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08-23-1994 PC MIN ~~N@WE~ . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, AUGUST 23,1994 Members Present: Chairman Tveite, Commissioners Eberley, Kreger, Kuester, and Minton Members Absent: Commissioner Tacheny Staff Present: Steven B. Ach, City Planner, Stephen Rohlf, Building & Zoning Administrator, Terry Maurer, City Engineer, Peter Beck, City Attorney, Gary Schmitz, Planning Assistant, Troy Langer. Planning Intern, Catherine Schmidt, Recording Secretary. Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 7 p.m. by Chairman Tveite. . COMMISSIONER MINTON MOVED TO APPROVE THE 8/23/94 PLANNING COMMISSION AGENDA. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Minton noted that Item 3, paragraph 2 should state: Commissioner Kreger "moved to approve" the 6/28/94 Planning Commission minutes. COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 7/26/94 PLANNING COMMISSION MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. ...............................................................----------..---......................"'."."""""."...",...........................",.......,...-........................... 4.... .....................PI6hhlhd..@6ffiffiissI6H..Rebresehf6ttve16AffehdCiW..cOUH6ilMeeHh6r........ It was indicated Commissioner Kreger would attend the 9/19/94 City Council meeting to be held at Elk River City Hall. . Staff report presented by Steve Rohlf. Shiely Company requested a conditional use permit for mineral excavation and processing on approximately 200 acres. The subject site is 1/4 mile west of Proctor Avenue, on the south side of County Road No. 33. Mr. Rohlf stated that staff is requesting the hours of operation remain as per City code and not be extended as Shiely Company is proposing. . Planning Commission Minutes ~~e 2 August 23, 1994 ------------ ~ V"f!JfllfffO) Bob Bieraugel, represenflng Shlely Company, addressed the Planning Commission U;/!; and the public regarding the proposal, reviewed various maps of the proposed mining area, and responded to concerns previously presented at meetings with area residents. Chairman Tveite opened the public hearing. Jim Lundquist, 21244 Vernon Street, expressed concern regarding an increase in noise from the proposal and asked staff the elevation of the railroad hiking trail. Further, Mr. Lundquist questioned staff regarding the length of the conditional use permit, if approved. Mr. Bieraugel responded regarding the railroad hiking trail, Chairman Tveite responded regarding the conditional use permit. Laura Ulman, 21498 Vernon Street, questioned staff if the proposed site would be for sale as a landfill after the mineral excavation. Chairman Tveite and Steve Rohlf responded. Ms. Ulman also questioned who would be maintaining County Road No. 33 in the winter. Mr. Rohlf responded. Jim Brandt, 12181 Ridgewood Drive, questioned the noise level on the south end of the proposed project. Mr. Bieraugel responded. . Brian Hauge, 21205 Vernon Street, commented on the poor condition of County Road No. 33 and questioned staff about future and continued upgrades if this proposal is approved. Steve Rohlf responded. Mr. Hauge also questioned if other trucks hauling to and from the proposed site would be regulated regarding noise levels. Peter Beck responded regarding trucks on public roads. Mr. Hauge iterated concerns regarding traffic safety. Maureen Griffiths, 20760 York Street, asked staff if Barton's Sand and Gravel had a current conditional use permit. Ms. Griffiths commented on the bad appearance of Barton's and stated that she hoped Shiely's would not look the same. Mr. Bieraugel responded and reviewed the proposed landscaping plan. Steve Rohlf also responded to the perceived "bad" appearance of Barton's. Ms. Griffiths also asked staff the possibility of this site being rezoned after the excavation is completed. Chairman Tveite responded. Jerry -' 426 Main Street, asked staff about water run-off away from Pintail Pond. Terry Maurer responded. Darrell Thompson, 20680 Watson Street, inquired about the necessary approvals from the Sherburne County Engineer regarding County Road No. 33. Mr. Thompson stated that before hauling is authorized, a plan to upgrade County Road No. 33 and a recommendation should be received. Steve Rohlf responded and referred to the letter from Sherburne County Highway Department dated August 23, 1994. Mr. Thompson also stated that the beginning hour of operation, 7 am, is very early. Regarding the issue of hauling the stockpiled sand this year, Mr. Thompson is very concerned about the safety of residents on County Road No. 33. Mr. Thompson is opposed to this request. . Mr. Bieraugel also responded and suggested a flag person be posted along County Road No. 33 and to help direct traffic during hours of operation. . Planning Commission Minutes Page 3 August 23. t994 ih ----~~~=~-n.--:::::12th Avenue. inquired about the conditional u~~1JJftJf!lJJ process, Le., if conditions are not met who can the residents contact, what l!!J actions are taken after notification/complaints, what is the time frame for the "complaint" process, can this permit be revoked, etc. Steve Rohlf responded. Mr. Whalen stated he is opposed to this proposal. Vicki Radloff, 12781 Watson Street, asked staff to clarify the conditional use permit process and further group meetings with Shiely Company. Commissioner Kreger responded. Peter Beck responded regarding a conditional use permit, a license, and revocation procedures. Charles Blood, 12263 Ridgewood Drive, questioned who would be monitoring wells during the excavation and asked about the tree line on the south of Shiely's property. Mr. Bieraugel responded. Mr. Rohlf commented that approximately fifty (50) acres of land is proposed to be donated by Shiely Company to the City. Mr. Blood also questioned staff that if a well problem did occur, who is responsible for costs incurred? Mr. Rohlf responded and referred to staff's report. John Kuester, 19234 York Street, thanked Shiely Company and staff for all the information received and knowledge gained from the neighborhood meetings. Mr. Kuester stated that he felt confident enough checks and balances were in place to ensure safety and consideration of area residents. . Rosalind Hoglund, 12846-206th Avenue, stated that she was also involved in the neighborhood meetings with Shiely Company and iterated Mr. Kuester's comments. Jim Lundquist, 21244 Vernon Street, asked Shiely Company if this would be a block plant or a cement plant, and if one was any quieter than the other. Mr. Bieraugel responded. Mr. Lundquist also wanted to know the estimated tax revenue for the City. Chairman Tveite responded stating the City Council hearing would be where information regarding the economics of this issue would be discussed. Mark Bay, 20779 York Street, asked staff if traffic associated with this proposal could be regulated/restricted. Mr. Rohlf responded. Mr. Bay also asked about future plans for the property north of County Road No. 33. Mr. Bieraugel responded. Steve Griffiths, 20760 York Street, asked the Commission about taxes generated from this use. Chairman Tveite responded. Jenny Dahmen, 12662 Ranch Road, questioned staff if County Road No. 33 could be widened. Mr. Rohlf responded. Tim Bykowski, 12767-210th Circle, iterated traffic and safety concerns on County Road No. 33. Mr. Bykowski also mentioned upgrading the railroad bed for trail purposes. Dave Anderson responded stating the Park & Recreation Board has applied for a grant to do so. . Planning Commission Minutes Page 4 August 23, 1994 . -----=:--~~= discussion included: traffic and safetv concer~'/J@Wf~ operation; tree preservation; how much gravel is currently stockpiled and approximately how many trucks will hauling involve; monitoring noise levels of the operation and independent trucks; well monitoring; upcoming Steering Committee meetings and their purpose; letter of credit; Condition # 11 (i) - add remedial actions must be taken within 30 days; Condition # 11 (g) - change B.A. Leisch & Associates to read City Consultant; Condition #23 (a) - add all appropriate documents copied to the City within one week; Condition #4 - change supervision to suspension; Condition # 1 0 - reclamation plans include plans for future screening at future mine sites; Condition # 18 (a) - note west and south property line regarding the noise level; current condition and future upgrading of County Road No. 33. Commissioner Eberley commended staff, Shiely Company, and all involved in this process for their efforts involving this proposal. Mr. Bieraugel commented about complaints and urged area residents to call him immediately if any problems occur. There being no further comments from the public, Chairman Tveite closed the public hearing. . COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY SHIEL Y COMPANY FOR MINERAL EXCAVATION AND PROCESSING, CASE NO. CU 94-31, CITING STAFF'S REPORT AND EXTENSIVE RESEARCH AND INFORMATION RECEIVED AT THE NEIGHBORHOOD MEETINGS AND THE PUBLIC HEARING AS FINDING OF FACT. A PUBLIC HEARING WAS HELD WITH SOME OPPOSITION. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. ALL MINERAL EXCAVATION AND PROCESSING OPERATIONS ON THE PROPERTY SHALL COMPLY WITH THE CITY'S MINERAL EXCAVATION, ZONING AND OTHER APPLICABLE ORDINANCES; WITH THE TERMS OF THIS CONDITIONAL USE PERMIT AGREEMENT AND THE LICENSE AGREEMENT TO BE EXECUTED BY THE CITY AND OPERATOR; WITH THE CITY OF ELK RIVER'S ENVIRONMENTAL IMPACT STATEMENT ON MINERAL EXCAVATION; AND WITH THE APPLICATION MATERIALS AND PLANS SUBMITTED BY THE OPERATOR, WHICH PLANS AND MATERIALS ARE THE BASIS FOR THE CITY'S APPROVAL OF THE CONDITIONAL USE PERMIT. 2. THE OPERATOR SHALL ORALLY NOTIFY THE CITY OF ANY VIOLATIONS OF THIS PERMIT WITHIN 24 HOURS AND FOLLOW THIS WITH NOTIFICATION IN WRITING WITHIN 4 WORKING DAYS OF THE VIOLATION. THE OPERATOR SHALL NOTIFY THE CITY ANNUALLY IN WRITING OF THE TOTAL AREA AND AMOUNT OF MATERIAL MINED AND PROJECTED ESTIMATES OF AREA AND AMOUNT OF MATERIAL TO BE MINED IN THE FOLLOWING YEAR. THIS IS TO BE DONE AT TIME OF LICENSE RENEWAL. 3. THE LICENSE MUST BE RENEWED ANNUALLY AND SHALL RUN FROM JANUARY 1ST THROUGH DECEMBER 31ST. THE ANNUAL LICENSE FEE IS THAT WHICH IS SPECIFIED BY CITY CODE AT TIME OF RENEWAL. THIS LICENSE FEE IS NOT IN . . Planning Commission Minutes Page 5 August 23. t994 ~/!1, -~~~-----=:~~::~=EL TAX COLLECTED BY THE COUNTY AND A po;,o'l(ffJflJlf/iiJ WHICH THE CITY RECEIVES. If;1J!J 4. VIOLATIONS OF THIS CONDITIONAL USE PERMIT MAY RESULT IN SUSPENSION OR REVOCATION. 5. THE CITY BUILDING AND ZONING ADMINISTRATOR AND/OR HIS/HER AGENTS SHALL BE PERMITTED TO INSPECT THE OPERATION FOR COMPLIANCE WITH THE CONDITIONS OF THIS PERMIT DURING NORMAL HOURS OF OPERATION. 6. THE CITY'S APPROVAL OF THIS CONDITIONAL USE PERMIT IS SUBJECT TO THE APPROVAL OF APPROPRIATE PERMITS BY OTHER GOVERNMENTAL AGENCIES. 7. NO EXPLOSIVES SHALL BE ALLOWED FOR THIS OPERATION. 8. THE ENTIRE ACTIVE AREA OF THE SITE SHALL BE FENCED WITH A 4 FOOT HIGH FENCE AND WARNING SIGNS WITH NOTICE OF THE INHERENT DANGERS OF THE OPERATION SHALL BE ERECTED EVERY 100 FEET. 9. ALL VEGETATION ON THE SUBJECT PROPERTY, OUTSIDE OF THE FENCED ACTIVE AREA, SHALL REMAIN IN ITS NATURAL STATE UNTIL MINING OPERATIONS ARE CONCLUDED ON THE ENTIRE PARCEL, WITH THE EXCEPTION OF DISEASE CONTROL. VEGETATION IN SUBSEQUENT PHASES SHALL ALSO REMAIN UNDISTURBED UNTIL THE PRECEDING PHASE IS CONCLUDED. . 10. RECLAMATION A. RECLAMATION SHALL BE IMPLEMENTED ON AN ANNUAL BASIS PURSUANT TO THE RECLAMATION PLANS SUBMITTED BY THE OPERATOR. B. EACH YEAR A PLAN FOR THAT YEARS RECLAMATION SHALL BE APPROVED BY THE BUILDING AND ZONING ADMINISTRATOR PRIOR TO ISSUANCE OF THE ANNUAL MINERAL EXCAVATION LICENSE. C. A $5,000 LETTER OF CREDIT, BOND OR OTHER DEPOSIT APPROVED BY STAFF SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF THE ANNUAL LICENSE TO COVER THE FORTH COMING YEARS RECLAMATION. D. THE ANNUAL RECLAMATION PLAN SHALL INCLUDE PLANTING AN AVERAGE OF 50 SEEDLING TREES PER ACRE. SOME AREAS MAY HAVE NO TREES AND STAFF MAY REQUIRE A GREATER THAN AVERAGE NUMBER ON OTHER AREAS, IF CONDITIONS WARRANT. E. RECLAMATION SHALL INCLUDE TOP SOIL FROM THE SITE BEING PRESERVED AND PUT BACK INTO PLACE AFTER MINING. F. THE VEGETATION ESTABLISHED FOR RECLAMATION MUST BE MAINTAINED UNTIL IT IS SELF SUFFICIENT. G. CONTOURS, FINISHED GRADES, DETAILS OF EROSION CONTROL METHODS, AND SETTLING PONDS, SHALL COMPLY WITH THE PLANS SUBMITTED AND THE CITY ORDINANCE AT THE TIME OF RECLAMATION. . Planning Commission Minutes August 23, 1994 Page 6 . ,,1 fffJ~{J l'lP'@J , "rb lUlj IT IS RECOMMENDED THAT SHIELY PLANT TREES NOW THAT WILL HE~~~fcRE/tJ,nWIl' FUTURE EXCAVATION SITES. H. 11. GROUND WATER PROTECTION MEASURES SHALL INCLUDE: A. EXTRACTION AND CRUSHING OPERATIONS SHALL BE MAINTAINED AT A MINIMUM OF 40 FEET ABOVE THE WATER TABLE. APPROVAL TO EXCAVATE DEEPER SHALL REQUIRE AN AMENDMENT TO THIS PERMIT. B. THE OPERATOR SHALL FILE WITH THE CITY AN EMERGENCY SPILL RESPONSE PLAN. THE OPERATOR SHALL ADHERE TO THIS PLAN IN THE EVENT THERE IS A SPILL. C. THE OPERATOR SHALL PROVIDE THE FIRE DEPARTMENT WITH A COPY OF THEIR HAZARDOUS MATERIALS LIST. D. FUEL TANKS SHALL BE ABOVE GROUND, PROPERLY DIKED AND PERMITTED BY MPCA, THE FIRE MARSHALL, AND THE CITY. E. ALL INSTANCES THAT HAVE THE POTENTIAL TO ADVERSELY AFFECT GROUND WATER, INCLUDING, BUT NOT LIMITED TO SPILLS, SHALL BE VERBALLY REPORTED TO THE CITY WITHIN 24 HOURS. THIS VERBAL NOTIFICATION SHALL BE FOLLOWED UP IN WRITING WITHIN 4 WORKING DAYS. . F. APPROPRIATE WATER APPROPRIATION PERMIT(S) FROM THE DEPARTMENT OF NATURAL RESOURCES MUST BE OBTAINED. G. GROUNDWATER MONITORING WELLS SHALL BE INSTALLED IN LOCATIONS AND DEPTHS AS RECOMMENDED BY CITY CONSULTANTS. WATER LEVEL MONITORING AND WATER QUALITY MONITORING SHALL BE CONDUCTED AS PER THE CONSULTANT'S RECOMMENDATIONS. A DESCRIPTION OF THE MONITORING SYSTEM SHALL BE SUBMITTED TO THE CITY FOR APPROVAL 14 DAYS PRIOR TO CONSTRUCTION. THE MONITORING SYSTEM SHALL BE COMPLETE PRIOR TO COMMENCING MINING ACTIVITIES. H. WATER USAGE BY MINING ACTIVITIES SHALL NOT ADVERSELY AFFECT ADJACENT RESIDENTIAL WELLS. MITIGATION MEASURES MAY INCLUDE BUT ARE NOT LIMITED TO CURTAILING OF PUMPING ACTIVITIES UNTIL WATER LEVELS RETURN. I. IF IT IS PROVEN BY THE CITY OR THE DNR, THAT THE MINING ACTIVITIES HAVE HAD A NEGATIVE AFFECT ON ADJACENT WELLS THAT WILL REQUIRE REMEDIAL ACTIONS, IT IS THE RESPONSIBILITY OF THE SHIEL Y COMPANY TO TAKE THE REMEDIAL ACTION NECESSARY TO CORRECT THE SITUATION WITHIN 30 DAYS AND PAY FOR BOTH THE REMEDIAL ACTION AND THE CITY'S COST FOR INVESTIGATION. J. ROUTINE VEHICLE MAINTENANCE SHALL BE PERFORMED IN A SHOP OR ON A CONCRETE SLAB. THE SHOP SHALL BE EQUIPPED WITH A FLAMMABLE WASTE TRAP. ALL FLOOR DRAINS IN THE SHOP WILL BE REQUIRED TO DRAIN TO HOLDING TANKS AND TREATED AT AN APPROPRIATE FACILITY, NOT A SEPTIC . Planning Commission Minutes August 23, 1994 . ------~~~~:~-~-~:ARDOUS WASTE LICENSE THROUGH MPCA WILL BE R~ R'fjl@!IIh~rJ;" ALL WASTE FLUIDS WILL BE CONTAINED, CLEANED UP, AND RECYCLED OrP~fjjjlJ/i ,h~! DISPOSED OF ACCORDING TO APPROPRIATE MPCA REGULATIONS. LEAKS 1.1. FROM EMERGENCY REPAIRS DOWN IN THE FIELD WILL BE CONSIDERED A SPILL. Page 7 K. SHIEL Y SHALL CONDUCT BACKGROUND WATER QUALITY TESTING PRIOR TO THE COMMENCEMENT OF MINING OPERATIONS (AS PER JOHN THE CITY CONSULTANT'S RECOMMENDATION). 12. WETLANDS A. THE WETLAND PROPOSED TO BE ELIMINATED BY MINING ACTIVITIES IN PHASE II (OR ANY WETLAND PROPOSED TO BE IMPACTED), MUST BE REVIEWED UNDER THE CRITERIA OF THE WETLAND CONSERVATION ACT, RECEIVE APPROVALS FROM ALL APPROPRIATE GOVERNMENTAL AGENCIES, AND BE MITIGATED AT A RATIO OF AT LEAST 2:1, PRIOR TO THE COMMENCEMENT OF MINING ACTIVITIES IN THAT PHASE. IF ALL APPROVALS NEEDED TO ELIMINATE THIS WETLAND CANNOT BE OBTAINED, THE WETLAND MUST BE AVOIDED. B. ALL STORM WATER ASSOCIATED WITH MINING ACTIVITIES MUST RECEIVE PRE- TREATMENT (WHERE NECESSARY) PRIOR TO RELEASE TO NATURAL WETLANDS OR OFF-SITE. . C. D. 13. A. B. C. D. E. F. . BEST MANAGEMENT PRACTICES WILL BE USED TO PROTECT NATURAL WETLANDS. MINING ACTIVITIES SHALL BE ADJUSTED AS NECESSARY TO AVOID NEGATIVE AFFECTS ON WETLANDS, INCLUDING A DECREASE IN WATER LEVELS. OAK WILT CONTROL NO TREES WILL BE CUT FROM APRIL 15TH THROUGH JULY 15TH. ALL STUMPS MUST BE REMOVED PRIOR TO APRIL 15TH THAT ARE WITHIN 100 FEET OF TREES NOT CUT. APPROPRIATE ACTIONS MUST BE TAKEN WHEN CUTTING TREES TO AVOID MECHANICAL DAMAGE TO TREES THAT ARE TO REMAIN. NO ROOTS FROM TREES THAT ARE TO REMAIN SHALL BE LEFT EXPOSED. APPROPRIATE MEASURES SHALL BE TAKEN TO AVOID BARK BEETLES FROM OVER WINTERING IN WOOD FROM TREES THAT ARE REMOVED. SHIEL Y'S WILL CONTROL OAK WILT ON THEIR ENTIRE SITE AS REQUIRED BY THE CITY AND COUNTY FORESTER. Planning Commission Minutes August 23, 1994 Page 8 14. DUST CONTROL . A. A PERMIT FROM MPCA REGARDING AIR EMISSIONS SHALL BE OBTAINED AND PARTICULATE EMISSION STANDARDS SHALL BE MET BY THE OPERATION. B. ALL EQUIPMENT SHALL BE LOCATED AS TO REDUCE DUST TO ADJACENT RESIDENTIAL PROPERTIES. C. WATER, BUT NO CHEMICAL AGENTS SHALL BE USED TO CONTROL DUST AS NECESSARY. D. THE CITY RESERVES THE RIGHT TO REQUIRE ADDITIONAL MEASURES BE TAKEN IF WARRANTED BY DUST PROBLEMS INCLUDING, BUT NOT LIMITED TO, REDUCING STOCK PILE HEIGHTS. E. THE FIRST 100 FEET OF THE ACCESS ROAD PRIOR TO COUNTY ROAD 33 SHALL ALSO BE PAVED TO MINIMIZE DUST. 15. TRAFFIC A. ALL TRAFFIC ASSOCIATED WITH THE OPERATION SHALL ONLY USE COUNTY ROAD 33 BACK AND FORTH TO U.S. HIGHWAY 169. EXCEPT FOR LOCALIZED JOBS, NO TRAFFIC FROM THIS OPERATION SHALL USE PROCTOR AVENUE OR COUNTY ROAD 33 TO THE WEST OF THE SITE. A MAP SHALL BE PREPARED BY CITY STAFF THAT DEFINES LOCALIZED JOBS. SHIEL Y SHALL POST NOTICE OF THESE REQUIREMENTS AT THE EXIT FROM THEIR SITE. FAILURE TO CONTROL TRAFFIC FROM THIS OPERATION SHALL CONSTITUTE A VIOLATION OF THIS PERMIT. . B. AN ACCELERATION AND BY-PASS LANE SHALL BE CONSTRUCTED AT SHIELY'S EXPENSE AND ON RIGHT-OF-WAY THEY DEDICATE TO SHERBURNE COUNTY AS PER THE SPECIFICATIONS OF THE SHERBURNE COUNTY ENGINEER, PRIOR TO HAULING ACTIVITIES COMMENCING. C. THE LOCATION OF THE ACCESS TO THE SITE SHALL BE DETERMINED BY THE SHERBURNE COUNTY ENGINEER. AN ACCESS PERMIT FROM SHERBURNE COUNTY MAY BE REQUIRED OF THE OPERATOR. D. THE OPERATOR SHALL REIMBURSE SHERBURNE COUNTY FOR ABNORMAL WEAR ON (DAMAGE CAUSED BY OTHER THAN TRAFFIC FLOW THAT THE ROAD WAS DESIGNED TO HANDLE) HAUL ROADS THAT IS CAUSED BY THE OPERATION. 16. THE BERM ALONG COUNTY ROAD 33 IDENTIFIED IN THE OPERATOR'S PLANS, SHALL BE CONSTRUCTED TO ACT AS A VISUAL SCREEN OF THE OPERATION. THIS BERM SHALL BE BUILT AND LANDSCAPED WITHIN THE FIRST YEAR OF THE MINES OPERATION ACCORDING TO A LANDSCAPED PLAN APPROVED BY STAFF. . 17. WASH WATER USED IN THE OPERATION SHALL BE RECYCLED IN A TWO POND SYSTEM ALLOWING FOR SEDIMENTATION. Planning Commission Minutes August 23, 1994 Page 9 18. NOISE A. NOISE FROM SCREENING AND CRUSHING ASSOCIATED WITH THIS OPERATION SHALL BE CONTROLLED BY LOCATION ON THE SITE, THE PLACEMENT OF STOCKPILES, TYPE OF EQUIPMENT AND ULTIMATELY BY PLACING THEM IN SOUNDPROOF BUILDINGS, IF NECESSARY AS DETERMINED BY STAFF. . B. MICROWAVE BACK-UP ALARMS OR EQUIVALENT ALTERNATIVE TECHNOLOGY SHALL BE USED AS DETERMINED NECESSARY BY STAFF. C. A TURNAROUND WILL BE PROVIDED WITHIN THE PIT SO THAT TRUCKS NOT EQUIPPED WITH MICROWAVE BACKUP ALARMS WILL NOT NEED TO BACK UP. D. FIFTY-FIVE (55) DECIBELS AT THE SITE'S WEST AND SOUTH PROPERTY LINES AND STATE STANDARDS AT THE OTHER PROPERTY LINES ARE THE NOISE LEVEL STANDARDS THAT SHALL BE ADHERED TO AT ALL TIMES BY THE OPERATOR. 19. HOURS OF OPERATION . ALL MINERAL EXCAVATION AND PROCESSING ACTIVITIES SHALL BE CONDUCTED BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., MONDAY THROUGH SATURDAY. INCREASED HOURS SHALL REQUIRE AN AMENDMENT TO THIS PERMIT AND CANNOT BE REQUESTED THE FIRST YEAR OF THIS PERMIT. 20. LIGHTING LIGHTING FROM THE OPERATION SHALL BE DIRECTED AWAY FROM PUBLIC RIGHT-OF-WAY AND NEARBY OR ADJACENT RESIDENTIAL PROPERTY. GLARE, WHETHER DIRECTED OR REFLECTED AS DIFFERENT FROM GENERAL ILLUMINATION, SHALL NOT BE VISIBLE FROM BEYOND THE LIMITS OF THE IMMEDIATE SITE. ALL SOURCES OF ARTIFICIAL LIGHTS SHALL BE SO FIXED, DIRECTED, DESIGNED, OR SIZED, THAT THE MINIMUM SUBTOTAL OF THEIR ILLUMINATION SHALL NOT INCREASE THE LEVEL OF THE ILLUMINATION ON ANY NEARBY RESIDENTIAL PROPERTY FOR MORE THAN .1 FOOT CANDLES IN OR WITHIN 25 FEET OF A DWELLING OR MORE THAN .5 FOOT CANDLES ON ANY PART OF THE PROPERTY. 21. THE PILING, STORING, OR KEEPING OF OLD MACHINERY, JUNK, DEBRIS, OR ABANDONED MOTOR VEHICLES, SHALL BE PROHIBITED ON THE SITE. 22. MINING ACTIVITIES SHALL NOT CAUSE EXCESSIVE VIBRATION OFF-SITE. 23. MECHANISM FOR RESPONDING TO COMPLAINTS A. REPRESENTATIVES OF THE SHIELY COMPANY SHALL MAKE THEMSELVES AVAILABLE TO ADDRESS COMPLAINTS. A PLAN TO DEAL WITH THE COMPLAINT SHALL BE DEVELOPED AND IMPLEMENTED. SHIEL Y WILL ALSO FOLLOW-UP WITH THE COMPLAINANT AND ALL APPROPRIATE DOCUMENTS COPIED TO THE CITY WITHIN ONE WEEK. . Planning Commission Minutes August 23, 1994 Page 10 . B. '(m U" " CITY STAFF WILL FACILITATE MEETINGS BETWEEN REPRESENTATIVES OF RIDGEWOOD AND GREENHEAD NEIGHBORHOODS AND SHIEL Y TO DISCUSS ISSUES ON 6/1/95, 8/1/95 AND 10/1/95. SHIELY WILL FACILITATE FUTURE MEETINGS AS NECESSARY, BUT THESE MEETINGS WILL BE HELD A MINIMUM OF TWICE A YEAR ON MARCH 1ST AND AUGUST 1ST. THE CITY WILL BE INVOLVED IN THESE FUTURE MEETINGS ONLY IF REQUESTED BY EITHER PARTY. 24. APPROVAL OF THIS PERMIT IS SUBJECT TO THE SITE BEING REZONED TO ME/MINERAL EXCAVATION OVERLAY DISTRICT. COMMISSIONER MINTON SECONDED THE MOTION. Commissioner Kreger commented that he disagreed with the condition regarding road improvements to County Road No. 33 must be done prior to any hauling being allowed. Commissioner Kreger stated that limiting the amount of truck traffic would be unnecessary if the City limited the volume that could be taken out of the pit this season. THE MOTION CARRIED 5-0. Commissioner Kreger stated he would abstain from discussion and voting on this issue due to a conflict of interest and removed himself from the table. . staff report presented by Steve Rohlf. The City is initiating a zone change to "Mineral Excavation Overlay District" on most parcels identified in the EIS on mineral excavation. Chairman Tveite opened the public hearing. Mike Niziolek, explained naturally significant lands and the proposed land dedication. Rolf Anderson, representing the Park and Recreation Board, informed the Planning Commission that the Park and Recreation Board recommended this land be accepted in lieu of some portion of Shiely's future park dedication fees. COMMISSIONER KREGER MOVED TO RECOMMEND THE CITY COUNCIL ACCEPT SHIEL Y'S OFFER OF LAND DEDICATION IN LIEU OF PARK DEDICATION FEES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Park and Recreation Board issues will be before the City Council on Monday, September 29, 1994. The zone change request will not be before the City Council until October 17, 1994. Bruce Pearson, 19874 Watson, stated that he gave Steve Rohlf a copy of a land trust document and suggested the City use this type of mechanism to acquire additional lands for the City. . Planning Commission Minutes August 23, 1994 . Commissioner Eberley commented on implementing a mechanism to identify and preserve areas such as those presented by Mr. Niziolek. Discussion ensued and the decision was that this was more of a Park and Recreation Board issue. Joel Ranallo, 11652-211 Avenue, requested clarification of the "ME" zoning designation. Steve Rohlf responded. Steve Griffiths, 20760 York Street, asked staff who initiated this request. Steve Rohlf responded. Darrell Thompson, 20608 Watson, requested clarification of the environmental approvals. Peter Beck responded clarifying zoning, overlay zoning, procedures to identify the mining area, the EA Wand EIS reviews. Maureen Griffiths, 20760 York Street, asked staff what area residents should expect regarding their property values being decreased/increased and what affect this would have on taxes or assessments. Steve Rohlf responded and suggested concerned residents contact Sherburne County Assessor's Office. There being no further comments from the public, Chairman Tveite closed the public hearing. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE ZONE CHANGE REQUEST BY THE CITY OF ELK RIVER FOR THE MINERAL EXCAVATION DISTRICT, PUBLIC HEARING, CASE NO. ZC 94-09, CITING STAFF'S MEMO AND SUPPORTING EVIDENCE FROM THE ENVIRONMENTAL IMPACT STATEMENT AS FINDING OF FACT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1, Commissioner Kreger abstained. The Planning Commission recessed at approximately 9:53 p.m. and reconvened at 10:00 p.m. 5,3... ........Col1sideFOvariaf1eeReguest..by..RiverviewSoortsrl'uHlicHedril1a(...Case..Nd,'V.~M#8> Staff report presented by Troy Langer. Mr. Lundquist, representing Riverview Sports, requested a variance from the City Code sign setback and sign size requirements. For the record, Mr. Langer noted that a smaller sign could be constructed without the need for a variance. . Mr. Lundquist, Riverview Sports, explained that he originally wanted to make improvements to his sign however, because the existing sign is a legal non- conforming sign, he realized that the proposed sign would require a variance. Further, due to the construction of the retaining wall along Highway 10 and the roadway elevation, Mr. Lundquist realized that in order for sign to be seen from Highway 10 he would have to erect a larger sign. After some discussion with staff, Mr. Lundquist realized he could make improvements to his existing sign or go through the variance process to construct a new sign. Mr. Lundquist feels that because of circumstances beyond his control (the retaining wall being built along Highway 10) and that fact that he wants to construct a safer sign (the current footings would not safely support a larger sign however, it could be constructed according to City Code) necessitate the need for this request. Mr. Lundquist took Planning Commission Minutes August 23, 1994 . a video of the existing sign, the retaining wall under construction, etc., and asked the Planning Commission to review this video. The video was played and Mr. Lundquist reviewed the aforementioned points. Chairman Tveite opened the public hearing. Steve Steward, 18290 Ogden Street, stated that due to the particular circumstances surrounding this request, he is in favor of the variance request. There being no further comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussion included: hardship due to retaining wall construction, roadway elevation, size of proposed sign, reduce wall signage and increase free standing wall signage. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUESTS BY RIVERVIEW SPORTS, PUBLIC HEARING, CASE NO. V 94-08, CITING STAFF'S MEMO AND INFORMATION GAINED AT THE PUBLIC HEARING AS FINDING OF FACT. THE ELEVATION BETWEEN HIGHWAY 10 AND THE SUBJECT SITE IS UNIQUE AND UNUSUAL WITHIN THE CITY AND THE SERVICE ROAD ONLY AGGRAVATES THE SITUATION. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITION: 1. THE APPLICANT BE LIMITED TO TWO HUNDRED, FIFTY (250) SQUARE FEET OF WALL SIGNAGE. . COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 3-2. Commissioner Minton opposed stating elevation of the retaining wall should not be a factor when considering this proposal. Commissioner Kuester stated she supports the sign size however, she opposed the setback and therefore, voted against the request. ........"..............."..................... """............ .... .. QM(j()l"lsj~~rRr~limll"lqt;l... gldf()l"l~9(2)I"1(jjti8l'l9Iqs~p~~~it~~g9~st~9'tEIkRiver. DeveI6omeritlnC.IPl..JblidHedtlnQ'G6selNb.f194410dnOCU9:4;30> Staff report presented by Steve Ach. Elk River Development requested preliminary plat and a conditional use permit to develop a commercial planned unit development. Mr. Ach presented revised plans to the Planning Commission. Terry Maurer presented his report to the Planning Commission. It is Mr. Maurer's opinion that an additional traffic analysis for the entire subject area be done. Mr. Maurer feels that there is not enough information provided to come to the conclusions stated in the traffic analysis by Benshoof and Associates, Inc. Bruce Peterson, Shopping Center Consultant, reviewed his plans as part owner of the proposed project. Dan O'Brien, Architect, reviewed the revised site plans. . Chairman Tveite opened the public hearing. Planning Commission Minutes August 23, 1994 . (if Ed Wortman, 18857 Dodge Street, commented that this project is larger than the original project proposed and stated that he is opposed to this request. Steve Stewart, 18290 Ogden, asked staff who bears the cost of improvements. Terry Maurer responded. Kerry -' 11378-89th Avenue, questioned if area residents would be assessed regarding future development. Chairman Tveite responded. Arlan Fuchs, 266 Elk Hills Drive, expressed concerns regarding increased traffic since traffic is currently overloaded in this area. Mr. Fuchs also stated that he would like to see the proposed hours of operation of the restaurant reduced or limited in the late evening. However, Mr. Fuchs stated he is not opposed to the proposed project. Rich Kreiser, 232 Elk Hills Drive, iterated concerns regarding traffic on Elk Hills Drive and Dodge. He is not opposed to the proposed project but requested additional information regarding a traffic study. There being no further comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussion included: service roads and traffic concerns, storm drainage fee, pond, proposed hours of operation, and sign requirements. . COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF PRELIMINARY PLAT BY ELK RIVER DEVELOPMENT, INC., CASE NO. P 94-10, CITING STAFF'S MEMO AND INFORMATION RECEIVED AT THE PUBLIC HEARING AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO FINAL PLAT APPROVAL. 2. TERRY MAURER'S MEMO DATED AUGUST 18, 1994, BE INCORPORATED AS PART OF THE APPROVAL FOR PRELIMINARY PLAT. 3. THE DEVELOPER PAY FAIR SHARE OF ROAD IMPROVEMENTS TO DODGE AVENUE AND ELK HILLS DRIVE BETWEEN DODGE AND HIGHWAY 169. 4. PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY CITY ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL. 5. AS PER ADOPTED POLICY, A STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE BE PAID PRIOR TO THE RELEASE OF FINAL PLAT FOR RECORDING. 6. DEVELOPER CONSTRUCT A SIX (6) FOOT WIDE CONCRETE SIDEWALK ALONG THE WEST SIDE OF DODGE AVENUE FROM THE INTERSECTION OF ELK HILLS DRIVE TO THE NORTHERLY LIMITS OF THE PROPOSED DEVELOPMENT. 7. NECESSARY ROAD IMPROVEMENTS TO DODGE AND ELK HILLS DRIVE BE COMPLETED PRIOR TO OCCUPANCY OF ANY BUILDINGS WITHIN THE PLANNED UNIT DEVELOPMENT. . Planning Commission Minutes August 23, 1994 Page 14 . 8. CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED AND REVIEWED BY THE CITY PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 9. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT ALLOWING PUBLIC UTILITIES TO BE INSTALLED TO SERVE THE PROPOSED DEVELOPMENT. 10. STREET LIGHTS BE INSTALLED AS REQUESTED BY ELK RIVER UTILITIES. THESE LIGHTS SHALL BE PAID FOR BY THE DEVELOPERS. 11. A FURTHER TRAFFIC STUDY BE INITIATED FOR THE AREA SURROUNDING THE PROJECT. 12. THE DESIGN FOR STREET MODIFICATIONS BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP A COMMERCIAL PLANNED UNIT DEVELOPMENT BY RIVERSIDE DEVELOPMENT, INC., PUBLIC HEARING, CASE NO. CU 94-30, CITING STAFF'S MEMO AND INFORMATION RECEIVED DURING THE PUBLIC HEARING AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. A PUD (PLANNED UNIT DEVELOPMENT) AGREEMENT BE PREPARED AND EXECUTED INCLUDING BUT NOT LIMITED TO THE FOLLOWING STANDARDS: A. A TOTAL OF 29,680 SQUARE FEET OF BUILDING AREA BE ALLOWED. B. ALLOWABLE USES INCLUDE THE PROPOSED USES SHOWN ON THE PLAN AND THOSE LISTED IN THE C2 ZONING DISTRICT. C. BUSINESS HOURS BE LIMITED TO 7 AM TO 10 PM, MONDAY THROUGH SUNDAY, SUBJECT TO REVISION AT THE TIME OF SITE PLAN REVIEW. D. ALL OTHER ELEMENTS SHOWN ON THE PROPOSED SITE PLAN BE INCLUDED AND MADE PART OF FUTURE APPROVALS. E. TERMS AND CONDITIONS FOR ADMINISTERING DEVELOPMENT OF THE PUD. 2. ALL FUTURE SITE PLAN PROPOSALS BE REVIEWED THROUGH THE CONDITIONAL USE PERMIT PROCESS. 3. ALL COMMENTS WITHIN THIS MEMO AND TERRY MAURER'S MEMO DATED AUGUST 18, 1994, BE INCORPORATED INTO THE DEVELOPMENT PLAN AND APPROVAL OF THIS CONDITIONAL USE PERMIT. 4. GUIDELINES FOR SIGNAGE FOR THE PLANNED UNIT DEVELOPMENT CONSIST OF: A. ONE MONUMENT STYLE SIGN IDENTIFYING THE DEVELOPMENT WITH A MAXIMUM HEIGHT OF TWENTY (20) FEET AND A WIDTH OF FIFTEEN (15) FEET. . Planning Commission Minutes August 23, 1994 B. . ONE MONUMENT STYLE SIGN IDENTIFYING THE RESTAURANT WITH A MAXIMUM HEIGHT OF TEN (10) FEET AND AREA OF ONE HUNDRED (100) SQUARE FEET. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS WITH A MAXIMUM LETTER HEIGHT OF THREE (3) FEET. 5. ACCESS POINTS OF THE DEVELOPMENT INCLUDE ONE AT 189TH AVENUE AND ONE SOUTH OF THE SOUTHERLY HOME ON THE EAST SIDE OF DODGE AVENUE AT A LOCATION APPROVED BY CITY STAFF BASED ON FINAL IMPROVEMENT PLANS FOR DODGE AVENUE. C. 6. ALL PARKING AREAS BE BOUNDED BY B612 CONCRETE CURB AND GUTTER. 7. EARTH BERMING BE MAXIMIZED ALONG THE EAST PORTION OF THE SITE TO BUFFER THE COMMERCIAL FROM THE RESIDENTIAL AREA. 8. THE LANDSCAPING PLAN INCLUDE A VARIETY OF LANDSCAPE MATERIAL WITH AN EMPHASIS OF CONIFERS ALONG THE EAST PORTION OF THE PROPERTY WITH A VARYING SIZE OF SIX TO EIGHT (6-8) FEET. ALSO, ADDITIONAL LANDSCAPING BE INCLUDED WITHIN THE LANDSCAPED AREA ALONG HIGHWAY 169. 9. A LANDSCAPING THEME BE ESTABLISHED AND INCORPORATED INTO THE DEVELOPMENT. . 10. THE EXISTING TREE AT THE SOUTH END OF THE SITE BE SAVED AND INCORPORATED INTO THE DEVELOPMENT. 11. UNDERGROUND IRRIGATION BE UTILIZED THROUGHOUT THE DEVELOPMENT. 12. PROPOSED BUILDINGS ESTABLISH ARCHITECTURAL CONTINUITY AND ENHANCED TO MEET INTENT OF THE PUD ZONING DISTRICT. 13. ALL DELIVERY AND SERVICE VEHICLES SHALL BE RESTRICTED TO USING THE SOUTHERLY DRIVEWAY TO THE DEVELOPMENT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Kreger stated he would abstain from discussion and voting on this request due to a conflict of interest. and removed himself from the table. Staff report presented by Gary Schmitz. Northern States Power (NSP) requested an amendment to their existing conditional use permit to construct a fifty (50) foot by eighty (80) foot metal skin building to store equipment and parts. Mr. Schmitz also stated that staff met with the applicant prior to the Planning Commission meeting and proposed to modify the recommendation to include a double row of coniferous trees. . Planning Commission Minutes August 23, 1994 Page 16 f''{i . {,,(;;, t,'~:_'~ Glen Kaas, Elk River Resource Recovery Facility, commented about the ext&Fi.Pl;!o~t. the building and requested staff remove condition #2 in staff's memo. DiscussioN &.j ensued. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussion included: variance, amendment to the existing conditional use permit, trees along the north property line, exterior of proposed building. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT TO CONSTRUCT A FIFTY (50) FOOT BY EIGHTY (80) FOOT METAL SKIN BUILDING BY NORTHERN STATES POWER, PUBLIC HEARING, CASE NO. CU 94-29, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. THE EXTERIOR OF THE ACCESSORY BUILDING BE PAINTED TO MATCH THE EXISTING FACILITY. 2. THE APPLICANT ADD A DOUBLE, STAGGERED ROW OF SIX (6) FOOT CONIFEROUS TREES ALONG THE NORTH PROPERTY LINE. . COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1, Commissioner Kreger abstained. ...-..------.--.--------.------.-.........-....-......................""""""""""""."....-..................................-,-.........-.---..--..-.... ,S.$ConsidefdMdddhdeReouesfbVCf'ldrlieCotl1l:)s,p061iCHeannd'CdseNo.Y'94410 Staff report presented by Troy Langer. Charlie Combs requested a twenty (20) foot variance from the City Code setback requirements for a septic system from shore land boundary. Mr. Combs addressed the Planning Commission and reviewed his request for a variance. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY CHARLIE COMBS, PUBLIC HEARING, CASE NO. V 94-10, CITING STAFF'S MEMO AND INFORMATION GAINED REGARDING THE WATER PROBLEM ON THE NORTH END OF THE LOT AS FINDING OF FACT. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Staff report presented by Gary Schmitz. Jake Jacobson requested an ordinance amendment exempting Lot 4, Block 4, Oak Meadows from the interim subdivision moratorium ordinance for parcels less than ten (10) acres in size for the eastern area of the City. Planning Commission Minutes August 23, 1994 Page 17 CHAIRMAN MINTON MOVED TO CONTINUE THE REGULARLY SCHEDULED MEETING OF THE ELK RIVER PLANNING COMMISSION TO AUGUST 24, 1994. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Mrs. Jacobson addressed the Planning Commission and reviewed her request. Chairman Tveite opened the public hearing. Steve Stewart, 18290 Ogden Street, asked staff where the closest trunk line is located to service this area. Steve Ach responded. There being no further comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussed the request and the possibility of setting a precedent leading to other similar requests in the future. Peter Beck commented. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT REQUEST EXEMPTING LOT 4, BLOCK 4, OAK MEADOWS FROM THE INTERIM SUBDIVISION MORATORIUM ORDINANCE FOR THE EASTERN AREA OF THE CITY BY JAKE JACOBSON, PUBLIC HEARING, CASE NO. OA 94-3, CITING STAFF'S MEMO AS FINDING OF FACT. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Staff report presented by Steve Ach. Request to rezone approximately 150 acres from PUD (Planned Unit Development) and C2 (Office District) to BP (Business Park) . Chairman Tveite opened the public hearing. Steve Steward, 18290 Ogden Street, stated he was opposed to this request. Stewart Wilson, 17975 Troy Street, stated he was in favor of the rezoning request, however, he asked staff to clarify why the zone designation of PUD (Planned Unit Development) was not extended straight west from the currently zoned C2 (Office District) designation. Mr. Wilson suggested staff reconsider adjusting the zoning designation line. Steve Ach responded. Discussion including the Planning Commission ensued. Steve Ach presented a letter from Carol Mills, Guardian Angels, stating that Guardian Angels was in favor of the proposed rezoning. There being no further comments from the public, Chairman Tveite closed the public hearing. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST TO REZONE APPROXIMATELY 150 ACRES FROM PUD (PLANNED UNIT DEVELOPMENT) Planning Commission Minutes August 23, 1994 . AND C2 (OFFICE DISTRICT) TO BP (BUSINESS PARK) BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. ZC 94-10, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITION: 1. THE SOUTHERLY PROPERTY LINE BE AMENDED MAKING THE AREA MORE FEASIBLE FOR DEVELOPMENT, LEAVING THE LOWER PORTION OF THE PUD (PLANNED UNIT DEVELOPMENT) AS R1 C (SINGLE FAMILY RESIDENTIAL). COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER EBERLEY MOVED TO RECOMMEND THE CITY COUNCIL WAIVE THE APPLICATION FEES FOR A LAND USE AMENDMENT AND ZONE CHANGE REQUEST FOR THIS LOWER PORTION OF THE PUD (PLANNED UNIT DEVELOPMENT) DESIGNATION. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN THE MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at approximately 12:40 a.m. . Respectfully submitted, (J'I /djIJ00_~ )/1. IJ{~m ,PJ Catherine M. Schmidt Recording Secretary .