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6.1. SR 02-05-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Worksession Feb 5,2007 Item Description Re uest for Overla /20 Item Number 6.1 Prepared by Rebecca Ha , Environmental Admin Reviewed by erem Barnhart, P Man Introduction On Tuesday, December 12, 2006, Staff met with Max and Greg Steininger along with their consultant, Foth & Van Dyke to discuss the possibility of expanding the City's Mineral Excavation Overlay district to a piece of property they are proposing to purchase for mineral excavation. Because the property they are considering is outside a Mineral excavation area as guided in the Comprehensive Plan, Staff suggested to the applicant they discuss the possibility of extending the ME overlay to the property with the Council. It is important to note that this request is not a formal request to amend the Comprehensive plan, the discussion will give the applicant and staff direction on the future use of the property. Should the Council agree to further research, the applicant will be required to complete an Environmental Assessment Worksheet (EA W) since this property was not included in the Mineral Excavation Environmental Impact Study (EIS) in 1994. Formal application to amend the Comprehensive Plan, and amend the zoning ordinance, and for Conditional Use Permit approval will be required prior to mining activity. Discussion The property is located on the eastern side of Hwy 169, northeast of the Elk River Landfill. Please see the attached map. Currendy, the property is zoned At. The property is intended to be mined for sand and gravel for the applicant's projects. The mine will typically not be open to the public. They are proposing approximately 20 trucks entering and leaving the pit on a daily basis. Their hours would be consistent with the City's Mineral Excavation Ordinance which is 7:00 a.m. to 7:00 p.m. Monday- Saturday. They anticipate the construction of berms along the property lines prior to excavation and pave their access into the pit. Their main access to Hwy 169 would be 225th Ave which Bauerly Bros recendy installed acceleration and deceleration lanes for. Many of these site details will be established and/or reviewed during the conditional use permit phase. According to the City's Comprehensive Plan, this area is guided for commetcial reserve. This property is not included in the NRI for areas showing High or Medium Quality Natural Communities. Financial Impact N/A S: \B&E\REBECCA \Request Council Action \REQUEST COUNCIL ACTION-steininger.doc Attachments Letter from Foth & Van Dyke Map of proposed gravel operation Action Requested Staff is requesting direction as to whether the Council is in favor of expanding the Mineral Excavation Overlay District to this area. Council Action Motion by _ Second by _ Vote Follow Up S:\B&E\REBECCA \Request Council Action \REQUEST COUNCIL ACTION-steininger.doe DEe 2 8 2006 Foth &VanDyke December 27,2006 Ms. Rebecca Haug Environmental Administrator City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Dear Ms. Haug: RE: Request for Overlay/Zoning Designation Change Thank you for meeting with us and Max and Greg Steininger on Tuesday December 12, 2006. Per the discussions in that meeting, Foth & Van Dyke is writing this letter on behalf of Max Steininger, Inc. (Max Steininger) to begin the process of obtaining an overlay/zoning designation change by the city of Elk River. We would like to meet with the City Council at their February 12,2007, workshop or earlier to get input from thel11 on this project prior to actually submitting the formal application. Max Steininger, an excavation contractor, is in the process of purchasing a parcel of land within the city limits and north ofthe city of Elk River (parcel number 75-103-1101, see attached map). The land is located on the eastern side of Highway 169, northeast ofthe Elk River Landfill. This property is intended to be used for sand and gravel excavation operations and will generally supply Max Steininger projects. The pit will typically not be open to the public. It is their intent to phase the mining. Final elevations would be established using clean fill from their projects. Max Steininger will work with the City to develop a future use plan that aligns with the City's forward vision for this area. The property is currently zoned A 1. We will be requesting that the zoning and overlay be changed to.A 1 (ME). We believe this will allow mining on the property provided the remaining permits are obtained. We understand that there is a parcel of land between the Max Steininger parcel and the existing Al (ME) area currently zoned AI. We are requesting the audience ofthe Council at the February 12 workshop meeting or earlier to discuss the extension of the Mineral Excavation Overlay District and to discuss any other concerns that the City may have. KLLl \K:\06M088\L-Elk River Zoning\4000 Eagle Point II . 8550 Hudson Boulevard' Suite 100 . Lake Elmo, MN 5504 i! . 651-i!88-8550 . Fax: 651-i!88-8551 Ms. Rebecca Haug City of Elk River December 27,2006 Page 2 Please contact either Kathy Osborne (651-288-"8594) or GregSteininger (651-454-6620) if you have any questions or concerns. Sincerely, Foth & Van Dyke and Associates, Inc. 71~ 11.()~ q~ 4-~ Kathleen M. Osborne, P.E. Jessica M. Fenno Senior Project Manager Environmental Engineer cc: Mr. Greg Steininger, Max Steininger, Inc. Mr. Jeremy Barnhart, City of Elk River KMM1 :JMF:klll Attachment: Parcel Location Map KLLl \K:\06M088\L-Elk River Zoning\4000