Loading...
HomeMy WebLinkAbout4.b. 20170425 PCM RM PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 25, 2017 PAGE 1 I. Regular Meeting Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Monday, April 25, 2017. Chair Kenninger called the meeting to order at 6:30 p.m. with Commissioners Freeman, VanderWiel, Clements, and Mele. Commissioner Henrie was absent. Also in attendance were Community Development Director Lindquist, Senior Planner Klatt, Planner Nemcek, Project Engineer Hatcher, and Recording Secretary Bodsberg. The Pledge of Allegiance was said. Election of Chair and Vice-Chair Commissioner VanderWiel nominated Commissioner Kenninger for Chairperson. MOTION by Mele to elect Commissioner Kenninger by unanimous consent to the position of Chairperson. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. Commissioner Clements nominated Commissioner VanderWiel for Vice-Chairperson. MOTION by Clements to elect Commissioner VanderWiel by unanimous consent to the position of Vice- Chairperson. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. Additions to Agenda: None Audience Input: None Consent Agenda: a. Approval of the March 20, 2017 Regular Meeting Minutes. MOTION by Freeman. Second by Clements. Ayes: 5. Nays: 0. Public Hearing: 5.a. SKB Environmental Master PUD Final Site, Building Plan and Simple Plat for a Metals Recycling Facility and Maintenance Shop. (17-08-PUD and 17-16-SMP) Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission. Commissioner Mele asked for clarification on the grading of the property. Klatt clarified that the grading starts at grade in the north, and then slopes down in the middle where development is and the ponding area and then back up to grade in the south. Commissioner Clements inquired if the property near the project site that SKB does not own would be assessed for the water main installation. Community Development Director Lindquist stated that the property will be required to hook up to the water main in 10 years and in the past, the City has required payment of the appropriate fees upon hook up. Chair Kenninger inquired if this project was a part of the 2040 or 2030 MUSA line. Klatt stated that it is a part of the 2030 MUSA line. Klatt continued to explain the maps included in the staff report. Commissioner Clements questioned if Outlot A would be replatted at this time. Klatt stated that is correct. Clements questioned if we should get the trail easements at this time too. Klatt confirmed that would be reasonable. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 25, 2017 PAGE 2 Commissioner VanderWeil inquired what the process is for tabling this item. Klatt stated that staff is recommending the public hearing be opened and continued to the next meeting. Klatt stated that the Commission may recommend approval or denial, but that staff has a number of conditions and information that they would like to provide to the Commission before that decision is made. Commissioner VanderWeil questioned if the City’s ordinance limits the amount of impervious surface on a property. Klatt confirmed that the ordinance does and that the applicant is not exceeding the limit. Commissioner Clements questioned if the applicant would first be mining this specific site and then building the buildings. Lindquist confirmed that is correct. Clements questioned if the applicant would need a mining permit for this area. Klatt confirmed that the site is outside of the City’s mining district and therefore the applicant cannot obtain a separate mining permit. Clements stated that he had a hard time with the letter that was included in the packet from Mr. John Domke, SKB Environmental requesting a rapid review. Clements stated that it seems counterintuitive if they are mining the site for two years prior to construction of the buildings. Commissioner Freeman asked about the sewer plans for the property. Klatt stated that the applicant would need to develop a plan so that the City can understand how the property will be served now and in the future. The site would currently have to have a private sewer system and later hook up to the public system when available. Commissioner Clements inquired if the Plat application fell under the 60-day rule. Klatt stated that the City is considering the plat to fall within the 60-day rule. Lindquist clarified that the PUD is what falls under the 60-day rule. Klatt stated that the extension letter has already gone out to the applicant extending the review time to 120-days. Chair Kenninger inquired about the specific grading of the site. Klatt confirmed that the site will be higher than Ehlers Path. The public hearing opened at 7:57 pm. Public Comments: John Domke, Divisional VP of SKB Environmental, 13222 Downey Trail, Apple Valley, stated that he is very excited about this project. Domke stated that this project has been in the process for about a year and a half. SKB has been working to address the concerns of staff and will continue to do so. Mike Drysdale, Dorsey and Whitney, 50 South Sixth Street, Attorney for SKB Environmental, stated that there are some unique aspects to this application, the first being the issue of sewer and that it would be rather costly to bring sewer all the way to the site. Drysdale stated that the second issue is the grading of the site but that they agree to the 4:1 slopes. Drysdale further explained the layout and specifications of the site. Drysdale stated that SKB Environmental does not see the need for an additional traffic study. There are going to be a small number of employees at the site and the trucks going in and out of the site are going to be the same. Drysdale further explained the need for the amount of proposed pavement. He stated that the amount of pavement is reasonable for the proposed use and that it is needed for larger trucks with trailers to turn around. He requested that the Commission or Staff provide them with some insight as to what they need to do in order to get the application completed. The holding tank proposal is necessary because of some materials from the maintenance shop that cannot go to the septic system. SKB could use a smaller holding tank just for the maintenance shop and septic for the rest of the site until they are able to get sewer to their site. Commissioner Mele questioned if we are concerned about the traffic study because of the truck traffic or the excavation process. Klatt stated that the City is concerned with both. Mele inquired how long the mining would take place. Mr. Domke stated that if SKB can get started during a majority of the construction season this year, it would take two years. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 25, 2017 PAGE 3 Commissioner Clements questioned if the trucks coming into the facility are coming in full of material and then moving product off of the site and that the net number of trucks in and out of the site is zero. Mr. Domke confirmed that is true. They will be using all internal trucks to move the ash. Clements questioned once the ash is ready to be sold how many additional trucks are they anticipate to move the product. Domke stated that they will be taking the ash that they are already processing and moving it to the new site. They will then process the metal out and bring the ash back to the landfill. Clements questioned if the ash will be used for concrete in the future. Domke confirmed that is a possibility. Clements stated if that is the case then there will be increased off site traffic because of the sale of the ash. Mr. Drysdale stated that if they have trucks that are leaving empty, then the empty trucks would be able to carry the ash off of the site. It’s possible that the traffic could increase but SKB doesn’t have that answer at this time. Clements stated that is where the traffic study is coming into place and could possibly give clarification. Commissioner Clements asked a question about the provision of utilities and the potential cost to extend City services to the site. Mr. Drysdale stated that the issue is whether the City will let this project continue without water and sewer and have it be installed at a later date or if the City will require the water and sewer to be installed before this project can start. If that is the case, then that would be a very large investment. Lindquist stated that the water and sewer actually comes from County Road 42 and that it cost roughly $6 million to extend these services to the project site. Drysdale stated that this facility will be a low water user and that it was known when this site was rezoned that utilities were not available to the site. Clements asked if the water is available to serve the development. Lindquist confirmed that is true and that the applicant will be required to hook up. Clements questioned why this site needs sewer versus a private system. Lindquist explained that since the site is located within the MUSA it should be developed with public facilities. The question is whether to allow the property to develop with a private system and connect in the future, to provide services that leapfrog other undeveloped sites and therefore does not provide orderly development, or to wait until development comes to the site, bringing utilities. Commissioner VanderWiel questioned why would there be resistance to hook up to public utilities by SKB down the line if they are an industrial facility. Lindquist stated that the issue would be if SKB put in a septic system and shortly after installation, the City brings public sewer to the site. The applicant would not be getting their financial benefit on the septic. Drysdale stated that SKB is not concerned about the loss that they may endure from purchasing a septic to having to get sewer in the future. Lindquist stated the concern is that the City does not typically allow development on properties in the MUSA until the property has public utilities. In other instances, the City has told the property owner they will have to wait until utilities are available to their site or they have had to pay to bring the utilities to the property. Commissioner Mele questioned if the Commission could shed some light for the applicant onto how the Commission would be proceeding. Lindquist stated that if the Commission approves the application without public utilities, the Commission may be setting a precedent for potential other applicants that would expect the same treatment. Chair Kenninger stated that the site is unique that the project has a low volume of employees and sewer usage and that the site has access to water. Commissioner Clements questioned if SKB’s landfill had a septic system. Domke confirmed the site has a sewer system that connects directly to the abandoned wastewater treatment plant. Clements questioned whether this site could connect to the landfill’s sewer system temporarily. Lindquist stated that the City would not allow more than one property to be connected to one sewer system. Drysdale stated that there are many different items that can make this application unique compared to potential future applications. Klatt stated that there are many unique aspects to this application and the zoning changes that had taken place. Commissioner Clements questioned what the volume would be for the sanitary sewer. Drysdale stated that SKB has estimated 350 gallons per day in their application. Lindquist stated that staff would like to collect more information and get more exact details on how many employees and the amount of water use. Commissioner Clements questioned what the elevation for the driveway to the North would be. Engineer Hatcher stated that the elevation is about 900 degrees. Commissioner Mele stated that Outlot A is at a higher elevation that the project site. He asked if SKB chooses to continue developing, would they need to do additional cutting similar to the proposed grading. Domke stated that is correct. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 25, 2017 PAGE 4 Commissioner Clements asked for clarification on the grading and asked if the business park area could be left at a higher elevation than recycling site. Clements stated that he does want to see all of the elevations to the east lowered in the future. Mr. Drysdale confirmed that it would need to be brought down slightly but that might too premature to discuss final grades. Commissioner Freeman questioned if the trucks need to be washed out in between loads and whether or not this washing would require additional water. Mr. Domke stated that they are not required to wash the trucks. There was concern expressed about the amount of material hauling and the potential effect of heavy trucks on adjoin roads. Domke indicated that SKB can do the traffic study requested but it only calculates volume of traffic not weight of individual vehicles. Commissioner Clements questioned if the potential use of this facility would increase the truck traffic. Domke replied no because the trucks that SKB will be using are currently going to their old mining site and instead will now be coming to this site. Clements stated that a new company would be managing the mining site. and that this is part of the reason why a traffic study is necessary. He sees the potential for increased truck traffic. MOTION by Clements to continue the public hearing to the May 23, 2017 Planning Commission Meeting. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. The public hearing was continued to the May 23, 2017 meeting at 8:57 pm. Additional Comments: Commissioner Mele stated that he agreed to table this item until staff can get some questions answered. With the uniqueness of this project it leaves some important topics that need to be addressed. Mele stated that he thinks that the traffic study would be helpful. It would also be helpful to get further clarification on the excavation process. Commissioner VanderWiel stated that she doesn’t see an issue with the MUSA and that other potential applicants won’t be similarly situated. VanderWiel stated that she has some concerns about the grading on the property and how it pertains to the property to the east. Commissioner Freeman stated that she is open to developing within the MUSA line because of the uniqueness of the projects location as long as all of the other questions get worked out. Commissioner Clements stated that he would be open to approving the application as long as the waste water system is sized for 350 gallons/day and would then support the septic until the sewer is available. Clements stated that it would be beneficial to raise the grading by at least 10 feet so that it would be an easier transition to the North. Clements stated that he fully supports the traffic study. Clements stated that on the class five it would be helpful to have large traffic barriers set up to show separation. Chair Kenninger stated that her largest area of concern is the grading and that she would like to see it raised to help with the transition. Kenninger stated that she would like to see that the agreement on the sewer and septic is fully documented so that when it is time to hook up there is no confusion. The traffic study would be helpful but doesn’t seem like it would be necessary based on the information provided. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 25, 2017 PAGE 5 Commissioner Clements asked for clarification from Community Development Director Lindquist on the possibility that the ash would be sellable and whether or not it was a done deal. Lindquist stated that the proposed uses would be approved through the PUD Master Plan and a Final Site and Building Plan, meaning that this is the only time the plan will come before the Planning Commission and City Council. Lindquist stated that one of the General Industrial zoning requirements is a 10 percent building coverage requirement. If the fourth building doesn’t happen then the applicant would not meet that requirement. The City needs to know exactly what the site is going to be used for and what the plan is before approval. What the applicant shows on the plan is what the City expects to happen. Clements asked that the applicant put together a phasing plan for the site so the City can understand what the plan is for the specific site and in what time frame. Mr. Domke confirmed that he could provide this information. Commissioner Mele stated that the Commission needs to make sure that the applicant is meeting the minimum requirements of General Industrial. He does not want the applicant to avoid constructing the fourth building in the future. The Commission needs to stay consistent. Chair Kenninger stated that the Commission would like to have a guideline of a phasing schedule from the applicant by the next meeting. Motion by Clements to table the application and request additional information and plan revisions as rd discussed in the Staff report until the May 23, 2017 Planning Commission meeting. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. Planning Commission agreed to take a 5-minute recess starting at 9:10 p.m. Planning Commission meeting continued at 9:15 p.m. th 6.b. Rezoning from GI-General Industrial to C4-General Commercial for property at 3615 145 Street, Lot 1, Block 1, Rich Valley Industrial Park and Outlot B Rich Valley Industrial Park. (17-17-RZ) Planner Nemcek gave a brief summary of the staff report. Commissioner Clements inquired if the current map shows the changes with the County’s acquisition to this property. Nemcek stated that it does not. It was created using the existing parcel lines. The public hearing opened at 9:22 pm. Public Comments: None. MOTION by VanderWeil to close the public hearing. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. The public hearing closed at 9:23 pm. Additional Comments: Chair Kenninger clarified that this item is getting brought forward at this time to make it clear that this property is for commercial use. Lindquist confirmed that is correct. Motion by Mele to recommend the City Council approve the rezoning of Lot 1, Block 1, Rich Valley Industrial Park and Outlot B, Rich Valley Industrial Park from GI-General Industrial to C4-General Commercial. Second by Clements Ayes: 5. Nays: 0. Motion Passes. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 25, 2017 PAGE 6 6.c. Official Map Amendment. (17-18-TA) Planner Nemcek gave a brief summary of the staff report. Commissioner Clements questioned if the two lots conform with what is recommended by the County. Nemcek stated that it does because the parcel lines stay the same. The Official map relates to the southern property, which precludes issuance of building permits. Clements questioned if the remaining portion of the parcel is saleable. Lindquist stated that the properties are not being subdivided. There is an overlay of the official map on the two parcels. A building permit would not be allowed on the northern portion of the property. The change to the Official Map is showing what the County will be eventually acquiring. The public hearing opened at 9:34 pm. Public Comments: th Joe Lawder, Lindquist & Vennum, LLP, 80 South 8 Street, Minneapolis, Attorney for Wayne Transports and CMC Properties, questioned what direction did the City received from Dakota County as to any change to the Official Map. Lindquist stated that based on the updated plans for the Highway 42 interchange project, the County prepared a revised a right-of-way map that does not required as much private property next to the interchange. Lindquist stated that she received the updated right-of-way needs map from the County and that she informed the County that the City was going to revise the Official Map to reflect their acquisition. No negative comment was received from Dakota County concerning the City’s proposed action Mr. Lawder questioned if the County told the City to revise the Official Map. Lindquist stated that they did not. Lawder questioned if the City has been in communication with Dakota County on their potential acquisition of the Wayne th Transport site. Lindquist stated that she spoke with the County on April 25 and that the County was approached by Mr. Lawder and Mr. Vedder about purchasing the property. The County is currently waiting to hear on an asking price. Lawder questioned if the County has ruled out acquiring what is shown in the original Official Map. Lindquist stated that she has no information on the specifics of the negotiations. Lawder questioned why the entire property was identified for future acquisition on the original official map. Lindquist stated that she did not recall. Lawder stated that at this time Staff doesn’t have information as to whether Dakota County will acquire the original Official Map area or the area identified on the proposed Map. Lindquist stated that the City and Dakota County are partners and what they acquire will affect the City. Conversations will occur between the City and County when that time comes. Tonight’s actions have no relevance to the acquisition that they may or may not do. Lawder questioned if the reguiding of the property to Commercial took place in 2009 or a part of the 42/52 amendment from 2005. Lindquist stated that that information is not currently in front of her. Lawder stated that he received information from Senior Planner Klatt that the property was General Industrial until 42/52 Comprehensive Plan Amendment that took place in 2005. Klatt stated that he would have to look back for the exact date. Lawder stated that itis unclear as to why the entire property was included in the official map and that the door hasn’t closed for full acquisition by Dakota County. Lawder stated that as Commissioner Clements points out that the Official Mapping does render the property as unmarketable. Commissioner Clements stated that is not what he said and that the property owner is able to combine the two properties and that the property would be very marketable The Commission discussed the marketability of the property if the official map were approved as proposed. It was noted that the property owner would be able to combine the remaining parcels and create one site suitable for commercial development Lawder stated that the property owner could also sell a portion of the property and it would be land locked. Clements pointed out that that Mr. Vedder bought the parcel land locked, and that the official map would not change the current access situation. MOTION by Mele to close the public hearing. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. The public hearing closed at 9:41 pm. PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 25, 2017 PAGE 7 Additional Comments: Planner Nemcek stated that this item will also be going to the City Council as a public hearing. Motion by Mele to recommend the City Council approve the amendment to the Official Map. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. Old Business: th Lindquist invited the Planning Commission to attend a joint City Council Work Session on Monday, May 8, 2017. New Business: None. Reports: None. Adjournment: There being no further business to come before this Commission, Chair Kenninger adjourned the meeting at 9:49 pm. Respectfully submitted, Stacy Bodsberg, Recording Secretary