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7.6. SR 07-17-2017City of Elk az — River Request for Action To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearings July 17, 2017 BrieAnna Simon, Planner Amanda Bednar, Environmental Coordinator Item Description Reviewed by Conditional Use Permit: Tiller Corporation Zack Carlton, Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit (CUP) authorizing extended hours of operations, with the following conditions: 1. If the proposed site improvements described in the application and CUP have not been substantially completed within two years of the permit's date of approval, the permit shall expire and become void. 2. The CUP shall expire if the authorized use ceases for more than six months. Failure to obtain an annual license will be evidence of cessation of use. 3. The applicant must apply for and receive approval of all required permits before any construction 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 evaluated at the time of annual license renewal and shall be installed when directed by the city to protect surrounding land uses. 6. All activities on the site shall be conducted in a manner that is consistent with operating permits issued by the city, county, state, federal and other agencies. A copy of any and all permits related to the operation of the site shall be submitted to the city for their reference. 7. Hours of operation are 4 a.m. until 10 p.m. Monday -Friday and 7 a.m. to 7 p.m. on Saturday. 8. Trucking and hauling shall be allowed between the hours of 6 a.m. and 7 p.m. Monday -Saturday. 9. A reclamation plan that reflects the total active 555.23 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 plans for this site. 10. All conditions from the previous CUP (CU 07-08) Recording Number 668970 approved on May 10, 2008, need to be met. Background/Discussion Case No. CU 17-14 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 asphalt reclamation. Materials suitable for reclamation will also be blended onsite with excavated aggregates. The applicant has previously received a CUP for this location. P a w E R E U 6 Y NaA f RE] Hours of Operation Currently, Tiller operates their loading and trucking hours from 7 a.m. to 7 p.m. Monday -Saturday. However, Tiller is looking to adjust their hours for loading and trucking on this site to be 6 a.m. to 7 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 will comply with the stricter night time standards during the period from 7 p.m. to 7 a.m. as defined by MN Rules Chapter 7030, Noise Pollution Control. Tiller has conducted sound level monitoring for all sites in Elk River and has demonstrated the ability to comply with the nighttime noise standards. This information has been received by the City of Elk River as part of their annual Mineral Excavation License application. Based on this information and monitoring of noise complaints from residents, staff recommends the approval of this request to extend hours of operations by one hour. Reclamation Plan The existing CUP requires reclamation to be implemented on an annual basis pursuant to the reclamation plans submitted by the operator and approved by the environmental coordinator. Staff 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 piece as the 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 the use at the proposed location: WIN not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The proposed use will not detrimentally affect nearby property as the use fits with the intended use 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. mill be consistent with the comprebensive plan. The use is consistent with the comprehensive plan. The proposed use fits the mineral excavation guidance for the property through the Gravel Mine Area Study completed in 2014. 3. mill 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. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and scboolr; and will not, in particular, create traffic congestion or interference witb traffic on adjacent and neigbboring public tboroughfares. The facility will not be served by city services and there does not appear to be any other potential impacts to public facilities or services. Baldwin St. NW and 225"' Avenue NW are currently used for gravel mine hauling from neighboring operations. This operation will meet road restriction rules. N:\Public Bodies\Agenda Packets\07-17-2017\Final\7.6_sr CU 17-14 Tiller.docx 5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. This proposal underwent an Environmental Assessment Worksheet (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 conditions outlined in this CUP are in place to minimize the effects of noise, odors, and dust that are common for gravel mine operations. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature 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. mill fully covywitb all other requirements of this Code, including any applicable requirements and Standards for the issuance of a license or permit to establish and operate the proposed use in the city. The applicant is required to comply with all other sections of the code and must apply for all required 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 comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Planning Commission Meeting Christina Morrison of Tiller Corporation was present and stated they are aware of and have no concerns with the above conditions. No one else spoke for or against the request and staff has not received any additional comments from the public. The Planning Commission unanimously recommended approval. Attachments ■ Location Map ■ Application for Amendment to CUP for Mineral Excavation dated May 2017 ■ Previous recorded document (CU 07-08) N:\Public Bodies\Agenda Packets\07-17-2017\Final\7.6_sr CU 17-14 Tiller.docx Application for an Amendment to Conditional Use Permit for Mineral Excavation May 2017 Irw TILLER CORPORATION' 7200 Hemlock Lane North Maple Grove, MN 55311 Phone: (763) 425-4191 Fax: (763) 425-7153 TILLER CORPORATION APPLICATION FOR AN AMENDMENT TO CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION ELK RIVER, MINNESOTA 1. INTRODUCTION Tiller Corporation (Tiller) is requesting an amendment to a Conditional Use Permit (CUP) for Mineral Extraction for our site located in Elk River at 12450 Ranch Road (CSAH 33). Site operations include stripping, extraction, processing, recycling of concrete and asphalt and reclamation. These operations are currently permitted to occur from 4:00 A.M. until 10:00 P.M. Monday through Friday and 7:00 A.M. to 7:00 P.M. on Saturday. Loading and trucking operations are currently permitted to occur from 7:00 A.M. to 7:00 P.M. Monday through Saturday. This amendment request is limited to hours of operation for loading and trucking. We are requesting a starting time of 6:00 A.M. versus the current 7:00 A.M. No changes are being sought for the ending time or any other aspect of our permit. Figure 1 - General Location Map, illustrates the Site general location. 2. Legal Description of Property: See Exhibit 1 3. Name and Address of Operator and Property Owner Tiller Corporation 7200 Hemlock Lane, Suite 200 P.O. Box 1480 Maple Grove, MN 55311-6480 (763)425-4191 4. Names and addresses of all adjacent landowners within 350 feet of the Site. See Exhibit 2 5. Detailed Map of Haul Routes Figure 2, Haul Routes, illustrates the extent of the haul routes within the City limits. The Site is located on CSAH 33 (Ranch Road) and the majority of the trucks utilize this to access US 169. County and state highways will be used for the majority of hauling. Local roads east of US 169 and west of the Site will be used only as needed for local deliveries. Proctor Road south of CSAH 33 is posted seven tons per axle; therefore loaded trucks are prohibited from using this route. Tiller Corporation: Elk River Sand and Gravel Mine 11 P a g e Conditional Use Permit Amendment Application May 2017 6. Noise: The mining operation as well as loading and trucking operations will operate in compliance with all State noise standards. State standards have been established for daytime hours, defined as 7:00 a.m. to 10:00 p.m. and nighttime hours defined as 10:00 p.m. to 7:00 a.m. Nighttime standards are more restrictive for residential receptors. The Site currently operates processing equipment during nighttime hours and is therefore subject to both daytime and nighttime residential standards. Table 1.1 Minnesota Noise Standards for Residential Land Uses Daytime Nighttime Lso Lio Lso Lio 60 dBA 65 dBA 50 dBA 1 55 dBA For the past 10 years, Tiller has been conducting sound level monitoring and predictions for the Site and other facilities that they operate in Elk River, Livonia Township and in Maple Grove. Similar processing, loading and trucking equipment are utilized at all of the facilities. Tiller has demonstrated the ability to comply with the nighttime noise standards. This information has been presented to cities and counties and Tiller is allowed nighttime operations at these facilities. Although sound levels vary with distance and topographic changes, the monitoring and predictions conclude that these facilities can operate in compliance with the noise standards at residential receptors located at similar distances to those at this Site. Figure 3 - Site and Surrounding Area is an aerial photograph that illustrates the location of the Site with respect to the surrounding area which includes a city park, mining operations and residential areas. 7. Hours of Operation for Loading and Trucking: There have been a number of projects served by the Site that have required earlier loading and trucking times. In these instances we have requested specific permission from appropriate staff to extend our hours and accommodate these projects. The majority of these requests have been for a 6:00 A.M. start versus 7:00 A.M. Although there are a small number of requests for overnight loading and trucking, these are usually for major highway projects that are done during nighttime hours to avoid conflicts with the travelling public. A recent example is the Hwy 10 and Armstrong Blvd interchange in Ramsey. A large amount of material for that project was loaded, trucked and delivered from the Site to the project during nighttime hours. Tiller staff, and to our knowledge, City staff have not received any comments or complaints when the Site is utilizing extended hours even for larger overnight projects. 8. Request: Tiller is respectfully requesting an amendment to the existing CUP for the Site that will allow loading and trucking operations to occur from 6:00 A.M. to 7:00 P.M. Monday through Saturday. No other changes are being sought for any aspect of the CUP. Tiller Corporation: Elk River Sand and Gravel Mine 2 1 P a g e Conditional Use Permit Amendment Application May 2017 There will still be occasions when overnight loading and trucking is needed for certain major highway or other construction projects. These situations are best handled by appropriate City staff on a case by case basis just as they are now. This allows an opportunity to communicate the timing of these projects with various public works contacts as well as with necessary public safety personnel. Tiller Corporation: Elk River Sand and Gravel Mine 3 1 P a g e Conditional Use Permit Amendment Application May 2017 Zimmerman Stanford Orrock Livonia Saint Francis Site Big Lake '\ �` Nowthen Elk River Otsego Ramsey Albertville St. Michael Rogers Dayton Site Figure 1 Cities and Townships Site General Location Miles 0 1 2 4 Orrock Livonia A I Saint Francis) J Lake US 169 use Elk River Route for for Local Projects Only �I04 Route for Majority of Projects Roads Sourced from MnDOT OCities and Townships Figure 2 Haul Routes .—U51D N 0 0.5 1 Nowthen I Ramsey i Miles 2 4,., IS } Residential ' �Y � a` ' Mining .11 '- Residential I", ' r Site A Clty Park -- Screening Berms Property Boundary City Park Residential 1 HEI Residential Imagery u2017 . Dig'dalGlope. U.S. Geological Survey. USDA Farm Service Agency Figure 3 Site and Surrounding Area N Fee 0 500 1,000 2,000 _r Residential Imagery u2017 . Dig'dalGlope. U.S. Geological Survey. USDA Farm Service Agency Figure 3 Site and Surrounding Area N Fee 0 500 1,000 2,000 Exhibit 1 Legal description of the Tiller Property The East Half of the Northwest Quarter (E'/z of NW 1/4 ) and That part of the West Half of the Northeast Quarter (W 1/2 of NE 1/4) that lies west of the Centerline of U.S. Highway No. 169; all in Section Twenty-two (22), Township Thirty-three (33), Range Twenty-six (26), in Sherburne County, Minnesota. The West Half of the Northwest Quarter (W 1/2 of NW 1/4) of Section Twenty-two (22), Township Thirty-three (33), Range Twenty-six (26) of the County of Sherburne, State of Minnesota. The East Half of the Northeast Quarter of Section 21, Township 33, Range 26, except the North 565.71 feet of the East 385 feet, according to the United States Government Survey thereof. South 320.71 feet of North 565.71 feet of East 385 feet of Northeast Quarter of Northeast Quarter of Section 21, Township 33, Range 26, Sherburne County, Minnesota; Parcel 1: That part of the West half of Section 16, Township 33, Range 26, lying South of the Centerline of County Trunk Highway 33, except that part lying West of the Easterly Right of Way line of the railroad. Parcel 2: The Northwest 1/4, except that part lying West of the Railroad; the West 1/z of the Northeast 1/4; and the Northwest 1/4 of the Southwest 1/4; the Northwest 1/4 of the Southeast 1/4 and the Northeast 1/4 of the Southwest 1/4, all in Section 21, Township 33, Range 26, according to the United States Government Survey thereof, Sherburne County, Minnesota. EXCEPT The South 700.00 feet of the Northwest Quarter of the Southeast Quarter of Section 21, Township 33, Range 26, Sherburne County, Minnesota. Also the South 700.00 feet of the Northeast Quarter of the Southwest Quarter of said Section 21, except the West 65.00 feet thereof. Also that part of the West 65.00 feet of said Northeast Quarter of the Southwest Quarter and that part of the Northwest Quarter of said Southwest Quarter which lies Southwesterly of a line to be hereinafter referred to as "Line A" and described as follows: Line A Beginning at the intersection of the East line of said West 65.00 feet of the Northeast Quarter of the Southwest Quarter and the North line of said South 700.00 feet of the Northeast Quarter of the Southwest Quarter; thence North 53 degrees 33 minutes 47 seconds West, assuming said North line of the South 700.00 feet of the Northeast Quarter of the Southwest Quarter bears North 89 degrees 20 minutes 04 seconds East, a distance of 1637.73 feet to the intersection with the Easterly right-of-way line of the discontinued Burlington Railroad (formerly known as Great Northern Railroad) and there terminating. Also, that part of the Southwest Quarter of the Northwest Quarter of said Section 21, which lies Easterly of said Easterly right-of-way line of the discontinued Burlington Northern Railroad and which lies Southwesterly of said above referenced "LineA". Parcel 5: The Southwest Quarter of the Southeast Quarter, Section 16, Township 33, Range 26, Sherburne County, Minnesota, lying South of County Trunk Highway 33. Except That part of the West Half of the Northeast Quarter of Section 22, Township 33 North, Range 26 West, shown as Parcel 313 on Minnesota Department of Transportation Right of Way Plat Numbered 71-21 as the same is on file and of record in the office of the County Recorder in and for Sherburne County, Minnesota; Also Except That part of the North Half of Section 22, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at a point on the south line of said North Half distant 2046.43 feet easterly along said south line from the southwest corner of said North Half; thence North 0 degrees 38 minutes 05 seconds West, assumed bearing, perpendicular to said south line 765.00 feet; thence North 89 degrees 21 minutes 55 seconds East parallel with said south line 878.34 feet to the intersection with the westerly line of U.S. Highway No. 169; thence South 4 degrees 13 minutes 36 seconds West along said westerly line 767.76 feet to its intersection with said south line; thence South 89 degrees 21 minutes 55 seconds West along said south line 813.27 feet to the point of beginning. Subject to easements of record, if any. Also Except That part of the East Half of the Northwest Quarter, Section 22, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at a point on the South line of the North Half of Section 22 distant 2046.43 feet Easterly along said South line from the Southwest corner of said North Half ; thence North 0 degrees 38 minutes 05 seconds West, assumed bearing, perpendicular to said South line 765.00 feet; thence South 89 degrees 21 minutes 55 seconds West, parallel with said South line, 710.76 feet, to the West line of said East Half of the Northwest Quarter; thence South 0 degrees 21 minutes 00 seconds West, along said West line, 765.11 feet, to the Southwest corner of said East Half of the Northwest Quarter; thence North 89 degrees 21 minutes 55 seconds East, along said South line, 723.91 feet to the point of beginning. STATE OF MINNESOTA COUNTY OF CITY OF ELK RIVER In the matter of: Tiller Corporation Office of the County Recorder Sherburne County, MN Doc. No. 668970 Certified filed and/or recorded on 03-13-2008 at 09:00 c Ashe, County Recorder g eputy Fee'. $ 46.00 1111111111 666970 CITY OF ELK RIVER CITY COUNCIL CONDITIONAL USE PROCEEDINGS Request: Amend Hours of Operation for Existing Conditional Use Permit for Mineral Excavation, Case No. CU 07-08 ORDER GRANTING CONDITIONAL USE Tiller Corporation, Owner The above entitled matter came to be heard before the City Council on the 19th day of March, 2007, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: See Attached Agreement for Issuance of a Conditional Use Permit for Mineral Excavation IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: See attached Agreement for Issuance of a Conditional Use Permit for Mineral Excavation DATED this 19th day of March, 2007. STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. U� lm�'A jetgnyBarqXaTt Planning Manager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River, �esota, m the County of Sherburne, in the City of Elk River, on the ,d day of l .2008. City of Elk River Elk River, Minnesota 55330 Signed before me a NOTARY PUBLIC /6 this /0 day of 12008. 1 C DEBORAH KAY HUES NOTARY PUBLIC - MINNESOTA My Canmissm Expires Jan. 31, 2010 SAPLANNING W IN\Case Files\CUP\CU 07-08 TilleARecording doc.doc CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this � day of 2008, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and Tiller Corporation, a Minnesota corporation, hereinafter referred to as (Operator); WITNESSETH WHEREAS, Operator has made application to City for approval of a conditional use permit to operate a gravel mining operation within the City on property legally described as follows: The North 1/2 of Section 22 West of Trunk Highway 169, and the North 1/2 of Section 21 East of RR ROW and South and East of Woodland Trails Park, and the North Y2 of the Northwest 1/ of the Southeast 1/ Section 21, and the North Y2 of the Northeast 1/ of the Southwest 1/ of Section 21 and the Southwest 1/ of Section 16 East of the RR ROW and Woodland Trails park and South of County Highway 33, all in Township 33 North, Range 26 West, Sherburne County, Minnesota. (the Property); and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operator's request for a conditional use permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard on the application; and WHEREAS, the City Council by motion adopted on this 19th day of March, 2007, an amended conditional use permit for the operation of a gravel mining operation (the Operation) on the Property, subject to certain conditions, including that Operator enter into a conditional use permit agreement with City so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable ordinances; and Page 2 WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be issued and that a conditional use permit agreement for mineral excavation be entered into. NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Entire Agreement- Except as otherwise provided herein, this Agreement shall constitute the Conditional Use Permit for the Property and, to be executed by City and Operator, shall govern the parties' rights, responsibilities, and obligations with respect to the operation, subject to the compliance by all parties with applicable city ordinances and state and federal laws. 2.) Warranty of Operator- Operator hereby warrants and represents to the City, as inducement to the City's entering into this agreement, that the Operator is the fee owner of the subject property or has a valid lease for the operation and the fee owner of the subject property shall also enter into this agreement. 3.) Conditions- The following general conditions shall apply to the Operation: (01) This Conditional Use Permit authorizes mineral excavation (gravel) from the Property. (02) All mineral excavation and processing operations on the property shall comply with the City's Mineral Excavation, Zoning and other applicable ordinances; with the terms of this Conditional Use Permit agreement and the license agreement to be executed by the City and Operator; with the City of Elk River's Environmental Impact Statement on Mineral Excavation; and with the application materials and plans submitted by the Operator, which plans and materials are the basis for the City's approval of the Conditional Use Permit. (03) The Operator shall orally notify the City of any violations of this permit within 24 hours and follow this with notification in writing within four (4) working days of the violation. The Operator shall notify the City annually in writing of the total area and amount of material mined and projected estimates of area and amount of material to be mined in the following year. This is to be done at time of license renewal. s:\planning\case Sles\cup\cu 07-08 tiller\gravcup.doc Page 3 (04) The license shall be renewed annually and shall run from June 1st through May 318t. The annual license fee is that which is specified by the Elk River City Council at time of renewal. This license fee is not in lieu of gravel tax collected by the County, a portion of which the City receives. (05) Violations of this Conditional Use Permit may result in suspension or revocation. (06) The City Environmental Administrator and/or his/her agents shall be permitted to inspect the Operation for compliance with the conditions of this permit during normal hours of operation. (07) The City's approval of this Conditional Use Permit is subject to the approval of appropriate permits by other governmental agencies. (08) No explosives shall be allowed for this operation. (09) Any areas where obvious danger to the public exists shall be controlled by a four -foot -tall fence with support posts every ten feet. (10) Reclamation a. Reclamation shall be implemented on an annual basis pursuant to the reclamation plans submitted by the Operator. b. Each year a plan for that year's reclamation shall be approved by the Environmental Administrator prior to issuance of the mineral excavation license. C. A $5,000 letter of credit, bond or other deposit approved by staff shall be required prior to the issuance of the annual license to cover the forth coming year's reclamation. d. The reclamation shall include topsoil from the site being preserved and put back into place after mining. e. The vegetation established for reclamation must be maintained until it is self-sufficient. f. Contours, finished grades, details of erosion control methods, and settling ponds, shall comply substantially s:\planning\case files\cup\cu 07-08 tiller\gravcup.dm Page 4 with the plans submitted and the City ordinance at the time of reclamation. (11) Groundwater protection measures shall include: a. Extraction and crushing operations shall be maintained at a minimum of 4 feet above the water table. Approval to excavate deeper shall require an amendment to this Conditional Use Permit. b. The Operator shall file with the City an Emergency Spill Response Plan. The Operator shall adhere to these plans in the event there is a spill. C. The Operator shall provide the Fire Department with a copy of their flammable or hazardous materials. d. Fuel tanks shall be above ground, properly diked (if required by law), and registered with MPCA. e. All instances that have the potential to adversely affect groundwater, including, but not limited to spills, shall be verbally reported to the City within 24 hours. This verbal notification shall be followed up in writing within four (4) working days. f. Appropriate Water Appropriation Permit (s) from the Department of Natural Resources (DNR) must be obtained. g. Water level monitoring and water quality monitoring shall be conducted pursuant to the consultant's recommendations. h. Water usage by mining activities shall not adversely affect adjacent residential wells. Mitigation measures may include, but are not limited to, curtailing of pumping activities until water levels return. i. If it is proven by the City or the DNR, that the mining activities have had a negative affect on adjacent wells that will require remedial actions, it is the responsibility of Operator to take the remedial action within thirty (30) days necessary to correct the situation and pay for both the remedial action and the City's cost for investigation. s:\planning\case files\cup\cu 07-08 tiller\gravcup.doc Page 5 j. Routine vehicle maintenance shall be performed using Best Management Practices (BMPs). A hazardous waste license through the MPCA will be required as deemed necessary. All waste fluids will be contained, cleaned up, and recycled or disposed of according to appropriate MPCA regulations. Spills must be reported to the State Duty Officer as required. (12) Wetlands a. All wetland impacts must be reviewed under the criteria of the Wetland Conservation Act (WCA). b. All storm water associated with mining activities must receive pre-treatment (where necessary) prior to release to natural wetlands or off-site. C. Best management practices will be used to protect natural wetlands. d. Mining activities shall be adjusted as necessary to avoid negative affects on wetlands, including a decrease in water levels. (13) Oakwilt Cutting of trees between April 15 and July 15 is prohibited. The Operator shall take other measures deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15th, not leaving roots exposed and avoiding mechanical damage on remaining trees. (14) Dust Control a. A permit from MPCA regarding air emissions shall be obtained and particulate emission standards shall be met by the Operation. b. All equipment shall be located as to reduce dust to adjacent residential properties. C. Water, but no chemical agents, shall be used to control dust as necessary. s:\planning\case files\cup\cu 07-08 tiller\gravcup.doc Page 6 d. The City reserves the right to require additional measures to be taken if warranted by dust problems including, but not limited to, reducing stock pile heights. (15) Traffic a. All traffic associated with the operation shall only use County Road 33 back and forth to U.S. Highway 169. Except for localized jobs, no traffic from this operation shall use Proctor Avenue or County Road 33 to the west of the site. Operator shall post notice of these requirements at the exit from their site. Failure to control traffic from this Operation shall constitute a violation of this Conditional Use Permit. b. The location of the access to the site shall be determined by the Sherburne County Engineer. An access permit from Sherburne County may be required of the operator. (16) Wash water used in the operation shall be recycled in a two - pond system allowing for sedimentation. (17) Noise a. Noise from screening and crushing associated with this operation shall be controlled by location on the site, the placement of stockpiles, type of equipment and ultimately by placing them in soundproof buildings, if necessary as determined by staff. b. Microwave back-up alarms or equivalent alternative technology shall be used as determined necessary by staff. C. A turnaround will be provided within the pit so that trucks not equipped with microwave back-up alarms will not need to back-up. I The state's noise level standards for daytime and nighttime hours must be adhered to. e. A noise assessment must be completed after sixty (60) days of operation in the 2007 season and at other times as deemed necessary. s:\planning\case files\cup\cu 07-08 tiller\gravcup.doc Page 7 (18) Hours of Operation. All mineral excavation and processing activities shall be conducted between the hours of 4:OOAM and 6:OOPM, Monday through Friday from mid-March (weather permitting) thru mid-July unless prior approval is given by the Environmental Administrator and/or his/her agents. Trucking operations shall be conducted between the hours of 7:00 AM and 7:00 PM, Monday through Saturday unless prior approval is given by the Environmental Administrator and/or his/her agents. (19) Lightine. Lighting from the operation shall be directed away from public right-of-way and nearby or adjacent residential property. Glare, whether directed or reflected as different from general illumination, shall not be visible from beyond the limits of the immediate site. All sources of artificial lights shall be so fixed, directed, designed, or sized, that the minimum subtotal of their illumination shall not increase the level of the illumination on any nearby residential property for more than .1 foot candles in or within 25 feet of a dwelling or more than .5 foot candles on any part of the property. (20) The piling, storing or keeping of old machinery, junk, debris, or abandoned motor vehicles, shall be prohibited on the site. (21) Mining activities shall not cause excessive vibration off-site. (22) Mechanism for responding to complaints. a. Representatives of the Operation shall make themselves available to address complaints. A plan to deal with the complaint shall be developed and implemented. Operator will also follow up with the complainant and all appropriate documents copied to the City within one (1) week. 4.) General Provisions - (01) Permits - Operator agrees to comply with all of the provisions hereof and agrees to save and hold the city harmless from any and all claims or actions arising from the operations of the Operator on the Property. (02) Binding Effect - The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, s:\planning\ease files\cup\cu 07-08 tiller\gravcup.doc Page S successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants running with the land. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid by the Operator. (03) Severable - In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect any respect whatsoever the validity of the remainder of this Agreement. (04) Waiver - Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (05) Notices - All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River ATTN: City Environmental Admin. 13065 Orono Parkway Elk River, MN 55330 If to the Operator at: Tiller Corporation 7200 Hemlock Lane, Suite 200 Maple Grove, MN 55311 (06) Incorporation by Reference- All plans, special provisions, proposals and specifications, submitted pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. s:\planning\case files\cup\cu 07-08 tiller\gravcup.doc Page 9 IN WITNESS WHEREOF, the. City,and Operator have caused this Agreement to be duly executed on the day and year first above written. CITY OF ELK RIVER OPERATOR: TILLER COMPANY s:\planning\case files\cup\cu 07-08 tiller\gravcup.doc Page 10 STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this 22nd day of January, 2008, by Stephanie A. Klinzing, the Mayor of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE 0DEBORAH KAY HUEBNER NOTARY PUBLIC -MINNESOTA My Cor son 6pires Jan 2010 The foregoing instrument was acknowledged before me this 22nd day of January, 2008, by Lori Johnson, City Administrator of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. STATE OF MINNESOTA q COUNTY OF IzNnJ4-Pr #- Notary Public tII.Il1 1 The foregoing instrument was acknowl dged before me this day of J, 2008, by -55Th/ ,the V/ of Tiller Corporation, a Minnesota corporation, on behalf of the corporation, fee owner of a portion of the subject property and Operator on the subject property. This instrument was drafted by: City of Elk River Environmental Dept. 13065 Orono Parkway Elk River, MN 55330 s:\planning main\case files\cup\cu 07-08 tiller\gravcup.doc i R19 ' 0-0! MARGARET A. :BLAZEVIC NOTARY PUBLIC - ESOTAMy Commission ExDim1, 2010 • -7,(P. 0-7-1t7- i_7 CGAI Request for Action To Item Number and City Council 17.6 -Mayor Agenda Section Meeting Date Prepared by Public Hearings July 17, 2017 BrieAnna Simon, Planner Amanda Bednar, Environmental Coordinator Item Description Reviewed by Conditional Use Permit: Tiller Corporation Zack Carlton, Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit (CUP) authorizing extended hours of operations, with the following conditions: 1. If the proposed site improvements described in the application and CUP have not been substantially completed within two years of the permit's date of approval, the permit shall expire and become void. 2. The CUP shall expire if the authorized use ceases for more than six months. Failure to obtain an annual license will be evidence of cessation of use. 3. The applicant must apply for and receive approval of all required permits before any construction •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 evaluated at the time of annual license renewal and shall be installed when directed by the city to protect surrounding land uses. 6. All activities on the site shall be conducted in a manner that is consistent with operating permits issued by the city, county, state, federal and other agencies. A copy of any and all permits related to the operation of the site shall be submitted to the city for their reference. 7. Hours of operation are 4 a.m. until 10 p.m. Monday -Friday and 7 a.m. to 7 p.m. on Saturday. 8. Trucking and hauling shall be allowed between the hours of 6 a.m. and 7 p.m. Monday -Saturday. 9. A reclamation plan for the property as described in Exhibit 1 of the Tiller Application dated May 2017 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 plans for this site. 10. All conditions from the previous CUP (CU 07-08) Recording Number 668970 approved on May 10, 2008, need to be met. Background/Discussion Case No. CU 17-14 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 asphalt reclamation. Materials suitable for I R N E R E R 1 1 NATURE reclamation will also be blended onsite with excavated aggregates. The applicant has previously received a CUP for this location. IJ ours of QVperation Currently, `Tiller operates their loading and trucking hours from 7 a.m. to 7 p.m. Monday --Saturday. However, Tiller is looking to adjust their hours for loading and trucking on this site to be 6 a.ni. to 7 p.m. Monday -Saturday. AtI 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 will comply with the stricter night time standards during the period from 7 p.m. to 7 a.m. as defined by MN Rules Chapter 7030, Noise Pollution Control. Tiller has conducted sound level monitoring for all sites in 1' Ilk Rivet and has demonstrated the ability to comply with the nighttime noise standards. 1, his infort-nation has been received by the City of F.Ilk River as part of their annual Mineral Excavation License application. Based on this information and monitoring of noise complaints from residents, staff recommends the approval of this request to extend hours of operations by one hour. Reclamation Plan The existing CUP requires reclamation to be implemented on an annual basis pursuant to the reclamation plans submitted by the operator and approved by the environmental coordinator. Staff 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 piece as the 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 the use at the proposed location: 1. W,'zll not endarger, irilim or dety-iwentabl,, qflcf the use and er7j®ymenl of otberpropeily in the ikniediate ricinly or the public health, sqfiyy, niorals, corgiIbrl, convenience or general welfare u/ the neghborlqood or the eity. The proposed use will not detrimentally affect nearby property as the use fits with the intended use 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 NIN Rules Chapter 7030, Noise Pollution Control for all sites during all operating hours. 2. tFillbe(,,otisiste,,iiii.,ill)the copapi-cbenst'l)eplan. The use is consistent with the comprehensive plan. The proposed use fits the mineral excavation guidance for the property through the Gravel Mine Area Study completed in 2014. 3. WIN not i;,Npede the nomlal and orderly dey)elopvienl and hliproivlvent qfsurroundhng racanlpmberty. The proposed use will not affect the surrounding Commercial Reset ve Transition (zoning district) and Development Reserve (Lind use). This area of 1Jlk River and the surrounding Livonia Township land is largely used for gravel tnininR and landfill operations. 4. fVillbesenedadequately l)yand will noladversely q#e6-tessential public, latifilies and services including streets, police andprolection, draina fire e, refuse disposal, mater and server !yslems, parks and fchoolf; and )v ll not, in parliculat; create traffic congestion or inlerftena, with traffic on at#acenl and neighboring public 1horoit ,gl!fimrs. N:\I)cpartiiietit.\("otiiniiiiiitw, I)er-eloprneiit\lllatiiiiiig\(:a,,c FiIcsVAJPVJJ 17-14TiIIer\5-Cit), Council\T6-sr(Al 17-14TflIVrdocX 1"he facility will not be, served by city services and there does not appear to be any other potential impacts to public facilities or services. Baldwin St. NW and 225"' Avenue NW are currently used for gravel mine hauling from neighboring operations. This operation will meet road restriction rules. 5. [Vill not ini)ohe uses, activities, processes, iz?alerials, equz�fflenl and conditions ol'operalion that ivill be detrimental to any persons or pr because qI-ex-cessive Irql1k, noise, .Hoke, fimesghvr, odors, dust or vibrations. This proposal underwent an I.,.nvironmental Assessment Worksheet (EAV/) with the City of Elk River to determine the potential environmental effects of the oeration. The city determined that the P proposed operation would not result in non -reclaimable environmental degradation. The conditions outlined in this GLIP are in place to minimize the effects of noise, odors, and dust that are common for gravel mine operations. 6. 11; ill nol result in the desimclion, loss or dai)Va'Oe q1'a natural, scenic or bisloiicfialure qfflyajor ibnporlance. This proposal underwent an EAW with the City of Ellk 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 reclarnation 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 EIAW process. 7. W1 illfully comply wilb all other requirementf, of this Code, inciudinA aqy a pplit'able i-equirenlents rand ,S'1andards.1br The issnance of license or permit to establish and operate the proposed ase in the city. The applicant is required to comply with all other sections of the code and must apply for all required building permits in addition to the Conditional Use Permit. The proposed use will comply with MN Rules Chapter 7030, Noise Pollution C.ontrol 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 comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Planning Commission Meeting Christina Morrison of Tiller Corporation was present and stated they are aware of and have no concerns with the above conditions. No one else spoke for or against the request and staff has not received any additional comments from the public. The planning)- Commission unanimously recommended approval. Location Map Application for Amendment to CUP for Mineral E'xcavation dated May 2017 Previous recorded document (CU 07-08) h&OJJ P\ Ct I 17-14Ti11cr\5-CAty Couna1\7.6_sr CU 17..x4` iller docx