5.3 ITEM # 5.3.
( � MEMORANDUM
ity of TO: PLANNING COMMISSION
Jlk/ STEPHEN ROHLF, BUILDING AND
Rover FROM: ZONING ADMINISTRATOR
DATE: APRIL 25, 2000
SUBJECT: CONDITIONAL USE PERMIT TO
ALLOW MINERAL EXCAVATION BY
RYAN CONTRACTING CO.
CASE # CU 00-9
REQUEST
Ryan Contracting Co., on behalf of the property owner Matt Fisher of Fisher Sand &
Aggregate, is requesting a conditional use permit to mine nonmetallic material from the
subject site. This request meets the city definition for mineral excavation and is,
therefore, regulated under the city's Mineral Excavation Ordinance and the conditional
use permit process is required. A zone change to the Mineral Excavation Overlay
District and a yearly Mineral Excavation License are not required under an exception to
the Mineral Excavation Ordinance (Section 720.04) because the excavation is proposed
to be completed within two years.
• The petitioner is proposing to remove approximately 150,000 cubic yards of fill material
from the site. An additional 18,000 cubic yards of over burden will need to be moved on •
site to accomplish this. The area disturbed by the operation is estimated to be
approximately 12.5 acres.
ATTACHMENTS
• Vicinity map of the subject property
• Legal description of the subject property
• A letter from Tyler Enright of Ryan Contracting Co.
• Site plan of the proposed operation
REVIEW
EAW - Minnesota Rules 1995, 4410.4300—A mandatory Environmental Assessment
Worksheet (EAW) is not required for this request. A discretionary EAW (MN Rule
4410.4500) can be ordered by the Regulating Governmental Unit(RGU), if they
determine the nature or location of the proposed project may have the potential for
significant environmental effects. The Elk River City Council is the RGU for this
project. This project is located outside of the area that was included in the city's
Environmental Impact Statement on Mineral Excavation.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612)441-7420 • Fax: (612)441-7425
Biological Survey - A review of the DNR Minnesota Biological Survey did not indicate
any Natural Communities or Rare Species on the subject property.
• Archaeological or Historic Resources - When the city did the EAW for the Tyler Street
Extension, the State Historic Preservation Office (SHPO) indicated that they believe there
is a good probability that unreported archaeological properties may be present within the
urban service area associated with this road corridor, especially on sites that have not
been previously disturbed. The site involved in this request is within the area of concern
and has not been previously disturbed. Staff is not recommending that an archaeological
survey be conducted on this site at this time, however, staff has asked SHPO for their
opinion on whether or not one should be conducted. Hopefully their response will be
received prior to the Planning Commission meeting.
Farmland -No prime farmland, farmland of statewide significance, or farmland of local
importance has been identified on the site in question.
Wetlands—The US Fish and Wildlife"Wetland Inventory Map" indicates that a wetland
exists on this site, however non have been identified by the petitioner. Staff recommends
that the petitioner provide a wetland site assessment for the property from a qualified
party.
Power Line Easement—The plan as submitted shows mining activities encroaching into
the easement for a main electrical transmission line. The Mineral Excavation Ordinance
requires a five foot setback from such easements, however, the city has made exceptions
to this in the past with restrictions as set by the owner of the power line. This particular
power line is owned by the City of Hutchinson. Staff recommends that the petition either
acquire permission in writing from the Hutchinson Utilities, which spells out the
restrictions and conditions for work within the easement, or submits revised plans which
don't include work in the easement. The contact for Hutchinson is Don Nelson, Manager
of Electrical Division(320) 587-4746.
Setbacks—The current plan shows mining activities right up to the property line in
several locations. Staff recommends that the plans be revised to incorporate a setback of
fifty feet or more form the property lines, as required by City Code.
Haul Route—It has been indicated to staff that the material excavated from this site will
be used as general fill at the WalMart site,just north of this parcel, but on the opposite
side of Tyler Street. Staff is recommending that Tyler Street not be used as the haul route
from this mine, but that the petitioner is allowed to cross Tyler Street to gain access to the
WalMart site. Staff further recommends that on-road trucks be required to cross Tyler
Street once curb for that road has been installed. Lastly, due to safety concerns regarding
gravel trucks crossing a collector street at an uncontrolled location, staff recommends that
hauling material from the site cease altogether, once Tyler Street is operational and open
to the public.
•
Slopes—Slopes during operations, other than the working face, shall be no steeper than 1
foot horizontal to 1 foot vertical, except that adjacent to roadways, other rights-of-way,
Sand water bodies slopes shall be a maximum of 4 feet horizontal to 1 foot vertical.
Slopes steeper than 11/2 feet horizontal to 1 foot vertical and other areas that pose a danger
to the public shall be controlled by a four foot tall fence.
Reclamation—The plan provided indicates that the rehabilitation of this site will be its
development into single-family houses. The property is currently zoned correctly for this
end use. However, the city's acceptance of this rough plan does not constitute an
approval of the proposed single-family layout, which will be looked at during the platting
process in much more detail. This final end use of this property might not happen for
quite some time in the future.
The interim reclamation of the site is the restoration of the topsoil, seeding and mulching.
Since the type of seed is not indicated in the plans, it is recommended that staff approve
the seed mixture when one is proposed. The vegetation on the site shall also be cared for
(watered, etc.) until it is self-sufficient. All slopes after reclamation shall be a maximum
of 4 feet horizontal to 1 foot vertical.
Staff recommends that the site is fully restored, including but not limited to final grade,
erosion control, seed and mulch by November 15, 2000.
Letter of Credit—Staff is recommending that the petitioner provide a$25,000 letter of
credit in favor of the city to cover potential costs for the repair of public roads and the
. rehabilitation of the site, in the event the petitioner fails to do so. Once city staff has
approved the restoration, the letter of credit may be released.
Hours of Operation— Staff recommends that this operation be conducted during the
normal hours of operation for a project of this nature, 7:00 a.m. to 7:00 p.m. Monday
through Saturday.
Dust and Erosion Control—Silt fence shall be installed as shown on the plans provided,
around wetlands on the site, and elsewhere as determined necessary by staff. As needed,
water, not chemicals, shall be used to control dust from the operation. Staff recommends
that the city reserve the right to require additional measures to control dust and erosion on
the sight as needed.
Oak Wilt—The area surrounding the proposed excavation is forested with oaks. Staff
recommends that no trees on the site be cut between April 15 to July 15 to avoid the
spread of oak wilt, unless a specific plan for the removal of trees is approved by Tim
Edgerton, Sherburne County Forester. Further, trees that are to remain on the sight after
excavation activities are concluded shall be clearly mark and protected from mechanical
damage due to the operation, included their root systems.
Gravel Tax—It is staff's interpretation that this operation is subject to gravel tax. Staff
recommends that the petitioner be required to set up an accounting system with the
Sherburne County Auditor Office for the payment of this tax.
•
. RECOMMENDATION
Staff is recommending denial of the request for mineral excavation by Ryan
Contracting Co. due to incomplete plans and inconsistencies with the City Code of
Ordinances. If the petitioner chooses to revise their plans so they are consistent
with the City Code and provides the other details needed, staff recommends this
issue be tabled until the revised plans can be reviewed.
III
•
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City of MAP
* Elk' River ,
13065 Orono Parkway • P.O. Box 490 CASE: CU 00-9
Elk River, MN 55330
/
MAR. -lb UU (THU) 10 .29 NRUBE ENUINEERINti UU 1 ILL: bl2 432 3i23 P. 002
\ ..,W:-.. File No. 43789C
fCommonwealth
ii.• COMMOWEALTH LAND TITLE INSURANCE COMPANY Reissue No. 1
N
Schedule A-4—A
•
Th outhwest Quarter of the Northwest Quarter (SW'/4 of NW %) of Section Two (2), Township
Th -two (32), Range Twenty-six (26), Sherburne County, Minnesota,
The Southeast Quarter of the Northwest Quarter of Secti 2, Township 32 North, Range 26 West,
Sherburne County, Minnesota, EXCEPT that part thereo escribed as follows:
Commencing at the Northeast corner of said Southeast uarter of the Northwest Quarter; thence on an
assumed bearing of South 1 degree 17 minutes 13 seco s West, along the Fast line thereof, a distance
of 430.84 feet to the actual point of beginning of the 1 tb be described; thence North 88 degrees 42
minutes 47 seconds West a distance of 272.86 feet; th e Southwesterly a distance of 67.79 feet along a
<.nontangential curve concave to the Northwest having a radius of 330.00 feet, a central angle of 11
degrees 46 minutes 12 seconds and the chord of said curve bears South 58 degrees 17 minutes 28
seconds West; thence Southwesterly and Southerly a distance of 406.12 feet along a reverse curve
concave to the Southeast having a radius of 370;00#feet, a central angle of 62 degrees 53 minutes 21
seconds and the chord of said curve bears South 32 degrees 43 minutes 53 seconds West; thence South 1
degree 17 minutes 13 seconds West, tangent to said curve, a distance of 152.65 feet; thence Southerly,
Southeasterly and Easterly a distance of.269.78 feet along a tangential curve concave to the Northeast
having a radius of 170.00 feet and a central angle of 90 degrees 55 minutes 36 seconds; thence South 89
degrees 38 minutes 23 seconds East, tangent to said curve, a distance of 111.57 feet; thence Easterly and
. Southeasterly a distance of 69.74 feet along a tangential curve concave to the Southwest having a radius
of 105.00 feet and a central angle of 38 degrees 03 minutes 15 seconds; thence North 38 degrees 24
minutes 52 seconds East, not tangent to said curve, a distance of 218.84 feet; thence South 89 degrees 38
minutes 23 seconds Fast a distance of 49.54 feet to the East line of said Southeast Quarter of the
Northwest Quarter; thence North 1 degree 17 minus 13 seconds Fast, along said East line, a distance of
533.02 feet to the point of beginning.
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CONTRACTING CO.
DEVELOPING YOUR WORLD
Michele McPherson. Director of Planning
City of Elk River
13065 Orono Parkway
Elk River. MN. 55330
RE: Conditional Use Permit
Van Den Berg Property
Elk River. MN
Dear Mrs. McPherson.
As requested,please find enclosed revised plans detailing the work to be performed.
In addition, the purpose of the proposed use is to utilize the excess material on this site to construct
adjacent building and roadway projects. The use will be very simple. The topsoil will be stripped and
stockpiled. the excess material will then be excavated during normal business hours and hauled to the
adjacent properties. The topsoil will then be respread and seeded upon completion. We anticipate the
• schedule of our project will be completed by fall of 2001.
Additional information for your review;
1) There will be no material processing onsite
2) The average depth of topsoil is 8".
3) The average depth of overburden is 2'.
4) The water table is at a static elevation of 884.
Please review the following information and feel free to contact me anytime should you have any questions
and or concerns.
Res.: tf llly ub •itted,
Ry 'on act.'g Co.
V f4P
T, nrig. �.P.
•
8700 18th Avenue East Shakopee, Minnesota 55379 512-894-5200 Fax: 612-894-3207