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CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
OCTOBER 3, 2001
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Kazen Edgeton at 7:00 p.m.
Members Present: John Bergman, Tim Burke, David Schindler, Kazen Edgeton, Tom Melander, Jeannine Churchill
Members Absent: Jim Hadley
Staff Present: Consulting Engineer Keith Gordon, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, City Planner
Tom Lovelace, Assistant Planner Margaret Milton Dykes; Community Development Director Rick Kelley
Z. APPROVAL OF AGENDA
MOTION: Burke moved, seconded by Churchill, to approve the agenda. The motion carried 6-0.
3. APPROVAL OF SEPTEMBER 19, 2001 MINUTES
MOTION: Burke moved, seconded by Bergman, to approve the minutes as presented. The motion carried 5-0
(1 abstention-Churchill).
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS -None -
6. LAND USE/ACTION ITEMS
A. Revised Condifional Use Permit for Mining Operations by Fischer Sand & Aggregate on the South Side of C.R. #42
East of Flagstaff Avenue
City Planner Tom Lovelace introduced the item. He described the proposed phasing by the applicant: Phase 1 along Flagstaff
Avenue, Phase 2 involving Area 2, the southern portion. The projected completion of mining for this area is 2010-2015.
Lovelace also reviewed the public heazing comments.
Schindler stated his only concern is the tuning that extends the mining in the area, and its impact on the residents. He
wondered what those residents' perception was when they purchased their homes:
Tony Gleekel, counsel for the applicant, gave a brief history of mining since the move south of C.R. #42, referencing the
Environmental Impact Statement (EIS) and discussion which preceded the Regatta Development. At the time of the EIS it
was thought there was enough material to be mined for about 40 years. As it is now, mining is projected to continue for
anotherl5 years or so. Gleekel stated that the applicant had meetings with adjacent property owners. What they heard from
those property owners was to be in an out mining as quickly as possible and as far away as possible. Gleekel also cited
impacts on the timing of Fischer's operation, such as the widening of Pilot Knob Road.
Edgeton gave additional background, having been on the Planning Commission when the original request to mine Area 2 was
considered, and also when the Regatta Development was approved north of 160x` Street. She stated that the Planning
Commission had serious concerns having residential property adjacent to mining. Pulte, the residential developer for the
Regatta, chose to move forward after approvals were received, but werestrongly advised by the Commission to inform
potential buyers where and when mining would occur in the future.
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Edgeton expressed her opinion that it is better to mine a valuable regional resource fast than to develop the land and lose that
opportunity.
Churchill agreed with the history as Edgeton presented it. She stated that what we have ended up with is the best scenario.
MOTION: Churchill moved, seconded by Bergman, to recommend approval of the amendment to the existing
Barton Sand and Cnavel conditional use permit to allow for mining the most westerly azea identified as Phase
3 on Figure 3. This expansion area shall be subject to all conditions set forth in the existing conditional use
permit, as well as the following conditions: (1) any excavation, mining and stockpiling shall not be conducted
closer than 300 feet from residential ormulti-residential structure or zoning boundary; (2) a berm with a
minimum height of 16 feet high shall be required to be located within the 100 feet of setback. area adjacent to
the property line. Motion carried 6-0.
MOTION: Churchill. moved, seconded by Burke, to recommend approval of the amendment to the
conditional use permit to allow for an extension of the timeframe for mining and reclamation to 2008 for the
property identified as Phase 2 on Figure 3, subject to the following conditions: (1) complefion of the
Comprehensive Plan amendment, rezoning and subdivision of the properly prior to approval of the conditional
use permit; (2) no vehicular access off 160a' Street West to and from the site shall be allowed; (3) all mining
and reclamaton of the site shall be completed within two yeazs from its commencement-, (4) all applicable
performance standards set forth in Section Al-48 of the zoning code shall be strictly adhered to. Motion
carried 6-0.
7.OTHER BUSINESS
A. Consider Joint Work Session with City Council
Community Development Director Rick Kelley reviewed the previous Planning Commission request to set a meeting to
review past projects.
MOTION: Melander moved, seconded by Burke, to set a special meeting, to which the City Council will be
invited, on December 12 at 7:00 p.m. in the Municipal Center. Motion carried 6-0.
8. ADJOURNMENT
MOTION: Burke moved, seconded by Churchill, to adjourn the meeting. Moton tamed 6-0. The meeting
was adjourned at 7:35 p.m.
http://www.ci.apple-valley.mn.us/Minutes/planning_commission/2001/100301m.html 3/17/2009