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HomeMy WebLinkAboutItem 09 Superior Sand and Gravel City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: March 30, 2022 Subject: Packet Material for the April 7, 2022 Planning Commission Meeting Agenda Item: New Look Contracting/Superior Sand & Gravel Interim Use Permit Action Deadline: June 7, 2022 BACKGROUND New Look Contracting, d/b/a Superior Sand & Gravel has submitted an application for an Interim Use Permit (IUP) to allow grading, filling, and processing operations on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. The property is owned by Ashbury, LP and is approximately 63 acres in area. Asbury, LP has leased the property to New Look Contracting to complete the final stages of filling and rehabilitation of the property as outlined in the approved 2011 Interim Use Permit, which expired December 31, 2021 without the site rehabilitation being completed. Gravel mining and processing, as well as rehabilitation of the property, had been conducted under the terms of Interim Use Permit No. 11-01 approved by the City Council on March 7, 2011. A new Interim Use Permit is required to allow grading, filling and processing on the property. The applicant requests five additional years to complete these operations and the site rehabilitation. EXHIBITS A. Location Map B. Zoning Map 2 C. Applicant Plan Narrative D. 2022 Proposed Site Rehabilitation Plan E. Public Narrative on New Look Contracting Weblink F. 2011 Interim Use Permit New Look Contracting contacted City staff regarding the pending expiration of the 2011 Interim Use Permit in fall of 2021 suggesting that additional time would be necessary to complete operations and final rehabilitation of the property. Aggregate mining is complete, however, there are some small areas of available aggregate in the vicinity of the overburden and topsoil stockpiles along the perimeter of the south and west boundaries. The larger excavated area east of the high-pressure gas main has been either completely restored or nearing completion with the import of additional fill material prior to achieving final grades and establishment of vegetation. SURROUNDING LAND USES North – Lake Marion South – 195th Street/Casperson Park/Gopher Outside Storage East – Lake Marion West – Kenrick Avenue and Interstate 35 P LANNING ANALYSIS The property has operated as a sand and gravel mine at various times since 1965, has been owned by the Bury family since 1968, was previously operated by Midwest Asphalt Company and now New Look Contracting since 2020. Midwest Asphalt received approval of an Interim Use Permit in 2011 to allow expansion of the gravel mining operations to the west side of the CenterPoint Energy high pressure gas main and adjacent to Kenrick Avenue. The Interim Use Permit expired December 31, 2021. New Look Contracting estimates that approximately 160,000 cubic yards of additional fill material remains to be imported to complete site rehabilitation to the grades required by the 2011 Interim Use Permit. The property west of the gas main is guided Medium to High Density Residential. Between 2011 and the end of 2021, 709,358 cubic yards of fill material have been imported for finished grades and site rehabilitation. MINING AND EXCAVATION The Zoning Ordinance allows mining and excavation as an interim use in all zoning districts located outside the current MUSA and MUSA Expansion Area A. Interim use permit applications must conform to the standards listed in Title 7, Chapter 4 of the City Code. 3 The plans submitted with the interim use permit application outline the proposed materials processing and rehabilitation in detail. The plans have addressed the information required by Title 7, Chapter 4 of the City Code. The gravel pit property is located in Planning District No. 4 of the 2040 Comprehensive Land Use Plan within MUSA Expansion Area B (2029 - 2038). The sanitary sewer main that would serve the subject property is presently located approximately three-quarters of a mile to the south at the end of Kensfield Trail, just north of 205th Street. The sewer main will be extended to the north as the properties north of Kensfield Trail develop north in a sequential manner. The Comprehensive Plan guides the property for future medium/high density residential development west of the high-pressure gas main and low-density residential development east of the gas main. A cash escrow or bond must be submitted in favor of the City of Lakeville in accordance with City Code in the sum of $1,500.00 per acre for the remaining acreage yet to be rehabilitated according to the plan approved in 2011. The purpose of this interim use permit application is to allow concrete and bituminous recycling/processing and to complete the import of fill and final site rehabilitation of the property for future development when City sanitary sewer and water services are available to the site. New Look Contracting requests that concrete and/or bituminous demolition material continue to be allowed to be brought onto the site for processing and exported from the site as an incentive to contractors to bring clean compactable fill onto the property to achieve final rehabilitation grades. Demolition concrete and reclaimed asphalt is proposed to be recycled on the property and used as MNDOT certified road construction material. This operation would continue the demolition material crushing and sorting that has been on-going with previous operations. All sand, gravel, and recyclable demolition materials will be hauled from the site. There is no proposed asphalt or concrete production facilities with this operation nor will that activity be permitted. Washing of aggregate material is not permitted on the property. The hours of operation shall be limited to 7:00 AM to 7:00 PM Monday through Friday. No crushing operations may occur on Saturdays and Sundays. Noise generated from the site must be in compliance with the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency rules and regulations. Sedimentation basins will treat storm water by settling out sediments prior to storm water leaving the site. Prevention of soil erosion will be controlled by establishing vegetation as rehabilitation proceeds. 4 Dust will be controlled as necessary by using water and a pumping truck from the water available in the settling ponds. Any water obtained from a City water hydrant will require a permit from the City. Gravel and dust tracked onto Kenrick Avenue must be promptly removed by the operator. New Look Contracting is required to apply for an annual mining and excavation (rehabilitation) permit at which time staff determines whether the mine is complying with the stipulations of the approved interim use permit. The site is inspected periodically during the year to confirm compliance with the approved permit. Failure to comply with the approved plans may result in the annual permit not being issued whereby the operator cannot continue to operate until any noted irregularities are addressed. The finished grades will include a minimum of three inches of topsoil as proposed in the rehabilitation plan. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self- sustained. New Look Contracting states in their narrative that complaints will be addressed by telephone within one working day. The City is also typically notified if calls are made to the operator. The applicant will be required to submit an annual report with their annual excavation and mining (rehabilitation) application to show how the operation is in compliance with the approved plan. Complaints. Planning Department staff recorded 14 complaints received from three nearby residents during the period between 2011 and 2021. Most complaints were in regard to truck noise on Kenrick Avenue and noise created by trailer gates closing and banging after deliveries of recyclable material or fill. Other complaints were primarily about dirt and dust on Kenrick Avenue or the need for general dust control during operations. The gravel mine operators during this period were generally quick to respond to the complaints Planning staff forwarded to them. Site Improvement Performance Agreement and Financial Guarantee. The Zoning Ordinance for interim use permit administration and the City Code require the submittal of a site improvement performance agreement to guarantee the completion of work as allowed by the approved interim use permit. The finance guarantee will be required as surety for the completion of the property rehabilitation as required by the City Code and as outlined in the planning report. Public Engagement of New Application. In lieu of an in-person neighborhood meeting, the applicant prepared a website to allow public review of their request that included a link to present 5 questions of the applicant. The public did not register comments or questions on the applicant’s website at the time this planning report was finalized. RECOMMENDATION The request for the Interim Use Permit will be a policy decision of the City Council with the recommendation of the Planning Commission. Findings of fact for the Planning Commission to recommend that the City Council either approve or deny the requested Interim Use Permit have been prepared by City staff. If the Planning Commission elects to recommend approval of the Interim Use Permit application, Planning Department staff recommends approval of the findings of fact subject to the following stipulations: 1. The boundaries of the processing, grading, and rehabilitation areas shall be limited to the areas identified in the approved plans. 2. Rehabilitation, grading, drainage, erosion and sedimentation control, and finished grades shall occur consistent with the Excavation and Grading plan developed by Sathre Berquist, Inc., dated January 7, 2011 as amended for the proposed Interim Use Permit submitted by New Look Contracting. 3. Perimeter side slopes shall be back filled to a maximum grade of 3:1 (33%). No Trespassing signs shall be installed and maintained at regular intervals at the perimeter of the mine adjacent to Kenrick Avenue and 195th Street. 4. Vegetation shall be reestablished as an ongoing part of the site rehabilitation. Ground vegetation shall consist of grass seed mixture. 5. Use of demolition explosives shall not occur on the property. 6. A site improvement performance agreement and annual permits shall be submitted by the applicant along with security as required by Title 7, Chapter 4 of the City Code and Section 11-5-13 of the Zoning Ordinance. A security deposit shall be submitted by the operator for each acre of land remaining to be rehabilitated in an amount approved by the City Council to complete the approved rehabilitation plan. The annual permit application shall include figures stating the amount of aggregate material exported from the property and fill material imported to the property. 7. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 6 8. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. 9. Grading and hauling operations may occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Crushing and processing operations shall not occur on Saturdays and Sundays. 10. Operators shall comply with all applicable city, county, state, and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or processed residue shall be deposited in any lake, stream or natural drainage system. 11. Asphalt or concrete production is not permitted on the property. 12. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. 13. Earthen screening berms along Kenrick Avenue and 195th Street shall remain in place during the life of the grading and rehabilitation operation. Earthen berms shall not be located within 50 feet of 195th Street and Kenrick Avenue. 14. Access to and from the site shall be exclusive to Kenrick Avenue. 15. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 16. All rehabilitation of the site shall be completed by December 31, 2026. 17. Excavation is prohibited below an elevation of 1004 (sea level datum). 18. The first 400 feet of the access road shall remain paved with bituminous and shall be swept regularly to keep gravel off of Kenrick Avenue. Kenrick Avenue shall be swept regularly as needed. Any water used by the operator that is acquired from a City water hydrant will require a permit from the City. Exhibit A Exhibit B Exhibit C Exhibit D SRN □ & GRRVEL February 8, 2022 To Whom It May Concern, Superior Products for Superior Customers 14045 Northdale Blvd. Rogers, MN 5537 4 Main: 763-290-1914 www .s uperiorsand. net sales@superiorsand.net You are receiving this letter because you have been identified as owning property within 500 feet of the Lake Marion gravel pit property located 19250 Kenrick Avenue. This letter is to notify the public that Superior Sand & Gravel is seeking an amendment to the Interim Use Permit for the aforementioned property. The portion of the Interim Use Permit Superior Sand & Gravel is requesting be amended is the expiration date from December 31, 2021 to December 31, 2026. The reason for this request is to allow more time to restore the property as required by the mining permit and the original Interim Use Permit approved in 2011. No additional mining and gravel excavation for export will occur on the property, only hauling off-site of previously mined, sorted, and stockpiled aggregate material. Superior Sand & Gravel will be asking to continue recycle operations on the site, as it will ensure viability in the road construction/commercial materials market where opportunities exist to import clean fill into the site in greater volume. Recycled materials are an important re-use of natural resources and by maximizing products available in the pit, already stockpiled and continuing recycle operations, we hope to keep our existing customer base which will shorten the time needed for restoration. The import and grading of clean fill material will occur to raise the finished grade to a level in compliance with the previous Interim Use Permit, and to prepare the property for future development in accordance with the City's Comprehensive Plan. The request is for additional time to restore the property to complete the final grading. Our estimate is that an additional five years is needed to procure the fill material and reestablish the site to the previously approved grading plan. We have created a website to inform the public of operations on site, the restoration plan for the property, and to allow a forum for public questions and answers about the restoration process and the proposed Interim Use Permit. The weblink is www.lakemarioniup2022.com We will monitor the website and answer questions submitted from the public. We hope this will give the public an opportunity to learn more about our request and be informed for the public hearing. This information will be available to the City of Lakeville as they consider our Interim Use Permit application. Exhibit E Exhibit F 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA NEW LOOK CONTRACTING D/B/A SUPERIOR SAND & GRAVEL APPROVAL OF INTERIM USE PERMIT FINDINGS OF FACT AND RECOMMENDATION The Lakeville Planning Commission met at its regularly scheduled meeting on April 7, 2022 to consider the application of New Look Contracting d/b/a Superior Sand & Gravel for an interim use permit to allow grading, filling, processing, and rehabilitation operations on property located at 19250 Kenrick Avenue. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The subject property is guided for both Medium/High Density Residential and Low Density Residential land use by the 2040 Comprehensive Plan. 2. The subject site is zoned RM-2, Medium Density Residential District and RS-3, Single Family Residential District, and is included in the RAO, Rural Overlay District and the Shoreland Overlay District. 3. The legal description of the property is as follows: That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east – west quarter line of said Section 24 and southerly and westerly of the shore line of Lake Marion. Subject to a street or road easement for 195th Street West. Except the following described property: That part of Government Lot 7 of Section 24, Township 114, Range 21, Dakota County, Minnesota lying Easterly of the Easterly right of way line of Trunk Highway Number 35 (as now located and established) including the accretions and relictions and all other riparian rights thereto; which lies Westerly of a line run parallel with and distant 135 feet Easterly of line 1 described below: Line 1: Beginning at a point on the West and East quarter line of Section 13, Township 114, Range 21, distant 1421 feet East of the West quarter corner thereof; thence run Southerly at an angle of 92 2 degrees 6 minutes 00 seconds from said East and West quarter line (measured from East to South) for 3707.3 feet and there terminating. 4. Chapter 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. 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. Finding: Mining and excavation activity on the subject property predated most residential and commercial uses in the area. The 2040 Comprehensive Land Use Plan states that gravel resources be accessed in a manner that protects Lakeville’s environment, is compatible with adjoining land uses, and is consistent with the City’s long-range planning. Furthermore, consider compatibility with surrounding land uses and mitigation measures in the location and operation of gravel mining operations to reduce nuisance concerns such as noise, dust, traffic, etc. The proposed grading, filling, processing, and rehabilitation operations are consistent with the 2040 Lakeville Comprehensive Plan, which establishes objectives and criteria for these types of activities in areas located within MUSA Expansion Area B. The operational activities associated with site rehabilitation on the property are considered compatible with the nearby residential uses and the natural environment. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed use will be compatible with nearby existing land uses given compliance with the stipulations listed in the March 30, 2022 planning report. The proposed grading, filling and rehabilitation plans have been developed to incorporate future low density residential and medium/high density residential land uses consistent with the 2040 Comprehensive Land Use Plan. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed development will comply with requirements of the Zoning Ordinance and City Code in accordance with the stipulations outlined in the March 30, 2022 planning report. 3 d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is located in MUSA Expansion Area B of the 2040 Comprehensive Land Use Plan and is not served by City sanitary sewer and water services. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: Traffic generated by the proposed use can be accommodated by Kenrick Avenue, a minor arterial street as designated in the 2040 Transportation Plan. 5. The report dated March 30, 2022 prepared by Frank Dempsey, Associate Planner is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit based upon the foregoing information, findings, and the considerations outlined in the Planning Report dated March 30, 2022 prepared by Frank Dempsey, Associate Planner. DATED: April 7, 2022 LAKEVILLE PLANNING COMMISSION BY: __________________________ Jenna Majorowicz, Vice Chair 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA NEW LOOK CONTRACTING D/B/A SUPERIOR SAND & GRAVEL DENIAL OF INTERIM USE PERMIT FINDINGS OF FACT AND RECOMMENDATION The Lakeville Planning Commission met at its regularly scheduled meeting on April 7, 2022 to consider the application of New Look Contracting d/b/a Superior Sand & Gravel for an interim use permit to allow grading, filling, processing, and rehabilitation operations on property located at 19250 Kenrick Avenue. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The subject property is guided for both Medium/High Density Residential and Low Density Residential land use by the 2040 Comprehensive Plan. 2. The subject site is zoned RM-2, Medium Density Residential District and RS-3, Single Family Residential District, and is included in the RAO, Rural Overlay District and the Shoreland Overlay District. 3. The legal description of the property is as follows: That part of Government Lots 6 and 7, Section 24, Township 114, Range 21, lying East of the Easterly right of way line of Trunk Highway No. 35, northerly of the east – west quarter line of said Section 24 and southerly and westerly of the shore line of Lake Marion. Subject to a street or road easement for 195th Street West. Except the following described property: That part of Government Lot 7 of Section 24, Township 114, Range 21, Dakota County, Minnesota lying Easterly of the Easterly right of way line of Trunk Highway Number 35 (as now located and established) including the accretions and relictions and all other riparian rights thereto; which lies Westerly of a line run parallel with and distant 135 feet Easterly of line 1 described below: Line 1: Beginning at a point on the West and East quarter line of Section 13, Township 114, Range 21, distant 1421 feet East of the West quarter corner thereof; thence run Southerly at an angle of 92 2 degrees 6 minutes 00 seconds from said East and West quarter line (measured from East to South) for 3707.3 feet and there terminating. 4. Chapter 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. 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. Finding: The 2040 Comprehensive Land Use Plan states that gravel resources be accessed in a manner that protects Lakeville’s environment, is compatible with adjoining land uses, and is consistent with the City’s long-range planning. Furthermore, consider compatibility with surrounding land uses and mitigation measures in the location and operation of gravel mining operations to reduce nuisance concerns such as noise, dust, traffic, etc. The proposed grading, processing and rehabilitation activities are not consistent with the 2040 Lakeville Comprehensive Plan, which includes operational activities that are not compatible with the nearby residential neighborhoods and the environment of Lake Marion including noise from on-site equipment, semi-trucks and trailers hauling materials in and out of the gravel pit site as well as airborne dust and sediment entering Lake Marion. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed use will not be compatible with present land uses of the area due to noise from equipment and from vehicles entering and exiting the property and from airborne dust and sediment. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed development may comply with requirements of the Zoning Ordinance and City Code in accordance with the stipulations outlined in the March 30, 2022 planning report. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. 3 Finding: The subject site is located in MUSA Expansion Area B of the 2040 Comprehensive Land Use Plan and is not served by City sanitary sewer and water services. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: Traffic generated by the proposed use can be accommodated by Kenrick Avenue, a minor arterial street designated in the 2040 Transportation Plan. 5. The report dated March 30, 2022 prepared by Frank Dempsey, Associate Planner is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the interim use permit based upon the foregoing information, findings, and the considerations outlined in the Planning Report dated March 30, 2022 prepared by Frank Dempsey, Associate Planner. DATED: April 7, 2022 LAKEVILLE PLANNING COMMISSION BY: __________________________ Jenna Majorowicz, Vice Chair