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09-27-1994 PC MIN . . . J:JN41.. MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, SEPTEMBER 27, 1994 Members Present: Chairman Tveite, Commissioners Kreger, Kuester, Minton, Tacheny, and Thompson. Members Absent: Commissioner Eberley staff Present: steven B. Ach, City Planner, Steve Rohlf, B&Z Administrator, Gary Schmitz, Planning Assistant, Troy Langer, Planning Intern, Catherine Schmidt, Recording Secretary. :mn:::::::::::::::::::::eamMe.e.tMgM\B.Rjlide.r::::::::::t::: ............................... ............................... .............................. ............................... .............................. ....................... . ................. ............................................... . ................................................ ..................... . '::::::;::::::::::::;:;:;::;=;=;:;:;:;:;:;:;=;=;=;=;=;:::::::::::::;:;:::;:;: ....... :~:}~:~:~:~:~:t::::::}~:~:~:~:}~:~rr:~rr:~:~:}~:}~:~:~:~:~:j:~:~:} . . . . . . . . . . . . . . ... ....................... ............................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 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. ...........-..-................................................................................. ...................................-.-............. 2~'::m:?HJPgtl~i9fi.fJ?ltionf:h9/$qtt\OO/;~!dhiAg$mq9IH??'::::?:: .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................... ..................................................... .................................................... ..................................................... ......................"""",.....,............ ......................................... ....... ........................................ .................................................... .. . .. ..................................... .................................................. .................................................. ................... ............................................................................... Commissioner Kuester added discussion regarding an update for visiting Planning Commission meetings in neighboring communities. Commissioner Minton added discussion regarding the visit to the Shiely Company. COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 9/27/94 PLANNING COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. :gn::::::::::::::::,::::Gqh~\~~F:elaQ01:0~i:Gqwoot~~\Q.oH;Ajtiuf.i~ .................. ................. ................... .................. ................... .................. ................. .................. ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. ................. .......... ........ ...................... . ..................... ..................... .................-.-.-. ..............-.-.-.-.-.-... ..... ......................... ......................... ......................... ......................... ..................... .......................... ...................,. ........................... ........................... ........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... ....-.-.-.-......................-.-.. COMMISSIONER KREGER MOVED TO APPROVE THE 8/23/94 PLANNING COMMISSION MINUTES. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. \4.{(((( ... Pladnirno Commission Reorese.rntdlMi~:::ro.Affend ciNNZounoii,}iAesidtr......:::::. . It was indicated Chairman Tveite would attend the 10/3/94 and 10/17/94 City Council meetings to be held at Elk River City Hall. :5.H?::::??::N:i~~s.j~~W::@:::::::@t;M~j:f:jt;M~I:~~::m~~~1f::::::~~9.~~s.:(:::::~y:::~ifs.:f:\:m:~~fi~~~i:::::::~~M~;:m:::~@.~li$.:: . .......... :Heann~J:Jdas.e:N&.JeO'}I4.43.$.:::::::::::::::::::::::\:::::::::::::::::::::??m::':::/::::::::::::,,;,:;,;,:;,:,;,,;;,;,;,/;;;;;;;::::::::::::::?:::::;::;:;:;:::;:;::;::::;:;::::;:;:;:; :;::::::::::::::::::}::::;:: Commissioner Kreger indicated that he currently does business with First National Bank, therefore, he would abstain from discussion and voting on this request. Planning Commission Minutes September 27,1994 Page 2 . Staff report presented by Steve Ach. First National Bank of Elk River is requesting a conditional use permit for site plan review for the development of a bank facility in Elk Park Center PUD. Duane Kropuenske, First National Bank, addressed the Planning Commission regarding this request. Mr. Kropuenske questioned staff's condition #3 and stated the bank preferred not to design the exit only drive too narrow. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Planning Commission included: the exit drive and two lanes with proper signage; landscaping. Commissioner Kuester stated that although she also does business with First National Bank there is no conflict of interest due to the fact that she does not have any current loans, etc. with the bank at this time. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR SITE PLAN REVIEW BY FIRST NATIONAL BANK OF ELK RIVER, PUBLIC HEARING, CASE NO. CU 94-33, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS MENTIONED IN THIS MEMO BE INCORPORATED INTO THE REVISED PLANS AND SUBMITTED FOR FINAL REVIEW PRIOR TO ISSUANCE OF BUILDING PERMIT. . 2. TERRY MAURER'S COMMENTS OUTLINED IN A MEMO DATED SEPTEMBER 22, 1994, BE INCLUDED IN THE REVISED PLANS. 3. THE "EXIT ONLY" DRIVE MAY BE DESIGNED WITH 2 TURN LANES TO OPERATE WITH LEFT AND RIGHT TURNING MOVEMENTS. HOWEVER, IF IN THE FUTURE INTERNAL STACKING PROBLEMS OR TURNING MOVEMENTS OCCUR, THE DRIVE WILL NEED TO BE RECONSTRUCTED TO ALLOW RIGHT TURNS ONLY. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. $,~g.b.8nSlaeFac8.n8ltl8.nal:o.sg:j\MrmtH:RedMiisEbvjthi@:RiaIs:W.Mllj8.mB.aHl~;f~Rilibild: ::::::':::HeannikCBiMNc#lJJ@iji;,i32::::::::::::::::::r'::/:::::::::~:~::::::~:::~::~::::::::::~:~:r:::::::::::::::::::::::::::::::::::;:;:;:;H::::::::::::::::::::::::::::::~~:::::::::~~::::;::.::::: ::::::::::::::::~::::::::: Commissioner Kreger stated that due to a conflict of interest, he would abstain from discussion and voting on this request. Staff report presented by Steve Rohlf. The Plaisted Companies requested a conditional use permit for mineral excavation and processing on a 272 acre site. The proposed excavation site was part of the Environmental Impact Statement on mineral excavation and was included in the Mineral Excavation Overlay zoning district. . John Plaisted, Plaisted Companies, addressed the Planning Commission and requested the Planning Commission remove condition 10 (c), regarding the Planning Commission Minutes September 27, 1994 Page 3 . $5,000 letter of credit. Mr. Plaisted stated he felt the condition was unnecessary and reflected poorly against his credit at the bank. Also, condition 10 (d): Mr. Plaisted stated there was no "top soil" however, the soil removed from the site would be replaced and top soil would be brought in for reclamation. Steve Rohlf responded to Mr. Plaisted's requests stating the letter of credit was merely an enforcement tool to ensure reclamation. Mr. Rohlf also stated that there is no "top soil" however, vegetation must be established and maintained for reclamation and top soil will need to be brought in. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Kuester stated that since mining process reviews are somewhat new to the Planning Commission, she used the recent Shiely Co. request as a "standard" from which to review future excavation requests. Commissioner Kuester suggested the Planning Commission and staff review the conditions attached to this request and attempt to establish consistency for future mining excavation requests. Planning Commission discussion included: hours of operation; noise standards; condition regarding using Highway 169 hauling to and from the site, not County Road 33; sign restricting road use; MPCA permits; ground water contamination and protection; sedimentation pond and future run-off with reclamation; 3: 1 slopes versus 4: 1 slopes; fencing around the operation versus signage. . COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY THE PLAISTED COMPANIES FOR MINERAL EXCAVATION AND PROCESSING, PUBLIC HEARING, CASE NO. CU 94-32, CITING STAFF'S MEMO AND INFORMATION GAINED AT THE PUBLIC HEARING AS FINDING OF FACT. 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 LIEU OF GRAVEL TAX COLLECTED BY THE COUNTY AND A PORTION OF WHICH THE CITY RECEIVES. Planning Commission Minutes September 27,1994 Page 4 . 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. WARNING SIGNS WITH NOTICE OF THE INHERENT DANGERS OF THE OPERATION SHALL BE ERECTED EVERY 100 FEET. 9. THAT THE WOODED AREA NOTED AS PHASE IV IS THE LAST ARE EXAMINED AND THAT ALL VEGETATION IN THIS PHASE REMAIN IN ITS NATURAL STATE (EXCEPT FOR DEAD OR DISEASED TREES) UNTIL THIS PHASE IS ACTIVE, WITH THE EXCEPTION OF THE EASTERN MOST 100 FEET. 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. RECLAMATION SHALL INCLUDE TOPSOIL FROM THE SITE BEING PRESERVED AND PUT BACK INTO PLACE AFTER MINING. E. THE VEGETATION ESTABLISHED FOR RECLAMATION MUST BE MAINTAINED UNTIL IT IS SELF SUFFICIENT. F. CONTOURS, FINISHED GRADES, DETAILS OF EROSION CONTROL METHODS, AND SETTLING PONDS, SHALL SUBSTANTIALLY COMPLY WITH THE PLANS SUBMITTED AND THE CITY ORDINANCE AT THE TIME OF RECLAMATION. FURTHER REVISIONS TO THESE PLANS MAY BE APPROVED BY STAFF TO ACCOMMODATE LOWERING OF COUNTY ROAD 77 (PROCTOR STREET AND 213TH AVENUE) IN THE FUTURE. . G. THAT EXCAVATION STEEPER THAN A 1:1 SLOPE ADJACENT TO THE SETBACKS OF THE MINING OPERATION IS PROHIBITED. FURTHER, THESE AREAS MUST BE BROUGHT BACK TO A 3:1 SLOPE AND STABILIZED BY OCTOBER 15TH OF THE SAME YEAR AS THEY ARE DISTURBED. Planning Commission Minutes September 27, 1994 Page 5 . GROUND WATER PROTECTION MEASURES SHALL INCLUDE: 11. A. EXTRACTION AND CRUSHING OPERATIONS SHALL BE MAINTAINED AT A MINIMUM OF 10 FEET ABOVE THE WATER TABLE, EXCLUDING THE ASSOCIATED SEDIMENTATION POND. 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 AND PROPERLY DIKED. 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. WATER USAGE BY MINING ACTIVITIES SHALL NOT ADVERSELY AFFECT ADJACENT WELLS. MITIGATION MEASURES MAY INCLUDE, BUT ARE NOT LIMITED TO, CURTAILING OF PUMPING ACTIVITIES UNTIL WATER LEVELS RETURN. G. 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 PLAISTED COMPANIES 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. H. ROUTINE VEHICLE MAINTENANCE SHALL BE PERFORMED IN A SHOP OR ON A CONCRETE SLAB. ALL WASTE FLUIDS WILL BE CONTAINED, CLEANED UP, AND RECYCLED OR DISPOSED OF ACCORDING TO APPROPRIATE MPCA REGULATIONS. LEAKS FROM EMERGENCY REPAIRS DOWN IN THE FIELD WILL BE CONSIDERED A SPILL. I. THE CITY SHALL HAVE THE RIGHT TO CONDUCT WATER QUALITY AND WATER QUANTITY TESTING FROM WELLS ON THE SUBJECT PROPERTY. 12. WETLANDS . A. IF WETLANDS ARE DISCOVERED ON SITE, THEIR ELIMINATION MUST BE REVIEWED UNDER THE CRITERIA OF THE WETLAND CONSERVATION ACT, RECEIVE APPROVALS FROM ALL APPROPRIATE GOVERNMENTAL AGENCIES, AND BE MITIGATED PRIOR TO THEIR ELIMINATION. IF ALL APPROVALS NEEDED TO ELIMINATE A WETLAND CANNOT BE OBTAINED, THE WETLAND MUST BE AVOIDED. Planning Commission Minutes September 27, 1994 Page 6 . 13. OAKWILT CONTROL A. NO TREES SHALL BE CUT FROM APRIL 15TH THROUGH JULY 15TH. B. ALL STUMPS MUST BE REMOVED PRIOR TO APRIL 15TH THAT ARE WITHIN 100 FEET OF TREES NOT CUT. C. APPROPRIATE ACTIONS MUST BE TAKEN WHEN CUnlNG TREES TO AVOID MECHANICAL DAMAGE TO TREES THAT ARE TO REMAIN. D. NO ROOTS FROM TREES THAT ARE TO REMAIN SHALL BE LEFT EXPOSED. E. APPROPRIATE MEASURES SHALL BE TAKEN TO AVOID BARK BEETLES FROM OVER WINTERING IN WOOD FROM TREES THAT ARE REMOVED. 14. DUST CONTROL A. ALL EQUIPMENT SHALL BE LOCATED AS TO REDUCE DUST TO ADJACENT RESIDENTIAL PROPERTIES. B. WATER, BUT NO CHEMICAL AGENTS SHALL BE USED TO CONTROL DUST AS NECESSARY. . C. 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. 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. B. THE OPERATOR SHALL REIMBURSE SHERBURNE COUNTY FOR ABNORMAL WEAR (DAMAGE CAUSED BY OTHER THAN TRAFFIC FLOW THAT THE ROAD WAS DESIGNED TO HANDLE) ON HAUL ROADS THAT IS CAUSED BY THE OPERATION. 16. NOISE NOISE LEVELS FROM THIS OPERATION SHALL ADHERE TO STATE NOISE LEVEL STANDARDS AT ALL TIMES. NECESSARY MEASURES TO COMPLY WITH THESE STANDARDS WILL BE DETERMINED BY STAFF. 17. HOURS OF OPERATION . ALL MINERAL EXCAVATION AND PROCESSING ACTIVITIES SHALL NORMALLY BE CONDUCTED BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., MONDAY THROUGH SATURDAY. ON OCCASION, INCREASED HOURS BETWEEN 5:00 A.M. AND 12:00 MIDNIGHT WILL BE ALLOWED, Planning Commission Minutes September 27,1994 Page 7 . HOWEVER, IF THESE HOURS CREATE PROBLEMS FOR ADJACENT PROPERTY OWNERS, STAFF MAY REQUIRE ADJUSTMENTS TO THE OPERATION. IF PROBLEMS STill PERSIST, REVIEW OF THIS PERMIT Will BE TRIGGERED BACK TO THE PLANNING COMMISSION AND CITY COUNCil. 18. 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. 19. THE PILING, STORING, OR KEEPING OF OLD MACHINERY, JUNK, DEBRIS, OR ABANDONED MOTOR VEHICLES, SHAll BE PROHIBITED ON THE SITE. 20. MINING ACTIVITIES SHAll NOT CAUSE EXCESSIVE VIBRATION OFF-SITE. . COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 5-0-1. Commissioner Minton stated that he appreciated the efforts and research Commissioner Kuester did regarding mineral excavation requests and trying to identify some consistency for future requests. :5J3.:: !:::coBiltde.H&?ii8ri&BciiPkeguesFBi\j::W&QReJAHaello}#jj@BmiiJ;le8Hfig):]s.8se(MoUW: n :: :::::::::~jlf:t:::::::::::::::::::::::::::.;.;;:::;:::::::::::::::::::::::::::(:::::::: :::::::::::f::%::::::::::::::::::::::::::::::::::::::n ::::::::::::::::::::::::::::::r:::::::::::::::::::: :::::::\(t:::::t:: n.....:..:::::::::::::::::::::::::::::::::::::::::::::: Staff report presented by Gary Schmitz. Wayne Anderson requested a lakeshore setback variance for a proposed deck from the ordinary high water mark of a natural environment lake. The request will also involve a variance legitimizing the existing home and septic system, which were constructed within the required shoreland setback in 1990. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussion included: screened porch and deck; septic system; monitoring septic systems; the applicant's comments regarding the DNR concerns. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE lAKESHORE SETBACK VARIANCE AND THE SEPTIC SYSTEM VARIANCE REQUEST BY WAYNE ANDERSON, PUBLIC HEARING, CASE NO. V 94-11, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED BASED ON THE FOllOWING FINDINGS: . Planning Commission Minutes Page 8 September 27, 1994 . 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY NOT ALLOWING THE APPLICANT TO CONSTRUCT A DECK IN A REASONABLE LOCATION ON THE PARCEL. 2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION BUT DUE TO THE PLATTING OF THE PROPERTY PRIOR TO THE SHORELAND ORDINANCE. 3. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED. 4. ONLY ONE OF THE ENCLOSED STRUCTURES BE ALLOWED TO LIMIT THE VISUAL IMPACTS FROM PINTAIL POND. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6- o. 5]if&:5MJ:::::]jo.niljaeli/GBmgrehenSl:v~M:mancttuse::pjaH::t:Ame.name.nt;:t]tetBHlng~/%i:iMj: .............. ...ilil:I~I~rllllll.J.~II~il~lr~I'~II;tj!!!!I;;fl!illl~~~~~!!!]~!;I.illl~III!~:!:I'~~.i:~~i:! . Staff reports presented by Steve Ach. Riverside Development requested a comprehensive land use plan amendment changing the land use from MR (Medium Density Residential) to HB (Highway Business), rezoning from R1c (Single Family Residential) and PUD (Planned Unit Development) to C3 (Highway Commercial), and a request to plat approximately seventeen (17) acres into one commercial lot and two outlots. Jeff Gongoll, Riverside Development addressed the Planning Commission regarding the three (3) requests. Chairman Tveite opened the public hearing for the land use plan amendment request and the rezoning request. There being no comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussion included: zoning; plat boundaries; ridge; easement. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE PLAN AMENDMENT REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC HEARING, CASE NO. LUA 94-7, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. EXTENDING THE COMMERCIAL LAND USE ALONG HIGHWAY 169 FURTHER SOUTH TO INCLUDE THE REMAINING UPLAND AREA IS A LOGICAL EXTENSION. 2. THE LAND USE PLAN AMENDMENT WILL NOT HAVE A DETRIMENTAL AFFECT ON SURROUNDING PROPERTIES. . Planning Commission Minutes September 27, 1994 Page 9 . 3. CONDITIONS HAVE CHANGED WITH RESPECT TO SEWER AND WATER EXTENSIONS, COMMERCIAL DEVELOPMENT ACTIVITY, AND THE PLATTING OF PROPERTY AROUND THIS AREA TO WARRANT A CHANGE IN THE LAND USE. 4. THE LAND USE PLAN AMENDMENT WILL BE CONSISTENT WITH THE CURRENT ZONING DESIGNATION OF C3 (HIGHWAY COMMERCIAL). 5. LAND USE PLAN AMENDMENT REQUEST BE CONTINGENT UPON APPROVAL OF THE PRELIMINARY PLAT COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5- 1, Commissioner Kreger voted against the request. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE ZONE CHANGE REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC HEARING, CASE NO. ZC 94-11, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: 1. THE REZONING WILL BE CONSISTENT WITH THE AMENDED COMPREHENSIVE LAND USE PLAN. 2. THE REZONING WILL NOT HAVE A DETRIMENTAL IMPACT ON THE HEALTH, SAFETY, OR WELFARE OF THE SURROUNDING PROPERTIES. . 3. REZONING IS A LOGICAL EXTENSION OF THE COMMERCIAL AREA GIVEN THE PHYSICAL AND NATURAL SURROUNDING FEATURES. 4. REZONING TO C3 (HIGHWAY COMMERCIAL) IS CONSISTENT WITH THE ZONING DESIGNATION IMMEDIATELY TO THE NORTH AND WOULD BE A MINOR EXTENSION. 5. REZONING REQUEST IS CONTINGENT UPON PRELIMINARY PLAT APPROVAL. 6. THE CURRENT EASEMENT BE MAINTAINED AND NOT VACATED UNTIL THE PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED PLANS FOR THE PLAT. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Chairman Tveite opened the public hearing regarding the preliminary plat request. There being no comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussion included: sign at the location; private road (Evans); natural plat boundaries. . COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC HEARING, CASE NO. P 94-11, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes September 27,1994 Page 10 . 1. THE PLANNING COMMISSION AND CITY COUNCIL APPROVE THE LAND USE PLAN AMENDMENT AND REZONING REQUEST ADJUSTING THE COMMERCIAL BOUNDARY IN A SOUTHEASTERLY DIRECTION TO COINCIDE WITH THE PROPOSED PLAT. 2. OUTLOT A BE DEEDED TO THE CITY UPON FILING THE PLAT WITH SHERBURNE COUNTY. 3. PAYMENT OF PARK DEDICATION IN THE AMOUNT AS REQUIRED BY CITY ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL. 4. NO GRADING IS TO OCCUR WITHIN THE WOODED AREA OF OUTLOT B, UNLESS DIRECTLY ASSOCIATED WITH THE DEVELOPMENT OF LOT 1, BLOCK 1, HILLSIDE CROSSING SOUTH, UNLESS MODIFIED BY THE PARK AND RECREATION COMMISSION. 5. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT AS REQUESTED BY ELK RIVER UTILITIES. 6. THE PLAT BE CORRECTED TO ELIMINATE THE NAME EVANS STREET AND REDUCE THE DRAINAGE AND UTILITY EASEMENTS FROM SIXTY (60) TO FIFTY (50) FEET IN WIDTH. 7. AT THE TIME OF REPLATTlNG OUTLOT B, A CONCEPT PLAN ILLUSTRATING THE LOCATION OF OFFICE BUILDINGS SHALL BE SUBMlnED AND USED TO DETERMINE THE APPROPRIATE AREA OF THE NATURAL BUFFER TO BE PROTECTED. A CONSERVATION EASEMENT OR OTHER INSTRUMENT SHOULD THEN BE APPLIED TO ASSURE PROTECTION OF THIS AREA. . 8. A CROSS ACCESS/CROSS PARKING AGREEMENT BE PREPARED AND EXECUTED PROVIDING ACCESS TO LOT 1, BLOCK 1, AND OTHER PORTIONS OF THE PLATTED AREA. 9. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 22, 1994, BE INCORPORATED INTO THE FINAL PLAT. 10. DEVELOPERS SHALL IMPLEMENT IMMEDIATELY TREE PROTECTION MEASURES FOR THOSE AREAS THAT WERE DISTURBED WITH EARLIER GRADING OF THE SITE. 11. APPROPRIATE STREET LIGHTING SHALL BE PROVIDED ALONG THE ACCESS DRIVE TO LOT 1, BLOCK 1. 12. IF IT IS DETERMINED THAT A DEVELOPERS AGREEMENT NEEDS TO BE PREPARED, THIS DOCUMENT SHALL BE SIGNED AND RECORDED ALONG WITH THE PLAT. 13. STORM DRAINAGE FEE IN THE AMOUNT OF $600 BE PAID PRIOR TO RECORDING THE FINAL PLAT. . 14. WATER AVAILABILITY CHARGE OF $300 BE PAID PRIOR TO RECORDING THE FINAL PLAT. Planning Commission Minutes September 27,1994 Page 11 . 15. PRIOR TO CONNECTING LOT 1, BLOCK 1 TO CITY SEWER AND WATER, THE APPLICANT OBTAIN A PERMIT FROM MPCA. 16. RETAIN THE DRAINAGE AND UTILITY EASEMENT TO MAINTAIN THE RIDGE. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report presented by Troy Langer. Consider a request by the City of Elk River to amend Section 900.30 of the Elk River City code related to regulations on screening, landscaping, lighting, storage, and outdoor displays. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Kreger stated he would like to table this request for further review, however, he would be happy to discuss some of the proposed changes with staff at this meeting. Staff decided input from the Planning Commission at this time would be very helpful. . Planning Commission discussion included: screening regarding double- frontage lots; 3: 1 slopes versus 4: 1 slopes; in ground and underground irrigation; credit for existing trees; enforcement; clear cutting of woodland areas. Commissioner Kuester requested staff consider giving the Planning Commission more time to review this type (or other major types) of amendment. One suggestion was the Planning Commission could review major amendments at their workshops; another suggestion was staff would give the Planning Commission a copy of the proposed amendments one month prior to the public hearing meeting. COMMISSIONER KREGER MOVED TO TABLE THIS ITEM TO THE OCTOBER 25, 1994, PLANNING COMMISSION MEETING TO ALLOW TIME FOR FURTHER REVIEW. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5] ............ @8.nslae.r(Jin::OfaIH8ntMt:::::AmendmenP(tii(JilrieiMiiJ:?v.atloos::::::secil6.MF(BfdIMi' ::Jf:l8o.aQlalnMiWaManBefSe.ctl6.r:i:9.02Fpllib.llCtHeonna~]tlose:::NofJDA&i*i::::::::::::::::::::::( ..... .... . Staff report presented by Gary Schmitz. The City of Elk River requested to amend various sections of the Floodplain Management Ordinance. Chairman Tveite opened the public hearing. . Earl Hohlen, 39 Main Street, Elk River, reminded the Planning Commission that whenever the Commission is discussing something of this nature, the public did not have a copy of the ordinance and therefore, did not know what changes were being proposed and made it difficult to receive public opinion. Mr. Planning Commission Minutes September 27,1994 Page 12 . Hohlen suggested copies of these types of ordinances (memos, etc.) be provided at the public hearings. There being no further comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE VARIOUS AMENDMENTS TO THE FLOODPLAIN MANAGEMENT ORDINANCE, SECTION 902, PUBLIC HEARING, CASE NO. OA 94-06, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED AS PER THE ATTACHED ORDINANCE NO. 94- _ COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. :t#r::::::QI~(]30i.ihe~~t::::@Qaflll:::itncitlgM:Q(dMqhq~::: ...... .. :-:.;.:.;.;.:.;.: .............. .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................................-.-.-.-.-.-. Planning Commission discussed the ordinance and Peter Beck's detailed memo of his interpretation of the ordinance. COMMISSIONER KREGER MOVED THAT THE PLANNING COMMISSION EXPRESSED PREFERENCE FOR OPTION 1. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. . Commissioner Kuester reviewed the list from the Annual Meeting and asked for updates from the other Commissioners. The list was reviewed for Commissioner Thompson. .......-...............................................................................................................--.. :m~:::::::::::Ql1eilB.mln@s.~#mg\FQQofeiienBe,::::::::::::::::::::::::::::::::::::::::::::::::::::::::{: ........................ ........................ ........................ . ........................ ......................... ........................ ......................... ........................ ......................... .......................... ............................ .. ............... ....-.. .......................-..-.. ............................ ............................. .................. .... .............. .. .............. ............ .................................. ................................. .............................. .. ............................. .................... ......... ................................. ......... ..........................................-.-.-.-.-.-.-.-.-.... Commissioner Kuester reminded the Commission that is has been tradition for the Elk River Planning Commission to spearhead this Conference however, she felt extending an invitation this fall to anyone interested in assisting might be helpful. Chairman Tveite suggested contacting people at the State Conference. ........................--........._.............................................................. liMj))::::Qm:~r::~g~l.n~~~%$.b.I.~!~i@.gmpqDY::&t~m:::: .. ....................... . . . . . . . . . . . . . . . . . . . . . . . . ........................ ........................ ........................ ........................ ........................ ...................... .................... .......................................... ......................................... .......................................... ......................................... .......................................... ........................................ ................................... ..................... .................... ..................... .................. ..................... .................. .. ............................................ .............................................-.-.-.-.-.-.-.-.-.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................................... . ........ ........... Commissioner Minton commented on his recently received invitation for a tour and cruise. Commissioner Minton viewed the tour as appropriate however, the invitation to the cruise he felt was inappropriate. Planning Commission discussed their views. Steve Ach suggested he review this with City Attorney Peter Beck and asked for his opinion. The Planning Commission agreed. . Planning Commission Minutes September 27, 1994 Page 13 . There being no further business, COMMISSIONER KREGER MOVED TO ADJOURN THE MEETING. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting of the Elk River Planning Commission adjourned at approximately 9:45 p.m. Respectfully submitted, (__~~4~P;~2~ Catherine M. Schmidt Recording Secretary . .