HomeMy WebLinkAbout06/03/1998CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
June 3, 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: Diane Nagler, Karen Edgeton, Lou Clark , Jce McNaiuara, Tim Burke, Frank
Blundetto.
Members Absent: None.
Staff Present: Rick Kelley, Tom Lovelace, Kathy Bodmer, Nelda Werkmeister, City Attorney
Mike Dougherty, Public Works Director Dennis Miranowski.
Others Present: See sign-in sheet.
2. APPROVAL OF AGENDA
MOTION: Burke moved, seconded by Clark, to appmve the revised agenda, which tabled item 6A
at the request of the petitioner. The motion carried 6 - 0.
3. APPROVAL OF MAY 20, 1998 MINUTES
MOTION: Clazk moved, seconded by Burke, to approve the minutes. The motion carved 6-0.
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS
A. Comp Plan Amendment from "GI" to "MD", Rezoning from "I-2" to "M-6B" & Interim
Use Permit for Sand & Gravel Mining with No Processing
Chair Edgeton noted that this public hearing was continued from May 20th. Assistant Plamier Tom
Lovelace reviewed the item.
Nagler expressed concern for reducing the amount of industrially designated land in the city as a
result of the proposed comp plan amendment and retuning. Blundetto expressed his preference to use
the term "mining" ui relation to this project rather than "grading".
Lovelace reviewed the public hearing comments from the last meeting.
Kristen Rojina of Smide Engineering, representing the petitioner Williams Pipe Line Co., outlined
the benefits of the project. She noted that if this project does not go through, the constmction of roads
will require a great deal of grading activity, resulting in increased truck traffic. With this proposal,
grading of the Williams' 30 acres occurs without any track traffic. She went on to say that constmction
of Flagstaff and 147th will take tune, whether or not the project proceeds. Constmction of those roads
will be easier with the project because of elevations to be achieved by Williams. A lazger storm water
pond, which is part of the proposed project, is more efficient and allows more land for development. The
grading plan provides for a natural division of the land uses. Pipe lines will be relocated at Williams
Planning Commission Minutes
June 3, 1998
Page 2
expense instead of the city's. Also, the culvert to go under County Road 42 can be used in the future by
the city for pedestrians.
McNamara asked for an estimate of the total amount of material needed to be removed to constrict
147th Street as proposed. Rojina estimated 500,000 cubic yards based on Keith's plan. Mimnowski
commented he thought 500,000 would be at the high end, but that it would be up to 350,000.
Miranowski also noted that the road design was pushing the limits of the grades, and that grading could
not be reduced further.
Edgeton asked for more information about the crusher proposed on site
Erick Lipke with IDM Services, consultant for the petitioner, said it was Williams intention to have
a fairly small unit which meets MPCA standards. Borings done show deposits are generally small
enough to be conveyed as is, so he estimated. the crusher running 10-15% of the time. Lipke indicated
that locating the crosher on the south end of the property would not be a significant problem.
There was discussion of possible hours of operation. Rojhra said they were looking at 6:30 a.m. to
5:30 p.m., which would be consistent with Sand and Gravel District requirements.
Nagler referenced Section Al-14 ofthe Zoning Ordinance. Dougherty stated that ifthe operation
was recognized as mining, then A1-48 would apply.
There was discussion about the proposed operation, including the composition of the sand and
gravel beds. Clazk expressed lus concern in making a reconunendation of this particular project without
knowing the future of the rest of the pazcel and the surrounding area. Kelley explained that the area is in
transition and represents substantial redevelopment Staff and the Commission have to take those
opportunities as they come, as the proposals aze initiated by the property owners. Kelley also pointed
out that the Comprehensive. Guide Plan will be revised to better reflect the direction verbalized by city
officials to provide consistency in the city's policy and plan.
Blundetto asked for confirmation that the McNamara property is aY a standstill. until this project is
detemuned. Kelley said that was correct.
Nagler asked if Williams had plans for the multi-family development. Lipke said Williams is
involved with a couple developers looking at the property at this point. Lipke also clarified that their
consideration at this time is coupled with the removal of excess materials.
In response to an inquiry by McNamara, Lipke said the plan is for a seasonal excavation operation,
but that it may be longer than the typical season simply because of the quantity that needs to be removed.
At this time Chair Edgeton asked for any new comments from the public.
David Bocek of 14059 Flintwood Way distributed to the Planning Commission copies referencing
the definitions of processing both in the city caning ordurance and EPA standazds, as well as other EPA
regulations. Lipke explained that there aze no amtanunated soils on the subject 30-acre pazcel.
Dane Eriksmoen of North Star and VenStaz expressed his concern that if 147th Street is approved
as indicated, his companies believe there will be a great loss m the value of the property and its potential
for development. The exrtension of 147th Street needs to be on the north property line, he felt. Kelley
noted that staff evaluation led to the conclusion that 147th Street cannot go on the north border.
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June 3,1998
Page 3
Dougherty pointed out that the extension of 147th Street has not been approved by the City Council at
this time.
Mike Kilen of 14243 Fossil Lane wanted to know what benefits there aze for the city as a result of
this project.
Barry Berg of 14068 Flintwood Way posed if 147th is in doubt, isn't it premature to discuss leveling
grades and removing earth.
Beth Gray of 14180 Flagstone Trail asked if the crashing would occur a little each day, once a
week? She suggested Williams could look at the percentage of lazge rock found when Cedar Isle was
mined to get an idea of what would be found on the Williams property. Lastly, she went on to say if the
tank farm moved, would we be setting a precedent to allow mining on that piece of property, and that
that was a dangerous precedent to set. Rojina explained that a crasher typically doesn't operate on a
daily basis. Portable crushers are used and moved from site to site. It may operate for a week at a time.
Sean Cassia of 13979 Findlay Court said he worked for 13 years for a coal mining company. The
crushing equipment is substantial, and screening is a noisy process.
Miranowski outlined the benefits to the city: (I) The cost of lowering pipe lines in Flagstaff Avenue
would be bom by Williams instead of the city; (2) The storm water pond enlazgement benefits the city;
(3) The tunnel under County Road 42 could be used in the fixture by the city as a pedestrian walkway;
(4) Regarding Flagstaff Avenue constraction, if the grades are not brought down, the Williams properly
would not have access (so no benefit shown to the property), so the cost of that construction would be
bom by the city. Total savings to the city would be $1,010,000.
Blunde[to stated the tunnel wasn't in the right spot for pedestrian access anyway.
MOTION: Blundetto moved, seconded by Clark, to recommend approval of the Comprehensive
Plan amendment from "GI" to "MD".
Nagler stated she was not wmfortable making a change to the comprehensive plan. Blundetto said
this was the first step to getting the McNamara property cleaned up, and that we aze going to have to act
on something soon. Edgeton declared her concern was rewning to multi-family. She went onto say the
protections aze in place for the irxternn use permit, that the site will be disturbed anyway, and that it is her
responsibility to look at that regional resource of sand and gravel.
The vote was 3-3 (Clazk, McNamara, Blundetto for; Burke, Fdgeton, Nagler against).
MOTION: Blmidetto moved, seconded by Clazk, to recommend approval of the Comprehensive
Plan amendment from "GI" to "MD".
Nagler stated she was not comfortable changing this tomulti-family zoning. Blundetto said he was
opposed to mining north of 42, that he does acknowledge there aze some benefits, that it may adversely
affect Fischer's azea, and he cannot support it.
The vote was 3-3 (Clazk, McNamara, Blundetto-Burke, Edgeton Nagler).
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June 3,1998
Page 4
MOTION: Blandetto moved, seconded by Nagler, to recommend denial of the interim use permit
for sand and gravel extraction.
Nagler expressed concern for the public health, safety and welfare. She felt approving sand and
gravel north of 42 would be setting a precedent. Clark stated there was no real reason to do this other
than someone wants to mine some gravel, and that he very strongly supports the motion. Edgeton said it
allows removing a valuable regional resource whether you call it sand and gravel mining or an interim
use, and that she believes the 2-yeaz time limit and other controls aze sufficient.
The motion passed 4-2 (Blandetto, Nagler, Burke, Clazk).
A 5-minute recess was called. The meeting reconvened at 9:10 p.m.
B. Conditional Use Permit Revision to Include 1000-Gallon Propane Dispensing Unit
Chair Edgeton opened the public hearing at 9:10 p.m. Assistant Plarmer Kathy Bodmer introduced
the item.
There was clazification of the size of the tank in comparison to others in town. Discussion occurred
about the pazking and storing of vehicles on the site. Kelley noted that the existing conditional use permit
does allow outdoor vehicle storage without specific placement limitations.
Todd Rosen, owner of Apple Valley Rental, stated he has never pazked a truck in the street since
he's owned it. He said there would be no blockage of view on Glenda because the plantings screening the
tank would be 30 feet offthe street. The proposed tank would service both customers and company
equipment. He went on to say that tracks are not in his long-term plan.
There was some discussion about how long it takes to fill different sized tanks. Blundetto asked the
petitioner to have a plan for disposition of the east setback area by the nex4 meeting.
There being no comments from the public, Chair Edgeton closed the hearing at 9:32 p.m.
6. LAND USE/ACTION ITEMS
B. Site Plan/Building Permit Authorization for Building ProduMs Facility with Fenced
Outdoor Lumber Yard
Lovelace introduced the item. He noted that the Comprehensive Plan designation and caning had
been changed at the May 28th City Council meeting to "SC/RB" (Shopping Center/Retail Business) and
PD Zone 1.
In response to questions from the Commission, Lovelace said the fence proposed is a plain plank 2 x
8 fence, and it does not conform with the PD ordinance. The building materials proposed would fall into
the special perforrnauce standards for this PD.
Steve Barrott, representing Menards Inc., explained that the new store's retail area would be almost
twice the size of the old. The current site has 223 parking spaces, and 469 aze proposed on the new site.
He distributed a color version of the proposed concrete panel building materials, and said they would be
willing to use steel instead of painted concrete for the green stripe. Color pictures of the fence were also
Planning Commission Minutes
June 3,1998
Page 5
distributed. Barrott went on to say they could consider bemring on the northwest corner to mitigate the
effect of the wood fence.
There was considerable discussion surrounding the fence. Blundetto acknowledged there is a
security need for a fence. Options to make the fence more attractive, such as pillars or azchitechual
details, were mentioned, as well as landscape enhancements which could be considered. Lovelace will
check if the fence as proposed would require a variance. Kelley clarified that the fence would be 34 feet
from the curb. Barrott indicated Menards willingness to consider modifications to the fence.
Burke asked about the traffic pattern. Barrott said that one access point to the yard has shown to
work over years of experience and experimenting with other options. The Commission suggested
consideration for some lazger pazking stalls neaz the yard entrance to accommodate vehicles pulling
trailers.
Barrott noted that their Store Planning Department will determine if cart corrals will be installed,
and that the grade preverrts doing much besides landscaping on the south side. He said they were willing
to install some foundation plantings in front of the building as suggested by the city forester.
Edgeton suggested doing somedung with the east end of the building on the front elevation.. A
discussion of outdoor product display ensured. Lovelace will check if a conditional use permit is
required for that in this PD.
Barron described the signage proposed.
MOTION: Blundetto moved, seconded by Clark, to table this item until the June 17 meeting.
Motion carried 6-0.
C. Site Plan/Building Permit Authorization for 3-story Office/Bank Building with Drive-
through Tellers
Lovelace introduced the item and noted that adrive-through is a permitted accessory use in this
wne.
Dennis Cornelius of Amcon and Mike Supina, the project architect, were present. Cornelius stated
they have added pedestrian access off Galaxie and the loop drive, and the setback on the south side has
been adjusted, as requested by staff. Supina described the building materials.
Cornelius acknowledged the parking deficiency. He would like to propose proof of pazking
agreements to meet the pazking requiremerrts. He stated that their parking ratios are the same as Anchor
Bank's. Kelley noted that a 6000 gross square feet reduction in the building size would be needed for the
pazking spaces as proposed to be considered adequate. He went onto say there is also the option of
increasing the amount of common area within the building to lessen the demand for parking.
MOTION: Burke moved, seconded by Blundetto, to table this item until the next meeting. Motion
carved 6-0.
8. ADJOURNMENT
MOTION: Blundetto moved, seconded by Nagler, to adjourn the meeting. Motion carried
6-0. The meeting was adjourned at 10:55 p.m.