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HomeMy WebLinkAbout01/03/1990PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY January 3, 1990 1. CALL TO ORDER The January 3, 1990 meeting of the Apple Valley Planning Commission was called to order by Chairman Robert Erickson at 7:32 p.m. in the Council Chambers of the City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Carlson, Sterling, Weldon, Kleckner, and Felkner. Staff Present: Richard Kelley, Meg McMonigal, Scott Hickok, Linda Brinkhaus, Deborah Asselanis, and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved as submitted. Dennis Welsch introduced 1990 Planning Intern Linda Brinkhaus and Administrative Intern Deborah Asselanis. 3. APPROVAL OF THE MINUTES OF DECEMBER 20, 1989 The minutes of the December 20, 1989 meeting were approved as submitted. 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations.) None. 5. PUBLIC HEARINGS A. Sand and Gravel Mining Ordinance LOCATION: City of Apple Valley PETITIONER: City of Apple Valley, Minnesota (PC89- 084 -Z) Planning Commission Chairman Robert Erickson opened the continued hearing on sand and gravel mining ordinance amendments and asked the staff to present a background report. Dennis Welsch noted that the purpose of this continued hearing and ordinance was to develop standards which coincide with the sand and gravel Planning Commission Minutes January 3, 1990 Page 2 mining standards which coincide with National Standards and the Draft Environmental Impact Statement Standards, which are currently under review for a sand and gravel mining area south of County Road #42. He noted that the Planning Commission originally opened a public hearing on revisions to the sand and gravel mining ordinance on June 15, 1988. A hearing on the amendment to the comprehensive plan issues related to sand and gravel mining was also held (April 20, 1988). Copies of these meeting minutes and notes were distributed in packets to the Planning Commission and to the audience. Dennis Welsch noted that the study originally done by the Planning Staff dated May 12, 1988 included a comparison of the City of Apple Valley Sand and Gravel Ordinance with National Standards, State Programs and Rules, as well as ordinances from Cottage Grove, Maple Grove, Edina, Afton and Washington County. Dennis Welsch presented an outline of the various portions of the Sand and Gravel Ordinance and noted which sections had revised text. Planning Commission Members Erickson, Carlson, and Felkner asked for clarification regarding the enforcement procedures for the various standards in the code. A general discussion ensued regarding the State Standards, as well as local standards. Chairman Erickson invited the audience and Attorneys Jerry Duffy, representing the Consolidated End Use Sand and Gravel Mining Operators, and Jim Sheldon, representing the City of Apple Valley, to use the filed tape. A verbal verbatim tape was made of the Public Hearing and is on file in the Planning Commission meeting packet. In reviewing Sand and Gravel Ordinance Draft 7.5, the Commission reviewed each page. On page 1 - The Commission asked for clarification of purposes (a),(2) and (a),(3). Page 2, (b) - The definition of abandonment needs to be reworded to be consistent with the End Use Plan. Page 3 - The definition of completion of operations needs to be reworded to eliminate replication and the words "properly zoned property ". Page 5 - The definition stockpiling should read "storage of processed or raw materials on the site of a sand and gravel operation. Such operations may continue or be sold from the site for a maximum of eighteen (18) months after official written notice of completion of operations has been accepted by the City Council." Planning Commission Minutes January 3, 1990 Page 3 Page 8 - Item (i) - Should be revised to clarify the language regarding meeting State and Federal standards, as well as noting that a processing plant can not be completely enclosed using today's technology. Page 9, (e) - The notification process needs to be clarified to establish the correct distance for notification by the City Clerk. Page 10, Item (3),i - Mr. Duffy asked for clarification regarding the setback distance when pit -faced mining moves closer than 3,600 feet during the normal operation of the sand and gravel excavation. It was suggested that Minnesota Pollution Agency Standards for noise setbacks may be more useful. Mr. Duffy asked that the Commission consider how the sand and gravel mining operation as an industry is any different than other industries. He asked that the same hours of operation be allowed for sand and gravel operators that would be used for operations such as North Star Concrete. The Commission noted that each of the hourly requirements in Section 3 I, 3 II, and 3 ILI do allow for extenuating circumstances by stating "unless otherwise stipulated in the approved Conditional Use Permit based upon noise and air pollution control mitigation measures." Page 14, i - Exception to the setback for excavations should be noted as allowing for eighteen (18) months of excavating and eighteen (18) months of stockpiling. Page 14, ii - Should read in part as follows... "provided the maximum height of any excavation temporary crushing equipment, or temporary stockpiles located less than 1,000 feet from the property line..." Page 15, Item (6), iii - A general discussion ensued regarding the steepness of the bottom of the lake bed. Dennis Welsch noted that the Environmental Impact Statement recommends that the steeper and deeper that the lake can be, the better the water quality will be in the long run. Page 16, Item (7), Exception 2 - Should read, "In the last eighteen (18) months of operation, after acceptance of a written notice of intent to complete operations..." Page 18, Item (12) - Mr. Duffy requested the Planning Commission to consider a 300 foot long paved roadway instead of the staff recommenda- tion of 600 feet. The staff noted that the reason for 600 feet is to allow for reduced truck soil tracking onto public roads and therefore, dust blowing on public roads. Mr. Duffy stated that the EPA inspectors prefer calcium chloride treated surfaces to concrete or asphalt because it reduces dust blowing on the surface. The staff will review this infor- mation with the consultants of the Environmental Impact Statement. Planning Commission Minutes January 3, 1990 Page 4 Mr. Duffy described the operator's interest in covering trucks or reducing the amount of material that blows from trucks because of liabilities for damage to following vehicles. Page 19, Paragraph 1 - Should read "all processing equipment shall be contained within a fully enclosed building unless otherwise specified in the Conditional Use Permit and meeting Minnesota Pollution Control Agency requirements." A discussion ensued regarding the need to allow processing equipment and stockpiles to be set at the base grade elevation as soon as the base grade is established. The staff will work with the attorneys to clarify the language. Mr. Duffy noted that in the same paragraph, the language cannot read that stockpiles will be continuously sprinkled or wet to reduce wind erosion because the moisture in the stockpile will reduce the quality of the concrete mix. Planning Commission Member Carlson noted that a major concern of property owners surrounding a gravel operation is the talcum - powdered dust which blows from the edges of the stockpile. Page 19, Item (14) - Third sentence should read "all processing equipment shall be located in enclosed buildings or surrounded by berms at least thirty (30) feet in height or meet other conditions specified in the Conditional Use Permit, which allow the operation to meet Minnesota Pollution Control Agency standards regarding noise." Page 19, Item (14), Noise Levels - The source of the regulations in the noise level chart should be documented. Mr. Duffy stated that the one hundred (100) foot setback noise level is from OSHA standards, whereas the thousand (1,000) and two thousand (2,000) foot level may be from Minnesota Pollution Control Agency or the Environmental Protection Agency. This language will be clarified in the next draft. Page 21, Item (18) - A general discussion ensued regarding the requirement that stripping of topsoil should be done from November 1st to May 1st of each year, as was recommended in the Environmental Impact Statement. Mr. Duffy noted that this would require large portions of mining area to be stripped bare during the November 1st to May 1st period while only a small portion of the stripped area would actually be mined at any one time, thus exposing significant sand and gravel area to wind erosion. Further detail on this issue will be forthcoming from the consultants. Page 22, Paragraph 1 - Which states that seeding shall occur between April 15th and August 15th of any year should have some additional clause that allows an applicant to seed at any time prior to or after that date depending upon weather and other factors. This may be allowed as a condition stipulated in the Conditional Use Permit or the Excavation Permit. The text will be amended to include this. Planning Commission Minutes January 3, 1990 Page 5 Page 22, Item (g),(1), Last Sentence - Mr. Duffy asked that the Planning Commission clarify that an annual Excavation Permit does not require a formal public hearing. Page 23, Item (2), Top of Page - Mr. Duffy asked for clarification regarding the official mapping standards used and which roads would be required to be so mapped. The staff will respond. Page 23, Last Paragraph - Should read "all drainageways from impervious surfaces of the Sand and Gravel Mining End Use Plan shall be graded and drained in such a manner to direct..." A general discussion ensued regarding the overall content of the ordinance. Chairman Erickson asked for further comment from the public. There was none. Chairman Erickson closed the public hearing and requested the staff to submit revisions to the proposed ordinance to the Planning Commission at a future meeting. B. "NC" Zoning Text Amendments LOCATION: City of Apple Valley PETITIONER: City of Apple Valley, Minnesota (PC89- 085 -Z) Chairman Erickson opened the public hearing on revisions to the Neighborhood Center zoning and requested the Planning Staff to provide a background report. Community Development Director Dennis Welsch recommended that the zoning code text and maps regarding neighborhood center be amended to allow for neighborhood convenience center zoning and to consolidate the existing zones "NC1" and "NC" into a new zone called "NCC". Members of the Commission noted that this consolidation of zoning districts would allow for slightly larger developments to occur on neigh- borhood convenience center sites, but this would also allow developers to provide a better quality development. Chairman Erickson asked for comments from the public. There were none. Chairman Erickson closed the public hearing. MOTION: A motion was made by Member felkner, seconded by Member Weldon, to recommend approval of an amendment to Section A -35.1 and A -35 of the City of Apple Valley Code to allow for a neighborhood convenience center zone as per the staff recommendations. The motion carried unanimously. Planning Commission Minutes January 3, 1990 Page 6 6. LAND USE /ACTION ITEMS None. A. Palomino Ridge Land Use Case City Planner Richard Kelley provided a background report and noted that the Planning Commission and Council must look at all elements of the Comprehensive Plan beyond simply the Comprehensive Plan map. The conclusion of the court decision was that all elements of the Comprehensive Plan must be in place when a rezoning occurs. A general discussion ensued. No action was taken. B. ZonCon 004 - Nickelson Multiple Site City Planner Richard Kelley presented a background report dated December 29, 1989 in which he reviewed the conflict in Comprehensive Plan designations for the Mickelson site. The Comprehensive Plan would allow for a density of 6 to 12 units while the current zoning on this site would allow for up to 20 units on the site. He recommended that the zoning designation be changed to either "M -5A" or "M -6A ". The Planning Commission concurred with the Staff recommendation and directed the Staff to notify the owner of the property to receive comments and then to schedule a public hearing. C. ZonCon 006 - Garden View Drive /C.R. #42 Commercial Associate Planner Meg McMonigal presented a background report. The zoning inconsistency has been cleared up and the consolidation of the ordinance into a "NCC" designation. No further action is necessary by the Planning Commission and the City Council. D. ZonCon 056 - Simon Horse Barn City Planner Richard Kelley presented a background report. Staff is to contact neighbor prior to scheduling a public hearing. 8. OTHER BUSINESS A. Designate Attendee for 1990 Goal Setting Session Planning Commission Minutes January 3, 1990 Page 7 NOTION: A motion was made by Member Kleckner, seconded by Member Sterling, to appoint Virginia Sterling to represent the Planning Commission at the January 18th and 19th Goal Setting Session. The motion carried unanimously. 9. ADJOURNMENT The meeting adjourned at 10:15 p.m. kg