3.6 ( *ITEM 3.6.
flokRiver
MEMORANDUM
TO: Planning Commission
FROM: Steven B. Ach, City Planner
DATE: October 22, 1996
SUBJECT: Preliminary Plat Request by the City
of Elk River, Public Hearing Case
No. P 96-12
The City of Elk River is in the process of preparing a preliminary plat for the
Cass property which was recently purchased for the development of athletic
fields as well as the opportunity to subdivide some residential lots. The
appropriate information has not been compiled yet to allow the Planning
Commission a review of this application. Therefore, it is requested that the
item be tabled until the November 26th Planning Commission meeting.
Recommendation
• It is recommended the Planning Commission postpone Case No. P 96-12 until
the November 22, 1996, Planning Commission meeting.
s:\planning\pc\p96-12.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
&/ `\ ITEM 6.1.
MEMORANDUM
it of
y � `} TO: PLANNING COMMISSION
Ylk ' •
River FROM: STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: OCTOBER 22, 1996
SUBJECT: CONDITIONAL USE PERMIT BY
SHIELY COMPANY FOR CONCRETE
PRODUCT PROCESSING/PH CU 96-24
REQUEST:
The Shiely Company is proposing to construct a temporary ready mix-plant
on property zoned I-2. Concrete product processing is a conditional use in the
I-2 Zone.
ATTACHMENTS:
• Vicinity/zoning map
• Plant diagram/picture
• • Site plan
• Review comments from City Engineer
• Draft conditional use permit
BACKGROUND:
The property owners, Julius and Marian Nemeth, will be the Lessor. Shiely
Company will be the Sublessor and Marshall Concrete Products, Inc. will be
the Lessee.
The ready-mix plant is proposed to be located in the southwest corner of the
Nemeth property. There is a current conditional use permit on the property
where the ready-mix plant is proposed that allows Elk River Bituminous to
mine gravel. Mr. Jerry Hicks, owner of Elk River Bituminous, is aware of
this current request. The ready-mix plant should not interfere with his
operation.
The Shiely Company has a conditional use permit that allows them to mine
the portion of the Nemeth property not covered under Elk River Bituminous'
permit. There is an existing temporary ready-mix plant on the north end of
the Nemeth property.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
REVIEW:
• Temporary: The word temporary refers more to the movable design of the
plant than to its expected life at this site. However, this use should be
compatible with this site and zoning for long term.
Traffic: The proposed ingress and egress to the plant is 213th Ave. to and
from US Highway 169. There are turnlanes both ways on Highway 169 and
213th Ave. is a county road appropriately designed for industrial traffic (see
City Engineer's attached memo)
Noise: As shown on the attached site plan the trucks using this plant will
drive in a circle avoiding the noise of trucks backing-up.
Hours: Staff is recommending normal operating hour from 7:00 AM to 7:00
PM Monday through Saturday with exceptions for special cases approved by
staff, if due cause is demonstrated and extra hours do not intrude on adjacent
residential uses.
Dust: Approximately the last 100 feet of drive leaving this site is asphalt.
This should help keep 213th Ave clean. Further, Marshall Concrete Products
will have to water the site or contract with Shiely to water as needed to
control dust. Because the plant is situated in a gravel mine that will
someday undergo reclamation, staff is not proposing any additional
• hardsurfacing.
Drainage: All storm water is contained on site.
Shop facilities: Shiely has made agreement arrangements for Marshall to
use their shop facilities on the east side of Highway 169. Staff reviews this
shop once a year as part of Shiely's gravel mining permit. All appropriate
disposal arrangements for waste have been made for this shop and they have
a hazardous waste generators license.
Storage: Marshall is requesting to store 250 units of specialty blocks on
premise for the convenience of their customers to finish a project when they
run short. This site shall not be used as a retail outlet for this product.
Environmental responsibility: According to the lease agreement for this
plant, Marshall has responsibility for any environmental damage caused by
their operation.
Signage: Staff recommends the plant be allowed signage as per the I-2 zone
and as a separate parcel.
•
s:\b&z\stever\marshall.doc
Screening: Marshall and Shiely have met with the adjacent property owners
(to the south) to address any concerns they may of had. It is mutually
agreeable to all concerned to have the screening for this project placed south
of 213th Ave. (on the residential properties). Having the screening close to
these homes blocks out more height, which is a concern because of the plant's
silo. Further, it is less likely that plantings on the south side of 213th Ave.
will be disturbed due to future reclamation.
Additional plantings to screen this operation from the Highway should not be
necessary. The elevation of the plant site is quit a bit lower than the
Highway and there is natural vegetation in place.
RECOMMENDATION:
Staff feels the proposed ready-mix plant meets the 7 standards setforth in
Section 900.42 of the City Code of Ordinances by which a conditional use
permit request. We are recommending approval of this request under the
conditions outlined in the attached conditional use permit.
•
•
s:\b&z\stever\marshall.doc
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i 1NEEILS
CONSULTING ENG
1326 Energy Park Drive
St.Paul,MN 55108 October 16, 1996
File: 230-000-00
612-644-4389
1-800-888-2923
Fax:612-644-9446 Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: SHIELY COMPANY'S CONDITIONAL USE PERMIT
Dear Mr. Rohlf:
CIVIL ENGINEERING:
ENVIRONMENTAL As requested, I have reviewed the traffic flow situation on 213th Avenue (County Road
MUNICIPAL 77) as it pertains to the Shiely Company's request for a Conditional Use Permit to install
WNNING a concrete batch plant. It is my understanding that this operation is expected to generate
O WASTE 100 trucks per day or, in other words, approximately 200 trips along County Road 77.
STRUCTURAL From my review of the situation, the access point is located sufficiently west of the
SURVEYING intersection with TH 169. The site distances at the access point appear to be adequate for
TRAFFIC the trips expected. The intersection of County Road 77 with TH 169 has the appropriate
TRANSPORTATION geometrics included in the design to handle this number of truck trips on a daily basis.
Therefore, from a traffic consideration, I see no problem with this proposal.
ELECTRICAL/MECHANICAL
ENGINEERING: If you need any additional information or have questions, please call.
HVAC
POWER DISTRIBUTION Sincerely,
SCADA
SYSTEM CONTROLS MSA, CONSULTING ENGINEERS
Terry J. aurer, P.E.
TJM:tw
000-1602.oct
OFFICES IN:
NNEAPOLIS
IOR LAKE
ST.PAUL
WASECA
An Equal Opportunity Employer
CITY OF ELK RIVER
• AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR
CONCRETE PRODUCT PROCESSING (READY-MIX PLANT)
THIS AGREEMENT, made and entered into this day of
, 1996, by and between the CITY OF ELK RIVER, a municipal
corporation organized under the laws of the State of Minnesota (City),
SHIELY COMPANY, a Minnesota corporation and Marshall Concrete
Products Inc, a Minnesota corporation (Collectively hereafter referred to as
the operators);
WITNESSETH:
WHEREAS, Operators have made application to City for approval of a
conditional use permit to operate a ready-mix operation within the City on
property legally described as follows:
The South Half of the Southwest Quarter (S 1/2 of SW 1/4) lying west
of U.S. Highway 169, except the west one thousand feet (1,000 ft.) of
• the south seven hundred feet (700 ft.) lying west of U.S. highway 169,
and except that part described as follows:
Commencing at the south 1/4 corner of said Section 10: thence westerly
along the south line of said Section 10 a distance of 360.00 feet, more
or less, to the intersection of said line with the centerline of Trunk
Highway No. 18; thence northwesterly along said centerline a distance
of 618.00 feet; thence deflect 83 degrees 40 minutes to the left for a
distance of 33.23 feet to the westerly right-of-way of said Trunk
Highway No. 18, said point of being the point of beginning of the tract
to be herein described; thence northerly along said westerly right-of-
way line 732.5 feet; thence southwesterly at an angle to the left 83
degrees 40 minutes a distance of 170.00 feet; thence deflecting to the
left at an angle of 96 degrees 20 minutes a distance of 732.5 feet;
thence deflecting to the left an angle of 83 degrees 40 minutes a
distance of 170.00 feet to the point of beginning.
ALL IN SECTION 10, TOWNSHIP 33, RANGE 26, SHERBURNE
COUNTY, MINNESOTA.
(the Property); and
•
• WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operators' 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 November 18, 1996,
approved a conditional use permit for the operation of a ready-mix plant (the
Operation) on the Property, subject to certain conditions, including that
Operators enter into a Conditional Use Permit Agreement with City so as to
fully comply with the City's Zoning and other applicable Ordinances; and
WHEREAS, the City's Zoning Ordinance requires that a Conditional
Use Permit be issued and that a Conditional Use Permit Agreement for
• concrete product processing 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
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 Operators- Operators hereby warrant and represent
to the City, as inducement to the City's entering into this agreement, that the
Operators are the fee owners for the Operation.
3.) Conditions- The following general conditions shall apply to the
Operation:
(01) This Conditional Use Permit authorizes Concrete Product
Processing (Ready-mix) on the Property.
(02) All concrete product processing operations on the property shall
• comply with the City's zoning and other applicable ordinances,
s:\b&z\stever\marshcup.doc Page 2
with the terms of this Conditional Use Permit agreement to be
• executed by the City and operators, and with the application
materials and plans submitted by the operators, which plans
and materials are the basis for the City's approval of the
Conditional Use Permit.
(03) The Operators shall orally notify the City of any violations of
this permit within 24 hours and follow this with notification in
writing within 4 working days of the violation.
(04) Violations of this Conditional Use Permit may result in
suspension or revocation.
(05) The City Building and Zoning 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.
(06) The City's approval of this Conditional Use Permit is subject to
the approval of appropriate permits by other governmental
agencies.
• (07) Routine vehicle maintenance shall be performed in a shop or on
a concrete slab. All waste fluids will be contained, cleaned up,
and recycled or disposed of according to appropriate MPCA
regulations. Leaks from emergency repairs down in the field
will be considered a spill.
(08)) Dust Control
a. Water, but no chemical agents unless approved by city
staff shall be used to control dust as necessary.
b. The City reserves the right to require additional
measures be taken if warranted by dust problems.
(09) Traffic
a. All traffic associated with the operation shall only use
213th Ave. back and forth to U.S. Highway 169, except for
localized jobs.
411
s:\b&z\stever\marshcup.doc Page 3
(10) Noise
• Noise levels from this operation shall adhere to State noise level
standards at all times. Necessary measures to comply with
these standards will be determined by staff.
(11) Hours of Operation
All activities shall normally be conducted between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Saturday. On
occasion, increased hours may be allowed for specialized jobs as
approved by the City Building and Zoning Administrator,
however, if these hours create problems for adjacent property
owners, staff may require adjustments to the operation. If
problems still persist, review of this permit will be triggered
back to the Planning Commission and City Council.
(12) Lighting
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.
(13) The piling, storing, or keeping of old machinery, junk, debris, or
abandoned motor vehicles, shall be prohibited on the site. The
storage of 250 units of specialty blocks shall be allowed on the
property.
(14) Signage for the operation shall be allowed as per the I-2 zone as
a separate parcel.
(15) The operation shall not interfere with future reclamation or
other restrictions placed on this site according to the existing
mineral excavation license on the property or the City's
Environmental Impact Statement on mineral excavation.
III (16) The operators shall be solely responsible for any adverse
environmental affects due to the operation.
s:\b&z\stover\marshcup.doc Page 4
General Provisions-
', (01) Permits- Operators agrees to comply with all of the provisions
g pY
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, 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 Operators.
(03) Severable- In the event that any portion of this Agreement shall
be held invalid for any reason, the same shall not affect in 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: Building and Zoning Administrator
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
If to the Operators at: Shiely Company
ATTN: Robert Bieraugel
2915 Waters Road
Egan, MN 55121
•
s:\b&z\stever\marshcup.doc Page 5
Marshall Concrete Products, Inc.
ID ATTN: Jay Miller
2610 Marshall Street Northeast
Minneapolis, MN 55418
(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.
IN WITNESS WHEREOF, the City and Operators have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ELK RIVER
By:
Its: Mayor
By:
IIIIts: City Administrator
OPERATORS:
Shiely Company
By:
Marshall Concrete Products Inc.
By:
FEE OWNERS OF PROPERTY:
By:
Ill By:
s:\b&z\stever\marshcup.doc Page 6
0 STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 1996, by Henry A. Duitsman, 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
The foregoing instrument was acknowledged before me this day of
, 1996, by Patrick D. Klaers, the City Administrator of
THE CITY OF ELK RIVER, a Minnesota municipal corporation, on
behalf of the corporation.
•
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 1996, by , the of
Shiely Company, a Minnesota corporation, on behalf of the corporation.
Notary Public
•
s:\b&z\stever\marshcup.doc Page 7
0 STATE OF MINNESOTA
ss. •
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , 1996, by , the of
Marshall Concrete Products Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this clay of
, 1996, by Marian Nemeth, the fee owner of subject property.
• Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1996, by Julius Nemeth, the fee owner of the subject property.
Notary Public
This instrument was drafted by: City of Elk River
Building and Zoning Department
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
•
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