for the day. He stated that debris will be taken directly to the landfill from the job site. Mr. Stephan explained that he expects his business will grow but that he does not wish to outgrow the site. He anticipates not having more than 12 to 15 people at maximum operation, and he does not look to expand his fleet or equipment much beyond what he currently has. Commissioner Mesich asked Mr. Stephan what kind of trucks he has. He stated that he has a regular size pickup, a I-ton truck, and a 2-ton truck. There will be no retail or wholesale sales from the site. Mr. Stephan noted that there may be an occasional semi-delivery but it would be very seldom. The vehicles will be parked inside of the pole building. Mr. Stephan stated that he does not intend to park vehicles around the site, as is the case with his neighbor, who repairs antique cars and parks junk vehicles all around the perimeter of his site. In the winter, the employees generally take the trucks home for snowplowing. Chair Pederson asked if Mr. Stephan's equipment has backup alarms. Mr. Stephan stated that only the skid loader has a backup alarm. . Commissioner Baker asked if the city's nuisance ordinance would apply to this business. Ms. McPherson stated that all property in the City must abide by the nuisance ordinance. Commissioner Mesich asked how many residences are within 350 feet of Mr. Stephan's property. Ms. McPherson stated that 11 notices were mailed to properties within 350 feet. Chair Pederson asked if parking would be adequate if the business grew. Ms. McPherson stated that if the applicant needed to expand beyond what was allowed by this conditional use permit, he would need to come back for an amendment. Commissioner Mesich felt there should be some sort of limit on the number of employees. Chair Pederson expressed his agreement. Commissioner Mesich also felt conditions should be included to prevent debris from being stored on the site and to require vehicles to be parked inside. Commissioner Baker asked if the Commission felt they should address large loads of rock or materials coming into the site. Commissioner Mesich stated that he did not feel the site would allow much storage. Commissioner Franz asked if a condition could be added to require fencing or screening. Ms. McPherson stated that the applicant is proposing to construct a 6 foot high wood or vinyl privacy fence and that staff is suggesting plantings be added. . Mr. Stephan stated that the low and wetland areas serve as a buffer. Planning Commission Minutes May 22, 2001 Page 7 . Mr. Reinhart asked Mr. Stephan intended to do anything in the wooded area between their two properties. Mr. Stephan stated that none of the woods would be cut down. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CHRIS STEPHAN FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION OF A LANDSCAPE SERVICES BUSINESS, CASE NO. CU 01-19, BASED ON INFORMATION IN THE STAFF REPORT AND COMMENTS RECEIVED DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. SIGNAGE SHALL BE LIMITED TO A WALL SIGN OF 4 SQUARE FEET IN AREA. . 2. ALL MATERIALS, EQUIPMENT, AND THE DUMPSTER SHALL BE KEPT WITHIN THE FENCED ENCLOSURE. 3. ADDITIONAL SCREENING THROUGH THE USE OF CONIFEROUS TREES SHALL BE PLANTED ALONG THE SOUTH PROPERTY LINE TO PROVIDE ADDITIONAL SCREENING FOR THE ADJACENT NEIGHBOR TO THE SOUTH. 4. THE MAXIMUM NUMBER OF EMPLOYEES IS LIMITED TO 15. 5. DEBRIS MAY NOT BE STORED ON SITE. 6. ALL LARGE EQUIPMENT IS TO BE PARKED INSIDE THE POLE BUILDING AT NIGHT. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.8. Request by Gold Nugget Development for Preliminary Plat Approval of Kliever Lake Fields. Public Hearing - Case No. P 01-08 Staff report by Michele McPherson. The applicant requests preliminary plat approval of Kliever Lake Fields, comprised of 104 single family lots; Outlot A to be dedicated for park; Outlot Be also to be dedicated for park, and Outlot C to be held in abeyance for townhome development approval after the City revises its townhome ordinance. Ms. McPherson reviewed existing conditions of the site, lot sizes and streets. She noted that utilities, grading and drainage issues are addressed in the City Engineer's report which is attached to the staff report. The Park and Recreation Commission has recommended to accept 7.9 acres of land for park dedication for this plat and future platting of Outlot C. The developer proposes to construct six foot high fences and additional landscaping for buffering along County Road 12 and . Fillmore Street. Ms. McPherson recommended a condition be added to require Planning Commission Minutes May 22, 2001 Page 8 . clustering of mailboxes. Staff recommends approval of the request with the 12 conditions in the staff report. Chair Pederson opened the public hearing. Horst Graser, Gold Nugget Development, applicant, stated that initially the project included a townhome component, but due to the moratorium, he will be submitting an application for townhomes for Outlot C at a later date. He stated that he plans to grade Outlot C to create some walk-out lots to provide some variety in housing styles. Mr. Graser eXplained that Sherburne County has a large easement on the property. He had hoped to expand the pond in the easement for his project but the County recently denied his request. He stated that drainage needs to get to Kliever Lake somehow. Commissioner Mesich asked where the pond would be located if the County will not allow expansion of the pond in their easement. Mr. Graser stated that he would have to look at locating the pond in the cul-de-sac area north of the proposed park and then explained the layout of the park. He stated that the average lot width is 83'.85', and some are 90'-95'. He proposed to start the project this year and construct Street A. He noted that the city water tower will be located to the south of this property. . Bruce Goetz, P.O. Box 421, Elk River, property owner to the south of the proposed development, was concerned he may be forced to hookup to city services. City Engineer Terry Maurer eXplained that services will be stubbed up to his property line for the 40 acres to the west of him, but that there will be no costs or assessments for Mr. Goetz. John Kuester asked Mr. Graser to explain where the pond would be located, if he is not able work out an agreement with the County. Mr. Graser pointed out a possible site north of the park area. Mr. Graser noted that the park will not be impacted by any over flow from the pond. Mr. Kuester asked what the line was for, running diagonally through the park, which was shown on the plan. Mr. Graser eXplained that there will be an underground storm sewer line running toward Kliever Lake. . Ruth Brown, property owner to the west (Kliever Lake Marsh), stated that she and her husband will be moving into their new home at 17773 Tyler Street, and that 10 acres of their property connects to the southwest corner of the plat. She asked if the property has access to the marsh and if so, what will be done to protect it from being impacted. Terry Maurer explained that the property does not connect to the marsh but that runoff does flow in that direction now. He felt the quality of the water in the marsh would actually be improved due to the fact that all of the drainage will go through the pond, settling out the floating material, sand and grit Mr. Maurer stated that the County was granted a easement across the Holzem property. Mrs. Brown stated that the County plans to use the old tile system to save money. Mr. Maurer explained that the County has a new policy which restricts utilizing existing County drainage easements for new plats. He stated that Mr. Graser will have to deal with the County on this issue. Planning Commission Minutes May 22, 2001 Page 9 . Mrs. Brown expressed concern for safety and/or liability issues with the number of homes being proposed close to their property. She felt that the power line corridor will serve as an aisle for people to walk or ride bikes or motorized vehicles into the marsh area. She asked the developer to consider fencing the property on the south and west, as well as along County Road 12 and Fillmore, to prevent future problems. Commissioner Mesich stated that the 40 acres next to the Brown's property is also going to be developed and a water tower placed on the site. Mr. Maurer explained that the water tower will be located close to the border of Mr. Goetz's property. He stated that it was his understanding that the access road to the tower would likely be in a location that would become a street in the new development. Commissioner Mesich asked how much of this land was flooded in the spring. Ms. McPherson stated that there was one area on the north end of the site near County Road 12 that had standing water, but that the rest of the site was relatively dry. Commissioner Mesich asked if the wetlands have been delineated. Mr. Maurer stated yes and that there are 3 small inlets to drain the site and the rest soaks into the ground. Mr. Maurer explained that the drainage will be entirely different when it has a fully developed drainage system. Ms. McPherson reviewed a drawing which identified the three wetlands on site. . Commissioner Schuster questioned why the mailboxes are proposed to be clustered. He eXplained that there is a significant amount of litter in his neighborhood where the mailboxes are clustered, because of flyers falling out the back of the slots. Ms. McPherson stated that the post office has requested the clustered boxes, and suggested that the backs of the "shopper" slots could be closed. Chair Pederson stated that it appears there are 11 lots which are less than 12,000 square feet, rather than 5 as stated in the memo. Ms. McPherson explained which lots will be eliminated or added, due to the change in the park proposal. Chair Pederson stated that more lots would be lost if the developer had to build a pond. He questioned if there would be significant filling. Mr. Graser eXplained that he proposes to mine out fill in Outlot C to raise the entire site in order to provide more diversity in housing styles. Commissioner Mesich asked what the price range would be for the homes. Mr. Graser stated that the homes will be $160,000 to $220,000. Commissioner Mesich asked the developer if he knew where the children moving into this area would go to school and if there would adequate room for them. Mr. .Graser stated that he has not spoken with the school district. Chair Pederson suggested that sidewalks be installed on the street stubs which will connect to future plats . Commissioner Mesich expressed his concern that new plats are being approved in this area and construction has not begun on the new water tower. He asked when the new tower would be in operation. Planning Commission Minutes May 22, 2001 Page 10 . Mr. Maurer stated that the new water tower will be on line in late 2002 or early 2003. Commissioner Mesich asked if there is still a water pressure problem for homes in Trott Brook Farms. Mr. Maurer stated that the problems are not related to needing a new water tower. The Municipal Utilities did not switch Trott Brook Farms over to a high pressure system until they were able to put in a redundant line near Perkins. Their plans were delayed and this switch over did not happen until this spring. Mr. Maurer stated that there is no immediate need for the water tower to service the new developments, but that they are planning ahead for future needs. Commissioner Schuster asked what amenities are planned for the park. Mr. Kuester stated that new parks to through a concept planning process. When a concept is available, the neighbors are invited to a meeting to provide their comments. Mr. Kuester stated that the park will likely consist of some sort of "pick up" playing field, a picnic shelter, playground equipment, and possibly a basketball court. Commissioner Schuster asked if the Park and Recreation Commission would consider adding land to this park, when the property to the south is developed. Mr. Kuester stated that would be a possibility. Commissioner Mesich asked what the zoning of the property was previously. Ms. McPherson stated that it was zoned R1e. . Chair Pederson asked what the current use of the property is. Ms. McPherson stated that it is a farm field. Commissioner Mesich stated that the Commissioners should take into consideration the fact that the 2007 date for sewer and water extension was established to protect the city from an infusion of high density in this area. He asked how the proposed density of this plat compares to other plats in the city. Mr. Harlicker stated that this development would be comparable to Country Crossing. Commissioner Mesich asked what the density of the townhomes proposed for Outlot C would be. Mr. Beck stated that the property will have to be rezoned to PUD or R3 in order to develop the site with townhomes. The Commissioners discussed possible impact of the pond on the preliminary plat layout. It was the consensus of the Commissioners to table the plat until the developer could finalize the location of the pond. Mr. Graser stated that it is not an issue to amend the plat if necessary, but that he would like to try to work with the County on their easement. There being no further public comment, Chair Pederson closed the public hearing. . COMMISSIONER MESICH MOVED POSTPONE THE REQUEST BY GOLD NUGGET DEVELOPMENT FOR PRELIMINARY PLAT APPROVAL (KLIEVER LAKE FIELDS), CASE NO. P 01-08, TO THE JUNE 12,2001 PLANNING COMMISSION SPECIAL MEETING. CHAIR Planning Commission Minutes May 22, 2001 Page 11 . PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6- O. 5.5. Request by City of Elk River for Ordinance Amendment to Add Definition of Animal Nutrition and Agricultural Research. and Establish an AR (Agricultural Research) District. Public Hearing - Case No. OA 00-8 5.3. Request by City of Elk River for Land Use Amendment for a Portion of Cargill Property form LR (Low Density Residential) and LI (Light Industrial) to A (Agricultural). Public Hearing - Case No. LU 00-6 5.4. Request by City of Elk River for Rezoning of a Portion of Cargill Property to AR (Agricultural Research) District. Public Hearing - Case No. ZC 00-7 . Staff report by Scott Harlicker. The City of Elk River and Cargill have requested amending the Zoning Code to create a definition for Agricultural Research and establish an AR (Agricultural Research) District, an amendment to the land use plan to change the land use designation of certain property from LR (Low Density Residential) and LI (Light Industrial) to A (Agricultural), and to change the zoning of the same property from R1a (Single Family Residential) and L1 (Light Industrial) to AR (Agricultural Research). The proposed land use plan amendment also includes adjusting the urban service boundary so that the new AR zoning district is not included in the Urban Service Area. Staff recommends approval of the amendments and rezoning based on the findings listed in the staff report. City Attorney Peter Beck reviewed the history of the Cargill operation which began in the 1950's. He stated that Cargill has had very little, if any, impact on the city itself or the adjacent properties. Mr. Beck explained that in the past, the City has been unable to fit Cargill's use into the zoning ordinance, and this request is an attempt to create a zoning district unique to them. Cargill was assessed for the extension of utilities into the eastern area and appealed the assessment, stating that they did not want or need them. After more than two years of negotiations, the City and Cargill have agreed to a settlement which includes processing the necessary ordinance and land use amendments to accommodate Cargill's use of their property. Mr. Beck explained the other terms of the settlement, including relocating of the land trust property into the eastern area, and a land donation by Cargill. Commissioner Franz asked if there were any other operations in the City that would fit into this zoning district. Mr. Beck stated that there were not. He -noted that Cargill is a unique operation which is internationally renown for agricultural research. Mr~ Harlicker stated that the City has never had a clear definition for Cargill and he felt the proposed definition fits what is actually on their site. He reviewed the definition at this time. . Planning Commission Minutes May 22, 2001 Page 12 . Commissioner Baker asked if there were any significant changes since the Planning Commission last reviewed this issue. Mr. Beck stated that the changes are very minimal. Chair Pederson asked why their use is being proposed as a conditional use and not a permitted use. Mr. Beck explained why he felt the conditional use was a better approach. Commissioner Baker asked if the purpose was to give the city some control. Mr. Beck agreed that the conditional use permit process would provide some control over the intensity of the use for issues such as number of animals, traffic, impacts off-site on adjacent properties, etc. Mr. Harlicker explained that the conditional use permit will cover the areas shown in white and yellow on Exhibit A. As it is, if Cargill wanted to expand their office area the would not be able to, because of the utilities issue. Approval of the ordinance and land use amendments would allow expansion under the conditional use permit. Scott noted that there is much more to Cargill's operation than livestock and that they also do feed research. Chair Pederson opened the public hearing. Greg Fontaine of Dorsey-Whitney, representing Cargill, Inc., stated that the intent of this process is to create a comprehensive solution to the technical difficulties in dealing with the assessments and utility issues. . Chuck Jenson, Operations Team Leader for the Elk River Cargill operations, stated that members of the City Council and staff have been out to visit the site, and he encouraged the Planning Commissioners to do so. Mr. Harlicker noted that Cargill has requested that where the words "agricultural research" is mentioned in the proposed ordinance, they would like the words "and development facilities" included. Commissioner Mesich asked what is being done to maintain the quality of the lagoons on site. Mr. Jensen stated that the lagoons were built to EP A standards and cannot be changed without their approval. He noted that they worked with the University of Minnesota on this issue. Commissioner Baker asked for clarification on the rezoning and land use areas. Mr. Harlicker explained the area proposed for rezoning and land use amendment. Mr. Beck stated that all of Cargill's property east of the railroad tracks is being taken out of the Urban Service Area and everything west of the railroad tracks will be included in the Urban Service Area. Commissioner Baker expressed his support for Cargill's operation. Commissioner Franz stated that he felt Cargill's site was clean and well-kept. . Planning Commission Minutes May 22, 2001 Page 13 . . . Mr. Fontaine stated that he was in agreement with all Mr. Beck's comments with the exception of the boundary to the west. He stated that he will check the settlement documents for verification. Mr. Beck explained language in the agreement which offers Cargill three options for requesting connection to utilities. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL THE REQUEST BY THE CITY OF ELK RIVER TO AMEND THE ZONING CODE TO CREATE A DEFINITION FOR AGRICULTURAL RESEARCH AND ESTABLISH AN AR (AGRICULTURAL RESEARCH) DISTRICT, AS OUTLINED IN THE STAFF REPORT, CASE NO. OA 00- 8. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR THE FOLLOWING: 1. PROPOSED AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN CHANGING THE LAND USE DESIGNATION FROM LI (LIGHT INDUSTRIAL) AND LR (LOW DENSITY RESIDENTIAL) TO A (AGRICULTURAL CONSERVATION); 2. PROPOSED AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN CHANGING THE URBAN SERVICE BOUNDARY SO THAT THE PROPERTY WITH THE LAND USE DESIGNATION OF A (AGRICULTURAL CONSERVATION) IS NOT INCLUDED IN THE URBAN SERVICE AREA; 3. PROPOSED ZONE CHANGE FROM It (LIGHT INDUSTRIAL) AND R1A (SINGLE F AMIL Y RESIDENTIAL) TO AR (AGRICULTURAL RESEARCH). THE AMENDMENTS TO THE LAND USE PLAN ARE BASED ON THE FOLLOWING FINDINGS: . THE PROPOSED CHANGES TO THE LAND USE MAP ARE CONSISTENT WITH THE COMPREHENSIVE PLAN BECAUSE: 1. THE PROPOSED AMENDMENTS PROMOTE AN ORDERLY DEVELOPMENT PATTERN CONSISTENT WITH THE SEMI-RURAL CHARACTER OF THE COMMUNITY. 2. THE PROPOSED AMENDMENTS WILL HELP PRESERVE AGRICULTURAL USES IN THE CITY. 3. THE PROPOSED AMENDMENTS REFLECT THE LONG RANGE PLANS FOR THE PROPERTY. Planning Commission Minutes May 22, 2001 Page 14 . 4. THE PROPOSED AMENDMENTS WILL ENCOURAGE THE EXTENSION OF SEWER LINES ON A COST EFFECTIVE BASIS WITHOUT UNDUE BURDEN ON TAXPAYERS. THE ZONE CHANGE IS BASED ON THE FOLLOWING FINDINGS: 1. THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF A (AGRICULTURAL). 2. THE CONDITIONS HAVE CHANGED TO WARRANT THE PRESERVATION OF THIS PROPERTY AS AGRICULTURAL. 3. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 4. THE PROPERTY IS OUTSIDE THE URBAN SERVICE AREA AND WILL NOT BE SERVICED BY MUNICIPAL SEWER AND WATER. AS PRESENTED IN EXHIBIT A. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.6. Request by Cargill for Conditional Use Permit. Public Hearing Case No. CU 01-17 .. Staff report by Scott Harlicker. Cargill requests a conditional use permit for an agricultural research facility. Mr. Harlicker noted that the conditional use permit includes the areas shown in white and yellow shown on Exhibit A. He reviewed the expansion requests by Cargill. Staff recommends approval of the request with the conditions listed in the staff report. Chuck Jensen of Cargill stated that the expansion request is based on their "best guess" of what may happen in the next 20 years. Mr. Harlicker stated that any added uses, additional square footage, or Cargill's desire to expand outside ofthe area in yello:-," and white on Exhibit A would require an amendment to their conditional use permIt. Commissioner Mesich questioned how the number of animal units will be enforced. Ms. McPherson stated that these are guidelines which Cargill is agreeing to follow and it becomes a trust issue that they will abide by them. She noted that if Cargill desired to increase the number of animal units significantly enough to require an expansion, a building permit would be required. . There being no further public comment, Chair Pederson closed the public hearing. . COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY CARGILL, INC. FOR A CONDITIONAL USE PERMIT FORAN AGRICULTURAL RESEARCH FACILITY, AS SHOWN IN WHITE AND YELLOW ON EXHIBIT A, WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes May 22, 2001 Page 15 . 1. A LANDSCAPE PLAN THAT COMPLIES WITH THE CITY'S LANDSCAPE ORDINANCE BE SUBMITTED. 2. ANY EXPANSION THAT IS CONSISTENT WITH THE EXPANSION REQUEST SUMMARY AND EXHIBIT A SHALL REQUIRE ADMINISTRATIVE SITE PLAN REVIEW. 3. ANY EXPANSION THAT IS NOT CONSISTENT WITH THE EXPANSION REQUEST SUMMARY OR EXHIBIT A SHALL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.9. Request by City of Elk River for an Ordinance Amendment Regarding Government Buildings and Facilities. Public Hearing - Case No. OA 01-06 . Staff report by Michele McPherson. The City of Elk River requests an ordinance amendment to add as a conditional use in the Business Park District, government buildings and facilities. She explained that by changing the definitions for government office and government buildings and facilities, the current Sherburne County Government Center became a nonconforming use. Approval of the proposed amendment would allow the County to expand its facility with Planning Commission and City Council approval. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. The Commissioners discussed the pros and cons of adopting the proposed ordinance. City Attorney Peter Beck stated that the Commission could chose to redefine the courthouse definition. Ms. McPherson stated that she has requested input from the County on this issue but she has not received any comments to date. Commissioner Baker asked if there were any other options. Mr. Beck stated that a new zoning district could be created but this would take some time. Ms. McPherson stated that a zoning district is needed to address institutional or public facilities. Discussion followed regarding whether to adopt the proposed ordinance or wait to process a new ordinance amendment. Ms. McPherson noted that if the Commission were to deny this amendment, they would need to provide findings for the denial. She eXplained that if the ordinance is not approved, the County would not be able to expand. Commissioner Schuster asked if the County would need a conditional use permit. Ms. McPherson stated that they would need to meet the same standards as any other conditional use permit, which requires Planning Commission and City Council approval. . It was the consensus of the Commissioners to recommend that the City Council direct staff to prepare and amendment to create a new zoning district for institutional uses and public facilities, when time permits. Planning Commission Minutes May 22, 2001 Page 16 . COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORD.INANCE AMENDMENT TO ADD GOVERNMENT BUILDINGS AND FACILITIES AS A CONDITIONAL USE IN THE BUSINESS PARK DISTRICT. COMMISSIONER PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Baker opposed. 6. Other Business 6.1. Update on 5/21/01 City Council Meeting Michele McPherson provided an update on the May 21,2001 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN THE MEETING. CHAIR PEDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at 10:20 p.m. Respectfully submitted, . /JMi ~ Debbie Huebner Recording Secretary .