HomeMy WebLinkAboutItem 06.lSeptember 14, 2012 Item No.
PROPOSED ACTION
Staff recommends adoption of the following motion: Move to approve an amendment to the Nordic Square
Planned Unit Development (PUD) and adopt the findings of fact.
OVERVIEW
Aggregate Industries and McNamara Contracting are proposing an amendment to the Nordic Square Planned
Unit Development (PUD) to allow them to continue aggregate and asphalt production beyond December 31,
2012 and to allow site rehabilitation to occur by December 31, 2016. Aggregate Industries and McNamara
Contracting state that the proposed extension is due to the extended significant slowdown in the economy which
has resulted in a change to the anticipated completion of their operations on the property.
The Planning Commission held a public hearing on the PUD Amendment request at their September 6, 2012
meeting. There was public comment at the public hearing from three property owners as well as emails that
arrived prior to the public hearing both in support of and in opposition to the request. The Planning
Commission recommended unanimous approval subject to the five stipulations listed in the planning report.
PRIMARY ISSUES To CONSIDER
Does the proposed extension of aggregate processing comply with the timeframe outlined in the original Nordic
Square Planned Unit Development?
The PUD Amendment request is consistent with the original Nordic Square PUD, updated in 1993, which stated that
a "best effort attempt" will be made to complete operations by 2010. With the market demand for both the materials
produced on -site as well as the residential component in Spirit of Brandtjen Farm (SBF) factors beyond Aggregate
Industries and McNamara Contracting control for final determination of the completion of operations.
SUPPORTING INFORMATION
0 Signed PUD Amendment Agreement
0 Findings of Fact
0 September 6, 2012 draft Planning Commission meeting minutes
0 Emails from residents of Spirit of Brandtjen Farm
0 August 28012 planning report.
Frank Dempsey, AICP, Associate Planner
NORDIC SQUARE PLANNED UNIT DEVELOPMENT AMENDMENT
SEPTEMBER 17, 2012 CITY COUNCIL MEETING
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance, Comprehensive Plan, Nordic Square PUD
Notes:
[reserved for recording information]
AMENDMENT
TO NORDIC SQUARE
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGREEMENT made this day of , 2012, by and
between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and
AGGREGATE INDUSTRIES — MWR, INC., F/K/A AGGREGATE INDUSTRIES —
NORTH CENTRAL REGION, INC., a Minnesota corporation, doing business under the
assumed name of AGGREGATE INDUSTRIES MIDWEST REGION and McNAMARA
CONTRACTING, INC., a Minnesota corporation (collectively referred to herein as
"Aggregate /McNamara ").
RECITALS
A. By agreement dated May 15, 1972, the City approved a development plan for
property situated in the County of Dakota, State of Minnesota, and legally described as follows:
North One -Half of Section 1, Township 114 North, Range 20 West,
Dakota County, Minnesota, EXCEPT THAT PART described as follows:
Commencing at the northwest corner of the Southwest Quarter of the
Northwest Quarter of said Section; thence East 755.7 feet; thence South
231 feet; thence West 775.7 feet; thence North 231 feet to the place of
beginning ( "Subject Property ").
B. On May 4, 1994, the City issued a Planned Unit Development/Conditional Use
Permit ( "PUD /CUP ") and Excavation Permit for the Subject Property. The PUD /CUP
superseded and replaced the 1972 agreement. The PUD /CUP was subsequently amended, in
part, by PUD /CUP Amendments Nos. 97 -07 and 98 -18.
C. The City and Nordic Square Limited Partnership and Model Stone Company
entered into a Planned Unit Development Agreement for gravel mining operations, dated July
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1
17, 2000, recorded July 28, 2000, as Document No. 1707621 (hereinafter the "Nordic Square
PUD Agreement ") for the Subject Property.
D. The City and Tradition Development, Inc. entered into an Amendment to the
Nordic Square PUD Agreement to establish an asphalt plant to be located in the southeast corner
of the Subject Property, dated August 18, 2003, recorded January 9, 2004, as Document No.
526956.
E. The Subject Property was subsequently platted by SBF Development Corp. as the
SPIRIT OF BRANDTJEN FARM which was recorded on January 20, 2006.
F. The City and Aggregate Industries — North Central Region, Inc. entered into an
Amendment to the Nordic Square PUD Agreement to allow gravel mining operations 24 -hours a
day, seven days a week for the remaining timeframe of its mining lease with Cobblestone Lake,
LLC, dated March 17, 2008, recorded December 31, 2008 as Document No. 2628940.
G. The City and McNamara Contracting, Inc. entered into an Amendment to the
Nordic Square PUD Agreement to extend the asphalt plant operations to December 31, 2010,
dated May 5, 2008, recorded December 31, 2008 as Document No. 2628941.
H. The City, Aggregate Industries — North Central Region, Inc., and McNamara
Contracting, Inc. entered into an Amendment to the Nordic Square PUD Agreement to extend
the asphalt plant operations and aggregate processing to December 31, 2012 with cleanup and
reclamation of the site by December 31, 2013 dated March 1, 2010, recorded April 26, 2010 as
Document No. 2726793.
I. Aggregate/McNamara have submitted to the City an application to amend the
Nordic Square PUD Agreement to allow the aggregate processing and asphalt production on the
Subject Property to continue until December 31, 2014 with product sales and reclamation
through December 31, 2016. McNamara Contracting, Inc. has submitted to the City an
application to amend the Nordic Square PUD Agreement to allow the existing asphalt plant to
continue operating on the Subject Property until March 31, 2015, with cleanup and reclamation
of the site by December 31, 2016.
J. Except as specifically modified by this Amendment, the Nordic Square PUD
Agreement as previously amended and all other permits and agreements shall remain in full
force and effect.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. AMENDED PLANNED UNIT DEVELOPMENT APPROVAL. The City
hereby grants approval of this Amendment to the Nordic Square PUD Agreement, as previously
amended, to provide:
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2
(SEAL)
a. Aggregate processing shall cease on or before December 31, 2014.
Product sales shall cease on or before December 31, 2016.
b. Asphalt production shall cease on or before March 31, 2015.
c. The property must be restored by December 31, 2016.
d. The earthen berm currently located on the north side of the property east
of the existing Aggregate Industries 160th Street (CSAH 46) driveway
access will remain in place until asphalt and aggregate production
operations are completed on the site.
e. The operators shall maintain with the City a procedure for responding to
issues or complaints related to the aggregate processing and concrete and
asphalt production operation, which is to include the name, address and
telephone number of a responsible individual.
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2012, by Mark Bellows, Mayor, and by Charlene Friedges, City Clerk, of
the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
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CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
AND
Notary Public
3
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(ss.
COUNTY OF 'O ( -0111- , )
The f re ing(j.nst ent was acknowledged before me this h day of - ,
2012, by 1} . • . - , the G: M . of
Aggregate Indu es — M , Inc., a Minnesota corporation, doing business under the assumed
name of Aggregate Industries, on behalf of the corporation.
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AGGREGATE INDUSTRIES — MWR, INC.
BY: 4,0
4 ,I-±/*/r4
Notary Public
4
DORIS WALKER HIGGINS
Notary Public -Minnesota
My Commission Embes Jan 31, 2015
BARBARA J BAIFE
Notary Public
State of Minnesota
My Commission Expires
January 31, 2015
i
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McNAMARA CONTRACTING, INC.
BY:
5
Its
Public
re S,
STATE OF MINNESOTA )
(ss.
COUNTY OF ‘ a-‘(_61 - "e‘, )
The foregoing instrument was acknowledged before me this \. 0 day of Sc 0-
,
2012, by a\tkt i'1r jlc ma , the ?re c\ - of
McNamara Contracting, Inc., a Minnesota corporation, on behalf of the corporation.
(,G6(cAci J
FEE OWNER CONSENT
TO
AMENDMENT TO NORDIC SQUARE
PLANNED UNIT DEVELOPMENT AGREEMENT
NORDIC SQUARE LIMITED PARTNERSHIP, a Minnesota limited partnership, fee
owner of all or part of the subject property, the development of which is governed by the
foregoing Amendment to Nordic Square Planned Unit Development Agreement, affirms and
consents to the provisions thereof and agrees to be bound by the provisions as the same may
apply to that portion of the subject property owned by it.
COUNTY OF
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Dated this day of , 2012.
STATE OF MINNESOTA
(ss.
NORDIC SQUARE LIMITED PARTNERSHIP
By:
Its: General Partner
The foregoing instrument was acknowledged before me this day of
, 2012, by , a General
Partner of Nordic Square Limited Partnership, a Minnesota limited partnership, on behalf of said
partnership
Notary Public
6
COBBLESTONE LAKE, LLC, a Minnesota limited liability company, fee owner of all
or part of the subject property, the development of which is governed by the foregoing
Amendment to Nordic Square Planned Unit Development Agreement, affirms and consents to
the provisions thereof and agrees to be bound by the provisions as the same may apply to that
portion of the subject property owned by it.
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FEE OWNER CONSENT
TO
AMENDMENT TO NORDIC SQUARE
PLANNED UNIT DEVELOPMENT AGREEMENT
Dated this / //4 day of 5.6ereMeat012.
COBBLESTONE LAKE, LLC
B
SUSAN K BELEW
Notary Public
State of Minnesota
My Commission Expires
January 31 , 201 7
Its Chief Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF .1),4A7) 4 )
The foregoing instrument was acknowledged before me this //l day of
SZ , 2012, by f / K fttAl,okiKSo /\i , the Chief
Manager of Cobblestone Lake, LLC, a Minnesota limited liability company, on behalf of the
company.
Notary Public
7
INTERESTED PARTY CONSENT
TO
AMENDMENT TO NORDIC SQUARE
PLANNED UNIT DEVELOPMENT AGREEMENT
SBF DEVELOPMENT CORP., a Minnesota corporation, which has an interest in all or
part of the subject property, the development of which is governed by the foregoing Amendment
to Nordic Square Planned Unit Development Agreement, pursuant to that certain Option
Agreement with Cobblestone Lake, LLC, dated May 15, 2004, as amended, affirms and consents
to the provisions thereof and agrees to be bound by the provisions as the same may apply to that
portion of the subject property in which it has an interest.
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Dated this J/- A day of 5EPTEME.t12012.
SUSAN K BELEW
Notary Public
State of Minnesota
My Commission Expires
January 31, 2017
8
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF P4K74 )
The foregoing instrument was acknowledged before me this JN day of SINTAl Sf /'
2012, by TiAco.s ,ENEEAK , the P,ES I DENT of
SBF Development Corp., a Minnesota corporation, on behalf of the corporation.
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
LEAH M. SCHUMANN
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2015
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MORTGAGE HOLDER CONSENT
TO
AMENDMENT TO NORDIC SQUARE
PLANNED UNIT DEVELOPMENT AGREEMENT
U.S. BANK, NATIONAL ASSOCIATION, a national banking association, which holds
mortgages on all or part of the subject property, the development of which is governed by the
foregoing Amendment to Nordic Square Planned Unit Development Agreement, agrees that the
foregoing Amendment shall remain in full force and effect even it if forecloses on its mortgages.
Dated this 11 day of September, 2012.
U.S. BANK, NATIONAL ASSOCIATION
By.
Its Se for Vice President
The foregoing instrument was acknowledged before me this 11 day of September, 2012,
by Michael Raarup, the Senior Vice President of U.S. Bank, National Association, a national
banking association, on behalf of said national banking association.
I/ /
-'No ary Public
9
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
FINDINGS OF FACT
NORDIC SQUARE
PLANNED UNIT DEVELOPMENT AMENDMENT
On September 6, 2012 the Lakeville Planning Commission met at it's regularly
scheduled meeting to consider the request of Aggregate Industries and McNamara
Contracting for an amendment to the Nordic Square Planned Unit Development (PUD) to
allow continued gravel processing operations until December 31, 2014, asphalt production
operations until March 31, 2015 and cleanup and rehabilitation by December 31, 2016. The
Planning Commission conducted a public hearing on the proposed planned unit development
amendment preceded by published and mailed notice. The City Council hereby adopts the
following:
FINDINGS OF FACT
1. The property is currently zoned PUD, Planned Unit Development District.
2. The property is located in Planning District No. 11 and is classified as commercial
and mixed density residential in the 2008 Comprehensive Land Use Plan.
3. The legal description of the property is:
The North One -Half of Section 1, Township 114 North, Range 20 West, Dakota County,
Minnesota, EXCEPT THAT PART described as follows: Commencing at the northwest corner
of the Southwest Quarter of the Northwest Quarter of said Section; thence East 755.7 feet;
thence South 231 feet; thence West 775.7 feet; thence North 231 feet to the place of
beginning.
4. Section 11- 96 -17C of the Zoning Ordinance requires that a planned unit
development amendment be processed according to the requirements of Chapter
3 of the Zoning Ordinance which provides that an amendment may not be
approved unless certain criteria are satisfied. The criteria and our findings
regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
Official City Comprehensive Plan.
The proposed extension for aggregate processing and sales and asphalt production
operations on the subject property is consistent with the policies and provisions of
Planning District 11 of the Comprehensive Land Use Plan, the approved Nordic
1
Square Planned Unit Development and the Spirit of Brandtjen Farm Planned Unit
Development. The majority of the subject property is located outside the current
MUSA, as such City sanitary sewer cannot be extended to serve the development of
the property at this time.
b) The proposed use is or will be compatible with future land uses of the area.
The proposed extension for aggregate processing and asphalt production
operations will be compatible with existing and future land uses in the area as
identified in the Spirit of Brandtjen Farm Planned Unit Development given
conformance with the stipulations outlined in the planned unit development
amendment agreement.
c) The proposed use conforms with all performance standards contained
in this Code.
The proposed extension for aggregate processing and asphalt production operations
meets Zoning Ordinance requirements and the approved Nordic Square and Spirit of
Brandtjen Farm Planned Unit Developments.
d) The proposed use can be accommodated with existing public services
and will not overburden the City's service capacity.
The proposed extension for aggregate processing and for asphalt production
operations will not impact existing public services.
e) Traffic generation by the proposed use is within capabilities of streets
serving the property.
Traffic generation for the site will not change with the proposed planned unit
development amendment. The proposed extension for aggregate processing and
asphalt production operations will not impact the capacity of the streets serving
the property.
5. The planning report dated August 28, 2012 prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: September 17, 2012
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
Planning Commission Meeting Minutes, September 6, 2012 Page 5
7. Aggregate Industries and McNamara Contracting
Chair Lillehei opened the public hearing to consider the application of Aggregate
Industries, Inc. and McNamara Contracting, Inc. for an amendment to the Nordic
Square Planned Unit Development (PUD) to allow the continuation of sand and
gravel mining and processing and asphalt production operations beyond December
31, 2012 and rehabilitation beyond December 31, 2013, located south of 160 Street
(CSAH 46) and east of Pilot Knob Road (CSAH 31). The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
Bob Bieraugel, Manager of Environment and Land .`Services with Aggregate
Industries, Mike McNamara of McNamara Contracting, Kenny. Kellen, Lakeville Site
Manager for Aggregate Industries, and Jacob_ Fick of Traditio^ Development were
present at tonight's meeting. Mr. Bieraugel presented an overview of their request.
Mr. Bieraugel explained that it is because; of economic reasons that they are back
asking for another extension. He explained the operations of Aggregate Industries
and McNamara Contracting on the Nordic Square site
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated the applicants are proposing.. :an amendment,to the Nordic Square PUD to
allow an additional two years for'."the production and of aggregate materials,
until December 31, 2014, an additional 27 'months for'tie asphalt production, until
March 31, 2015, and an :additional three years'to allow property rehabilitation, until
December 31, 2016:` The':,slow economy has been cited as a reason for this
extension request as well as the extension that was requested in 2010.
Mr. Dempsey showed on:- .aerial_- photographs how the reclamation of the subject
property been' moving from west to..east: Mr. Dempsey stated that there were e-
mails distributed at tonight's meeting both for and against the PUD extension.
Mr; Dempsey stated;. that Planning Department and Engineering Department staff
recommend approval: :of the PUD amendment, subject to the 5 stipulations listed in
the August 28, 2012 planning report.
Chair Lillefei opened .the hearing to the public for comment.
Jacob Fick, SBF Development Corp.
Mr. Fick represents the owner of the land in Nordic Square. Mr. Fick stated that
there have been struggles due to the continued poor economy. He wishes that they
didn't have to be here requesting another extension, but the reality is that Spirit of
Brandtjen Farm is not ready to build in the current aggregate processing and asphalt
production area. He stated that they held a neighborhood meeting with previous
extension requests, but this time they chose to send a letter to the SBF residents,
which went out in February of 2012, explaining the proposed extension request. Mr.
Planning Commission Meeting Minutes, September 6, 2012 Page 6
Fick stated that they informed the residents in this manner so that neighbors for the
proposed extension would not be pitted against neighbors against the extension. He
indicated that they make themselves available daily for the neighbors to discuss any
concerns they have since Tradition Development has offices in the SBF
development. Mr. Fick completely understands why the applicants are asking for the
extension. He explained that they have plenty of land in the southern section of Spirit
of Brandtjen Farm to develop right now and do not have the need for development of
the north half of the property at this time. Mr. Fick indicated that Mr. Kellen,
Lakeville Site Manager for Aggregate Industries, is here tonight and has been very
responsive to any concerns the neighbors have raised in the past. Aggregate
Industries and McNamara Contracting has had only one ".complaint of lighting on site
in the past year.
Adriene Franklin, 16728 Asterbilt Lane
Ms. Franklin objects to this extension. She that they had ti sign off on an
addendum to their purchase agreement in ,Spirit of Brandtjen Farm with:regard to the
mining operation. While she does not want to.be confrontational, she felt there were
many different ways that Tradition Development: 'could have notified the residents
about the proposed extension. She cited a resident�;survey as an example.
Gary Franklin, 16728 Asterbilt Lane:,
Mr. Franklin is the Vice President of.#ie homeowners association for the Lakepointe
townhomes. He was caught by surprise, by this request. He does not remember
receiving a notice in the mail, regarding, this amendment. He felt that if it was
important enough: to sign off-, on their: purchase agreement that the mining will
continue until 2Q19, this, ex #ensign request should have been brought to their
attention in other ` ways. He` understands, the economic difficulty issue. He stated
that he does not see' benefit to the''Lakepointe townhomes with the extension.
He. indiicated tha miming operation is a nuisance with the noise, dust and traffic.
He :stated that the Lakepointe homeowner's association is suffering because Charles
Cudd builders walked away from building in their community and they are still trying
to fill :the shortfall for :.the reserve funding of the homeowner's association. Mr.
Franklin: felt that this agenda item should be tabled until everyone understands the
pros and cons of the, Oppose!. Mr. Franklin stated that he does not see the money
Tradition is getting_: from this enterprise flowing into the Lakepointe townhome
community.
John Viens, 16745 Asterbilt Lane
Mr. Veins stated this is the third time he has been before the Planning Commission
on this issue. With the first extension request, residents came in with a petition
objecting to the request because their signed purchase agreement included a
disclosure that the aggregate activities would be done by 2010. The residents
expressed their concerns at the public hearing. The residents were then able to
Planning Commission Meeting Minutes, September 6, 2012 Page 7
meet with the developer to talk things out and understand their position. He stated
there was some enumeration that was for the benefit of the community that they
thought was a good idea. With the second extension request, Mr. Enebak met with
the neighbors to explain the economic situation. His explanation made sense so the
neighbors supported the extension request. He congratulated Mr. Enebak for
sticking with this development during the tough economic times. Mr. Viens stated
that Mr. Enebak gave his word that he would not be coming back after the last
amendment. He indicated that he does not remember seeing the letter that SBF had
sent out in February. He found out about this extension request via an e-mail he
received and proceeded to inform other residents about: the request. He stated
there are 15 -20 residents that are very concerned about this latest extension
request. He also felt that this item should be tabled so that the residents can meet
with the developer to talk about the challenging economic situation and the benefits
that may be available to the residents.
David Wheeler, 15887 Eastchester Road
Nays: 0
Mr. Wheeler lives in the Cobblestone Lake development in Apple Valley: He wanted
to point out that this request also affects the - residents in Cobblestone Lake and felt
this item should be tabled toniglit._.so the developer, could meet with resident of the
Cobblestone neighborhood also to,discuss dust and other nuisance impacts.
Motion was made by Davis, seconded byBoerschel to close the public hearing
at 7:10 p.m. --
Ayes: Davis, Grenz, Drotning, Maguire, Boerschel, Lillehei
Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• = Ir ; .response: Q,a question raised by the Planning Commission, Mr. Bieraugel
= stated that the..Ready mix. plant shut down about two years ago and was the
most visible aspect,. of their; operation. The Ready Mix plant will be removed in
the''next few week: Mr. Bieraugel also stated that truck traffic is less than half of
what it:was four years ago due mainly to the lackluster economy.
• Noise control was::::discussed and Mr. Bieraugel indicated that the berms have
helped diminish; the noise level and they do not have the back -up beeping noise
from the trucks anymore due to complaints that were received from neighboring
residents.
• Mr. Bieraugel commented that by approving the extension request, Aggregate
Industries will be able to provide the most competitive prices to cities,
developers, and homeowners. He indicated that the second component to
staying on that property is that they are paying rent, paying taxes, and allowing
the Spirit of Brandtjen Farm developer to wait so they develop the right housing
product. He stated that mining is not going to disappear from this area of the
south metro.
Planning Commission Meeting Minutes, September 6, 2012 Page 8
• The Planning Commission asked what would happen if the aggregate and
asphalt operations discontinued on the Nordic Square property. Mr. Bieraugel
indicated they would move to the adjacent property to the east in Empire
Township and that the amount of truck traffic would increase because the gravel
would have to be processed elsewhere. He indicated that mining will continue
for another 20 -40 years in Empire Township.
• Mr. Bieraugel indicated that the last complaint they received for noise and dust
was about one year ago. More recently there was one complaint from an Apple
Valley resident regarding lighting. Mr. Kellen indicated that the lighting has to be
on 24 hours for safety, but he was able to change the angle of the lighting to
address the complaint.
• Chair Lillehei asked staff to explain the required legal notice procedure and what
a PUD is and how it works.
• The Planning Commission agreed that with the state of the economy the past few
years, the City is very fortunate to still be working with the same developer that
started the Spirit of Brandtjen Farm PUD:;
Motion was made by Drotning, seconded by_Daviii to recommend to City Council
approval of the Nordic Square Planned Unit Development amendment to allow the
continuation of sand and gray eV mining and processing and asphalt production
operations beyond December 31 2012 and rehabilitation beyond December 31,
2013, located south of 160 Street (CSAH: 46) and east., of Pilot Knob Road (CSAH
31), subject to the following stipulations:
1. Aggregate processing shall ioease on or before December 31, 2014 with
product: sales and, property rehabilitation completed by December 31,
2016 :.
2. Asphalt production'shall -cease on or before March 31, 2015.
3. ;- The provision the Pla :
Unit Development amendments approved
n " ",October' 20.2003, March'', 7, 2008 and March 1, 2010 shall remain in
full force and effect, except as modified by this Planned Unit Development
Amendrnent.
The earthen :berm currently located on the north side of the property east
of the existing Aggregate Industries 160 Street (CSAH 46) driveway
::access shall;: remain in place until processing and production operations
are completed'on the site
5. The,,. = operators shall maintain with the City a procedure for responding to
issuek*' complaints related to the aggregate processing and concrete
and asphalt production operation, which is to include the name, address
and phone number of a responsible individual.
Ayes: Grenz, Drotning, Maguire, Boerschel, Lillehei, Davis
Nays: 0
Morey, Daryl
From: Carl Stimson <carlstimson @me.com>
Sent: Wednesday, September 05, 2012 1:24 PM
To: Morey, Daryl
Subject: Oppose Request for Plant extension
Please use this e-mail as my formal objection to extending the Aggerate Process Plant and McNamara's requested
extension on the property N/O the Spirit of Brandtjen Farms.
Year after year the developer's ask for extensions to keep the plant operating. I first spoke at the Lakeville planning
meeting back in 2008? when they first asked for an extension. After negotiating with the property owner's at Brandtjen
Farms, we agreed with the "one time" extension for the plant to stay. Now, the developer's are wanting another
extension and I want to be on record as "opposing" their extension request.
As a property owner, I've had no notice from Tradition's Developer's (formal or informal), or McNamara as to their need
for an extension.
The address of my property is:
16749 Asterbilt Lane
Lakeville, MN 55044
Thanks you,
Carl & Denise Stimson
Sent from my iPad
1
Morey, Daryl
From: John Viens <vens @charter.net>
Sent: Wednesday, September 05, 2012 1:35 PM
To: Morey, Daryl
Subject: Objection to extension of Aggregate Industries and McNamara Asphalt Permit to Mine
Dear Mr. Morey,
Please use this e -mail as my formal objection to extending the Avgerate Process Plant and McNarnara's
requested extension on the property N/O the Spirit of Brandtjen Farms.
Year after year the developer's ask for extensions to keep the plant operating. I first spoke at the Lakeville
planning meeting back in 2008? when they first asked for an extension. After negotiating with the property
owner's at Brandtjen Farms, we agreed with the "one time" extension for the plant to stay. Now, the developer's
are wanting another extension and I want to be on record as "opposing" their extension request.
As a property owner, I've had no notice from Tradition's Developer's (folinal or informal), or McNamara as to
their need for an extension.
The address of my property is:
16745 Asterbilt Lane
Lakeville, MN 55044
John M Viens
Debra L Viens
1
Morey, Daryl
From: Franklin, Gary <gary.franklin @Imco.com>
Sent: Wednesday, September 05, 2012 1:59 PM
To: Morey, Daryl
Cc: Adriene Doray - Franklin
Subject: RE: EXTERNAL: Objection to extension of Aggregate Industries and McNamara Asphalt
Permit to Mine
Dear Mr. Morey,
My wife and I would also like to formally object, through this email, to Aggregate Industries and McNamara Asphalt's
request to extend mining operations past 2012. As Mr. Viens has pointed out, the first extension through 2012 was
agreed on a one -time basis and included financial compensation paid to Lakepointe as consideration for our agreeing to
the noise and disruptions associated with the extension. Similar to Mr. Viens, I did not receive any notification from
Tradition or McNamara regarding this request.
The address of my property is:
16728 Asterbilt Lane
Lakeville, MN 55044
Thank you.
Gary Franklin
Adriene Doray - Franklin
Gary Franklan
Multi- Functional Contracts Senior Manager, Offsets Senior Program Manager
International Trade Development and Offsets
3333 Pilot Knob Road, Eagan, MN 55121
Telephone: 651 -456 -2882
Facsimile: 651 - 456 -2780
email: pary.franklin(a�Imco.com
Cell: 240 - 447 -9982
Dear Mr. Morey,
1
From: John Viens [mailto:viensftcharter.netj
Sent: Wednesday, September 05, 2012 1:35 PM
To: dmorey(a>lakevillemn.gov
Subject: EXTERNAL: Objection to extension of Aggregate Industries and McNamara Asphalt Permit to Mine
Please use this e -mail as my faunal objection to extending the Aggerate Process Plant and McNainara's
requested extension on the property N/O the Spirit of Brandtjen Farms.
Year after year the developer's ask for extensions to keep the plant operating. I first spoke at the Lakeville
planning meeting back in 2008? when they first asked for an extension. After negotiating with the property
owner's at Brandtjen Farms, we agreed with the "one time" extension for the plant to stay. Now, the developer's
are wanting another extension and I want to be on record as "opposing" their e xtension request.
As a property owner, I've had no notice from Tradition's Developer's (formal or informal), or McNamara as to
their need for an extension.
The address of my property is:
16745 Asterbilt Lane
Lakeville, MN 55044
John M Viens
Debra L Viens
2
Morey, Daryl
From: Ann Fryklund <annfryklund @frontiernet.net>
Sent: Wednesday, September 05, 2012 2:59 PM
To: Morey, Daryl
Cc: gary franklin; Jack Viens
Subject: EXTENSION OF AGGREGATE INDUSTRIES AND MC NAMARA ASPHALT PERMIT TO
MINE
5ofin AND Ann Fryk1und
We support the opinion of the Franklins and the Viens. The upcoming meeting
scheduled for September 6, 2012 needs to be tabled until a meeting is held with the
neighbors.
Gary Frankfzn
Multi - Functional Contracts Senior Manager, Offsets Senior Program Manager
International Trade Development and Offsets
3333 Pilot Knob Road, Eagan, MN 55121
Telephone: 651 -456 -2882
Facsimile: 651 -456 -2780
email: Qary.franklinalmco.com
Cell: 240 -447 -9982
From: Franklin, Gary
Sent: Wednesday, September 05, 2012 1:59 PM
To: dmorey@Iakevillemn.gov
Cc: Adriene Doray - Franklin
Subject: RE: EXTERNAL: Objection to extension of Aggregate Industries and McNamara Asphalt Permit
to Mine
Dear Mr. Morey,
My wife and I would also like to formally object, through this email, to Aggregate Industries and
McNamara Asphalt's request to extend mining operations past 2012. As Mr. Viens has pointed out, the
first extension through 2012 was agreed on a one -time basis and included financial compensation paid
to Lakepointe as consideration for our agreeing to the noise and disruptions associated with the
extension. Similar to Mr. Viens, I did not receive any notification from Tradition or McNamara regarding
this request.
The address of my property is:
16728 Asterbilt Lane
Lakeville, MN 55044
Thank you.
Gary Franklin
Adriene Doray - Franklin
Gary Frankan
Multi - Functional Contracts Senior Manager, Offsets Senior Program Manager
international Trade Development and Offsets
3333 Pilot Knob Road, Eagan, MN 55121
Telephone: 651 - 456 -2882
Facsimile: 651 -456 -2780
email: pary.franklin(a�lmco.com
Cell: 240 - 447 -9982
From: John Viens [mailto:viens@charter.net]
Sent: Wednesday, September 05, 2012 1:35 PM
To: dmorey @Iakevillemn.gov
1
Subject: EXTERNAL: Objection to extension of Aggregate Industries and McNamara Asphalt Permit to
Mine
Dear Mr. Morey,
Please use this e -mail as my formal objection to extending the Aggerate Process Plant and
McNamara's requested extension on the property N/O the Spirit of Brandtjen Farms.
Year after year the developer's ask for extensions to keep the plant operating. I first spoke at the
Lakeville planning meeting back in 2008? when they first asked for an extension. After
negotiating with the property owner's at Brandtjen Farms, we agreed with the "one time"
extension for the plant to stay. Now, the developer's are wanting another extension and I want to
be on record as "opposing" their e xtension request.
As a property owner, I've had no notice from Tradition's Developer's (formal or informal), or
McNamara as to their need for an extension.
The address of my property is:
16745 Asterbilt Lane
Lakeville, MN 55044
John M Viens
Debra L Viens
2
Morey, Daryl
From: Gary <ssunshine3 @optonline.net>
Sent: Wednesday, September 05, 2012 8:17 PM
To: Morey, Daryl
Subject: Aggregate Process Plant and McNamara extension request
Dear Mr Morey,
At the suggestion of your voice mail returned to me today and myself not able to make the Thursday meeting
due to work obligations, please use this e-mail as my formal objection to extending the Aggerate Process Plant
and McNamara's requested extension Adjacent to the Spirit of Brandjen Farms sub division.
The developer has ask for extensions to keep the plant operating a number of times. A number of us spoke at
the Lakeville planning meeting a few years ago when they first asked for an extension. They then negotiated
with the property owner's at Brandtjen Farms, and we agreed with a "one time" extension for the plant to
stay. Now, the developer's are wanting another extension. Please record this e-mail as our opposition to this
request until they can address this issue with the homeowners, who have not, as far as I know, had notice.
The address of my property is:
16745 Asterbilt Lane
Lakeville, MN 55044
Gary Spinazze, President, Lakepointe Homeowners Association
Sara Spinazze
Sent from my iPad
1.
Morey, Daryl
From: Ursula <uandc @charter.net>
Sent: Wednesday, September 05, 2012 9:25 PM
To: Morey, Daryl
Subject: Process plant extention
Dear Mr. Morey,
Please use this e-mail as my formal objection to extending the Aggregate Process Plant and McNamara's
requested extension on the property N/O the Spirit of Brandtjen Farms.
Year after year the developer's ask for extensions to keep the plant operating. We first participated at the
Lakeville planning meeting back when they first asked for an extension. After negotiating with the property
owner's at Brandtjen Farms, we agreed with the "one time" extension for the plant to stay. Now, the developer's
are wanting another extension and I want to be on record as "opposing" their e extension request.
As a property owner, I've had no notice from Tradition's Developer's (formal or infoimal), or McNamara as to
their need for an extension.
The address of my property is:
16750 Asterbilt Lane
Lakeville, MN 55044
952 - 292 -8116
Curtis Armstrong
Ursula Armstrong
1
Morey, Daryl
From: John Viens <viens@charter.net>
Sent: Thursday, September 06, 2012 11:27 AM
To: Morey, Daryl
Subject: Fwd: EXTENSION OF AGGREGATE INDUSTRIES AND MC NAMARA ASPHALT PERMIT
TO MINE
Mr. Morey,
The following residents have asked that there emails expressing their opposition to the extension be forwarded
to you and, are attached for your review.
Regards,
John Viens
Begin forwarded message:
From: PETER ARRIGHI <parrighi @ msn.com>
Date: September 6, 2012 9:38:05 AM CDT
To: <viens @charter.net >, <maurertl @gmail.com >, <dnmbolles @aol.com >,
<flort @charter.net >, <ssunshine3 @aol.com >, <b roche @yahoo.com >,
"bparrighi @yahoo.com" <bparrighi @yahoo.com >, <tkcotton @msn.com >,
<rdunn8256 @ charter.net>
Subject: FW: EXTENSION OF AGGREGATE INDUSTRIES AND MC NAMARA
ASPHALT PERMIT TO MINE
We (Barbara and I ) would like to join our neighbors in the resistance of the extension. With all of the time that has
elapsed since the initial letter, we feel it is appropriate to have an Open Hearing first within the Spirit Community prior to
any final action or decision moving forward.
Respectfully,
Peter & Barbara
Subject: Fwd: EXTENSION OF AGGREGATE INDUSTRIES AND MC NAMARA ASPHALT PERMIT TO MINE
From: bparrighi@yahoo.com
Date: Thu, 6 Sep 2012 08:02 :22 -0500
To: parrighiCamsn.com
Sent from my iPad
Begin forwarded message:
From: Richard Dunn <rdunn8256charter.net>
Date: September 6, 2012 7:31:27 AM CDT
To: John Viens <vens @charter.net >, TERRANCE MAURER <maurert1 gmail.com >, Margaret Bolles
1
<dnmbolles @aol.com >, Tricia Flor <flort@charter.net >, Sara Spinazze <ssunshine3 @aol.com >, Barbara
Roche <b roche@yahoo.com>, Barb Arrighi <bparrighi @yahoo.com >, Keri Cotton
<tkcotton @msn.com>
Subject: Re: EXTENSION OF AGGREGATE INDUSTRIES AND MC NAMARA ASPHALT PERMIT
TO MINE
Add Judy and me to resisting the extension.
I've attached a letter we received from from Tradition last February declaring the extension though
2015/2016 (depending on how you interpret it). So, it's taken them since February to approach the city
regarding this extension. Did any of you receive this letter?
Is the city suppose to notify us of any hearing regarding any changes within so many feet of our
property? We have not received any such notification of a city hearing.
Rich
2
Jacob Fick
From: Moreno, Ramon <Ramon.Moreno @supermedia.com>
Sent: Thursday, September 06, 2012 9:12 AM
To: Jacob Fick
Cc: 'John Zydowsky' (john @traditionllc.com)
Subject FW: need your help please
To whom it may concern:
I am a resident of Spirit of Brandtjen Farms and we received a the letter sent by Tradition Development notifying
us of the proposal to extend of the mining and asphalt production permits. We understand that circumstances out
lined in their letter and are not opposed to the extension request.
Sincerely,
16916 E Lake Dr
Lakeville, MN 55044
Ramon Moreno
Division Manager
SuperMedia LLC
T: 651.675.4305 M: 952.300.5088 F: 877.408.8065
www.supermedia.com
sup €rpages
t1
O
wame
SuperguaranteE
1
Jacob Fick
From: Mike McNamara < m. mcnamara @mcnamaracontracting.com>
Sent Thursday, September 06, 2012 9:39 AM
To: Jacob Fick
Subject Mining /Asphalt Extension
To whom it may concern:
I am a resident of Spirit of Brandtjen Farms and we received a the letter sent by Tradition Development notifying
us of the proposal to extend of the mining and asphalt production permits. We understand that circumstances out
lined in their letter and are not opposed to the extension request.
Sincerely,
Mike and Marisa McNamara
16693 East Lake Dr.
Lakeville, MN 55044
952- 423 -5985
1
Jacob Fick
From: Tollefsrud, Patrick < Patrick. Tollefsrud @associatedfinancialgroup.com>
Sent: Thursday, September 06, 2012 9:42 AM
To: Jacob Fick
Subject: Mining /Asphalt Extension
Dear Jacob,
OR: To whom it may concern:
I am a homeowner /resident of Spirit of Brandtjen Farms and wanted to let you know that my family received a
the letter sent by Tradition Development notifying us of the proposal to extend of the mining and asphalt
production permits. The letter was clear, and laid out the proposed extension plans. We feel we understand
the circumstances outlined in the letter and based on what we've been told, do not see a reason to be
opposed to an extension request.
Sincerely,
Patrick Tollefsrud
16838 Eagleview Drive
Lakeville, MN 55044
Associated
Patrick A. Tollefsrud
Vice President 1 Senior Benefits Consultant
Associated Financial Group, LLC.
Office: 952.945.0200 I Cell: 651.334.5985 I Fax: 952.945.9477
12600 Whitewater Drive, Suite 100 1 Minnetonka, MN 55343
patrick.tollefsrud(E associatedfinancialgroup.com
www.associatedfinanciaigroup.com
** Recognized in 2010, 2011, & 2012 by Twin Cities Business Magazine, as "Five Star Health insurance Professional
Award" Recipient.
** Certified W.E.L.C.O.A. Wellness Workplace Practianer - Levels!, It &1H
This e -mail and attachment(s) may contain information that is privileged, confidential, and/or exempt from
disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby
notified that any dissemination, distribution, or copy of this message is strictly prohibited. If received in error,
please notify the sender immediately and delete /destroy the message and any copies thereof. Although
Associated Financial Group and/or its affiliates attempt to prevent the passage of viruses via e-mail and
attachments thereto, Associated does not guarantee that either are virus -free, and accepts no liability for any
damage sustained as a result of any such viruses. Any federal tax advice contained in this communication
1
Jacob Fick
From: Holmes, Scott < Scott. Holmes @associatedfinancialgroup.com>
Sent: Thursday, September 06, 2012 9:46 AM
To: Jacob Fick
Subject: Notification of Mining Extension
To whom it may concern:
I am a resident of Spirit of Brandtjen Farms and we received a the letter sent by Tradition Development notifying
us of the proposal to extend of the mining and asphalt production permits.
Thanks,
1 Associated
Scott Holmes
Employee Benefits. Insurance. HR Solutions.
Business Insurance Consultant! Associated Financial Group
Office: 952-945-0200 I Fax: 952-945-9477
12600 Whitewater Drive, Suite 100 1 Minnetonka, MN 55343
scott. hoimes PAssociatedfinancialgroup.com
Employee Benefits. Insurance. HR Solutions.
** Recognized in Twin Cities Business Magazine - "Five Star Health Insurance Professional" Award Recipient (2010,
2011 and 2012)
This e -mail and attachment(s) may contain information that is privileged, confidential, and/or exempt from
disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby
notified that any dissemination, distribution, or copy of this message is strictly prohibited. If received in error,
please notify the sender immediately and delete /destroy the message and any copies thereof. Although
Associated Financial Group and/or its affiliates attempt to prevent the passage of viruses via e-mail and
attachments thereto, Associated does not guarantee that either are virus -free, and accepts no liability for any
damage sustained as a result of any such viruses. Any federal tax advice contained in this communication
(including any attachments) is not intended or written to be used or referred to in the promoting, marketing, or
recommending of any entity, investment plan or agreement, nor is such advice intended or written to be used,
and cannot be used, by a taxpayer for the purpose of avoiding penalties under the Internal Revenue Tax Code.
1
Jacob Fick
From: Keith Olson <ifrivervalley @aol.com>
Sent Thursday, September 06, 2012 12:01 PM
To: Jacob Fick
Subject Mining & Asphalt Permits
To whom it may concern:
I am a resident of Spirit of Brandtjen Farms and we received a the letter sent by Tradition
Development notifying us of the proposal to extend of the mining and asphalt production permits. We
understand that circumstances out lined in their letter and are not opposed to the extension request.
Sincerely,
Keith Olson
Invisible Fence Twin Cities
Wagging Tails Pet Resort
612 -369 -2912
1
Jacob Fick
From: James Jacobson <jej112944@gmail.com>
Sent Thursday, September 06, 2012 12:20 PM
To: Jacob Fick
Subject: Minning and Asphalt extension
The extension has no effect on our property or lives what so ever and we support our developer and neighbor to
continue their operation as long as necessary. We did receive the notice of the extension plenty of time ahead
of the hearing so all issue should have been resolved before the hearing.
James and Georgianna Jacobson
16867 East Lake Dr
Lakeville Mn. 55044
1
Jacob Fick
From: Jeff LaCombe <jlac900 @hotmail.com>
Sent Thursday, September 06, 2012 1:10 PM
To: Jacob Fick
Subject Mining and Asphalt Production Letter
To whom it may concern:
I am a resident of Spirit of Brandtjen Farms and we received a the letter sent by Tradition Development notifying
us of the proposal to extend of the mining and asphalt production permits. We understand that circumstances out
lined in their letter and are not opposed to the extension request.
Jeff LaCombe
16947 Dynamic Dr
952.428.9297
1
Jacob Fick
To:
Subject
From: John Zydowsky [mailto: John .ZvdowskyCa�traditionllc.comi
Sent: Thursday, September 06, 2012 9:09 AM
To: Jeff LaCombe (ilac900(ahotmail.com)
Subject: need your help please
To whom it may concern:
I am a resident of Spirit of Brandtjen Farms and we received a the letter sent by Tradition Development notifying
us of the proposal to extend of the mining and asphalt production permits. We understand that circumstances out
lined in their letter and are not opposed to the extension request.
Sincerely,
John Zydowsky
16931 Dynamic Drive
Lakeville, MN 55044
John Zydowsky
Tradition Mortgage NMLS #286998
Vice President
612 -232 -8091 (cell)
952 - 252 -4664 (office)
952 - 252 -4665 (fax)
john .zydowskv((trad ition lic. com
www.traditioncompanies.com
NMLS # 369349
Tradition Mortgage - Home Office
6800 France Avenue South, #310
Edina, MN 55435
Tradition Mortgage - Spirit of Brandtjen Farms
16972 Brandtjen Farm Drive
Lakeville, MN 55044
John Zydowsky
RE: need your help please
www.TraditionComoanies.com
Capital Bank -- Development - Golf - Homes
Mortgage -- Realty -- Title - Wealth Management
NOTICE- CONFIDENTIAL INFORMATION: The information in this communication is strictly confidential. It is intended solely for the use of the individual
or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient, any dissemination, distribution, copying or other use of the information contained in this communication is strictly prohibited. If you have
received this communication in error, please first notify the sender immediately and then delete this communication from all data storage devices and
1
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: August 28, 2012
Subject: le Packet Material for the September 6, 2012 Planning Commission
Meeting
Agenda Item: Nordic Square Planned Unit Development Amendment (Aggregate
Industries and McNamara Contracting) to allow an extension to the
completion date for aggregate processing, asphalt production and
property rehabilitation.
Application
Deadline: October 6, 2012
BACKGROUND SUMMARY
Item No.
City of Lakeville
Planning Department
Aggregate Industries and McNamara Contracting are proposing an amendment to the Nordic
Square Planned Unit Development (PUD) to allow an extension to the timeline to complete
gravel processing operations and asphalt production on the Nordic Square PUD property. The
Nordic Square gravel processing and asphalt production area includes approximately 320 acres
south of 160t Street (CSAH 46) and east of Pilot Knob Road (CSAH 31).
Aggregate Industries is requesting an additional two years for the production and sales of
aggregate, until December 31, 2014, and three additional years to allow property rehabilitation,
until December 31, 2016. Aggregate Industries and McNamara Contracting are requesting the
extension due to the continued slow economic recovery that has resulted in reduced product
demand which in turn disrupted the anticipated timeline to vacate the property as outlined with
the March 1, 2010 Planned Unit Development Amendment. The 2010 Planned Unit
Development Amendment also cited the slow economy as a reason for the extension at that time.
Direction
Land use Plan
Zoning Map
Existing Use
West (Pilot Knob Rd)
L/M Density Res.
and Commercial
RST -2 /C -1 Districts
Undeveloped
North (Apple Valley)
MD Residential
and Commercial
PUD District
Cobblestone Lake Mixed Use
Development
East
N/A (Empire Twp)
N/A (Empire Twp)
Gravel Mine (Empire Twp)
South
L/M Residential
PUD District
SBF Mixed Use Development
EXHIBITS
A. Location and Zoning Map
B. Application narrative, dated August 22, 2012
C. Tradition Development's February 10, 2012 letter to SBF homeowners
D. Nordic Square and Area Properties
E. Nordic Square Property Aerial Photo
F. Photo of Concrete Plant to be Removed in 2012
STAFF ANALYSIS
The subject site has been operating as a sand and aggregate mine with various related production
facilities since 1972. The aggregate mining operator (Aggregate Industries) currently operates
under the provisions of the Nordic Square PUD, established in 1991 and amended in 2000, 2003,
2008 and 2010. The 2010 PUD Amendment extended the timeframe for the aggregate processing
and asphalt production timelines. Presently, aggregate is mined on the property to the east in
Empire Township and is conveyed to the Lakeville Nordic Square site where it is sorted,
stockpiled and sold.
The existing operations at Nordic Square are governed by a Planned Unit Development (PUD)
District as outlined in Section 11 -96 of the Zoning Ordinance. The proposed extended timeline
for operations within Nordic Square requires an amendment to the PUD District pursuant to
Section 11 -96 -21 of the Zoning Ordinance. The request is a change to the operations and site
rehabilitation timeline only. The concrete batch plant (Exhibit F) will be removed from the
property in the next month.
Aggregate Industries is permitted 24 hour per day operations seven days a week and McNamara
Contracting is permitted hours of 7:00 am to 7:00 pm, Monday through Saturday as allowed by
the Nordic Square PUD Amendment approved in 2010.
Surrounding Uses. The Nordic Square PUD is surrounded by the following land uses:
2
Access. Access to the Aggregate Industries mining operation is permitted from the existing paved
access at 160 Street (CSAH 46) and also from the access at Pilot Knob Road (CSAH 31) across
from Dodd Boulevard (CSAH 9). Access to the McNamara asphalt production facility is located
from a driveway off of 160 Street (CSAH 46) across from Diamond Path (CSAH 33).
Access restrictions onto Pilot Knob Road (CSAH 31) and 160 Street (CSAH 46) were instituted
with the 2008 PUD Amendment. Ingress and egress is restricted between the hours of 10:00 PM
and 6:00 AM and all day on Sundays for the access on 160 Street (CSAH 46) unless a public safety
issue arises as determined by City staff.
The reclamation phasing plan shows a possible future private access road for Aggregate Industries
that would be located off of the existing McNamara Contracting driveway across from Diamond
Path. This private road would only be constructed if development is proposed on the west side of the
property and the existing access for Aggregate Industries at CSAH 46 across from Elm Creek Lane in
Cobblestone Lake is used for that development. The map also identifies a 90 day notice to vacate the
driveway onto Pilot Knob Road (CSAH 31) if notified by the property owner. In the event of the
notice by the property owner (Cobblestone Lake, LLC) to vacate that driveway, Aggregate Industries
would construct the alternate driveway access from the existing McNamara Contracting driveway.
Dust Control. Dust control will be consistent with dust control measures currently in place
as part of the Aggregate Industries annual mining permit.
Existing Topography. The existing aggregate processing and asphalt production operations area
of the Nordic Square mine lie in a depression with an elevation of approximately 920 feet (sea
level). The area is screened with earthen berms. The north and south sides of the mining
property include large earthen berms at a height tall enough to affectively screen the operations
area from the residential homes in Spirit of Brandtjen Farm in Lakeville and the residential areas
across CSAH 46 in Apple Valley and Rosemount.
Beginning in 2009 and continuing this year, approximately 86 acres of the gravel mining and
block plant operations on the west side of the Nordic Square property have been or are
undergoing reclamation and restoration in preparation to achieve final grades and final site
restoration. The final restoration grading for the site has not yet received final approval from the
City.
RECOMMENDATION
The proposed extension to the completion date of gravel processing and asphalt production for
Aggregate Industries and McNamara Contracting is consistent with the present use of the site and
will not present compatibility issues given compliance with the recommendations outlined in this
3
report. Staff recommends approval of the Planned Unit Development Amendment subject to the
following stipulations:
1. Aggregate processing shall cease on or before December 31, 2014 with product sales and
property rehabilitation completed by December 31, 2016.
2. Asphalt production shall cease on or before March 31, 2015.
3. The provisions of the Planned Unit Development Amendments approved on October
20, 2003, March 17, 2008 and March 1, 2010 and shall remain in full force and effect,
except as modified by this Planned Unit Development Amendment.
4. The earthen berm currently located on the north side of the property east of the existing
Aggregate Industries 160 Street (CSAH 46) driveway access shall remain in place until
processing and production operations are completed on the site.
5. The operators shall maintain with the City a procedure for responding to issues or
complaints related to the aggregate processing and concrete and asphalt production
operation, which is to include the name, address and phone number of a responsible
individual.
4
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EXHIBIT A
En
Tow
August 22, 2012
Frank Dempsey
Associate Planner
201951 Holyoke Avenue West
P.O. Box 957
Lakeville, MN 55044
Re: Amendment — Nordic Square Limited Partnership PUD
Dear Mr. Dempsey,
An Ewe Oppertun ty E,nr4}'N
AGG REGATE
INDUSTRIES
Aggregate Industries and McNamara Contracting are seeking a PUD /CUP amendment
for the Nordic Square property. We propose to extend the permit term to allow
production of aggregate and asphalt products for two additional years, through December
31, 2014. The amendment would also permit reclamation and product sales through
December 31, 2016.
The original permit to mine the property was issued in 1972. In 1994 the City issued a
PUD /CUP for extraction. The original permit and the original PUD allowed an open
time limit to complete mining. The 2003 permit advises that the company would ...
"make a best effort attempt to complete mining operations by 2010." When Tradition
Development, Inc. purchased the development rights for the Nordic Square property, our
permits and our lease were amended to establish a certain end date (Dec. 31, 201 1) for
mining and accessory operations. In 2009 we applied for and received an extension to
allow production through 2012 with reclamation in 2013.
Market conditions have not improved since the last extension was approved in 2009. The
demand for construction aggregates and asphalt materials is still about half of what it was
in 2004. Consequently Aggregate Industries has closed its concrete block business and
has not operated its ready mix concrete plant at this site since September of 2010. The
rate of production has slowed so much that it will be impossible for the companies to
process and sell our aggregate reserves from the adjacent mining property in Empire
Township by December 31, 2012.
AGGREGATE INDUSTRIES
MIDWEST REGION
2915 Waters Road Suite 105
Eagan, MN 55121
Telephone (651)683 -0600
Facsimile (651)683 -8108
www.aggregate•us.com
An AGGREGATE INDU> IT B
AGGREGATE
INDUSTRIES
We propose to continue extraction and processing of the Empire aggregate deposit
through December 31, 2014. In 2015 we will dismantle our plants and buildings. The
McNamara asphalt plant will be removed and the asphalt site reclaimed by March 31,
2015. By December 31, 2015 all of Aggregate Industries' buildings and plant equipment
will be gone and most of the aggregate products will be sold. We will sell any remaining
aggregate products and reclaim the last few acres on the east half of the Nordic Square
property by December 31, 2016.
This year (2012) Aggregate Industries has cut down the large sand pile that is located
along the southern edge of the property to an elevation equal to or less than the adjacent
screening berm. We will also remove the idled ready mix plant before the end of the
year.
Refer to the attached Exhibit A for a recent aerial view of the site and the surrounding
land uses. Refer to Exhibit B for a closer view of the Nordic Square property. You can
see, from these air photo exhibits, that the west half of the site has been restored to a
buildable grade and the former settling ponds have been cleaned out and shaped to their
final configuration.
Please refer also to the letter from Tradition Development dated February 10, 2012 which
was mailed to the Brandtjen Farms residents. It notifies the residents of our proposed
extension and requests their comments or concerns. The residents understand the
situation and have expressed appreciation for the efforts of Tradition and have not raised
any concerns, The Tradition letter proposed end dates that are different from what is
proposed in this amendment. The asphalt operation was to end by 12/31/2015. The site
lease provides that March 31, 2015 will be the actual end date for the asphalt operation.
June 1, 2016 was the proposed completion date for the aggregate operations. We have
negotiated an extension of the lease through 12/31 /2016 to allow for some additional time
to sell the recycled concrete which will be produced during the final building demolition
at the site.
I also enclose a copy of the surrounding property owner search which was conducted by
DCA Title on July 25, 2012 and a check in the amount of $1,500 to cover the application
fee and the escrow amount.
Please call me at 651- 683 -8123 if you have any questions or if you need anything else.
Also, please inform your Planning Commissioners and City Council members that we
would be happy to give them a tour of our facility and the Brandtjen Farms development.
Tours can be individual or in a group and pretty much on any schedule. Staff is also
welcome any time.
Sincerely
R. ert H I3ie rig
Mgr, Envient and Land Services
C:
Tip Enebak
Jacob Fick
Mike McNamara
Don Sedgeman
Kenny Kellen
AGGREGATE
INDUSTRIES
Sincerel
ake Enebak
jake. enebak@tradixiondevelonment.com
Phone Ext. 101
TRADITION
dey , sce
Subject Nordic Square Asphalt Plant, Concrete Plant and Sand & Gravel Processing
Dear Spirit of Brandtjen Farm Residents,
As you are aware the current permitting for the above operations with the City of Lakeville requires that all
production operations cease as of 12/31/2012. The operators then have until 12/31/2013 to remove all
products and restore the site.
Unfortunately the residential and commercial real estate markets have yet to recover. Therefore, Tradition will
not be able to use any of the Nordic property until we have completed and sold more lots in the first phases
of Spirit of Brandtjen Farm As a result we will ask the City of Lakeville to extend the sand and gravel
processing and sales operations along with the bituminous asphalt plant operations permit thru 12/31/2014
and to pennnit sales and clean up thru 6/01/2016. This extension will be for the sand & gravel processing and
bituminous asphalt operations. Restoration of the land the asphalt plant occupies would be completed by
12/31 /2015. As part of this change the concrete production plant, as shown on the attached photo, will be
completely removed by 12/31/2012 by Aggregate Industries. McNamara Contracting has extended the berm
further to the east to further screen their plant from the views from the south.
If the sales in Spirit of Brandtjen Farm pick up such that we need to start developing lots in Nordic Square
we have the ability to keep the gravel processing off the Westerly parcels and have them exit the site via 160th
at Diamond Path Road.
We don't like having to come to you again with another change and we're sorry that we haven't been able to
move lots at a faster pace but the down market continues to create challenges for us all. We want you to
know that we're working hard to hold the values in this community and make it a great place to live for all of
you. If you have any concerns or questions about this please feel free to contact us 952 -322 -8700 or by email
at the addresses listed below.
J acob Fick
jacob. rick@traditiondevelopment.com
Phone Ext. 102
2/10/2012
A TRADITION COMPANY . EXHIBITC
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/ i I /
6800 France Avenue South, Suite 178, Edina, Minnesota 55435 • Phone: 952.920.5100 + Fax: 952.920.8900 • Toll Free: 888.920.0031
EXHIBIT D
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