Loading...
HomeMy WebLinkAboutItem 06.gLakevi(fe February 23, 2010 Item No. NORDIC SQUARE PLANNED UNIT DEVELOPMENT AMENDMENT 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 as listed on the consent agenda for the March 1, 2010 City Council meeting. OVERVIEW Aggregate Industries and McNamara Contracting are proposing an amendment to the Nordic Square Planned Unit Development (PUD) to allow continued gravel processing and concrete and asphalt production on the property until December 31, 2012 with cleanup and reclamation of the site by December 31, 2013. This request coincides with an extended timeframe to the property tenants authorized by Cobblestone Lake, LLC, the owner of the property. Aggregate Industries and McNamara Contracting state that the proposed extension is due to a significant slow down in the economy resulting 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 February 18, 2010 meeting. There was no public comment at the public hearing but there were numerous lemails submitted in support of the request. The Planning Commission recommended unanimous approval subject to the six stipulations listed in the draft Planning Commission meeting minutes, which have been incorporated into the PUD Amendment agreement. 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 for the material produced on-site and substantial residential development on the property as factors beyond their control for final determination of the completion of operations. SUPPORTING INFORMATION 0 Signed PUD Amendment Agreement. 0 Findings of Fact. 0 February 18, 2010 draft Planning Commission meeting minutes. 0 Emails supporting the PUD amendment request. 0 February 11, 2010 planning report. 0 January 21, 2010 planning report. 0 March 6, 2008 Planning Commission meeting minutes. ��4�t► Frank Dempsey, aAssociat9lPla-nn 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 , 2010, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and AGGREGATE INDUSTRIES — NORTH CENTRAL REGION, INC., a Minnesota corporation, doing business under the assumed name of AGGREGATE INDUSTRIES NORTH CENTRAL 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 150243v03 1 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 M 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. Aggregate Industries - North Central Region, Inc. has submitted to the City an application to amend the Nordic Square PUD Agreement to allow the aggregate processing and concrete production on the Subject Property to continue until December 31, 2012 and 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 December 31, 2012, with cleanup and reclamation of the site by December 31, 2013. Pursuant to the conditions of the Nordic Square PUD Amendment dated March 17, 2008 described in paragraph F above, the aggregate processing and concrete and asphalt production on the Subject Property are to cease on December 31, 2010; and pursuant to the conditions of the Nordic Square PUD Amendment dated May 5, 2008 described in paragraph G above, operation of the asphalt plant and removal of the facility, including any necessary restoration of the site in accordance with approved plans, must be completed no later than December 31, 2010. I. Except as specifically modified by this Amendment, the Nordic Square PUD Agreement 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 dated July 17, 2000 described at paragraph C above and the Amendment to Nordic Square PUD Agreement dated August 18, 2003 described at paragraph D above, the Amendment to Nordic Square POD Agreement dated March 17, 2008 described at paragraph F above, and the Amendment to Nordic Square PUD Agreement dated May 5, 2008 described at 150243v03 2 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 paragraph G above (hereinafter collectively the "Amendments"), to allow aggregate processing and concrete and asphalt production to continue on the Subject Property until December 31, 2012 and to allow the existing asphalt plant to continue operating on the Subject Property until December 31, 2012, with cleanup and reclamation of the site completed by December 31, 2013, and on condition that Aggregate/McNamara enter into this Amendment and furnish the security required by it. Notwithstanding anything in this document to the contrary, subject to non -conforming use rights the City may require compliance with any amendments to the City's Comprehensive Plan, zoning ordinance, planned unit development ordinance, subdivision ordinance, official controls, platting or dedication requirements enacted after the date of this Amendment. 2. CONDITIONS OF APPROVAL. The City's approval of this Amendment is subject to and conditioned upon the following: a. Operation of the aggregate processing and concrete and asphalt production shall cease on or before December 31, 2012, with property restoration completed by December 31, 2013. b. 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 processing and production operations are completed on the site. C. 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. d. The hours of operation for the asphalt production shall be restricted to 7:00 am to 7:00 pm, Monday through Saturday. e. Ingress and egress for the asphalt plant shall be restricted to the existing access on 160th Street (CSAH 46). f. The provisions of the Nordic Square PUD Agreement and all Amendments thereto shall remain in full force and effect, except as specifically modified by this Amendment. 3. EXHIBITS. The City grants approval of this Amendment to Nordic Square PUD Agreement in accordance with the following exhibits, which are on file at Lakeville City Hall. The exhibits are not attached hereto. If the exhibits vary from the written terms of this Amendment, written terms shall control. The exhibits are: 150243v03 3 LKVL:Nordic Square PUD Amendment #4 SRN:r02/ 19/2010 Exhibit A: Location and Land Use Plan Map Exhibit B: Aggregate Industries Application Narrative Exhibit C: Aggregate Industries Reclamation Phasing Plan (4 pages) Exhibit D: McNamara Contracting Application Narrative 4. COMPLIANCE WITH PERMIT AND LICENSES. Operation of the Nordic Square asphalt plant and the Nordic Square gravel mining operation will be subject to annual review as part of re -issuance of the gravel mining permit for gravel mining operations on the Subject Property. 5. COMPLIANCE WITH LAWS AND REGULATIONS. Aggregate/McNamara represent to the City that the asphalt plant and the gravel mining operation comply with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to: planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations. Aggregate/McNamara agree to comply with such laws and regulations. 6. LICENSE. Aggregate/McNamara hereby grant the City, its agents, employees, and officers a license to enter the Subject Property to perform all necessary work or inspections deemed appropriate by the City. Any access to the Subject Property shall be preceded by appropriate notice and all persons must have hazard training and shall be accompanied, while on the Subject Property, by a Competent Person. 7. ENFORCEMENT. Aggregate/McNamara shall reimburse the City for costs incurred in the enforcement of this Amendment, including reasonable engineering and attorney's fees. Aggregate/McNamara shall pay in full all bills submitted to them by the City within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be subject to an eighteen percent (18%) per annum interest charge. 8. MISCELLANEOUS. A. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Amendment is for any reason held invalid as a result of a challenge brought by Aggregate/McNamara, their agents or assigns, the City may, at its option, declare the entire agreement null and void and approval of this Amendment shall thereby be revoked. B. The action or inaction of any party to this Amendment shall not constitute a waiver or amendment to the provisions of this agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. Any party's failure to promptly take legal action to enforce this agreement shall not be a waiver or release. C. This Amendment shall run with the land and shall be recorded against the title to the property on which the gravel mining operation and asphalt plant are located, as identified above. Aggregate/McNamara covenant with the City, its successors and assigns, that 150243v03 4 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 Aggregate/McNamara is well seized in fee title of the property subject to this Amendment and/or has obtained consents to this Amendment, in the form attached hereto, from all parties who have an interest in the Subject Property; that there are no unrecorded interests in the Subject Property; and that Aggregate/ McNamara will indemnify and hold the City harmless for any breach of the foregoing covenants. D. This Amendment shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. E. Third parties shall have no recourse against the City under this Amendment. F. Except as otherwise provided herein, Aggregate/McNamara shall pay all costs incurred by it or the City in conjunction with the development of the asphalt plant and gravel mining portion of the PUD, including but not limited to Soil and Water Conservation District Charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, and the preparation of this Amendment. G. Aggregate/McNamara shall hold the City and its officers, employees, and agents harmless from claims made by themselves and third parties for damages sustained or costs incurred resulting from this Amendment, PUD approval, and/or development of the Subject Property. Aggregate/McNamara shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. H. If Aggregate/McNamara breach the terms of this Amendment, the City may order that asphalt plant operations cease until the breach has been remedied and Aggregate/McNamara will comply with such instruction from the City to cease operations. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 9. NOTICES. Required notices to Aggregate/McNamara shall be in writing, and shall be either hand delivered to Aggregate/McNamara, their employees or agents, or mailed to Aggregate/McNamara by certified mail at the following addresses: AGGREGATE: Aggregate Industries - North Central Region, Inc. 2915 Waters Road, Suite 105 Eagan, Minnesota 55121 Attention: Robert H. Bieraugel 15024303 5 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 r A - McNAMARA: McNamara Contracting, Inc. 16700 Chippendale Avenue West Rosemount, Minnesota 55068 Attention: Michael McNamara Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. (SEAL) STATE OF MINNESOTA ( ss. COUNTY OF DAKOTA CITY OF LAKEVILLE AND Holly Dahl, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2010, by Holly Dahl, 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. NOTARY PUBLIC 150243x03 6 SRN:r02/19/2010 LKVL:Nordic Square PUD Amendment #4 A I T AGGREGATE INDUSTRIES — NORTH CENTRAL REGION, INC. BY: Its STATE OF MINNESOTA ) ( ss. COUNTY OF4'. ) The foregoing instrument was acknowledged before me this `� day of zt (a -L44 2010, by L`7if the ",u -Lr�'C b ✓)t'at n-1ZA-; of Aggregate Industri s — North Central Region, Inc., Inc., a Minnesota corpo ation, doing business under the assumed name of Aggregate Industries North Central region, on its behalf. 4FDORI.S WALKER MOGINS NOWY ,�, Wv*MjW$%>t 0 NOTARY PUBLIC 150243v03 7 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 A R' McNAMARA CONTRACTING, INC. Its�— STATE OF MINNESOTA ) ` (SS. COUNTY OF The foregoing instrument was acknowledged before me this day of �7 2010, by the of McNamara Contracting, Inc., a Minnesota corporation, on behalf of the corporation. > BARBARA J BALFE Jle a Notary Public ARY PUBLIC % State of Minnesota My Commission Expires • ,M + January 31, 2015 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN 150243v03 8 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 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. Dated this C day of STATE OF MINNESOTA ) 41�17-19 )ss. COUNTY OF eni,) 2010. NORDIC SQUARE LIMITED PARTNERSHIP ti By: Its: neral Partner r .The foregoing instrument was acknowledged before me this � �� day of l - r , 2010, by a General Partn r of Nordic Square Limited Partnership, a Minnesota limited partnership, on behalf of said partnership o ry Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN 150243v03 SRN:r02/19/2010 OT. � Jan. 31, 2013 s y LKVL:Nordic Square PUD Amendment #4 FEE OWNER CONSENT TO AMENDMENT TO NORDIC SQUARE PLANNED UNIT DEVELOPMENT AGREEMENT 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. Dated this Z2- day of v%YL , 2010. COBBLESTONE LAKE, LLC Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowlle�ged bef re me this Z� day of is y- %,/ 2010, by �v, K G. �t r►C�d'� ��,� the Chief Manage of Cobblestone Lake, LLC, a Minnesota limited liability company, on behalf of the company. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN 15024303 SRN:r02/19/2010 o ry Public 30T0, 10 LKVL:Nordic Square PUD Amendment #4 4k . , 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. Dated this Z-1 day of �t6x-k'N (; W , 2010. STATE OF MINNESOTA ) ss. COUNTY OF ;, e -,,, ) The foregoing instrument 2010 �.�fs;d - behalf of the corporation. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN SBF DEVELOPME was acknowledged before me #hh* 2/ day of by _ % c�a� �r�.�ha �C , the of SBF Development Corp., a Minnesota corporation, on 150243v03 11 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 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 day of , 2010. U.S. BANK NATIONAL ASSOCIATION Its STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2010, by , the of U.S. Bank National Association, a national banking association, on behalf of said bank. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN 150243v03 12 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 ! . 4 SECURED PARTY INTEREST CONSENT TO AMENDMENT TO NORDIC SQUARE PLANNED UNIT DEVELOPMENT AGREEMENT GENERAL ELECTRIC CAPITAL CORPORATION, a corporation under the laws of the State of Delaware, which has a secured party 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 Financing Statement executed by McNamara Contracting, Inc., a Minnesota corporation, as debtor, filed August 23, 2004 as Document No. 2240781, agrees that the foregoing Amendment shall remain in full force and effect even if an event of default occurs under the aforementioned Financing Statement. Dated this day of , 2010. GENERAL ELECTRIC CAPITAL CORPORATION By: Its STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ 2010, by of General Electric Capital Corporation, under the laws of the State of Delaware, , on behalf of said corporation. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN day of , the a corporation 150243v03 13 LKVL:Nordic Square PUD Amendment #4 SRN:r02/19/2010 4 . 4 . CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT NORDIC SQUARE PLANNED UNIT DEVELOPMENT AMENDMENT On January 21, 2010 and February 18, 2010 the Lakeville Planning Commission met at it's regularly scheduled meetings 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 and concrete and asphalt production operations on the property until December 31, 2012 with cleanup and reclamation of the site by December 31, 2013. The Planning Commission conducted a public hearing on the proposed planned unit development amendment preceded by published and mailed notice. The applicants were present and the Planning Commission heard testimony from all interested persons wishing to speak. 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 11-96-21A of the Zoning Ordinance requires that a planned unit development amendment be processed according to the requirements of Chapter 4 of the Zoning Ordinance which provides that a minor planned unit development 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 two year extension for aggregate processing and concrete 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 and in the approved Nordic Square Planned Unit Development (PUD). b) The proposed use is or will be compatible with future land uses of the area. The proposed two-year extension for aggregate processing and concrete and asphalt production operations will be compatible with existing and future land uses in the area 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 two-year extension for aggregate processing and concrete and asphalt production operations meets Zoning Ordinance requirements and the approved Nordic Square PUD. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed tow -year extension for aggregate processing and concrete and 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 two-year extension for aggregate and concrete and asphalt production operations will not impact the capacity of the streets serving the property. 5. The planning reports dated January 15 and February 11, 2010 prepared by Associate Planner Frank Dempsey and Planning Director Daryl Morey, respectively, are incorporated herein. DATED: March 1, 2010 2 CITY OF LAKEVILLE BY: BY: Holly Dahl, Mayor Charlene Friedges, City Clerk Planning Commission Meeting February 18, 2010 Dip ?"A A F T Page 2 ... ITEM 6. NORDIC SQUARE (TABLED AT THE JANUARY 21, 2010 PLANNING COMMISSION MEETING) Chair Davis 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 processing and asphalt production operations until December 31, 2013, located south of 160th Street (CSAH 46) and east of Pilot Knob Road (CSAR 31). The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Bob Bieraugel from Aggregate Industries presented an overview of their request. Mr. Bieraugel reviewed the reclamation phasing plan and indicated that the northwest quadrant of the Nordic Square property will be reclaimed by June 2010. He stated that the restoration process will also include dismantling equipment, pulling and crushing concrete footings, and hauling the last of the product piles off site. Mr. Bieraugel clarified that Aggregate Industries and McNamara Contracting are requesting a two year extension of their aggregate processing and concrete and asphalt production to December 31, 2012 with reclamation completed by December 31, 2013. Mr. Bieraugel explained that all complaints they receive are recorded in an internal system. They record the details of who called and what the complaint is and then enter an action item for each call. He indicated that all calls are returned promptly. He indicated that their books are open for City staff inspection. The following phone numbers were provided by Mr. Bieraugel: Bob Bieraugel's cell phone number 651-683-8123 Kenny Kellen s cell phone number 612-490-4551 Hotlline (after hours) 651-683-8102 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Planning Department staff recommends approval of the Planned Unit Development amendment, subject to the 6 stipulations listed in the January 15, 2010 planning report. Chair Davis opened the hearing to the public for comment. Planning Commission Meeting February 18, 2,010 DKAFTPage 3 There were no comments from the audience. 10.09 Motion was made and seconded to close the public hearing at 6:51 p.m. Ayes: Glad, Maguire, Lillehei, Davis, Adler, Grenz, Drotning. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: • Clarified Stipulation 3: ..."until processing and production operations are completed..." • The Planning Commission felt that given the current state of the economy and the housing market, this PUD amendment is appropriate. • Confirmed that the northwest quadrant of the Nordic Square property won't be entirely reclaimed until June of 2010. 10.10 Motion was made and seconded to recommend to City Council approval of an amendment to the Nordic Square Planned Unit Development to allow the continuation of sand and gravel processing, and asphalt production operations until December 31, 2013, located south of 160th Street (CSAR 46) and east of Pilot Knob Road (CSAH 31), subject to the following amended stipulations: 1. Operation of the aggregate processing and concrete and asphalt production shall cease on or before December 31, 2012 with property restoration completed by December 31, 2013. 2. The provision of the Planned Unit Development amendment approved on October 20, 2003 and March 17, 2008 shall remain in full force and effect, except as modified by this Planned Unit Development amendment. 3. 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 processing and production operations are completed on the site. 4. 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. 5. The hours of operation for the asphalt production shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday. Planning Conunission Meeting DRAFTFebruary 18, 2010 Page 4 6. Ingress and egress for the asphalt plant shall be restricted to the existing access on 160 Street (CSAH 46). Ayes: Lillehei, Davis, Adler, Grenz, Drotning, Glad, Maguire. Nays: 0 There being no further business, the meeting was adjourned at 6:58 p.m. Respectfully submitted, Penny Brevig, Recording Secretary 3/4/10 ATTEST: Bart Davis, Chair 3/4/10 Morey, Daryl From: Jacob Fick [Jacob.Fick@traditiondevelopment.com] Sent: Wednesday, February 17, 2010 2:10 PM To: Morey, Daryl Subject: FW: McNamara Daryl below is another email sent to me from a SBF resident. Tricia Flor lives at 16749 East Lake Drive. Thanks JACOB H. FICK, P.E. PROJECT MANAGER TRADITION DEVELOPMENT 16972 BRANDTJEN FARM DRIVE LAKEVILLE, MN 55044 OFFICE PHONE: 952.322.8704 FAX: 952.322.8705 MOBILE PHONE: 612.388.8605 E-MAIL: JACOB.FICK@TRADITIONDEVELOPMENT.COM WEB: www.TRADITIONCOMPANIES.COM From: Tricia Flor [mailto:flort@charter.net] Sent: Wednesday, February 17, 2010 7:15 AM To: Jacob Fick Subject: McNamara Good morning, Jacob, I am a resident of Spirit of Brandtjen Farms. I am writing in support of McNamara's business staying until they need to move. I know times are still tough and they have more resources to deplete. I see no reason they should be forced out when their land is not needed for development at this time. I'm sorry I'm so late in writing and am unable to attend the meeting tomorrow night. Thank you. Tricia Flor ')/170010 Morey, Daryl From: Jacob Fick [Jacob.Fick@traditiondevelopment.com] Sent: Tuesday, February 16, 2010 8:40 AM To: Morey, Daryl Cc: Bob.Bieraugel@aggregate-us.com Subject: FW: Nordic Square Daryl, attached is another email of support for the mining extension for the PC. Thanks JACOB H. F1CK, P.E. PROJECT MANAGER TRADITION DEVELOPMENT 16972 BRANDTJEN FARM DRIVE LAKEVILLE, MN 55044 OFFICE PHONE: 952.322.8704 FAx: 952.322.8705 MOBILE PHONE: 612.388.8605 E-MAIL: JACOB.FICKLaTRADITIONDEVELOPMENT.COM WEB: www.TRADITIONCOMPANIES.COM From: Bart Laihinen [mailto:blaihinen@charter.net] Sent: Monday, February 15, 2010 10:25 PM To: Jacob Fick Subject: Nordic Square Jacob, I am sending this email regarding the topic noted below on the February 18th Planning Commission Agenda. Nordic Square (Tabled at the January 21, 2010 Planning Commission meeting) Public Hearing to consider the application of Aggregate Industries, Inc. for an amendment to the Nordic Square Planned Unit Development (PUD) and McNamara Contracting, Inc. to allow the continuation of sand and gravel mining and processing, and asphalt production operations until December 31, 2013, located south of 160th Street (CSAH 46) and east of Pilot Knob Road (CSAR 31). As a resident at 16853 Dream Ln. in Spirit of Brandtjen Farms, I am not opposed to this extension. This approval is contingent upon there being no change to current operating hours or scope of services taking place on the designated property, which is what was presented at the recent neighborhood meeting. We understand the need to continue to mine this area and appreciate the continued enhancements and grading to the surrounding areas. Please let me know if you have any questions. 1)n 4i1)n1 n Jacob Fick From: LHunterDesigns@aol.com Sent: Thursday, February 11, 2010 10:51 AM To: Jacob Fick Subject: Aggregate Industries/McNamara Extension To Whom It May Concern: By way on introduction, we are property owners in the Spirit of Brantdjen Farm development Specifically, our home is located at the north end of the developed East Lake Drive and closest to the operation of Aggregate Industries. No home in the existing development has better views of their operation than ours. We understand the current economic situation makes it necessary for Aggregate Industries as well as the McNamara asphalt operation to continue working down their product plies for an additional amount of time. We have absolutely NO objection to them being allowed to do so. We are so grateful that Tradition Development has continued to grow and improve Spirit even in this period of economic downturn. Many developers would have abandoned a project such as ours. We love living in Spirit and do not feel any negative impact on our property or our lifestyle to have Aggregate Industries and McNamara continue to do business for the proposed extension period. Sincerely, Ken and Lyn Hunter 16685 east Lake Drive Lakeville, MN 55044 952-236-8790 .16 Jacob Fick From: Lowell E Danner Jr. [lowell.danner@frontiemet.net] Sent: Wednesday, February 10, 2010 6:44 PM To: Jacob Fick Cc: 'Jake Enebak' Subject: Re: Jacob Fick & Tradition Development, Thank you again for organizing the meeting last week and giving us a chance to learn more about what will be going on with the North part of our development. We would like to thank you as a developer for being so open with the residents here at Spirit of Brandtjen Farms. You have been nothing but forthright with us from the beginning. You have held meetings where all residents were able to attend and learn what is happening and voice any concerns. From what we have gathered from those meetings we have not heard anyone opposing the lease extension. As a resident who probably resides the closest to the site in question, I would like to say it has not bothered us in the least. We do not notice the effects of any noise or air pollution. In fact our opinion is, until the development needs the space and is actually building in the area in question we do not mind if the lease gets extended another 10 years or more. Why lose all the natural resources that could be used to better our local economy by not granting the lease extension. The land would just sit barren if it is not extended. What good would that do for the residents or the companies involved. Instead let them keep mining for vital sand, gravel and other mineral resources that could be used. Sincerely happy residents, Lowell & Kathy Danner 5225167th St. W. Jacob Fick From: Tony Maurer Sent: Wednesday, February 10, 201011:20 AM To: Jacob Fick; Jake Enebak Cc: Tip Enebak Subject: Statement from Terry Maurer Greetings gentlemen, I spoke to my father and he authorized me to draft a short statement on his behalf to submit to the City of Lakeville next week. Terry mentioned that is you wish to have him call anyone at the city he gladly will. Below is the statement we prepared. I will gladly provide you a hard copy should you wish. Hope this helps guys. See as follows: Dear City of Lakeville Planning Commission and City Council members, I am a new resident of the Spirit of Brandtjen Farm Lakepointe town home neighborhood in Lakeville. I am writing to express to you my acknowledgement and endorsement of the proposed extension of Aggregate Industries' and McNamara Asphalt Company's presence on the north property within Spirit of Brandtjen Farm. I am fully aware of all of the circumstances regarding this requested extension and agree that the extension would be in the best interest of the progression and enhancement of our neighborhood. Tradition Development has been very forthright in their discussions and vision for Spirit of Brandtjen Farm and I have great confidence in their agenda for the development. I strongly urge that you approve the requested extension for the enrichment of Spirit of Brandtjen Farm. Thank you for your consideration. Respectfully yours, tonymaurer Managing Partner I Broker I Tradition Realty 2009 Realtor of the Year, Southern Twin Cities Association of Realtors President, St. Paul Area Association of Realtors Nominated a Super Real Estate Agent by Mpis/St. Paul Magazine for the past six consecutive years e: tong@maurerhomes.com w: www.maurerhomes.com t: 612.229.5293 1 f: 952.322.8713 www.fraditionrealty.com I www,homesofspirit.com I www.cobblestonelake.com Visit www.mourerhomes.com to view the extraordinary properties we are assisting in marketing as well as to search the available property offerings throughout the Twin Cities Metro Area. 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. Jacob Fick Subject: Aggregate Industries/McNamara Extension From: Michelle L Olsonjmailto:michelle@invisiblefencetc.com] Sent: Tuesday, February 09, 2010 9:34 PM To: Jacob Fick Cc: 'Keith Olson' Subject: RE: (no subject) Hi Jacob — We know the stress of trying to get thing approved. So we will do what we can to help you all. Here is a letter on behalf of Keith and 1 that you can send in... My husband, Keith, and 1 live in Spirit of Brandjten Farms at 16895 Dynamic Drive. We have attended all of the community meetings that Traditions has held regarding the land use for Aggregate business on the corner of Pilot Knob and 160''. Based on the information that Traditions has supplied to us, we fully support the extension of the contract for the current business owners that operate at this location. Obviously none of us could predict the drastic downturn in the market, and with this downturn, we all have to make adjustments. We feel this adjustments should be made by the city in order to allow the current business to reside. As the owner of several small businesses, we know how hard the times are and feel it would be a shame to put a company in more financial risk if it isn't necessary. Our understanding from Traditions is that even if the companies did leave, there is no intended use for that land for several years. As a homeowner in Spirit, there is no negative affect to us if the business is able to extend their contract. Based on the last meetings that we had with all the homeowners in Spirit, most all homeowners agreed that allowing them to remain would have no negative effect onus. We ask that you approve the extension of the contracts for the businesses that occupy the land owned by Tradition. Thanks, Michelle & Keith Olson 16895 Dynamic Drive Lakeville, MN 55044 Thanks, W icheffe Olson Invisible Fence of the Twin Cities 678-524-1871 michellePinvisiblefencetc.com www.invisiblefencetc.com Wagging Tails Pet Resort Daycare / Boarding / Grooming / Training www.wak,gingtailspetresort.com 3275 Sun Drive Eagan, MN 55121 'V Jacob Fick From: Bower, John O. (1275) [John.Bower1@ExpressPros.comj Sent: Tuesday, February 09, 2010 3:36 PM To: Tony Maurer, Jacob Fick Cc: Mollie Bower Subject: Extension of Aggregate Industries and all parties involved Attachments: image001.jpg Attn: City of Lakeville Officials We fully acknowledge and support the extension of Aggregate Industries presence on the northern property of Spirit of Brandtjen Farm. The partnership between all parties is beneficial for everyone, denying the extension would have a negative effect to the advancement of our community. John & Mollie Bower 5250 167th St W Lakeville MN 55044 Spirit of Brandtjen Farm Resident John Bowerl VP of Salesl Express Employment Professionals & SRG I ph 952.915.20181 cell 952.210.8337 I john.bowerl Oexoresspros.com Linked in: htto://www.linkedin.comrn�ohnobower Let Express Work for You! wank ewMaHet This email message is intended for the above named recipient(s) only. It may contain confidential information that is privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachment(s) is strictly prohibited. If you have received this e-mail by error, please immediately notify the sender by replying to this e-mail and deleting the message including any attachment(s) from your system. Thank you in advance for your cooperation and assistance. This e-mail message is intended for the above named recipient(s) only. It may contain confidential information that is privileged. If you are not the intended recipientr you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachment(s) is strictly prohibited. If you have received this e-mail by error, please immediately notify the sender by replying to this e-mail and deleting the message including any attachment(s) from your system. Thank you in advance for your cooperation and assistance. . + . 4 Jacob Fick From: Scott Borhauer isborhauer@gmail.comj Sent: Tuesday, February 09, 2010 2:46 PM To: Jacob Fick Cc: Wendy Borhauer Subject: Re: Spirit Of Brandtjen Farm Neighborhood meeting Jacob, I will not be able to attend this meeting due to travel. However, I would like to provide perspective from my vantage point. As indicated, the purpose of this meeting is to reassure us of the timelines that were outlined last August in a meeting that was well attended by the residents of Spirit. At that time, Tradition provided a very detailed plan that included timelines and story boards indicating the entirety of the program. The net of the extension would last through 2013 and to show good faith, the western portion of the development would be vacated and reclaimed for the restoration which you have done. I for one am not confused by the dates and feel you will execute the plan accordingly. My wife and I really appreciate the open communication and the effort that Tradition puts into it's sincerity. You really try to do the right thing, in today's times that is rare! BTOV: Love the improvements that were accomplished last fall. I owe you a horse shoe, I broke it on the cement pad! I will end with this ... I would hate to see resources abandoned that could go to good use! It just seems silly to mine resources only to turn you back on it! Times have changed, we all need to show a little compassion and understanding during these trying times. Thanks again for over communicating and always considering our thoughts and wishes! Best Regards, Scott Borhauer y 4 r Jacob Fick From: Jacobson, Jim E. [Jim.Jacobson@fhr.com] Sent: Thursday, January 28, 2010 11:51 AM To: Jacob Fick Subject: RE: Spirit Of Brandtjen Farm Neighborhood meeting Thanks for taking the time to bring us up to date. We have no concerns about the mining operations our main concern is the success of the development during these difficult times. I would be very surprised if anyone is upset over the operation changes but we will be at the meeting to show support for your operation. From: Jacob Fick [mailto:Jacob.Fick@traditiondevelopment.com] Sent: Wednesday,January 27,2010 6:43 PM To: John.bowerl@expresspros.com; angle _und4@yahoo.com; blaihinen@charter.net; georgiejl@mac.com; goren—goren_98@yahoo.com; hlaihinen@charter.net, bpelligrini@comcast.net; Amy_rath@adp.com; kara@freshstart700.com; jackiemoen2000@yahoo.com; Jacobson, Jim E.; john.zydowsky@traditionllc.com; kpelligrini@yahoo.com; Ihunterdesigns@aol.com; ledannerjr@frontiernet.net, jrath@voyageur.net, rismcnamara@gmaii.com; sborhauer@gmail.com; Mollie.Schumann@ExpressPros.mm; tdkovacs@hotmail.com; wborhauer@gmaii.com; 'Carl Stimson'; Carl Stimson; viens@charter.net, DnMBolies@aol.com; jonkel8@msn.com; Mary Armstrong; lindsaycalliguri@hotmail.com; mmcarterl0@charter.net; tkcotton@msn.com; lowell.danner@frontiernet.net; rdunn8256@charter.net; erikae@traditionllc.com; Reid Evenson; flort@charter.net, gary.franklln@lmco.com; Ann Fryklund; corkeyhammer@aol.com; sbgrinwis@yahoo.com; ben.d.hanson@gmaii.com; georgiejl@mac.com; Sally Leary; survivorsdoset@aol.com; rsmarsden@frontiernet.net; ramon.moreno@idearc.com; Jackie Morstad; Keith Olson; b_roche@yahoo.com; ssunshine3@aol.com; bergl552@umn.edu; dIv9012@yahoo.com; waisdw@frontiernet.net Cc: Jake Enebak; Bob.Bieraugel@aggregate-us.com; m.mcnamara@mcnamaracontracting.com; Gary Otte (g.otte@mcnamaracontracting.com); tipe@enebak.com Subject: Spirit Of Brandtjen Farm Neighborhood meeting Good evening Spirit Residents, SBF Development, Aggregate Industries, and McNamara Contracting would like to invite you a neighborhood meeting to be held at the Community Center on Tuesday, February 2nd at 7:00. The purpose of the meeting is to reassure you of the timelines outlined in a neighborhood meeting last July when the 2 year mining operations extension on the northern portion of the Spirit of Brandtjen Farm development site was introduced. Significant progress has been made on this initiative, including substantial completion of the early reclamation of lands in the corner of 160th and Pilot Knob and it is the objective of all those involved to keep you informed as municipal permitting is completed. As you may recall, in a neighborhood meeting last July, we discussed various plans for Spirit and introduced the desire to extend mining operations for 2 years. The 2 year extension was sought to allow Aggregate Industries and McNamara Contracting to continue materials processing until December 31, 2012. Reclamation of the site for development would occur in 2013 instead of 2011; however, Aggregate Industries would vacate and reclaim and restore for development the western half of the impacted lands earlier than required in order that these lands may be reclaimed and cleared for development in 2009 and 2010. The support of the neighborhood expressed at this meeting was greatly appreciated and I'm sure you've noticed the progress made towards reclamation of the western half of the property, while processing operations become confined to the eastern half as agreed. Please find attached the exhibit we presented at the July meeting. With the work progressing, it could be easily assumed that the process for extending the permit was already complete; however, it I * 4 is just now being considered by the City. Therefore, it seems appropriate to refresh the details of what was presented last July in order to alleviate the potential for any confusion or concern. I look forward to seeing you on Tuesday, February 2nd at 7:00 at the Spirit of Brandtjen Farm Community Center and, in the meantime, encourage you to contact me with any questions or concerns you may have about this matter. Sincerely, SBF Development Corp JACOB H. FICK, P.E. PROJECT MANAGER TRADITION DEVELOPMENT 16972 BRANDTJEN FARM DRIVE LAKEvILLE, MN 55044 OFFICE PHONE: 952.322.8704 FAx: 952.322.8705 E-MAIL: JACOB.FICK@TRADITIONDEVELOPMENT.COM WEB: www.TRADITIONCOMPANIES.COM Jacob Fick From: DnMBolies@aol.com Sent: Thursday, January 28, 201011:36 AM To: Jacob Fick; John.bowerl@expresspros.com; angie_und4@yahoo.com; blaihinen@charter.net; georgiej1@mac.com; goren_goren_98@yahoo.com; hlaihinen@charter.net; bpelligrini@comcast.net; Amy_rath@adp.com; kara@freshstart700.com; jackiemoen2000@yahoo.com; jim.jacobson@fhr.com; john.zydowsky@traditionllc.com; kpelligdni@yahoo.com; ihunterdesigns@aol.com; ledannerjr@frontiemet.net; jrath@voyageur.net; rismcnamara@gmail.com; sborhauer@gmail.com; Mollie.Schumann@ExpressPros.com; tdkovacs@hotmail.com; wborhauer@gmail.com; carlstimson@mac.com; caristimson@me.com; viens@charter.net; jonkel8@msn.com; armstrong.mary@mac.com; lindsaycalliguri@hotmail.com; mmcarter10 @charter.net; tkcotton@msn.com; lowell.danner@frontiernet.net; rdunn8256@charter.net; erikae@traditionllc.com; reid.evenson@traditioncapitalbank.com; flort@charter.net; gary.franklin@lmco.com; annfryklund@frontemet.net; corkeyhammer@aol.com; sbgdnwis@yahoo.com; ben.d.hanson@gmail.com; Sally Leary; rsmarsden@frontiemetnet; ramon.moreno@idearc.com; jackiemorstad@qwestoffice.net; ifdvervalley@aol.com; b_roche@yahoo.com; ssunshine3@aol.com; bergl552@umn.edu; dlv9012@yahoo.com; walsdw@frontiemet.net Cc: Jake Enebak; Bob.Bieraugel@aggregate-us.com; m.mcnamara@mcnamaracontracting.com; g.otte@mcnamaracontracting.com; tipe@enebak.com Subject: Re: Spirit Of Brandtjen Farm Neighborhood meeting Jacob, I am out of town and therefore will not be able to attend the meeting on the second. I think we all wish that business conditions were different and the mining and production operations could end sooner, but it is what it is. I recall that those in attendance at the July update were understanding of the need to move the timeline. It has been good to see the reclamation of the western end of the property that was done in late summer and fall. That gives us an idea of how the transition will happen with the remaining property. I'm actually more interested in the development of the South end of the property where the current housing development is. To me, this is Spirit of Brandtjen Farm, and some time in the future the North side will become part of Spirit. I think its more important in the short term to see the building of homes continuing (probably one of the only developments in the Twin Cities which has continued momentum). The new amenities that have been added around the community center look great. I do look forward to the street that will connect us directly to 160th. I'm sure that if there is anything new coming out of this meeting that you will communicate that to us who aren't able to attend. Thanks, Dave Bolles Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: February 11, 2010 :cpm No. . City of Lakeville Planning Department Subject: Packet Material for the February 18, 2010 Planning Commission Meeting Agenda Item: Nordic Square PUD Amendment At the January 21, 2010 meeting, the Planning Commission tabled action on the Nordic Square planned unit development (PUD) amendment at the applicant's. request. On February 2, 2010, representatives of Tradition Development, Aggregate Industries and McNamara Contracting again met with residents in Spirit of Brandtjen Farm to describe the reasoning behind their request to amend the Nordic Square PUD to extend the timeframe for the gravel processing and concrete and asphalt production operations by two years — until December 31, 2012. Under the requested PUD amendment, reclamation of the site is proposed to be completed by December 31, 2013. The January 15, 2010 planning report prepared by Associate Planner Frank Dempsey is attached for your reference. As recommended by Commissioner Glad, I have also attached the minutes from the March 6, 2008 Planning Commission meeting concerning a previous Nordic Square PUD amendment request by Aggregate Industries to allow increased hours of operation and by McNamara Contracting to extend asphalt production by two years from December 31, 2008 to December 31, 2010. Finally, I have attached nine e-mails submitted by Tradition Development that express support for the proposed two-year extension of the Aggregate Industries and McNamara Contracting operations. Planning Department staff recommends approval of the Nordic Square PUD amendment request for the following reasons: The PUD amendment request is reasonable considering the current economy, with a significant slowdown in the construction market and a corresponding reduction in the overall demand for gravel, concrete and asphalt production. Due to the current slowdown in the housing market, residential development on the southerly portion of the Spirit of Brandtjen Farm (SBF) PUD has not occurred to the extent contemplated by Tradition Development when the SBF PUD and project phasing was approved in 2005. Residential development on the northerly (Nordic Square) portion of SBF may be several years away given the current housing market. The nearest residence in SBF is over a quarter of a mile from the southerly boundary of the Nordic Square PUD. The PUD amendment request is consistent with the original Nordic Square PUD, which stated that a "best effort attempt" will be made to complete gravel mining operations by 2010. The PUD cited factors beyond the control of the aggregate mining operator (such as the market for gravel and concrete) that would factor into the end date for operations. The PUD anticipated that operations would continue until the site was brought into the MUSA or when "substantial residential development" began on the site, whichever occurred later. The Nordic Square PUD further stated that concrete production would cease when there was a conflict with development of the Nordic Square site or when residential development on the Nordic Square site is 50% complete. Findings of fact for approval of the Nordic Square PUD amendment are attached for your reference. Feel free to contact me with any questions prior to Thursday night's meeting. Also, if you would like an on-site look at the operations of Aggregate Industries or McNamara Contracting before Thursday night's meeting, please contact the Planning Department and we will put you in touch with the appropriate business representative. (plancom m-coverm emonord icsq uarepudam endment) 2 I 1 . 4 Memorandum To: Planning Commission From: 10rank Dempsey, Associate Planner Copy: Aggregate Industries Tradition Development Date: January 15, 2010 City of Lakeville Planning Department Subject: Packet Material for the January 21, 2010 Planning Commission Meeting Agenda Item: Nordic Square Planned Unit Development Amendment (Aggregate Industries and McNamara Contracting to allow an extension to the completion date of mining and asphalt production. Application Deadline: February 8, 2010 (Extended until April 9, 2010) BACKGROUND SUMMARY Aggregate Industries and McNamara Contracting are proposing an amendment to the Nordic Square Planned Unit Development (PUD) to allow gravel mining operations and continued concrete and asphalt production on the property until December 31, 2012 with cleanup and reclamation of the site by December 31, 2013. This request coincides with an extended timeframe to the property tenants authorized by Cobblestone Lake, LLC., the owner of the property. Aggregate Industries and McNamara Contracting state that the proposed extended timeframes are due to a significant slow down in the economy resulting in a change to the anticipated completion of mining on the property. The Nordic Square gravel mine area includes approximately 320 acres in the northeast corner of the City along 160th Street (CSAH 46). EXHIBITS A. Location and Land Use Plan Map. B. Aggregate Industries application narrative. C. Aggregate Industries Reclamation Phasing Plan (4 Pages). D. McNamara Contracting application narrative. 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) operates under the provisions of the Nordic Square PUD, established in 1991 and amended in 2003 and 2008. The existing operations at Nordic Square are governed by a PUD District incorporated as Section 11-96-25.N of the Zoning Ordinance. The proposed extended timeline for operations within Nordic Square requires an amendment to the PUD District pursuant to Section 11-96-21B of the Zoning Ordinance. There are no physical changes proposed to the approved PUD site plan. Aggregate Industries is permitted 24 hour per day operations seven days a week per the Nordic Square PUD Amendment approved in 2008. Surrounding Uses. The Nordic Square PUD is surrounded by the following land uses: 9..vya � „ 'Diuecti©� . j. ,; �. �yy }+'+' P�0.k, �.IXt xxKN... x.:and arse flan AANft..yClsJ fln n << a BCS• 5.% " A: x�stin ;tise 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 residential East N/A (Empire Twp) N/A (Empire Twp) Gravel Mine (Empire Twp) South L/M Residential I PUD District SBF Residential Access. Access to the Aggregate Industries mining operation is permitted from the existing paved access at 160t" Street (CSAH 46) and also from the access at Pilot Knob Road (CSAH 31). Access to the McNamara asphalt production facility is located from a driveway off of 160th Street (CSAH 46) across from Diamond Path. Access restrictions onto Pilot Knob Road (CSAH 31) and 160th Street (CSAH 46) were instituted in the previous PUD Amendment in 2008. Ingress and egress is restricted between the hours of 10:00 PM and 6:00 AM and all day on Sundays to the north access on 160t" Street (CSAH 46) unless a public safety issue arises as determined by City staff. Aggregate Industries did not use the 160th Street (CSAH 46) access last year due to the conveyor in place at that time that transported restoration material into the northwest quadrant of the Nordic Square property. The reclamation phasing plan shows a possible future plant access road for Aggregate Industries that would be located off of the existing McNamara Contracting driveway across from Diamond Path. This 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. 2 r a I1 . 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 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 Brandlen Farms in Lakeville and the residential areas across CSAH 46 in Apple Valley and Rosemount. Beginning last year and continuing in 2010, approximately 80 acres of the gravel mining operation on the west side of the Nordic Square property are undergoing reclamation and restoration in preparation to achieve final grades and final site restoration. The active restoration grading for the site has not yet received final approval from the City. RECOMMENDATION The proposed extension to the completion date of gravel mining 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 report. Staff recommends approval of the Planned Unit Development Amendment subject to the following stipulations: 1. Operation of the aggregate processing and concrete and asphalt production shall cease on or before December 31, 2012 with property restoration completed by December 31, 2013. 2. The provisions of the Planned Unit Development Amendment approved on October 20, 2003 and March 17, 2008 shall remain in full force and effect, except as modified by this Planned Unit Development Amendment. 3. The earthen berm currently located on the north side of the property east of the existing Aggregate Industries 160"' Street (CSAH 46) driveway access will remain in place until processing and production operations are completed on the site. 4. 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. 5. The hours of operation for the asphalt production shall be restricted to 7:00 AM to 7:00 PM, Monday through Saturday. 6. Ingress and egress for the asphalt plant shall be restricted to the existing access on 160th Street (CSAH 46). K, H =** a F F- :=.� . EXHIBITA Z F T tv F rr -T Cc" F ".I 160TH jjLT W J(CSAR 46) or Vol. 10 L/MDR P W Spirit 6f Brandtjenf ,pm LDR RD M/HDR 170TH ST W N 500 250 0 500 Feet W L I 'I.vwW Ll RECEIVED DEC 1 0 2009 CMOFLWVM AMENDMENT NORDIC SQUARE LIMITED PARTNERSHIP PUD CITY OF LAKEVILLE Aggregate Industries is seeking an extension of the PUD/CUP for the Nordic Square property through December 31, 2013. The permit extension would apply to the processing of aggregate, the production of ready mix concrete and the production of asphalt by our customer/tenant, McNamara Contracting, Inc. The original permit for mining was issued in 1972. In 1994 the City issued a PUD/CUP for extraction. The original permit and the original PUD allowed the company 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 permit and our lease were amended to establish a certain end date for mining and accessory operations (Dec. 31, 2010) and reclamation (Dec. 31, 2011). Market conditions have changed substantially in the past four years. The demand for construction materials is about half of what it was in 2004. Consequently our rate of production has slowed so much that it will be impossible for the company to process and sell the aggregate from its adjacent mining property in Empire Township by December 31, 2010. We desire to extend the PUD/CUP to December 31, 2013. We propose to process aggregate from the Empire deposit through December 31, 2012. In 2013 the company will dismantle and demolition its plant and buildings, will crush and process all recyclable concrete from building footings, etc., will sell off the remaining products and will reclaim the entire east half of the Nordic Square property. Refer to the attached Reclamation Phasing Plan for a visual representation of the reclamation schedule. EXHIBIT B Page 1 of 2 , Dempsey, Frank From: Bob.Bieraugel@aggregate-us.com Sent: Tuesday, January 05, 2010 2:45 PM To: Dempsey, Frank Subject: Re: Lakeville Mine Attachments: Lakeville Reclamaiton Phasing Plan 11-17-09.pdf; 2009 Photo.pdf; 2008 Photo.pdf Frank, I attach three air photos. By comparing the 2008 photo with the 2009 photo you can see most of the reclamation. A substantial amount of work has also been completed in the last four months of 2009 since the date of the 2009 air photo. The area north of our access road has changed quite a bit. The west 20 acres has been completely reclaimed and will be farmed this summer. The conveyor running into the center of the north parcel will carry sand to the area through June +/- of 2010. The concrete rubble that remains on the north property will be crushed and removed by June or July of 2010. Then the topsoil from the berm on the north will be spread over the area and seeded. The area south of the access road where the block plant was has changed also. All of the buildings except a quonset but have been removed. The quonset is being used to house Tradition's lawn maintenance equipment. All of the block has been removed to a three acre parcel behind (east of) the cemetary. All of the land has been compacted and brought up to grade. This winter and spring we will work on and finish reclamation of the settling ponds. Let me know if you have any other questions or ideas about this proposal. 1. Reclamation Phasing Plan. This is drawn on the August 2009 air photo 2. August 2009 Air Photo without any notations 3. September 2008 Air Photo without any notations EXHIBIT C .4 A+cSaniara Ccantl Cacang. Inc. January 7, 2010 Mr. Frank Dempsey Associate Planner City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Mr. Dempsey, Please consider this as McNamara Contracting Inc.'s requested narrative in regards to our asphalt production and related facilities on the Nordic Square property. Due to market conditions there are aggregate reserves on the Nordic Square property that will not be able to be consumed prior to the current permit that allows asphalt production thru December 31, 2010. As a tenant and customer of Aggregate Industries, who is applying for the PUD/CUP extension, McNamara Contracting desires to continue to produce asphalt on the Nordic Square property through December 31, 2012. In the spring of 2013 we intend to relocate our asphalt plant and its operations to Empire Township. Also, during 2013 finish site clean up and reclamation on the Nordic Square property. Should you need any additional information please do not hesitate to contact me. Sincerely, Mike McNamara Vice President McNamara Contracting, Inc. 16700 Chippendale Avenue • Rosemount, Minnesota 55068 EXHIBIT D Office (651) 322-5500 • Fax (651) 322-5550 • Plant (651) 322-3939 16 •_ j r Planning Commission Meeting March 6, 2008 Page 9 Ayes: Drotning, Davis, Manikowski, Lillehei. Nays: Grenz. Mr. Grenz feels there is not sufficient hardship to grant a variance. Break at 7:52 Reconvened at 8:00 ITEM S. AGGREGATE INDUSTRIES, INC. Chair Drotning opened the public hearing to consider the application of Aggregate Industries, Inc. for an amendment to the Nordic Square Planned Unit Development (PUD) to allow Aggregate Industries, Inc. gravel mining operations 24 hours a day, seven days a week, on land located south of 16001 Street (CSAR 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 from Aggregate Industries presented an overview of their request. He wanted to clarify that they are requesting trucking, not mining, be conducted 24 hours a day. Mr. Bieraugel commented on Stipulation 1 and requested that it read December 31, 2011 to allow the removal of stockpiles during that year. He also commented on the statement in the February 29, 2008 engineering report that recommends that a minimum of six inches of topsoil be spread over completed areas before permanent stabilization. Mr. Bieraugel does not feel that this would help the dust control and Aggregate Industries already has a dust control plan in place. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Aggregate Industries, Inc. is proposing an amendment to the Nordic Square Planned Unit Development (PUD) to allow gravel mining operations 24 hours a day, seven days a week for the remaining timeframe of their mining lease with Cobblestone Lake, LLC. He indicated that the proposed extended hours and extra day is to allow flexibility to haul sand and aggregate materials in compliance with State of Minnesota bid requirements that require operators to truck materials during night-time hours to avoid daytime traffic impacts. Mr. Dempsey stated that the sand pile identified in the Nordic Square 1993 Plan update as Area 17 will continue to be the location of the sand stockpile that would be the focus area for sand and aggregate hauling operations for the extended hours of operation. Mr. Dempsey indicated what the surrounding uses are and stated that staff recommends that trucks be restricted to enter and exit at the 16001 Street (CSAH 46) Planning Commission Meeting -t March 6, 2008 Page 10 access between 10:00 p.m. and 6:00 a.m. and on Sundays due to the amount of truck traffic during the extension period and possible impacts on residential areas west of Pilot Knob Road. Mr. Dempsey indicated that the noise during the extended hours will be restricted to a loader, bulldozer and semi -trucks picking up sand and aggregate and unloading material brought onto the site. Mr. Dempsey stated that a neighborhood meeting was hosted by Aggregate Industries, Inc. on February 28, 2008 at Apple Valley Middle School. He indicated that four residents of Spirit of Brandtjen Farm were in attendance. Their questions and concerns were addressed by Aggregate Industries, McNamara Contracting, Inc., Tradition Development, and City staff. Residents requested that an additional neighborhood meeting be held soon after the extended hours of operations begin He stated that the residents that attended the neighborhood meeting were given a 24 hour contact' number from Aggregate Industries in the event of any operational complaints or other concerns. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Aggregate Industries, Inc. PUD amendment, Planning Department staff recommends consideration of the 8 stipulations listed in the February 29, 2008 planning report. Chair Drotning opened the hearing to the public for comment. John Viens, 16745 Asterbilt Lane Mr. Viens resides in the townhomes in Spirit of Brandgen Farm. His main concern is dust control and heavy equipment operating 24 hours a day. He wanted to know what is required by the City for dust control and what recourse, as a resident, he has if these requirements are not followed. Carl Stimson, 16749 Asterbilt Lane Mr. Stimson also resides in the Spirit of Brandtjen Farm townhomes. He is concerned with the 24/ 7 operation. He stated that his neighborhood tends to be a tranquil place on Saturdays and Sundays and he's worried what it will be like when they start running 24/7. He is also concerned about dust control. 08.17 Motion was made and seconded to close the public hearing at 8:18 p.m. Ayes:5 Nays: 0 Planning Commission Meeting March 6, 2008 Page 11 Commissioner Davis asked Mr. Bieraugel to explain their current dust prevention procedures. Mr. Bieraugel stated that there is a dedicated water truck and driver that runs the site daily. Commissioner Grenz questioned why 160th Street is the recommended entrance and exit point between the extended hours and on Sundays when they would have to make a left turn onto 160th Street. Mr. Rubash stated that the recommendation is due to the proximity of the Fieldstone Creek neighborhood across Pilot Knob Road to the west and because there is an existing concrete pad in the roadway at the 160th Street driveway. There will also be less traffic at those hours, so a left turn should not present traffic safety issues. The Planning Commission discussed entering and exiting onto 160th Street or Pilot Knob Road, the location of the nearest residents, and existing berms along 160th Street. Mr. Bieraugel --indicated that circulation on their site would not be affected by using either driveway. He indicated that he thought Pilot Knob Road would be a better entrance/ exit due to it being a signalized intersection. There was a discussion regarding street sweeping at either driveway location and Aggregate Industries indicated that they sweep the streets every Tuesday and Thursday. Mr. Rubash indicated that Aggregate Industries is a good operator and they keep the streets safe and free of debris. Commissioner Bussler acknowledged that at times the streets can get muddy and dusty but not out of the ordinary for this type of use. Chair Drotning asked about a wait and see attitude toward Aggregate Industries' request to allow operations until 2011. Mr. Morey stated that the requested removal of stockpiles in 2011 would not fall under the site restoration that is allowed within that time frame and, as such, staff is reluctant to extend operations to 2011 at this time. Chair Drotning stated that Aggregate Industries should complete their operations prior to December 31, 2010 as stipulated. The Planning Commission recommended the following change to Stipulation 3 of the February 29, 2008 planning report: 3. Ingress and egress between the hours of 10:00 PM and 6:00 AM and all day on Sundays shall be restricted to the north access on 1601h Street (CSAH 46), unless a public safety issue arises as determined by Citv staff. Planning Commission Meeting �' • March 6, 2008 Page 12 Chair Drotning stressed to Mr. Bieraugel that they need to communicate with the neighbors and the neighbors need to be able to communicate with Aggregate Industries. Mr. Stimson asked for clarification regarding hauling on some Saturday and Sundays. Mr. Bieraugel stated that if, due to weather conditions, they were not able to haul during the weekdays, they may need the weekend to make up that time. 08.18 Motion was made and seconded to recommend to City Council approval of the Aggregate Industries, Inc. amendment to the Nordic Square Planned Unit Development (PUD) to allow Aggregate Industries, Inc. gravel mining operations 24 hours a day, seven days a week, on land located south of 160th Street (CSAH 46) and east of Pilot Knob Road (CSAH 31), subject to the 8 stipulations listed -in the February 29, 2008 planning report, as amended. Ayes: Grenz, Davis, Manikowski, Lillehei, Drotning. Nays: 0 Int 9. MCNAmARA CONTRACTING, INC. Chair Drotning opened the public hearing to consider the application of McNamara Contracting, Inc. for an amendment to the Nordic Square Planned Unit Development to extend the expiration date of the existing asphalt plant from December 31, 2008 to December 31, 2010, on land located south of 160th Street (CSAH 46) and east of Pilot Knob Road (CSAR 31). The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mike McNamara from McNamara Contracting, Inc. presented an overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that McNamara Contracting, Inc. has been operating at its present location in Nordic Square since 2004. He indicated that the applicant is requesting a two year extension to allow it to continue to operate in conjunction with Aggregate Industries, Inc., the company that runs the sand and aggregate operation in the Nordic Square PUD, until December 31, 2010. Mr. Dempsey reviewed the criteria that are under consideration as to whether the proposed use would be appropriate within the PUD District. He indicated that the criteria have been, and continue to be, met. Planning Commission Meeting March 6, 2008 Page 13 Mr. Dempsey stated that four of the 17 existing single family homes and five of the 13 existing townhomes are occupied at this time in the Spirit of Brandt en Farm development. He indicated that these homes, along with the Apple Valley and Rosemount single family homes on the north side of 160th Street (CSAH 46) are each screened by a significant earthen berm. Mr. Dempsey indicated that the access to the McNamara Contracting, Inc. site off of 160ffi Street and the hours of operation will not change. Mr. Dempsey stated that implementation of the Nordic Square restoration plan will facilitate removal of the asphalt plant by December 31, 2010. He indicated that the requested time frame for closure and removal of the asphalt plant corresponds to the planned end date for all mining related activities within the Nordic Square PUD. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the PUD amendment, Planning Department staff recommends consideration of the 4 stipulations listed in the February 29, 2008 planning report. Chair Drotning opened the hearing to the public for comment. Carl Stimson, 16749 Asterbilt Lane Mr. Stimson distributed a Spirit of Brandt en Farm Addendum to Purchase Agreement, which states in part "By agreement with the Developer and pursuant to stipulation of the City's operating permit, the asphalt plant has the right to continue to operate in its present location until December 31, 2008 and then must be relocated off the site." He thought he was well informed due to documents such as this addendum. Mr. Stimson wanted to know what assurances they would have that they would not keep asking for extensions. The document was received by the Planning Secretary and will be part of the record. John Viens, 16745 Asterbiit Lane Mr. Viens stated that he moved into his townhome in April of 2007. He was assured by the developers and realtors that the 2008 end date was true for the asphalt plant relocation. Rob Wachholz, Tradition Development, Spirit of Brandtjen Farm Mr. Wachholz agreed that he volunteered to put this Addendum together. He explained that he believed that they would be building homes far closer that V2 mile of the asphalt plant at this point in time, but they are not, due to the downturn in the housing market. He indicated that having the asphalt plant stay where it is past Planning Commission Meeting March 6, 2008 Page 14 2008 would not have a negative impact to the development as had been originally anticipated. He feels this request by McNamara Construction is appropriate. Mr. Wachholz stated that he did talk to the residents of Spirit of Brandtjen Farm. He explained to them that he felt it was a reasonable request and McNamara Construction and Aggregate Industries are good and respectful operators. Chair Drotning asked Mr. McNamara where the asphalt plant will be relocated. Mr. McNamara stated it would be moved to the east adjacent to Hwy. 3. The Planning Commission discussed the Addendum to the Purchase Agreement and the impact it had on the residents and their trust in the Spirit of Brandtjen Farm developer and the City. The Assistant City Attorney stated that the City is not bound by these agreements. Mr. Morey stated that the development of Spirit of Brandtjen Farm has been slower than expected due to the housing market slow down. It had been anticipated that the development area would be closer to the asphalt plant by this time. Mr. Morey stated that staff feels that this modification in consistent with the Aggregate Industries 2010 operation time frame and recommends approval of the PUD amendment request. Chair Drotning felt there was a credibility factor involved and the Planning Commission should consider impacts to property owners. Commissioner Davis stated that given the location of the asphalt plant and the distance from the property owners, he would agree to extend the expiration date of the asphalt plant to 2010. He felt that the Addendum to Purchase Agreement does not require the asphalt plant to close by December 31, 2008. Commissioner Manikowski felt that the property owners who read the addendum would take it to mean the asphalt plant was closing by December 31, 2008. The Planning Commission asked Mr. McNamara if they had the government approvals and permits in connection with their relocation. Mr. McNamara stated that he did not have any approvals yet with Empire Township where the asphalt plan will be relocated. Mr. Wachholz stated that some of the Spirit of Brandtjen Farm neighbors do not feel that the requested extension is a problem, but they are not in attendance at tonight's meeting. He reminded the residents and the Planning Commission that Planning Commission Meeting March 6, 2008- Page 008 Page 15 Aggregate Industries will operate at their present location until December 31, 2010 and that McNamara Construction is just a small part of that overall operation. 08.19 Motion was made and seconded to close the public hearing at 9:45 p.m. Ayes: 5 Nays:0 08.20 Motion was made and seconded to recommend to City Council approval of the McNamara Contracting, Inc. amendment to the Nordic Square Planned Unit Development to extend the expiration date of the existing asphalt plant from December 31, 2008 to December 31, 2010, on land located south of 160 Street (CSAH 461) and east of Pilot Knob Road (CSAH 31), subject to the 4 stipulations listed in the February 29, 2008 planning report. Ayes: Davis. Nays: Grenz, Manikowski, Lillehei, Drotning. Commissioners Grenz, Manikowski and Lillehei felt that the City needed to keep the commitment that was stated in the Addendum to Purchase Agreement for Spirit of Brandtjen Farm and the commitment to the Spirit of Brandgen Farm PUD. Chair Drotning stated that he felt the date in the Addendum is important, even if the City is not legally bound by it. ITEM 10. CITY OF LAKEviLLE Chair Drotrung opened the public hearing to consider the Draft 2008 Comprehensive Plan. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Associate Planner Allyn Kuennen presented a PowerPoint explaining initial work sessions and City Council designations and what has occurred regarding public input. He stated that public participation has been very good throughout the process. Daniel Licht from NAC continued the PowerPoint presentation with an overview of the Draft 2008 Comprehensive Plan. Mr. Licht summarized the significant changes to the MUSA Staging Plan that City staff, SRF, Inc. and NAC collectively developed, which are listed in the February 29, 2008 planning report. Mr. Licht stated that the City Council, Planning Commission and City staff has reviewed the existing 2020 Land Use Plan map and comments received during I e