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HomeMy WebLinkAbout2013-11-05 P & Z Packet PLANNING AND ZONING COMMISSION erviffe MEETING AGENDA 185, TUESDAY, November 5, 2013 6:30 p.m. I. CALL TO ORDER IF YOU AU UNABLE TO MARE THIS WZMG, 1. Roll Call PLEASE LET USKNOWAS IL APPEARANCES /PRESENTATION(S) SOON AS POSSIBLE. Yt3Ul III. PUBLIC HEARING (S) 1. Interim Use Permit Application, Dirt Processing — Rehbein Black Dirt IV. OLD BUSINESS V. NEW BUSINESS 1. Consider Findings and Decision on Interim Use Permit - Rehbein Black Dirt VI. DISCUSSION ITEMS 1. City Code, Chapter 156, Section 156.133 (C), Special Provisions Related to Development or Building on Lands Within 100 Feet of Centerville Lake, Peltier Lake or Clearwater Creek a. Survey of Neighboring Communities 2. Noise/Live Entertainment VII. CONSIDERATION OF MINUTES 1. October 1, 2013 Planning & Zoning Commission Meeting Minutes VIII. ADJOURNMENT *REMINDERS ** Planning & Zoning Commission Meeting — November 5, 2013, 6:30 p.m. Council Chambers — P.H. Interim Use Permit, R & R Black Dirt City Council /w Work Session Meeting — November 13, 2013, 6:30 p.m. Council Chambers — (2014 Streets & Other Outstanding Items) City Council Meeting — November 27, 2013, 6:30 p.m. Council Chambers — Possible Cancellation (Thanksgiving) Parks & Recreation Committee Meeting — December 4, 2013, 6:30 p.m. Council Chambers Consideration of Cancellation of December 25, 2013 Meeting (Christmas) *PARK USAGE* Movie In the Fire Hall — December 7, 2013 Skate Night/Hayride — Laurie LaMotte Memorial Park Ice Rinks, February 8, 2014 City of Centerville 1880 Main Street tervZtlG Centerville, MN 55038 r. !» Telephone: 651 - 429 -3232 Fax: 651 - 429 -8629 Interim Use Permit Application Dirt Processing Applicant L � Name: 2),, -- Address: Email Address: /� h Property Owner Name: �� it P>AJ Y.- o p� r� /�°S Address: �O �cal Person /Corporation Conducting Dirt Processing Name: Address: {�D six Describe all activities to be conducted on the site: <SCr2E�A)i� j, �/JIL'— Property Information /Processing Site Legal Description: % �/ Z 2-2 -Sec ? c/ Parcel Identification Number(s): Total Acreage of Parcel(s): LID Interim Use Permit Application Page 1 of 3 City of Centerville 1880 Main Street Centerville, MN 55038 Telephone: 651 -429 -3232 Fax: 651 -429 -8629 Total Acreage allocated to Interim Use(s): Type of Material to be Hauled to the Site: Total Cubic Yards: �eDsc^i - nJQX. 3cd, eQQ ucY - . - �'I� k, 5 d, eve V S Estimated Number of Truck Trips: Por tz'oat - , Type of Material to be Hauled from the Site: /cOsc^� �ti �'�n -�tn SCI •P_ -�i �� Total Cubic Yards: VdS, VecLr Estimated Number of Truck Trips: /� ���' ✓' Ve��' Zoning Classification of Site: 6mole-r`e -1 In L,Jdu S 'rte /fie Tax Classification of Site: If tax classification is not the same as the zoning classification, the City may require the applicant to request that Anoka County change the classification or the applicant may request an agreement for payment in lieu of taxes. l Estimated Number of Years of Operation: / d Estimated Date of Completion of Site Rehabilitation: ;2c-'-;2 cl Access/Transport Routes: off/ ST �v� �o � (Name of highways, streets or other public roadways within the City upon which the material will be transported) Required Attachments 71 Site Reclamation and Rehabilitation Plan Map showing physical relationship of processing site to the community and existing community development El Site analysis information (trees, depth of topsoil, adjacent on -site structures and land uses, flood levels, watercourses and elevation and percent slope within 100 feet beyond site perimeter Interim Use Permit Application Page 2 of 3 City of Centerville 1880 Main Street l J'"Ut 8t' Centervil le, MN 55038 ' " "r,' ' ._ I - Telephone: 651 - 429 -3232 F-1 Fax: 651 - 429 -8629 Depth of water tables throughout processing site El Plan of operation El Drainage, wind and water erosion control plan This permit, upon authorization by City Council, is valid from January 1 through December 31 of the year of issuance. The proposed use will be reviewed according to submitted plans and description of the proposed operation as required under provisions of City Code. In submitting this application the applicant recognized the requirements set forth in the City of Centerville Code for the regulation of interim uses and agrees to meet those conditions prior to requesting approval of this permit. Signature of Applicant Signature of Property Owner Date Date Initial Permit Fee of $750.00 Paid Yes No Annual Operating Permit Fee of $250.00 Paid? Yes No Interim Use Permit Application Page 3 of 3 Interim Use Permit Attachments Site Reclamation Plan: If site is sold for development we will level site to existing grades. If not sold we will level to existing grades of surrounding property and resume farming. Site analysis information: Site is level. There is a creek on the Northern edge of site. The land surrounding the site is farmed. Flood levels are between 901 and 905, to be determined at a later date. Water Table: Water table in the area is approximately 3'. Plan of Operation: We will be open from 6:00 am to 6:00 pm Monday thru Saturday. Drainage and erosion control: We will maintain the existing 20' wide creek bank with trees, brush, and heavy undergroth. We will also maintain a 30' wide grass way along the creek. We will maintain the current storm water pond and drainage designed by Rice Creek Watershed. co I � �h Do -I-- GZ 411 ­1 (1 to - - ----------- 0 CN3531 N - -- --------- - ------ ---------------- q,, I" Z (Z - - — — — — — — — - rota — — - ---------------- 0 f I r -- ----------- - - - w , .;. M I , V, �� _ \' _ - 7 ` \ _ I I ,yL L � 1 11 1 11 T - NMI OZE'90T IDJOI 69L'LZ EOO'EL — — — — — — — — — — — — — — — - — — - -lid IP-IS — — — — — — 4 — ---- — ------- -- ---------- L - -------------- ------------------- --- ----------------------- - -- — -------- — -- — ----- — ----- — — — — — — — — — — — — — — — — — — — — — — -- — M 7 0 C 4 ---- --------- Il k ----- - --- - --------- - ----------------- SW70-LIV00 -:'77/C3f -NDO—LS ---- --- > 9. NPV 0 -- --------- Out-G&G al S' H A suqpelnoluo &LunIO 6 e 1980 Wain Strut Cenutvilri, M9V SS038 - 21wbadled j$5T 6S1 -429 -3232 orl'ax6S1 -429 -8629 AFFIDAVIT OF MAILING PUBLIC NOTICE State of Minnesota) County of Anoka ) City of Centerville) I, Kris Sweeney, being first duly sworn, depose and say: I am a United States citizen, over nineteen (19) years of age, and the Account Clerk II of the City of Centerville, Minnesota. On October 18, 2013, acting on behalf of the said City, I deposited in the United States Postal Dropbox, located at 1880 Main Street copies of the attached Public Hearing Notice for Interim Use Permit Request for PIN #24- 31 -22 -32 -0002 & #24- 31- 22 -32- 0003, in envelopes, with postage thereon fully paid, addressed to the following persons at the addresses appearing on the attached list with the owner's respective names and OR CURRENT OWNER: NAME ADDRESS See Attached There is delivery service by United States mail between the place of mailing and the places so addressed. S�l Q a grvo s Sweeney, Account Clerk Subscribed and sworn to before me this 21 st day of October, 2013. Aft TERESA BENDER Notary Public VOM NOTARY PUBLIC - MINNESOTA My Commis w Expires Jan. 31, 2015 CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING BEFORE THE PLANNING & ZONING COMMISSION INTERIM USE PERMIT REQUEST REHBEIN PROPERTIES REQUESTS TO OPERATE DIRT PROCESSING AT (Property Identification #: 24- 31 -22 -32 -0002 & 24- 31 -22 -32 -0003) - - 21" Avenue South of Commerce Drive NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City of Centerville will consider whether to issue an interim use permit to allow hauling of black dirt and other soil to the property. Dirt is processed with soil additives and then hauled back out. In addition, it is proposed to haul in compactible soil that will be used on the site to correct soil deficiencies prior to development. Interim uses may be considered within the I -1 District, however conditions may be imposed to mitigate any adverse impacts. Interested persons may provide comments in writing to the address below, or present them in person at the hearing. The meeting is scheduled for Tuesday, November 5, 2013 commencing at 6:30 p.m. or shortly thereafter. The public hearing will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m., October 31, 2013. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429 -3232 or by facsimile (651) 429 -8629 if you need additional information. If you desire, you may email: dlarsonacentervillemn.com or tbendera— centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com Teresa Bender, City Clerk -CMC Published in the Quad Community Press on October 17, 2013 0 i oT r od 1 2 3 S .l MUELLNER CYNTHIA 100 MARVY ST LINO LAKES MN 55014 CENTERVILLE TOWNOFFICE PK MASTER ASSOC 7029 20TH AVE S CENTERVILLE MN 55038 855 VILLAGE CENTER MSSP CENTERVILLE LLC DR STE 382 ST PAUL MN 55127 BGL PARTNERSHIP 705 W LAKE ST MINNEAPOLIS MN 55408 LAKE AREA UTILITY CONTRACT 2303 TART LAKE RD LINO LAKES MN 55038 CARPENTER COLLEEN I 6885 -20TH AVE S CENTERVILLE MN 55038 CARPENTER KENNETH E and COLLEEN 6885 20TH AVE S CENTERVILLE MN 55038 SHEEHY CONSTRUCTION 360 LARPENTEUR AVE CO W STE 200 ST PAUL MN 55113 REHBEIN GERALD 6805 20TH AVE S PO BOX 368 2025 GATEWAY CIR STE DLMD LLC 4 CENTERVILLE MN 55038 FARRELL PROPERTIES LLC 11740 MOLITOR DR I LINO LAKES MN 55038 REHBEIN PROPERTIES I PO BOX 368 1 HUGO MN 55038 00 m Ln Z 2 O C7 x Planning & Zoning Commission Report and Recommendation. The Planning & Zoning Commission met on November 5, 2013, to consider a request of Rehbein Properties, DBA Rehbein's Black Dirt, for an Interim Use Permit (IUP) to operate a black dirt processing business at 21" Avenue South of Clearwater Creek in the City of Centerville. Findings: 1) The Planning and Zoning Commission heard and considered all testimony of interested persons submitted in writing prior to and in person during the public hearing. 2) The proposed use may be operated in the I -1 zoning district subject to an Interim Use Permit with reasonable conditions. 3) The proposed use is not inconsistent with the Comprehensive Plan if allowed on a temporary basis until the planned use is feasible. 4) The applicant is willing to conform to conditions in the draft Interim Use Permit attached hereto. RECOMMENDATION. The Planning Commission finds that the standards for granting a Interim Use Permit have been met and recommends that the City Council approve the Interim Use Permit, subject to the conditions contained in the draft IUP attached hereto. , 2013 Planning and Zoning Commission Dallas Larson, Administrator DRAFT DRAFT DRAFT CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA APPROVAL OF INTERIM USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby grants approval of an interim use permit for: Rehbein Properties, DBA Rehbein's Black Dirt, to operate dirt processing at property west of 21" Avenue, south of Clearwater Creek, subject the conditions of this permit. 2. Property. The permit is for the following described property: PID's: 24- 31 -22 -32 -0002 & 24- 31 -22 -32 -0003 3. Conditions. This permit is issued subject to the following conditions: a) All activities shall be conducted entirely within the easterly 680 feet of the property south of Clearwater Creek (approx. 13 acres), and shall not encroach closer to Clearwater Creek than 50 feet, and shall not use any other adjacent property, whether owned or not. b) Existing green strip along Clearwater Creek shall not be disturbed. c) Operating hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday. d) Permittee shall endeavor to limit speed of trucks entering or leaving the site to 25 miles per hour. e) Permittee shall pave the entrance to the site for a minimum distance of 250 feet south from the intersection of 21 s ` Avenue and Commerce Drive and Permittee keep the drive and adjoining street free of mud and dirt. Upon notice by the city of excessive accumulation of dirt or mud, Permittee shall clean and \or sweep within four hours. f) No fuels or chemicals shall be stored on the site, unless contained in a building. 2 DRAFT DRAFT DRAFT g) Maximum noise emitted at the property line shall conform to the noise regulations contained in City Code Section 91.09 and applicant shall not violate other nuisance regulations contained in Chapter 91. h) The maximum height of all piles shall be limited to 25 feet above the natural grade of the site. i) Ingress and egress shall be limited to 21" Avenue. Hauling on Commerce Drive and Fairview Avenue in conjunction with this permit, is not allowed. j) Permittee shall supply a monthly accounting of all material hauled in to the site and hauled off the site. This accounting shall be in the form of a log of loads in and out each day and documenting the quantity of material in each load together with copies of truck load tickets. k) Recognizing the impact on adjoining streets and in recognition of administrative and other costs of monitoring this permit the following fees shall be paid by the operator: 1. For loads of material entering the site, $0.10 per cubic yard, to be paid monthly. 2. For loads of material hauled from the site, $0.35 per cubic yard, to be paid monthly. 3. For traffic monitoring equipment, a lump sum prior to beginning operations in the amount of $5,200. 1) Landowner and the business operator shall jointly and individually be responsible for the continuing conformance with the permit and that if the proposed use is not initiated within six months of this date, the permit shall be void. m) Grantee will follow the applicable standards and requirements of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA, Minnesota DNR and any other agency having jurisdiction over the property and shall secure and file with the City, copies of any permits required by outside agencies. Requirements shall include the filing a Stormwater Pollution Prevention Plan. n) Grantee will secure necessary permits and follow the applicable rules and regulations of Minnesota Pollution Control Agency and EPA for collection, storage and disposal of solids, liquids and gases. Grantee will file with the City within ten days of receipt, copies of any permits and /or notice of enforcement actions by these agencies. o) Grantee will permit a city inspector to view the premises, including the inside of buildings, during normal business hours. j) The City reserves the right to annually review this permit for compliance with the conditions and may impose additional conditions to mitigate unforeseen problems. 4. This permit shall expire at December 31, 2016. Not later than June 30, 2017, all excess material remaining on the site shall be hauled away and/or leveled and the site graded and seeded to prevent erosion, in conformance with law. 3 DRAFT DRAFT DRAFT 5. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor. Dated: CITY OF CENTERVILLE BY: Tom Wilharber, Mayor Attest: Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this day of 2013. by Tom Wilharber, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary 4 0 k Maximum size sq. ft 200 250 400 250 400 250 120 120 120 Setback From OHL 10 10 10 10 10 20 10 10 20 Height Max 8 10 10 15 10 10 10 Max Width Viewed From Lake 20 20 12 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on October 1, 2013, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Thomas Wood Commissioner Russ Koski Commissioner Olaf Lee Commissioner Matthew Montain Commissioner James Flint ABSENT: Commissioner Mark Haiden STAFF: Administrator Dallas Larson OTHERS PRESENT: Council Member Love I. CALL TO ORDER. The meeting was called to order at 6:30 p.m. Commissioner Lee arrived at 6:45 p.m. 1. Roll Call II. APPEARANCES - None III. PUBLIC HEARINGS - None IV. OLD BUSINESS 1. Proposal by Rehbein Properties to continue black dirt processing on their industrial property. Matt Rehbein was present to speak on behalf of the owner. Mr. Rehbein reviewed a survey document showing the quantities of materials on the site at the present time, as well as projections of what materials could be used on site to prepare the land for development. The survey indicated that the site contained about 73,000 cu.yds of black dirt, but Mr. Rehbein estimates the volume to be about half of that, since the surveyor used last years profiles to complete his estimate. Mr. Rehbein believes that the site could hold about 175,000 yards of black dirt and about 100,000 yards of compactible material if the piles were limited to 25 feet high. The Commission reviewed possible conditions that might be applied to an Interim Use Permit, including 1) duration limit, 2) pile height, 3) traffic recommended speed, 4) access to 21 Avenue only, 5) 7a.m. -6p.m. operation, 6) street cleaning, 7) Revenue contribution/street damage reimbursement, might be 10 cents per yard for inbound loads and 35 cents per yard for outbound loads. Page 1 of 2 City of Centerville Planning and Zoning Commission October 1, 2013 Motion by Commissioner Wood, seconded by Commissioner Koski to schedule a pu blic hearing at the November meeting to consider the application for interim use permit. All in favor. Motion carried unanimously. V. NEW BUSINESS. - None VI. DISCUSSION ITEMS None VII. CONSIDERATION OF MINUTES 1. Planning & Zoning Commission Meeting Minutes of September 10, 2013 Motion by Commissioner Koski, seconded by Commissioner Lee to approve minutes from the September 10, 2013, meeting. All in favor. Motion carried. VII. ADJOURNMENT Motion by Commissioner Wood, seconded by Commissioner Lee to adiourn the meeti at 7:15 p.m. All in favor. Motion carried. Transcribed by: Dallas Larson, Administrator Page 2 of 2