HomeMy WebLinkAbout#4 Special Use Permit
Memo
To: Planning Commission Members
From: Kari Barker, Associate Planner, AICP
Date: June 14, 2010
SubjectSpecial Use Permit #2010-26 – Holst Excavating– Soil Processing
:
Plant – Intersection of CSAH 54 and 91
REQUEST
Holst Excavating seeks a Special Use Permit to operate a soil processing plant at the
intersection of CSAH 54 and 91. The current application is similar to applications made in
the past that have all been approved with similar conditions.
HISTORY
The original application was granted in 1978 to Donald Kluende for a site on CSAH 54 and
Glendale Road It was transferred in 1983 to Holst Excavating, Inc. From 1991-1999, Holst
Excavating received renewals to the Special Use Permit. The site was moved to its current
location in 2000 and was leased from 2000 to 2010.
The site is currently used for removing sand and gravel for fill. The applicant is proposing
to mine 996,925.6 cubic yards of sand on the property. The intention is to begin mining
above the water table. If demand necessitates, a pond/sand pit on the property will be
excavated which would vary in depth from 20-50 feet. The sand pit would go below the
water table and part of the pit would eventually fill up with water, creating a pond. The
slope of the pond to the water would be 3:1 with a 10 foot bench above the water level.
The pond would have a 5:1 slope below the water level which is the slope required by the
city for all wet ponds.
If orders are received, the site may be used to wash sand and gravel. The attached Exhibit
A shows the phases the work will be completed in.
An Environmental Assessment Worksheet was completed in July 1999 and the City Council
adopted the conclusions and findings of facts in October 1999. It was also declared that an
Environmental Impact Statement was not required.
The Planning Department has not received any operational complaints.
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Planning Commission Memo- June 14, 2010
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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. Soil processing 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 Commerical Asphalt A- Agriculture R- Rural
Residential A-Agriculture R- Rural
East Ravenna Township A- Agriculture R- Rural
South Residential- large lots A- Agriculture R- Rural
West Residential- large lots 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
$75,000.
Access- Access to the site is located 400 feet south of the intersection of County Road 54.
Operating Hours- Operating hours will be from 7:00 am to 5:00 pm.
Truckloads- The traffic will be dependent on demands. At a maximum, it is estimated that
10-15 loads a day would occur, or 3,000 or 4,000 loads a year annually.
Critical Areas- The entire site is located in the Rural Open Space district of the Minnesota
River Critical Area Corridor. The following conditions are to be added to the permit in
accordance with state critical area requirements:
1. The site contains trees along the western property boundary with the neighbors.
These trees shall be protected in accordance with State critical area requirements.
The applicant shall identify a tree buffer area on a map that indicated locations that
will not be disturbed.
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2. The applicant shall stay at least 40 feet back from the toe of the bluff when grading
that portion of the project. The applicant shall submit a modified site indicating the
toe of the bluff when grading is proposed in this part of the site.
3. The earthen berms shall immediately be seeded with a native grass mixture after
they are constructed.
4. The site above the water table shall also be planted with native vegetation at the end
of mining activities on the site.
RECOMMENDED ACTION
Approval of the Special Use Permit is recommended subject to the following conditions:
1. Expiration of the permit shall be June 30, 2013.
2. Holst Excavating shall file an annual report each January with the City Council to
provide an update on activities and operation on the site.
3. All PCA requirements shall be met and all permits received before the operation
of the plant.
4. The site must be watered as necessary to control dust.
5. Holst Excavating 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.
6. That the requirements of the city code concerning soil processing plants be
attached as conditions for permit approval and be adhered to by the applicant.
7. The applicant shall file with the local fire authority a material safety data sheet for
a flammable combustible liquid storage permit.
8. 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.
9. The applicant shall provide the city with a letter from the pipeline company
stating their awareness of the proposed gravel pit and any concerns they have.
10. The site is to be restored upon completions of the mining operation.
11. 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.
12. 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.
13. 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.
14. The applicant shall retain and protect all the existing trees in the wetland and
shoreland impact zone.
15. Any abandoned on-site wells shall be abandoned according to Dakota County
Ordinance No. 114.
16. Holst Excavating shall notify the City Planning Department if any excavation of
previously undisturbed areas reveals the presence of historic artifacts.
17. Operating hours are not to be in excess of 7:00 am to 5:00 pm Monday through
Saturday except holidays. In addition, Holst Excavating shall refrain from at all
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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, Holst Excavating 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.
18. All accesses to this property shall be gated or chained to prevent unauthorized
access to the site. Dakota County shall approve any new accesses.
19. Holst Excavating 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.
20. Vegetative cover as required by the City of Hastings Storm Water Management
Ordinance shall be restored on the steeply sloped portions of the site.
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.
21. Reclamation of each mining phase shall begin as part of the condition of moving
on to the next mining phase.
22. As applicable, the applicant shall be responsible for obtaining any water
appropriations or dewatering permits required from the State DNR.
23. 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.
24. 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.
25. The applicant shall notify well owners within a one mile radius of the gravel pit
the contact name, address, and phone number.
26. Processing of rock, aggregates, and recycled materials, including crushing,
washing, and stock piling.
27. Holst Excavating is permitted to operation on the land described by exhibit A.
ATTACHMENTS
Location Map
Application
Exhibit A