HomeMy WebLinkAbout2014-01-07 P & Z Packet PLANNING AND ZONING COMMISSION
eryiC�e MEETING AGENDA
TUESDAY, January 7, 2014
6:30 p.m.
I. CALL TO ORDER''
1. Roll Call
II. APPEARANCES /PRESENTATION(S)
III. PUBLIC HEARING (S)
IV. OLD BUSINESS
1. Consider Findings and Decision on Interim Use Permit - Rehbein Black Dirt
V. NEW BUSINESS
1. Appointment of Chair & Vice Chair
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. November 5, 2013 Planning & Zoning Commission Meeting Minutes
VIII. ADJOURNMENT
*REMINDERS **
Planning & Zoning Commission Meeting — February 4, 2014 6:30 p.m. Council Chambers
City Council Meeting — January 8, 2014, 6:30 p.m. Council Chambers
City Council Meeting — January 22, 2014, 6:30 p.m. Council Chambers
Parks & Recreation Committee Meeting — January 8, 2014, 6:30 p.m. (Administrative Offices)
Centerville Lions Annual Ice Fishing Contest & EAA Young Eagles Airplane Rides — February 22, 2014, 8:00
a.m. Centerville Lake
*PARK USAGE*
Skate Night — Laurie LaMotte Memorial Park Ice Rinks, January 11, 2014, 6:30 p.m.
Skate Night/Hayride — Laurie LaMotte Memorial Park Ice Rinks, February 8, 2014, 6:30 p.m.
Planning & Zoning Commission Report and Recommendation.
The Planning & Zoning Commission met on January 7, 2014 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 on November 5, 2013.
2) The proposed use may be operated in the I -1 zoning district subject to an Interim Use
Permit with reasonable conditions.
3) Minnesota DNR offered comments that require a "No Rise Certificate" if the use is
located in the Floodway.
4) The proposed use is not inconsistent with the Comprehensive Plan if allowed on a
temporary basis until the planned use is feasible.
5) 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.
January 7. 2014
Planning and Zoning Commission
Dallas Larson, Administrator
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, unless a interim or conditional use permit is
applied for and issued, permitting the activity on that site.
b) Existing green strip along Clearwater Creek shall not be disturbed.
c) Operating hours shall be limited to 6:00 a.m. to 6:00 p.m. Monday through Friday
and 7:00 a.m. to 6:00 p.m. Saturday.
d) Permittee shall endeavor to limit speed of trucks entering or leaving the site to 25
miles per hour.
e) Permittee shall maintain millings at the entrance to the site for a minimum
distance of 250 feet south from the intersection of 21" 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 in the street,
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.
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 50 feet above the natural
grade of the site. Materials allowed to be brought to the site shall only be granular
compactable material and black dirt. No broken concrete or asphalt material is
permitted.
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 of material hauled from the site shall be
in the form of a log of loads hauled out each day and documenting the quantity of
material in each load together with copies of truck load tickets and/or bills of sale.
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 black dirt material hauled from the site, $0.25 per cubic yard,
to be paid monthly.
2. For loads of compactable granular material hauled from the site, $0.10 per
cubic yard, to be paid monthly.
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.
p) Minnesota DNR has commented that, for the use to be located in the Floodway, a
"No Rise Certificate would be required. Applicant will provide a "No Rise
Certificate" or move dirt stockpiles out of the Floodway not later than July 1,
2014. This permit does not allow placing any new material in the floodway, prior
to the city receiving a "No Rise Certificate."
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 be effective February 1, 2014, and shall expire at December 31,
2018. Not later than December 31, 2019, 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.
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 2014.
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
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular
meeting on November 5, 2013, at 6:30 p.m.
PRESENT: Chairperson Darrin Mosher
Commissioner Thomas Wood
Commissioner Russ Koski
Commissioner Olaf Lee
Commissioner Mark Haiden
ABSENT: Commissioner Matthew Montain
Commissioner James Flint
STAFF: Administrator Dallas Larson
OTHERS PRESENT: Council Member Love
I. CALL TO ORDER. The meeting was called to order at 6:30 p.m.
1. Roll Call
II. APPEARANCES - None
III. PUBLIC HEARINGS - Interim Use Permit Application, Dirt Processing — Rehbein
Black Dirt
Administrator Larson briefly reviewed the application for Interim Use Permit and noted
that a draft permit was included in the meeting materials. The draft had a number of
conditions as discussed previously. The applicant Gerald Rehbein was present for the
hearing. The hearing was opened for public comment, the following persons offered
comments.
Vicky Miller on behalf of Miller Mobile Marine and Will Lessard. She does not object to
the use, but would be concerned about access coming onto 20 Avenue. It was noted that
the permit as drafted would not allow direct access onto 20` Avenue, but requires use of
21' Avenue up to Main Street.
Administrator Larson reported a phone call from Ken Carpenter that he would not like to
see this use of the property. He feels it should be developed for industrial buildings.
After everyone who wished to speak with regard to the proposed use had been given an
opportunity to do so, a motion was made by Commissioner Koski, seconded by
Commissioner Lee and duly passed to close the public hearing.
IV. OLD BUSINESS - None
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City of Centerville
Planning and Zoning Commission
November 5, 2013
IV. NEW BUSINESS. - Consider Findings and Decision on Interim Use Permit -
Rehbein Black Dirt
Mr. Rehbein requested several changes to the draft permit, which were acceptable to the
Commission. These include modified hours of operation to allow 6:00 a.m. start on
Monday - Friday, rather than pave the entrance the owner shall install a surface of milled
asphalt recycled material, the maximum height of piles shall be 50 feet, documentation
may include bills of sale in addition to load tickets and daily logs, payment by the owner to
the city shall be $0.25 per yard for black dirt hauled from the site and $0.10 for granular
compactable material hauled from the site, and the permit would be for five rather than
three years. Mr. Rehbein acknowledged that the permit is acceptable with those changes.
Motion by Commissioner Wood, seconded by Commissioner Lee to adopt the findings and
recommendation in favor of the interim use permit and recommending the draft IUP with
the changes noted. All in favor. Motion carried unanimously.
VI. DISCUSSION ITEMS
1. City Code related to lake- oriented accessory buildings.
The Commission reviewed a comparison grid of regulations on lake oriented
accessory buildings. Consensus was that the city has reasonable allowances and no
changes are needed.
2. Noise issues.
It was reported that Council member King has expressed concerns over noise from
music at Kelly's Bar. After some discussion, the consensus was that more
information would be needed from Mr. King before any changes in Code
regulations would be considered.
VII. CONSIDERATION OF MINUTES
1. Planning & Zoning Commission Meeting Minutes of October 1, 2013
Motion by Commissioner Lee, seconded by Commissioner Koski to approve minutes from
the October 1, 2013, meeting. All in favor. Motion carried
VII. ADJOURNMENT
Motion by Commissioner Wood, seconded by Commissioner Lee to adiourn the meeting at
8:02 p.m. All in favor. Motion carried.
Transcribed by:
Dallas Larson, Administrator
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