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HomeMy WebLinkAbout05/12/1993PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY May 12, 1993 1. CALL TO ORDER Chairman Alan Felkner called the Planning Commission meeting of May 12, 1993 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, Len Miller and Karen Edgeton. Staff Present: Dennis Miranowski, Keith Gordon, Richard Kelley, Scott Hickok, Meg McMonigal, Michael Dougherty and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved with the addition of item 6C, the Czech driveway addition variance, being placed on the consent agenda. The motion to accept the amended agenda carried unanimously. 3. APPROVAL OF THE MINUTES OF APRIL 21, 1993 MOTION: Member Gowling moved, seconded by Member Edgeton, to approve the minutes of May 21, 1993 as submitted. The motion carried unanimously. 4. CONSENT AGENDA MOTION: Member Gowling moved, seconded by Member Edgeton, to recommend approval of a driveway setback variance based on existing physical conditions that severely limit the number of driveway alternatives to the Czech driveway, located at 112 Chaparral Drive, as per the staff report. The motion carried unanimously 7 - 0. 5. PUBLIC HEARING A. Southport Centre 2nd Addition - Preliminary Plat LOCATION: Lots 1 and 6, Block 1, Southport Centre PETITIONER: Ryan Construction Company of Minnesota Inc. (PC93- 022 -SF) 1 Chairman Alan Felkner opened the public hearing and requested that the Planning Staff provide a background report regarding the preliminary plat for Southport Centre 2nd Addition. City Planner Richard Kelley provided a background report in which he discussed the purpose of the subdivision to create separate mortgageable property upon which a new retail facility (Best Buy) could be built with common wall construction to the existing Target store. He noted that, excepting County Highway dedication of right -of -way, there were no additional dedications necessary for City purposes. There was no comment from the petitioner or the public. The Planning Staff recommended approval of the minor subdivision. Chairman Alan Felkner closed the public hearing. MOTION: Member Churchill moved, seconded by Member Gowling, to recommend approval of the preliminary plat minor subdivision with the adjustment as per the County Plat Commission for county highway right -of -way along Cedar Avenue. The motion carried unanimously 7 - 0. 6. LAND USE /ACTION ITEMS A. Comprehensive Plan Amendment, Rezoning from "A" to "SG ", and Conditional Use Permit for Sand & Gravel Mining LOCATION: 300 Acres South of CR #42 along Pilot Knob Road PETITIONER: Fischer Sand & Aggregate Co. (PC93- 006 -PZC) (i) Conditional Use Permit for Sand & Gravel Mining Presentation by City Attorney (ii) Comprehensive Plan Amendment and Rezoning from "A" to "SG" Presentation by City Planning Staff (iii) Background Information Chairman Alan Felkner described the information reviewed for this meeting and a letter from Council Member Tom Goodwin, explaining the informal communications group that had completed its review. Chairman Felkner asked that a copy of the letter to the Commission explaining the purpose of the group be placed in the minutes (see attachment). City Planner Richard Kelley provided an overview of the project request: 1) Amendment to the text of the Comprehensive Plan. 2) Amendment to the Comprehensive Plan Map. 3) Rezone to "SG ". 4) Issue a Conditional Use Permit for,sand & gravel mining. 5) Approve an annual excavation permit. 2 City Planner Kelley described the site, noting that the Comprehensive Plan designation for the area is a combination of low density and moderate density housing and a smaller area for park and school designations. The current zoning on the site is agriculture. Kelley briefly described the existing and the proposed mining areas and the impact of mining on existing residential areas. He described the Fischer operations plan and the Phase 1 of Stage 1 plans. Member Gowling asked how long other operators will remain in the area. The Staff responded that the other operators have no time line for reclamation other than completion of the material mining or poor market conditions. Michael Dougherty, City Attorney, provided an overview of the Conditional Use Permit. Chairman Felkner explained that he asked Mr. Dougherty to discuss the Conditional Use Permit at this time in order to review the detail of the possible permits prior to making a decision on the Comprehensive Plan. Dougherty provided an opening statement and distributed it to the Commission members. He then discussed the elements of the Conditional Use Permit. 1. Plans 2. Responsibility to comply with regulations 3. Responsibility to comply with all other laws 4. Obtain annual excavation permit 5. Hours of operation 6. Use of explosives 7. Mining setback area 8. Reopening closed cell 9. Imported material 10. Stockpiling of material and /or minerals 11. Stockpiling elevation 12. Sales in central processing area 13. Structure in central processing area 14. Conveyor trench 15. N. 550 ft. of parcels 1 -3 16. Safety fencing 17. No mining until reclamation 18. Berming prior to development 19. 25 -acre limit 20. Road surfacing 21. Watering for dust control 22 -33. Enforcement 3 Chairman Felkner asked why it would take an additional 60 days to improve paving on a haul road. He expressed an opinion that 60 days may be excessive. Member Miller asked if 30 days was excessive for correcting mistakes or errors in the administration of the Conditional Use Permit. He asked how repairs and /or enforcement can be done more quickly. Mr. Dougherty responded that the City could ask the courts for quicker action. Member Churchill asked if the Conditional Use Permit affected or insured the closure of existing gravel pits north of County Road 42 /150th Street. Mr. Dougherty responded that there is no connection between the pits north of County Road 42 and those south of County Road 42. Member Churchill asked if a Comprehensive Plan Amendment would be needed north of County Road 42 in order to insure that mining activities do not continue. Member Gowling asked if the regulations proposed in the Conditional Use Permit would regulate more than the four parcels that Fischer proposes for mining at this time. Dougherty responded that it only applied to the Fischer site. Chairman Felkner asked for clarification regarding the time frames as to when the Conditional Use Permit would become effective. Mr. Dougherty responded that the Conditional Use Permit becomes effective upon approval by the City Council. Excavation permits and regulations relating to the excavation permits could change annually as needed. Chairman Felkner asked if the Conditional Use Permit went into effect, would it supersede old regulations and would future regulations be negated by the adopted Conditional Use Permit. Mr. Dougherty responded that the Conditional Use Permit will be the primary regulation for the Fischer site. He stated that operations and excavation changes may occur through an annual excavation permit but that changes to the Conditional Use Permit could only occur through an amendment to the permit itself. Chairman Felkner asked if there was anything that could be done to open the opportunity for tighter regulations in the future, should they become available. Mr. Dougherty responded that the only method of amending the Conditional Use Permit was through the normal channels of public hearing and amendment approval. City Planner Richard Kelley provided background information regarding the Comprehensive Plan text amendment proposed for this application. The text amendment included the following: 1) The proposal must be more proactive to gravel redevelopment. 2) The text of the plan references the need for an Environmental Impact Statement within the study area. 3) The text refines the conditions of the mining operation. 4) The text changes references regarding the mining application "window' which would allow applicants to apply until January 1, 1995. 5) The Comprehensive Plan Map would be changed to designate the Fischer G! property for temporary or interim sand and gravel mining operation as a land use. Kelley described the trade -off of residential impacts from the geographic information study on the existing versus the proposed mining operation. He noted that twice as many residents are near the existing mining operation than the proposed mining area. He also noted that the new mining area would be more strictly regulated, and thus would have fewer impacts than those experienced at the existing operation. City Planner Kelley explained that other background information was also available in the Planning Commission packet including: 1) A Fiscal Impact Study 2) A Pipeline's Response 3) Sewer Capacity Study 4) A Matrix of Decision Making for the Planning Commission 5) Questions and Answer Series from the Staff and the Developer Member Edgeton asked if pipelines had been moved or excavated in other portions of Apple Valley prior to this application. Dennis Miranowski, Assistant Public Works Director, responded that there are many locations within the City where pipes have been moved or excavated around. Keith Gordon, City Engineer, stated that in many cases the City has dug under the pipelines to install additional City water or sewer pipes and estimated there were approximately 100 incidences where this has now occurred. Jerry Duffy, attorney representing Fischer Sand & Aggregate, stated that Fischer has lowered a Williams Pipeline in the area north of 150th Street but south of 145th Street. In addition, Fischer will lower the existing pipelines north of 140th Street. Kristen Regina, engineer representing Fischer Sand & Aggregate, stated that a pipeline, when lowered, simply means that it is reconstructed on another route parallel with the existing line and tapped into the existing line at points beyond the area where the new pipe is lowered. Member Edgeton asked for clarification regarding the age of pipeline in the area. She asked if new pipeline would be stronger and more environmentally sound. The Staff and consultants responded affirmatively. Member Edgeton asked if there was any indication that housing had been built after the mining had been in place north of 140th Street. City Planner Kelley responded that all of the housing surrounding the existing pits north of 140th Street were built by Orrin Thompson after the mining had commenced. City Planner Kelley explained the Staff recommendation, noting that the proposal can be accommodated within the framework of the current ordinance regulations in quantifiable 5 environmental quality thresholds. He stated the impacts are minimized through the limitation of active mining to a single 25 -acre cell at any one time. The mining will allow access to valuable regional resources, as well as allow the existing operations north of CR #42 to be redeveloped for residential, commercial and light industrial uses adjacent to the downtown commercial area. The Staff recommended approval of: 1) An Amendment to the Comprehensive Plan Text and Land Use Guide Plan 2) Approval of the Rezoning to Sand and Gravel 3) Approval of a Conditional Use Permit for Sand and Gravel as per the City Attorney's Draft Member Churchill asked how many acres north of 150th Street are currently open. The Staff and Applicant responded there are 425 acres currently open. She asked how many acres would be opened south of 150th Street at any one time. The Staff responded approximately 50 acres. Member Churchill asked how the City can require the 425 acres north of 150th Street be reclaimed. Mr. Dougherty responded that it was unclear whether the City had the ability to require reclamation of the 425 acres since many of those acres are regulated by a court stipulation and agreement. Chairman Alan Felkner described the schedule of actions that may occur regarding the mining review and approval. He estimated that this project would be placed on the City Council's agenda on May 27th. MOTION: Member Edgeton moved, seconded by Member Miller to amend the Comprehensive Plan as per resolution 1993- 5/12/A, thereby designating certain lands owned by Fischer Sand & Gravel for temporary mining designation and amending the text of the City of Apple Valley Comprehensive Plan regarding sand and gravel policies. Chairman Felkner stated that he opposed the use of the land for sand and gravel, noting that it was not the best land use. Member Norris stated that Comprehensive Plan has been available to the citizens and unless there are overriding circumstances, it should not be changed. He stated it was not in the best interest of Apple Valley to change the Comprehensive Plan designation to sand and gravel. Member Norris also stated that the City has grown around the property and there have been more homes built in the area, thus assuring more property owners that future mining in the area would not occur. He noted that the applicant could have applied for mining in this area earlier in the history of the City. Member Norris stated that the City has long ago grown past being a one - industry community in that it is now a good place to live. This proposal jeopardizes the good place to live. In addition, there are no conditions to reclaim the 400 acres north of CR #42. Member Norris stated he will not vote in favor of amending the Comprehensive Plan. Member Edgeton stated that the 4 -5 years spent reviewing an Environmental Impact Statement has helped answer the environmental and health issues. She also noted that 2 sanitary sewer is not available to the proposed gravel area and, therefore, it could not be developed. She felt that gravel mining is a land bank concept to preserve the land for later development. In addition, gravel is a metropolitan resource. Member Len Miller stated that he agreed with the reasoning discussed by Member Norris, noting that there are better uses for the site. He stated that if the City must go to court on this case and the City loses, the City will have no control over potential mining activity on the site. He expressed concerns about property values, environmental degradation, and residences in the area. Member Miller stated he would support the issue because it regulates the applicant as stringently as possible and still provides for a peaceful coexistence. Member Churchill stated that the issue was larger than a single piece of property being considered at this time. She urged the Commission to consider the issue from the greatest benefit to the largest populations, noting that the existing gravel areas are much larger. She also expressed concern about sending this issue to the courts, preferring instead to make the decisions in Apple Valley. Member Blundetto stated that he cannot support this plan as the best use of the land. Member Gowling stated that the Planning Commission's mission is to deal with land and land use and she cannot promote sand and gravel mining in the area. MOTION: (continued) Chairman Felkner called for a vote on the motion to adopt a resolution amending the Comprehensive Plan and Guide Plan Map. The motion failed with 3 members in favor (Churchill, Miller and Edgeton) and 4 members opposed (Norris, Blundetto, Felkner and Gowling). No further action was taken on this issue. 6B. Northern Natural Gas Co. - Site Plan Review and Building Permit Authorization LOCATION: 8125 - 150th Street PETITIONER Northern Natural Gas Co. (PC93- 019 -B) Associate Planner Scott Hickok explained that Northern Natural Gas has requested the Planning Commission to withhold further discussion of this issue until the next available Planning Commission meeting, at which time complete architectural plans will be available. No further action was taken by the Commission at this time. 6D. Lakeside Setback Variance for New House LOCATION: 4831 Dominica Way West PETITIONER: Doug Dudgeon (PC93- 023 -V) City Planner Richard Kelley provided a background report in which he described a variance request by Doug Dudgeon from the required 75 foot setback from the ordinary high water mark of Farquar Lake as established by the Department of Minnesota Natural 7 Resources. The purpose of the setback variance is to allow for construction of a new house on a vacant lot at 4831 Dominica Way West. The Comprehensive Plan and Zoning are consistent with the proposed use. The shoreland zoning regulations required review by the Department of Natural Resources. Mr. Kelley handed out a Department of Natural Resources Report dated May 12, 1993, noting that the DNR is not opposed to the variance request. Dennis Miranowski, Assistant Public Works Director, stated that the Public Works and Engineering Staff have reviewed and approved the height of the structure above the flood levels. The Staff recommended approval of the horizontal and any necessary vertical variance in order to meet the requirements of the shoreland and DNR standards. Member Edgeton asked for clarification regarding the need for variances from Dominica Way. Rick Kelley responded that the site lines along Dominica Way would be diminished if a house were placed closer to the street. MOTION: Member Gowling moved, seconded by Member Edgeton, to recommend approval of height and setback variances for the Doug Dudgeon house to be constructed at 4831 Dominica Way West as per the Staff recommendations. The motion carried 7 - 0. 7. DISCUSSION ITEMS A. Received the report and set hearing for the Dakota Electric /Cooperative Power Overhead Utility Line & Substation. Associate Planner Meg McMonigal introduced the Dakota Electric and Cooperative Power Corridor Study. She reminded the Commission that it must formally establish a public hearing date for both the Substation and the Utility Corridor Amendment to the Comprehensive Plan. Randy Poulson, representing Dakota Electric, provided a background report dated May 7, 1993, in which he described 17 questions and answers requested of him by the Planning Commission at their April 21, 1993 meeting. Member Churchill was excused from the meeting. Member Norris was excused from the meeting. Randy Poulson noted that Dakota Electric will hold an Open House on May 26 - 27, from 5:00 p.m. to 8:00 p.m. at the County Library to review the alternative alignments with property owners in the area. Chairman Felkner asked for clarification as to why a substation could not be placed at the Zoo site since the Zoo is the single largest user in the northern portion of Apple F Valley. Poulson responded that the Zoo will not allow placement of a substation on their property. Chairman Felkner asked why the Cedar Avenue alternative was not thought of more favorably. Poulson responded that Cedar Avenue is a limited access highway which restricts the use of the road for power lines. Chairman Felkner asked why hadn't DEA looked at sites further to the east in the community. Member Blundetto asked for an analysis of the routes along the east side of the community. Randy Poulson responded that an initial study had been done and determined that lines from the east were not feasible at this time, however, at a future date the east side lines will be considered. MOTION Member Gowling moved, seconded by Member Edgeton to adopt resolution no. 1993 - 5/12/13, setting a public hearing for June 2, 1993, regarding an Amendment to the City's Comprehensive Plan for Utility Corridors. The motion carried 5 - 0. 8. OTHER BUSINESS A. The Planning Commission received notice of a joint meeting with the City Council and the Economic Development Committee to be held on May 13th, beginning at 6 :00 p.m. in the City Hall. B. MOTION: Member Gowling moved, seconded by Member Edgeton to adopt resolution 1993- 5/12/C, establishing a public hearing for the Apple Valley Capital Improvements Program for 1994 -2000, to be held on June 2, 1993. The motion carried 5 -0. The meeting adjourned at 11:13 p.m. N