7.1. 7.2. SR 09-18-1995~a
~lk Ri
MEMORANDUM
TO: Mayor and City Council
ver FROM: Stephen Rohlf, Building and
Zoning Administrator
DATE: September 13, 1995 ~~-
SUBJECT: Zone Change and Land Use
Change Request (A-1 to I-2) by
the Shiely Company Case No.
ZC 95-7 & LUA 95-7
Introduction
ITEM 7.1 & 7.2.
The Shiely Company is requesting a land use change from A/Agricultural to
MI/Medium Industrial and a zone change from A-1/Agricultural to
I-2/Medium Industrial on property legally described on attached exhibit "A".
A vicinity map of the property affected by these changes is also attached.
The parcel described is owned by Julius Neimeth who has co-signed the zone
change application. There is approximately 10 acres in the southeast corner
• of the parcel described that is currently leased by Elk River Bituminous and
is being run as a gravel mine. Mr. Neimeth and the Shiely Company are
requesting that this area be included in the zone change request.
The Shiely Company is requesting the changes to the land use and zoning on
this parcel to accommodate a concrete ready mix plant. Shiely explains their
request in the attached letter dated 7/27/95. The Elk River Code of
Ordinances allows concrete product processing as a permitted use in the I-2
zone.
Shiely Company has an existing conditional use permit for a gravel mine on
this parcel that will also need to be amended to accommodate the proposed
ready mix plant. The amendment to their existing conditional use permit is
on this same agenda.
Interpretation
Section 900.12 (19), found starting on page 9.46 of the City Code of
Ordinances, defines the mineral excavation overlay zoning district. Under
the aforementioned. section, subpart (B)(i) allows facilities related to mineral
excavation in the mineral excavation overlay district. For example, this is
the clause that allowed Barton Sand and Gravel to place a temporary asphalt
hot mix plant in their gravel pit.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
9/13/95 Memo to City Page 2
Council Continued
• However, since concrete product processing is specifically identified under
the I-2 zone in the City Code of Ordinances, staff interprets a re-zoning to
medium industrial is required to locate this ready mix plant on this parcel.
Shiely Company has indicated that the ready mix plant will only be in this
location as long as gravel mining is taking place here and should be
considered a related facility. They may wish to question staff's interpretation
on whether a re-zoning to I-2 is necessary or just an amendment to their
existing conditional use permit is required.
Finding's
Currently the long range plan shows the affected parcel as agricultural.
However, the parcel in question is adjacent to an area designated medium
industrial. The Steering Committee for the city, charged with reviewing an
update of the comprehensive plan, has indicated that this area should
remain medium industrial. The parcel in question could be an extension of
this medium industrial area.
The Planning Commission considered existing conditions within the area
directly and indirectly affected by the proposal, the conservation property
• values, .and the use to which the property affected is being devoted at the
time. The parcel in question is currently part of a gravel mining operation
with direct access to Trunk Highway 169, which includes an acceleration and
de-acceleration lane. The Planning Commission felt it was unlikely that a
ready mix plant in this location would significantly alter this parcel. The
Planning Commission also felt that circumstances involving the property in
question have changed since it is being mined and no longer farmed.
Recommendation
The Planning Commission is recommending approval of both the requested
land use and zone changes. A resolution reflecting the land use change and
an ordinance amendment reflecting the zone change are attached to this
memo for the council's consideration.
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July 27, 1995
Mr. Stephen Rohlf
Zoning Administrator
City of Elk River
13065 Orono Parl.-way
P.O. Box 490
Elk River, Minnesota 55330
SUBJECT: Rezoning - Shiely/Nemeth Property -Section 10
Dear Mr. Rohlf:
Shiely Company
2915 Waters Rd., Suite 105
Eagan. MN 55121
(6~21fi63.0600
Fax(612~663-8108
Please consider this request for rezoning of a portion of the Julius Nemeth property in Section 10,
Elk River. We propose to rezone approximately 45 acres. Refer to the enclosed map for a
• pictorial description of the proposed rezoning. The proposed rezoning will be an extension of the
existing I2 zone to the south.. The requested rezoning is for the purpose of allowing the operation
of a ready-mix concrete plant in close proximity to the existing sand and gravel wash plant. This
rezoning may be necessary if the "related facilities" which are allowed by Conditional Use Permit
in the ME zone do not include concrete ready-mix.
The rezoning of this property is appropriate, particularly during the term of operation of the
existing sand and gravel plant. Concrete ready-mix is a related use to sand and gravel mining and
is very dependent upon a supply of quality aggregates.
In general terms the co-location of supplier and product user makes very good economic, logistic
and land use planning sense. Economically the cost of the final product is kept down by
minimizing handling of component materials. Logistically co-location takes advantase of in place
infrastructure. For example: this proposed ready-mix plant will be able to use the existing
operational yard area; existing water supply; convenient supply of raw materials; the established
truck routes and traffic management components, both internal and external to this property.
From a land use planning perspective, the proposal is a good fit. It is very compatible with the
existing use of the property. It takes advantage of existing infrastructure and does not require
extension of more services. The proposed ready-mix plant will not increase the incompatibility of
this property with the residential neighbors. Operational hours are similar to the gravel minins.
The noise from this plant and trucks will not be discernable over the gravel wash plant and the
• adjacent highway. The plant itself will have the necessary dust control. Road dust will be
controlled by watering. The ready-mix plant will be located behind a 30 foot high berm and trees
QualityConstr:.~c:icn Materials
Mr. Stephen Rohlf
• July 27, 1995
Page 2
will be planted to further screen it from view. The land use plan for this part of Elk River
prescribes sand and gravel mining and related uses for the next several decades.
onager
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• CITY OF ELK RIVER
RESOLUTION NO. 95 -
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE FROM
A/AGRICULTURAL TO MI/MEDIUM INDUSTRIAL
CITY OF ELK RIVER
CASE NO. LUA 95-7
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2,
prescribes the procedure for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing on August
22, 1995, and recommended approval regarding the Comprehensive Plan
amendment request for the property legally described as:
* See attached Exhibit A.
•
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan
amendment request and finds the change to be in general conformance to the
adopted Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Elk River that the Land Use Plan be amended to change the property as
described above from A/Agricultural to MI-Medium Industrial.
PASSED by the City Council of the City of Elk River this 18th day of
September, 1995.
Henry A Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
res9-13/bz/stever
• ORDINANCE 95 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY FROM
A-1/AGRICULTURAL CONSERVATION DISTRICT TO
I-2/MEDIUM INDUSTRIAL DISTRICT
CASE NO. 95 - 7
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is
hereby amended to rezone the property described as:
See Attached Exhibit A
Section 2. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted this 18th day of September, 1995, by the City Council of
the City of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
ord9-13/bz/stever
EXHIBIT A
The east half of the Southwest Quarter lying west of U.S. Highway 169,
Section 10, Township 33, Range 26, Sherburne County, Minnesota; except
that part described as follows:
Commencing at the South 1/4 corner of said Section 10; thence westerly along
the south line of said Section 10 a distance of 360.00 feet, more or less, to the
intersection of said line with the centerline of Trunk Highway No. 18; thence
northwesterly along said centerline a distance of 618.00 feet; thence deflect
83 degrees 40 minutes to the left for a distance of 33.23 feet to the westerly
right of way of said Trunk Highway No. 18, said point being the point of
beginning of the tract to be herein described; thence northerly along said
westerly right of way line 732.5 feet; thence southwesterly at an angle to the:
left 83 degrees 40 minutes a distance of 170.00 feet; thence deflecting to the
left at an angle of 96 degrees 20 minutes a distance of 732.5 feet; thence
deflecting to the left an angle of 83 degrees 40 minutes a distance of 170.00
feet to the point of beginning.
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