Loading...
6.7. PCSR 04-28-2020 C ity nr Elk = Request for Action Diver To Item Number Planning Commission 6.7 Agenda SectionMeeting Date Prepared by Public Hearings Aril 28, 2020 Zack Carlton,Planning Manager Item Description Reviewed by Knife River Corporation,North Central— 11650 Amanda Erickson, Environmental Coordinator 225th Ave NW Reviewed by ■ Conditional Use Permit to expand mineral Chris Leeseberg, Senior Planner extraction operations, Case No. CU 20-10 Action Requested Recommend,by motion, approval of the Conditional Use Permit with the following conditions: 1. Installation of a cattle grid device at the entrance/exit. 2. Staff approval of a maintenance agreement addressing street sweeping and concerns with maintenance of the public street. 3. Maintain yearly gravel mining license. 4. Follow all conditions of approval outlined in CU 09-14 and CU V 97-02. CR 33 a Background/Discussion The property is zoned Commercial Reserve Transition (CRT) and is included in the mineral extraction overlay district where gravel RR mining operations require a Conditional Use Permit (CUP). Hwy 10 ` The applicant is seeking a CUP to expand the boundaries of their cn iz J-- current __current mining operation. Knife River is currently mining the area directly east of the proposed expansion area. This area has been planned to be mined since adoption of the 1994 Environmental Impact Statement (EIS) that established the Mineral Extraction PP overlay district. .o x`69 Mining operations will occur from 7:00 a.m. to 7:00 p.m. Monday ` through Saturday. The asphalt plant may also be extended by the Figure I Environmental Coordinator for special cases. These are also outlined in their mining permit,which is reviewed by the city every year. Site plans include setbacks from Highway 169 and screening consistent with the standards outlined in city ordinances. Applicable Regulations In approving a Conditional Use Permit,the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards The Elk River Vision A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P D w E A E D D Y service, and community engagement that encourages and inspires prosperity ,g /` UR set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. mill not endanger, injure, or detrimentally affect the use and enjoyment of other propery in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral are of the neighborhood or the city. The area proposed to be included in the mining operations is surrounded by other mining operations on three sides and an existing residential use to the south. The use is consistent with the surrounding parcels and staff does not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the Comprehensive Plan. The subject parcel has a land use designation of Development Reserve and Mining. The use is consistent with the Comprehensive Plan and staff does not see a need to impose specific conditions to satisfy this standard. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. Mining uses are a temporary use and serve as a transitional use to future development in the area. Expanding the mining area to be consistent with adjacent parcels will facilitate a common development plan when mining operations cease. Staff does not see a need to impose specific conditions to satisfy this standard. 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, mater and server systems,parks and schoolr;and will not, in particular, create traffic congestion or interference nvith traffic on adjacent and neighboring public thoroughfares. Mining uses require significant truck traffic and the tracking of gravel/mud onto adjacent roadways. Staff had numerous complaints regarding the gravel on the roadway in front of this operation and met with the operator last year to address those concerns. Knife River expanded the paved area near their entrance to reduce tracking onto the roadways and increased the frequency of the street sweeping along 225`h Ave. However,long-term maintenance may be an issue. To address those concerns staff included two conditions: installation of a cattle grid device to knock gravel off tires,and approval of a maintenance agreement. 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. A gravel mining operation includes activities that will impact surrounding properties, but these have been reviewed as part of the 1994 EIS,the Comprehensive Plan, and previous mining permits. This is a relatively small expansion of an existing operation. Staff does not see a need to impose specific conditions to satisfy this standard. 6. mill not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. There are no natural, scenic, or historic feature of major importance on the property. Staff does not see a need to impose specific conditions to satisfy this standard. 7. mill fully coVynvitb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. The use 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 and operate the proposed use in the city. Staff does not see a need to impose specific conditions to satisfy this standard. 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. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on May 22, 2020. Council Meeting If acted on,this item will go to the May 18, 2020, City Council meeting. Attachments ■ Location Map ■ Applicant's Narrative ■ Site Plans L ol• 'r lm I d ti ti •�4' Lar•� t �� � � '. � � � � Syy .• f. 1 •s ., . . cm (� � /• r 411 f Ifi � - i +'P• ti r r i° �. 1 KN I FE RIVER AN MDU RESOURCES COMPANY 4787 Shadow Wood Dr.NE Sauk Rapids,MN 56379 (320)251-9472 (320)251-0011 FAX March 13, 2020 City of Elk River Ms. Amanda Erickson 13065 Orono Parkway Elk River, MN 55330 Re: E Toth Gravel Pit Expansion IUP Application (75-103-4200) Dear Ms. Erickson, Enclosed please find the following information pertaining to Knife River's request. Application Reouirements Each of the following applicable requirements (unless waived by staff) shall be submitted: ❑ Application Fee Attached ❑ Full legal description of the subject property in an editable Word format See Sec. 42-52. —Application ❑ A typewritten narrative (see Description of Project Narrative) See Description of Project Narrative attached ❑ Site Plan See attached mining maps ❑ Landscape Plan completed by registered landscape architect NA ❑ Utility Plan NA ❑ Grading/Drainage Plan See attached mining maps An Equal Opportunity Employer tl ❑ Drainage Calculations NA ❑ Floor Plans NA ❑ Signage—Location of walls signs and freestanding signs Knife River has an informational sign posted at the entrance of 225`h Avenue NW. ❑ Wetland Delineation (if wetlands are present) NA ❑ County Review Letter, if adjacent to county road NA ❑ All submitted documents shall be: o One (1) hard copy of all required drawings at a scale no smaller than V= 50', and no longer than 24"x36" o Two (2) sets of hard copies of all required drawings at 11"x17" o Provided in digital format (e.g. .pdf, .doc, .dwg) at a resolution of at least 300 dpi. Flash drives, CD's, and emails are acceptable. o Folded, rolled drawings will not be accepted. ❑ All other information as determined by city staff. Page 2 P:1Environment\MINNESOTA\Property-Owned\Ernie Toth1P&Z\E Toth Mining Expansion IUP Application 2020.docx Descri )tion of Pro'ect Narrative ® Detailed description/scope of project. • What is being proposed? Knife River is requesting to expand mining operations on parcel 75.103.4200. This parcel previously contained the farmstead including house, garage and barns. These structures have been demolished. Current mining is adjacent to this parcel and it would be efficient to proceed mining this parcel prior to continuing eastward. 8 How is the request consistent with City of Elk River Comprehensive Plan? The City of Elk River has planned for mining in the City for several years including the completion of an Environmental Impact Statement in 1994, and the creation of a Mineral Extraction Overlay District. The Comprehensive Plan states: The primary objective of this land use category is to allow the current mining use of the land and address future land use when development becomes appropriate. • Hours of Operation lam -7pm, Monday— Saturday, with the exception that the asphalt plant can be extended by the Environmental Administrator for special cases. Maintenance allowed after hours. • Number of Employees Approximately 2-3 employees work on site during mining operations. • Number of parking stalls, existing and additional The parking area for employees is contained on the site. After operations are shut down, trucks will be returning to our designated job site parking or returned to our designated office locations. Is there proposed screening of this site? Setbacks, berms and stockpiles will be placed between the equipment and property lines providing a screening barrier to the neighbors and traveling public. ■ Proposed building materials ■ How do they comply with applicable design standards? NA Signage—(at time of installation, a separate permit is required for each sign) There is an existing sign at the entrance of the site off 225'Avenue NW How many?NA Proposed sizes?NA Page 3 P:1Environment\MINNESOTA\Property-Owned\Ernie Toth1P&Z\E Toth Mining Expansion IUP Application 2020.docx ■ Locations?NA • What type?NA ■ Is there outdoor storage? ■ What is being stored? Gravel products (rock, sand, gravel) ■ How much? Volumes stored depends on projected demand and need during the construction season. ■ Proposed screening? Setbacks, berms and stockpiles will be placed between the equipment and property lines providing a screening barrier to the neighbors and traveling public. Page 4 P:\Environment\MINNESOTA\Property-Owned\Ernie Toth\P&Z\E Toth Mining Expansion IUP Application 2020.docx Sec. 42-52. - Application. (1)The correct legal description of the land upon which extraction is proposed. 75-103-4200 = That part of the E 1/2 of the SW 1/4 (E 1/2 SW 1/4) lying East of US Highway 169 in Section Three (3), Township Thirty-three (33), Range Twenty-six (26), Sherburne County, Minnesota, less and except that part of the Northeast Quart of the Southwest Quarter (NE 1/4 SW 1/4) of Section Three (3), Township Thirty-three (33), Range Twenty-six (26), East of Highway No. 169 and North of the centerline of township road, according to the United States Government Survey thereof and situated in Sherburne County, Minnesota. (2)The name and address of the applicant and the owner of the land. Knife River Corp —North Central 4787 Shadow Wood Drive NE Sauk Rapids, MN 56379 (3)The names and addresses of all adjacent landowners within a 350-foot radius as obtained from the records of the county auditor. See Application Attachment Sec. 42-53.3 (4) The purpose of the proposed extraction. The purpose of the extraction is to expand the gravel resource to provide aggregate materials for commercial or governmental purposes. (5)The estimated time required to complete the proposed extraction and rehabilitation. It is estimated parcel 75-103-4200 contains approximately 10 years of aggregate material. Rehabilitation will commence once material is exhausted. (6)The names of the highways, streets or other public roadways within the city upon which the material shall be transported. Except for localized jobs, traffic through Elk River shall be limited to TH 10 and TH 169. Haul trucks shall not be allowed to make right turns into 225th Avenue when exiting the property per CU-09-14 (10.A). See attached Haul Routes Through City map. (7) Specifications for the following using appropriate maps, photographs and surveys: a. The physical relationship of the proposed extraction site to the community and existing community development. Page 15 P:\Environment\MINNESOTA\Property-Owned\Ernie Toth\P&Z\E Toth Mining Expansion IUP Application 2020.docx The proposed area to be mined is located within the Mineral Extraction Overlay District. The underlying district is Commercial Reserve Transition. See attached Surrounding Land Use map showing Sherburne County land use/zoning information. b. Site analysis information such as trees, depth of topsoil, adjacent and on- site buildings and land uses, flood levels, watercourses, and elevation and percent slope within 100 feet beyond the perimeter of the site. The site is overlain with approximately 2 feet of topsoil which will be used to form berms around the mining area. There are some trees around the former farmstead site. Efforts will be made to leave trees adjacent to Highway 169 in place. The site is bounded to the north by 225'Avenue, to the west by Highway 169, to the south by Extreme Commercial Recreation, and existing Knife River owned mining area to the east. There are no watercourses on site. See the attached Mining Operations Plan for depictions of above and slopes beyond the perimeter of the site. c. The estimated quantity of materials to be extracted. It is estimated that there is 1,000,000 cubic yards of material in this parcel. d. The depth of water tables throughout the proposed extraction site. Based on surrounding well logs and on-site monitoring well, the groundwater elevation is approximately 950' msl. This is approximately 10 below the expected mine floor. e. The average thickness of overburden on the proposed extraction site. Based on exploratory borings on the parcel, there is approximately 12 inches of topsoil overburden overlaying the sand and gravel deposit. f. A detailed map of the highways, streets, roads or other public ways, and private easements or private property, upon and along which the material removed shall be transported (haul roads). The map shall identify all proposed haul roads from the proposed excavation site to the Elk River corporate limits. Page 6 P:\Environment\MINNESOTA\Property-Owned\Ernie Toth\P&Z\E Toth Mining Expansion IUP Application 2020.docx Except for localized jobs, traffic through Elk River associated with this operation shall be limited to TH 10 and TH 169. Haul trucks shall not be allowed to make right turns into 225th Avenue when exiting the property per CU-09-14 (10.A). See attached Haul Route Through City map. (8)The plan of operation, including processing, if any, the nature of the processing and equipment, location of the processing plant, source of water, disposal of water, reuse of water, and use of explosives. Mining/processing gravel includes the use of portable aggregate crushing equipment, screens, feeder, stacking conveyors, loaders and additional equipment needed at the time of processing. Knife River has been approved to mine into the water table and maintains a DNR Water Appropriations permit allowing withdrawal of up to 2.1 million gallons of water per year for sand and gravel washing activities. A recycling pond system is used to recycle wash water. This water is not discharged but allowed to infiltrate in accordance with MPCA NPDES/SDS Permit MNG490003. Knife River does not use explosives in our operations. See Mining Operations Plan for location of processing equipment. (9)Plans for drainage, wind and water erosion control, sedimentation and dust control, maintenance of security on the proposed extraction site, control of access to open extraction and control of weeds and unsightly vegetation. As part of our NPDES (stormwater)permit, all potential erosion will be managed through the construction of berms, including establishing vegetation on them with minimal disturbance of existing vegetation outside of the limits of operation. All drainage flows to the interior of the pit and infiltrates. Haul roads will be watered and if necessary, calcium chloride will be placed. Entrance on to 225th street will be swept if necessary. The access road to the pit is gated and locked when not attended. Berms and setbacks from public roads aid in securing the site. Knife River's weed control plan includes mechanical control methods to manage unwanted plant species. If needed chemical herbicides are used. Page 7 P:1Environment\MINNESOTA\Property-Owned\Ernie Toth1P&Z\E Toth Mining Expansion IUP Application 2020.docx (10) A comprehensive rehabilitation plan showing suitable provisions for rehabilitation of the excavated area to a useable condition compatible with the adjacent land such that it will not become a health or safety hazard or a nuisance. Such plan shall, at a minimum, include anticipated final elevations, slopes and plans for the return of vegetation, subsoil and topsoil. Where the council deems practical and necessary, such plan shall also include adjoining related areas where extractions have previously been made which remain under the control of the applicant or the owner of the land on which the extraction is proposed. Final restoration of the site will take place when the source has been depleted. As mining progresses, where appropriate, excess sand is used to create slopes along mining faces. Stored topsoil will be placed over the disturbed area to prior to seeding. Typical seed mix used is a pasture seed mix: MIMBACH HAY& PASTURE MIX LOT 11044 VARIETIES NOT STATED CONTENTS % GERM HS TOTAL ORIGIN TIMOTHY 39.86 90% 90% CANADA ALFALFA 29.86 82% 8% 90% ID RED CLGIVER 29.83 84% 6% 90% OR CROP.05% WEED.05% INERT.3576 TESTED 1-11 NET WT.50 LBS NOXIOUS WEED:NONE AMS#2352 NITRAGIN GOLD EXPIRES 1-12 (11) Evidence that access to and use of all haul roads will be safe and that the applicant has received approval by NMOT for access to and use of state highways, and approval by Sherburne County for access to and use of county roads. Evidence of a right to access and use any private property or easement required to access a public right-of-way or proposed haul road shall also be submitted with the application. Approval to access and use city streets as haul roads shall be at the discretion of the council and will be considered by the council with the application. Except for localized jobs, traffic through Elk River associated with this operation shall be limited to TH 10 and TH 169. Haul trucks shall not be allowed to make right turns into 225th Avenue when exiting the property per CU-09-14 (10.A). (12)Evidence satisfactory to the city that the property proposed to be licensed for mineral excavation does not include any wetlands. If the property does include wetlands, the applicant shall submit, with the application for a mineral excavation license and/or conditional use permit to allow mineral excavation, a wetland delineation map, wetland impact plan, wetland mitigation plan and such other information as is required pursuant to subsection 30-1851© of this Code. There are no wetlands on parcel 75-103-4200. Page 18 P:1Environment\MINNESOTA1Property-Owned\Ernie Toth1P&Z1E Toth Mining Expansion IUP Application 2020.docx Additional Information Portable satellites will be provided for employees on site with an independent contractor. Trash will be collected and contained in a suitable receptacle and hauled off site to an appropriate disposal site. Thank you and please feel free to contact me if you have any further questions or concerns at (320) 529-4241 or holly.brisk; ,kniferiver.com Sincerely, Holly Brisk Environmental Assistant Knife River Page 19 P:1Environment\MINNESOTA\Property-Owned\Ernie Toth1P&Z\E Toth Mining Expansion IUP Application 2020.docx Application Attachment Sec. 42-52.3 Resident PID (S) Address Tiller Corporation 75-103-1300 7200 Hemlock Lane N 75-110-2200 Suite 200 75-103-3200 Maple Grove MN 55311 Waste Management 75-104-1101 22460 US Highway 169 NW Elk River Landfill 75-103-2400 Elk River MN 55330 1 Tim Thomsen 75-110-2100 11631 NW 219th Avenue Elk River MN 55330 Eileen Schulze 75-103-3100 11621 NW 225th Avenue Elk River MN 55330 Plaisted Property Mgmt LLC 75-110-1105 PO Box 332 Elk River MN 55330 Page 110 P:1Environment\MINNESOTA\Property-Owned\Ernie Toth1P&Z\E Toth Mining Expansion IUP Application 2020.docx "seefd W q+I s o UJ M, L62 8 � z � o I�I A p� & IE S LEI �a �o _ E 4 V m � —+ a o A a® U b � � � Y � •a ( � Z+w :h k F I F 1 ` L N t� w ow �tv i y rI 5. U " C ` W YO ] G • • . . . . . . . . . . LL v¢¢ Q A A ZF z F v oo o y . . . . . . LnU 6b o.� v v w•a y.� w s , . . . ��U Uc:Oww Uri,a'a c�. �wU o w � � D 00 _ yS . . , : . . . .' . m . . U.4� r. � r• �i4+ ly • zoo, - - - ,o�. A 0 —_-.-. ... .. ..... . . . . . . . . . . . . . - - . . . . . . . . . . . . . . . . . . . . . . . . a ` ora 3 a W z mw a �z� no �w� m Zvi. ma z¢^ '� �¢ NN Q: � f ZJ Yz ®Q o'i, WcatlX" �.o 2,,v CI w - U, O m Y _ 7ka•O` �''f� E qzo 2 _ q- Z LLZN � W LL o Jlw ¢ V EMS•. uw W¢ � i%� z V >.OXN z C r2.e c9 u,: Oo ------ I z Yi W q•= y,�7a Wim^ -a Ofl• O U ¢ m W cF W F 5951 { m (7Or K a _ z Oo ro w¢ Jo W ZRI VN ¢ Now z+� L a `empneov.,,5-4rola�cvdl6avW\oaoa\.!d'4mt�.wvd\dlnmauulK\eugPmW\SIOl3 4ra2 From:Melanie Curtis To:Erickson, Amanda; Carlton, Zachary Cc:todd.curtis@mp-systemsinc.com Subject:[EXTERNAL] Public Comment on Item 6.7 - Planning Case No. CU 20-10 Date:Monday, April 27, 2020 5:13:12 PM Planning Commission and Staff: I have lived in Livonia Township just north of the Toth Pit area on 225th Ave NW since 2004. Since the entrance to the Knife River / Toth gravel pit opened to truck traffic, each year the truck traffic has intensified and the accumulation of debris/dirt (& mud when it rains any amount) on the roadway has increased. Trucks/Number of trips: From a resident perspective, the number of vehicle trips to/from this property each day during the active season is unbearable; and some of the drivers drive very carelessly. I have numerous examples, for instance there is a stop sign at the exit from the site. Myself, and many of my neighbors, have witnessed drivers ignore the stop sign and pull onto 225th without stopping or slowing down. I have observed drivers pull across 169 to get to the southbound side without stopping at the stop sign at 225th/169. This hurried behavior is unsafe and reckless. The number of trucks going into and out of the site per day is unreasonable. At any given time in the day residents trying to access 169 may have to wait behind 3-5 side dump trucks to reach the intersection; and in that time 4 to 10 trucks may drive past entering the site. On a normal day, it could take 15 minutes to get to the 225th/169 intersection. From my conversations with City staff, I know they have observed this traffic as well. According to one of the planning staff, traffic was identified as a concern when the pit was permitted in the early 2000s and there was a limitation placed on the number of individual trucks allowed to access the site per day. While this was a step in the right direction, the real limiting measure should have been a limit on the number of vehicle trips per day. Debris/Dust: The road leading to/from the Knife River driveway onto 225th is often covered in spilled gravel, sand, and dirt from the trucks, and as a result of the trucks driving off of the shoulder of 225th to make the turn. This is often not cleaned up for many days and is a hazard. Additionally, the southbound acceleration lane to 169 is often completely covered in dirt/mud. This continues through the summer and creates a very dangerous situation for drivers. Not to mention is consistently inconvenient as we have all had to increase the frequency of washing our vehicles from the mud on the roadway, which is money out of our own pockets. City Code section 42-78 talks about the safety requirements for access to the site and use of public rights-of-way. Section 42-53 specifically states the following:  ”The council shall issue an extraction license only upon a finding that the proposed extraction activities will comply with the standards and requirements set forth in this article and will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property. The council, in its discretion, may attach conditions to protect the public health, safety and welfare, to avoid traffic congestion or hazard, or to promote conformity of a proposed use with the character of adjoining property and uses.” I understand this to mean that in order to issue the original extraction license / CUP, the city determined and the applicant demonstrated they could meet the conditions. Is there not an expectation that the conditions continue to be met? At this time, with the request to expand the operation, the City has an opportunity to apply additional, reasonable conditions on the operation to address new concerns. I note that staff is recommending 4 conditions of approval, two are new: a cattle grid at the entrance to help limit tracking out of the site; and a maintenance agreement for street sweeping in response to recent issues. I believe these conditions are appropriate and are the result of recent operational issues. It would help further if the loads were covered prior to leaving the site. Lastly, as safety should be a priority, the number of trips to and from the site should be limited and the frequency managed to avoid the noted congestion issues. The drivers should be monitored and reminded to follow all traffic laws. I would be happy to answer any questions. Thank you, Melanie Curtis 10988 235th Avenue NW Elk River, MN 55330 Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK!