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HomeMy WebLinkAboutPCMinutes-20070423City of Hastings Planning Commission Minutes – April 23, 2007 Page 1 of 6 Hastings Planning Commission April 23, 2007 Regular Meeting 7:00 p.m. Chair Truax called the meeting to order at 7:02 p.m. 1.Roll Call Commissioners Present: Hiedeman, McInnis, Peine, Stevens, Truax, Commissioners Absent: Schmitt, Zeyen Staff Present: Planning Director Hinzman Associate Planner Kari Barker 2.Approval of Minutes – March 26, 2007 Motion by McInnis to approve the March 26, 2007, meeting minutes. Seconded by Hiedeman; motion passed unanimously. Public Hearings Public Hearings 3.Commercial Asphalt - Special Use Permit #2007-15 – Hot Mix Asphalt Plant – 2445 County Road 54. 4.Barton Sand and Gravel – Special Use Permit #2007-16 – Soil Processing Permit - 2445 County Road 54. Associate Planner Kari Barker presented the staff report. Chair Truax opened and closed the Public Hearing at 7:07. No members of the public spoke. Commissioner Hiedeman inquired who enforced the wetlands. Planning Director Hinzman stated that City staff enforces the wetlands through an annual site visit. Commissioner Hiedeman questioned condition number 24. Planning Director Hinzman stated that condition 24 should actually be a part of condition 23. Commissioner Stevens inquired if there was ample area for trucks. Mike Caron, representative from Tiller Corporation, explained the trucking areas and confirmed there was ample area. Commissioner Peine asked if there were any problems with the site. Planning Director City of Hastings Planning Commission Minutes – April 23, 2007 Page 2 of 6 Hinzman stated that there had been no complaints. Further, annual inspections had not resulted in any violations. He added that the company was extremely good in communicating with the city and asking permission for extended hours. Commissioner Peine inquired into the long term plans for the site and a timeline for these plans. Mike Caron stated that the Met Council now owns the site and part of the site is in Ravenna Township. Caron stated that a reclamation plan has been created. Further, a portion of the site will be mined into the water and a portion that is floodland will be returned to vegetation. In regards to the timeline, Caron stated that it is based on market demands. Caron believes that there is approximately twenty years left of mining. Chair Truax inquired into the Met Council Plans. Caron stated that all the aggregate will be removed before Met Council starts building. Planning Director Hinzman stated he believes the earliest that the waste water treatment plant will be built is 2010 or 2011. Action by Planning Commission for Commercial Asphalt: Motion by Stevens to approve the Special Use Permit for Commercial Asphalt. Seconded by Peine; motion passed unanimously. Upon vote taken, Ayes 5, Nays 0. Motion passed unanimously with the following conditions: 1.Expiration of the permit shall be December 31, 2009. 2.All PCA requirements shall be met and all permits received before the operation of the plant. 3.The site must be watered as necessary to control dust. 4.Before commencing operation of the plant, the applicant shall provide the city with the necessary insurance certificates and a performance bond for $25,000. 5.The site of the temporary asphalt plant shall be at an elevation of not less than 694 feet. This requirement includes that the bottom of the spill basin shall also be at an elevation of not less than 694 feet. 6.The aggregate stockpile shall be maintained as shown on the site plan for screening purposes. Also, it is strongly encouraged that the stockpile be wrapped around the front of the site as much as possible to provide effective screening. 7.That the requirements of the city code concerning temporary asphalt plants be attached as conditions for permit approval and be adhered to by the applicant. 8.The applicant shall file with the local fire authority a material safety data sheet for a flammable combustible liquid storage permit. 9.The conditions for approval are to be strictly enforced. 10.Hours of operation shall be from 6:00 am to 5:00 pm, however no hauling may begin before 7:00 am. 11.That Tiller Corporation provides the City Council with an annual report each January to provide an update on the activities and operations of the site. 12.Submission of a performance bond in the amount equal to $25,000. City of Hastings Planning Commission Minutes – April 23, 2007 Page 3 of 6 Action by Planning Commission for Barton Sand and Gravel: Motion by Hiedeman to approve the Special Use Permit for Barton Sand and Gravel. Seconded by Peine; motion passed unanimously. Upon vote taken, Ayes 5, Nays 0. Motion passed unanimously with the following conditions: 1.The site is to be restored, upon completions of the mining operation, pursuant to the plans provided to the City and dated August 23, 2000. 2.The earthen berms shall be immediately seeded with a native grass mixture after they are constructed. This native grass mixture shall be approved by the DNR. 3.The remainder of the site above the water table shall also be planted with native vegetation at the end of mining activities on the site. This native grass mixture shall be approved by the DNR. 4.The applicant shall plant native trees in the shoreland impact zone that has been affected by historic farming practices (pre-mining) as part of the reclamation of this site. 5.The applicant shall retain and protect all the existing trees in the wetland and shoreland impact zone. 6.The applicant shall not encroach upon any identified wetlands as identified on the “Wetland Classification Identification and Delineation Report” conducted by Svoboda Ecological Resources dated 9/20/01. The wetlands shall be identified with GIS coordinates, prior to excavation near those areas. 7.The applicant shall stay at least 75 feet back landward from the ordinary high water level of the Vermillion River (Shoreland Impact Zone). The shoreland impact zone shall be marked with stakes in the field, as identified on the 8/20/00 site plan, prior to excavation near those areas. The stakes in the filed shall be reviewed annually for visibility after excavation occurs in these areas. 8.Any abandoned on-site wells shall be abandoned according to Dakota County Ordinance No. 114. 9.Salvage and waste materials located near the abandoned farm house in phase 1 shall be removed before mining can occur in this area. 10.Tiller Corporation shall notify the City Planning Department if any excavation of previously undisturbed areas reveals the presence of historic artifacts. 11.Operating hours are not to be in excess of 7:00 am to 5:00 pm Monday through Saturday except holidays. In addition, Tiller Corporation shall refrain from at all times using CSAH 54 and HWY 91 for hauling purposes between the hours of 5:00 pm and 7:00 am. In cases of emergency, Tiller Corporation may operate during hours other than those noted upon approval by the City Administrator or the Public Works Director. This Special Use Permit can be revoked if the applicant is found working beyond these hours and does not have authorization to do so. City of Hastings Planning Commission Minutes – April 23, 2007 Page 4 of 6 th 12.Tiller Corporation Company shall refrain from using West 10 Street between Trunk Highway 61 and Trunk Highway 55 for hauling purposes. 13.All accesses to this property shall be gated or chained to prevent unauthorized access to the site. Dakota County shall approve any new accesses. 14.Tiller Corporation shall continued in full force and affect an irrevocable bond or other form of security acceptable to the City in the amount of $75,000 for the estimated cost of restoring the site covered by soil pursuant to City Code. 15.Tiller Corporation shall provide to the City a Liability insurance policy or certificate of insurance from an insurance company authorized to write casualty insurance in the State of Minnesota as will protect the applicants, its agents, and the city from claims of bodily injury, death, or property damage which may arise from operations under the soil processing permit. The amounts of the insurance shall not be less than that which is required by the City Code. 16.Vegetative cover as required by the City of Hastings Storm Water Management Ordinance shall be restored on the steeply sloped portions of the site, identified on the mining plans. Appropriate erosion control measures as determined by the Public Works Director shall be undertaken to ensure establishment of vegetative cover on steeply sloped portions of the site where mining is complete according to the approved plan. 17.Reclamation of each mining phase shall begin as part of the condition of moving on to the next mining phase. 18.The applicant shall operate the facility with due regards to the rights of the easement holders on the property. Mining operations shall not conflict with pipelines and power lines as established within easements on the property. 19.As applicable, the applicant shall be responsible for obtaining any water appropriations or dewatering permits required from the State DNR. 20.The applicant shall follow the State’s DNR well dispute resolution system set up to handle well interference problems. The applicant shall correct interference with existing wells by modification of pumping operations, replacing wells, or lowering impacted wells. 21.The City of Hastings shall be informed of the results of the most recent inspection of the mining operation by the Mine Safety and Health Association. 22.The applicant shall notify well owners within a one mile radius of the gravel pit the contact name address and phone number. 23.The mining operation and plan shall be in compliance with the City’s Floodplain Ordinance for processing of rock, aggregates, and recycled materials, including crushing, washing, and stock piling. 24.Tiller Corporation shall also file an annual report each January with the City Council to provide an update on activities and operation on the site. 25.Tiller Corporation is permitted to operation on the land described by exhibit A and exhibit B. City of Hastings Planning Commission Minutes – April 23, 2007 Page 5 of 6 5.Discussion - Group Home Zoning Planning Associate Barker presented information gathered regarding group homes. In summary, the City has a very limited role in regulating the location or operation of group homes. The City can only require a rental license. Staff also encouraged residents to contact either the Dakota County Foster Site Coordinator or the Executive Director of Howry Group with questions or concerns regarding the site. Staff stated that their correspondence with both parties has been extremely positive. Commissioner Hiedeman inquired into the parking requirements for rental housing. Planning Director Hinzman stated that the requirement is two parking spaces per unit. Commissioner Hiedeman asked if the group home would be held to this requirement. Planning Director Hinzman stated that the home is considered one rental unit as there is only one kitchen. He stated that the home is similar to a boarding home. Thus, the requirement would be two stalls. Chair Truax stated that it appeared that discussing the topic was opening a can of worms. He stated that the group home meets the criteria for requiring a Home Occupation License including having outside employees and more than one car visiting the home at a time. Therefore, he stated confusion regarding why the city cannot regulate group homes through a Home Occupation License. Planning Director Hinzman explained that the state gives local land authority to cities in certain areas. The state has reserved the right of regulating group homes to the county. Therefore, the City cannot regulate group homes. Commissioner Peine stated that there are probably other group homes in the city of which he is unaware. He stated that the difference between these and the current home is that th the residents in the E 18 Street neighborhood did not have an option to move into a neighborhood with a group home. th Pat Moseng, homeowner of 413 E 18 Street, spoke regarding the issue. He stated that he is not prejudice towards the people in the home. Rather, the residents in the area love their neighborhood. The residents want to be notified and made aware of the activities in the neighborhood. Further, he believes all businesses should be treated the same. Commissioner Truax stated that the topic comes down to fairness. He further stated it does not seem fair that group homes do not need a Home Occupation License. Therefore, Commissioner Truax encouraged the homeowners in the area to contact their state representatives regarding the regulation of group homes. Mr. Moseng stated that his concerns are different than those of the residents. City of Hastings Planning Commission Minutes – April 23, 2007 Page 6 of 6 Commissioner Truax asked if staff could coordinate and host a meeting with the group home and the residents. Associate Planner Barker stated that this was already being coordinated. Commissioner Truax inquired if the City could host the meeting at City Hall as it is a neutral place. Planning Director Hinzman confirmed the city could host the meeting. 6.Other business Planning Director Hinzman updated the Commission on previous Council activities and upcoming agenda items. 7.Adjournment Commissioner Hiedeman motioned and Commissioner Stevens seconded. Motion passed unanimously. The meeting was adjourned at 7:35 p.m. Respectfully submitted, _____________________________ Kari Barker, Associate Planner