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HomeMy WebLinkAbout20130827 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 27, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, August 27, 2013. Vice-Chairperson Miller called the meeting to order at 6:30 p.m. with Commissioners Husain, Weber, and Kurle present. Chairperson Powell was absent. Also in attendance were Senior Planner Zweber, Assistant City Engineer Olson, Economic Development Intern Hadler and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda:None. Audience Input: None. Consent Agenda: a. Approval of the July 23, 2013, Regular Meeting Minutes Commissioner Husain stated that it seems confusing when a public hearing opens and closes within the same minute as indicated on the first public hearing in the minutes and requested to change the time the public hearing was closed to one minute later. MOTION by Husain to approve the Consent Agenda with the afore-mentioned change. Second by Kurle. Ayes: 3. Nays: 0. Abstain: 1. Weber was not present at that meeting. Motion approved. Public Hearing : 5.a. Request by SKB Environmental to Extend the Expiration Date of their Interim Use Permit Senior Planner Zweber stated that from October 7, 2013 to December 31, 2013 (Case 08-18-IUP). on October 7, 2008, the City Council approved a five-year Interim Use Permit (IUP) to SKB Environmental, Inc. for the operation of an industrial waste and construction & demolition debris landfill at 13425 Courthouse Boulevard with a total capacity of 26,874,103 cubic yards. SKB has submitted a request for a new IUP that would expand their landfill including filling slightly over 9 acres of wetlands. SKB is preparing a wetland mitigation plan, but that plan has yet to be submitted. For that reason, staff cannot support a recommendation for the requested expansion at this time. Commissioner Husain asked when the wetland mitigation plan would be available. Mr. Zweber stated the applicant will have the wetland plan available in time for the Planning Commission meeting th on September 10. th Commissioner Miller asked if continuing the item to the September 10 meeting would leave sufficient time to make any changes between that meeting and the Council meeting. Mr. Zweber th responded that staff would prefer to have it continued to the 10 so there may not be a need to have meeting at the end of September and the applicant would prefer to have the item go to Council on st October 1 to potentially have the 5 year IUP approved before their current IUP expires. Mr. Zweber further stated that staff does not anticipate there being any changes to the request between meetings. The applicant, Jon Penheiter of SKB Environmental, was present and stated they will have the wetland plan available at the end of this week. Commissioner Miller asked the applicant if they expect any public comment on this matter and Mr. Penheiter replied that they had an open house PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 27, 2013 PAGE 2 for the public to attend and receive some comment, but do not expect anything further. The public hearing was opened at 6:40p.m. There were no public comments. MOTION by Kurle to close the public hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:41p.m. Commissioner Husain asked for an explanation of the rates referenced in the Development Commitment of the current Interim Use Permit. Mr. Zweber explained how landfills in Dakota County have host agreements with the community they are located in which include fees based upon the amount and type of waste at the landfill. He explained how in the agreement with the City and SKB, those fees are paid to the City and to the SKB Trust, but that the City Council monitors the rates and the Planning Commission does not have any control over that part of the agreement. MOTION by Kurle to recommend that the City Council Extend the Expiration Date of their Interim Use Permit from October 7, 2013 to December 31, 2013. Second by Husain. Ayes: 4. Nays: None. Motion approved. 5.b. Request by SKB Environmental for an Interim Use Permit including an Expansion to their Senior Planner Zweber reviewed Landfill which would Fill Wetlands (Case 13-16-EAW, 13-17-IUP). the staff report stating SKB Environmental, Inc. (SKB) is requesting a revision to their Interim Use Permit (IUP) to allow an expansion to their facility at 13425 Courthouse Boulevard from 151 acres of disposal area to 167 acres of disposal area. The proposal includes an expansion in total disposal volume from almost 27 million cubic yards to a little more than 35 million cubic yards, representing a 32% increase in volume. The increased volume is accomplished by expanding the footprint of the landfill by 16 acres and an increase in the finished height of the landfill by 50 feet. Increasing the footprint of the landfill will require filling 9.19 acres of designated wetlands. The public hearing was opened at 6:47p.m. There were no public comments. MOTION by Weber to Continue the Public Hearing for the SKB Environmental, Inc. Interim Use Permit request to September 10, 2013. Second by Husain. Ayes: 4. Nays: None. Motion approved. Public hearing was continued. Old Business : Senior Planner Zweber reviewed the comments received and changes 6.a. UMore AUAR Comments. made to the draft AUAR. Mr. Zweber further stated that the City Council reviewed the comments and draft responses at their work session on August 5, 2013. The Council was comfortable with the responses drafted by staff and agreed it was acceptable to send out for the final 10-day comment period. Empire Township is also running this draft through their Planning Commission and Town PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 27, 2013 PAGE 3 Board. Commissioner Miller expressed his concern with the number of additional wells being proposed and requested staff to closely monitor this as development moves forward to mitigate the water usage as much as possible. Also, Commissioner Miller requested staff to monitor the protection of the lake and to provide additional buffers to avoid any pollutants going into the lake. Thirdly, Commissioner Miller asked staff if traffic model was going to be revised based on MnDOT comments and Mr. Zweber responded that the traffic modeling will be reviewed and modified at each ten year update to the Comprehensive Plan. Commissioner Kurle asked about the letters received from the MN Department of Health regarding the possible risks of mining contaminants getting into the aquifer. Mr. Zweber stated that those two letters were received in 2012 as part of the mining permit discussion and through that discussion, the groundwater monitoring system was developed. He further stated that results from that monitoring system will start coming next year where they will be reviewed during the gravel mining reviews by the Commission. Commissioner Weber asked how soon the development could begin as the mining phases move south. Mr. Zweber replied that the first phase could begin in as little as 15 years, but the aggregate mining part of the permit is requested to be a 40 year operation. He further stated that the University is looking into how much land they could add to the City’s next Comprehensive Plan amendment. New Business : nd 7.a. Request by Lennar Corporation for Approval of the Bella Vista 2 Addition Final Plat (13-30- Economic Development Intern Hadler reviewed the staff report stating the applicant, Lennar FP). nd Corporation (Lennar), requests approval of a Final Plat for Bella Vista 2 Addition to allow development of 28 single family lots. The final plat is necessary to facilitate subdivision of the subject property into individual residential lots, outlots and public streets. Staff finds the application consistent with the Bella Vista Preliminary Plat and recommends approval of this application subject to the conditions. Commissioner Weber asked for an explanation of the 42-52 AUAR costs referred to in Condition #5. Mr. Zweber explained the 42-52 AUAR and costs associated with that and also stated that the $8,715 is for the entire 158 lots and will not be a condition on the following final plats. Commissioner Miller asked if the adjustment to the wetland buffers in Condition #6 was initiated by staff or the developers. Mr. Zweber showed on the plat diagram where the buffers needed to be adjusted on Lots 22 and 23 to meet the code requirement. Commissioner Husain asked for an explanation of Condition #11 and also asked if all of the utilities could be installed at the same time for efficiency. Assistant City Engineer Olson explained how the utilities are set up along Bonaire Path and Bacardi Avenue to provide for the Bella Vista development and Mr. Zweber stated that is why the Council needs to initiate the utility contracts before the building permits are issued to the developer. MOTION by Weber to Recommend that the City Council approve the Final Plat for Bella nd Vista 2 Addition, subject to the following conditions: 1.Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 27, 2013 PAGE 4 other accessory structures; and shall prohibit landscaping that would impede drainage. 2.Conservation easements shall be recorded over all wooded areas, wetlands, wetland buffers, stormwater ponds and stormwater buffer strips. Fences are not allowed in the conservation easements. 3.Create and record a restrictive covenant on the retaining wall located on private property that ensures that it is the homeowner’s cost and responsibility to maintain the retaining wall. 4.Developer will fund up to 50% of the cost to upgrade Bacardi Avenue. 5.Payment of $8,715 for the prorated portion of the 42-52 AUAR costs. 6.Wetland buffers at Lots 22 and 23, Block 11 should be adjusted to allow twenty (20) foot setback. 7.Payment of $37,290 for landscaping security. 8.Compliance with the conditions and standards within the City Engineer’s Memorandum dated August 20, 2013. 9.Compliance with the conditions and standards within the Park and Recreation Director’s Memorandum dated August 22, 2013. 10.Compliance with the conditions and standards within the Fire Marshal’s Memorandum dated August 16, 2013. nd 11.Development of Bella Vista 2 Addition is predicated on the City Council authorizing installation of public utilities and upgrading of Bacardi Avenue to an nd urban section. No building permits will be issued for Bella Vista 2 Addition prior to the City Council ordering the Bacardi Avenue road and utility project. Second by Husain. Ayes: 4. Nays: None. Motion approved. As follow-up, Mr. Zweber stated this item will go before the City Council at the meeting on October 1, 2013. Reports : Senior Planner Zweber stated the 8.a. September and October Planning Commission Meetings. th only agenda item for the September 24 Planning Commission meeting will be the AUAR comments so staff would like the Commission to determine if they would like to cancel the meeting thth on the 24 and have a meeting on October 8 instead. Staff will get responses from the Commission next week by email. Also, Dakota Aggregates will be mailing invitations to the th Commissioners for an open house on October 10 from 4:30-6:30pm. Adjournment There being no further business to come before this Commission, Vice- : Chairperson Miller made a motion to adjourn, seconded by Commissioner Kurle. The meeting was adjourned at 7:23p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary