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HomeMy WebLinkAboutItem -0503Item No. 3 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES August 22, 2013 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Jason Swenson, Linda Maguire, Bob Boerschel, Chair Brooks Lillehei, Paul Reuvers, Gerry Grenz, Karl Drotning, Ex -officio Shawn Fitzhenry Members Absent: None Others Present: Daryl Morey, Planning Director; Daniel Licht, The Planning Company; and PennyB 3. Approval of the Meeting Minutes The August 8, 2013 Planning Commi presented. 4. Announcements Mr. Morey stated that the fol Commission at tonigor p9$pting: 1. Four e-mafls"from loci l�residi Corpora o IUP Amend'' ent. ilk" Dem''psey, Associate Planner; Recordirig:ecretary inutes were approved as buted to the Planning ing Agenda Item 5, Midwest Asphalt Mr. Morey ;reminded``tla[e .f rinirig'Co-!,pion that there will be a work session immediat sti g toriiW$s meeting. 5. M West Asphalt" oration Cha'irehei opened'" public hearing to consider an amendment to Interim Use Permit *11-01 that would allow import and placement of fill material and loading of aggreg ;.productiVioin a 24 hour basis, seven days per week. The property is located east crateate 35 and north of 195th Street. Blair Bury President of Midwest Asphalt Corporation presented an overview of the request. Mr. Bury explained that they are requesting the additional night and weekend hours to service the existing night construction projects around the area. He indicated that the benefits to the City would be to expedite the restoration of the property, which is allowed by their approved IUP through 2021. He feels that they have been good neighbors. Mr. Bury commented on Stipulation 5 of the August 13, 2013 planning report. He indicated that he would be happy to include a name, address and telephone number Planning Commission Meeting Minutes, August 22, 2013 Page 2 of an individual that would be accessible for questions and comments, but he asked to have the wording changed from "between 7:00 p.m. and 7:00 a.m., seven days a week" to "when operations are ongoing." Mr. Bury addressed some of the concerns that were in the e-mails from residents that were distributed at tonight's meeting. Sound mitigation was raised as a concern including backup alarms, light beacons, tailgate banging, and engine (Jake) braking. Mr. Bury believes these are preventable. He indicated that with the right truck traffic patterns on site, backing up of trucks could be eliminated. Also, a sign could be installed that prohibits engine braking. Mr. Bury indicated:. that lighting can be controlled with good screening, educating their drivers, ate4lie placement of lighting behind tree lines or berms so the light does not shine, -64 -Abe neighboring residential properties. Regarding dust, Mr. Bury indicated that-lbby 1h4ve a water truck on site at all times and use it often. The water comes f,rQ4 lidwesfAsphaIt's on-site pond. For questions regarding crystalline silica, Mr. B* referred pEi6* to the Minnesota Pollution Control Agency website. He indi661ed that this typ�n"sting is done predominantly with quartz mining. Midwes Asphalt is well below d"" rous levels of silica. ::'w :>;. Chair Lillehei asked Mr. Bury to,,,explain the "I'Qi hf%ii+g that is proposed on-site. Mr. Bury explained that it would be p6rtable lighting" t,can be directed right where it is needed, similar to what the`i33ghWay ,.. depart meit% uses when there is road construction at night. The generators "ttia `p wer th&I hts are quiet and efficient. The lights and generators would sift"down in:_th-fow--are4,a'nd be shielded by existing berms and trees. ., •,i**` ,','; 1.4.4.'.4, .r . =`., ti.. 1� y, 1 ••"451. . Chair Lillehei co`hkmed with.>`�Mr. Bury' that Midwest Asphalt would not do any fill work west of t4�►ipeline. Mr. Burr,wasy,also as%ed y Ch air'ifeito explain opacity. Mr. Bury explained that opacit measure orA,ust at transfer sites on a piece of equipment. He indicated thaf- a PCA vis`ti'WIly measures the level of light striking the dust and how much light 1 .- ii rismitted throng >the dust':1 Danidl;1 icht presenter he planning report. Mr. Licht stated that Midwest Asphalt Corpora has an interim use permit (IUP) approved by the City Council on March 7, 2011 tW i`Ww graaygi"excavation from their property. He indicated that the IUP supersedes``a Q.ndiffinal use permit for mining operations at this site that was approved in Mr. Licht stated that Midwest Asphalt Corporation is requesting an amendment to the IUP to allow import of fill material and loading of aggregate on a 24 hour, seven days a week basis. Currently, Mr. Licht indicated that the Midwest Asphalt Corporation IUP limits operations to 7:00 a.m. to 7:00 p.m. Monday through Saturday and prohibits crushing operations on Saturdays. Mr. Licht stated that Midwest Asphalt Corporation is requesting this stipulation be modified to allow loading of aggregate and importation and placement of fill material 24 hours per day, 7 days per week throughout the calendar year. Midwest Asphalt Corporation is Planning Commission Meeting Minutes, August 22, 2013 Page 3 making this request due to construction projects within the Twin Cities Metropolitan Area occurring more frequently on an overnight or weekend basis and requires the ability to operate from the subject site at those times. Mr. Licht stated that to be sure that the expanded hours not cause a nuisance to surrounding land uses, it is recommended that operations between 7:00 p.m. and 7:00 a.m. be limited to loading of stockpiled aggregate material and that importation of fill material be stockpiled for placement and grading outside of night-time hours. Excavation and crushing of aggregate and grading of the restoration areas is recommended to be allowed only during the current hours�Wecified by the original approved IUP. Mr. Licht commented that Midwest AsphaA rivill need to comply with MPCA noise regulations and the applicant needs to -,r, , every effort to minimize the noise. .... Mr. Licht commented that expanding the h expedite completion of the excavation plan:; termination of the IUP on December demand for the aggregate. He indicate I would be subject to screening, limits on the'''n all reviewed in the August 13, 2013 planning Mr. Licht concluded that the expanses by Midwest Asphalt CorporatiO,q" Q proposed additional six.stipulationsa Mr. Licht read each ofd:st'pulations Chair Lilleheiopeir3�d the hearing to th ars;of operatiori`#as the potential to I restoration of ''6.:site prior to the 21, but would be subct to market 3t allow ace of the ek nded hours se, lighfing and haul routes, which are the allowed:- hours of operation requested i� -,reasonWV, accommodated with the d r ae; ugus�1-3, 2013 planning report. c for comment. The following pec`r06• spoke"A" r� ubl,ic comment: Tom:B&fi x9059 -Orchard Trail JQIat3='Osborne,' 1 32 Kah'na Court Elan Easton, 18924�gatriri"5-"*-�purt Angela. VandenBus&h,, 19371,J&sey Avenue Jenrii M `::Vogen, 1904 -orchard trail Their cone ns ➢ Reduced eguO of life ➢ Noise caused by engine braking and tailgate banging ➢ Dust ➢ Health issues ➢ Reduced value of homes ➢ Lighting ➢ Impacts to Lake Marion ➢ What interest does the City of Lakeville have in extending this amendment? ➢ What motivation does Midwest Asphalt have to get the restoration done? ➢ Meaning of the term "restoration". ➢ Air quality Planning Commission Meeting Minutes, August 22, 2013 Page 4 Motion was made by Reuvers, seconded by Drotning to close the public hearing at 7:12 p.m. Ayes: Swenson, Maguire, Lillehei, Reuvers, Grenz, Drotning Nays: 0 Abstain: Boerschel. Due to a potential conflict of interest Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Reuvers asked Mr. Dempsey _ #_' idwest Asphalt is in compliance with their current IUP. Mr. Dempsey stated that he is not aware of any violations of the stipulations approved-; h -0*reIUP. Commissioner Reuvers asked Mr. Bury; -t0`_1 -tome foi'uvard and explain the restoration plan, which he did. Mr. Bury also indicated on'the restoration plan that natural berming (which are eartherl'berms) surrounds 'approximately 2/3's of the property. He also showed -..'.the heavy tree line along -:_most of the northern side with a little thinnerV66,line aloe:a portion of thi-north side. Mr. Bury explained the restoratiorik-6clama#iori plan and how the areas already mined on the property are`' b :restored consistent with the approved restoration platt:___dVlr. Licht stated that Midwest Asphalt has a restoration plan that was approved by the City_and which can be reviewed at any time. There is a plan lri�:-place-46rt grading` at- will allow for future urban development of .the site consent wiiL tiae:'Gtgmprel' ensive Land Use Plan. Mr. Dempsey,Ah' #iFcoted that .-.§pcurity fond has been submitted by the applicant sp th'a't if tFie::project i&,a andoned, the City can fund the restoration of the site:: Mr. Bur"Iridicated that:it will prolong'Ahe restoration process if they are unable to work the,,,...e jg a tt s : ,The;-r+sstoration process is based on market ;..:. conditions. b &--A"i§10 Mid ii -i bhaIt's interest to finish sooner rather than Commissi6h6r Gree:,. and Commissioner Maguire were concerned about noise during" the 7:00?:p.m. to 7:00 a.m. timeframe along with not knowing exactly when they -restoration would be complete. Break at 7:51 Reconvened • Commissii"fier Swenson stated that he is a Water Resources Engineer by trade. He indicated that in all the years he has been performing water quality studies on lakes there has only been one true air pollutant to a lake, and that is mercury which usually comes from coal. Otherwise the other pollutants typically come from runoff sources or internal sources from the lake itself, not from the gravel mining. From this perspective, Commissioner Swenson did not have a concern with dust as it relates to the water quality of the lake. • Commissioner Drotning stated he is torn on this extended hours of operation request because the residents that live on the lake are subject to all sorts of Planning Commission Meeting Minutes, August 22, 2013 Page 5 restrictions to protect the lake and the quality of life and the mining operation should be subject to similar restrictions as well. He stated he understands that MnDot is trying to expedite the road projects they are working on this summer and so working overnight will accelerate this process. • The Planning Commission and Mr. Bury discussed a possible compromise that would include no overnight hours from Friday night to Sunday night. Mr. Bury indicated that MnDot typically will close roads Friday night to Monday mornings in order to expedite getting their work done on the weekends and that is when Midwest Asphalt would need to have the overnight hours. Mr. Bury instead suggested an annual limit of the number�of days they could have overnight hours. The Planning Commission ,agreed that would be too complicated to administer. • Mr. Morey explained that the Planning Commission aid the City Council have the right by the Zoning Ordinance to revoke-elhe interi ,, use permit for non- compliance with the terms of the appred permit. Staff:. could review the number of complaints and issues 't, fiave arisen at th16 time the annual mining permit comes up for renewatri' February. or March and): it to the City Council. The following were recommended amendments#ae stipulations: 4. Operations shall be per orr d:between-7;;00 a.m. and 7:00p.m. Monday through Saturday with `r ri::rock" shing to"r on Saturday, as well as the loading of stockpileii-�,mater!a€s::expo'rt===and the importation and placement;oft-ark.-accordae.niat the `pariwed restoration plan (but not compppoo i'shag= be allovvd'-bbtween 7:00 p.m. and 7:00 a.m. seven days:;avveek. 5. The op for shbil"rai aihtpin, wit1 `'4he City a procedure for responding to ti; ::;:issues or -to ptaints ~relat p'1he gravel mining operation, which is to lnciude: the""'' -0a me, address and telephone number of a responsible individb .accessible between the hours of 7:00 p.m. and 7:00 a.m., seVeR days aF when --operations are on-going. Motionl-lVas made bk Drotning, seconded by Reuvers to recommend to City Council' pproval of tf -Midwest Asphalt Corporation amendment to IUP 11-01 to allow impdit�And placement of fill material and loading of aggregate products on a 24 hour basis, seer:+drs per week, subject to the following stipulations, as amended: 1. The provisions of Interim Use Permit No. 11-01 approved by the City Council on March 7, 2011 and recorded March 22, 2011 as Document No. 2792516 shall remain in full force and effect except as specifically modified herein. 2. Noise mitigation measures between the hours of 7:00 p.m. and 7:00 a.m. shall be implemented according to the interim use permit amendment application narrative approved by the City Council, including but not limited to: a. An internal circulation pattern shall be established within the subject site allowing for one-way traffic of haul vehicles to minimize the need for reverse maneuvers, subject to approval by City staff. Planning Commission Meeting Minutes, August 22, 2013 Page 6 b. All equipment shall utilize white -noise alarms between the hours of 7:00 p.m. and 7:00 a.m., seven days a week. c. Impulse noise from sources such as dump gate slamming or engine braking shall be minimized to maintain compatibility with surrounding land uses. 3. Use of site lighting between the hours of 7:00 p.m. and 7:00 a.m., seven days a week shall comply with Section 11-16-17.A of the Zoning Ordinance and be screened from view of surrounding residential properties by placement behind stockpiles or using the existing slopes of the gas pipeline transecting the subject site east of the Phase 3 mining area, subject to approval of City staff. 4. Operations shall be performed between 7:OOAM and;7ati0PM Monday through Saturday with no rock crushing to occur on Saturdays as well as the loading of stockpiled material for export and the importatiar_<.and placement of fill in accordance with the approved restoration plan-: it�-iot compaction) shall be allowed between 7:00 p.m. and 7:00 a.m. seven -days a week. 5. The operator shall maintain with the City a.,Dfocedure for responding to issues or complaints related to the gravel mining,,o*Qra'tion, which is to -.include the name, address and telephone number of a., -responsible individual accessible between 7:00 p.m. and 7:00 a.m. when operael _;i .are on-going. 6. The hours of operation may be restrict i-1 f the: _ Council determines that the extended hours of operation_ become incompaiibie with surrounding uses. The 24 hours of operation per dad ehall be subject -4o annual review and approved in conjunction with the existing annti at mining perf4it for excavation and restoration of the subject site. Ayes: Lillehei, Reuvers;;Drotning_Svson' Nays: Maguire,-Grenz ----loth felt -,".041t the negative consequences to the neighbors outweigh; the po'sJtive benefits of the extended hours of operation. Abstain: Boersc#i�l. ther=b6siness, the meeting was adjourned at 8:41 p.m. The, Planning Commission immediately went into a work session. Resile fully submitted;,.'. Penny Brevig, Recording Secretary Brooks Lillehei, Chair Item No. 3 CITY OF LAKEVILLE PLANNING COMMISSION WORK SESSION MINUTES August 22, 2013 Chair Lillehei called the work session to order at 8:50 p.m. Members Present: Chair Brooks Lillehei, Vice Chair Bob Boer hel, Karl Drotning, Gerry Grenz, Linda Maguire, Paul Reuvers, Jason Swenson, and ex-o#WShawn Fitzhenry Members Absent: None Staff Present: Planning Director Daryl Morey, A cite Plan rank Dempsey, and planning consultant Daniel Licht of TPC Others Present: Don Maietta, Brian Winges,udrey MqJFlwain, reprellVg Heritage Mill Senior Living; and Dan Lee with Highland S'A" Ass independent ligWenior fa The Planning Com oncurred that assisted living and memory care facilities are similar in nature to a nng home and should be considered an appropriate use within the C-3 District. City staff was directed to prepare an amendment to the Zoning Ordinance to allow assisted living/memory care/continuing care facilities, subject to certain performance standards, by conditional use permit in the C-3 District. Planning Commission Work Session Minutes -August 22, 2013 Unattended Clothing Donation Boxes Page 2 Mr. Dempsey stated that Planning Department staff is receiving an increasing number of requests from both non-profit organizations and for-profit companies to place clothing donation boxes on commercial, school and church properties. He stated that the Zoning Ordinance does not specifically allow the donation boxes, which means they are prohibited as stated in Section 11-1-9 of the Zoning Ordinance. The Planning Commission expressed concerns about: Past history of unattended clothing donation boxes commercial and institutional properties in the City. Past history of non -clothing items being left at una items left next to a donation box that is full create Potential enforcement problems for City staff the donation boxes. Compatibility with the allowed Opportunities currently exist for the do the Goodwill store near the Southfork by a variety of charitable organ! tionE Chair Llllehei polled the Planning Com? Ordinance to allow unattended clothing Yes, subject to Swenson The Planning Commiss clothing don"accu them 4rements to pre box. tha entrance for addre The work session Respectfully submitted, Daryl Morey, Planning Director Brooks Llllehei, Chair Ily placed on various ing donation boxes or sance. owners of and other hou Id items at and through curbside pick-up for amending the Zoning and n support of allowing the unattended mays a Zoning Ordinance amendment to allow and only if strict performance standards are implemented is and unwanted items or waste outside the donation oxes be located within close proximity to the front perty and that the property owner also be responsible was supported by all Planning Commission members.