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02-25-1992 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY FEBRUARY 25, 1992 Members Present: Chairman Nadeau, Commissioners Spotts, Eberley, Minton, Tveite, Johnson and VanValkenburg Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Peter Beck, City Attorney; and John Lichter, Environmental Consultant 1. Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. 2. Consider 2/25/92 Planning Commission Agenda Item 3.a Item 12.3 - Planning Commission Workshop Minutes (2/18/92) - Commissioner Minton's discussion regarding his 2/24/92 Planning Commission memo - Basic Education Discussion by Commissioner Johnson Item 12.4 COMMISSIONER MINTON MOVED TO APPROVED THE 2/25/92 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3. Consider 1/18/92 Planning Commission Minutes COMMISSIONER JOHNSON MOVED TO APPROVED THE 1/18/92 PLANNING COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 3.a Consider 2/18/92 Workshop Minutes COMMISSIONER MINTON MOVED TO APPROVE THE 2/18/92 WORKSHOP MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend the 3/16/92 City Council Meeting It was indicated that Commissioner Eberley would attend the 3/16/92 City Council Meeting. 5. Consider Zone Change to Mineral Excavation Overlay District By Barton sand and Grave/P.H. 6. Consider Conditional Use Permit/Mineral Excavation By Barton Sand and Gravel/P.H. Steve Rohlf, Building & Zoning Administrator, explained that Barton Sand and Gravel, a division of Tiller Corporation is requesting a zone change to ME/Mineral Excavation Overlay District. He stated that the property is currently zoned R-la/Single Family Residential with an . . . Planning Commission Minutes 2/25/92 Page 2 underlying land use of LR/Low Density. Barton Sand and Gravel is also requesting a conditional use permit for mineral excavation. The City Council will also be considering a license for this operation. The zone change request was discussed along with the conditional use permit request. Mr. Rohlf submitted a letter from the Minnesota Pollution Control Agency (MPCA) in which they stated that they have looked at the request and feel that the project does not warrant an Environmental Impact Statement. The MPCA letter was made part of the public record. He also stated that staff received a verbal response from the Historical Society stating that there were no known archeological sites on the property. The DNR indicated there were no threatened or endangered species in the area. Mr. Rohlf further stated that he had contact with three citizens prior to the meeting in which they stated their concerns regarding screening, routing of the trucks, and the use of explosives. Mr. Rohlf stated that explosives would not be allowed for this mining operation. Gary Sauer, President of the Tiller Corporation introduced himself and his staff at this time. Mr. Sauer gave a brief overview of their site. Mr. Sauer stated that they have voluntarily submitted an EAW to identify environmental issues per staff's request. Bruce Malkersen, attorney representing Barton's Sand that the company has reviewed staff's report conditions and Barton's had no objections to them. and Gravel, stated with the proposed Commissioner Minton questioned the existing antenna tower on the south side. Mr. Sauer stated that the antenna tower was being leased on a month by month basis. They have informed the people that are leasing the tower that the tower will have to be removed. Chairman Nadeau opened the public hearing for both the zone change and conditional use permit request at this time. Dan Scheibel, 20092 Norfolk, stated that if he had known that was going to remain active, they would not have built on their because of the noise and dust. Mr. Scheibel stated that he was the City that the permit would only be renewed for three years. the pit property told by Mr. Rohlf stated that this pit used to be under County jurisdiction and that the County issued permits in 3 year increments. He didn't believe it was ever the intention of the City or County to limit mining activities until the entire site was mined. Dick Peterson, Vice President of Operations for Bartons, commented on the agreement with the developers of Brentwood Addition. Mr. Peterson felt that there was never any discussion that the pit was going to be fully mined within a 3 year period. He stated that Barton's traded some land to the developer (Dennis Anderson) during the development of that property. . . . Planning Commission Minutes 2/25/92 Page 3 Mr. Sauer also felt that the developer was fully aware of their operation and that it was not a short term operation. David Raymond, 13686 Riverview Drive, questioned what was going to be done with the land once it was fully mined. Mr. Rohlf addressed the reclamation proposal as stated in his memo. Staff is recommending that the reclamation be done annually instead of waiting for the entire mining operation to be completed. However, much of this particular site would not be reclaimed for the life of the pit because it will be in active areas for stockpiling or on slopes that can not be final sloped until adjacent property developes. Commissioner Eberley was concerned with the number of trees to be planted on the site along with the slopes. Mr. Rohlf addressed her concern stating that the reclamation would take place annually which would include planting trees and establishing vegetation for erosion control. He further stated that the planting of trees and vegetation, etc. would have to be subject to the overall plan of gravel mining in the City. Mr. Sauer indicated that Barton's have been planting trees for the past five years on their properties. Chairman Nadeau closed the public hearing. COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A ZONE CHANGE FROM R-IA/SINGLE FAMILY RESIDENTIAL WITH THE UNDERLYING LAND USE OF LR/LOW DENSITY RESIDENTIAL TO ME/MINERAL EXCAVATION BASED ON THE FINDING THAT THE MINING USE IS CONSISTENT WITH THE GROWTH MANAGEMENT PLAN AND THE CITY'S COMPREHENSIVE PLAN. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY BARTON SAND AND GRAVEL, A DIVISION OF TILLER CORPORATION FOR A CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION. A PUBLIC HEARING WAS HELD ON THE MATTER AND THERE WERE CONCERNS FROM THE CITIZENS REGARDING THE LAND USE. ALSO, CITING STAFF'S MEMO DATED 2/20/92 REGARDING THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT ALONG THE FOLLOWING STIPULATIONS: 1. THAT SUFFICIENT BARRICADES OR BERMS TO PREVENT A VEHICLE FROM GOING OUT OF THE RIGHT-OF-WAY ARE PLACED ALONG THE ROADWAYS ADJACENT TO THE MINING AREAS. FURTHER, THAT THESE BERMED AREAS ARE ACCOMPANIED BY FENCES AND WARNING SIGNS TO ALERT AND PREVENT PEDESTRIANS AND OFF-ROAD VEHICLES FROM ENTERING THE MINING AREA FROM THE ROADWAYS. ALSO, SOME SORT OF WARNING TO ALERT PEOPLE OF THE MINE SHOULD BE INSTALLED ON BOUNDARIES THAT ARE NOT ADJACENT TO ROADWAYS. LASTLY, THAT THE VISUAL AFFECT OF THESE BARRICADES OR BERMED AREAS ARE INTERRUPTED BY THE PLANTING OF TREES. 2. THAT THE 5 FT. SETBACK PROPOSED FROM THE WESTERN RIGHT-OF-WAY OF PROCTOR AVENUE IS INCREASED OR THE COUNTY ENGINEERING DEPARTMENT'S APPROVAL IS GAINED BY THE PETITIONER FOR THE PLACEMENT OF THE BERM PARTIALLY WITHIN THE RIGHT-OF-WAY. . . . Planning Commission Minutes 2/25/92 Page 4 3. THAT MPCA NOISE STANDARDS BE ADHERED TO AT ALL TIMES DURING THE OPERATION OF THIS PIT. FURTHER, THAT THE LOCATION OF STOCKPILES AND CRUSHING EQUIPMENT IS IDENTIFIED TO REDUCE THE NOISE LEVELS TO ADJACENT RESIDENTIAL PROPERTIES. 4. THAT NO EXPLOSIVES BE ALLOWED FOR THIS MINING OPERATION. 5. THAT A PERMIT FROM MPCA REGARDING AIR EMISSIONS IS OBTAINED AND THAT PARTICULATE EMISSION STANDARDS APPLY TO THIS OPERATION. FURTHER, THAT EQUIPMENT IS LOCATED PROPERLY TO REDUCE DUST TO ADJACENT RESIDENTIAL PROPERTIES. LASTLY, THAT WATER AND CHEMICAL AGENTS ARE USED TO CONTROL DUST, IF NECESSARY. 6. THAT BARTON SAND AND GRAVEL HAVE A CONTINGENCY ACTION PLAN FOR SPILLS THAT IS APPROVED BY THE BUILDING AND ZONING ADMINISTRATOR. 7. THAT GRAVEL HAULING FROM THE MINE SOUTH ON PROCTOR AVENUE OR WEST ON COUNTY ROAD 33 IS PROHIBITED WITH THE EXCEPTION OF JOBS IN THE IMMEDIATE VICINITY OF THESE ROADWAYS. 8. THAT SLOPES DURING OPERATION AND AFTER RECLAMATION COMPLY WITH THE CITY CODES. 9. THAT APPROVAL RESULTS OF THE THIS AREA. REQUIRED TO BE OF THIS CONDITIONAL USE OVERALL COMPREHENSIVE PLAN THE RECLAMATION PLAN FOR ADJUSTED IF NECESSARY TO FIT PERMIT IS SUBJECT TO THE FOR GRAVEL MINING IN THIS OPERATION WILL BE THE COMPREHENSIVE PLAN. 10. THAT TOP SOILS BE STOCKPILED FOR REPLACEMENT AFTER RECLAMATION AND SEEDED TEMPORARILY TO ESTABLISH VEGETATION TO PREVENT EROSION IF NECESSARY. FURTHER, THAT VEGETATION BE ESTABLISHED BY WHATEVER MEANS NECESSARY BY THE APPLICANT, AND THAT THIS VEGETATION IS TENDED TO UNTIL IT IS SELF SUSTAINING. LASTLY, THAT TREES ARE MADE PART OF THE RECLAMATION PLAN AND THAT ESPECIALLY ON SLOPES THAT THE LOCATION OF THE TREES IS DETERMINED BY STAFF. 11. THAT RECLAMATION TAKE PLACE ANNUALLY. FURTHER, THAT A PLAN FOR THE YEAR'S RECLAMATION IS APPROVED BY THE BUILDING AND ZONING ADMINISTRATOR PRIOR TO ISSUANCE OF THE ANNUAL MINERAL EXCAVATION LICENSE. LASTLY, THAT A LETTER OF CREDIT IS REQUIRED PRIOR TO THE ISSUANCE OF THE ANNUAL LICENSE IN AN AMOUNT SUFFICIENT TO COVER THE FORTHCOMING YEAR'S RECLAMATION. 12. UNLESS SPECIFICALLY ADDRESSED IN PRIOR CONDITIONS, THAT ALL OTHER APPLICABLE REQUIREMENTS FOUND IN THE CITY CODE OF ORDINANCES APPLY. 13. THAT THE CITY'S APPROVAL OF THIS CONDITIONAL USE PERMIT IS SUBJECT TO APPROVAL OF APPROPRIATE PERMITS BY OTHER GOVERNMENTAL AGENCIES. COMMISSIONER TVEITE SECONDED THE MOTION. The motion was amended to include: 14. THAT AT THE TIME CONSIDERATION THE LICENSE RENEWAL, THE CITY TAKE INTO OF THE BERM TO THE EAST OF PROCTOR: THAT OF THE ISSUE . . . Planning Commission Minutes 2/25/92 Page 5 IT IS SUFFICIENT TO PREVENT A VEHICLE FROM GOING OUT OF THE RIGHT-OF-WAY AREA AND LOW ENOUGH TO MAINTAIN THE VISTA IN THE AREA. THE MOTION IS AMENEDED, CARRIED 7-0. 7. Consider Conditional Use Permit By Larry Burton to Construct a Metal-Skinned Accessory Structure/P.H. Janelle Szklarski, Zoning Assistant, stated that requesting a conditional use permit to construct accessory structure in excess of 1,000 square feet. would be used to store Mr. Burton's tractor and trailer. Larry Burton is a nonagricultural The structure Chairman Nadeau opened the public hearing. Mr. Burton stated that he is requesting the conditional use permit to replace the structure that was destroyed by fire. There being no further comments by the public, Chairman Nadeau closed the public hearing. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY LARRY BURTON TO CONSTRUCT A NONAGRICULTURAL ACCESSORY STRUCTURE APPROXIMATELY 2,375 SQ. FT. IN SIZE CITING THE SEVEN STANDARDS ALONG WITH THE THREE STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED 2/11/92. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 8. Consider Conditional Use Permit By Elk River Municipal Utilities/P.H. Janelle Szklarski, Zoning Assistant, stated that the Elk River Municipal Utilities is requesting a conditional use permit to construct a new building which would house the well and filtration plant at the intersection of Highway 10 and Main Street (the old City Hall site). Staff is recommending approval of the request as they feel it is consistent with the seven standards for a conditional use permit. Chairman Nadeau opened the public hearing. Bob McCartney showed pictures of a building in Anoka which is similar to the current proposal. David Raymond, 13686 Riverview, questioned the landscaping of the property and what the plans were for the existing structure. Mr. McCartney stated that they would like to remove the existing structure. Janelle Szklarski, Zoning Assistant stated that the City will be doing the landscaping this spring, but is requesting that the utilities contribute to that effort. Chairman Nadeau closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT BY ELK RIVER MUNICIPAL UTILITIES TO CONSTRUCT A NEW BUILDING TO HOUSE THE WELL AND FILTRATION PLANT BASED ON THE SEVEN STANDARDS ALONG . . . Planning Commission Minutes 2/25/92 Page 6 WITH THE THREE STIPULATIONS AS OUTLINED IN STAFF'S MEMO DATED 2/13/92. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 7-0. A short recess was taken at this time. 9. Ordinance Amendment/Section 900.08/Titled "Definitions" (Junkyard) By the City of Elk River/P.H. Steven Rohlf, Building and Zoning Administrator, explained that currently the City allows two junk vehicles before it is considered a junkyard. The City is proposing to amend the ordinance so that the keeping of more than one junk vehicle would be considered a junkyard. Staff is also proposing to add language that would include unlicensed cars as junk vehicles. Mr. Rohlf suggested eliminating the language in the ordinance which referred to the time period of 3 months because it would give people an opportunity to work around the ordinance (built in loop hole) and would delay enforcement efforts by staff. Chairman Nadeau opened the public hearing. David Raymond agreed that the time period limit should be eliminated from the ordinance as this leaves a loop hole which can be abused. Chairman Nadeau indicated that he could see no problem with larger lots such as 2-1/2 acre parcels being allowed to have two junk vehicles instead of one. Mr. Rohlf felt that most of the existing junk violations were on larger lots. Commissioner Tveite felt that more than one junk vehicle would affect adjacent property values on either smaller or larger lots. Bill Dickenson, 19101 Jackson Avenue, suggested the City allow more than two junk vehicles if they were screened from view. Staff felt that this would be encouraging junk yards and opening up a can of worms in residential areas. David Raymond agreed with Mr. Dickenson on the screening of more than two junk vehicles for those people who need more than one junk vehicle in order to work on another. Chairman Nadeau closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE TO AMEND SECTION 900.08 TITLED, "DEFINITIONS" DELETING THE WORDS "FOR A PERIOD IN EXCESS OF THREE (3) MONTHS)" IN THE DRAFT ORDINANCE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 10. Ordinance Amendment/Section 908 "Regulation of Animals" By the City of Elk River/P.H. 11. Ordinance Amendment/Section 900.12 "Permitted, Accessory Conditional Uses by District" by the City of Elk River/P.H. and . . . Planning Commission Minutes 2/25/92 Page 7 Janelle Szklarski, Zoning Assistant, introduced this item by explaining that staff has proposed two ordinance amendments which would regulate the keeping of animals within the City of Elk River. Ms. Szklarski briefly reviewed the draft ordinance which differentiates between four types of animals: domestic, agricultural, dangerous, and nontraditional or exotic animals. Chairman Nadeau opened the public hearing. The following issues were raised and discussed at the meeting. Concern was expressed regarding animals which are dangerous animals as to whether they should dangerous animal. cross-bred with be considered a Concern was expressed regarding animals that have attacked or bitten a person when unprovoked as to whether it should be added to the list of dangerous animals. There was discussion regarding the 2-1/2 acre minimum parcel size for permitted uses. Ms. Szklarski, stated that she had reviewed the conditional use permits for the last ten years. The average size of parcel which has requested a conditional use permit has been around 5 acres. Commissioner Minton felt that the City needed to keep smaller parcels as conditional uses so that the type of animal could be controlled. Concern was discussed regarding the sheltering of agricultural animals. Commissioner Tveite suggested that the shelter be appropriately sized to accommodate the specific animal in a humane manner. The question was raised if monkeys should be considered an exotic or a dangerous animal. Commissioner spotts was opposed to monkeys being considered an exotic animal as he felt mature monkeys were vicious creatures and should not be kept as pets. Ms. Szklarski, stated that monkeys are also used by the handicapped and therefore should not be classified as a dangerous animal. As an exotic animal they would be treated as a conditional use. Chairman Nadeau closed the public hearing. COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENTS TO SECTION 908 TITLED, "REGULATION OF ANIMALS", AND SECTION 900.12 TITLED, "PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT" WITH THE FOLLOWING CHANGES TO SECTION 908: 1. SECTION 908.04(2)(c) DANGEROUS ANIMALS SHALL ALSO INCLUDE ANY ANIMAL THAT HAS ATTACKED OR BITTEN A PERSON WHEN SAID ATTACK OR BITE WAS UNPROVOKED 2. SECTION 908.04(2)(c) DOMESTIC ANIMALS WHICH ARE CROSS BRED WITH DANGEROUS ANIMALS SHOULD BE ADDED TO THE LIST OF DANGEROUS ANIMALS. . . . Planning Commission Minutes 2/25/92 Page 8 3. SECTION 908.06(1) THAT AGRICULTURAL ANIMALS BE A PERMITTED USE ON PARCELS WHICH ARE UNPLATTED AND AT LEAST 5 ACRES IN SIZE. 4. SECTION 908.06(1)(b) THAT ALL AGRICULTURAL ANIMALS BE PROVIDED A SHELTER UNDER ROOF APPROPRIATELY SIZED TO ACCOMMODATE THE SPECIFIC ANIMAL IN A HUMANE MANNER. FURTHER THAT SECTION 900.12 BE AMENDED TO REFLECT THE 5 ACRE MINIMUM PARCEL SIZE FOR PERMITTED USES AND ALSO TO REFLECT THE CONDITIONAL USE STATUS OF AGRICULTURAL USES ON PLATTED PROPERTY WITHIN THE A-1 AND R-1A ZONING DISTRICTS. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-1. COMMISSIONER SPOTTS WAS OPPOSED AS HE FELT THAT THE MINIMUM PARCEL SIZE FOR PERMITTED AGRICULTURAL USES SHOULD BE REDUCED TO 2.5 ACRES. Commissioner VanValkenburg left the meeting at this time. 12. Discussion 12.1 Feasibility Study (Highway 169 and Jackson Ave.) Steve Rohlf, B & Z Administrator, briefly reviewed the Feasibility Study for Highway 169 and Jackson Avenue. Mr. Rohlf indicated that certain property owners within the study area are interested in developing. The feasibility study is a comprehensive approach to planning the extension of services for this area. Staff is asking the Planning Commission for their comments regarding this study in regards to planning issues. It was the general consensus of the Planning Commission that they would like to see more study done and rationale given for why 193rd Avenue should not become a collector street. Commissioner Tveite left the meeting at this time. 12.2 Building and zoning Annual Report Steve Rohlf asked the Planning Commission to review the Building and Zoning's 1992 Annual Report for their comments and questions. 12.3 Discussion regarding the 1992 annual work plan. Commissioner Minton discussed their annual work plan for 1992. 12.4 Basic Training Seminar Discussion Commissioner Johnson stated that the May 19th Workshop meeting would include a concept of the City's tax base present by Ty Bischoff. She stated that she was once again asked to participate in the upper Midwest Regional Conference to be held in the fall. Commissioner Eberley updated the Commission on the Minnesota Planning Association Meeting to be held on April 22, 1992 at the St. Cloud Radisson Hotel. She stated one of the topics of discussion would be the "Planning Commissioners' Training Manual" created by Rita Johnson. She stated that the "Planning Commissioners' Training Manual" is being purchased Planning Commission Minutes 2/25/92 Page 9 ~ by the Minnesota Planning Association and will be available for distribution on a state wide level. Congratulations to Rita Johnson. 13. Other Business There was no additional business discussed at this time. 14. Adjournment There being no further business, COMMISSIONER JOHNSON MOVED THE MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. CARRIED 5-0. TO ADJOURN THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 11:00 p.m. Respectfully submitted, S},aiW m~ Sharon Maue Recording secretary . :.