7.3. SR 09-18-1995~1l~ Ri
ITEM 7.3.
MEMORANDUM
TO: Mayor and City Council
v~'r FROM: Stephen Rohlf, Building
and Zoning Administrator
DATE: September 12, 1995 ~~
SUBJECT: Conditional Use Permit Request
by the Shiely Company (Concrete
Ready Mix Plant) CU 95-17
Request
The Shiely Company is requesting an amendment to an existing conditional
use permit for mineral excavation to allow the placement of a concrete ready
mix plant within their existing pit. A change to the land use and zoning
maps from agricultural to medium industrial are related requests on this
same agenda.
• Attachments
The following are attachments to this memo:
1. Vicinity map showing the affected parcel.
2. Site plan showing the layout of the ready mix plant.
3/4. Building elevations of the proposed plant.
5. Planting plan.
6. A copy of the existing conditional use permit on the parcel for
mineral excavation with the proposed changes for the ready mix
plant underlined.
Finding's
Staff has reviewed this request based on the existing conditional use permit
on the parcel for mineral excavation. Issues such as drainage, dust control,
hours of operation, etc., were adequately addressed in the mineral excavation
• conditional use permit. Landscaping is dealt with by Shiely's reclamation
plan for their gravel mine. Shiely is further proposing to plant trees along
13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to City Council Page 2
dated September 12,1995,
Continued ...............
• Hi hwa 169 to help screen the read mix plant. The additional truck traffic
g Y Y
associated with the ready mix plant can be adequately handled by an
existing access to Trunk Highway 169, which includes an acceleration and
de-acceleration lane.
There is a proposed control trailer for the ready mix plant, but staff did not
apply the building standards required in the medium industrial zone to this
structure. Because this plant is proposed in an active gravel pit it is a
temporary situation, although temporary maybe 30 years, and a permanent
structure built under I-2 standards would be impractical. Trailers for scale
houses are common in gravel mines. Permanent structures in the future
would be subject to I-2 standards. Sanitation facilities on site will be
handled by satellites.
Staff also considered whether or not there should be hard surfaced parking
and drive. This may or may not have merit. In some other pits hard
surfaced drives have been required prior to accessing a public road to hold
down sediment from being deposited on the road.
If this ready mix plant were not in a gravel pit, parking would be required.
• However, staff is not convinced parking makes sense in this situation. If
parking is required, staff recommends there are enough stalls provided for
trucks kept on site, plant staff, and customers.
Recommendation
The Planning Commission felt the seven standards for approving a
conditional use permit were met with this request. They are recommending
approval of the proposed amendment to Shiely's conditional use permit to
allow a concrete ready mix plant subject to the two conditions listed below
and contingent upon the rezoning of the property to I-2.
1. That 50 pines, 2 to 10 feet high be planted on the berm between
the subject property and US Trunk Highway 169 by 1996.
Further, a minimum of 20 of these trees are to be 8-10 feet high.
2. That signage for the ready mix plant be allowed as per the I-2
zone. In addition, no billboards are allowed on this property.
n
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7 ~~ f L/~NTING f~Lf~N
1995/1996
y~ t
s
CITY OF ELK RIVER
• AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR
MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of
1995, by and between the CITY OF ELK RIVER, a municipal
corporation organized under the laws of the State of Minnesota (City), and
SHIELY COMPANY, a Minnesota corporation (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a
conditional use permit to operate a gravel mining operation within the City
on property legally described as follows:
All of the south half of the south half of the northwest quarter (S 1/2 of
S 1/2 of NW 1/4) lying west of U.S. Highway 169, and
all of the north half of the southwest quarter (Nl/2 of SWl/4) lying
west of U.S. Highway 169, anal
the south half of the southwest quarter (S 1/2 of SW 1/4) lying west of
U.S. Highway 169, except the west one thousand feet (1,000 ft.) of the
south seven hundred feet (700 ft.) lying west of U.S. Highway 169, and
except that paxt 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 beginru.ng 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,
all in Section ten (10), Township thirty-three (33), Range twenty-six
(26), Sherburne County, Minnesota.
•
Page 2
• Further, the applicant's application for a conditional use permit
includes a shop to act as a support facility for the mining operation on Iand
legally described as follows:
The south half of the southwest quarter of the northeast quarter (SlJ2
of SW 1/4 of NE 1/4), and
the south one hundred feet (100 ft.) of the north one thousand-ninety-
nine and four hundredths feet (1,099.4 ft.) of the southeast .quarter of
the northwest quarter (SE1/4 of NW1/4) lying east of U.S. Highway
169
all i.n Section ten (10), Range twenty-six (26), Township thirty-three
(33), Sherburne County, Minnesota.
(the Property); and
WHEREAS, the City of Eik. River Planning Commission and City
Council have held hearings on Operator's request for a conditional use
permit, at which hearings all citizens of the City of Elk River and other
interested parties have had the opportunity to be heard on the application;
and
WHEREAS, the City Council by motion adopted April. 17, 1995,
approved a conditional use permit for the operation of a gravel mining
operation (the Operation) an the Property, subject to certain conditions,
including that Operator enter into a License Agreement and Conditional Use
Permit Agreement with City so as to fully comply with the City's Mineral
Excavation, Zoning,. and other applicable Ordinances; and
WHEREAS, the City Council by motion adopted September 18, 1995,
approved an amendment to the conditional use. permit for the operation of a
ready mix plant on the propert ;and
WHEREAS, the City's Zoning Ordinance requires that a Conditional
Use Permit be issued and that a Conditional Use Permit Agreement for
mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual
promises and. conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Ag`-reement- Except as otherwise provided herein, .this
Agreement shall constitute the Conditional Use Permit for the Property and,
together with the License Agreement to be executed by City and Operator,
• shall govern the parties rights, xesponsibilities, and obligations with respect
cupSHIEL/bz/sr
Page 3
• to the Operation, subject to the compliance by all parties with applicable city
ordinances and state and federal laws.
2.} .Warranty of Operator- Operator hereby warrants and
represents to the City as inducement to the City's entering into this
agreement, that the Operator has a valid lease for the operation and the fee
owner of the subject property shall also enter into this agreement.
' 3.) Conditions- The following general conditions shall apply to the
Operation:
(01) This Conditional Use Permit authorizes Mineral Excavation
(gravel) Excavation from the Property.
(02) All mineral excavation and processing operations on the
property shall comply with the City's mineral excavation, zoning
and other applicable ordinances; with the terms of this
Conditional Use Permit agreement and the license agreement to
be executed by the City and operator; with the City of Elk
River's Environmental Impact Statement on mineral excavation;
and with the application materials and plans submitted by the
operator, which plans and materials are the basis for the City's
approval of the Conditional Use Permit.
(03) The operator shall orally notify the City of any violations of this
permit within 24 hours and follow this with ratification. in
writing within 4 working days of the violation. The operator
shall notify the City annually in writing of the total area and
amount of material mined and projected estimates of area and
amount of material to be mined in the following year. This is to
be done at time of license renewal.
(04) The license must be renewed annually and shall run from
January 1st through December 31st. The .annual license fee is
that which is specified by City Cade at time of renewal. This
license fee is nat in lieu of gravel tax collected by the County
and a portion of which the City receives.
(05) Violations of this Conditional Use Permit may result in
suspension or revocation.
(OG) The City Building and Zoning Administrator and/or his/her
agents shall be permitted to inspect the operation for compliance
• with the conditions of this permit during normal hours of
operation.
cup SHIEL(bz/sr
Page 4
• (07) The City's approval of this Conditional Use Permit is subject to
the approval of appropriate permits by other governmental
agencies.
(0$) No explosives shall be allowed for this operation.
(09) Reclamation
a. Reclamation shall be implemented on an annual basis
pursuant to the reclamation plans submitted by the
operator.
b. Each year a plan for that year's reclamation shall be
approved by the Building and Zoning Administrator prior
to issuance of the annual mineral excavation license.
c. A $5,400 dollar letter of credit, bond, or deposit, approved
by staff, shall be required prior to the issuance of .the
annual license to cover the forthcoming year's
reclamation.
• d. The reclamation shall include top soil from the site being
preserved and put back into place. after mining.
e. The vegetation established for reclamation must be
maintained until it is self sufficient.
f. Contours, finished grades, details of erosion control
methods, and settling ponds, shall comply with the plans
submitted and the City ordinance at the time of
reclamation.
g. Fifty pines shall be planted on the berm between the
subject property and US Trunk Highway I$9 by 1996:.
There pines shall range in size from two to ten feet in
height with a minimum of twenty pines being eight to ten
feet in height.
(10) Traffic
a. Except for localized jobs, traffic through Elk River
associated with this operation shall be limited to U.S.
• Highway 10 and 169.
cupSHIEL/bz/sr
Page 5
(11) .Dust Control
• a. A ermit from MPCA re ardin air emissio s
p g g n shall be
obtained when required .and particulate emission
standards shall be met by the operation.
b. All equipment shall be located as to reduce dust to
adjacent properties.
c. Watex, but no chemical agents, shall be used to control
dust as necessary.
d. The City reserves the right to require additional
measures to be taken, if warranted by dust problems,
including but not limited to reducing stock pile heights.
(12) Hours of Operation
All mineral excavation, processing, and sales activities shall be
conducted between the normal hours of 7:00 a.m. and 7:00 p.m.,
Monday through Saturday. Upon approval of the Building and
Zoning Administrator, or his/her designee, sales (hauling
• product off-site) may occur outside of the normal hours (on a
temporary basis not to exceed 7 days) to address a unique
situation.
(13) Noise
a The noise from screening and crushing associated with
this operation. shall be controlled by equipment location
on site, the placement of stock piles, and the type of
equipment used.
b. Noise levels associated with this operation, shall at no
time exceed State standards.
c. The City reserves the right to require additional
measures be taken, if warranted by noise.
(14) Sh°p
a. No unscreened outside storage shall be allowed.
•
cup SHIEL/bz/sr
Page 6
. b. The operator shall have an approved hazardous waste
license for this facility and properly dispose of or recycle
all waste.
(15) Lighting
Lighting from the operation shall be directed away from
adjacent residential property. Glare, whether directed or
reflected as different from general illumination, shall not be
visible beyond the limits of the immediate site. .All sources of
artificial light shall be so fixed, directed, designed, or sized, that
the minimum subtotal of their illumination shall not increase
the level of the illumination on nearby residential property by
more than .l foot candles in or within 25 feet of a dwelling, or
more than .5 foot candles on any part of the adjacent property.
(16) The piling, storing, or keeping of old machinery, junk,. debris, or
abandoned motor vehicles, shall be prohibited on this site, with
the exception that reusable parts may be stoxed on the mineral
excavation site provided that it is in a location that cannot be
viewed from adjacent properties or is totally screened.
• (17) Mining activities shall not cause excessive vibration off site. If
excessive vibration becomes an issue, the City reserves the right
to take appropriate measures to alleviate the problem.
(18) Groundwater protection measures shall include:
a. The operator shall file with the City an emergency spill
response plan. The operator shall adhere to this plan in
the event there is a spill.
b. The operator shall provide the Fire Department with a
copy of their flammable or hazardous materials.
c. Fuel tanks shall be above ground, properly diked, and
registered with MPCA.
d. All incidences that have. the potential to adversely affect
groundwater, including but not limited to spills, shall be
verbally reported to the City within 24 hours. This verbal
notification shall be followed up in writing within 4
'working days.
•
cupSHIEL/bz/sr
Page 8
deemed covenants running with the land. This Agreement shall be
• placed of record so as to give notice hereof to subsequent purchasers
and encumbrances of all or any part of the Pxoperty, and all recording
fees, if any, shall be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall
be held invalid for any. reason, the same shall not affect. in any respect
whatsoever the validity of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of
a breach of any provision of this Agreement will not operate as or be
construed to be a waiver of any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be
deemed appropriately and timely given when delivered personally or
deposited in the United States mail to the addresses hereinafter set
forth by certified mail (return receipt requested). The addresses of the
parties hereto are as .follows until changed by written notice given as
above:
•
cupSHIEL/bz/sr
Page 9
If to the City at: City of EIk River
ATTN: Building and Zoning Administrator
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 55330-0490
If to the Operator at: Shiely Company
ATTN: Bob Bieraugel
' 2915 Waters Road, Suite 105
Egan, Minnesota 55121
(d6) Incorporation. by Reference- All plans, special provisions,
proposals and specifications, submitted pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as
fully as if set forth herein in full.
IN WITNESS WHEREOF, the City and Operator have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ELK RIVER
BY=
Its: Mayor
By:
Its: City Administrator
OPERATOR:
SHIELY COMPANY
By:
By:
FEE OWNER (S) OF PROPERTY:
By:
By:
cupSHIEL/bz/sr
Page IO
i STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Henry A. Duitsman, the Mayor of THE
CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this day of
1995, by Patrick D. Klaers, the City Administrator of
THE CITY OF ELK RIVER, a Minnesota municipal corporation, on
behalf of the corporation..
•
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing. instrument was acknowledged before me this day
of 1995, by the of
Shiely Company Incorporated, a Minnesota corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
•
ss.
cup sHIEL/bz/sr
Page 11
The foregoing instrument was acknowledged before me this day
• of 1994, by ,the of Shely
Company, a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1995, by Marian Nemeth, the fee owner of subject property.
Notary Public
•
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1995, by Julius Nemeth, the fee owner of subject property.
Notary Public
•
This instrument was drafted by:
cupSHIEL/bz/sr
City of Elk River
Building and Zoning Department
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330