HomeMy WebLinkAbout20070507 - VIII-B-2VIII-B-2
Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: May 7, 2007
Subject: Special Use Permit Renewal #2007-15 -Commercial Asphalt- Hot
Mix Asphalt Plant - 2445 County Road 54
REQUEST
Commercial Asphalt seeks a Special Use Permit renewal approval to operate a hot mix
asphalt plant at 2445 County Road 54. The current application is similar to applications
made in the past that have all been approved with similar conditions.
RECOMMENDATION
At the April 23, 2007, Planning Commission meeting, Commissioners voted 5-0 to
recommend approval of the Hot Mix Asphalt Plant. No members of the public spoke to the
issue.
ATTACHMENTS
• Location Map
• Special Use Permit 2003 (Applicant Narrative)
• Application
• Resolution
Commercial Asphalt Company- SUP Renewal
City Council Memo- Mav 7 2007
2
HISTORY
The City approved the original Special Use Permit on June 19, 1989, subject to several
conditions. From 1989 to 2004, annual approval of the permit has been requested and
granted by the city.
In 2004, the length of the permit was extended from~ane year to three years. Commercial
Asphalt is required to file an annual report of activities for the City Council review in the
interim years.
In 2005, the Metropolitan Council acquired the site for a future use as a waste water
treatment plant.
The Planning Department has not received any operational complaints.
BACKGROUND INFORMATION
Comprehensive Plan Classification
The use conforms to the 2020 Comprehensive Plan. The subject property is classified R-
Rural. The site is not planned for sewer service in the 2020 Comprehensive Plan.
Comprehensive Plan Classification
The subject property is primarily zoned A-Agriculture. The northwest corner of the site is
within the FW- Floodway Zoning District. Temporary asphalt hot mix plants accessory to
mineral extraction is a designated special use in both districts. Health, safety and general
welfare concerns shall be examined in determining the appropriateness of the use.
Reasonable conditions can be added to the special use permit to ensure compatibility with
surrounding land uses and address project concerns.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Existing Use Zoning Comp Plan
North Vermillion Slough FW-Floodway Floodway
East Mining (Ravenna Township)
South CO Rd 54- Mining A- Agriculture R- Rural
West Vacant A- Agriculture R- Rural
SPECIAL USE PERMIT REVIEW
Performance Bond- City Code requires the submission of a performance bond by the
applicant. Staff is again recommending a performance bond in the amount equal to
$25,000.
O.~erating Haurs- The applicant indicates that the plants operating hours will generally be
from 7:00 am to 5:00 pm. The City has previously allowed operating hours from 6:00 am to
5:00 pm, however, no hauling before 7:00 am was allowed.
Commercial Asphalt Company- SUP Renewal
City Council Memo- May 7, 2007
3
Vehicle Trips- The applicant indicates that the peak number of vehicle trips associated with
the plant would be 21 per hour. Assuming two-way traffic, this would result in 42 trips on a
peak hour basis.
Spill Containment System- Previous conditions by the city require a spill containment
system. The applicant has provided a spill containment system.
Flood Plain- The site of the asphalt plant is located near a flood hazard area. The
applicant has indicated that the plant is at an elevation of 694.2 that is above the 100 Year
Flood Boundary.
Screening- The site plan seems to illustrate that the plant will be screened in part by a
stockpile of materials. The City should require this type of situation to make the plant as
unobtrusive as possible. It is strongly encourages that the stockpile is wrapped around the
front of the asphalt plant site as much as possible.
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Soil Processing Permit
2007 Renewal
The following information is submitted in connection with an application for the renewal
of our Soil Processing Permit dated June 1988, amended in September 2000, to operate a
sand and gravel mine in the City of Hastings. The Applicant and Operator, Barton Sand
& Gravel Co., is an operating division of Tiller Corporation. The property is owned by
the Metropolitan Council.
Location
The site is located in part in the City of Hastings and in part in Ravenna Township. The
site is north of Ravenna Trail (CSAH 54) near the intersection with County Road 91.
The legal description is attached as Figure 1 and a location map is attached as Figure 2.
Water Monitoring
Dakota County issued a permit for the portion of the site situated in Ravenna Township.
This permit, also amended in 2000, requires annual sampling and testing of water
contained in the pond created by mining. This pond is contiguous between Ravenna
Township and the City of Hastings. The purpose of the testing is to assure the absence of
petroleum products in the water. Petroleum products have never been detected in any of
the water samples. Results of the annual testing are supplied to City staff as well as
Dakota County.
Operating_Hours
The current Permit allows operations from 7:00 AM to 5:00 PM Monday through
Saturday except holidays. However, situations arise such as public emergencies or
accelerated work schedules, which may require an extension of our normal operating
hours.
Traffic Patterns
Tratf c patterns to and from the site primarily involve Ravenna Trail (CSAH 54) and
County Road 9l . Traffic moves east and west on Ravenna Trail or north and south on
County Road 91. In addition to Ravenna Trail, traffic also uses U.S. Highway 61 for
north and south travel through Hastings.
Traffic Control Program
"The safety with which traffic moves to and from our site and its impact on the health,
safety and welfare of the people of the community is a major consideration to us. Safe
trucking operations are dependent on the policies and procedures followed, including the
condition of the equipment and the attitudes and driving practices of the individual
drivers. Our goal is safe and courteous trucking activities to and from our site to
minimize impact on the people around us. We have employed a traffic control program
in the interest of safe trucking operations which includes the following:
I . Access to the site is limited to the two entrances that presently exist.
2. Stop signs are maintained at both exits from the site.
3. Signs have been placed by the truck scale to encourage safe and courteous driving
practices in accordance with all traffic rules and regulations.
4. We follow-up directly with drivers or customers who are not driving safely.
Estimated Volume
The amount of material produced is dependent on market conditions and demand.
Historically production has ranged from 50,000 tons to 200,000 tons per year.
Reclamation
The approved Mining and Reclamation Plan is attached hereto as Figure 3. Slopes, as
depicted on the Mining and Reclamation Plan, will be established as materials are
removed. Once mining has been completed in a particular phase, final grading will take
place and vegetation will be established in that phase.
Security
Site access is restricted to authorized persons. Each site entrance has a gate that is locked
during non-operating hours. There is also a series of natural barriers, fences and earthen
berms that limit access. Trespassing or infringement by unauthorized persons has not
historically been a problem at this site.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
A SPECIAL USE PERMIT TO ALLOW COMMERCIAL ASPHALT COMPANY TO
OPEARATE A TEMPORARY HOT MIX PLANT AT
2445 COUNTY ROAD 54, HASTINGS, MN
Council member
moved its adoption:
introduced the following Resolution and
WHEREAS, on Apri123, 2007, review was conducted before the Planning Commission of
the City of Hastings, as required by state law, city charter, and city ordinance; and
WHEREAS, The Planning Commission recommended approval subject to the conditions of
this resolution; and
WHEREAS, The City Council has reviewed the request and recommendation of the
Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Special Use Permit as presented subject to the following
conditions:
l . Expiration of the permit shall be December 3 ] , 2009.
2. All PCA requirements shall be met and all permits received before the operation of the
plant.
3. The site must be watered as necessary to control dust.
4. Before commencing operation of the plant, the applicant shall provide the city with the
necessary insurance certificates and a performance bond for $25,000.
5. The site of the temporary asphalt plant shall be at an elevation of not less than 694 feet.
This requirement includes that the bottom of the spill basin shall also be at an elevation
of not less than 694 feet.
6. The aggregate stockpile shall be maintained as shown on the site plan for screening
purposes. Also, it is strongly encouraged that the stockpile be wrapped around the front
of the site as much as possible to provide effective screening.
7. That the requirements of the city code concerning temporary asphalt plants be attached as
conditions for permit approval and be adhered to by the applicant.
8. The applicant shall file with the local fire authority a material safety data sheet for a
flammable combustible liquid storage permit.
9. The conditions for approval are to be strictly enforced.
10. Hours of operation shall be from 6:00 am to 5:00 pm, however no hauling may begin
before 7:00 am.
l 1. That Tiller Corporation provides the City Council with an annual report each January to
provide an update on the activities and operations of the site.
12. Submission of a performance bond in the amount equal to $25,000.
Council member moved a second to this resolution and upon
being put to a vote it was unanimously adopted by all Council Members present.
Adopted by the Hastings City Council on May 7, 2007, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Melanie Mesko Lee
City Clerk
Paul J. Hicks, Mayor
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 7th day of May, 2007, as
disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko Lee
City Clerk
This instrument drafted by:
City of Hastings (KSB)
1 Ol 4th St. E.
Hastings, MN 55033
(SEAL)