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HomeMy WebLinkAbout01/17/1990PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY January 17, 1990 1. CALL TO ORDER The January 17, 1990 meeting of the Apple Valley Planning Commission was called to order by Chairman Robert Erickson at 7:36 p.m. in the Council Chambers of the City of Apple Valley City Hall. Members Present: Members Absent: Staff Present: Others Present: 2. APPROVAL OF AGENDA Chairman Erickson, Members Carlson, Sterling, and Kleckner. Members Gowling, Weldon, and Felkner. Richard Kelley, Meg McMonigal, Scott Hickok, Linda Brinkhaus, Kurt Chatfield, and Dennis Welsch. Randy Erickson. The agenda was approved as submitted. 3. APPROVAL OF MINUTES OF JANUARY 3, 1990 The minutes of the January 3, 1990 meeting were approved with the following correction. On page 7, paragraph 1, the motion should read "A motion was made by Member Kleckner, seconded by Member Carlson, to appoint Virginia Sterling..." MOTION: A motion was made by Member Sterling, seconded by Member Carlson, to approve the minutes with the correction noted earlier. The motion carried unanimously. 4. CONSENT AGENDA None. 5. PUBLIC HEARINGS None. Planning Commission Minutes January 17, 1990 Page 2 6. LAND USE /ACTION ITEMS A. Sand and Gravel Mining Ordinance LOCATION: City of Apple Valley PETITIONER: City of Apple Valley, Minnesota (PC89- 084 -Z) STAFF REPORT: January 11, 1990 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch provided the background report on the progress made to update the sand and gravel mining ordinance to include revisions suggested at the public hearing held on January 3, 1990. A new draft, which included the suggestions from the January 3, 1990 meeting (draft 7.6), was discussed in detail. Welsch noted that in the future the ordinance may need additional amendments to clarify noise standards for individual pieces of equipment and further standards related to the use of calcium chloride for dust control. A general discussion ensued regarding the need to update the current ordinance because of its' inadequate performance standards. Many Commission Members noted that there may be a need in the future to again review the sand and gravel ordinance and add or delete additional standards as may be suggested by the agencies who review the EIS. Chairman Erickson and Member Carlson stated that they prefer to see the ordinance as proposed on the books and amended at a future date as necessary. Member Kleckner asked if there was a sense of urgency on the part of the sand and gravel operators. Dennis Welsch responded that the gravel operators have been cooperative and have not pushed the issue of upgrading the sand and gravel ordinance. The commission itself has been the motivating force to upgrade the ordinance. Member Carlson suggested that if the City adopts the proposed ordinance, it would provide some consistency in future sand and gravel operations if the consolidated end use operators should split and attempt to apply for end use plans individually. Member Sterling stated that it may be helpful for other sand and gravel operators beyond the Fischer operation to have this new ordinance on the books so that when they apply as a consolidated end use operation, all of the owners will know the standards that the City will require in the end use and reclamation plans. The Commission then reviewed the changes submitted in draft 7.6 clarifying issues from the January 3, 1990 public meeting. They requested that the language on page 10 (g) be clarified to read "...Proposed central processing site or within 350 feet of the property lines of the proposed Planning Commission Minutes January 17, 1990 Page 3 district and conditional use permit area, which ever is greater, and the adjacent city clerk's business address, at least 30 days..." On page 19, number 12, the Commission requested that the statement read "All unpaved access roads shall be treated with a dust retardant on a regular basis as stipulated in the annual excavation permit." MOTION: A motion was made by Member Sterling, seconded by Member Carlson, to recommend adoption of sand and gravel mining ordinance draft 7.6 to the City Council as an amendment to the City Code. The motion carried unanimously. The Commission also noted that they will revise the sand and gravel mining ordinance draft 7.6 (if adopted) at such time as the final comments have been received and approved on the environmental impact statement if necessary. The Commission is concerned about providing consistency of thought and regulation from the environmental impact statement and comprehensive plan to the sand and gravel mining ordinance. B. Sand and Gravel Mining - Comprehensive Plan Amendment LOCATION: City of Apple Valley PETITIONER: City of Apple Valley STAFF REPORT: January 17, 1990 by City Planner Richard Kelley City Planner Richard Kelley in a report dated January 17, 1990 reviewed the proposed text amendments to the City of Apple Valley comprehensive plan for sand and gravel operations dated June 7, 1988. He noted that there were seven (7) specific conditions under which new or expanded mining operations would be permitted south of County Road #42 in this text amendment. They include: 1. Phase -out of certain operations north of C.R. #42. Continuing operations to comply with performance standards to alleviate nuisance characteristics via appropriate stipulated agreements. 2. Submission of overall finish grading /restoration plans for the area south of C.R. #42. 3. Creation of adequate buffer areas adjacent to new /expanded operations. 4. Construction of a new interchange at C.R. #46 and U.S. T.H. #35 for use by gravel trucks. 5. Detailed environmental review(s). Planning Commission Minutes January 17, 1990 Page 4 6. Evaluation of the impact of such operations upon the timing and operation of basic city infrastructure (streets, water, sanitary sewer and storm sewer). 7. Evaluation of the impact of such operations upon the relative fiscal health of the city. Member Erickson expressed concern regarding a premature approval of a comprehensive plan text amendment for gravel south of County Road #42. He stated he was not ready to endorse this issue until the environmental impact statements and applications for such an amendment have been placed before the Commission. Member Kleckner asked if there had been a legal review of either the comprehensive plan or the draft zoning code. Dennis Welsch responded that the legal reviews will be done after the Planning Commission has adopted ordinances and comprehensive plans, but before they have been reviewed by the City Council. Member Carlson noted that the City does need a text amendment regarding sand and gravel and it does need a map amendment designating the sand and gravel areas. However, this may be premature because the environmental impact statement on sand and gravel will be held on January 23, 1990. He would prefer to table further action until after the environmental impact statement review process is complete. MOTION: A motion was made by Member Carlson, seconded by Member Kleckner, to table the sand and gravel comprehensive plan text amendment to a future date after the completion of the environmental impact statement process. The motion carried unanimously. C. Tax Increment and Master Development District Text Amendments Community Development Director Dennis Welsch provided a verbal report in which he described the need to amend the text of the tax increment private development agreement with the WIRSBO Corporation. This text amendment would include as eligible costs for reimbursement through the tax increment program the following items: pond dedication fees, park dedication fees and road impact fees. A general discussion ensued regarding the impact that changes to the financing package and text amendments would have on WIRSBO and other Downtown /Master District projects in the community. MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to reaffirm the Planning Commission's previous Resolutions. Planning Commission Minutes January 17, 1990 Page 5 regarding the WIRSBO and related Downtown /Master District proposals stating that the amendments proposed in January 1990 are consistent with the City's comprehensive plan and zoning code. The motion carried unanimously. (Welsch will continue to update the Commission on these amendments at future meetings.) DISCUSSION ITEMS - Verbal A. Annual Report of Planning /Development Department Dennis Welsch provided a background report on the activities of the Planning Department during 1989 and noted that the staff had completed over 120 assigned tasks, as well as servicing approximately 110 planning requests from the public. 1989 was the single busiest year in terms of work assignments and planning requests for the Planning Commission and Staff. Welsch also provided information on the amount of development that actually occurred in 1989, noting that the 73.2 million dollars of new development completed during the year was the second highest investment of new development in the community. Only 1987 exceeded this total. Associate Planner Scott Hickok provided a code enforcement program that the staff has been 1989 year. The City has serviced over 335 code those, over 77% have been resolved. Weeds, cars, the biggest code compliance issues. However, tl the community matures. Hickok distributed the ar the Planning Commission. It was placed on file. B. Citizen's Survey background report on the administering during the compliance requests. Of and signs continue to be lose issues may change as nual compliance report to Associate Planner Meg McMonigal provided the Planning Commission with a verbal report on the progress in completing a citizen's survey. She noted that a citizen's survey which will initially be sent to a random sample of 2,000 households in the community will cost between $12,000 and $14,000. The source of those funds at this time has not been identified. There appears to be support among the City Staff and Administrator to complete the survey this year. More discussion will occur regarding this survey at the City Council Goal Setting Sessions to be held January 18th and 19th. McMonigal noted that one potential source of funding for the survey is a Community Development Block Grant. She discussed in some detail the need for a survey and the contents of the questions in the survey. McMonigal noted that the survey format should be completed within the next few weeks and will be reviewed by the Planning Commission prior to being sent to the citizens. Planning Commission Minutes January 17, 1990 Page 6 C. Economic Development Authority Community Development Director Dennis Welsch provided a verbal report on the City Council action to establish an economic development authority. D. EIS - Fiscal Impacts City Planner Richard Kelley provided a verbal report regarding the fiscal impacts noted in the sand and gravel mining environmental impact statement and specifically highlighted issues concerning tax capacity, service costs, property values, wage and employment issues, and growth and density of new development in the community. A general discussion ensued regarding the availability and usefulness of the fiscal impacts study. City Planner Richard Kelley noted that he will be working with the consultants to clarify fiscal impact issues in the environmental impact statement. System Statements Associate Planner Meg McMonigal reported that the Metropolitan Council mandatory system statement review will require the staff to prepare an update to the transportation section of the system statement and an amendment to the City's comprehensive plan. City Planner Richard Kelley noted that review of the City's sanitary sewer plan will be necessary. OTHER BUSINESS A. Member Sterling stated she will miss the first meeting in February and asked that the Vice -Chair (Carlson) sign any plats or other documents necessary when she is absent. B. Non - acceptance of Annual Salary Increase MOTION: A motion was made by Member Kleckner, seconded by Member Sterling, to not accept the annual salary increase designated for the Planning Commission. The motion carried 3 - 0 with Member Carlson abstaining. For the record, it should be noted that the Planning Commission receives no salary 9. ADJOURNMENT kg The meeting adjourned at 9:50 p.m. There was a verbatim tape made for issues up through and including Items 6A, 6B, and 6C.