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HomeMy WebLinkAbout01-09-97 Ci Of Lakeville ty PLANNING COMMISSION MEETING MINUTES January 9, 1997 The meeting was called to order by Vice-Chair Rieb at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Bellows, Kowalke, Whitehouse, Rieb, Cecchini, Amborn. Absent: Miller, Wulff. Also present:. Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development. Director; Roger Knutson, City Attorney; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Donna Quintus, Recording Secretary. The minutes of the December 5, 1996 Planning Commission meeting were approved as printed. . Planning Commissioner Wu~arrived and took her chair at 6: OS p.m. ITEM 4: ANNOUNCEMENTS Community & Economic Development Director Sobota introduced new Planning Commissioner Whitey Whitehouse who was appointed to the Planning Commission by the City Council at their regular meeting on January 6, 1997. For personal reasons, David Luick decided not to apply for renewal as a regular member of the Planning Commission. Mr. Whitehouse was appointed to take the position vacated by former Commissioner Luick. Mr. Whitehouse stated he had served on the Planning Commission from 1987 to 1994 and that he was pleased to have been selected to serve on the Commission once again. The Commissioners welcomed Mr. Whitehouse. At their meeting on November 4, 1996, the City Council adopted a resolution which establishes uniform attendance requirements for advisory committees and also provides for the appointment of alternate members for advisory boards, commissions and committees. The amended attendance policy provides more flexibility by allowing excused absences. Alternates are encouraged to attend all. meetings and take part in discussions and will act as a regular voting member only in the absence of any regular committee member. Sobota expressed appreciation that Mr. Luick has accepted and will serve as the alternate for the Planning Commission. Regular Planning Commission Meeting Minutes January 9, 1997 Page 2 • ITEM S: ELECTION OF PLANNING COMMISSION OFFICERS The election of officers for 1997 was held as follows: 97.01 MOTION by Cecchini, Seconded by Amborn to elect Laurie Rieb for Planning Commission Chair. Roll was taken on the motion. Ayes: Unanimous. 97.02 MOTION by Rieb, Seconded by Cecchini to elect Howazd Amborn for Planning Commission Vice Chair. Roll was taken on the motion. Ayes: Unanimous 97.03 MOTION by Amborn, Seconded by Wulff to elect Dick Cecchini for Planning Commission Secretary. Roll was taken on the motion. Ayes: Unanimous ITEM 6: P B .I A .ARiN HOSANNA! LUTHERAN CHURCH EASEMENT VACATION Chair Rieb opened the public hearing to consider the application of Hosanna! Lutheran Church of Lakeville for the vacation of a portion of an existing drainage and utility easement located on Lot 1, Block 1, Hosanna Addition. City Attorney Roger Knutson attested that the legal. notice had been duly published as required by state statute. City Planner Daryl Morey presented an overview of the request from Hosanna! Lutheran Church of Lakeville for the vacation of a portion of a 20-foot wide drainage and utility easement which was dedicated in the final plat of Hosanna Addition. The easement extends from 163rd Street at the north side of Lot 1, across the Hosanna! Church site, to an abutting single family homestead located south of Lot 1. The easement was established to provide sanitazy sewer service to this single family dwelling. At the time of installation of the sewer line to this single family home it was determined that the residence could be better served if the sewer line was shifted to the east. The relocated segment of sanitary sewer line is centered within a new 20-foot wide drainage and utility easement that has been recorded against the property. Therefore, the applicant is requesting the .vacation of the portion of the original drainage and utility easement that is no longer needed. Assistant City Engineer Tim Hanson has. reviewed this request and recommends approval as detailed in his memo dated December 18, 1996. There were no further comments from the Commission. There were no comments from the audience. Regular Planning Commission Meeting Minutes January 9, 1997 Page 3 • 97.04 MOTION by Amborn, Seconded by Whitehouse to close the public hearing. Roll was taken on the motion. Ayes: Unanimous 97.05 MOTION by Amborn, Seconded by Wulff to recommend to City Council approval of the request from Hosanna! Lutheran Church of Lakeville for the vacation of a portion of an existing drainage and utility easement on Lot 1, Block 1, Hosanna Addition. Roll was taken on the motion. Ayes: Unanimous. Planning CommissionerMilleramived and took his chair at 6: 20 p.m. ITEM 7: PiTB .IC' H .ARiN APPRO DEVELOPMENT, INC. /ATLAS SPECIALIZED TRANSPORT VARIANCE REQUEST Chair Rieb opened the public hearing to consider the application of Appro Development, Inc., on behalf of Schubert Properties, LLC, for a variance to allow two driveway curb cut accesses in association with the construction of the r proposed Atlas Specialized Transport facility on property located on the north side of 213th Street at Heywood Avenue. City Attorney Roger Knutson attested that the legal notice had been duly published and mailed as required by state statute. City Planner Morey noted that in his November 27, 1996 planning report on the Atlas Specialized Transport conditional use permit application the need for a driveway access variance was identified. The second driveway curb cut access was originally proposed to be constructed in a future expansion phase of the development. At the December 5, 1996 Planning Commission public hearing on the Atlas Specialized Transport conditional use permit request, the owner of Atlas Specialized Transport expressed her intent to construct the second access with the first phase of development to provide for safer and more efficient traffic flow in and out of the site. Planning staff supports this request and recommends approval based on the following: 1 } The Atlas Specialized Transport property consists of two platted lots (these lots will be combined through an Administrative Subdivision process as part of the CUP and site development). If each of these lots were to develop separately there would be two driveway accesses in this location. 2) The lot is not a typically shaped lot wherein the property has a narrow street frontage and is wider to the center and rear. Regular Planning Commission Meeting Minutes January 9, 1997 Page 4 3) Two driveway curb cut accesses provide for efficient and safe on-site circulation. 4) Heywood Avenue and 213th Street are local industrial streets that form a loop street network that handles a low volume of traffic. The two proposed driveway curb cut accesses will not create a traffic safety problem for either Heywood Avenue or 213th Street. Jack Matasosky, Appro Development, Inc., was present and responded to questions and comments from the Commission regarding the proposal. It was noted that because both accesses are proposed to be constructed in the initial development phase it will not be necessary to widen the single driveway as .originally proposed. Mr. Matasosky stated that the Atlas Specialized Trucking site plan has been revised based on the discussions and recommendations from the Planning Commission at their December 5, 1996 meeting. This includes identifying the location of outside storage and the inclusion of perimeter fencing. There were no comments from the audience. 97.06 MOTION by Whitehouse, .Seconded. by Wulff to close the public hearing. • Roll was taken on the motion. Ayes: Unanimous. 97.07 MOTION by Wulff, Seconded by Kowalke to recommend to City Council approval of the Atlas Specialized Transport driveway curb cut access variance request for Lots 9 and 10, Block 4, Airlake Industrial Park Second Addition subject to the stipulations listed in the conditional use permit approved by the Planning Commission on December 5, 1996 and the Findings Of Fact as submitted by staff and dated January 9, 1997. Roll was taken on the motion. Ayes: Unanimous. At the request of Community & Economic. Development Director Sobota and after a poll of the Commissioners, it was agreed to move Agenda Item No. 9 ahead of Agenda Item No. 8 to accommodate those in attendance to hear testimony on the public hearings scheduled for this evening. ITEM 9: PiJB .I H .ARiNC APPRO DEVELOPMENT, INC. / ROGER'S AUTO SERVICE Chair Rieb opened the public hearing to consider the application of Appro Development, Inca for consideration of: 1) an amendment to Conditional Use Permit No. 94-07; 2) a Comprehensive Land Use Plan Amendment; and 3) an easement vacation. City Attorney Roger Knutson attested that the hearing notice regarding these applications had been duly published and mailed according to state statute. Regular Planning Commission Meeting Minutes January 9, 1997 Page 5 City Planner Morey presented an overview of the request from Appro Development, Inc., representing both Roger Gilb, Roger's Auto Service, and First Heritage Bank. First Heritage Bank is proposing to construct a new bank in the southwest corner of 202nd Street (CSAH 50) and Iberia Avenue on land that encompasses the undeveloped northerly portion of the Roger's Auto Service parcel and a contiguous pazcel on which anon-conforming single family house is currently located. The proposed bank site is zoned B-4, General Business District. Banks aze a permitted use in the B-4 District and would normally be reviewed administratively. However, due to the complexity of the current lot layout and ultimate lot configuration and the existing Roger's Auto Service CUP, several planning actions must occur prior to the issuance of a building permit for First Heritage Bank. An ADIVII1yISTRATIVE SUBDIVISION will be required to split off the northerly 157 feet of the existing Roger's Auto Service property. This property will then be combined with the adjacent pazcel with the non-conforming single family dwelling, addressed as 9030 - 202nd Street West, which will be removed as part of the bank project. This action can be accommodated administratively. An AMENDMENT TO ROGER' S AUTO SERVICE CONDITIONAL USE PERMIT (CUP No. 94-07 is required because the creation of the parcel for the proposed bank will cause a revision in the lot boundazies of the Roger's Auto Service parcel resulting in a reduction in the size of the parcel. The portion being split off is currently used to meet the green space requirement for the auto business. The amended CUP addresses a proposal for deferment of the required 30% green space for this major auto repair use. Mr. Gilb has an option to purchase an adjacent eight-acre parcel to the west. A combination of the Gilb property and the eight-acre pazcel (or a portion thereof) would fulfil the 30% green space requirement at this time. However, the green space would be located at the reaz of the lot.. Planning staff does not feel that the green space in the rear of the property meets the intent of the ordinance to provide a green space buffer of the automobile repair activities from public view. The amended CUP sets up the criteria for Roger Gilb's future acquisition of the eight-acre parcel and development of the deferred 30% green space by requiring Mr. Gilb to post a security that will guarantee completion of the following: 1) removal of the existing pavement/driveway/parking azea in front of the auto service building; 2) restoration and installation of landscaping. in the currently paved area (front of building) that will meet the 30% green space requirement;. 3) acquisition cost of the portion of the eight-acre parcel that will be combined with the Roger's Auto Service pazcel; and 4) the cost for the reconstruction/relocation of the paved and curbed pazking spaces to the rear of the building. In addition, the portion of the eight-acre parcel to be combined with the Roger's Auto Service parcel will be encumbered by the Roger's Auto Service CUP. Regular Planning Commission Meeting Minutes January 9, 1997 Page 6 A COMPREHENSIVE LAND USE AMENDMENT will redesignate the First Heritage Bank and Roger's Auto Service properties from mid-density residential to commercial in the City's Comprehensive Land Use Plan. Community and Economic Development staff supports the proposed land use amendment because mid-density residential would not be an appropriate land use due to the existing Roger's Auto Service and UBC commercial uses that surround the proposed bank property. DRAINAGE UTILITY AND ROADWAY EASEMENTS were obtained from Mr. Gilb at the request of the City to accommodate a future "frontage road" which would run parallel with and adjacent to CSAH 50. Because. access to CSAH 50 could be limited due to the potential future construction of a median on CSAH 50, a private frontage road would provide a means for a future full access intersection at CSAH 50 to serve Roger's Auto Service, First Heritage Bank, and future commercial uses to the west of the CSAH 50/Iberia Avenue intersection. The proposed site plan for the First Heritage Bank shifts the location of the "frontage road" to the south along the proposed shared Roger's-Auto Service/First Heritage Bank property line. This access will serve as a 24-foot wide private driveway access that will be shared byRoger's Auto Service, First Heritage Bank and future commercial uses to the west... When the property to the west develops, the future developers will be required to be included in the shared- private driveway access and maintenance agreement. The existing drainage,. utility and roadway easement proposed to be vacated is no longer needed due to the development of the First Heritage Bank site and the construction of the private shared driveway access. An existing 20-foot wide boundary drainage and utility easement is also no longer required due to the realignment of the Roger's Auto Service boundaries. New boundary drainage and utility easements will be dedicated as a part of the administrative subdivision for both Roger's Auto Service and First Heritage Bank. The First Heritage Bank site plan is in compliance with Zoning Ordinance performance standards and is a permitted. use in the B-4 District. Lot size, building setbacks, parking, and proposed landsca 'ng all meet or exceed ordinance standards. The existing non-conformin single family house will be removed prior to construction of the bank. It will a the responsibility of the developer to abandon any private well and septic system(s) that are currently located within the boundaries of the proposed bank site in compliance with state and county requirements. Jack Matasos and T i 11 A r D l m n ky odd S ede , pp o eve op a t, Mike Wafters, First Heritage Bank President, Pat Arling, First Heritage Bank Vice-President, and Dave Johnson, realtor representative for Roger's Auto Service, were in Regular Planning Commission Meeting Minutes January 9, 1997 Page 7 attendance to respond to comments and answer questions from the Planning Commission and staff. The representatives for the commercial .interests all indicated their agreement to and acceptance of the stipulations for approval of the requested planning actions as outlined in the planner's report dated January 3, 1997. The .Commission discussed at length the interior lot traffic circulation patterns of the proposed bank site and proposed access to the commercial sites. Specifically, Commissioner Whitehouse expressed his belief that the proposed access onto CSAH 50 should be removed because of his belief that traffic volumes are too high along this corridor and multiple accesses. should be restricted. Although the exact number of trips generated by the bank on a daily basis was not known, it was noted that banks are not typically a high volume traffic use. The representatives from First Heritage Bank noted that bank trip. generation has decreased due to the increased use of automatic deposit offered by many employers. Further discussion included: 1) proposed berming/landscaping along the CSAH 50 corridor; 2) visibility, safety, and traffic flow on the bank site and the need for signage to direct on-site traffic circulation; -and 3) location of snow storage. Commissioners Whitehouse and Cecchini expressed that they would like additional time to review and comment on the site plan for the First Heritage Bank and that they would. like to have the opportunity to impose additional requirements on the bank's site plan. City Attorney Roger Knutson advised that this would require an amendment to the City's zoning ordinance. Planning staff stated that no further review or action by the Planning Commission is required for issuance of a building permit for the bank building. The proposed use is permitted in the B-4, General Commercial Business District and the building is in compliance with all City zoning and subdivision ordinances. Planning Commission review of proposed developments is required when the development necessitates a conditional use permit, platting, rezoning, variance, or other planning-related action. There were no comments from the audience. 97.08 MOTION by Miller, Seconded by Cecchini to close the public hearing. Roll was taken on the motion. Ayes: Unanimous The Planning Commission discussed methods that could be established to .address on-site traffic circulation patterns that would enhance safety and eliminate potential intersection congestion. The Commissioners generally agreed that the proposed CSAH 50 ingress/egress access point should not be eliminated Regular Planning Commission Meeting Minutes January 9, 199? Page 8 because that would create more safety issues and potential for congestion at the Iberia Avenue intersection. It was further agreed to add an additional stipulation for approval of the project that would address on-site traffic through the installation of a "Do Not Enter" sign in the green space area south of the bank building, north of the shared private driveway, and west of the easterly nine bank parking spaces. 97.09 MOTION by Amborn, Seconded by Wulff to recommend to City Council approval of the Roger's Auto Service conditional use permit amendment, the Comprehensive Land Use Plan amendment, and the easement vacation requests to allow the construction of the proposed First Heritage Bank subject to the 17 stipulations as outlined in the planner's report dated January 3, 1997 with the addition of Stipulation No. 18 that would require additional on-site signage, as discussed, to direct inbound traffic on the site and the Findings of Fact as presented by City staff dated January 9, 1997. Roll call was taken on the motion. Ayes: Unanimous. ITEM PUBL.I . N .ARiN[~ RIVER CITY ASPHALT, INC. MINING AND EXCAVATION PERMIT Chair Rieb opened the public hearing to consider the application of River City Asphalt, Inc. for an excavation and mining permit. City Attorney Roger Knutson attested that the hearing notice had been duly published and mailed according to state statute. Community & Economic Development Director Michael Sobota presented a brief historical review of the River City Asphalt, Inc. proposal. Mr. Richard Carron, President of River City Asphalt, Inc., has been working with City staff for a number of months on this proposal to locate a mining operation on property located north of 205th Street and west of Interstate 35. He initially proposed 37 acres of mining area and has reduced the proposal to 20 acres of mined area on the 74-acre parcel. The subject property is zoned R-l, Low Density Single Family Residential and excavation and mining activities are defined as an interim use in the R-1 District and is processed the same as a conditional use permit. The city attorney has reviewed the mining proposal and has determined that an Environmental Assessment Worksheet is not required under state statute as part of the project. Staff has been sensitive to negative neighborhood responses to these types of property uses from the onset and has worked closely with the applicant to address anticipated neighborhood issues. Regular Planning Commission Meeting Minutes January 9, 1997 Page 9 In addition to staff meetings, River City Asphalt, Inc. hosted a neighborhood meeting on October 22, 1996 for the purpose of informing area residents of the proposed expansion of gravel mining operations on the property and to identify neighborhood concerns and attempt to address them in their submitted application. Staff and the applicants have identified and addressed several issues that both the neighborhood and staff have ascertained to be of concern with the proposed mining operation. Associate Planner Frank Dempsey presented a detailed overview of the proposed excavation and mining permit and reclamation plan for an approximate 20 acre portion of a 74.2-acre parcel located in the southwestern portion of the City. The R-1, Low Density Single Family District zoned property is located in Planning District 13 which recognizes mining as an interim rural land use. The subject property is located outside the Year 2010 MUSA Boundary. Property to the south and west of the subject property consists of unsewered, rural, large lot single family homes. The property to the north is undeveloped and the property to the east is currently operated by Shiely. Companies for sand. and gravel mining activities. The River City Asphalt mining operation proposes to remove approximately 650,000 cubic yards of natural aggregate for use in the construction industry with an anticipated completion within ten years. City staff advised the applicant that they would not support their request for direct access onto 20Sth Street; therefore, the applicant has reached an agreement for shared access with the Shiely gravel pit on the north side of 20Sth Street, immediately west of I-3S._ Additional details were provided regazding the City's criteria and standards for monitoring noise and air quality, erosion, dust control, hours of operation, site drainage, tree preservation, washing plant site operations, final grade and site restoration plan. Kirsten Rojina, Geologist and Civil Engineer for Sunde Engineering, highlighted key issues that had been. addressed by River City Asphalt Inc. as a result of information and comments gathered from the neighborhood meeting. and City staff. Mining activities will occur only in the southern 20 acres of the 74-acre site. The northern portion of the site is heavily wooded and contains several wetlands. The mining operation will be phased in a northeast to southwest. direction with mining being restricted to a minimum elevation of 1,030 feet. This elevation is consistent with the minimum elevation permitted for the Shiely mining operation and the natural low elevations of the northern portion of the property as well as surrounding properties. Ms. Rojina further stated that there is a rock crusher and asphalt plant associated with this project. The asphalt plant will be located to the north and east of the Regular Planning Commission Meeting Minutes January 9, 1997 Page 10 • mining area and set behind a natural ridge. The asphalt plant which is currently operated on the Shiely site is a portable unit which is operated by River City Asphalt periodically throughout the mining season. In addition, River City Asphalt has committed to install a new burner in spring, 1997, which emits less noise. Air quality testing is monitored daily by River City personnel and has been found to be in compliance with Minnesota Pollution Control guidelines. A PCA Air Permit is issued in five-year increments with a requirement for annual reports. The permit requires ongoing air emissions testing and failure to meet minimum PCA standards will result in enforcement actions by the MPCA. The City Engineering and- Planning staff will monitor the mining and restoration activities according to the approved .mining and excavation permit. Material is proposed to be transferred to the crusher site and then on to the Shiely site by conveyor. The initial proposal. by River City did not include the investment in a conveyor system. The conveyor method of transporting materials reduces truck traffic resulting in a reduction in dust emissions and noise. In addition to daily on-site procedures for dust management, further efforts to address dust control by River City Asphalt includes an agreement to pave the first 100 feet of the Shiely access off 205th Street. Associate Planner Dempsey noted that Assistant City Engineer Tim Hanson has recommended approval based on his report dated January 6, 1997 and City Environmental Engineer Heidi Hamilton has reviewed the project and has made recommendations for approval as outlined in her report dated January 3, 1997. Formal written comments and recommendations. on the River City Asphalt Mining application have also been provided to the Commission from the Dakota County Soil and Water Conservation District. These reports provide details regarding on-site drainage and erosion control measures, tree preservation, site restoration, sedimentation pond details, noise impacts, and DNR protected wetland information. The Environmental Affairs Committee has also reviewed the mining permit application and has recommended approval subject to stipulations as listed in the January 7, 1997 EAC meeting minutes. Chair Rieb requested comment/questions from the Planning Commission members. Commissioner Whitehouse expressed a desire for construction of a 400-foot hard surface driveway access. to 205th Street in lieu of the proposed 100 feet to control i wind blown dust and gravel onto 205th Street.. Mr. Carron agreed to constructing the 400-foot access as requested. Environmental Affairs Manager Bob Bieraugel from CAMAS Inc. (Shiely Division) was in attendance and stated that the driveway will be maintained by Shiely Company. Mr. Bieraugel also stated that Regular Planning Commission Meeting Minutes January 9, 1997 Page 11 the Shiely Mining Permit has no sunset clause and that it is not likely that .the Shiely operation would close prior to the River City Asphalt proposed ten-yeaz operation, thereby ensuring River City Asphalt access to the public right-of--way through the Shiely mining operation for the duration of River City's permit. Mr. Bieraugel further noted that Shiely, who leases the property from Dale Properties, intends to exercise its option for extension of its lease on the Shiely operation property in 2001 to the yeaz 2008. Due to the neighborhood residents' expressed desire for a shorter permit time period the Commission questioned the applicant as to whether the mining activity could be completed in a shorter time span. Mr. Canons responded that the mining business is mazket driven and if the market is good it is possible that mining materials could be fully extracted. within five years. However, a full ten- yeaz period is requested which would ensure ultimate materials extraction and include restoration of the property .according to the reclamation plan. Chair Rieb opened the hearing for public comment.. Ms. Colleen Powell, 11774 West 205th Street, stated that she has lived in this neighborhood since 1960. She further stated that when the existing mining operation, currently operated by Shiely, .was permitted in 1972 the residents in this neighborhood were told that the mining activities would only be a 20-year operation and would not be expanded. In 1987 Shiely took over the mining operation and in 1990 the mining activities expanded to include an additiona140+ acres. The residents have recently been informed. that there is no sunset clause on the Shiely mining operation. In addition, the mining activities will be expanded to another 20 acres as a result of the River City Asphalt Inc. application. Ms. Powell played a cassette tape for the Commission of what she described as mining operation noises that were recorded last fall and that were audible from her property line. Mr. Robert Powell, 11774 West 205th Street, read the names of twenty residents who had signed a petition in opposition to the mining, concrete manufacturing, and asphalt manufacturing operations of Shiely Gravel and Valley Paving (River City Asphalt) at 205th Street West,. Lakeville, MN. The petition was accepted by the Planning Commission and the petition was entered as part of the official record for this public heaiing. In addition, Mr. Powell read a letter dated December 30, 1996 from. Ms. Betty Leonhart, 12114 West 197th Street, which expressed opposition to the approval of the River City Asphalt, Inc. mining and excavation permit stating that noise generated from the mining operation is unacceptable. The Planning Commission accepted Ms. Leonhart's letter. and directed that it be entered. as part of the official record for this public heaiing. Regular Planning Commission Meeting Minutes January 9, 1997 Page 12 • At this time, Mr. Powell addressed the Commission and. staff and stated that he was speaking on behalf of the residents that are opposed to the mining operations located in his neighborhood. Issues of concern have been expressed by the residents. Mr. Powell requested responses to the following concerns: • What benefit does a mining operation have for the citizens of Lakeville? - Ms. Rojina responded that the ability to provide raw materials for public projects, i.e. streets, bridges, public buildings, public utilities such as sewer pipe, etc. is beneficial to Lakeville as well as Dakota County residents because ultimate costs of public construction projects may be lower due to a reduction in transportation costs of the raw materials for these project. - Mr. Marv Eggum, IS708 Judicial Road, Burnsville, MN, identified himself as a commercial real estate agent with property interests in the City of Lakeville and a resident of Dakota County. He stated that it has been his .experience as a major participant in commercial development projects that transportation costs for raw materials can amount to as high as 18% of total construction costs. Mr. Eggum stated it was his opinion that if exploration for natural resources in local areas is discouraged local construction projects, commercial and public, will be impacted. • The residents were concerned about the proposed removal of mature. trees located in the center of the mining area. - Sta„~`'responded that the 25 sign cant trees located in the center of the 20-acre mining site are being replaced with over 100 evergreens on the perimeter of the property. In addition, the northern 2/3 of the property which is heavily wooded will remain untouched and in its natural state. • The proposed berm surrounding the Krawza property, 11881 West 205th Street, should consist of a staggered double row of eight-foot evergreens in addition to a six-foot redwood fence and, further, that .the berm around the Krawza property should be 25 feet in height. The area residents have indicated they would prefer a 500-foot setback surrounding the mining area. - Mr. Carron stated that he is willing to consult with the City Forester to determine appropriate spacing of evergreens and research whether fencing and additional tree plantings could be accommodated on the proposed 7 foot berm and within the SO foot setback area. - Staff noted that 1 S foot separation of tree plantings is City standard. - Ms. Rojina stated that to achieve standard final grades for the slope area, a 25; foot berm would extend into the mining area by 100 feet. This would reduce the scope of the mining area and have a negative impact on the property as a viable mining resource. A 500 foot setback requirement would have the same negative impact on the mining operation. • The residents feel that the hours of operation be restricted to 7:00 a.m. to 4:30 p.m., Monday through Friday. - Staf. j"'recommends that reasonable hours of operation would be daylight Regular Planning Commission Meeting Minutes January 9, 1997 Page 13 hours during the week and that Saturday hours should be 8:00 a. m. to S: 00 p.m. and that no mining operations shall be permitted on Sundays and holidays. • Area residents would prefer atwo-year permit for the mining operation as opposed to the requested ten-year permit. - Ms. Rojina stated that a two year timeframe would not provide enough time to utilize the entire resource located on this property and restoration of the site could not be achieved consistent with the current reclamation plan. - Mr. Carron advised that it is d~cult to guarantee that the operation could be .completed within a two year span because removal of the resource is based on market demand. Under ideal market circumstances, it is possible that the property could be fully mined in a five year period. However, that does not include the time that would be required for full .reclamation of the site. • Truck traffic and noise have proven to be a nuisance in the past, including reckless driving habits of the truck drivers. - Sta, fJ`'indicated that access to the River CityAsphalt site will be restricted to the existing Shiely driveway at 205th Street only. There is no opportunity for a separate access onto 205th Street nor will there be any access permitted onto foredo Avenue.. • The residents would like to be informed of the results of monitoring. and inspections regarding noise, dust, and other pollution issues. They would also like to know what the acceptable levels of noise, dust, and pollution area - The test results are public information and City sta, f j`'and River City Asphalt personnel expressed their willingness to provide whatever test results they may have upon request. PCA control standards can also be provided upon request. • What assurance does the neighborhood have that the mining activity will not expand into other areas other than the approved site? - The terms of the mining and excavation conditional use permit define the permitted area. Any deviance from the terms of the permit would result in termination of the permit and .all mining activity will cease. City Administrator Robert Erickson suggested that one way to prevent expatasion of the mining operation to the west would be to place a conservation easement on the balance of the property with the understanding that this easement stay intact until such time as the mining operation is completed and restored according to the restoration plan on file. This would ensure environmental protection of the heavily wooded area of this parcel. Mr. Carron and his legal counsel Tony Gleekel stated their agreement to the establishment of a conservation easement. Regular Planning Commission Meeting Minutes January 9, 1997 Page 14 At this time Chair Rieb called afive-minute recess. Chair Rieb reconvened the public hearing at 10:05 p.m. Tony Gleekel, legal counsel for River City Asphalt, Inc., presented a summary of the applicant's understanding of the discussion that has occurred during this public hearing. River City Asphalt is in agreement with the terms. and the conditions of the permit as recommended in the Planner's Report dated January 3, 1996. These conditions establish the parameters of the property that will permit mining activities and River City is in agreement to those parameters. However, to further ensure that there will be no expansion of the mining area the applicant is willing to establish a conservation easement over the western 2/3 of the property based on the terms discussed earlier. Further, although it is the intent of River City Asphalt to mine the entire area as fast as possible, to restrict the permit to a two-year or even afive-year permit would force removal of the materials too fast and, therefore, methodical and regulated removal of the resource would be sacrificed. It was noted current federal, state, and city regulations are more strict regarding current mining activities and more regulatory control is exercised in enforcing pollution standards. This has not been true of mining operations and activities that have occurred in the past. Therefore, many of the issues, violations and infringements this neighborhood has experienced with other mining operations will not be allowed with this proposed operation. Mr. Jim Emond, realtor and representative for Mr. William O. Cooley, 2202 Meeting Street, Wayzata, MN and owner of 110 acres. of property immediately south of the subject property, presented a letter of opposition from Mr. Cooley. In his letter dated January 9, 1997, Mr. Cooley alleges that to allow expansion of mining activities in this area of the City will jeopazdize ultimate commercial development of his property due to increased truck traffic at an already congested I-35/CSAH 70 intersection. Chair Rieb directed that this correspondence be accepted and made a part of the official record for this public hearing. Mr. Richard Storlie, 12393 West 205th Street, addressed the Commission stating that the City should identify sources of sand and gravel within the City and make these areas known to the residents or potential residents so that they would be awaze where potential mining operations could be located. Mr. Storlie also stated that the crushing of large rocks should be restricted due to the noise that this activity causes. Mr. Michael Dunham, 11513 West 205th Street, stated that he did not have a • problem with the pit and that current truck traffic did not appear to be just from the mining operation. However, he stated that he would like to see the azea cleaned up and that the mining activities not be allowed to continue beyond eight or ten years. Regular Planning Commission Meeting Minutes January 9, 1997 Page 15 Ms. Rene Rosa, 20071 Loredo Avenue, stated that when she bought her property five years ago she was informed that the surrounding zoning supported rural residential development and that the mining activities would not be expanded. She stated that her decision to locate in this area had been based upon the. information she had been given at that time. Mr. Glenn Silverness, 20070 Loredo Avenue, stated his opposition to the noise made by the crushers. Mr. John Raplinger, 11897 West 210th Street, advised that he had filed a petition with the Minnesota EQB stating that an Environmental Assessment Worksheet (EAW) can be required if a petition is submitted to the EQB. Mr. Raplinger stated that he had copies of the City's zoning ordinance and could not find where mining operations are permitted by conditional use permit in the R-1, Low Density Single Family District. City Attorney Roger Knutson advised that Section 11-12-1 of the City Code Zoning Ordinance states that mining. and excavation are permitted by conditional use permit in all zoning districts. Staff stated that they would provide copies of this section to Mr. Raplinger. • Mr. Walter Krawza, 11881 West 205th Street, indicated he was also concerned for the noise on the mining site, crystalline silica dust particles generated by the mining equipment and control of the dust, sedimentation entering ponding areas, and dust pollution. He provided pictures taken. from various areas along his. property line of the proposed mining area and the visual exposure he will have of the site. He stated concern for a devaluation of his property. Ms. Rojina stated that aneight-year permit could be accommodated. if extraction and processing operation hours could be extended to the daylight hours of 6:00 a.m. to 8:00 p.m. for hours of operation on Monday through Friday. She also stated that Saturday hours should be extended to between the hours of 8:00 a.m. and 5:00 p.m. She stated that the noise levels would meet Pollution Control Agency standards. Asphalt plant operation at night would be restricted to only conveyance of the materials and production of and. hauling of asphalt. The crusher, extraction, .and hauling would occur only during daylight operating.. hours. 97.10 MOTION by Wulff, Seconded by Cecchini to close the public hearing. Roll was taken on the motion. Ayes: Unanimous • City Administrator Erickson stated that the points that have been brought up at this hearing can be addressed by staff and River City Asphalt, Inc. through additional negotiations that will address the key issues brought forward at this Regular Planning Commission Meeting Minutes January 9, 1997 Page 16 meeting. Staff recommends tabling action until the City and the applicant can come to agreement on the remaining issues. Discussion by the Planning Commission continued. There was agreement from the Planning Commission that discussion should continue between City staff and. the applicant so that the issues brought up at this hearing could be incorporated into the River City Asphalt, Inc. conditional use permit stipulations. 97.11 MOTION by Amborn, Seconded by Wulffto table action on the River City Asphalt, Inc. Extraction and Mining Permit application and direct that the City Attorney prepare a conditional use permit (CUP) with new conditions for the proposed action giving reference to the deliberations and agreements reached between the applicant,. the Planning Commission and City staff and the testimony of the spokespersons for the neighborhood and submit them to the Planning Commission for consideration of the application at a future meeting. The Commission agreed with Commissioner Wulff's suggestion that River City Asphalt, Inc. representatives and Mr. Krawza come to an agreement on the type of screening surrounding the Krawza homestead that is acceptable to both parties . prior to formal recommendation on the mining permit application. Roll call vote was taken on the motion. Ayes: Unanimous. ITEM 10: P •I H .ARiNf NORTHERN STATES POWER ASSOCIATION REZONING AND CONDITIONAL USE PERMIT(S) Chair Rieb opened the public hearing to consider the application of Northern States Power (NSP) Company for: 1) a rezoning of property from R-S, Single and Two Family, Medium Density Residential District to B-1, Limited Neighborhood Business District; 2) a conditional use permit (CUP) to allow an impervious surface area exceeding 25% in the Shoreland Overlay. District; and 3) a conditional use permit (CUP) to allow the expansion of an existing electric substation on property located north of County Road 50 and west of Hamburg Avenue. City Attorney Roger Knutson attested that the hearing notice had been duly published and mailed according to state statute. Associate Planner Dempsey presented an overview of the NSP applications and plans for the rezoning .and CUPS to allow for the expansion of their existing electrical substation on their 4-acre property which is made up of two parcels. • The request for a REZONING to B-1, Limited Neighborhood Business District is consistent with the current use of the property. Current zoning of the parcel is R- 5, Single and Two Family, Medium Density Residential District. The proposed rezoning of the property from residential to commercial is not in conflict with the Regular Planning Commission Meeting Minutes January 9, 1997 Page 17 • Comprehensive Guide Plan. Staff supports this request and recommends the rezoning as requested. The original electrical substation was constructed in 1969 and has served the Airlake Industrial Pazk and the southern azea of Lakeville. At that time the Zoning Ordinance did not require a CONDITIONAL USE PERMIT (CUPS. The City's current zoning ordinance allows government regulated utility buildings and structures in the B-1 District by conditional use permit. The NSP site is located within the Shoreland Overlay District of the North Branch of South Creek which is a Vermilion River tributary. A CONDITIONAL USE PERMIT (CUPS to allow impervious surface in excess of 25% of total surface area. A total impervious surface area of 43.3% is being proposed upon ultimate development of the site. This is within the maximum allowable 70% impervious surface azea allowed by ordinance within the B-1 Zoning District and Shoreland Overlay District by CUP. The landscape plan proposes the planting of 69 new conifer trees. NSP has agreed to amend the landscape plan to replace the proposed 4-foot conifer trees with the ordinance required minimum 6-foot tall conifer trees. The Environmental Affairs Committee reviewed the Conditional Use Permit Application and Shoreland Impact Plan for the NSP expansion project at their meeting on Tuesday, January 7, 1997. There recommendation for approval of only Phase I of the project was based upon NSP's position not to construct the two stormwater detention ponds in the initial development phase. The EAC concurred with recommendations asdetailed in the January 3, 1997 Environmental Engineer report, January 2, 1997 Dakota County Soil & Water Conservation report, and City staff that these ponds. were critical and should be constructed in Phase I. As a result of the EAC's comments and recommendations NSP has submitted a revised plan. Due to the expansion needs in the Airlake area, NSP has amended their plan which encompasses all of the site development, including installation of the two runoff retention ponds as well as grading and perimeter fencing for the ultimate development of the site. Pat Cline, NSP Community Service Manager, David Callahan, NSP Sr. Right of Way Agent, Sheldon Silbermann, Project Engineer, and Joe Manser, NSP, were present in the audience and responded to questions from the Commission. The NSP representatives indicated their agreement to the conditions for approval as recommended by staff. • Commissioner Amborn uestioned whether the ro osed 80-foot hei t of th q P P ~ e electrical poles would require top lighting due to their height and proximity to the local airport in Airlake. NSP representatives stated they are subject to FAA Regular Planning Commission Meeting Minutes January 9, 1997 Page 18 regulations and if pole lighting would be required by FAA they would comply. However, staff determined that it was .probably unlikely that this would be a requirement. since the airport was more than a mile south of the NSP site. Phase II would only include placing of electrical equipment on the west part of the site. There were no comments fram the audience. 97.12 MOTION by Kowalke, Seconded by Whitehouse to close the public hearing. Roll was taken on the mation. Ayes: Unanimous. 97.13 MOTION by Whitehouse, Seconded by Miller to recommend to City Council approval applications submitted from Northern States Power Inc. for a rezoning of theirparcels located in the northwest corner of Hamburg Avenue and CSAH 50 from R-S, Single and Two Family, Medium Density Residential District to B- l, Limited Neighborhood Business District and approval of a conditional use permit to allow the expansion of the electric substation and a conditional use permit to allow impervious surface coverage in excess of 25% in the Shoreland Overlay District subject to the stipulations as recommended by staff and detailed in the December 31, 1996 planner's report and approval of the Findings of Fact • dated January 9, 1997. Roll call vote was taken on the motion. Ayes: Unanimous. ITEM 11: NFINISH .D THIN .44: None. ITEM 12A: NEW BUSINESS: PLANNING COMMISSION TIF RESOLUTION Community and Economic Development Director Michael Sobota requested Planning Commission consideration of a Planning Commission Resolution regarding the proposed modification to Redevelopment Project No. 1, Modification No. l to Tax Increment Financing District No. 2, and Modification No. 2 to TIF District No. 3. The modifications would provide support for future redevelopment of two residential properties. located south of the Senior Center in the downtown into a senior housing project and would also allow tax increment collected from the parcels directly north and west of City Hall to be used for potential redevelopment costs including land write-down, infrastructure improvements, or the acquisition/demolition of the Budget Mart building. The Planning Commission is responsible for reviewing proposed TIF redevelopment projects and plans to determine their consistency with the City's Comprehensive Guide Plan. Staff recommended that the proposed Modification to Redevelopment Project No. 1 (Centeral Business District), Modification No. 1 to TIF District No. 2 (Senior Citizen Housing) and Modification No. 2 to TIF District No. 3 (DKM {Holyoke} Professional Building) are consistent with the Comprehensive Plan. Regular Planning Commission Meeting Minutes January 9, 1997 Page 19 • 97.13 MOTION by Wulff, Seconded by Miller to adopt A RESOLUTION OF THE LAKEVILLE PLANNING COMMISSION FINDING THE PROPOSAL FOR MODIFICATION TO TAX INCREMENT FINANCING DISTRICTS NO.2 AND 3 LOCATED WITHIN REDEVELOPMENT PROJECT NO. 1 AND PROPOSAL FOR APPROVAL AND ADOPTION OF MODIFIED TAX INCREMENT FINANCING PLANS RELATING THERETO TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY. Roll call vote was called on the motion. Ayes: Unanimous. There being no further business, the meeting was adjourned at 11:45 p.m. Respectfully submitted: onna Quintus, Recor ing Secretary ATTEST: Laurie Rieb, Chair • } A: PETITION IN OPPOSITION TO THE MINING, CONCRETE MANUFACTURING, AND ASPHALT MANUFACTURING OPERATIONS OF SHEILY GRAVEL AND VALLEY PAVING AT 205TH ST. WEST, LAKEVII,LE, MN CIA /J~',d<d/ THE UNDERSIGNED ARE REQUESTING THAT THE CITY OF LAKEVILI,E NOT APPROVE THE 9~ USE PERMIT FOR THE EXP ION AND CONTINUED ERATION OF THE GRAVEL MINING AND THE ASPHALT PLANT OPERATIONS AT THE SHELLY GRAVEL MINE ALLEY PAVING PERATION LOCATED ON 205TH 5T. WEST, IN LAKEVILLE FOR THE FOLLOWING REASONS: ei..c.G"{~Y ~ASrtaH' L THE AIR POLLUTION AND NAUSEOUS ODOR CREATED BY THE ASPHALT OPERATION LS CREATING A NUISANCE AND HEALTH HAZARD TO RESIDENTS. 2. THE NOISE POLLUTION IS OF A LEVEL THAT iS CREATING A NULSAtVCE TO THE RESIDENTS. 3. THE POTENTIAL POLLUTION OF THE GROUND WATER AND SURFACE WATER RUN OFF, INCLUDING RAIN, INTO LAKE MARION RESULTING FROM THE ASPHALT, MIIVING, CONCRETE MANUFACTURING OPERATIONS, AND THE STORAGE OF USED P'UI.VERTLED CONCRETE,. ASPHALT, AND OTHER USED ROAD MATERIALS ON THE STfE. 4. THE HAZARD TO RESIDENT'S AND THEIR CIIIIDREN CREATED BY TRUCKS OPERATING OUT OF THE ASPHALT AND GRAVEL OPERATION, WHICH FAIL, TO STOP AT THE STOP SIGNS ON THE ENTRANCE TO AND IN ADDTITON THE TRUCKS TRAVEL AT EXCESSIVE SPEEDS ON THE LOCAL ROADWAYS 5. THE GRANTING OF PERMITS FOR SUCH, IS INCONSISTENT PLANNING. ALLOWING HEAVY INDUSTRY NEXT TO ESTABLTSFiED RESIDENCES WHICH HAVE BEEN ZONED AND CONTINUALLY USED AS (Rl) RESIDENTIAL FOR THE OVER 30 YEARS IS NOT GOOD MUNICIPAL PLANNING. THIS HAS ADVERSE IMPACT ON PROPERTY VALUES OF HOMES IN ALL OF WEST LAKEVII.LE. THE ABUSE AND OVERUSE OF~P$~6 USE PERMIT'S IN THE CITY IS NOT PROFESSIONAL CITY PLANNING. Cm~e{P}rOn~t~ N ADDRESS P u ~ ~ L ~ ~ a _ ~orl s ~Oh n s yr) 1 / ~~G - 020 ~ a ~ T ~ y ~~N1~L C~2oN~nl ~~b ~~reda ~,v~ qg~=Saab "L~~r 1 hp J~yi zii9 ~ rho c>G~-4~~9~` ~ob~~7 P~ w ~ ~r 7~~~s~ ~w ~~z~~ Johyj R~ I~~,, ~y ~ /ld'~7Gr/Cs1'zlvT~, Lf~ -z~x7 G%%y~~ /)~~.~~.J~.~- G(O ..4.. mss' ~ ~ gyp'-Z6A~Z 1 C ti PETITION IN OPPOSITION TO THE MINING, CONCRETE MANUFACTURING, AND ASPHALT MANUFACTURING OPERATIONS OF SHEILY GRAVEL AND VALLEY PAVING AT 205TH ST. WEST, LAKEVILLE, MN Cono~t'~'IIn a~ THE UNDERSIGNED ARE REQUESTING THAT THE CITY OF I,AKEVILLE NOT APPROVE THE SPEeIr1L USE PERMIT FOR THE EXPANSION AND CONTINUED ERATION OF THE GRAVEL MINING AND THE ASPHALT PLANT OPERATION3 AT THE SHEII,Y GRAVEL MINE AND,~GALLEY P'yA~S~~~PERATION LOCATED ON 205TH ST. WEST, IN LAKEVQ.LE FOR THE FOLLOWING REASONS: wsr. 1. THE AIR POLLUTION AND NAUSEOUS ODOR CREATED BY THE ASPHALT OPERATION I5 CREATING A NUISANCE AND. HEALTH HAZARD TO RESIDENTS. 2. THE NOISE POLLUTION IS OF A LEVEL THAT IS CREATING A NUISANCE TO THE RESIDENTS. 3. THE POTENTIAI. POLLUTION OF THE QtOUND WATER AND SURFACE WATERRUN OFF, INCLUDING RAIN, INTO LAKE MARION RESULTING FROM THE ASPHALT, MINING, CONCRETE MANUFACTURING OPERATIONS, AND THE STORAGE OF USED PULVERTI.ED CONCRETE, ASPHALT, AND OTHER USED ROAD MATERIALS ON THE STf& 0. THE HAZARD TO RESIDENTS AND THEIR QiLIDREN CREATED BY TRUCKS OPERATING OUT OF THE ASPHALT AND GRAVEL OPERATION, WHICH FAII. TO STOP AT THE STOP SIGNS ON THE ENTRANCE TO t?9T$6H~c,~iY~4 AND IN ADDTTION THE TRUCKS TRAVEL AT EXCESSIVE SPEEDS ON THE LOCAL ROADVYAY& dos"M S~f' 5. THE GRANTING OF PERMTTS FOR SOCH, IS INCONSISTF.iVT' PIr1NNING. ALLOWING HEAVY INDUSTRY NEXT TO ESTABLISHED RESIDENtrES WHICH HAVE BEEN ZONED AND CONTINUALLY USED AS (RI) RESIDENTIAL FOR THE OVER 30 YEARS >;S NOT GOOD MUNICIPAL PLANNING. THIS HAS ADVERSE IMPACT ON PROPERTY VALUES OF HOMES IN ALL OF WEST Y s~CEVII,'..F THE ABUSE AND OVER USE OF 8f'ECiA~S USE PERMITS IN THE CITY L'S NOT PROFESSIONAL CTfY PLANNING. NAME FIRST AND LAST(~T SIGNATURE ADDRESS ~ ASS ~ /~~~a /~7~~~~ ~~.~~~.s=~/~.~ ~n.e~ I~ -osc ~ ~ oat- l ~,e.d~ ~'~,u ~ I ~~r -1 i • December 30, 1.996.. Richard Carron AND To Wham It May Concern: L have .been asked to write this letter as I Understand that you are under the assumption that the noise .from the present mining and excavation is not heard - and of annoyance to property owners in the area. I am. the owner of 70 acres of land. which abuts the property as described in the legal notice. Please be advised - that I~am opposed to your proposal -River City Asphalt, Inc., for a mine and excavation permit. I have dived in my present home for. twenty five years and the noise. of operating; gets more prevalent as time goes. I DO HEAR thetrucks .backing up - etc. and .this is very early. in the morning.. It is heard, believe me. Further, I had been under the impression that. the permit for the .existing operation was to soon-expire, only to .have a land deve oper advise fie that it has been extended. I was not aware of ouch .action. I am leaving the-State December 31, 1996 and will return March 15th. Should you need contact you can do so through 'my daughter/son-in law.(Jeff and Chris Goss} at 12220 197th Street - phone 435-7113: Tha You. .Betty eonhart 12114 West 197th Street Lakeville, MN .55044 Larkes~ilteEared, f..td EV'dliam O: Cooley ,Gen. Ptr. 22021tgeetiag Street Wayzata, Minnesota 55391 Chairman sad sembezs of the Lakeville Planning Commission Y.akeville City Hall 20195 hioIyoke Avenue Lakevilbe, Minnesota January 9, 119? RI;: l~iiaing and Escav~ation Permit N~1/ CvnQer of 24Sth Street and I-3 Dear and lt~iembers o~f the P3anaiag Commission, I am wag to voice strong apposition to the granting afore subject permits. 1~e are the owners of 1 t U acres of 2oacd, platted and. iugnoved property inunediately to the south of the subject property upon vtrhich the application is being sought. ate have owned this property since 19~. For ?5 years we have vc`aized patieatl;~ for this land to mature and be ready for development. It seems .incredible that now, when this area is poised far real lob and revenue producing devel©pment, ~nsideraton is being:given to the exga~ioa of a graveF mining operation and asphalt production plain. In 1.9239 ire were toad that ore eitherhad to install sewer and water on our land or loose the opportunity far at Least 20 gears as the 1~1USA line would be moved. Knov~ing that it was premature, vie i~talled one-million dollars in grading, rand and utility improvements on otir land W e then united patiesrtly for the irnersectianr to the north to build out; Y-;> and County Road 46 is built out; I-3S and Coumy Road 5.0 is nearlybuilt out and nor I-35 auEi County Road ~Q is .ready. ~e gaited patiently fog years for the City to sell affos give away its carxnmerci2Et land holdings at our intersection as we could not campcte with their pricing stractuFe; now that process is nearly oven and its Dolt tutu. Dtu gtg the years that yve waited, we could. hays said off: a parcel now and thereto someone who wanted to erect a pole barn to wash and repair trndcs or t© an R~ dealer urho wanted 50(k feet of exposure along; I-3S lit vie didn't. while vie oauId boos gotten our price for certain parcels now and they f and much to the occasional frustration of our very patient real .estate agent, Jim Emand~, we knew that land. sales to those types. of users v~ro~l not .produce ..jabs ar tax base sad would not boos lest itself to tile. good Qf the area. ~e waited patiently. Naw, the time is here. The economy is~ great, consumer confidence is tugh, businesses are healthy and profitable sad our piecx of land, after a quartet of a century of waiting, is ready. It JAN-@9-199? ?@=21 96i P.02 _ _ ~r JAN.-09-97 THU 11 ~ 28 Rf1 P, 03 Page 2. would be unconscionable to allova the continuation and eapansiaa of an industrial business such as gravel .mining and asphalt production to exisx. ai the sub3ect site. the presence of this type of in~us~ial opetarion does nothing for the eiy of Lakeville nr its residents a~ ncighbars; it cmiy hurts and devalues property ~ralues of those surrotmdiag the and ~oductian operation As the Planning Conanission, your diarge is to make decisions. today that will effect the fuivre. In granting a permit of this type ~rou are condemning this area; the I 35 and County 64 and 'fQ intetsecaons, to be put on hold. for another ten oz twenty years. Commercial, office, ret~, manufacttFtzng, haasing and service developments ~T be sti#Ied ~avhile more holes are dug is the earth and thousands and thousands trucks full of sand and grace! and asphalt Fumble through our propeft}r and tie np an already over-loaded imersecxian at I 3S and '~0_ t~ppravat of Phis: pcrtnit would be a great set tr~c~: to develapmetYt, fobs and tax base is the City of Lakeville.. It ~uiTl hinder the type of development ore hatre envisi©IIed ou atu liu~ed acre . site and ghat ors ~ig}iboring land, ov~mers hope to get on their Property- It w~71 make east this intersection as an iadusnriaI intersection and v~l lead to industiial type uses instead of the clean, tax and jab producing uses ~rre have all emrisioued for I 35 and ~0. W e recogtrize flint genteel and asphalt plants are a necessary part of the growth ~ . process. However, if you take a historical look at the areas Qf St. Louis. Park (off Highwap l00 i and 36th street wliere Freidhciin'eoncrete was once located, ~metonka (at E:eclar Lake Road and Caurn7c y3 where I~edberg Sand and Crra~el was located and Edina (at ?bth an,d France Avenue where Qscar. Roberts Concrete was ante. located, you wilF see that: these cities, ~nst as has the City of Lakevt~IIe, outgrew the industrial uses of gravel nlming, asphalt. and concrete pxoductian in their prone commercial and residential neig_hborhoads; These cammtmities moved -these temporary uses imo iadnstaaI or outl}~ng azeas (such as Lake~rs-lle eras is those days}. Lakeville has now come to that same paint in bate. I.ake~rille is notiu at the stage of dcvelopmern that St _ Louis Park, I~linnetonica; Edina were when they deiermiised that the interim natare of the min~g~asphartlcancrete businesses should end. It was then time to mos~e these uses out farther anc~ let the ±az and job: producing uses for these parcels of land repla~~e them.... ! caimot state in suang enough terms our apposition to the grantiig of this permit. Please let t41is intersection and cur tancT develop praperiy. Thank you. far your consideration. Sincerely, ~'~am O. C a cg, cent Partncx cc: tilayor and City Canmc~ll R©oert Erickson, City l~ianager JAN-®9-199? 1022 9?z P.03 RESOLUTION OF THE LAKEVILLE PLANNING COMMISSION. FINDING THE PROPOSAL FOR MODIFICATION TO TAX INCREMENT FINANCING DISTRICTS NO. 2 & 3 LOCATED .WITHIN REDEVELOPMENT PROJECT NO. 1 AND PROPOSAL FOR APPROV,~L AND ADOPTION OF MODIFIED TAX INCREMENT FINANCING PLANS RELATING THERETO TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY. WHEREAS, the Housing and Redevelopment Authority in and for the City of Lakeville (the "Authority") has. proposed modification to Tax Increment Financing Districts No. 2 & 3 located within Redevelopment Project No. 1, all located within the jurisdictional limits of the City of Lakeville (the "City"), and proposed the modification of the Tax Increment Financing Plans (the "Plans") relating thereto, pursuant to Minnesota Statutes, Sections 469.041 to 469.047 and Section 469.174 to 469.179, and WHEREAS, the Plans have been submitted to the Lakeville Planning Commission pursuant to Minnesota Statutes, Section 469.027 .and Section 469,175, Subd. 3(3)' and WHEREAS, the Planning Commission has reviewed the proposed Plans to determine the consistency of the Plans to the Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville Planning Commission that the Redevelopment Plan and Financing Plans are consistent with the Lakeville Comprehensive Plan and the Commission recommends forwarding of the findings to the Lakeville City Council. Adopted . 199 / Chairman A ST: i~.'~ PAGE l OF 1 Lakeville TIF-2, Mod I, TIF-3, Mod 2 1/21/97 Planning Commission Resolution