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1982 12 15 e PLANNING COMMISSION MINUTES DECEMBER 15, 1982 COUNCIL CHAMBERS, 690 COULTER DRIVE Members Present: Ladd Conrad, Carol Watson, Jim Thompson, Howard Noziska, William Swearengin and Mike Thompson Members Absent: None Staff Present: Bob Waibel, City Planner The meeting was called to order by Chairman Conrad at 7:30 p.m. Conditional Use Permit and Zoning Ordinance Variance Request, Apple Valley Red-E-Mix, Public Hearing: Public Present: Susan Albee Hugh Fisher, Representing Apple Valley Red-E-Mix Court MacFarlane, 3800 Leslee Curve, Excelsior Donald Schmieg, Box 397, Chanhassen, MN e Waibel indicated the request is to install a readymix washout system at the Apple Valley facility located on West 78th Street. He indicated that the Apple Valley facility is zoned CBD and uses within the CBD district require conditional use permits. Also the facility is designated as a non-conforming use and that any expansion, alteration, or enlargement of a non-conforming use requires a variance to the zoning ordinance. Waibel described the washout system as a series of underground tanks that sort out the material left in partial truckloads returning to the plant as well as left over material from the plant itself at the end of daily operations. The system is designed to reuse the same water in recycling most of the left over material into a reusable state. Presently this process is being accomplished by having the partial loads washed into a pit at the west end of the existing facility which requires ground- water to be pumped every time washout activities OCQur. This pit is not lined and it is conceivable that some of the material may leach below the surface of the pit. Also, it is not certain whether or not there is any overland flow of any water or material. This pit is periodically cleaned out with excavating equipment and the material is sent to the Apple Valley main plant for recycling and landfill disposal. The proposed system has been described as having advantages in that: 1. It is self-contained and is significantly less water intensive by using the same water over and over; . 2. It is more efficient from an energy, labor, and quality of material recovered standpoint than the present method; 3. The proposed system will result in less material that will be needed to be disposed of at a landfill. e e . Planning Commission Minutes December 15, 1982 P ag e 2 Waibel stated that although the proposed washout system may have intrinsic merits, staff finds that the proposed system is clearly an enlargement and alteration of a non-conforming use which is inconsistent with the zoning Ordinance, the Central Business District Ordinance, the Comprehensive Plan, and the Downtown Redevelopment Plan and based upon such recommend that the city act to deny the request. When asked how long Apple Valley is allowed to exist at its facility as a non-conforming use, Waibel stated that Zoning Ordinance 47 calls for its termination in February, 1992. Hugh Fisher, representing Apple Valley, Inc., stated that pre- sently they have problems with excess water washing down the hill into the yard area of the plant plus at the present time they are not able to recycle the aggregate material. He described in further detail the washout system as consisting of an auger system with a watertable very near the top of it and as the auger turns, various particals are separated into the three underground tanks according to their size. When asked about potential environmental problems with the manner in which the waste is presently disposed of, Waibel indicated that he is not certain as to what real impact there is and does not believe that any great amount of research has been done on the subject. He stated that when cement waste is solidified, it is less likely to enter the environment. In the last review of a request by Apple Valley to construct a cement silo, it was found that throughout the cement industry, many of the products do con- tain various fillers such as flyash which comes in various grades and is known to contain trace elements such as heavy metals and arsenic. However, in researching that matter several years ago it had been found that little information had been developed as to the real impact of the cement industry's use of these materials on the environment. When asked what sort of pressure this activity presently places on the city water supply, Waibel noted that Apple Valley is not connected to the city water system, however, they are connected to the city sewer system for domestic flows only. Mr. Fisher stated that presently it takes approximately 600 to 700 gallons of water for each truck washing and that with the new system all of this water would be reused. Waibel stated that from what has been heard so far this evening, perhaps staff should look into the aspect of determining as best possible whether or not in fact an environmental hazard does exist and if so, can the city require the washout system under enforcement of Pollution Control Agency regulations, and find out if somesort of agreement can be drawn between the city and the applicant that would clearly stipulate that the approval of the request would e Planning Commission Minutes December 15, 1982 P ag e 3 not jeopardize the city's position in the termination of Apple Valley's operation as a non-conforming use. Carol Watson moved to close the public hearing. Motion seconded by J. Thompson. Motion unanimously approved. J. Thompson made a motion that the Planning Commission recommend approval of the request from the standpoint that it must be an environmental improvement and with the approval contingent that the city's ability to terminate Apple Valley's operation not be impaired by the installation of the washout system. Vote: J. Thompson, Swearengin, Noziska all aye. Watson, Conrad, M. Thompson, Ryan all nay. Motion failed. Conrad felt that more data is needed on the environmental aspects and legal possibilities on this request. Ryan stated that he believes that the approval should not cause any problems to the city by the fact that most of the equipment value is tied up in salvagable and relocatable items and that the depreciation schedule on that equipment is ten years which coin- cides with Apple Valley's time left as a non-conforming use. e Watson said that she was concerned about setting a precedent that could jeopardize the non-conforming use provisions of Ordinance 47 but is still interested in improving on what might be a poten- tial environmental problem. M. Thompson made a motion that the Planning Commission table action and hold the record open for written comment and direct staff to gather as much information as available to determine whether or not an environmental problems exist. Motion seconded by Ryan. Vote: Conrad, Ryan, M. Thompson, Watson all aye. Swearengin voted nay. Howard Noziska abstained. Motion carried. Environmental protection Committee update Vice-Chairman of the Environmental Protection Committee CEPC), Court MacFarlane was present to update the Planning Commission on the EPC. Mr. MacFarlane stated that to date, the EPC has met 15 times including the first of these meetings which was held jointly with the Planning Commission. There were a couple meetings dedicated to organizational matters and philosophy on the environmental protection ordinance. e Three meetings were involved with guest speakers in an effort to educate the committee about the value and function of wetlands. The speakers included Dr. Milton Weller, head of the Fish and Wildlife Dept. at the University of Minnesota; James Robinnet, Director of Public Works for the City of Lakeville; Dr. Olaf e Planning Commission December 15, 1982 P ag e 4 Pfannuch of the University of Minnesota Geology Dept; and Gary Oberts of the Metropolitan Council. Several more meetings were involved in developing the overall structure and framework of the ordinance and developing the language for the statement of pur- pose and the statement of intent. Several other meetings were involved with what would be considered permitted uses, prohibited uses, and uses by permit within wetland districts. In addition to listening to guest speakers, the committee has referred to the wetland ordinances of the cities of Moundsview, Eden prairie, Lakeville, Orono and the Metropolitan Council as well as the draft ordinance which was prepared for the City Council last year. e Mr. MacFarlane indicated that what has been found is that there is a growing body of knowledge about what the real function and value of wetlands are and that there is still a great deal more to be learned. Almost all of the specialists that the committee has talked to have their own reasons of why wetlands are valuable and how to manage them, however, it appears they are all in agreement that they are a valuable resource which needs to be managed. Mr. MacFarlane said that he feels it is the basic phi- losophy of the committee that a zero degradation approach is best to carry out sound stewardship. He said that the committee has found that the issue of wetlands management is very complex in that it involves the entire drainage system of the city as well as the land use plans for the city. Approval of Minutes A motion was made by Watson and seconded by J. Thompson to approve the minutes of December 1, 1982 as presented. Motion unanimously approved. A motion was made by J. Thompson and seconded by Noziska to note the December 6, 1982 City Council minutes. Motion unanimously approved. Open Discussion e Swearengin read the following statement into the record "I have thoroughly reconsidered the issues regarding the Przymus Conditional Use Permit on Highway 5 and even though I am not changing my opinion regarding the issue I have been persuaded to withdraw my decision to resign from the Chanhassen Planning Commission at this time, should the Council decide to cast suf- ficient votes to approve the conditional use permit. I feel I can best serve the interests and needs of the residents of Chanhassen by continuing to operate within the system." A motion was made by M. Thompson and seconded by Noziska to adjourn. Motion unanimously approved. Meeting adjourned at 10:00 p.m.