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Home My WebLink About20100621 - VIII-B-6Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner, AICP Date: June 21, 2010 Subject: Special Use Permit #2010 -26 — Hoist 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. ATTACHMENTS • Resolution • Location Map • Application • Exhibit A 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. 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. 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. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A SPECIAL USE PERMIT TO ALLOW HOLST EXCAVATING TO CONDUCT SOIL PROCESSING AT A SITE LOCATED AT THE INTERSECTION OF CSAH 54 AND 91, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, William Holst has petitioned for a Special Use Permit to operate a Soil Processing Plant at property legally described as: ALL S OF HSTGS & RAVENNA RD OF W 1/2 OF NE 1/4 EX PT SW OF GLENDALE RD EX S 1072 FT LYING W OF E 275.35 FT & EX S 200 FT OF E 275.34 FT LOT 027540 BLOCK 3511517 AND PT OF E 1/2 OF NE 1/4 S OF CR 954 & LYING N OF LINE COM SW COR N 76.30 FT TO BEG OF LINE N 71D07M58S E 139320FT TO E LINE & THERE TERM EX 14.72 ACS RR EX COM NE COR W 166.22 FT S OD09M 40S W 1138.84 FT TO C/L CR #54 & PT OF BEG W ON C/L 300 FT S 131)19M49S W 948.57 FT N 71D 19M27S E 352.23 FT N 131)19M49S E 789.92 FT TO BEG EX PARCEL 19- 03500 -016- Ol BLOCK 3511517; and WHEREAS, on June 14, 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 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 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. 28. 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. 29. 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. 30. The earthen berms shall immediately be seeded with a native grass mixture after they are constructed. 31. The site above the water table shall also be planted with native vegetation at the end of mining activities on 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 June 21, 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 21 day of June, 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 S Land Use Application Address or PID of Property: G C)'_�'_ (L -- 9 1 0" C�' 5 Applicant Name: Address: A).3qql Email: Description of Request: DepaIft of�Planning E RA 1014" Street East, Hastings, MN 55033 p.651- 480 -2350 f. 651 -437 -7082 www.d.hastings.mn.us Property Owner: <.L,- Address: Phone: Fax: Email: f IAA .o n t 1 IA- � If requesting site plan review of multi- family units (three or more attached), are the units intended to be for sale or rental units? Check Applicable Line(s) Please Note Rezone Final Plat Variance Vacation House Move Prelim Plat Site Plan $500 $600 .$250 $400 $500 $500 + escrow $500 + escrow Total Amount Due: $ 'ROCS . 00 Plea en ure t 11 co ies of required documents are attached, Appl' ant Signature Date Owner Signature Date L'In No i5't Applicant Name and Title - Please Print Owner Name -- Please Print All Fees and Escrows are due at time of application. Minor Subdivision $500 Special Use Permit $500 Comp Plan Amend: $500 Lot Split/Lot Line Adj. $50 Annexation $500 plus legal expenses EAW $500 + $1,000 escrow Make checks payable to City of Hastings. Credit cards also accepted. OFFICIAL USE ONLY File # Rec'd By: � � Date Rec'd: 5 - LS - 4 O Fee Paid: ', Receipt # O. d I `i 3 App. Complete m -h' 4� u I hsm� I I i� 1 f � I TEN __,______.._t- I B �_ bi n I I °6 ° E I e t t t t 1 l 1 l t i F R tYt. t t 5 l I ' I r I oRVr[ 1 1 I a.eo. r �g I+1 I llr I tS ] nc.eo ° , r z¢s� I 1 �zrre � I 1 � 3. 2.6Sd0.Y arKy r r I 1 . I M s - rt h r � g � g ti 8 I V1 - P 7 a (K. S � Q I �E n� 4 - i I a tk 's No VN ' 1 ' r I it'MM _ r 1 FR` 3 - �5 M g is Ey 3 g c a .a € g R R oe 6i el5 f�?y ^ �S.'Yo b as35 F ^`•x3?. =�.; S ac °�. FaP� oac P?= 3 z l•saF 7 7 I �.. i qrn ..g anoacaga �� K n� No VN ' 1 ' r I it'MM _ r 1 FR` 3 - �5 M g is Ey 3 g c a .a € g R R oe 6i el5 f�?y ^ �S.'Yo b as35 F ^`•x3?. =�.; S ac °�. 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