Loading...
HomeMy WebLinkAbout20111227 PCM RM Minutes PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 27, 2011 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, December 27, 2011. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Demuth, Weber, Miller and Dinella present. Commissioners Irving and Ege were absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:None. Audience Input: None. Consent Agenda: a. Approval of November 22, 2011, Regular Meeting Minutes b. Approval of November 22, 2011, Work Session Meeting Minutes MOTION by Dinella to approve the Consent Agenda. Second by Demuth. Ayes: 5. Nays: None. Motion approved. Public Hearings: Planner Lindahl stated Vesterra-Stonex Mineral Extraction Permit Renewal for 2012 (11-32-ME). the applicant, Jonathan Wilmshurst of Vesterra LLC/Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permit for 2012. The subject properties are located south of Bonaire Path, ¼ mile west of Blaine Avenue (County Road 71). The properties are owned by Flint Hills Resources which leases them back to the applicant for mineral extraction. While Flint Hills and Vesterra, LLC/Stonex, LLC are parties to the permit, the responsibility for securities and compliance with the conditions remains with Vesterra and Stonex as the property lessee. Commissioner Miller asked if there have been any concerns from residents regarding this site and Mr. Lindahl stated there have not been any reported concerns. Commissioner Weber asked how close this mine was to Shafer Contracting. Mr. Lindahl showed on the map where the Shafer mine is located about ½ or ¾ miles north of the Vesterra site. Commissioner Weber asked if there is anything in the ordinance that limits the amount of mines allowed in the City. Senior Planner Zweber explained how the area is designated as a mining area. Commissioner Miller asked how the surety bond amount of $7,500 per acre was established. Mr. Lindahl stated that is the amount the Engineering Department determined could be incurred if the City would be required to do reclamation of the site. Mr. Zweber also added that in recent research done by UMore with respect to their proposed mining, $7,500 per acre is close to the current rate for reclamation costs. Commissioner Miller asked if the testing requirement in Item FF of the permit could be more specific as to require actual supporting information of testing the material. Mr. Lindahl stated the condition could be modified as requested. PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 27, 2011 PAGE 2 Commissioner Dinella asked if the Commission could approve this item when there were two different plans yet to be submitted: the dust control plan and the landscaping plan. Mr. Lindahl responded that staff will work with the applicant to receive the dust control plan before the City Council meeting and that staff is satisfied with the reclamation plan for the landscaping plan requirement and will correct Item BB to reflect same. He further stated that the Commission can move on this item without the two plans. Chairperson Powell’s questions included if there were any compaction requirements in the protocol or permit; a clarification of the exhibits in the permit; if there is a restriction to the operating hours in the permit; why the surety bond extends through July of the following year; whether the City has ever considered a more liquid method rather than a surety bond; and why there isn’t more than 2 inches of topsoil required. Staff responded that the compaction requirements are contained in the protocol and is the same as other mines at 95% compaction required. Exhibit 1 is the legal description; Exhibit 2 is the reclamation plan; and Exhibit 3 is the present conditions plan. The restriction for operating hours is contained in the ordinance and the company would not be allowed to operate on Sundays. The permit does not override the conditions of the ordinance. The surety bond extends beyond the end of the year to allow for weather conditions that may prevent final reclamation of the site. With respect to more liquid option for surety purposes, Mr. Zweber stated that the City has not had an issue with surety bonds due to the procedure of not accepting applications for renewal without the payment of any issues from the year before. Mr. Zweber also stated that the minimum depth of 2 inches for topsoil is what the ordinance currently requires. Staff may be modifying this in the ordinance in the future to require more topsoil. Applicant, Jim Bowers, one of three owners of Vesterra-Stonex approached the Commission and stated he was available for questions. The public hearing was opened at 6:59p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Dinella. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 6:59p.m. MOTION by Miller to recommend the City Council approve the renewal of the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2012, subject to the standards outlined in Section 12.4 of the Zoning Ordinance and the 2011 Conditions for Mineral Extraction, including: 1.Provision of a surety bond as required under item M of the 2012 Conditions for Mineral Extraction. 2.Provision of a certificate of comprehensive general liability insurance as required under item N of the 2012 Conditions for Mineral Extraction. PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 27, 2011 PAGE 3 3.Amendment to Item FF of the permit to the have the last sentence read as “The bi-annual reports submitted shall describe the quantities of material brought in, where the material came from, and the test results, including supporting analytical results of the materials”. Second by Demuth. Ayes: 5. Nays: None. Motion approved. b. Ryland Group Preliminary Plat, Planned Unit Development Master Development Plan and Comprehensive Guide Plan Amendment for Greystone Development (11-33-PP, 11-34-PUD, 11-35- Senior Planner Zweber stated the Ryland Group has submitted an application for a 50 lot CP) subdivision on the 23 acre parcel owned by Minnova Land LLC. The request would amend the Comprehensive Plan land use designation from MDR: Medium Density Residential to LDR: Low Density Residential and the zoning from AG-P: Agricultural Preserve to R-1: Low Density Residential. Mr. Zweber further stated that staff has reviewed the submittal and found that the initial design would have transportation concerns and may impact a possible wetland on the property to the east. Mr. Zweber stated that staff has discussed potential changes to the design with the applicant on December 19 and Ryland Group has requested a continuance to January 24, to revise the plan to address road alignment issues. The public hearing was opened at 7:03p.m. There were no public comments. MOTION by Powell to continue the public hearing to the January 24, 2012, Planning Commission meeting. Second by Dinella. Ayes: 5. Nays: None. Motion approved. Old Business None. : New Business None. : Reports None. : Adjournment There being no further business to come before this Commission, the meeting was : adjourned at 7:04p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary