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HomeMy WebLinkAbout03/18/1998CITY OF APPLE VALLEY PLANNING COMMISSION MINiJTES March 18,1998 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Edgeton at 7:00 p.m. Members Present: Marcia Growling, Diane Nagler, Frank Blundetto, Karen Edgeton, Lou Clark . Jce McNamara. Members Absent: None. Staff Present: Rick Kelley, Tom Lovelace, Nelda Werkmeister, City Attorney Mike Dougherty, Dennis Miranowski. Others Present: See sign-in sheet. 2. APPROVAL OF AGENDA Community Development Director Rick Kelley suggested agenda items 6 and 7 be heard in reverse order. MOTION: Gowling moved, seconded by Blunde[to, to approve the agenda as amended: The motion carried 6 - 0. 3. APPROVAL OF MARCH 4, 1998 NIINiITES MOTION: Nagler moved, seconded by Blundetto, to approve the minutes. The motion carried 3-0 (3 abstentions-Edgeton, McNamara, Clark). 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS -None - 7. OTHER BUSINESS A. Review Environmental Assessment Worksheet -Williams Pipe Line Sand & Gravel on the Northeast Corner of C.R. #42 and Future Flagstaff Avenue Assistant Planner Tom Lovelace introduced the item, noting the current caning and comprehensive plan designations for the parcel of "GI", General Industrial. Curt Proud of Williams Pipe Line introduced himself and asked what information the Chair would like to proceed with first. Kirsten Rojina of Sunde Engineering, on behalf of the petitioner, presented an overview of the Environmental Assessment Worksheet (EAW), including basic facts, significant adverse environmental impacts and potential mitigating measures that can be taken. She pointed out that the EAW lists all permits required by the MPCA, DNR and Watershed District. The pemuts function to assure the site operates while protecting the health, safety and welfare of the general public. Rojina clarified the response to no. 10, which talks about relocation of the tank farm on site. She explained that on-site relocation was a consideration at the time the EAW was written, but is no longer an option. Williams has agreed to utilize a baghouse to control asphalt plant emissions. As compared to Planning Commission Minutes March 18,1998 Page 2 a wet scrnbber, with a baghouse no discharge occurs and the potential for soil or ground water contamination is eliminated. Clazk asked about the azeas of contamination. Rojina pointed out the areas on Figure 8 of the EAW. Peter Hultgren of Benshoof and Associates, speaking for the petitioner, showed daily tap generation and anticipated PM peak hour tap generation figures from his traffic analysis. He also demonstrated the impacts those trips would have on the local roadway system, as well as the turn movements. Blandetto asked if Hultgren took into account alternate routes to Cedar Avenue and County Road 42 (CR#42). He also wondered about the classification of Galaxie, and the LOS ratings of CR#42 ixrtersections at Galaxie, Johnny Cake Ridge Road and Pilot Knob. Hultgren said that trucks generally travel on the ruain roads, and that they have designated routes, so no alternates were considered. The LOS ratings of the intersections questioned can be provided. Lovelace responded that Galaxie Avenue is a collector street. Nagler noted that CR#42 is under study to find ways to relieve the traffic congestion. She asked if the lower speed oftmcks entering CR#42 was taken irrto accourrt: Hultgren replied that merging of the tmcks would occur at a signalized intersection, so that was not a factor. Discussion followed regarding access and signalization, and whether a signal would be placed at Flagstaff in the event Fischer Market Place did not proceed. Hultgren pointed out that the traffic study did take into account Phase I of Fischer Mazket Place. David Braslau of David Braslan Associates, talked about emissions, dust and noise. He noted that trucks are a low emitter of carbon monoxide, and that no significant. impact is anticipated by the proposed project. The baghouse system for the asphalt plant referred to eazlier also reduces odor emissions. Use of a tall stack disperses remaining particulates (which cause odor) not handled by the baghouse. A dust control plan is outlined on p. 8 of the CUP Supplemerrtal hrfom~ation provided by Williarns Pipe Line Company. There will be no major odor impacts from trncks because there will not be large numbers of tmcks idling, according to Braslau. McNamara commented that another company had reduced noise by removing the backup alarms and installing some other safety feature. Clark asked the smallest micron that would be screened out by the wet scrubber and baghouse systems. Braslau said 2.5 microns with the baghouse, but he didn't have the exact figure for the wet scrubber, which might be more effective on finer particles. In response to Commissioners' questions, Bmslau went onto clarify there is both a 24-hour clean air standard and an annual average standard. There is generally no problem with annual particulates except at refineries. Cazbon monoxide is the concern in the Metro. Nagler felt more details should be provided in response to questions 24 and 25. Blundetto asked ifthat type of response is typical, to which Kelley replied that it is. Cowling asked for an example of a noise level of 84 dBA. Braslau said asemi-truck passing on a highway about 50 feet away can be 84 dBA. Planning Commission Minutes March 18,1998 Page 3 Nagler asked if the City would respond fiuther to no. 29, "Impact on Infrast<uchu'e and Public Services", to which Miranowski responded affirmatively. McNamara asked about the quantity of wntaminated soils, and what normal levels aze in regazd to well monitoring. Rojina said they could get that information. Discussion ensued regarding acceleration/deceleration lanes, current access and haul roads. Miranowski stated curb cuts would have to be modified to accommodate truck traffic, which would require the petitioner to obtain a pemut from the county. 6. LAND USE/ACTION ITEMS A. Comprehensive Plan Amendment, Rezoning from "I-2" to "SG", Conditional Use Permit for Sand and Gravel Mining on the Existing Williams Pipe Line Tank Farm A recess was called at 8:12 p.m. The meeting was reconvened at 8:18 p.m. Lovelace reviewed the responses to the Mazch 4 public hearing comments. He said the city does have some latitude in setting the hours of operation. Curt Proud of Williams Fipe Line Company spoke in response to the question of why the applicant waited until now to apply for mining. He said wnstmction of 147th Street through their property would render the land useless for petroleum products. Rather than objecting to construction of the street, Williams looked at other alternatives. The decision to mine and develop the north 30 acres of their property also facilitates building 147th Street. Blundetto said he asked the petitioner to state what the benefit to the city would be. He referred to a letter from Williams Pipe Line, noted that most of the benefits listed were economical, and that he could not consider economic benefits, that only the City Council mould do that. He wemt on to say topographic change doesn4 seem to be a benefit, but that the change is simply shifted. Proud replied that the city has approved 147th. Proud went on to say Flagstaff and 147th as currently designed would go into a 30-foot wall and massive pipe lines when the Williams property was reached, or Fischer Market Place could be redesigned, or a ramp wind be built. Rojina described the current elevations and changes which would take place as a result of wnstmction of 147th Street. Proud said wnstruction of 147th Street without the gravel mining would create an island of the north 30 acres, which would not be an appropriate land use. Miranowski stated there were two options if Flagstaff stays 30 feet below Williams property: either a ramp or a "V" through the property. He suggested the petitioner be directed to bring in cross- sections to see what the best option is. Proud said development ofmulti-family or industrial on the north is wmpatible with the city. With that owurrn~g, development of the south end would then be likely, including movement of the tanks. It will most between 22 and 25 million dollars to build a new pump station. If the road went through without gravel mining, it appears there would be no wmmercially viable access. Dougherty wnfimied that a parcel of land cannot be stranded without access Planning Commission Minutes March 18,1998 Page 4 Edgeton asked if the land couldn't be developed without raining. Proud said it can't be used for petroleum purposes because of setbacks, etc. The parcel would not be a prime commercial site because of the resulting terraux. Nagler wmmented that there was no requirement that Apple Valley remain flat. Dowling asked about the age of the tanks and. the life span of the tanks and pipe lines. Proud noted the tanks have been there since 1957. Life expectancy of the tanks and pipe lines is infinite based on rriaiutsnancz. Clark stated the issue is money. Williams wants the money from the gravel, though the land is developable regardless, according to Clark. Blundetto asked how the spills occurred. Proud said one spill occurred when a tank was being repaired. He can provide information on the other spill. In further discussion of grades and the fixture construction of 147th Street, Kelley stated there are ongoing negotiations between Fischer and Williams Pipe Line to raise or lower the grade. In response to questions by Edgeton as to whether other options were considered, Proud responded that one compromise would be to only do Phase I, and that Wooing the site without an asphah plant is possible, but "it would be giving away a lot of money." Nagler stated the request to amend the comprehensive plan prompts the question, "Does this fit into our values as a community?" Kelley explained the process from this point forwazd. Staff has recommended no action until all comments have been received regazding the EAW. Comment deadline is Mazch 25. The statutory requirement of acting on an item within certain time lines does not take effect in this situation until after the EAW comment period and the Metropolitan Council's response to the comprehensive plan amendment. Edgeton requested EAW comments be available on overheads as the public hearing comments were presented this evenarg. 8. ADJOURNMENT MOTION: Blundetto moved, Dowling seconded, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 9:12 p.m.