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HomeMy WebLinkAbout03-01-12CITY OF LAKEVILLE Planning Commission Meeting Minutes MARCH 1, 2012 The March 1, 2012 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Commissioner Blee Commissioner Boerschel Commissioner Maguire Absent Commissioner Drotning Commissioner Grenz Ex- officio Fitzhenry Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The February 16, 2012 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed at tonight's meeting: 1. Two e -mails from Overbye Transport expressing concerns about dust and noise associated with the storage of dry Portland cement in the GCC silos (Agenda Item 6). 2. Response from GCC to the Overbye Transport concern about dust. Mr. Morey stated that Paul Reuvers will not be sworn in at tonight's meeting since the City Council will not be approving the new commission/ committee appointments until the March 5th City Council meeting. Mr. Morey stated that he would like to know Pl annin g Commissioner availability for the April 5t meeting for a possible work session to discuss the Zoning Ordinance Phase 3 amendments since the first week in April is the Lakeville public school's spring break. Planning Commission Meeting March 1, 2012 Page 2 ITEM 6. EMPIRE BUILDER INVESTMENTS, INC. Chair Davis opened the public hearing to consider the application of APPRO Development, Inc. on behalf of Empire Builder Investments, Inc. for a Conditional Use Permit to allow: 1) a building height greater than 45 feet and, 2) more than one principal building on a single parcel in the I -2, General Industrial District, located at 21790 Hamburg Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jack Matasosky from APPRO Development, Inc., representing the applicant and land owner, presented an overview of their request. Mr. Matasosky indicated that the operator of the proposed storage silos is GCC of America. GCC did send a response to the air quality concerns, but the noise issue is still being researched. Mr. Matasosky stated that GCC would be willing to either hold a neighborhood meeting or sit down with those concerned and answer their questions regarding the proposed silos. Mr. Dempsey presented the planning report. Mr. Dempsey cited the zoning non- conformities on the property that would be brought into conformance with this CUP including paving the driveway and outdoor storage areas and removing a portable office building and satellite toilet. Mr. Dempsey stated that Planning and Engineering Department staff recommend approval of the CUP, subject to the 17 stipulations listed in the February 24, 2012 planning report. Chair Davis opened the hearing to the public for comment. Mike Moyer, Vice President of Operations at Ryt Way, 21850 Granada Azienue Ryt Way is one of the largest businesses in Lakeville. They are a contract manufacturing company that produces dry food packaging. Mr. Moyer's concerns are: ➢ The height of the silos. ➢ The proximity of the dry cement storage silos and potential airborne dust impacts to the 19 make -up air handling systems on Ryt Way's roof. ➢ Potential for contamination to the food that they package for their customers. ➢ Ryt Way has achieved the highest rating in the food safety category and does not want to jeopardize this. Planning Commission Meeting March 1, 2012 Page 3 12.13 Motion was made and seconded to close the public hearing at 6:15 p.m. Ayes: Boerschel, Lillehei, Davis, Maguire, Blee. Nays: 0 Chair Davis asked that Ryt Way's concerns be addressed prior to the Planning Commission discussion. Mr. Dempsey referred to the GCC response letter that was distributed at tonight's meeting. Mr. Matasosky indicated that getting CUP approval was just the first step in the process necessary to allow construction of the silos. If the City Council approves the CUP and FAA approval is also granted, the next steps would be to apply for the MPCA and City building permits. Chair Davis asked for comments from the Planning Commission. Chair Davis stated it is important to be cognizant of the neighboring businesses, especially a food operation, and to alleviate any concerns they may have. Mr. Matasosky described the dust collection equipment that is involved in the transfer of the dry Portand cement between rail cars, the silos, and semi trucks. Mr. Matasosky further stated that he spoke with Mr. Harold Overbye regarding the concerns raised in his a -mails and determined that his concerns pertained to the experience of a friend in another city who was adjacent to a ready mix plant where the concrete is mixed in open bins. Mr. Matasosky suggested that a neighborhood meeting be held prior to City Council consideration of the CUP. He indicated that GCC representatives would be in attendance to answer any questions or concerns. Mr. Morey agreed that a neighborhood meeting should be held prior to City Council consideration and that a stipulation could be added to this effect. Any concerns raised at the neighborhood meeting would be forwarded to the City Council for their consideration of the conditional use permit application. The Planning Commission agreed that the silo height request is what they need to make a recommendation on tonight and their concern should not necessarily be what is stored in the silos provided it meets all permitting requirements. The Planning Commission wanted the following to be included as Stipulation 18: 18. Prior to City Council consideration of the conditional use permit a neighborhood meeting shall be held, with a GCC USA representative Planning Commission Meeting March 1, 2012 Page 4 present, to address operational concerns regarding dust and noise from the proposed use of the silos to store dry Portland cement. 12.14 Motion was made and seconded to recommend to City Council approval of the Empire Builder Investments, Inc. Conditional Use Permit to allow: 1) a building height greater than 45 feet and, 2) more than one principal building on a single parcel in the I -2, General Industrial District, located at 21790 Hamburg Avenue, subject to the following 18 stipulations, as amended. 1. The site and building improvements shall be developed according to the plans approved by the City Council. 2. The recommendations listed in the February 24, 2012 engineering report must be met. 3. The two storage silos shall be constructed in the location shown on the approved site plan. 4. The storage silos shall not exceed 113 feet in height. 5. No commercial signage shall be installed on the storage silos. All signage on the property shall meet the requirements of Chapter 23 of the Zoning Ordinance. 6. Authorization for the height of the storage silos will be required from the Federal Aviation Administration (FAA) prior to the issuance of a building permit for the silos. 7. The crane used to install the storage silos shall meet the requirements of the permit approved by the FAA. 8. The storage silos shall be painted gray as proposed in the conditional use permit application. 9. All drive and parking areas shall be paved including the drive used to access Lot 8 crossing 21725 Hanover Avenue. 10. Private cross access easements shall be required on the properties located at 21725 Hanover Avenue and 7870 - 218th Street prior to the issuance of a building permit. 11. All utilities shall be placed underground with the exception of the existing overhead electric power serving the property at 7870 - 218th Street. 12. Water shut -off valves shall be provided for each building on the property. 13. Curb and gutter shall be installed around the perimeter of the proposed new parking area in front of the office building. 14. All new evergreen trees shall be a minimum of 8 feet in height as required by the Zoning Ordinance. A $5,000 cash escrow or letter of credit shall be submitted to guarantee completion of the landscaping. 15. Building permits are required prior to commencing any construction on the property. 16. An MPCA permit for the dust collector is required. The use of the property shall at all times comply with all federal, state and local laws and permits. Planning Commission Meeting March 1, 2012 Page 5 17. Trash containers for the office building on Lot 8 shall be stored inside the building or in a trash enclosure in compliance with the Zoning Ordinance requirements. 18. Prior to City Council consideration of the conditional use permit a neighborhood meeting shall be held, with a GCC USA representative present, to address operational concerns regarding dust and noise from the proposed use of the silos to store dry Portland cement. Ayes: Lillehei, Davis, Maguire, Blee, Boerschel. Nays: 0 Mr. Morey extended his thanks to Mr. Matasosky for his follow up to the concerns raised by Overbye Transport. The availability of the Planning Commission members in April was discussed. The April 5tII meeting coincides with the Lakeville School District spring break so Mr. Morey needed to know if there would be a quorum that night for any regular agenda items and to see how many members would be available for a work session on Phase 3 of the Zoning Ordinance amendments. Since there were Commission members absent at tonight's meeting it was decided that the Recording Secretary would send out an e -mail to the Planning Commission members to determine their availability for April 5th. The next Planning Commission meeting is scheduled for March 15, 2012. There being no further business, the meeting was adjourned at 6:34 p.m. Respectfully submitted, Penny Brevig, ecording Secreta ATTEST: Bart 17)avX, Chair