HomeMy WebLinkAbout20100201 - VIII-B-4Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: February 1, 2010
Subject: Special Use Permit Renewal #2010 -04 — Barton Sand and Gravel— Soil
Processing — 2445 County Road 54
REQUEST
Barton Sand and Gravel seeks a Special Use Permit renewal approval to operate a soil processing
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
Barton Sand and Gravel Soil Processing- SUP Renewal
City Council Memo- February 1, 2010
2
HISTORY
Original Permit
The City issued an initial Special Use Permit to Davies Excavating in early 1984 with several
conditions attached. In 1988, the soil processing permit for the operation was transferred from
Davies Excavating to Tiller Corporation. The City has renewed their Special Use Permit every year
since through 2004. The city required a new phasing and reclamation plan to be submitted in 2000
as well as an EAW. In 2005, the Metropolitan Council acquired the site for a future use as a waste
water treatment plant.
2000 EAW
In 2000, City staff worked with the applicant to clarify the boundaries, operations, and conditions of
their soil processing permit. The City also required the applicant to go through a discretionary
environmental assessment worksheet (EAW). The purpose of the EAW was to determine any
potential environmental impacts of the mining operation to address as part of the Special Use
permitting process. Many environmental impacts were identified as part of the EAW and conditions
were added to the approval to address these impacts.
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 Mining (Ravenna Township)
South CO Rd 54- Mining A- Agriculture R- Rural
West Vacant A- Agriculture R- Rural
SPECIAL USE PERMIT REVIEW
Existing Operation
Mining and soil processing has occurred on site since 1984. The current permit allows them to
operation from 7:00 am to 5:00 pm, Monday through Saturday. However, their normal operating
Barton Sand and Gravel Soil Processing- SUP Renewal
City Council Memo- February 1, 2010
3
hours are Monday through Friday. Normal truck routes moving to and from the operation are
County State Aid 54 or County Road 91 to Trunk Highway 316.
Access
Site access is unchanged. Two accesses are provided from County Road 54. The applicant shall be
prohibited from routing truck traffic along West 10 Street between Trunk Highway 61 and 55 for
hauling purposes. All accesses must be gated or chained to prohibit unauthorized access to the site.
Critical Areas /Shoreland Areas
The entire site is located in the Rural Open Space district of the Minnesota River Critical Area
Corridor. There are many natural features on the property. The property includes flood plains, shore
lands, wetlands, and is in the MNRRA Critical Area. Land within 300 feet of the Vermillion River
is also located in the City's Shoreland area. The Vermillion River is defined as a transitional river.
The following conditions shall be added to the permit in accordance with state critical area
requirements and the City's Shoreland Ordinance:
1. The earthen berms shall be immediately seeded with a native grass mixture after they
are constructed.
2. The site above the water table shall also be planted with native vegetation at the end
of mining activities on the site.
3. Native trees shall be planted in the shoreland impact zone that has been affected by
historic farming practices (pre - mining) as part of the reclamation of this site.
4. The mining operation shall stay at least 75 feet away from the ordinary high water
(OHWL) of the Vermillion River.
Wetland Delineation
Svoboda Ecological Resources has conducted a wetland delineation of the site. The report identifies
one wetland complex along the northern boundary of the parcel, adjacent to the Vermillion River.
Operations must not encroach into identified wetland areas. A copy of the delineation map is
attached.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
A SPECIAL USE PERMIT TO ALLOW BARTON SAND AND GRAVEL COMPANY
TO CONDUCT SOIL PROCESSING 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. The site is to be restored, upon completions of the mining operation, pursuant to the
plans provided to the City and dated August 23, 2000.
2. The earthen berms shall be immediately seeded with a native grass mixture after they are
constructed. This native grass mixture shall be approved by the DNR.
3. The remainder of the site above the water table shall also be planted with native
vegetation at the end of mining activities on the site. This native grass mixture shall be
approved by the DNR.
4. The applicant shall plant native trees in the shoreland impact zone that has been affected
by historic farming practices (pre- mining) as part of the reclamation of this site.
5. The applicant shall retain and protect all the existing trees in the wetland and shoreland
impact zone.
6. The applicant shall not encroach upon any identified wetlands as identified on the
"Wetland Classification Identification and Delineation Report" conducted by Svoboda
Ecological Resources dated 9/20/01. The wetlands shall be identified with GIS
coordinates, prior to excavation near those areas.
7. The applicant shall stay at least 75 feet back landward from the ordinary high water level
of the Vermillion River ( Shoreland Impact Zone). The shoreland impact zone shall be
marked with stakes in the field, as identified on the 8/20/00 site plan, prior to excavation
near those areas. The stakes in the filed shall be reviewed annually for visibility after
excavation occurs in these areas.
8. Any abandoned on -site wells shall be abandoned according to Dakota County Ordinance
No. 114.
9. Salvage and waste materials located near the abandoned farm house in phase 1 shall be
removed before mining can occur in this area.
10. Tiller Corporation shall notify the City Planning Department if any excavation of
previously undisturbed areas reveals the presence of historic artifacts.
11. Operating hours are not to be in excess of 7:00 am to 5:00 pm Monday through Saturday
except holidays. In addition, Tiller Corporation shall refrain from at all times using
CSAH 54 and HWY 91 for hauling purposes between the hours of 5:00 pm and 7:00 am.
In cases of emergency, Tiller Corporation may operate during hours other than those
noted upon approval by the City Administrator or the Public Works Director. This
Special Use Permit can be revoked if the applicant is found working beyond these hours
and does not have authorization to do so.
12. Tiller Corporation Company shall refrain from using West 10 Street between Trunk
Highway 61 and Trunk Highway 55 for hauling purposes.
13. All accesses to this property shall be gated or chained to prevent unauthorized access to
the site. Dakota County shall approve any new accesses.
14. Tiller Corporation shall continued in full force and affect an irrevocable bond or other
form of security acceptable to the City in the amount of $75,000 for the estimated cost of
restoring the site covered by soil pursuant to City Code.
15. Tiller Corporation shall provide to the City a Liability insurance policy or certificate of
insurance from an insurance company authorized to write casualty insurance in the State
of Minnesota as will protect the applicants, its agents, and the city from claims of bodily
injury, death, or property damage which may arise from operations under the soil
processing permit. The amounts of the insurance shall not be less than that which is
required by the City Code.
16. Vegetative cover as required by the City of Hastings Storm Water Management
Ordinance shall be restored on the steeply sloped portions of the site, identified on the
mining plans. Appropriate erosion control measures as determined by the Public Works
Director shall be undertaken to ensure establishment of vegetative cover on steeply
sloped portions of the site where mining is complete according to the approved plan.
17. Reclamation of each mining phase shall begin as part of the condition of moving on to
the next mining phase.
18. The applicant shall operate the facility with due regards to the rights of the easement
holders on the property. Mining operations shall not conflict with pipelines and power
lines as established within easements on the property.
19. As applicable, the applicant shall be responsible for obtaining any water appropriations
or dewatering permits required from the State DNR.
20. The applicant shall follow the State's DNR well dispute resolution system set up to
handle well interference problems. The applicant shall correct interference with existing
wells by modification of pumping operations, replacing wells, or lowering impacted
wells.
21. The City of Hastings shall be informed of the results of the most recent inspection of the
mining operation by the Mine Safety and Health Association.
22. The applicant shall notify well owners within a one mile radius of the gravel pit the
contact name address and phone number.
23. The mining operation and plan shall be in compliance with the City's Floodplain
Ordinance.
24. Processing of rock, aggregates, and recycled materials, including crushing, washing, and
stock piling.
25. Tiller Corporation shall also file an annual report each January with the City Council to
provide an update on activities and operation on the site.
26. Tiller Corporation is permitted to operation on the land described by exhibit A and
exhibit
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
Soil Processing Permit
2010 Renewal
The following information is submitted in connection with an application for the renewal
of our Soil Processing permit dated .tune 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 SAH near the intersection with County Road 91.
The legal description is attached as Exhibit A and a location neap is attached as Exhibit L.
Water Monitorin
Dakota County issued a permit for the portion of the site situated in Ravenna Township.
This permit, also amended in 20 00, requires annual sampling and testing of water
contained in the pond created by ruining. 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 w ater samples. Results of the annual testing are supplied to City staff as well as
Dakota County.
Operating Hours
The current Permit allows operations froin 7:00 AEI to :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
Traffic patterns to and from the site primarily involve Ravenna Trail CSAH 4 and
County Road 9 1. Traffic moves east and merest on la.enna. Trail or north and south on
County Road 91. In addition to Ra emia. Trail, traffic also uses U.S. Highway 61 for
north and south travel through Hastings.
Traffic Control Proaram
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 tracking ing activities to and from our site to
minirni e impact 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 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.
eed nmq tine
The approved Mining and Reclamation flan is attached hereto as Exhibit C. 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.
Surf
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
beans that lfluit access. Trespassing or infringement by unauthorized persons has not
historically been a problem at this site.
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Add ress or PID o P roperty, See , , ibi
App l icant N ame - , e. `i l e Corporation
P r Owner. M etrop ol itan Counc
Env ironmental Service (
Address. P .0, Box 1 480
A 39 N Robert ,fit.,
Mapl Grove, MN 55311
St. . , MN 55101
Ph 763 42 5 -419
P hone. 65
F ax.
F ax.
' mail: mikec@tillercorp.co
a il: 1cay.dawson@mefv,s tal mn .us
Descri of R Renezo Existin Special Use Pe rmiffor Soi Processi
If r site plan review of multi- family urdts (ftee or more arch are th umlls
int be for sale or rental. unit N
Check Annficable Line Please Note: All Fees an E scrows ar dn at tim of application.
Rezone
. e one X00
10
M inor Sub d ivision $500
Final Plat XX
Specia Use Pe aft 500
Vari ance $250
Comp Plan Amend. $500
V acation $400
L Spht/ Lot Line Adj. 5
Hou Move $500
A .exa o $500 pl us l egal exp ens es
Pre lims. Pl $500 + escrow
E AW $500 + $x., es crow
..�„ Sit Plan o + escrow
Total Amount Due: $5001 Make checks payable t City of Hastings.
Credit cads also accepted.
Please ensure that co ies q uffed documents are attar-he d.
Z Z , rf
App iat gnate Date Wsiginab Date
Applicant Name and Title Owner Name a - Title
Michad Caron Kay D awson
Director of land Use AjWrs
Budget Mana MC
001IAL USE ONLY
i ��
F . � - 3 c�. B: Day 'd:
Fee Paid: _„ � .. ., �._ ..+.� App, C omplete
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