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HomeMy WebLinkAboutItem 06a - Superior Sand and Gravel IUP City of Lakeville Community Development Department Memorandum To: Planning Commission Frank Dempsey, AICP, Associate Planner April 19, 2024 Packet Material for the April 25, 2024 Planning Commission Meeting Superior Sand & Gravel Interim Use Permit June 19, 2024 Representatives of Superior Sand & Gravel have submitted an application for an Interim Use Permit (IUP) to allow mining and excavation, grading, filling, and aggregate processing operations on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. Superior Sand & Gravel proposes to excavate the aggregate deposit within the 100-foot-wide high pressure gas main easement that runs north and south through the approximate west one-third of the property that was recently abandoned by Centerpoint Energy. An Interim Use Permit is required to allow grading, filling and processing on the property. The applicant requests active mining and excavation within the easement area and final site rehabilitation and grading through December 31, 2029. A. Location Map B. Zoning Map C. MUSA Staging Area Plan D. Area of Proposed Mining E. Aggregate Resources Area 2040 Comprehensive Land Use Plan F. Applicant Plan Narrative G. Proposed Mining and Site Rehabilitation Plan H. Resident email dated April 12, 2024 The property is owned by Ashbury, LP and is approximately 63 acres in area. Superior Sand & Gravel has been the site operator since 2020 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 site rehabilitation being completed. Superior Sand & Gravel applied for an interim use permit in 2022 to allow continuation of mining and processing that included crushing and sorting of demolition bituminous and concrete, but the City Council denied that request. North – Lake Marion South – 195th Street/Casperson Park/Gopher Outside Storage East – Lake Marion West – Kenrick Avenue and Interstate 35 The property has operated as a sand and gravel mine at various times since 1965, and the property has been owned by the Bury family since 1968. Approximately 709,358 cubic yards of compactable soil has been imported and compacted between 2011 and 2021. Approximately 334,000 cubic yards of additional fill material remains to be imported to complete site rehabilitation to the grades required to bring the property to an elevation to allow gravity flow sewer flow at the time of future property development. Between 2011 and the end of 2023, approximately 893,358 cubic yards of fill material have been imported for finished grades and site rehabilitation. The 2040 Comprehensive Land Use Guide Plan guides the property between medium/high density and low density residential with low density comprising the approximate east two-thirds of the property. The property is within Municipal Urban Service Area (MUSA) B, which guides the property to be outside the MUSA no sooner than 2029 or as late as 2038 depending on when the property is brought into the current MUSA when sanitary sewer is available to the property as development occurs from the south on the east side of Kenrick Avenue. City sanitary sewer and water to serve the property is approximately seven- tenths of a mile to the south. Natural Resources - 2040 Comprehensive Land Use Plan. The 2040 Comprehensive Land Use Plan identifies sand and gravel aggregate deposits as natural resources consistent with the Metropolitan Council identification of sand and gravel as a regional resource to be protected for extraction in support of anticipated regional growth. The Minnesota DNR has mapped a generalized inventory of sand and gravel deposits within the Twin Cities Metropolitan Area. The map illustrates scattered deposits within Lakeville with larger concentrations in the northeast and southwest areas of the city. While a number of gravel pits have existed within the city, only one is currently active. This active gravel mining operation is in southeast quadrant of I-3 and 185th Street (CSAH 60) adjacent to Lake Marion. Extraction of sand and gravel deposits must be regulated in a manner so as to be compatible with existing and planned development of the surrounding area. The intent of such regulations is to allow for the use without negatively impacting the natural environment or City infrastructure. New gravel mining operations will be limited to an interim use in areas designated as MUSA Expansion Areas, Urban Reserve, or Permanent Rural on the MUSA Staging Plan map so as not to interfere with planned urban growth. The city will also continue to regulate gravel mining through the Extraction and Mining Ordinance included within the City Code. The City utilizes this ordinance to evaluate gravel mining plans and operations in issuing an annual license after the interim use permit is approved. The west one-third of the property is zoned RM-2, Medium Density Residential District, consistent with the 2040 Comprehensive Land Use Guide Plan. The west two-thirds of the property is zoned RS-3, Single Family Residential District. Both zoning categories are consistent with the 2040 Comprehensive Land Use Guide Plan. The property is also located within the RAO, Rural Agriculture Overlay District and the Shoreland Overlay District of Lake Marion. Mining and Excavation is an allowed use in these zoning districts subject to approval of an interim use permit.Interim use permit applications must conform to the standards listed in Title 7, Chapter 4 of the City Code. 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. Superior Sand & Gravel proposes to excavate, crush, and sort the various aggregate deposits in the vicinity of the former gas main easement. Sorted materials would be shipped from the site as necessary for area building and road construction needs. Superior Sand & Gravel estimates a two-year timeframe to excavate and sort the various aggregate by size in preparation for export. 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. 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. 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. Superior Sand & Gravel 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. Superior Sand & Gravel been allowed to import fill material to the property after the interim use permit extension was not approved by the City Council in 2022. Superior Sand & Gravel shall promptly address within one working day of receiving complaints. Community Development Department staff has not received complaints regarding site operations, primarily import and grading of fill material since 2022. The city is typically notified if calls are made to the site operator. 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. A 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. 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 proposed mining and excavation and rehabilitation plan if the interim use permit is approved. Neighborhood Meeting. Superior Sand & Gravel representatives hosted a neighborhood meeting March 12, 2024, at Hampton Inn on Keokuk Avenue. Two residents attended the neighborhood meeting. Questions were primarily regarding days and hours of operation, how many years of mining and site rehabilitation, is concrete crushing be proposed and noise and dust control measures. . Decision making authority for the City is limited by the various categories noted in the pyramid below. The city may apply some conditions provided there is a nexus between the conditions specific request. An interim use permit falls under the same category as conditional use permits (yellow). Community Development Department staff recommends approval of the interim use permit subject to the stipulations noted in the April 19, 2024 planning report and approval of the findings of fact: 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 prepared by Sathre-Berquist, Inc., dated October 23, 2023. 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. Only clean compactable fill shall be imported to property. 6. Demolition concrete and bituminous shall not be imported to the property nor shall crushing of such materials be permitted. 7. The on-site stormwater basins constructed in 2011 shall be inspected and certified to be functional per the approved design to prevent soil and sand sediment from discharging to Lake Marion. 8. 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. 9. Abandoned or inoperable machinery or equipment and rubbish shall not be stored on the site. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. Access to and from the site shall be exclusive to Kenrick Avenue. 16. Any flammable liquids stored on the site shall be in above ground storage containers and shall meet Minnesota Pollution Control and Fire Code requirements. 17. 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. 18. Excavation is prohibited below an elevation of 1004 (sea level datum). The mining plan shall be revised to comply with this stipulation prior to City Council consideration of the interim use permit. 19. Rehabilitation of the property shall occur no later than December 31, 2029. 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUPERIOR SAND & GRAVEL INTERIM USE PERMIT The Lakeville Planning Commission met at its regularly scheduled meeting on April 25, 2024 to consider the application of Superior Sand & Gravel for an interim use permit to allow mining, excavation 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. 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 degrees 6 minutes 00 seconds from said East and West quarter line (measured from East to South) for 3707.3 feet and there terminating. 2 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: 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. 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. Finding: The proposed use will be compatible with nearby existing land uses given compliance with the stipulations listed in the April 19, 2024 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. Finding: The proposed development will comply with requirements of the Zoning Ordinance and City Code in accordance with the stipulations outlined in the April 19, 2024 planning report. 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. 3 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 April 19, 2024 prepared by Frank Dempsey, Associate Planner is incorporated herein. 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 April 19, 2024 prepared by Frank Dempsey, Associate Planner. BY: __________________________ Jenna Majorowicz, Chair EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G April 12, 2024 City of Lakeville Planning Commission, I am writing to ask about the details regarding the Superior Sand and Gravel mining expansion proposal at the Lake Marian gravel pit. I have been a Lake Marian neighborhood resident since 1994, and a homeowner on Lake Marian since 2012. I do have concerns regarding ramifications of further mining. The gravel pit is in the center of Lakeville, so close to the lake, and surrounding greenspace, along with the surrounding population, including neighborhoods, and schools. Obviously, this has been going on since the 1980’s, however the air quality and population growth have both changed significantly since then. In the 1990’s when you drove across the river, the cityscape had a bright blue backdrop. Now the blue backdrop of the skyline is instead hazy and gray. The population of Lakeville in 1980, when the mining first started, was under 15,000. Now the population exceeds 70,000. These are some questions. ● What is the environmental impact of removing the gas line and the gas berm itself? ● What are the possible complications? ● Which part of the mining/filling process releases the most particles? ● What percent of the mining/filling does this include? ● What are the radon levels in these pits? Is the release a concern? ● Climate change with hotter, drier, sometimes windeyer conditions, are there any provisions being made? I understand that the DNR has regulations regarding the lake. I wonder about the EPA and the regulations regarding mining within city limits and surrounding populations? Unfortunately I am out of town for this meeting. I trust these questions and others will be answered at the City Council meeting. Once the information is gathered the Council can decide “do we really want a gravel pit in the center of Lakeville?” Sincerely, Linda Burman 952-270-6987 19767 Jersey Ave EXHIBIT H