5.1. PCSR 08-14-2007.^~/
City of
Elk -~-1
River
REQUEST FOR ACTION
To
Plannin Commission Item Number
5.1
Agenda Section Meeting Date Prepared by
Planning Items August 14, 2007 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
Consider a request by Tiller Corporation fox a Conditional
Use Permit fox Mineral Excavation, Case No. CU 07-22
Action Requested
Staff supports a Planning Commission recommendation of approval of the request with the following
conditions:
1. Traffic from the operations area will access the new alignment of County Rd 33 with the
majority of traffic generated from the existing operation area head east to US Hwy 169.
Proctor Rd and County Rd 33 west of the exiting operation will only be used for local
projects.
2. The site must operate under a Minnesota Pollution Control Agency (MPCA) NPDES permit
for gravel mining facilities and a Stormwater Pollution Prevention Plan be implemented
3. Watering on-site gravel haul roads must be done to reduce dust
4. Fifty-foot setbacks from property lines and right-of--ways that are not adjacent to other
mining areas must be maintained.
5. Along Proctor Rd, a setback as determined and marked by the Sherburne County Forester
must be maintained and in no instance will the setback be less than 50 feet from right-of-
way.
6. The site must be graded in accordance to the reclamation plan
7. Operations must be in compliance with all State noise standards
8. Mining and crushing will be conducted between 7:00 a.m. to 7:00 p.m. Monday -Saturday
9. Topsoil will be retained on-site and used to create screening berms
10. Active slopes to be approximately 1.5:1 and finished slopes not to exceed 4:1
Background/Discussion
Tiller Corporation (Tiller) and its operating division Barton Sand & Gravel Co. are requesting a
Conditional Use Permit for Mineral Excavation on a parcel of propexry adjacent to existing sand and
gravel mining facility also operated by Tiller. The property encompasses 36.6 acres however; the
applicant is only proposing to mine the northern 19.53 acres as illustrated on the attached map (Exhibit
A). This proposed mining area is adjacent to property that was included in the 1994 EIS Gravel Mining
Study. This spring, the applicant completed an Environmental Assessment Worksheet (EAW) which the
Ciry Council on June 18, 2007 declared that the preparation of an Environmental Impact Statement is not
necessary.
Public meetings were held on Wednesday, September 13, 2006 and Tuesday, July 17, 2007 to answer
questions the public had in regards to the proposed Conditional Use Permit. There were seven (7)
residents in attendance at the July meeting and approximately nine (9) households were represented at the
C:Alloeuments and SeCtings'\jmiller\Local SettingsV'I'empocary Internet Files\OLK3l;AREQUIsS'I' COUNCIL ACTION tiller.doe
September meeting. Additionally, public meetings were held on February 6 and May 14, 2007 to address
concerns about the EAW. At the February 6`" meeting, only staff and the applicant were present and at
the May 14`" meeting, three residents attended.
Financial Impact
N/A
Attachments
• Application for a Conditional Use Permit for Mineral Excavation, dated 8/31/06 (will be distributed
at the meetin~
• Location Map
• Exhibit A
• Letter date August 1, 2007 from Tim Edgeton, Sherburne County Forest & Parks Coordinator
General Information
Applicant Tiller Corporation
60 Day Rule The application has been deemed complete as of June 18, 2007.
The City must take action by October 18, 2007.
Requested Action Conditional Use Permit approval
Location and Size Approximately 19.53 acres west of Proctor Rd, immediately
south of the existing Tiller gravel operation.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Undeveloped Mining R1a
North Mining Mining R1a (ME)
South Single Family Rural Residential R1a
East Single Family Rural Residential R1a
West Mining Mining R1a (ME)
Overview
The applicant is requesting CUP approval to do the following:
1. Remove an existing deposit of sand and gravel and process it into construction aggregate
2. The property will be leased for 10 years starting m July 2007
3. The applicant is estimating that mining will start in 2-3 years and that it will take between 3-5
years to remove the material and restore the area
4. The property will be stripped in 2 phases going from East to West
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3L\IZF,QUF,ST COUNCIL ACTION tiller.doc
Material will be conveyed from the site, not hauled
The rock crusher will be no closer than '/a mile to adjacent residential properties.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. Will not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or
the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
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 ystems, parks and schools; and will not, in particular,
create traffic congestion or interference with tra~c on adjacent and neighboring public thoroughfares.
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 tra~c, noise, smoke, fumes, glare, odors, dust or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
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.
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.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all of
these standards.
Analysis
Gravel Mining is an intense land use that, unavoidably, impacts adjacent properties, including impacts
from noise, dust, traffic, and vibrations. To combat these negative externalities, a program of education,
long range planning, and site improvements is typically employed. In this instance, the following support
Mining on the subject property.
Education: The applicant conducted several preliminary public meetings over the last 12 months to
get information out to the most affected residents. Staff and the applicant have been available to address
questions and concerns prior to the public hearing process.
Long Range Planning: The 2004 Comprehensive plan includes the subject property: The northern
'/z is guided for mining, and the southern '/a is guided for open space. Mining is proposed for the
northern '/z only.
Site Improvements: The mining operation will include several processes to reduce the negative
impacts. The material excavated will be conveyed to the sorting facility, reducing truck traffic. The
internal roads and accesses will be watered to reduce dust. As mentioned above, the southern 20 acres
C~\llocuments and Settings\jmiller\Local SettingsV'I'empocary Internet files\OLK3E\ItL;QUEST COUNCIL ACTION tiller.doc
(approximate) will be retained as open space; mining activities will not come closer than 500 feet to the
residential homes in Ridgewood.
Comprehensive Plan
The proposed use of the land is consistent with the 2004 Comprehensive Plan.
Recommendation
Staff supports a recommendation to approve the Conditional Use permit, subject to the conditions
outlined above.
Respectfully Submitted
Rebecca Haug
Environmental Administrator
Council Action Motion by Second by Vote
Follow Up
C:Allocuments and Settings\jmiller\Local Settings\Tempocary Internet Files\OLK3F.AREQUI;ST COUNCIL ACTION tiller.doc
i
__
_ _ _
= -_
-- ~- ,
- _ _--
__ _
--
-
- - - ;SITE
~ ,`~
\L
-
i ~.
.
,
,
_ r _ __
T-- ~
.,. ~
~~ _ _ ~ .. -_
--
~~ 1
h' _ ~ __ ;i 0 IJ
~ •~~ ~ ,1
B 1, ~ ___ .-_ _-
s
1)~~
~ l
RtDI F l1
~C,t,'' It,
IiJOD ,.: ~ -
~
,~ ,, ,,
,_
~ ~
-.
_
~ ~ __
_
_
_ _ I ~IhI. i --.
HIC, To07H
~~ ~ ~ A - _
i ~,
~,r (~ -
_ . _,__ - ~.~zo• - --
~~ y _
-
u~~
~,
__
:
;
~_`
-
- _ .
- r a- ~ ~~
-- -
-~; ~
.~
,, ~ ~
-_ I'lllRf)
f. ~ ~
-
~-,
~
~. . _
• .~_ - _
.; ~ -I _.
L
il?{ _
- ,,:
,_ - -
'
~ _
_ _ a
- -
a -- - - - ~ - - _ --
~
~'` - - - , p9
- ~. . i ~ I)i.'E
-- Riga
noon-
PaR~, o~ ...
~ __
nrr,.~rnf, ~ -~
~, _ ~
\7F`\\`~ DEE RFIELO
HUGH R --. _-.___ -__..._ - _ \ ..il ~.'t ~.~- -.J.
~' Location Map
aty or N
El -~-1
"~' Case Number: CU 06-25 TILLER CORP
River
-l
CI
y,w I \ \\ \ I ~{~ xl
\~ , .., I ~ ~ ~ ~ J i
fir.'. ~ ~ _ ~- ~~ ' ~_ _ ~ ~., ~ ~.
~~ ~ i~ ~ a\ ~`~~ J ~.
~~ ! ,/x J \\ ,,
'~A . z ~ ~ - : ~ ~~ 11~d~~t7
;'~ , ;~ ,~
,, ..,,. /~. ~.\x~\
//
j
~ ~ ~~ ._
- y.
~ ~ ~ ~ ~~
\
~
,
a
$.
( ... fi'. ~ ..
~
~~~
`'
~
I /
7
'
~.~'~ ~: i
~~.
t '~~ ~~ ~xL 1
~ ~ ~~
. ~ ~,
~ i~,.
R`/__._l 1 I i
/ ~~•€ ~ ~ ~
I
l _
r~ ~ /.~ ~ I
/~_ ~
~/ ~~
...... i
r~ ~
=;
_~ ;r // ~~ ~:~
._,.~~,~III~I_=,~
_~f ~~~ .-
i '~\ \
l ~' ~' --~ ~ ~ _;
~~_-`~ ~
~ \~\\\.
ss~c ~~ '` ~~3
in m~~ ~~ ~ ~3
g o t
`''~''~ m ° n p S Q p ~
Ik^ AR f
~ ~ y~e~~
~ ~ F$4 ~ _
~ C~ O q
J
C
~/'' I ~
xa ~ ~ F
~ ~ ~ £~ p
~¢p~~~y3
€T~A &
~ N ~ ~ '~i~F~~Q ~~~:
T
..,
3 Z n ~ r C~F
~
~II
~ r
D
D
a 6 f
~~~R9~fi .
~
$
~~ ~i
m D
~ 77 ~R''
Z ~ o
~
...
~
W z ~ ~
y ~ o z a
L~ E
Sherburne County
PLANNING 8~ ZONING ADMINISTRATION
August 1, 2007
Mike Caron
PO Box 1480
Maple Grove, MN 55311
Dear Mr. Cazon,
13880 Highway 10
Elk River, MN 55330
(763} 241-2900 • (800} 438-0578
Fax ~ (7631 241-2910
In response to your request for an on-site inspection and a review of the trees along Proctor Road
in Section 21, T33, R26 in Elk River, I've summarized my findings and recommendations below,
based on our July 31 on-site meeting.
As you had arranged, a line was staked back from the road to show where the desired buffer of
trees and vegetation would be preserved. Per the objectives stated, any tree within than buffer
area would want to be left in good condition without incurring any disturbance/damage from
upcoming excavation, grading, oak wilt, tree removal, etc. behind the buffer line. With this in
mind, on July 31 S~, I flagged an orange ribbon line delineating where disturbance should be
avoided to ensure that root systems from trees inside the buffer area be protected. Much of this
flagged line is just beyond the staked line. During my inspection, I also looked for potential oak
wilt infection centers that are active. One site was found that appears to be active oak wilt. It is
located on the southern most end of the woods and on the western side of the wood line, along the
field. If oak wilt suppression work involving vibratory plowing is deemed necessary (per your
arrangements with the City), I've enclosed a list of consultants you can contact to obtain a
proposal for doing this work.
Regarding the orange flagged Line, it would be recommended that any tree removal work or
grading work near this line be done during the fall or winter months to avoid starting new oak
wilt. Any work during the April, May, June, or early July period would not be recommended near
this buffer line. Due to the nature of northern pin oak and white oak being more sensitive to root
disturbances than most other tree species and that much of this forest was comprised of oak trees,
the area was flagged to reflect this sensitivity and to reflect the larger driplines of some of the
mature trees inside the buffer area.
If you have any further questions, please let me know. Thank you.
Respectfully ~
Tim Edgeton
Forest and Parks Coordinator
Sherburne County