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HomeMy WebLinkAbout20131126 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, November 26, 2013. Chairperson Powell called the meeting to order at 6:30 p.m. with Commissioners Weber, Husain and Miller present. Commissioner Kurle was 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 the October 22, 2013, Regular Meeting Minutes MOTION by Weber to approve the October 22, 2013 Regular Meeting Minutes. Second by Miller. Ayes: 3. Nays: 0. Abstain: 1. Husain was not present at the October 22, 2013 Meeting. Motion approved. Public Hearing : RECESS REGULAR PLANNING COMMISSION MEETING AND OPEN BOARD OF APPEALS AND ADJUSTMENTS MEETING a. Kurt Walter-Hansen Variance Request to Allow Gas Station Sign within Setback (13-35-V). Planner Lindahl stated the applicant, Dr. Kurt Walter-Hansen, is requesting a ground sign setback variance to locate a new ground sign in the same location as the previous non-conforming ground sign on the former Marathon gas station property located at 14685 South Robert Trail. Mr. Lindahl reviewed the staff report. Commissioner Miller expressed his concern that the masonry condition could obstruct the intersection. Mr. Lindahl showed a picture of the corner and stated the design of the sign should allow clear view around the corner. Chairperson Powell asked about the sight triangle requirement. Project Engineer Olson responded that this property was grandfathered in with respect to the 25 foot sight triangle requirement and even so, the sign would be within the sight triangle. He stated the side posts should allow the ability to see and that there were no complaints with the previous sign with the same design. Mr. Lindahl added that this area is zoned C3 surrounded by Downtown and a higher residential density so as the overall pattern in the neighborhood has limited setbacks. Commissioner Husain asked what the intention of the property to the south of the gas station and if there would be concerns with the gas station sign to this property. Senior Planner Zweber explained that the empty lot to the south is guided and zoned as DT – Downtown District and a senior housing project is proposed there by the Dakota County CDA. He further stated he does not expect any concerns with the gas station sign affecting the senior housing property. The public hearing was opened at 6:47p.m. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 2 There were no public comments. MOTION by Weber to Close the Public Hearing. Second by Powell. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 6:48pm. Commissioner Miller asked if it is required to have Condition 1.A. requiring the sign to be constructed of masonry since masonry may cause limited sight ability at the corner. Also, Commissioner Miller asked if there is a time limit of the lighting at the gas station with the residential around the business and future residential development. Mr. Lindahl replied that the sign ordinance does require masonry that is equal to 50% of the base of the sign but if the Board of Appeals wishes to approve a variance to that requirement, they can do so. With respect to the lighting, Mr. Lindahl stated that the district requirements does require building signage facing residential areas be shut off by 9:00pm, but the Board can add an earlier time requirement if they wish. Chairperson Powell added that the sign will be in place when future development is completed and residents will be aware of the sign lighting when choosing their unit. MOTION by Miller to approve a ground sign setback variance from 10 feet to 5 feet along th South Robert Trail and from 10 feet to 6.6 feet along Lower 147 Street West to allow a new ground sign in the same location as the pervious non-conforming ground sign at 14685 South Robert Trail, subject to the following: 1.The proposed ground sign shall comply with all sign regulations including but not limited to: A.The proposed sign will have a masonry base equal to at least fifty (50) percent of the sign face. The masonry base shall extend to the top of any support columns and be no further than two (2) inches from the bottom of the sign cabinet. B.An area not to exceed sixteen (16) square feet within the freestanding sign shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or nonelectronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. Commissioner Miller requested that instead of Condition 1.A., he would like to have the applicant meet with the staff to come up with a design for the sign that may not be all masonry so as not to limit visibility. Ayes: 4. Nays: None. The Motion was voted on and approved without a second to the motion. Mr. Lindahl reviewed with the Commission the appeal process of variances and the 10 day waiting period. RECESS BOARD OF APPEALS AND ADJUSTMENT MEETING AND RE-CONVENE REGULAR PLANNING COMMISSION MEETING. b. Request by Dakota Aggregates for a Large Scale Mineral Extraction Annual Operating Permit PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 3 Dakota Aggregates has applied for the annual renewal of their large scale for 2014 (13-33-ME). mineral extraction permit on the UMore property. In 2013, the mining was limited to the area along County Road 46 and Station Trail. For 2014, Dakota Aggregates is proposing to expand more into the area adjacent to County Road 46 and Station Trail and also begin mining about ¼ mile south of County Road 42. Senior Planner Zweber reviewed the staff report. Commissioner Husain asked about the potential to have haulback material in 2014 and where in the mining site it would occur. Mr. Zweber replied that he would refer the question of location to the applicant but that it would likely occur in the north dry mining area rather than the dry/wet mining area to the south. Staff tries to set up mineral permits equally and haulback was included in this permit as a future potential, not a probability for 2014. Chairperson Powell asked if all the conditions to this renewal are the same as their original issuance except for the requirements for the monitoring wells which have been completed. Mr. Zweber responded that was correct, including the additional locations of mining and permits they are required to get. Commissioner Weber asked for a clarification of the buffering around the mining areas to the west and north. Mr. Zweber showed on the map where the berms are located. The public hearing was opened at 7:08p.m. Applicant, Shawn Dahl with Dakota Aggregates, stated that with respect to haulback, they have the ability to facilitate it when the need arises but they do not have any haulback in line at this time and the dry/wet mining area would never be considered as a haulback area. There were no comments from the public. MOTION by Powell to Close the Public Hearing. Second by Miller. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:10pm. MOTION by Weber to recommend the City Council renew the Dakota Aggregates Large Scale Mineral Extraction Permit for 2014, subject to the terms and conditions in the attached 2014 Draft Conditions for Mineral Extraction. Second by Miller. Ayes: 4. Nays: None. Motion approved. Shafer Contracting c. Shafer Contracting Mineral Extraction Permit Renewal for 2014 (13-37-ME). has applied for the annual renewal of the mineral extraction permit for their property located one th mile north of 135 Street East and ¼ mile west of Rich Valley Blvd. (County Road 71). Senior Planner Zweber reviewed the staff report. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 4 Commissioner Husain asked if the water tests completed by Dakota County and Shafer Contracting last year were done independently from each other. Mr. Zweber stated that Shafer completed the tests first before last year’s Planning Commission review and then staff met with Mr. Ista, Ms. Schnieder and Frank Weiss of Shafer Contracting. He further stated the County completed the tests after the Planning Commission review and provided the results to the residents. The County test last year and the Shafer test this year were negative for total coliform. The public hearing was opened at 7:19p.m. Joan Schnieder, 12255 Rich Valley Blvd, Rosemount, who lives directly east of the Shafer pit, stated her concerns include the dust, tailgate banging, the backup alarms, the constant noise coming from the pit, and the lack of reclamation. She stated where there was supposed to be reclamation at this point is a big hill of dirt with no grass. She stated they are operating in three phases with no reclamation. There were no further public comments. MOTION by Miller to Close the Public Hearing. Second by Husain. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:23pm. In response to Ms. Schnieder’s comments, Mr. Zweber stated he has inspected the property twice in 2012, once in spring of 2013 and just recently on October 29, 2013, and each time, the area of reclamation had vegetation on it. He further stated that he has extended invitations to Ms. Schnieder and the other residents in the area to contact him if they have any concerns and he did not hear from anyone in 2013. With respect to the dust and noise concerns, Shafer is required to comply with the dust control plan and noise from equipment is allowed during hours of operation. Chairperson Powell asked if staff or the police department has received any complaints or calls of concern. Mr. Zweber stated that the police department has set up a case number specifically for the Shafer mine and no calls were received so far this year. Chairperson Powell asked if the MPCA has requirements to restore or recover certain areas. Mr. Zweber responded that they have requirements for restoring areas that will not be disturbed again and they have completed that. Commissioner Weber asked if the restriction in Item DD of the Conditions regarding tailgate slamming should be monitored and whether or not dust mitigation is in the permit. Mr. Zweber stated that if a resident hears tailgate slamming, they should contact the City to say it is occurring. Mr. Zweber also stated that Shafer should be using the designated haulroute so the trucks shouldn’t need to backup. He further stated that Item G of the Conditions states there is a dust control plan requirement. Commissioner Husain asked if the City has a dust control plan and asked for a clarification of the berming. Mr. Zweber stated that the City received the dust control plan as part of the EAW that was completed in 1998. He further showed the contour lines on the site plan to show the depth of the pit compared to Ms. Schnieder’s property and stated the berms at the edge were seeded this fall and will be seeded again in the spring. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 5 Chairperson Powell stated a lot of issues have been raised that are addressed in the permit but staff has not received any formal complaints other than at the public hearing. He instructed residents to call the City or the Police Department if there is a concern while the mining is in operation. There have been a lot of these issues raised at this public hearing and addressed in the permit but the City does not have a record of complaints made while the mine is operating. MOTION by Powell to recommend the City Council renew the Shafer Mineral Extraction Permit for 2014, subject to the terms and conditions in the attached 2014 Draft Conditions for Mineral Extraction. Second by Miller. Ayes: 4. Nays: None. Motion approved. The applicant, d. Stonex-Vesterra Mineral Extraction Permit Renewal for 2014 (13-36-ME). Jonathan Wilmshurst of Vesterra LLC/Stonex LLC, requests renewal of the Vesterra and Stonex mineral extraction permit for 2014. The subject properties are located south of Bonaire Path, ¼ mile west of Blaine Avenue (County Road 71). Planner Lindahl reviewed the staff report. Chairperson Powell asked about the complaints received in 2013. Mr. Lindahl replied that the complaints were generally about dust concerns along Bonaire Path and are assumed to be related to the Stonex-Vesterra pit. He further stated that the applicant has acknowledged the challenges of dust control through the summer months and they have taken measure to correct it. The public hearing was opened at 7:43p.m. There were no public comments. MOTION by Powell to Close the Public Hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:44pm. Applicant, Jim Bauers, one of the owners of Stonex-Vesterra, stated that they did not inform the drivers of the Bonaire Path route to get out of the pit and dust was worse for a period of time until that was corrected. He stated they have had discussions with Solberg about using sodium chloride more often as necessary. Mr. Bauers also stated they were basing their driveway plans on Blaine Avenue being upgraded to a 9 ton road, and it wasn’t which stops them from using Highway 71 in the spring for a haul road. Chairperson Powell asked about the road designations for a certain weight limit. Project Engineer Olson stated the section of Blaine Avenue north from County Road 42 is a 7 ton road and staff did have discussions with the County and they said they would do additional testing to see if they could upgrade the road to a 9 ton road but that testing will not be completed until next year. MOTION by Husain to recommend the City Council renew the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2014, subject to: 1.Provision of a surety bond as required under item M of the 2014 Conditions for Mineral Extraction. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 6 2.Provision of a certificate of comprehensive general liability insurance as required under item N of the 2014 Conditions for Mineral Extraction. Second by Weber. Ayes: 4. Nays: None. Motion approved. Chairperson Powell stated he would encourage staff to look at the dust control plans with the applicants for each of the permits at tonight’s meeting. Northern Natural Gas e. Northern Natural Gas Request for Essential Services Permit (13-34-ESP). Company (NNG) is proposing to install a 12 inch natural gas pipeline to provide service to the Flint Hills Resources refinery. The pipeline will connect the existing 30 inch pipeline located about a ½ mile south of County Road 46 in Coates to the refinery. Under the zoning ordinance, this type of transmission utility activity requires an essential services permit. Senior Planner Zweber reviewed the staff report. Chairperson Powell asked about the process of approving essential service permits and what section of the code governs them. Mr. Zweber responded that the City last issued an essential service permit to NNG in 2007 where they installed a parallel line to their existing line out of Farmington from Bacardi Avenue to Bonaire Path. He stated that the findings in this case meet the code, but are very general in the process because there are state and federal regulations that trump the local installation requirements. He further stated that NNG supplies utilities to a number of small cities where having redundancies are common and they consider Flint Hills to be a small city. The public hearing was opened at 8:12p.m. th David Kendall, attorney for Carey and Leslie Rechtzigel who live at 3330 145 Street East approached the Commission. Mr. Kendall stated that the Rechtzigels actually preferred the route to stay on the east side of Highway 52 but both MnDot and the City have objections to that route. He further stated the Rechtzigels are requesting the line follow the easements already existing on their property along the MinnCan line. NNG has indicated they would be willing to work with them and they will have to discussion the matter with Flint Hills. Mr. Kendall stated the Rechtzigels are requesting that their property not be subdivide any further. Chairperson Powell asked Mr. Kendall if NNG could condemn the property to obtain the easement if an agreement is not reached and Mr. Kendall confirmed that they could use eminent domain to obtain the property if necessary. th Kenny Schindeldecker, 4485 160 Street East, has lived on Donnelly Avenue since 1976 and has never known whether it was a private or a public road so he thanked Mr. Zweber for saying it was a private road earlier in his presentation. Mr. Schindeldecker requested that NNG repair Donnelly Avenue after all of the installation of the pipeline is completed. He stated he does all of the plowing and grading and would NNG to leave the road as they found it. Mr. Schindeldecker also requested a hook up to the line since it will be only 25 feet from where he lives. He also stated his concern with the installation taking place in the summer when the irrigation systems are in the fields where the staging area will be located. th Al Bester, 1659 145 Street East, owns the property south of Rechtzigel place but lives in Hampton. He asked why the easements couldn’t be obtained from the University of Minnesota on their property when they do not have to pay for property taxes. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 7 Tom Dickson, NNG, 1120 Centre Point Drive in Mendota Heights, responded to the resident request to tap into the pipeline saying several things need to occur for that to happen including approval from the local utility but the original easement needs to have an allowance clause in it. He stated NNG is basically the wholesaler and a retailer or local utility company is needed to hook up the residents. Mr. Zweber responded to Mr. Bester’s question showing on the map where the UMore property line is located in relation to where the pipeline was coming from. It was further discussed between the Commission and Mr. Dickson and it was determined that it would not be feasible to go onto the University’s property due to the origination of the pipeline location. Mr. Zweber further stated the expected schedule for installation of the pipeline is beginning in May 2014 and lasting for about two months. There were no further public comments. MOTION by Miller to Close the Public Hearing. Second by Powell. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:31pm. Commissioner Weber asked if the Commission was approving the placement of the pipeline. Mr. Zweber stated the City is approving the staging areas and the road crossings; the alignment of the pipeline is between NNG and the homeowners. Chairperson Powell stated that the code allows the city to issue a permit but can only control the staging areas and road crossings. Chairperson Powell allowed public comment after the hearing was closed. Sue Otten, 1655 Bones Point Road, Wayzata, is the daughter of Leslie and Carey Rechtzigel and has power of attorney. She asked how the city can approve the location of the staging areas before the alignment of the pipeline has been determined. Mr. Zweber responded that two of the three staging areas area adjacent to the crossings that the City is approving and are pretty close together regardless of how the alignment goes through the Rechtzigel property. He stated if the alignment follows the MinnCan line, the staging area or crossing should not change. Commissioner Miller stated his desire to table the item to a future meeting if negotiations on the alignment are still pending. Mr. Zweber responded that the Commission could extend the 60 day rule to another 60 days but would need to either approve or deny at that point or NNG would have to give the City a waiver. He further stated the next Planning Commission meeting is expected to be 6-7 weeks out in January. Chairperson Powell agreed that he would like to see if the negotiations between NNG and the property owners affect the Commission’s decision. MOTION by Powell to table the request by Northern Natural Gas for an Essential Services Permit to the January 14, 2014, Planning Commission meeting. Second by Miller. Commissioner Miller stated he would be in favor of holding a special meeting if NNG and th the property owners reach an agreement before the January 14 Planning Commission meeting so as not to delay the process for the applicant. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 8 Ayes: 4. Nays: None. Motion approved. Flint Hills f. Flint Hills Request to Increase Number of Blast Resistant Modules (13-38-IUP). Resources LP (FHR) has applied for an Interim Use Permit (IUP) to install up to thirty additional (30) temporary blast resistant modules (BRMs), construct a second temporary tent-like warehouse building and slightly expand the area in which the BRMs can be installed. Flint Hills had an IUP approved for 30 BRMs in August of 2012 and has had interim use permits (IUPs) for similar trailers and the temporary warehouse since 2004. This request would permit a total of 60 BRMs with all permits expiring at the same deadline of 12/31/2016. Senior Planner Zweber reviewed the staff report. The public hearing was opened at 8:49p.m. Don Kern, Flint Hills Resources, stated BRMs are state of the art to keep workers safe. He stated he was open to answer any questions from the Commissioner. Commissioner Miller asked if part of the process of installing these units included updating appropriate plans and training to insure safe egress from the facility. Mr. Kern responded that they have researched where to place the modules, how people would leave the particular area, and where people need to go during an evacuation. Commissioner Husain asked what the modules are made of. Mr. Kern responded the modules have a heavy steel exterior with interior tubing that can withstand a 5 psi blast and is a very safe storm shelter also. The modules have heating and air conditioning units so they are climate controlled. Chairperson Powell asked if employees may be temporary housed in the units. Mr. Kern stated these modules will be used for break rooms for contractors. There were no public comments. MOTION by Powell to Close the Public Hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:55pm. Chairperson Powell stated he is continually impressed with the applicant’s continuous awareness safety. MOTION by Powell to recommend the City Council approve an Interim Use Permit to Flint Hills Resources for up to Sixty (60) Temporary Blast Resistant Modules (BRMs) and Two (2) Temporary Warehouses, subject to the following conditions: 1.The Interim Use Permit expires 12/31/2016. 2.The placement of the BRMs is limited to the areas shown in red and green on the attached map. 3.Each building and trailer requires a building permit and shall conform to all applicable building and fire codes. 4.The applicant must obtain a grading permit prior to grading or installation of the temporary buildings. Second by Miller. Ayes: 4. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 26, 2013 PAGE 9 Old Business None. : New Business None. : Reports : Senior Planner Zweber stated there will not be a a. December Planning Commission Meeting. , meeting in December so the next meeting will be January 142014. Mr. Zweber then stated staff may have the Commission meet on a different day of the week depending on when the NNG- resident dispute comes to a positive solution. Adjournment There being no further business to come before this Commission, Commissioner : Powell adjourned the meeting at 8:57p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary