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HomeMy WebLinkAbout04-25CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 25, 2024 Chair Majorowicz 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. Chair Jenna Majorowicz, Scott Einck, Pat Kaluza, Jason Swenson, Amanda Tinsley, Vice Chair Christine Zimmer, Patti Zuzek, Ex-Officio Jeff Hanson None : Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company; Tina Morrow, Recording Secretary to nominate Chair Majorowicz to continue office of Chair and to nominate Vice Chair Zimmer to continue office of Vice Chair, and to close the nominations. The April 4, 2024 Planning Commission meeting minutes were approved as presented. Planning Manager Kris Jenson stated that the following was distributed to the Planning Commission at tonight’s meeting: • Email from neighboring homeowner, regarding Agenda Item 6a, Superior Sand and Gravel IUP. • Agenda Item 6b, Zoning Ordinance Amendment, Revised language regarding commercial car washes in commercial and mixed-use districts. Planning Commission Meeting Minutes, April 25, 2024 Page 2 6a. Superior Sand and Gravel Chair Majorowicz opened the public hearing to consider the application of Superior Sand and Gravel for an interim use permit (IUP) for Mining and Excavation in the RM-2, Medium Density Residential District; RS-3, Single Family Residential District; RAO, Rural Agricultural Overlay District, and Shoreland Overlay District, located at 19250 Kenrick Avenue. John Fritz, Operation Manager with Superior Sand and Gravel presented a brief overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the applicant submitted an application for an interim use permit to allow mining and excavation, grading, filling, and aggregate processing operations on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. Centerpoint Energy has abandoned its 100-foot-wide utility easement and removed the high-pressure gas main in 2023, leaving a wide area of rock, gravel and sand deposit that the applicant proposes to extract, process, and export from the site. Superior Sand and Gravel has been the site operator since 2020 to complete the final stages of mining, filling and rehabilitation of the property. Superior Sand and Gravel applied for an interim use permit in 2022 to allow continuation of mining and processing that included crushing and sorting of demolition bituminous and concrete, but the City Council denied that request. The west one-third of the property is zoned RM-2, Medium Density Residential District, consistent with the 2040 Comprehensive Land Use Guide Plan. The west two-thirds of the property is zoned RS-3, Single Family Residential District. Both zoning categories are consistent with the 2040 Comprehensive Land Use Guide Plan. The property is located in MUSA Expansion Area B (2029-2038) for future development. Superior Sand and Gravel proposes to excavate, crush, and sort the various aggregate deposits in the vicinity of the former gas main easement, and estimates a two-year timeframe to excavate and sort the various aggregate by size in preparation for export and a total of five years to complete property rehabilitation. Associate Planner Dempsey outlined the hours of operation and the restrictions of the crushing operations and dust control outlined in the April 19, 2024 planning report. Noise generated from the site must be in compliance with the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency rules and regulations. Community Development Department staff recommends approval of the Superior Sand and Gravel interim use permit, subject to the nineteen stipulations listed in the April 19, 2024 planning report. Planning Commission Meeting Minutes, April 25, 2024 Page 3 Chair Majorowicz opened the hearing to the public for comment. Evan Easton - 18924 Katrine Court Mr. Easton mentioned the time frame of the proposed project, pointing out the interim use permit is for five years at which the grading is expected. He is suggesting that the project be completed prior to five years’ timeframe, due to the dust and noise in the surrounding neighborhood. to close the public hearing at 6:16 p.m. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Chair Majorowicz asked if it is possible to complete the proposed project in less than the five years’ timeframe. Mr. Fritz stated the timeline depends on market demand and the economy. • Vice Chair Zimmer inquired about a dust control requirement? Mr. Fritz stated they follow MPC dust guidelines for air quality and safety. • Commissioner Einck was concerned about the grinding/crushing operations closer to Lake Marion. • Commissioner Swenson commented on the necessity of local aggregate materials for use in area and regional construction including projects within the City of Lakeville. • Mr. Dempsey mentioned for clarification that the mining/excavation operations will be over a two year period, a presented by the applicant, and the remaining time will be for export and import of material in for the final grading. Mr. Fritz confirmed the timeline of the proposed project. to recommend to City Council approval of the Superior Sand and Gravel interim use permit subject to the following stipulations: 1. The boundaries of the processing, grading, and rehabilitation areas shall be limited to the areas identified in the approved plans. 2. Rehabilitation, grading, drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Excavation and Grading plan prepared by Sathre-Berquist, Inc., dated October 23, 2023. Planning Commission Meeting Minutes, April 25, 2024 Page 4 3. Perimeter side slopes shall be back filled to a maximum grade of 3:1 (33%). No Trespassing signs shall be installed and maintained at regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and 195th Street. 4. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 5. Only clean compactable fill shall be imported to property. 6. Demolition concrete and bituminous shall not be imported to the property nor shall crushing of such materials be permitted. 7. The on-site stormwater basins constructed in 2011 shall be inspected and certified to be functional per the approved design to prevent soil and sand sediment from discharging to Lake Marion. 8. A site improvement performance agreement (SIPA) and annual permits shall be submitted by the applicant along with security as required by Title 7, Chapter 4 of the City Code and Section 11-5-13 of the Zoning Ordinance. A security deposit shall be submitted by the operator for each acre of land remaining to be rehabilitated in an amount approved by the City Council to complete the approved rehabilitation plan. The annual permit application shall include figures stating the amount of aggregate material exported from the property and fill material imported to the property. 9. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 10. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. 11. Grading and hauling operations may occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Crushing and processing operations shall not occur on Saturdays and Sundays. 12. Operators shall comply with all applicable city, county, state, and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or processed residue shall be deposited in any lake, stream or natural drainage system. 13. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. Slopes, graded areas and backfill areas shall be Planning Commission Meeting Minutes, April 25, 2024 Page 5 surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. 14. Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the grading and rehabilitation operation. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. 15. Access to and from the site shall be exclusive to Kenrick Avenue. 16. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 17. The first 400 feet of the access road shall remain paved with bituminous and shall be swept regularly to keep gravel off of Kenrick Avenue. Kenrick Avenue shall be swept regularly as needed. Any water used by the operator that is acquired from a City water hydrant will require a permit from the City. 18. Excavation is prohibited below an elevation of 1004 (sea level datum). The mining plan shall be revised to comply with this stipulation prior to City Council consideration of the interim use permit. 19. Rehabilitation of the property shall occur no later than December 31, 2029. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the staff annual review of the Zoning Ordinance, Subdivision Ordinance, and/or City Code to address issues identified in the course of ongoing administration of the City’s development regulations and review of development applications. Mr. Licht stated that the Planning Commission held a work session on February 8, 2024 to discuss the list of topics compiled by City staff during the prior year to provide direction as to possible amendments. Mr. Licht has collaborated with City staff on drafting the proposed amendment language to address the comments provided by the Planning Commission, which are described in more detail in the April 18, 2024 planning report. Community Development Department staff recommends the approval of the proposed amendments of the Subdivision Ordinance and Zoning Ordinance as presented. Chair Majorowicz opened the hearing to the public for comment. Planning Commission Meeting Minutes, April 25, 2024 Page 6 Alexander Cecchini - 10331 204th St W. Mr. Cecchini commented positively on the annual review of zoning ordinances. to close the public hearing at 6:47 p.m. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Commission Swenson commented on the handout regarding the revised language for car washes. Mr. Licht clarified that it applies to all car washes. to recommend to City Council the adoption of the Subdivision Ordinance and Zoning Ordinance amendments of the Lakeville City Code as presented. There being no further business, the meeting was adjourned at 6:52 p.m. Respectfully submitted, Tina Morrow, Recording Secretary