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Planning Commission Minutes August 8, 2006 Page 2 --------------------------- Commissioner Offerman asked how many years the operation is expected to last. Ms. Haug stated that depends on how long it is needed, since the will be supplying materials for state, city, and township projects. Commissioner Offerman stated he was concerned that a conditional use permit could remain with the property, and a subsequent owner could open another asphalt plant.. He asked for clarification on an interim use permit versus a conditional use permit. Planning Manger Jeremy Barnhart explained that an interim use permit would have an end date, and that a new owner would have to meet all the terms of the original conditional use permit. Commissioner Anderson stated that he shared Commissioner Offerman's concerns, and felt that the permit should have a "sunset" date. Commissioner Anderson questioned language in the Agreement regarding use of County Road 33 to access Highway 169. Ms. Haug stated that language was included in error and would be removed. Commissioner Anderson asked if there were acceleration lanes for the trucks at 225th Avenue. Ms. Haug stated that the appropriate access, turn, and acceleration lanes were in place. She stated that she had received no comments from MnDOT regarding this request. Chair Lemke stated that he recalled past discussion regarding a possible private drive agreement with the property owner to the south. Ms. Haug stated that Elk River Bituminous is no longer in operation. Chair Lemke asked what the timeline in the 1994 EIS was for completion of the mining operation at this site. Ms. Haug stated that she would need to research his question. Chair Lemke stated he would support an interim use for this request. Commissioner Offerman stated he agreed this request should be an interim use. Chair Lemke opened the public hearing. Jeff Lawson, 22715 Baldwin St NW -Stated that the 1994 EIS states that the entire 280 acres of the Toth property would be reclaimed by 2011. He stated it was his understanding that all of the property owned by Bauerly Brothers as already been mined. Mr..Lawson stated that the asphalt plant will be directly across from his home. He asked if the City was working with Livonia Township on a plan for the 169 corridor. He noted that the Schulz property is not part of the 1994 EIS and questioned what will happen with the truck traffic when that site is mined. He expressed concern for the wetlands on the Toth property and runoff. Mr. Lawson stated that even though the mining hours are 7 am - 7 pm, he can hear the backup alarms at 5:45 am. He questioned why another asphalt plant is needed, since there are already two other plants in close proximity. Mr. Lawson stated he felt Livonia Township placed the 20-acre moratorium on development to preserve the area for future mining, and that this will force property owners to given up their land to the gravel miners at wholesale prices. He stated that muting virtually destroys all wildlife habitat. He noted that the Hohlen farms is completely torn up. Mr. Lawson stated that he heard an overpass is planned at 221~t Avenue and Highway 169. He stated that land owners are being held hostage by the "big money", and that the County is protecting the gravel for them. Mr. Lawson stated that in the original conditional use permit for the property, the applicant requested 24-hour rock crushing operations. At that time, the Zoning Administrator stated that did not have the resources to monitor all the mining, asphalt and trucking operations. Mr. Lawson stated that he has counted 31 trucks coming in and out of the site in one-half hour. He stated that there is no acceleration lane going southbound on Highway 169. He noted that the 221~t Avenue and Highway 169 intersection does have the proper lanes, but not 225th Avenue. He noted that the gravel mining should have been completed on the