5.1, 5.2 PCSR 08-22-1995 rQ ITEM 5.1. & 5.2.
MEMORANDUM
'ity of �lk • TO: Planning Commission
River FROM: Stephen Rohlf, Building and
Zoning Administrator
DATE: August 16, 1995 /L...
SUBJECT: Zone Change and Land Use
Change Request (A-1 to I-2) by
the Shiely Company Case No.
ZC 95-7 & LUA 95-7
Introduction
The Shiely Company is requesting a land use change from A/Agricultural to
MI/Medium Industrial and a zone change from A-1/Agricultural to
I-2/Medium Industrial on property legally described as follows:
The east half of the southwest quarter lying west of US Highway 169,
Section 10, Township 33, Range 26, Sherburne County; except a site
approximately 170 feet by 700 feet all on trunk Highway 169.
• A vicinity map of the property affected by these changes is attached.
The parcel described is owned by Julius Neimeth who has co-signed the zone
change application. There is approximately 10 acres in the southeast corner
of the parcel described that is currently leased by Elk River Bituminous and
is being run as a gravel mine. Mr. Neimeth and the Shiely Company should
be questioned on whether or not this area should be included in the request.
The Shiely Company is requesting this change to the land use and zoning on
this parcel to accommodate a concrete ready mix plant. Shiely explains their
request in the attached letter dated 7/27/95. The Elk River Code of
Ordinances allows concrete product processing as a permitted use in the I-2
zone.
Shiely Company has an existing conditional use permit for a gravel mine on
this parcel that will also need to be amended. The amendment to their
existing conditional use permit is on this same agenda.
Interpretation
• Section 900.12 (19), found starting on page 9.46 of the City Code of
Ordinances, defines the mineral excavation overlay zoning district. Under
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
8/16/95 Memo to Planning Page 2
Commission Continued
• the aforementioned section, subpart (B)(i) allows facilities related to mineral
excavation in the mineral excavation overlay district. For example, this is
the clause that allowed Barton Sand and Gravel to place a temporary asphalt
hot mix plant in their gravel pit.
Since concrete product processing was specifically identified under the I-2
zone in the City Code of Ordinances, staff interpreted a re-zoning to medium
industrial would be required to locate this ready mix plant on this parcel.
Shiely Company has indicated that the ready mix plant would be in this
location as long as the gravel mining was taking place here. They may wish
to question staffs interpretation on whether a re-zoning to I-2 is necessary or
just an amendment to their existing conditional use permit is required.
Summary
The Planning Commission is asked to consider the Shiely Company's request
to change the land use and zoning designation on this parcel from
agricultural to medium industrial. Section 900.44 titled "Amendment
Procedures" found on page 9.138 of the City Code of Ordinances, spells out
the procedure for considering this request. In simplified terms, the Planning
Commission must find one of the following in order to approve this request:
• 1. That the proposed request is consistent with the long range plan
for the city. Currently the long range plan shows the affected
parcel as agricultural. However, the parcel in question is
adjacent to an area designated medium industrial. The Steering
Committee for the city, charged with reviewing an update of the
comprehensive plan, has indicated that this area should remain
medium industrial. The parcel in question could be an
extension of this medium industrial area.
2. That the plan was an error when it was adopted and therefore
should be changed.
3. That circumstances have changed since the plan was adopted,
and a change is warranted.
The Planning Commission must also consider existing conditions within the
area directly and indirectly affected by the proposal, the conservation
property values, and the use to which the property affected is being devoted
at the time. The parcel in question is currently part of a gravel mining
operation with direct access to Trunk Highway 169, which includes an
acceleration and de-acceleration lane. It is unlikely that a ready mix plant in
III
this location would significantly alter this parcel.
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Shiely Company
2915 Waters Rd.,Suite 105
• Shiely Eagan,MN 55121
(612)683.0600
Fax(612)683-8108
vmwgpmmw
July 27, 1995
Mr. Stephen Rohlf
Zoning Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 55330
SUBJECT: Rezoning - Shiely/Nemeth Property - Section 10
Dear Mr. Rohlf:
Please consider this request for rezoning of a portion of the Julius Nemeth property in Section 10,
Elk River. We propose to rezone approximately 45 acres. Refer to the enclosed map for a
pictorial description of the proposed rezoning. The proposed rezoning will be an extension of the
• existing I2 zone to the south. The requested rezoning is for the purpose of allowing the operation
of a ready-mix concrete plant in close proximity to the existing sand and gravel wash plant. This
rezoning may be necessary if the "related facilities" which are allowed by Conditional Use Permit
in the ME zone do not include concrete ready-mix.
The rezoning of this property is appropriate, particularly during the term of operation of the
existing sand and gravel plant. Concrete ready-mix is a related use to sand and gravel mining and
is very dependent upon a supply of quality aggregates.
In general terms the co-location of supplier and product user makes very good economic, logistic
and land use planning sense. Economically the cost of the final product is kept down by
minimizing handling of component materials. Logistically co-location takes advantage of in place
infrastructure. For example: this proposed ready-mix plant will be able to use the existing
operational yard area; existing water supply; convenient supply of raw materials; the established
truck routes and traffic management components, both internal and external to this property.
From a land use planning perspective, the proposal is a good fit. It is very compatible with the
existing use of the property. It takes advantage of existing infrastructure and does not require
extension of more services. The proposed ready-mix plant will not increase the incompatibility of
this property with the residential neighbors. Operational hours are similar to the gravel mining.
The noise from this plant and trucks will not be discernable over the gravel wash plant and the
adjacent highway. The plant itself will have the necessary dust control. Road dust will be
• controlled by watering. The ready-mix plant will be located behind a 20 foot high berm and trees
Quality Construction Materials
• Mr. Stephen Rohlf
July 27, 1995
Page 2
will be planted to further screen it from view. The land use plan for this part of Elk River
prescribes sand and gravel mining and related uses for the next several decades.
Sincerel Air
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Obert H. Biera :el
Environmenta ' 'airs Manager
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