5.1. PCSR 01-25-2022Request for Action
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
Public Hearings January 25, 2022 Zack Carlton, Planning Manager
Item Description Reviewed by
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Knife River, 11650 225 Ave NW Chris Leeseberg, Senior Planner
Amendment to Conditional Use Permit
Reviewed by
allowing continued mineral extraction
Amanda Erickson, Environmental Coordinator
operations, Case No. CU 22-01
Action Requested
Recommend, by motion, approval of the Conditional Use Permit
authorizing continued mineral extraction specifically operation of the
asphalt plant and hauling operations on the properties authorized
under CU 97-02, CU 09-14, and CU 20-10 with the following
conditions:
1. All previous conditions of approval included in CU 97-02, CU
09-14, and CU 20-10 remain in place.
2. Staff approval of a new reclamation plan for the entire site, to
include a timeline for completion of the mineral extraction
operations.
Background/Discussion
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Knife River has operated their gravel pit off 225 Avenue since 1997
with approval of their first mineral extraction CUP. That permit
included a sunset date of December 21, 2021, for their asphalt plant
and hauling operation. Since that approval, mining has continued, but
full extraction of the mineral resources has not concluded. They also
received authorization to expand the mining operation in 2020 with the
purchase of a new property adjacent to the previously approved mine.
The operation had been the subject of numerous complaints regarding
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tracking of dirt and debris onto 225 Ave and Highway 169. Staff
worked with the applicant to address these concerns as part of the CUP approved in 2020. Staff has since received
very few complaints regarding the operation and environmental staff monitors the area for compliance with the
CUP standards included in CU 20-10.
The request does not include changes to any of the approved conditions and staff recommends keeping all
previously included conditions of approval in place.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
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 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:
1. Will 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 or general welfare of the neighborhood or the city.
Gravel mines create intense demands on adjacent properties. The approval includes conditions for yearly
licensing and inspection by the city’s Environmental Coordinator. Many of the operations are also
regulated closely by the Minnesota Pollution Control Agency. The conditions that have regulated this use
for the past 25 years are recommended to remain in place.
Staff does not recommend additional conditions beyond what have been included in previous approvals.
2. Will be consistent with the comprehensive plan.
The current Comprehensive Plan guides the area for Business Park industrial uses. The current zoning of
he parcel also includes the Mineral Extraction Overlay District.
Staff does not recommend additional conditions beyond what have been included in previous approvals.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
Three other gravel mining operations surround the property and the remaining undeveloped land is
guided for similar uses.
Staff does not recommend additional conditions beyond what have been included in previous approvals.
4. Will 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 schools; and will not, in particular, create traffic
congestion or interference with 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
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tracking onto the roadways and increased the frequency of the street sweeping along 225 Ave.
Staff does not see a need to impose specific conditions to satisfy this standard.
5. Will 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.
The mining operation includes numerous uses and activities that impact the surrounding area. These
concerns are addressed and regulated with previous approvals and are monitored during the yearly
inspections of the site and frequent inspections of the surrounding area by city staff.
Staff does not recommend additional conditions beyond what have been included in previous approvals.
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6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The area has been mined since 1997 and most of the natural features have already been mined and
reviewed as part of previous environmental reviews.
Staff does not recommend additional conditions beyond what have been included in previous approvals.
7. 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.
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 recommend additional conditions beyond what have been included in previous approvals.
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
Mission/Policy/Goal
Meet changing needs - Agile
Support business growth and development
Attachments
Location Map
Applicant’s Narrative
Pit Exhibit
CU 97-02 Recording Document
CU 09-14 Recording Document
CU 20-10 Recording Document
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