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HomeMy WebLinkAbout08-22-13CITY 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; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The August 8, 2013 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Four a -mails from local residents regarding Agenda Item 5, Midwest Asphalt Corporation IUP Amendment. Mr. Morey reminded the Planning Commission that there will be a work session immediately following tonight's meeting. 5. Midwest Asphalt Corporation Chair Lillehei opened the public hearing to consider an amendment to Interim Use Permit No. 11 -01 that would allow import and placement of fill material and loading of aggregate products on a 24 hour basis, seven days per week. The property is located east of Interstate 35 and north of 195 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 a -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, and the placement of lighting behind tree lines or berms so the light does not shine on the neighboring residential properties. Regarding dust, Mr. Bury indicated that they have a water truck on site at all times and use it often. The water comes from Midwest Asphalt's on -site pond. For questions regarding crystalline silica, Mr. Bury referred people to the Minnesota Pollution Control Agency website. He indicated that this type of testing is done predominantly with quartz mining. Midwest Asphalt is well below dangerous levels of silica. Chair Lillehei asked Mr. Bury to explain the lighting that is proposed on -site. Mr. Bury explained that it would be portable lighting that can be directed right where it is needed, similar to what the highway department uses when there is road construction at night. The generators that power the lights are quiet and efficient. The lights and generators would sit down in the low area and be shielded by existing berms and trees. Chair Lillehei confirmed with Mr. Bury that Midwest Asphalt would not do any fill work west of the pipeline. Mr. Bury was also asked by Chair Lillehei to explain opacity. Mr. Bury explained that opacity is a measure for dust at transfer sites on a piece of equipment. He indicated that the PCA visually measures the level of light striking the dust and how much light is transmitted through the dust. Daniel Licht presented the planning report. Mr. Licht stated that Midwest Asphalt Corporation has an interim use permit (IUP) approved by the City Council on March 7, 2011 to allow gravel excavation from their property. He indicated that the IUP supersedes a conditional use permit for mining operations at this site that was approved in 1993. Mr. Licht stated that Midwest Asphalt Corporation is requesting an amendment to the UP 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 UP 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 specified by the original approved IUP. Mr. Licht commented that Midwest Asphalt will need to comply with MPCA noise regulations and the applicant needs to make every effort to minimize the noise. Mr. Licht commented that expanding the hours of operation has the potential to expedite completion of the excavation plan and restoration of the site prior to the termination of the IUP on December 31, 2021, but would be subject to market demand for the aggregate. He indicated that allowance of the expanded hours would be subject to screening, limits on the noise, lighting and haul routes, which are all reviewed in the August 13, 2013 planning report. Mr. Licht concluded that the expansion of the allowed hours of operation requested by Midwest Asphalt Corporation can be reasonably accommodated with the proposed additional six stipulations as listed in the August 13, 2013 planning report. Mr. Licht read each of the stipulations. Chair Lillehei opened the hearing to the public for comment. The following people spoke during public comment: Tom Bochinski, 19059 Orchard Trail John Osborne, 18932 Katrina Court Evan Easton, 18924 Katrina Court Angela VandenBusch, 19371 Jersey Avenue Jennifer Vogen, 19049 Orchard trail Their concerns were: ➢ Reduced quality 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 if Midwest Asphalt is in compliance with their current IUP. Mr. Dempsey stated that he is not aware of any violations of the stipulations approved with the IUP. Commissioner Reuvers asked Mr. Bury to come forward and explain the restoration plan, which he did. Mr. Bury also indicated on the restoration plan that natural berming (which are earthen 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 thinner tree line along a portion of the north side. Mr. Bury explained the restoration /reclamation plan and how the areas already mined on the property are being restored consistent with the approved restoration plan. Mr. 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 in place for grading that will allow for future urban development of the site consistent with the Comprehensive Land Use Plan. Mr. Dempsey indicated that a security bond has been submitted by the applicant so that if the project is abandoned, the City can fund the restoration of the site. Mr. Bury indicated that it will prolong the restoration process if they are unable to work the overnight hours. The restoration process is based on market conditions, but it is to Midwest Asphalt's interest to finish sooner rather than later. Commissioner Grenz 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 the restoration would be complete. Break at 7:57 Reconvened at 8:05 Commissioner 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 and the City Council have the right by the Zoning Ordinance to revoke the interim use permit for non- compliance with the terms of the approved permit. Staff could review the number of complaints and issues that have arisen at the time the annual mining permit comes up for renewal in February or March and report it to the City Council. The following were recommended amendments to the stipulations: 4. Operations shall be performed between 7:00 a.m. and 7:OOp.m. Monday through Saturday with no rock crushing to occur on Saturday, as well as the loading of stockpiled material for export and the importation and placement of fill in accordance with the approved restoration plan (but not 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 procedure for responding to issues or complaints related to the gravel mining operation, which is to include the name, address and telephone number of a responsible individual accessible between the hours of 7:00 p.m. and 7:00 a.m., sever days a week. when operations are on- going. Motion was made by Drotning, seconded by Reuvers to recommend to City Council approval of the Midwest Asphalt Corporation amendment to IUP 11 -01 to allow import and placement of fill material and loading of aggregate products on a 24 hour basis, seven days 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 7:OOPM Monday through Saturday with no rock crushing to occur on Saturday, as well as the loading of stockpiled material for export and the importation and placement of fill in accordance with the approved restoration plan (but not 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 procedure for responding to issues or complaints related to the gravel mining operation, 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 operations are on- going. 6. The hours of operation may be restricted if the City Council determines that the extended hours of operation become incompatible with surrounding uses. The 24 hours of operation per day shall be subject to annual review and approved in conjunction with the existing annual mining permit for excavation and restoration of the subject site. Ayes: Lillehei, Reuvers, Drotning, Swenson Nays: Maguire, Grenz. Both felt that the negative consequences to the neighbors outweigh the positive benefits of the extended hours of operation. Abstain: Boerschel There being no further business, the meeting was adjourned at 8:41 p.m. The Planning Commission immediately went into a work session. Respectfully submitted, Penny B , Recording Secretary Brooks Lillehei, Chair