09-14-2006 PC MIN - Laserfiche WebLink

Home Browse Search

Planning Commission Minutes September 14, 2006 Page 3 (NOT TO EXCEED 20-FEET) AND SHALL BE LOCATED ON EITHER SIDE OF THE ENTRANCE DRIVE. 9. SIGN PERMITS SHALL BE OBTAINED FOR ALL SIGNS. 10. IF A COFFEE SHOP/CAFE GREATER THAN 1,800 SQUARE FEET IS DESIRED OR IN A SIGNIFICANTLY DIFFERENT LOCATION THAN AS SHOWN ON THE SITE PLAN DRAWING DATED JULY 20, 2006, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT. 11. SUPPORT SERVICES TO THE BUILDING SHALL OCCUR ONLY BETWEEN THE HOURS OF 7 A.M. AND 10:00 P.M. MOTION CARRIED 6-0. 6.1. Request by Bauerly Brothers_ Inc to Amend Conditional Use Permit for Gravel Mining, Case No. CU 06-20 -Continued from Au st 8 2006 Plannin Commission Meetin Environmental Administrator Rebecca Haug reviewed revisions to conditions for the request by Bauerly Brother, Inc. including traffic levels, addressing intersection issues, dust and odor, hours of operation, and location of the plant. Staff recommends approval of the request with the conditions listed in the Agreement for Issuance of a Conditional Use Permit attached to the September 14, 2006 Planning Commission report. Commissioner Stevens asked when the number of trucks and hours of operation could be extended. Ms. Haug stated that special conditions would be reviewed on a case-by-case basis. She noted that some MnDOT projects require working during the night time hours. Commissioner Stevens asked how the air emissions will be measured. Ms. Haug stated that Bauerly will have a permit with the Minnesota Pollution Control Agency. If a complaint is received, the operator will be contacted and they will be given 24 hours to deal with the issue. Commissioner Stevens felt this process may be very subjective. Ms. Haug stated that there are typically no problems with compliance. Commissioner Offerman asked if a "sunset date" is being addressed. Ms. Haug stated that the City Attorney advised not having a sunset date. She noted that Bauerly has agreed to have the permit reviewed in 10 years for renewal. Planning Manager Jeremy Barnhart stated that this use is tied to the original conditional use permit, and when the mining ceases, the asphalt plant will also cease operations. He referred to Page 2 of the Agreement, Section 3. (O1). He stated that the hot mix asphalt use goes with the mining, and the conditional use permit expires six months after mining ceases. Commissioner Stevens expressed concern that mining could be minimized and the hot mix plant could still continue. He asked if there is minimum level of mining the city would allow. Ms. Haug stated that the mineral excavation is licensed every year, and once they stop renewing the license, the conditional use permit stops. Commissioner Stevens asked if the gravel miners need to account for how much gravel is mined. Ms. Haug stated that the gravel is taxed and can be tracked. Commissioner Westgaard stated that even though they are limited to a certain number of trucks, the number of trips could vary greatly. He asked how many additional trucks will be running, with the asphalt plant operations. Ms. Haug stated that they currently have 30 trucks and there would be 5 more trucks added. Commissioner Westgaard referenced the City Engineer's memo regarding MnDOT's recommendation. He questioned the word