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HomeMy WebLinkAbout02-03-11CITY OF LAKEVILLE Planning Commission Meeting Minutes FEBRUARY 3, 2011 The February 3, 2011 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Secretary Adler Commissioner Drotning Commissioner Maguire Commissioner Blee Absent Commissioner Grenz Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach Johnson, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The January 20, 2011 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Exhibit K, Midwest Asphalt Neighborhood meeting notes, for Agenda Item 5. This was also e- mailed to the Planning Commission members. 2. E -mail from a Lakeville resident regarding the Midwest Asphalt IUP. 3. Draft minutes from the February 2, 2011 Parks, Recreation and Natural Resources Committee meeting regarding the Midwest Asphalt IUP. Mr. Morey reminded the Planning Commission that there is a work session immediately following tonight's meeting. ITEM 5. MIDWEST ASPHALT CORPORATION Chair Davis opened the public hearing to consider the application of Midwest Asphalt Corporation for an Interim Use Permit to allow mining and excavation on property located in Municipal Urban Service Area (MUSA) Expansion Area B, located at the northeast corner of Kenrick Avenue and 195t" Street. The Recording Planning Commission Meeting February 3, 2011 Page 2 Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Blair Bury, President of Midwest Asphalt Corporation presented an overview of their request. Mr. Bury indicated that they will follow MPCA rules. He stated that since they will be adjacent to I -35, he does not anticipate any increase in existing noise levels due to the mining operation and they will be well within MPCA noise requirements. Mr. Bury feels there will be room for a bike path along the bluff area and it won't be an issue when the time comes to construct the trail. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey clarified that Midwest Asphalt Corporation is the applicant, and Ashbury, LLP is the owner of the property. He commented that at their February 2, 2011 meeting, Parks, Recreation and Natural Resources members commented about the proposed trail system along the bluff and staff agreed that they would like the area adjacent to the bluff in the southeast corner of the property maintained until funding for the construction of the trail is obtained. Mr. Dempsey clarified Stipulation 12 in the January 28, 2011 planning report and amended it to read: 12. Extraction, eFushing and hauling Operations shall be performed between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Rock crushing shall not occur on Saturdays. Mr. Dempsey stated that should the Planning Commission recommend approval of an Interim Use Permit for Midwest Asphalt Corporation, Planning Department staff recommends the 23 stipulations listed in the January 28, 2011 planning report, as amended, and adoption of the Findings of Fact dated February 3, 2011. Chair Davis opened the hearing to the public for comment. Rebecca Sterner, 11560195 Street Ms. Sterner lives south of 195th Street and indicated that she would have liked to have received notification of the public hearing. She asked for an explanation of the public hearing process. Ms. Sterner stated that she is opposed to this project due to wildlife, noise, and dust impacts. Craig Manson, 19839 Jersey Az?enue (President of the Lake Marion Honieou7ners Association) Mr. Manson expressed concerns about water quality, stormwater run -off, future boat traffic, and maintaining the existing bluff. He supports the City's trail system plan and indicated support for the completion of the trail connection in his lifetime. Planning Commission Meeting February 3, 2011 Page 3 Evan Easton, 18924 Katrine Court Mr. Easton agrees that the noise levels from the freeway are high and he feels that inclusion of noise from the mining operation will exceed MPCA requirements. He asked if a noise level study could be done prior to the start of the mining operation. Jolm Osborne, 18932 Katrine Court Mr. Osborne's letter to Mr. Dempsey was included in the Planning Commission packet. He also feels the noise levels will exceed the MPCA rules and would like a noise study done. 11.04 Motion was made and seconded to close the public hearing at 6:33 p.m. Ayes: Maguire, Lillehei, Davis, Adler, Blee, Drotning. Nays: 0 Mr. Dempsey indicated that the Zoning Ordinance requires written notification be sent to property owners within 500 feet of the subject property. He stated that the Midwest Asphalt public hearing notice was also sent to property owners located more than 500 feet from the subject property on the north side of Lake Marion that are in view of the property as well as to the Lake Marion Homeowners Association. The public hearing notice was also published in the City's official newspaper. In addition and consistent with City policy, a public notice sign was placed along Kenrick Avenue to inform interested parties of a pending land use application for this property. Chair Davis stated that boat traffic issues are beyond the Planning Commission's purview. Mr. Bury responded to the noise level concerns. He stated that the freeway decibels and the mining operations decibels are not cumulative. The freeway noise is greater than the mining noise. He stated that the mine would operate within the MPCA guidelines for noise at the property lines. Mr. Morey indicated that the City has performed decibel tests in the past in response to a noise complaint. He indicated that the maximum allowable decibel levels are different during the day and night. Mr. Morey stated that the freeway is a pre - existing use. The noise level of the mining operation should be considered on its own merits to determine if the mining operation would exceed the allowable noise levels. Chair Davis asked for comments from the Planning Commission. Discussion points were: Planning Commission Meeting February 3, 2011 Page 4 • Ground elevation of the crushing area. Mr. Bury indicated that there would not be significant changes to the elevation on the east side of the pipeline except to raise the elevation for rehabilitation. There would not be rock crushing in the bowl area. The crushing would be well below the existing bluff. He stated that mining operations on the west side of the property may be able to be seen from Kenrick Avenue given the elevation of the existing grades. • Safety concerns were discussed regarding truck traffic on the frontage road. Mr. Bury felt that truck traffic on Kenrick Avenue has improved since other mining operations west of the freeway have been discontinued. • The access road off of Kenrick Avenue (frontage road) would stay in that location for as long as possible, but when the grade changes, the road will have to be re- graded as part of the rehabilitation. • Mr. Dempsey explained that the previous conditional use permit for the subject property was approved in 1993. The mining was discontinued in 2002 but the site rehabilitation was not completed. Midwest Asphalt Corp. cannot expand the mining area approved under the 1993 CUP. • Mr. Bury indicated that due to indecision on the property owner's part, along with market changes, the rehabilitation under the 1993 CUP was not completed. He stated that Midwest Asphalt needed to determine what the future land use for this property would be when the mining is complete. • CenterPoint Energy has stated that they will not approve any new equipment crossings over their pipeline. In order to bring material from one side of the pipeline to the other to balance the site, the trucks will have to use the existing access road. • Commissioner Lillehei expressed concern that the security amount listed in Stipulation #9 of the planning report may not be adequate to ensure completion of the required rehabilitation east of the pipeline. Mr. Dempsey explained how the $1,500 /acre security amount listed in Stipulation #9 was determined. Mr. Morey indicated that the security amount could instead be determined according to a cost estimate to complete the rehabilitation prepared by the project engineer and reviewed by the City Engineer. The security requirement would be included in the site improvement performance agreement, which is similar to a development contract and is approved by the City Council. The second sentence in Stipulation #9 was suggested to be amended as follows: Planning Commission Meeting February 3, 2011 Page 5 9. A $1, uFit y A security deposit shall be submitted by the operator for- each aer-e of land remaining to be F ehabilitated in an amount to complete the rehabilitation plan. • Commissioner Drotning commented that there will be a lot of activity on the site, which may mean wildlife will be moving until the rehabilitation is completed. • The Planning Commission discussed the trail system plan. The Parks, Recreation and Natural Resources Committee did not make a motion on the Midwest Asphalt IUP at their February 6, 2011 meeting. It was discussed as an informational item at their meeting. Parks and Recreation Director Steve Michaud raised a concern about the proposed mining of an area in the southeast corner of the property adjacent to the existing bluff. He indicated that because the process of acquiring funding for this trail corridor is on- going, he would like mining in this area delayed until the funding process has been completed in order to enhance the City's trail corridor location options in this area. The Planning Commission agreed that the proposed mining in this area does not preclude the future construction of the trail corridor and that a stipulation should not be added due to the lack of a specific timetable for obtaining the necessary funding. • Vehicle traffic noise along with truck engine breaking noise was discussed. Mr. Morey stated that excessive engine breaking would need to be managed by the operator and potentially enforced by the police department. He indicated that residents should first contact the mining operator if they have a problem with truck engine breaking noise. • The monitoring of the mining operation was discussed. Mr. Dempsey stated that if the Interim Use Permit is approved by the City Council, Midwest Asphalt must obtain an annual mining permit as required by City Code prior to commencing the mining operation. He indicated that the annual mining permit must be approved by the City and a report must be submitted by the mining operator identifying the amount of fill and restoration that was completed the previous year as well as what is expected to be completed within the next year. The annual minin permit and the report submitted by the operator for mining and rehabilitation is used by the City to monitor the on -going mining operation. 11.05 Motion was made and seconded to recommend to City Council approval of the Midwest Asphalt Corporation Interim Use Permit to allow mining and excavation on property located in MUSA Expansion Area B, located at the northeast corner of Kenrick Avenue and 195th Street, subject to the following 23 stipulations, as amended, and adoption of the Findings of Fact dated February 3, 2011: Planning Commission Meeting February 3, 2011 Page 6 1. The conditional Use Permit approved for this property in 1993 shall terminate upon City Council approval of this Interim Use Permit. 2. The boundaries of the excavation and mining area shall be limited to the area identified in the approved plans. Orange snow -fence shall be installed at the boundary of the bluff impact zone and shore impact zone to ensure that the boundaries are not breached during excavation and rehabilitation. 3. Mining and rehabilitation including extraction and grading, proposed drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Mining and Excavation plan developed by Sathre Berquist, Inc., dated January 7, 2011. 4. Perimeter side slopes may be mined to a maximum slope of 1.5:1 and shall be back - filled to a maximum of 3:1 (33 %) slope or perimeter fencing of the mining area shall be installed by the operator. No trespassing signs shall be installed at regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and 195th Street. 5. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 6. To achieve and maintain a continual earth balance of the entire property, Midwest Asphalt Corporation shall not mine more than 244,000 cubic yards of aggregate material from the west side of the gas pipeline until it can be demonstrated and documented to the City that a greater quantity of engineered fill material has previously been imported to the property to allow additional mined aggregate to be removed. 7. Blasting shall not occur on the property unless approved by an amendment to the interim use permit and confirmation by CenterPoint Energy or their successors. 8. The plans are implemented according to the recommendations outlined in the Engineering memorandum dated January 28, 2011. 9. A site improvement performance agreement and annual mining 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 in an amount to meet the 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. 10. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 11. 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. Planning Commission Meeting February 3, 2011 Page 7 12. Operations shall be performed between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Rock crushing shall not occur on Saturdays. 13. 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. 14. Asphalt or concrete production is not permitted on the property unless approved by an amendment to the interim use permit. 15. Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extraction site. 16. 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 surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self - sustained. 17. Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the mining operation. Earthen berms a minimum of four feet tall shall be extended along Kenrick Avenue and 195th Street to maximize visual screening during the operation of the mine. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. 18. With the exception of Kenrick Avenue, truck haul routes are not permitted on City owned streets unless approved by the City. 19. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 20. All mining and excavation and rehabilitation of the site shall be completed by December 31, 2021 unless approved by an amendment to the interim use permit. 21. Excavation is prohibited below an elevation of 1004 (sea level) except for the construction of the settling ponds. 22. 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. 23. Confirmation from the property owner must be provided to the City that the well and septic system were abandoned according to state and local requirements. Plaruling Commission Meeting February 3, 2011 Page 8 Ayes: Lillehei, Davis, Adler, Blee, Drotning, Maguire. Nays: 0 There being no further business, the meeting was adjourned at 7:21 p.m. The Planning Commission went immediately into a work session. Respectfully submitted, I 1 Penny Brevig, Recording ret ry 2/03/11 A rr==.