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HomeMy WebLinkAbout03/17/1993PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY March 17, 1993 Prior to the regular meeting of the City of Apple Valley Planning Commission an informal study meeting was held from 6 :00 to 7:00 pm. to review power line study methods and alternative layouts currently being investigated by the staff. Since this was an informal study meeting there was no formal agenda. No action was taken. 1. CALL TO ORDER Chairman Alan Felkner called the Planning Commission meeting of March 17, 1993 meeting to order at 7:35 p.m. in the City Council Chambers. Members Present: Chairman Alan Felkner, Marcia Gowling, Frank Blundetto, Jeannine Churchill Jim Norris. Staff Present: Richard Kelley, Meg McMonigal, Scott Hickok, John Gretz, Keith Gordon, Dennis Miranowski, Annette Marguerite, and Dennis Welsch, Others Presents See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved as submitted. 3. APPROVAL OF THE MINUTES OF THE MARCH 3, 1993 MEETING The minutes of the March 3, 1993 meeting were approved with the following correction by Gowling: on page 6, paragraph 3, the motion should read "Chairman Alan Felkner called for a vote on the motion. The motion was approved 4 -1, with one abstention (Gowling)." MOTION: Member Churchill moved, seconded by Member Norris to approve the minutes of the March 3rd meeting with the changes as recommended by Member Gowling. The motion was approved unanimously. 4. CONSENT AGENDA - None - 1E 5. PUBLIC HEARINGS A. Comprehensive Plan Amendment, Rezoning from "A' to "SG ", and Conditional Use Permit for Sand & Gravel Mining on 300 Acres LOCATION: South of C.R. #42 along Pilot Knob Road PETITIONER Fischer Sand & Aggregate Co. (PC93- 006 -PZC) Chairman Alan Felkner opened the public hearing and requested City Planner Richard Kelley to provide a background presentation on the requested actions. City Planner Kelley reviewed the request for an amendment to the Comprehensive Plan map; an amendment to the Comprehensive Plan text; a rezoning request; and the issuance of a conditional use permit to allow for sand and gravel mining. He noted that no action was being sought from the Planning Commission this evening. Chairman Felkner asked for further clarification of the Comprehensive Plan Map and text as well as the zoning document and the use of a conditional use permit. Kelley explained the differences. City Planner Kelley described the project in detail with the use of street maps and a Comprehensive Sand & Gravel Map. In addition, he reviewed the Comprehensive Plan designation for the 292 acre site, currently designated for "LD" low and "MD" moderate density housing and he reviewed the current zoning for the site which is "A" (agriculture). Kelley reviewed site plans provided in the application to describe the mining proposal and a description of the engineering profiles of the mining before and after the activity has been completed. Member Churchill asked for clarification regarding the vertical difference between County Road #42 and the bottom of the mining areas. Member Gowling asked for clarification regarding residential developments within the mining area. Kelley responded there are none, but there are significant residential areas on the north, east, and south. Member Norris asked for a description of other mining areas south of County Road #42. Member Blundetto asked for clarification regarding how the pit face will move from southwest to northeast. Member Norris asked for clarification regarding the location of the entry road which is now proposed for the east side of the project entering and exiting from Pilot Knob Road. Jerry Duffy, attorney representing Fischer Sand & Gravel, stated that the Consolidated Sand and Gravel Users Environmental Impact Statement should be noted as part of the record. The Planning Commission agreed. Duffy introduced members of the Fischer consulting staff, who in turn provided further background information for the Planning Commission. John Voss, consulting planner for Fischer Sand & Gravel, provided exhibits to illustrate the proposed mining activity. He noted that the exhibits are from the completed Environmental Impact Statement. K Wilton Anderson, 5441 134th Street West, asked for clarification regarding the impact of gravel mining on the two acre Lebanon Cemetery at the corner of Pilot Knob Road and County Road #42. City Planner Kelley responded that the mine will move from southwest to northeast utilizing conveyors below grade and be at least 200 feet south of the cemetery. Fred Bergacker, 4978 150th Street, asked what would happen to the shallow wells in the area and who would be responsible for the replacement of the wells. He noted that he has had a well on his site for 40 years and it is in good shape. Jim Man, 6039 169th Street West, asked why the City would think that this proposal is a good proposal. He asked the Commission whether they would like to view the Sand & Gravel operation for the next 50 years. He asked the Commission to be sensitive to the issues. Walt Marty, 14936 Echo Way, stated that he did not want to look at a mining operation for 20 years. He was concerned about housing value and how they would change. He stated that Apple Valley does not need another gravel pit. Raschell Simmons, 6129 161st Street West, Lakeville, asked for clarification regarding the central crusher, where it would be located and why not closer to Pilot Knob Road. She expressed concern with the central operations because it will be there the longest of any of the mining activities. She noted that the Environmental Impact Statement did not address the accumulative effect of more sand dust in the air as compared to agriculture dust currently in the air. She stated that her family doctor has expressed concern about the impact on individuals. Simmons also asked for clarification about property values as addressed in the Environmental Impact Statement. Richard Hervieux, 16005 Excel Way, threatened a lawsuit. Joe Marquette, 14940 Echo Way, asked the Commission to consider what the value to the City would be for gravel mining versus housing development on the site. Kathy Arbor, 14839 Endicott Way, representing the Valley Way Homeowner's Association, stated that 120 homeowner's within the Valley Way Village area are opposed to the gravel mining in this area because of detrimental impacts on the environment, health, esthetics, ability to police the area noise, traffic, and heavy duty conveyors and crushers in a residential area. She reviewed the proposed mining from the Valley Way Village area and noted that a 16' berm will do nothing to block the view for the people who live along County Road #42. Nancy Franczyk, 14898 Endicott Way, asked the Planning Commission to consider the need for clean air and noted that gravel mining will ban her to inside life. She asked the Planning Commission to request a written housing value guarantee from Fischer Sand & Gravel. Joyce Wittman, 16185 Franchise Avenue, representing the Valley Park Homeowner's Association, expressed concern with air quality and dust. She stated that there was no consortium of gravel miners as illustrated in the Environmental Impact Statement and that the only applicant is Fischer. She expressed concern that other applicants at a later date will not be held to the same stringent conditions of the Environmental Impact Statement. Because only one operator is applying, the extraction rates in the Environmental Impact Statement are distorted and the times for mining are distorted. She asked if Barton Sand & Gtavel will be mining the same length of time as the Fischer proposal. Ms. Wittman explained that the haul K1 road proposed in the current Fischer proposal is in a different location than the haul road in the Environmental Impact Statement. She expressed concern with the east /west pipeline which carries jet fuel and cuts through the Fischer property. She stated there is a Federal Law which requires a 100' building setback from the line. Wittman also stated that Williams Pipeline representative, George Odde, in May of 1992 did not know of or approve of lowering the pipeline. The pipeline is two miles in length. She asked the Planning Commission to determine how long the Barton- Kraemer -Seed operation will be on the land and to determine whether there was 1,000 feet between the processing plant and residential areas as required by the code. Chairman Felkner asked Ms. Wittman to clarify whether she had spoken with Williams Pipeline directly. She said she had. Mark McCuen, 6039 Lower 161st Street, asked the Planning Commission to consider what benefits there are to the people and the community with further gravel mi He compared the planning activities in Houston vs. Glasgow with those in Apple Valley. He stated it is possible to have an economic boycott of Apple Valley if gravel mining proceeds. Lori Mullenberg, 6363 161st Street, stated that the gravel pit is an eye sore and creates a double standard for other small businesses in the area. Lori Watkinson, 6098 161st Street, Valley Park, stated that gravel mi ning in this area will affect thousands. She asked who will pay for the decreases in property values. In addition she asked how many citizens are in favor of the project and how many times must the citizens go through this type of public hearing review process. She asked why the conveyor must exist instead of trucks and if Apple Valley as an community really did care about residents. She stated that gravel does not make a good neighbor. Ken Crews, 14290 Echo Way, read from a letter prepared for submission to the Commission and attached to the minutes. He stated that machinery, particularly beepers and heavy machinery can be heard from at least one mile away from his current home. In addition bituminous fumes can be smelled from the two bituminous operators in the area. He expressed concern with the ducks, geese and wildlife in the area. While he noted that the existing pits were there long before the community, the new pits do not have to be installed within the community. He stated that a gravel operation creates a moonscape. Chairman Felkner declared a 10 minutes recess. Chairman Felkner reconvened the meeting and encouraged audience members who could not wait to speak to the Commission to turn in written comments. Karen Konkal, 15750 Gallery Avenue, asked for further details regarding the noise levels at the central crushing machine which is within 1/2 mile of her house. Doug Neve, 15445 Dodd Boulevard, stated that the gravel pits in Rosemount and Lakeville are adequate to serve the needs. He expressed concerns with the esthetics in the area and expressed concerns about setbacks from the parcel adjacent to his home site. He asked for details regarding berms to placed along Dodd Road. Mr. Neve asked who pays for road repair. He noted that gravel pits limit the other uses that can be installed along Dodd Road. He asked for clarification regarding assessments for utilities when no other users can share in those utilities. Mr. Neve stated that dust is a problem. He asked the Commission to consider cost r benefit analysis and how many more jobs and housing would be provided if the area were developed for homes versus gravel pits. He asked the Commission to consider whether an advisory referendum was possible on this issue. Ann Gervin, 15810 Gallery Avenue, stated that Ordinance #472 requires a fiscal analysis. She asked for further details on the fiscal analysis which has been done. She expressed concern about roads and about taxes in the area. City Planner Kelley responded that the fiscal analysis, roads, and taxes are all discussed in the Environmental Impact Statement. Ms. Gervin asked how the City could envision a "chain of lakes" when only one operator is applying for a rezoning. She asked where a school would be placed on the reclamation site. Gene Hokanson, 6867 162nd Street West, asked for further information regarding the new entry road proposed along Pilot Knob Road. Specifically he requested further study of the impact the traffic would have on County Road #46 if the entry road was relocated as proposed. Mr. Hokanson discussed the impact that one truck has on road maintenance. Bob Johnson, 6321 162nd Street South, expressed concern about the large amount of truck traffic on 160th Street. He stated that such trucks create an unsafe situation for bikers and children. Bob Hanson, 7324 Upper 147th Street, asked the Planning Commission whether the gravel pit will provide funds to the City of Apple Valley and whether new parks would be generated by the gravel pit. He asked the Commission to consider who will benefit from the project. Jeff Gorman, 6279 161st Street West, stated that he had a market analysis done of his home by Edina Realty. Within the market analysis, the agent stated that gravel pits will decrease the quality of life and that he must disclose this at the time of the sale of the house. Mr. Gorman also expressed concern about the berms being overgrown with weeds and not planted properly with trees. Barb Oxley, 16235 Fairgreen Avenue, expressed concern about truck traffic and policing the speed of the truckers. Bob Coss, 16018 Fairgreen Avenue, asked the Planning Commission to identify the criteria or issues that the Commission will use to make it's final decision or recommendation. Joyce Wittman, asked the Commission to consider further detail in the fiscal impact study. She noted that at the time the final Environmental Impact Statement was accepted, the comment was made that further fiscal impact studies would be done when the zoning is completed. Jerry Duffy, representing Fischer Sand & Gravel, described the operation plan. He noted that the Environmental Impact Statement projected processing activities to be located in the most remote area from any residential development. He stated that the operation would come within 1/4 mile of County Road #46 and would be below the current grades. The haul road location would be evaluated because of potential safety and slope considerations. He stated that Barton may use the same road. John Voss, representing Fischer Sand & Gravel, described the cross sections of the site. He stated that from County Road #42, the site drops from an elevation of 980 to 940 and then another ten feet beyond that. The ninety foot high Ready -Mix Tower, located in the deepest depression, would be visible 20' or more above the screening done at grade on the site. Mr. Voss 5 explained the process of creating a permanent stockpile berm, which would be seeded to block view of the site from the south. Member Norris asked how the berms would be maintained. Mr. Voss responded that the Galaxie Avenue berms are IT high and were constructed by the developer. In the current proposal, an annual excavation permit would be issued and that the City would have an annual opportunity to review the progress that the Sand & Gravel operation has made during the past year. Jerry Duffy stated that the permit gives conditions which must be completed each year, prior to the issuance of a new excavation permit. He discussed the area north of 140th Street and the area between 140th and 150th Street He stated that Fischer Sand & Gravel will comply with the current code in all new developments south of County Road #42. Duffy said that if the gravel mining operation moves south of County Road #42 the area north of County Road #42 will be closed. The same number of operators and trucks that are currently located on the site north of County Road #42 would be transferred to a site south of County Road #42. Chairman Alan Felkner asked for clarification regarding the ordinances and a comparison to previous "grandfathered -in uses" as described by Mr. Duffy. Mr. Voss described the residential subdivision around Lac LaVon as an example of residential development occurring adjacent to a previously created gravel excavation which was converted into a lake. He noted that berms are not needed along Dodd Road because the topography in the area will prevent view of the mining. David Braslau Noise Consultant for Fischer Sand & Gravel, stated that it was his noise studies which eventually recommended using the 16' and 8' berm heights and further recommended that mining be done toward the residential areas using the pit face as a primary berm and buffer to absorb noise. He stated that noise levels will occur with and without berms and that nighttime mining would have the most noise impact and therefore such mining is excluded by the ordinance. Braslau said that all noise regulations are based upon the Minnesota PCA Standards and asked the Commission and staff to resolve ambiguities or typos currently existing within the ordinance. John Voss described the cross section of Dodd Road Dunbar area. He explained the use of a conveyor as a substitute for trucking material. He also said the conveyor would create less dust. The central area proposed in the Fischer area is the same central operations area proposed in the Environmental- Impact Statement as a "central processing area" for all minin operators. Member Blundetto asked if the electrically operated conveyor system would be constructed within a ditch and asked for further detail regarding the width of the ditch and protection around the ditch. Mr. Duffy responded that no injuries to date have occurred to a non - employee of Fischer Sand & Gravel. He also noted that some vandalism has occurred. Betty Moeller, 5702 150th Street, asked for clarification regarding which buildings would be removed along County Road #42. John Gretz responded that the Charlie Kohl's farm buildings would be removed. John Voss explained that the estimated time to create the operations area and the trenching to the first minable area would be two years. 0 Jim Benshoof, Traffic Consultant for Fischer Sand & Gravel explained the total traffic volume in the area would not increase, but there would be a redistribution of traffic since Fischer trucks would move from the north side of County Road #42 to the south side of County Road #42. Benshoof said the haul road location was one of three alternatives within the EIS. With the final recommendation in the EIS to use County Road #42 until County Road #46 is upgraded. An access at Johnny Cake Ridge Road and County Road #42 without a traffic signal is unsafe. The use of Pilot Knob Road to County Road #42, then west on County Road #42 would provide for safer truck turning movements. Benshoof described the road deterioration problem and noted that $154 - 186,000 per year in funding is provided by aggregate materials taxes to the County for maintenance of roads. The EIS stated that more taxes will be generated than deterioration in any one year. Chairman Alan Felkner asked how truckers would be controlled within the pit and on the road system. Mr. Duffy responded that most truck traffic will head north because of the primary markets. He stated that Apple Valley Ready -Mix, Apple Valley Sand & Gravel, and SA -AG trucks are all owned by Fischer Sand & Gravel and will be policed by their own employees. Chairman Alan Felkner continued the public hearing to April 7th, at which time additional comment will be considered. Robert Erickson, City Administrator of the City of Lakeville, asked the City Staff to provide a complete copy of the application for this proposal. David Breslau asked the City Planning Staff to contact him to review noise standards. 6A. Cedar Pointe Townhomes - Preliminary Plat for 204 Townhouses & Conditional Use Permit for Alternate Exterior Building Materials LOCATION: NW Comer of Galaxie Avenue & 157th Street West PETITIONER Centex Homes (PC93-004 -BC) Associate Planner Meg McMonigal described the request for a preliminary plat known as Cedar Pointe, consisting of 204 townhomes and a conditional use permit for building materials other than required by the zoning code. She explained that the 204 unit townhouse complex is comprised of 17 twelve -unit buildings on 20.5 acres of land at a net density of 9.94 units per acre. The units are 2 -story on slab construction with attached one or two car garages. She noted that the proposal is compatible with both the Comprehensive Plan and the zoning for the site. McMonigal described the extension of the ponding site to the north of the project and the landscape spaces that would be created throughout the site. Associate Planner McMonigal reviewed the comments from the previous meetings and a request by Homeowner's on 157th Street that driveways be extended in areas where vehicle lights would not flash into single family homes across the street from the project. A revised plan illustrating this layout was presented. City Building Official Dennis Miranowski described the alternate building materials proposed for the site and recommended that vinyl siding would be the best alternative siding for this project because: 1) Low maintenance in comparison to wood. 2) Vinyl guarantees for 25 -50 years. 3) Vinyl is more durable than aluminum and will not dent. !7 4) There is a brick base around the building which will protect the vinyl from machinery and other collision incidences. 5) The vinyl does not ripple if applied correctly. 6) The specifications for the vinyl proposed on this project are the best in the siding industry. Associate Planner McMonigal and the Planning Staff recommended approval of the changes to the landscape plan and approval of the preliminary plat and conditional use permit for alternate materials. Dan Blake, representing Centex Homes, explained to the Commission that Centex Homes would agree to the specifications for the vinyl siding but not to a specific brand. In addition, Centex is interested in completing a pond area landscape plan that can be maintained by the project homeowner association. The landscape plan would include topsoil plantings and seeding and would be cared for in a natural state. Member Norris explained that he appreciated the way the applicant has modified the plans to meet the criteria of the City codes as well as the work with the Planning Commission. MOTION: Member Churchill moved, seconded by Member Norris to recommend approval of the preliminary plat for Cedar Pointe townhomes with changes recommended by the Staff. The motion carried 4-0 -1 (Blundetto abstained). MOTION: Member Churchill moved, seconded by Member Gowling to recommend approval of a conditional use permit for alternate building materials (vinyl) with specifications as per the building officials recommendation. The motion carried 4-0 -1 (Blundetto abstained). MOTION: Member Churchill moved, seconded by Member Norris to recommend approval of the site plan and building permit authorization with driveway and landscape plan changes as per the staff report. The motion carried 4-0 -1 (Blundetto abstained). 6B. Firestone Tire & Automotive Store - Site Plan and Building Permit Authorization, Sideyard Setback Variance LOCATION: 7660 150th Street West PETITIONER Firestone Apple Valley (PC93- 008 -BV) City Planner Richard Kelley provided a background report in which he summarized the changes to the building and the site plan based upon the needs to reconstruct the building after a major fire. He noted that the site is currently zoned for retail business and the comprehensive plan states that the site should be utilized for a shopping center. The project is consistent with the foundation plan for the previously approved building, but does require a 5' sideyard setback variance along the west side of the building. This will allow the building to set within 10' of the west side property line. Kelley described the tire storage area which will be moved to a different screened location which will not create a line of sight traffic problem. In addition a joint trash enclosure area for fire stone and the Edina Realty building to the west will be considered by both owners. Chairman Felkner and Member Blundetto asked for clarification regarding utilities and storm sewer in the area. A general discussion ensued regarding the need for private grading and paving to correct any drainage problems on private property. n City Planner Kelley stated that the Staff recommended approval for the building permit authorization and the variances needed. Mike Achim, representing Firestone, stated that Firestone will work with the City to make the modification necessary to bring the building up to code compliance. In addition he will contact Edina Realty regarding trash enclosures and drainage in attempt to work out any problems that the two property owners may have. MOTION. Member Blundetto moved, seconded by Member Gowling to recommend approval of the sideyard setback variance of 5. The motion carried unanim ously 5 -0. MOTION: Member Blundetto moved, seconded by Member Churchill to recommend approval of the site plan and the building permit authorization for the building as per the Staff recommendation. The motion carried unanimously 5-0. 7. SKETCH PLAN REVIEWS A. Joint Park 'N Ride & Commercial Development Adjoi Christus Victor Lutheran Church LOCATION: East Side of Pennock Avenue at 128th Street West PETITIONER Minnesota Valley Transit Authority and Art Eaton City Planner Richard Kelley provided a background report in which he reviewed a sketch plan for a joint development between the Minnesota Valley Transit Authority and Art Eaton, a private developer. The proposed development would be located on the east side of Pennock Avenue at 128th Street, directly south of the Christus Victor Lutheran Church. It would consist of a 200 car expansion of an existing Minnesota Valley Transit Authority Park 'N Ride lot and a single convenience retail center of about 10,000 square feet in size with motor fuel sales. Kelley noted that the current comprehensive plan designates the site as a commercial convenience center, while the zoning ordinance designates the site for neighborhood convenience center. This project is consistent with both the Comprehensive Plan and the zoning. Christus Victor and Art Eaton jointly own the land. Cross parking easements will be necessary. The Regional Transit Board and the Metropolitan Council are encouraging this type of mini -hub or transit node and will provide some funding for the project. Sidewalks and bicycle racks as well as other encouragement's to use Park 'N Ride will be added to the site. A sanitary sewer and storm sewer easement line run east /west through the site and may have to be moved in order for the building to be located in the proposed location. Chairman Felkner asked for clarification regarding the tenants of the building and the original location of George's market. A general discussion ensued regarding the need for a convenience store in this area. Member Gowling asked for clarification regarding the zoning on the site directly west of Pennock Avenue across the street from the proposed store. The site is currently zoned for a neighborhood convenience center ('NCC "). E•1 Chairman Felkner stated that the project is a good proposal, especially because additional space is needed for safe bus loading and Park 'N Ride areas. There is a need for a more safe design than the current facility. He asked if the hill and mature oaks along Pennock Avenue could be saved in this process. City Planner Kelley explained the site plan and responded that the oaks and the hillside would be retained and retaining walls would be placed along the east side of the hill. Bill Gardner, Minnesota Valley Transit Authority Consultant, illustrated a section and a profile of the site plan. Member Norris asked for clarification regarding the zo ning and the lot arrangement in Saddle Ridge. The Staff explained the plat. Beverly Miller, Minnesota Valley Transit Authority Director, explained that the Transit Authority will make all of the public improvements and will lease land from Art Eaton for the Park 'N Ride lot as currently proposed. Chairman Felkner encouraged the applicants to return with a formal application. 8. DISCUSSION - SET DATE FOR ANNUAL BUSINESS MEETING After general discussion, the Planning Commission agreed to schedule the annual Planning Commission Business Meeting for April 21, 1993 at the regular Planning Commission meeting. 9. OTHER BUSINESS A. Set Hearing for Comprehensive Plan Amendment on April 7, 1993 for "Profile of the City" chapter of the Comprehensive Plan. MOTION: Member Churchill moved, seconded by Member Gowling to approve a resolution establishing a hearing date of April 7, 1993 to gather public input regarding an amendment to the City's Comprehensive Plan for a section entitled "Profile of the City'. The motion carried 5 -0. 10. ADJOURNMENT The meeting adjourned at 11:15 p.m. 10