5.1. PCSR 11-13-2007/i
City of
Elk -~-~
River
City of Elk River Item Number
REQUEST FOR PLANNING COMMISSION 5.1.
ACTION
Agenda Section Meeting Date Prepared by
Plannin Items November 13, 2007 Rebecca Hau ,Environmental Admin
Item Description Reviewed by
Request by Tiller Corp fox Overlay Rezoning to Mineral Jeremy Barnhart, Planning Manager
Excavation, Public Hearin -Case No. ZC 07-05
Location
West Proctor Road, north of Ridgewood First addition and north of the 199`h Avenue alignment
Introduction
The applicant is requesting a zone change to the subject property in order to allow for the removal of an
existing deposit of sand and gravel and process it into construction aggregate.
Attachments
• Location Map
Conditional Use Permit approved on August 20, 2007 with the rezone as a condition
Action Requested
Move to approve the ME (Mineral Excavation) overlay zone to the subject property.
Planning Commission Action Ivtorion by second by voce
Follow Up
Case File: ZC 07-05
Page 2
Loeatlon: West Proctor Road, north of Ridgewood First addition and north of the 199`h
Avenue alignment
Zoning: R1(a) Land Use: Mining
Adjacent N - ME Adjacent N -Mining
Zoning: E - R1(a) Land Use: E -Single Family
S - R1(a) S -Open Space
W - ME W -Mining
Site Area: The approximate northern half of 36.6 acres - 19.53 acres
60 Day Rule: Action must be taken on this request by November 21, 2007
Overview
The City Council granted a Conditional Use Permit (CU 07-22) to permit mining on the subject
property in August, 2007; included in the conditions was the requirement to rezone the property.
This rezoning action is considered a housekeeping measure, to be consistent with both the recently
approved Conditional Use permit and the land use plan.
Applicable Regulations
Ke~onang
In revielving a proposed amendment, consideration shall be given to existing conditions within the area directly and
indirectly affected by the proposal, the conservation of property values, the use to avhich the property affected is being
devoted at the time, and relevant provisions, if any, in the land use plan.
Analysis
The property is currently zoned R-1(a), and the request is to introduce the ME overlay zone to the
subject property. A conditional Use permit was granted, and an Environment Assessment
Worksheet was completed. As noted above, this zone change is a housekeeping measure to ensure
compatibility with recently approved land use actions.
Comprehensive Plan
The 2004 Comprehensive Land Use Plan designates the property in the Amendment as Mining and
the property immediately to the south as Open Space. The amendment is consistent and compatible
with the Comprehensive Plan and Map.
Transportation
The rezoning of this property will not cause an increase to the amount of traffic on Proctor Rd
which abuts the property to the east not anticipated as part of the EAW or the Conditional Use
C:\Users\dhuebner\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK87E4\ZC 07-OS_PC.doc
Case File: 'LC 07-05
Page 3
Permit. The trucks entering this facility will use existing entrances and be directed through the CUP
and license to have all truck traffic utilize CSAH #33 and 221" Ave east to Highway 169.
Recommendation
Staff supports a Planning Commission recommendation of aaproval
C:\Users\dhuebner\AppData\Loca1\Microsoft\Windows\Temporary Internet Files\OLK87E4\ZC 07-OS_PC.doc
ORDINANCE 07-XX
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTIONS 30-
1581, 30-1582, and 30-1583 OF THE ELK RIVER CITY CODE RELATING TO
THE INTERIM USES, MINIMUM LOT REQUIREMENTS, AND ACCESSORY
STRUCTURE SETBACKS IN THE CRT -COMMERCIAL RESERVE
TRANSISTIONAL ZONING DISTRICT.
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30 -1583 (d) of the Elk River City Code regulating interim
uses in the CRT Zoning District, shall be amended to read as follows:
(d). Interim Uses. Interim C~ses shall be permitted for no more than5 years or when the property is
platted, which ever occurs first. The City may require a escrow to ensure the conditions of die
Interim use are adhered to.
(1.) Roadside sales stands
(2.) Wind generators
(3.) Cooperative gardening in preserved open space
(4.) Gravel mining
(5.) Asphalt and concrete plant.
(6.) Other uses existing as of the date of this ordinance.
(7.) Commercial recreations facilities;
(8.) Veterinary clinics commercial kennels;
(9.) Conditional Home Occupation;
(10.) Business and professional offices with a r~3ir~itn~-maximum Bross floor area of 10,000
square feet;
(11.) Horticulture and floriculture uses in preserved open space;
(12.) Private stables in preserved open space;
(13.) Wayside stands in preserved open space.
(14.) Outdoor Storage, provided accessory to a permitted, conditional or interim use.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this day of
2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\planning\case files\oa\oa 07-13 to amendment\ordinance -commercial reserve transitional
amended.doc
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City of
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1~1VeY' Case Number: ZC 07-05 TILLER CORP
City Council Minutes
August 20, 2007
Page 5
117 FOR THE 193 AVENUE TRANSPORTATION CORRIDOR AND
ADOPTING APPROVED APPRAISALS OF VALUE. MOTION CARRIED 5-0.
6.4. Request by Tiller Corporation for Conditional Use Permit for Mineral Excavation_ Case No.
CU 07-21-Public Hearin.
Ms. Haug presented her staff report.
Kirstin Pauley, with Sunde Engineering-Gave a presentation on the details of this project.
She discussed noise, setbacks, screening, traffic, and ground water.
Councilmember Gumphrey questioned if more trees could be saved and noise levels
reduced if the setback line were changed from 50' to 100.' He further questioned if Tiller
needed to operate from 7:00 a.m. to 7:00 p.m. on Saturday. Councilmember Gumphrey
questioned how equipment and truck traffic would be routed.
Ms. Pauley stated the buffer is greater than 50' feet because Proctor Road provides an
additional barrier. She stated some traffic would come from Proctor but most of it would
access the main entrance on the north side.
Mike Caron with Tiller-Stated the city's ordinance allows operation from 7:00 a.m. to 7:00
p.m. on Saturdays. He stated work is typically done Monday through Friday but has some
emergenry situations on Saturdays. He stated he would be willing to work with staff on the
hours.
Mayor Klinzing opened the public hearing.
Scott Boyd, 19923 Norfolk Street-Questioned what value this business brings to the city.
He questioned why it wasn't zoned residential in order for the city to benefit from the tax
capture. He stated there will be excess sand and dust that will affect his residence, which he
accept because the gravel operation was located here prior to him but now this will be near
his doorstep. He stated he would like to keep the vegetative buffer of 300' due to oak wilt
concerns. He stated there has been noise issues at 4:00 a.m. He also expressed concerns with
the 10 year timeframe because it could affect his property value when he sells his home.
Mayor Klinzing closed the public hearing.
Mayor Klinzing stated the gravel tax doesn't produce significant funds to the city. She
questioned if the 10 year titneframe could be shortened.
Councilmember Farber expressed concern with the 50' setback and didn't feel 100' would be
unreasonable.
Mr. Caron stated the timeframe is based on market demand. He stated the additional
setback will cause them to lose out on a large amount of material.
Mr. Beck clarified that the crusher would be setback 600 feet.
Councilmember Motin questioned if there is a reclamation plan. He also requested the dates
for condition 6 be changed to April 15 July 15. He questioned if the forester would move
the line again if the Council changes the setback.
City Council Minutes
August 20, 2007
Ms. Haug stated it could go either way.
Page 6
Mr. Caron suggested taking the furthest point set by the forester and drawing a straight line
from this point, which would be an approximately 78' setback.
Ms. Pauley explained the reclamation plan.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT,
CU 07-21 WITH THE FOLLOWING CONDITIONS:
1. TRAFFIC FROM THE OPERATIONS AREA WILL ACCESS THE NEW
ALIGNMENT OF COUNTY RD 33 WITH THE MAJORITY OF TRAFFIC
GENERATED FROM THE EXISTING OPERATION AREA HEAD EAST
TO US HWY 169. PROCTOR RD AND COUNTY RD 33 WEST OF THE
EXITING OPERATION WILL ONLY BE USED FOR LOCAL PROJECTS.
2. THE SITE MUST OPERATE UNDER MINNESOTA POLLUTION.
CONTROL AGENCY (MPCA) NPDES PERMIT FOR GRAVEL MINING
FACILITIES AND A STORMWATER POLLUTION PREVENTION PLAN
BE IMPLEMENTED.
3. WATERING ON-SITE GRAVEL HAUL ROADS MUST BE DONE TO
REDUCE DUST.
4. ALONG PROCTOR RD, A 78 FOOT SETBACK MUST BE MAINTAINED
AND IN NO INSTANCE WILL THE SETBACK BE LESS THAN 78 FEET
FROM RIGHT-OF-WAY.
5. THE OPERATOR SHALL TAKE MEASURES DEEMED APPROPRL~TE BY
THE SHERBURNE COUNTY FORESTER TO CONTROL OAKWILT.
CUTTING OF TREES BETWEEN APRIL 15 AND JULY 15 IS
PROHIBITED.
6. THE SITE MUST BE GRADED IN ACCORDANCE TO THE
RECLAMATION PLAN.
7. OPERATIONS MUST BE IN COMPLIANCE WITH ALL STATE NOISE
STANDARDS.
8. MINING AND CRUSHING WILL BE CONDUCTED BETWEEN 7:00 A.M.
TO 7:00 P.M. MONDAY -FRIDAY AND 8:00 A.M. TO 4:30 P.M ON
SATURDAY.
9. TOPSOIL WILL BE RETAINED ON-SITE AND USED TO CREATE
SCREENING BERMS.
10. ACTIVE SLOPES TO BE APPROXIMATELY 1.5:1 AND FINISHED SLOPES
NOT TO EXCEED 4:1.
11. PROPERTY WILL BE REZONED TO MINERAL EXCAVATION
OVERLAY.
MOTION CARRIED 5-0.
Councilmember Gumphrey thanked Mr. Caron for working with the city.
The Council took a 10 minute break at 8:00 p.m.
ORDINANCE 07 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
AS DESCRIBED
CASE NO. ZC 07- 05
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the Ciry of Elk River is hereby
amended to rezone the property (ies) described as:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following findings:
1. THE REQUEST IS CONSISTENT WTH ADJACENT ZONING LAND
USES.
2. THE USE IS CONSISTENT WITH THE ZONING.
3. THE ZONING IS CONSISTENT WITH THE LAND USE.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this day of , 2007, by the City Council of the City of
Elk River.
ATTEST:
Tina Allard, City Clerk
Stephanie A. Klinzing, Mayor
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change.doc