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9.4. SR 10-02-1995~~r ~~ ~~ ity of ~~ lk • .Rover Regz~est ITEM 9.4. MEMORANDUM TO: Mayor and. City Council 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 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 conditionalusepermit on the parceTfor mineral excavation with the proposed changes for the ready mix plant underlined. Fi,ndine's • Staff has reviewed this request based on the existing conditional use permit on the parcelfor 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 furthex proposing to plant trees along 13065 Orono Parkway • P.O. Box .490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to City Council Page 2 dated September 12,1995, Continued ............... Highway 169 to help screen the ready mix plant. The additional truck traffic • associated with the ready mix plant can be adequately handled by an existing access to Trunk Highway 169, which includes an acceleration anal 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 f©r 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... C CU95-17B/bz/stever ~~a N[NG M~ REVISED FEB. 1989 `~ City of ~ Elk • River _ 1 ~_ i SHtELY f ,~ ~.~- - ~ - - ___ . - -; I t ~.. _ YC1 CE ' ~ V ~ ~ ~ ~ ~~ ~~-\ C ~ 12 ~sEN~+~ s.n .r i• ~_. -.-_ ! 1 I ! ~ ..~_ f m,.~ «,. 1 I I ~. t i of F1 ,,o ~ ! ~ w ~ ~ : R1a ~ f y ~ Y ,~ ': •• ! ' : ~ U / ~- =/ ~,. 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Ire/ f 967.6 '.\' y ' I ! 1 . 7 968.2 {' ' •.~ •~ /~/ ~ ~ 1 '~\ ~ li\ x \ _./~ x `-l~,x 971f .9~y' I l/ t~ x I ~ 1,' ~. 1 1 ' x 1 1 i / . .. ~ 858.5 ~ IOt04 i' ~ ~ i 1989.} .._ \! l .~• ~ x ii J I y ; ~ i 11 r _, ~ ,f 9as.1 ' I `' ~~ :~ U. - :! C.U.P. AMENDMENT •~ ~~' 989. - ~ ~ .~ ~~; CONCRETE READY MIX PLANT ~ ~ ~• ''~' ~1 - .' 9s2.8 x .,•x77.e-. ' sECONDARY ~ - 'Y SHlELY COMPANY x SETTLING 1024 6 1027 4 . , .• I,' ~~~~:.. ~ el., PoN~ ELK RIVER -- NORTI-I S1-f E ~~\ t .L..~ N ~_ 0 ti ~--- ~.1 _T U ~--- ~~ y0 iy ~~ s .<< `~O Y.~ ~O J ;-1 O CSC 0 0 J ~-- `~ ~... ~~~ o% J'~6- y L - U 4-- <C m ~~ r ' 968.9 i • a`II x 981.9 t ' ~ 987. ' x ', _..,.,,__„_1. 1 ~~ s ~- --. ` ~ ~ ~'; ~ ~" --~\ •`+ 1 ~'7 x -972.4 j ,, / h ,; -: ~~ \ ~-- .,;`, ~' ~ ALE ~~ a J s . ~ ~, ,` \.•\\~~\1 `j .~'~~`-J' t I J1 x 973.0 .' .: -' ~•_ t, ~ -~ ;;,/~ x 973.4 .~,./~~~ .r- ~'~ ••~,.-rte ! - ~'~ ~ ~\ '~'' 1 ~~i~ / ~ 1 I i 983.5 x G ~ ! • %. I .~` i , . ':~~, I ~~ x 973.8 ~ `. a, .• 1 1 + ,~;i ~~'". ~ . i J ~E 1t I ~, 978.3 1 X 976.8 ``/ 1 I 976.6 i x ~` ~1 I'~ ~ ~ i ~ , 1 ~ I ~~~, , 976.0 t. ® ~( ~ 1 ~ ~~~- Spruce ~~98x`.~F ,, ~- 2D mixed 5iZe5 ~ , 1 ~j ~~ ~ `~ t`0 :p ~ ~ i ~ I ~ ~ ~ t ~ ~ ~ - ~~. ~ 1 ~ i • ', ~, ~:~ ~~ ~ ~I 1 i v '~ .-j- ~ ~ i' '; + L ~ ~ (~,~ G 1 I "'t» I X ' ~ ~ ~ ~ ~ 723y, I , ~ ~ 1 _, ~ t ~ tt ;~ ~ t 1 ~ tlt ~', 1 ~ t ~ a ~~ i . ~ ~ ~ ~ ~ ~ /r I I '••.,968 ~t ~~ I~ x 971.6 J 1 I 't V` 1 1 '~ 1 1 't j , • f CANTING 1~ LAN 1 °9/1996 5 _• ~ _ _ ;' _. - x 968.3 • 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 (N 1/2 of SW 1/4) lying west of U.S. Highway 169, and • 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 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, 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 land legally described as follows: The south half of the southwest quarter of the northeast quarter (S 1/2 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 (SE 1/4 of NW 1/4) lying east of U.S. Highway 169 all in Section ten (10), Range twenty-six (26), Township thirty-three (33), Sherburne County, Minnesota. (the Property); and WHEREAS, the City of Elk 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) on 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 October 2, 1995, approved an amendment to the conditional use permit for the operation of a ready mix plant on the property; 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: l.) Entire Agreement- 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, responsibilities, 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 notification 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 Code at time of renewal. This license fee is not 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. (06) 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. cupSHIEL/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. (08) 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 $5,000 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. £ 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 169 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 permit from MPCA regarding air emissions 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. Water, 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) Shop a. No unscreened outside storage shall be allowed. • cupSHIEIJbz/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 .1 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 stored 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 7 . e. A water appropriation permit from the Department of Natural Resources must be obtained. f. The wells located at the Julius Nemeth residence, the scale house and the wash operation, shall be monitored once a year for diesel range organic's (DRO). If mining is to occur below the water table, the above wells must be monitored for DRO prior to excavation activities commencing and after their cessation. Further, in the event of a spill, appropriate water tests will be taken until the spill is deemed clean. g. Groundwater levels shall be monitored in the wells located at the Julius Nemeth residence, the scale house, and the wash operation, prior to the start of wash operations and an additional 3 times during the first week of said operation to predict the long term effects of the pump operation. Thereafter, the aforementioned wells shall be tested a minimum of twice per month, said frequency to be increased during dry periods. This routine testing shall also be done for the water recycling pond. • h. Water usage by mining activity shall not adversely affect adjacent residential wells. Mitigative measures may include, but are not limited to, curtailing of pumping activities until water levels return. i. The appropriate storm water permit shall be obtained by the operator from MPCA. (19) Signage for the gravel and ready mix operations be allowed as per the I-2 zone. Further, no bill boards are allowed on the subject property. (20) The entrance and loop road around the ready mix plant shall be hardsurfaced as approved by staff. 4.) General Provisions- (01) Permits- Operator agrees to comply with all of the provisions hereof and agrees to save and hold the City harmless from any and all claims or actions arising from the operations of the Operator on the Property. • cupSHIEI,/bz/sr Page 8 • (02) Binding Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives , successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be 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 Property, 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: ~J cupSHIEL/bz/sr Page 9 If to the City at: City of Elk 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 (06) 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 10 • 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. Notary Public STATE OF MINNESOTA ss. COUNTY OF SHERBURNE 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 COUNTY OF ss. The foregoing instrument was acknowledged before me this of 1995, by ,the Shiely Company Incorporated, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF • ss. day of cupSHIEL/bz/sr Page 11 • The foregoing instrument was acknowledged before me this day of 1994, by ,the of Shiely Company, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF ss. 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 COUNTY OF ss. 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: City of Elk River Building and Zoning Department 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 • cupSHIEIJbz/sr