8.3. SR 07-17-1995/`
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MEMORANDUM
V~~ TO: Mayor and City Council
ITEM 8.3
FROM: Stephen Rohlf, Building
and Zoning Administrator
DATE: July 7, 1994 j
SUBJECT: Review of Conditional Use Permit
for Commercial Asphalt's/Public
Hearing CU 95-13
Request
Commercial Asphalt Co. is requesting renewal of a conditional use permit to
run a hot mixed bituminous plant, in an existing gravel mine.
Location
• The legal description of the affected property is the east half of the northwest
quarter and that part of the west half of the northeast quarter that lies west
of the right-of--way of US Trunk Highway 169, Section 22, Township 33,
Range 26, Sherburne County, Minnesota. Attachments 1 and 2 to this memo
are a general site plan of the property described and a site plan of the hot
mix plant. The property lies in the southwest corner of the intersection of
County Road 33 and US Highway 169.
Background
Commercial Asphalt Company's hot mix plant has all the appropriate state
permits, including an air emissions .permit that expires January 25, 1998.
Commercial Asphalt has done air emissions testing in the past, and the next
scheduled time to do so is no later than October 31, 1997. The plant is
equipped with a baghouse filter, which is periodically checked for leaks and
the results are copied to the city.
Commercial Asphalt was first given a permit from the City of Elk River in
1988. Because of the nature of the operation, this permit is to be reviewed
and renewed at a maximum of every two years. However, due to odor
complaints from adjacent residents, 1994's renewal was for only one year.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
CU 95-13
Continue d
-----------------------------
• Issues
Dust
Page 2
Changes to this operation, since the last renewal, to control dust include
paving the entrance to the site and buying a sweeper attachment for a Bobcat
to clean the dust off of the hard surface drive and adjacent streets.
Commercial Asphalt also continues to water as needed to control dust.
Sedimentation
Previously, there was a sedimentation problem to a pond in the southeast
corner of the intersection of Highway 169 and County Road 33. Sediment
from the Commercial Asphalt site was running to this pond and filling it in.
Enlarging the sedimentation pond on Commercial Asphalt's site, appears to
have alleviated this situation. The sweeper previously mentioned will also
help. Staff feels this issue is resolved.
Noise
When Commercial Asphalt first started up, the city received complaints
regarding noise levels from the plant. Adjustments to the blower fan for the
• hot mix plant and placement of stockpiles apparently eliminated these
problems. Staff has not received any complaints regarding noise for several
years.
Odor
Staff feels that odor is the one true outstanding issue. To alleviate problems
with odor, Commercial Asphalt has raised their stack height to help dissipate
odor, and reduced the amount of recycled materials used during weather
inversions. They have also made their phone number available for people
with complaints.
As of the date of this memo, Commercial Asphalt has received complaint
regarding odor from the following residents:
Brenda Bunker, on May 11, 1995, at approximately 2:30 p.m. Ms.
Bunker lives on the east side of Highway 169. It was speculated that
the odor was due to the plant just starting up at the time of the
complaint. Once the plant reached full temperature, the complainant
was called back and she indicated the odor had disappeared.
• 2. Dave Munter, on May 16, 1995. Again, at the time of the complaint
the plant was just being started up. It was discovered that the
6-27comm/bz/stever
CU 95-13 Page 3
Continued
• aggregate bin was not properly adjusted, causing the plant to run too
hot (another way Commercial Asphalt adjusts their operation for odors
is to turn the temperature down). Commercial Asphalt's response to
this complaint was to shut the plant down until the aggregate bin was
adjusted appropriately. When the plant started up again the odor
problem had dissipated.
Having complaint calls go directly to Commercial Asphalt, appears to be a
much more efficient and timely way of dealing with the odor issue.
Commercial Asphalt Co. has gone as far as not to run their plant under
certain weather conditions. Staff feels Commercial Asphalt has been
cooperative in dealing with the odor issue.
The question for the City Council is whether or not Commercial Asphalt has
been able to keep odors at an acceptable level and they should have their
permit renewed, or odor levels are at an unreasonable level and their permit
should be denied.
Recommendation
Attached to this memo is a conditional use permit that, except for a few
• minor wording changes, is the same as the 1994 permit. The one exception is
the permit that is attached to this memo is good for two years. The one
issued in 1994 was only good for one year.
The Planning Commission is recommending approval of this permit. Staff
has re-notified the neighbors, including those who complained in 1995, of
this renewal process. However, there was no one at the Planning
Commission public hearing opposed to this renewal.
.]
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1
• STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
In the matter of: Commercial Asphalt Co.
CITY OF ELK RIVER CITY COUNCIL
CONDITIONAL USE PROCEEDINGS
Request: Renew their conditional use permit
to process asphalt for an additional
two (2) years.
ORDER GRANTING
CONDITIONAL USE
Commercial Asphalt Co., Owner
The above entitled matter came to be heard before the City Council on the
17th day of July, 1995, on a petition for a Conditional Use pursuant to the City of Elk
River Zoning Ordinance, for the following described property:
East one half of the northwest one quarter and that part of the west one half of the
• northeast one quarter that lies west of the centerline of U.S. Highway 169, Section 22,
Township 33, Range 26, Sherburne County, MN.
IT IS ORDERED that a Conditional Use be granted as upon the following conditions:
1. THAT A MAXIMUM OF 30% RECYCLED ASPHALT CAN BE USED IN THE
OPERATION IN ORDER TO CONTROL ODOR. IF WEATHER CONDITIONS
MAKE ODOR TOO NOTICEABLE, THE OPERATOR MUST TEMPORARILY
REDUCE THE PERCENTAGE OF RECYCLED ASPHALT IN THEIR OPERATION
UNTIL ATMOSPHERIC CONDITIONS ALLOW THE 30% LEVEL TO CONTINUE.
2. THAT THE LEAD CONCENTRATION IN FUEL OIL COMPLY WITH CURRENT
MPCA REGULATIONS OR BE NO MORE THAN 4,000 MG/KG, WHICHEVER IS
LESS. FURTHER, THAT ANALYSIS OF LEAD CONCENTRATION BE PROVIDED
AS PER MPCA'S REQUIREMENTS.
3. THAT A MAXIMUM OF 20% OPACITY IS ALLOWED FOR EMISSION FROM THE
STACK FOR THIS OPERATION.
4. THAT PARTICULATE EMISSIONS BE LIMITED TO A MAXIMUM OF .04 GR/DSCF.
5. THAT ALL CORRESPONDENCE BETWEEN COMMERCIAL ASPHALT CO. AND
MPCA INCLUDING TEST RESULTS BE COPIED TO THE CITY.
b. THAT COMMERCIAL ASPHALT CO. BE ALLOWED TO USE BAGHOUSE FINES
• IN THEIR OPERATIONS.
cup-asph/bzlstever
• 7. THAT THE NATURAL VEGETATION BETWEEN THE ASPHALT PLANT AND
HIGHWAY 169 BE LEFT TO ACT'AS SCREENING.
8. THAT DURING DRY PERIODS THE SITE MUST BE WATERED TO AVOID DUST.
9. THAT COMMERCIAL ASPHALT CO. REIMBURSE THE CITY FOR THE COST OF
REVIEWING THEIR PROPOSAL. THAT THE CITY HAS THE RIGHT TO CLOSE THIS
OPERATION DOWN IF THERE IS IMMINENT DANGER AND THAT CITY STAFF
HAS THE RIGHT TO INSPECT THE PREMISES AT ANY REASONABLE HOUR
FOLLOWING NOTIFICATION.
10. THAT THE NORMAL HOURS OF OPERATION FOR THE PLANT ARE FROM 7:00
AM TO 7:00 PM, SEVEN DAYS A WEEK. HOWEVER, HOURS CAN BE
EXTENDED FOR SPECIAL CASES BY THE BUILDING AND ZONING
ADMINISTRATOR AS LONG AS THE ADDITIONAL HOURS DO NOT CREATE A
NUISANCE FOR SURROUNDING RESIDENCES. FURTHER MPCA NOISE LEVELS
MUST BE ADHERED TO AT ALL TIMES DURING THE OPERATION OF THIS
PLANT.
11. THAT THE BAGHOUSE IS TESTED ONCE PER MONTH FOR LEAKS DURING THE
OPERATING SEASON AND THE RESULTS OF THOSE TESTS ARE COPIED TO THE
CITY.
12. THAT THIS CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS AND A
• NEW PERMIT BE OBTAINED AT THAT TIME.
13. THAT STOCKPILES OF RECYCLABLE MATERIALS NOT BE PLACED IN SURFACE
WATER AND FURTHER THAT RUN-OFF FROM THESE STOCKPILES IS DIRECTED
AWAY FROM ANY SURFACE WATER. THAT THE SIZE OF THE STOCKPILES BE
LIMITED TO THE AMOUNT OF MATERIAL THAT COULD POSSIBLY BE USED IN
ONE YEAR, BUT NOT NECESSARILY TO WHAT WILL BE USED IN ANY ONE
GIVEN YEAR. FURTHER, THAT THE CITY UNDERSTANDS WITH THIS
STIPULATION THAT SOME RECYCLABLE MATERIALS WILL BE RETAINED OVER
THE WINTER SO THAT RECYCLING CAN START AT THE SAME TIME AS SPRING
START UP FOR THE ASPHALT PLANT.
14. THAT COMMERCIAL ASPHALT CO. CONTINUE TO WORK WITH CITY STAFF TO
RESOLVE PROBLEMS WITH NOISE IF THEY ARISE.
15. THAT COMMERCIAL ASPHALT CO. CONTINUE TO WORK WITH CITY STAFF TO
ELIMINATE SEDIMENT FROM BEING INTRODUCED TO THE POND ON THE
EAST SIDE OF HIGHWAY 169.
16. THAT COMMERCIAL ASPHALT CO. REDUCE ODOR FROM THEIR PLANT TO
ACCEPTABLE LEVELS.
DATED this day of , 1995.
•
cup-asph/bz/stever
STATE OF MINNESOTA )
• )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER )
OFFICE OF CITY BUILDING AND ZONING
CITY OF ELK RIVER
I, Stephen Rohlf, Building and Zoning Administrator for the City of Elk River with
and in for said City, do hereby certify that I have compared the foregoing copy and
Order granting a Conditional Use with the original record thereof preserved in my
office, and have found the same to be a true transcript of the whole thereof.
If the proposed work described in a conditional use permit has not been
substantially completed within two (2) years after its date of issuance, the permit shall
expire and become void except that the Council may, following recommendations of
the Planning Commission, extend the permit for an additional period determined by the
council on the receipt of a request for a permit extension prior to its expiration. A
Conditional Use permit authorizes only the use specified in the permit and shall expire if,
for any reason, the authorized use ceases for more than one (1) year.
Stephen Rohlf, Building and Zoning Administrator
•
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the day of
19 _.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
Elk River, Minnesota 55330 this day of , 19 _.
•
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