Minutes of the Monday, August 10, 2015

MINUTES OF THE MONDAY, AUGUST 10, 2015

PLANNING COMMISSION HEARING – 7:00 PM

The Kandiyohi County Planning Commission met on Monday, August 10, 2015 at 7:00 PM in the Commissioners Room at the Kandiyohi County Health & Human Services Building located at 2200 23rd St NE, Willmar Minnesota. Members present were John Dean, Harlan Madsen, Jane Youngkrantz, Jeff Johnson, Ronald Pederson, John Hauge, and Doug Hanson. Also present was Assistant Zoning Administrator, Eric Van Dyken.

Chair Dean opened the meeting at 7:00 p.m.

Minutes of the previous meeting were approved as mailed.

A hearing was held on the application of Morrie Evenson, SW ¼ of SW ¼, except N 300’, Section 25, township 121, Range 35, Lake Andrew Township. (13505 – 10th St NE) Applicant proposes to continue operation of gravel mining, extraction, crushing, screening, washing, and stockpiling in an A-2 General Agricultural District. Daphne Evenson, wife of Morrie Evenson, was present and noted that they would like to have their permit approved for another 10 years. Johnson noted that upon viewing the site he believes that the operation has good mining practices. Johnson noted no runoff problems and commented that the site is screened from the road. Johnson additionally commented that there are no close neighbors beside the applicants themselves. Motion by Madsen, second by Youngkrantz to recommend approval of the request with the following conditions and findings as proposed by staff:

Conditions

Hours of operation shall be limited to 6:00AM through 8:00PM Mon-Sat.

The applicant shall provide a bond or irrevocable letter of credit to Kandiyohi County in the amount of one thousand dollars ($1,000) per acre to assure proper reclamation of the site after completion of the project.

The applicant shall observe all setback regulations as contained in Chapter 32, section 32-5-6 of the Kandiyohi County Zoning Regulations.

This conditional use permit shall be valid for 10 years from the date of issuance.

Kandiyohi County Environmental Services staff shall be granted access upon reasonable notification for reasons of determining compliance will all conditions of this permit and Zoning Ordinance Performance Standards.

Prior to commencement of mining activities, a sign shall be posted at the entrance to the site that clearly states the date of the permit issuance, hours of operation, duration of the permit, the operator’s phone number, and the Zoning Office phone number. The sign and lettering shall be of sufficient size and shall be located such that it can reasonably be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area.

This conditional use permit shall authorize the extraction, processing, and storage of sand, gravel, & rock, and the storage and processing of recycled concrete and asphalt.

The owner and/or operator shall be responsible for maintenance and restoration of all county and township roads used as haul roads for the operation. In the event that haul roads are damaged or suffer more than ordinary wear or deterioration due to the applicant’s use, the applicant, upon written notification by the Zoning Administrator, shall immediately suspend operations under the CUP until all required maintenance is completed, at the applicant’s expense, to the satisfaction of the County Engineer.

9.The operator shall be responsible to maintain dust control measures on site and on haul roads at levels adequate to insure normal rural dust conditions are not exceeded. Such dust control may include required application of chloride treatment at the discretion of the Zoning Administrator.

Findings

1.The Planning Commission finds that the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.

2.The Planning Commission finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. The Commission notes that the surrounding area is predominantly other gravel pits, and agricultural land.

3.The Planning Commission finds that adequate utilities, access roads, drainage, off-street parking, and other necessary facilities have been or will be provided. The Commission notes that the site will not require facilities or infrastructure above normal levels for the area.

4.The Planning Commission finds that adequate measures have been or will be taken to minimize or control offensive odor, fumes, dust, noise, and vibrations, so that none of these will constitute a nuisance, and to control lighted signs, and other lights in such a manner that no disturbance to neighboring properties will result.

5.The Planning Commission finds that the proposed use is allowed with a conditional use permit in the A-2 district under Zoning Ordinance Chapter 7, Section 7-3 entitled “conditional uses”.

6.The Planning Commission finds that the proposed use is in harmony with the goals and objectives of the Comprehensive Plan. The Commission notes that the Comprehensive Plan identifies in Chapter 7 Goal 4 that the County should make land use decisions that help protect aggregate resources and mining activities with an emphasis on minimizing or avoiding potential residential and environmental conflicts.

7.The Planning Commission finds that the proposed use has the ability to meet the standards of the Zoning Ordinance. The Commission notes that zoning staff review of the proposal found no violations of the Zoning Ordinance. The Commission notes that the proposed site can adequately serve the needs of the proposed use.

8.The Planning Commission finds that the proposed use will not have significant negative impacts on groundwater, surface water, or air quality if operated according to all applicable Federal, State, and County regulations, including the conditions placed on the permit.

The Planning Commission unanimously recommends the Board of Commissioners approve the request, as presented, based on finding and conditions as stated herein. Motion carried.

A hearing was held on the proposed Kandiyohi County Floodplain Ordinance Adoption. The proposed floodplain ordinance is being adopted to incorporate the Flood Insurance Study for Kandiyohi County and Incorporated Areas and the accompanying Flood Insurance Rate Map panels. The ordinance is also being adopted to incorporate floodplain ordinance text revisions mandated by the Federal Emergency Management Agency (FEMA) for communities participating in the National Flood Insurance Program (NFIP). Duane Bonnema, County Surveyor, and Josh Stern (from the County Surveyor’s Office) began discussion by showing a county-wide color floodplain map and explaining the content of the map as well as the history of map development over the last 8 (+/-) years. Stern explained the process for a Letter Of Map Amendment (LOMA) that can be used by citizens if they believe that their property has been incorrectly identified as being in the floodplain. Madsen stated that he does not believe that adoption of this map is in the best interest of the county. Madsen wondered about the effects of opting out of the flood insurance program. The entire commission expressed concern over the accuracy of the map and potential impact for those included. Madsen stated that he is concerned about future restrictions on floodplain that could be referenced in other laws or rules. Johnson noted that when homes sell they often will need to have a floodplain zone determination and may need to buy insurance before money is lent. Concern was expressed that the county should have accurate maps before moving forward. When asked, Van Dyken noted that staff is not prepared at this time to give a complete answer concerning the effects of not adopting this map by the September 30, 2015 deadline and also the effects of opting out of the flood insurance program. Van Dyken noted that staff can research these questions. Motion by Madsen, second by Youngkrantz to continue the public hearing until 7:00 p.m. at the next regular meeting of the Planning Commission and to instruct zoning staff to prepare a report that explains the potential effects of not adopting this map by the deadline and also of opting out of the flood insurance program. During discussion it was requested that staff also seek to have an appropriate MN DNR official at the continued hearing to aid in answering questions. Motion carried.

There being no further business, meeting adjourned at 7:45 pm.