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Home My WebLink About20100201 - VIII-B-3Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: February 1, 2010 Subject: Special Use Permit Renewal #2010 -03 — 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 January 25, 2010, Planning Commission meeting, the Commission voted 4 -0 to recommend approval subject to the conditions of the attached resolution. No one from the public spoke for or against the item during the public hearing. ATTACHMENTS • Resolution • Location Map • Special Use Permit (Applicant Narrative) • Application Commercial Asphalt Company- SUP Renewal City Council Memo — February 1, 2010 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 was requested and granted by the city. In 2004, the length of the permit was extended from one 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 subj ect 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 South West Mining (Ravenna Township) CO Rd 54- Mining A- Agriculture R- Rural R- Rural Vacant A- Agriculture SPECIAL USE PERMIT REVIEW Performance Bond- 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. Operating Hours- 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. 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. Commercial Asphalt Company- SUP Renewal City Council Memo — February 1, 2010 3 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- plant is screened in part by a stockpile of materials to make the plant as unobtrusive as possible. It is strongly encouraged that the stockpile is wrapped around the front of the asphalt plant site as much as possible. 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 HOT MIX PLANT AT 2445 COUNTY ROAD 54, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, on January 25, 2010, 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: 1. Expiration of the permit shall be December 31, 2012. 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 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. Hours of operation shall be from 6:00 am to 5:00 pm, however no hauling may begin before 7:00 am. 10. 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. 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 February 1, 2010, 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 1 St day of February, 2010, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (KSB) 101 4th St. E. Hastings, MN 55033 Aerial Photo 2008 1 inch = 2,000 feet Hot Mix Asphalt Plant Special Use Permit 2010 Renewal The following information is hereby submitted in connection with an application for the renewal of our Special Use Permit dated June l9, 1989 to operate a hot mix asphalt plant in a sand and gravel urine in the City of Hastings. The Applicant and Operator, Commercial Asphalt Co. is an operating division of Tiller Corporation. The property is owned by the Metropolitan Council. Location The plant site is in a sand and gravel mine located in part in the City of Hastings and in part in Ravenna Township. The site is north of Ravenna. Trail CSAH near the intersection with County Road 91. The address is 2445 Counter Road 54, Hastings, MN. The legal description is attached as Exhibit A. The mine is operated under a current Soil Processing Permit issued by the City of Hastings to Barton Sand & Gravel Co., also an operating division of Filler Corporation. The plant site is in the City of Hastings, near the western entrance to the mine, and south of the Chicago, Milwaukee, ee, St. Paul and Pacific Railroad tracks. A small part of the western portion of the property south of the railroad tracks is within the i 004Yea Flood Boundary (flood plain) as set forth on the Flood Insurance Rate Map for the City of Hastings dated December 18, 1981. The plant is at an elevation of 694.2 feet, which is above the 100 year flood elevation, and therefore not in the flood plain. Operating Fours The current Permit allows operations from 6:00 AM to 5:00 PM, with no hauling before 7:00 AM. However, situations arise such as public emergencies or accelerated work schedules, which may require an extension of our normal operating hours. when these situations arise, City staff is contacted and they determine if an extension of hours is warranted. Estimated Volume The amount of hot mix asphalt produced is dependent on market conditions and demand. we expect estimated production in the coming years will be approximately 150,000 tons per year. Traffic Pattems Traffic patterns to and from the plant rimarily involve the west entrance to the mine, Ravenna Trail (CSAH 4 and County Road 91. Traffic moves east acrd west: on Ravenna Trail or north and south on County Road 91. In addition to Ravenna Trail, traffic to and from an area west of the site 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 plant 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 plant to minimize un a t on the people around us. We have employed a traffic control program in the interest of safe trucking operations, which includes the following: 1. Access to the plant is limited to the entrance that presently exists. 2. A step sign is maintained at the exit from the site. 3. Signs have been placed near the plant to encourage safe and courteous driving practices in accordance with all traffic rules and regulations, 4. We follow-up directl r with drivers or customers who are not driving safely. Traffic Volumes The quantity of material a truck can haul is dependent on the legal load limit for each specific truck and the weight restrictions of the intended travel routes. The estimated average load size for trucks hauling material from this plant is 19 tons. Based on the production capacity of the plant, which is approximately 400 tors per hour, and the estimated average load size, the peak number of loads from the plant in any hour during the season will be 21. Air Pollution Control Equipment t The plant is equipped with a fabric filter baghouse to control particulate matter emissions (dust). Plant operations require a permit from the Minnesota Pollution Control Agency 1 PCA which specifies performance testing to demonstrate compliance with established standards. This permit also addresses requirements regarding allowable fuels and the control of fugitive emissions (dust from truck traffic) through the application of water. A substantial area of the plant site used by trucks entering and leaving is hard surfaced which is another measure used to control dust generated from trek traffic. Petroleum Storage Facilities and Back-up Containment System The operations of the plant require storage facilities on site for burner fuel, diesel fuel and asphalt cement. These facilities are registered with the MPCA. The tanks have a containment system that will contain the tank contents in ease of a spill. The storage facilities and containment are above the 1 00-year flood elevation. Sec grit Site access is restricted to authorized. persons. The 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. 4 Address or PI �roperty See Exhibit Pf .% tro + ' t i A pplicant Nam Tiller Corporallon Property Owner: Metropolitan Council Env ironmental ice (MCES) { Address: P .O . B ox 1480 Address: 390 N R o b er t St. ' Maple Grave, A4N 55311 S. ,haul, MN 551 Phone: 763 425 - 4191 Phone: 651602-1000 Fax: Fax; L-i mafl: miket4tillercorp,com Email: kay.dawson6rnetc.state.inn. I ) es cription of Re Renew Existing Special Use Permit T Mix Asp Plant I f requesting site plan review of muld-f units wee or more ai d , are the i ts tended to be for sale or rental its? N F Cheek Applicable Line(s) Please Dote: All Fees and Escrows are due at time of app lc t - ion . Rezone $500 Minor Su bdivision oo Final Plat $600 XX Special Use err t $50 .�..�, a.fia x $250 Comp Flan Arend. • $500 Vacation $4 _ Lot Spit/Lot Line A dj. �,...R,.. House $ $500 plus legal expenses Pre lim Plat $5 o + escrow EAW $5 b + $1,000 escrow Site Man $5 o escrow , Total Amouait D ue* $500.00 Make checks payable' ity of Hastings ' Credit card also a cc e pt q d. r` Pleas e nsure that all Copy U doc ui6nts are aft the � - F r 9pp licantSignature Date Signatur D ate J Appl icant Name and Title owner N ame an Title Michael Caron Kay Damo Director of land Use fir Budget Manager MCE OFMCML USE ONLY Fill. # I n R c d Da Re1r r Fee Paid. o ._� Receipt 4 Ap C omple t e ff