4.3 PCSR 06-27-2017Request for Action
ToItem Number
Planning Commission4.3
Agenda Section Meeting DatePrepared by
Public HearingsJune 27, 2017BrieAnna Simon, Planner
Amanda Bednar, Environmental Coordinator
Item Description Reviewed by
Tiller Corporation Zack Carlton, Planning Manager
Conditional Use Permit for Mineral Excavation,
Reviewed by
Case No. CU 17-14
Action Requested
Recommend, by motion, approval of the Conditional Use Permit (CUwith the following conditions:
1.If the proposed site improvements described in the application and Conditional Use Permit have
not been substantially completed within two years of the Conditional Use Permits date of
approval, the permit shall expire and become void.
2.The Conditional Use Permit shall expire if the authorized use ce
Failure to obtain an annual license will be evidence of cessatio
3.The applicant must apply for and receive approval of all required permits
may begin.
4.A mineral extraction license shall be obtained annually.
5.The need of buffering and/or screening in light of surrounding land uses shall be evaluate
time of annual license renewal and shall be installed when direct
surrounding land uses.
6.All activities on the site shall be conducted in a manner that i
issued by the City, county, state, federal and other agencies. A
to the operation of the site shallbe submitted to the City for their reference.
7.Hours of operation shall be allowed to be six(6) days a week, 24 hours a day, Sundays and
holidays excluded.
8.Trucking and hauling shall be allowed between the hours of 6:00 -
Saturday.
9.A reclamation plan that reflects the 63 acre operation including final grades, proposed
topography, and a vegetation establishment plan, shall be approved by city staff. This must be
received by August 31, 2017, and will be added to the approved p
10.All conditions from the previous Conditional Use Permit (CU 07-08) Recording Number 668970
approved on May 10, 2008 need to be met.
Background/Discussion
The applicant is seeking a Conditional Use Permit (CUP) Amendment for Mineral Excavation on 12450
Ranch Road (PID 75-121-2000) and near the northern limits of Elk River. Site operations include
stripping, extraction, processing, and recycling of concrete and
reclamation will also be blended onsite with excavated aggregates. The applicant has previously receiveda
CUP for this location.
Hours of Operation
Currently, Tiller operates their loading and trucking hours from 7:00 a.m. -Saturday.
However, Tiller is looking to adjust their hours for loading and trucking on this site to be 6:00 a.m. to
7:00 p.m. Monday-Saturday. All other site operations occur 24 hours a day except for Sundays and
holidays. The site will be subject to the MN State noise standards and wilcomply with the stricter night
time standards during the period from 7:00 p.m. to 7:00 a.m. as defined by MN Rules Chapter 7030,
Noise Pollution Control.
Tillerhas conducted sound level monitoring for all sites in Elk River
comply with the nighttime noise standards. This information has been received by th
as part of their annual Mineral Excavation License application.
Based on this information and monitoring of noise complaints fro
approval of this request to extend hours of operations by one hour.
Reclamation Plan
The existing CUP requires reclamation to be implemented on an an
plans submitted by the operator and approved by the EnvironmentaStaff is looking for a
comprehensive reclamation plan for the site showing additional detail of final grades, proposed
topography, and vegetation. The detailed comprehensive reclamation plan is an important pi
city works to make decisions today that will influence the redevelopment of the city in the mining areas.
Applicable Regulations
The issuance of a Conditional Use Permit can be ordered only if t
1. Will not endanger, injure or detrimentally affect the use and en the immediate
vicinity or the public health, safety, morals, comfort, convenience or ge city.
The proposed use will not detrimentally affect nearby property a
of the development and is located adjacent to other mineral excavation establishments. The annual
permitting process takes neighboring properties into account. The proposed use will comply with
MN Rules Chapter 7030, Noise Pollution Control for all sites during all operating hours.
2. Will be consistent with the comprehensive plan.
The use is consistent with the comprehensive plan. The proposedmineral excavation
guidance for the property through the Gravel Mine Area Study completed in 2014.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The proposed use will not affect the surrounding Commercial Reserve Transition (zoning district)
and Development Reserve (land use). This area of Elk River and the surrounding Livonia Township
land is largely used for gravel mining and landfill operations.
4. Will be served adequately by and will not adversely affect essen
streets, police and fire protection, drainage, refuse disposal, water and sewer
will not, in particular, create traffic congestion or interferen
thoroughfares.
N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-14 Tiller\4-Planning Commission\4.3_CU 17-14 Tiller PC
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The facility will not be served by city services and there does not appear to be any other po
th
impacts to public facilities or services. Baldwin St. NW and 225Avenue NW are currently used for
gravel mine hauling from neighboring operations. This operation iction rules.
5.Will not involve uses, activities, processes, materials, equipme
detrimental to any persons or property because of excessive traf
vibrations.
This proposal underwent an Environmental Assessment Worksheet (EAW) with the City of Elk
River to determine the potential environmental effects of the opcity determined that the
proposed operation would not result in non-reclaimable environmental degradation. The conditions
outlined in this CUP are in place to minimize the effects of noi
for gravel mine operations.
6. Will not result in the destruction, loss or damage of a natural, of major importance.
This proposal underwent an EAW with the City of Elk River to determine the potential
environmental effects of the operation. The city determined that the proposed operation would not
result in non-reclaimable environmental degradation. The reclamation plan to be developed by the
operation and submitted to staff will return the property to environmental standards. No historic
features were identified through the EAW process.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
Standards for the issuance of a license or permit to establish a
The applicant is required to comply with all other sections of tequired
building permits in addition to the Conditional Use Permit. The proposed use will comply with MN
Rules Chapter 7030, Noise Pollution Control for all sites during all operating hours.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not compl
30-654.
In the review of the standards for CUP as outlined, it appears t
these standards.
Financial Impact
None
Attachments
Location Map
Application for Amendment to CUP for Mineral Excavation dated Ma
Previous recorded document (CU 07-08)
N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-14 Tiller\4-Planning Commission\4.3_CU 17-14 Tiller PC
Report.docx