HomeMy WebLinkAbout5.b. Dakota Aggregates Request for Ordinance Text Amendment to Allow Large Scale Mining 4 ROSEMOUNT EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: February 28 and March 27, 2012
Tentative City Council Meeting Date: April 17, 2012
AGENDA ITEM: Case 12 -02 -TA Request by Dakota AGENDA SECTION:
Aggregates for a Text Amendment to Allow Public Hearing
Large Scale Mineral Extraction
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 5.b.
ATTACHMENTS: Proposed Large Scale Mineral Extraction
Ordinance; Large Scale Mineral Extraction APPROVED BY:
Overlay District Map; Phasing Plan
9/28/2011.
RECOMMENDED ACTION: Staff recommends that the Planning Commission make a
Motion to Continue the Large Scale Mineral Extraction Ordinance Public Hearing to the
March 27 Planning Commission Meeting.
SUMMARY
The University of Minnesota is proposing to develop the 5,000 acre UMore property (3,000 acres in
Rosemount and 2,000 acres in Empire Township) into a mixed use community of up to 30,000 people.
Before the development occurs, the University and their partner Dakota Aggregates are proposing to mine
the western 1,600 acres of UMore over a 40 year period (25 years in Rosemount and the final 15 years in
Empire). The Rosemount Zoning Ordinance does not permit mining in UMore. Dakota Aggregates has
requested a Zoning Ordinance Text Amendment to allow mining in the western half of UMore. Staff has
prepared a Large Scale Mineral Extraction Ordinance that would regulate the mining request.
BACKGROUND
Dakota Aggregates is proposing to mine approximately 1,250 acres of the UMore property for sand and
gravel, as well as use approximately 200 additional acres for ancillary facilities complementary to the
aggregate use, such as a concrete and asphalt plant. About 550 of the 1,250 acres being proposed for
mining are located in Rosemount and 160 of 200 acres of the ancillary facilities are located within
Rosemount. The ancillary facilities including aggregate processing, asphalt plant, concrete plant, and
maintenance facility which are proposed to remain in Rosemount for the entirety of the mine. It is
estimated they will be located in Rosemount for 40 years, several years after the 550 acres of mining within
Rosemount has expired and mining activity moves south into Empire Township.
The scale and scope of the mine proposed by the University is significantly more impactful than the current
mining activity in the community. The intentions of the University are what prompted the City's assessment
of the current mining ordinance and resulted in the ordinance currently before the Planning Commission.
Large Scale Mineral Extraction versus Small Scale Mineral Extraction
The City has an existing Mineral Extraction Ordinance that is used to regulate the mines on the east side
of town. By ordinance, any new mines must be located east of US Highway 52 and within one mile of
County Road 42. City Staff is not recommending to apply the existing Ordinance to the UMore mine,
both because the locational criteria would not allow the mine and the Ordinance is intended to regulate
mines approximately 80 acres in size, consistent with many of the existing mines. To regulate a mine of the
scale proposed by Dakota Aggregates, staff is working to create a new ordinance, a Large Scale Mineral
Extraction Ordinance that would regulate the impacts that arise from a 1,600 acre mine that is about 180
feet deep and could process more than a million tons of aggregate every year.
Major Mineral Extraction Ordinance Differences
Small Scale ME Ordinance Large Scale ME Ordinance
Area Allowed East of US Highway 52 within South of CSAH 42, West of
(Overlay District) one -half (1/2) mile of CSAH 42 Akron Avenue, North of CSAH
46, and East of Biscayne Avenue
Total Operation Size Less than 160 Acres 160 Acres or More
Maximum Annual Permit Size 19.5 Acres 160 Acres
Concrete and Asphalt
Ancillary Uses Concrete Production Production; Maintenance Facility;
Casting Yard
350 feet from Residential Zoning;
Setbacks 30 feet from a non extraction 150 feet from Industrial,
property Commercial, or Institutional
Zoning
Proposed Ancillary Uses
PROPOSED USE DESCRIPTION
Aggregate processing is the washing, crushing and screening of the raw aggregate
AGGREGATE mined from the site into piles of separate, marketable aggregate products.
PROCESSING Examples of these products include sand, class 5, landscape boulders, MnDOT
specification concrete aggregate. Typically occurs within the mining pit, although
can be located in a centralized location.
Offices for managers, meeting rooms for employee training sessions, break or
lunch rooms, and bathroom facilities. Offices in most gravel mines are in the
OFFICE form of a construction trailer but due to the size and length of time of the gravel
mining and ancillary uses for a large scale operation, it would be expected that the
offices would be larger and housed in permanent buildings with running water.
Similar to the aggregate processing function but the difference is recycled material
is trucked in from off site and does not come directly from the gravel mine. All of
RECYCLING YARD the existing gravel mines in Rosemount recycle concrete and aggregate from road
projects, but none of them recycle asphalt or shingles. For example, the asphalt
plant could take RAP (recycled asphalt product) or recycled shingles to lower the
amount of oil needed for a batch of asphalt.
2
Series of silos, oil storage tanks, truck scales, conveyors and aggregate piles that are
used to manufacture asphalt. Due to the different types of asphalt batches, silos
ASPHALT PLANT are required for the different types. In the UMore proposal three oil storage tanks
of 12,000 barrels each are requested, which could store over 1,500,000 gallons of
oil on site.
A concrete plant looks similar to asphalt plant with silos, truck scales, conveyors
and aggregate piles but without the oil storage tanks. A more permanent plant
CONCRETE PLANT includes enclosed silos and truck scales to allow winter production. There are also
"summer" plants that are more temporary in nature (they can be moved). Either
type of plant would require a separate permit under the ordinance.
The maintenance facility is a truck and heavy equipment repair shop similar to the
shops located at the trucking firms located on the east side of Rosemount. While
MAINTENANCE the maintenance shop would likely work on the trucks and heavy equipment from
FACILITY the gravel mine, the maintenance facility can also repair trucks and equipment
from the asphalt plant, concrete plant, and other ancillary uses. Typically, a gravel
mine would not have enough equipment to warrant erection of a maintenance
facility.
The casting yard would be used to store concrete products. Often there is a
relatively small building planned for casting and kilning the concrete products but
the majority of the site is outdoor storage of concrete formed items. Dakota
CASTING YARD Aggregates stated the plant would manufacture concrete products including
retaining wall blocks and bridge sections. Other cast concrete products could be
concrete pipe like those formally produced at Hanson's in Apple Valley. The
casting yard would be located at this facility because of the concrete plant.
LARGE SCALE MINERAL EXTRACTION ORDINANCE
Staff has prepared a Text Amendment to regulate mining on the UMore property. Staff has discussed
particulars of the potential mining operation with the mining consortium, Dakota Aggregates and the
University over the last several years. Much of what appears in the proposed ordinance relates to issues
that were raised by the public, staff, the City Council and even the operators themselves. The intent of the
ordinance is to permit a large scale mining operation but minimize and mitigate potential off -site impacts
associated with the activity. Within the ordinance, staff is attempting to document operational procedures
that have already been agreed to by Dakota Aggregates. In some cases the regulations are over and above
what Dakota Aggregates is agreeing to and the Planning Commission and City Council will need to decide
if the proposed regulation is reasonable or too onerous.
While this ordinance is prompted by the University proposal, the Planning Commission should try to
evaluate the ordinance on its own merits, not based upon what you know about the proposed mining
operation. If the City Council approves this ordinance, the mining permit, specific to the UMore property
will be reviewed and analyzed against the adopted ordinance. It is anticipated that permit review would
begin in May or June of 2012.
Attached to this Executive Summary is the proposed Text Amendment that would adopt the Large Scale
Mineral Extraction Ordinance and modify the existing mineral extraction standards into a Small Scale
Mineral Extraction Ordinance. The proposed Text Amendment is twenty (20) pages. Below, staff will
summarize the content and purpose of the various sections of the Text Amendment.
3
Purpose Statement
Section 1 of the Ordinance explains the purpose and intent of allowing large scale mining. This section
will not be adopted into the ordinance text but would be used by future staff, City Council, or
commissions to understand the background of why the text amendment was approved.
Interim Use in the Agricultural Zoning District
The text amendment must address what zoning district the mining can occur within and if a separate
permit is need to conduct the mining. Section 4 of the Ordinance would add Large Scale Mineral
Extraction as an interim use in the AG Agricultural zoning district. Section 3 removes mineral
extraction as a conditional use and Section 4 replaces it with Small Scale Mineral Extraction as an interim
use. It is important that mineral extraction is an interim use instead of a conditional use. Mining is interim
because the land will be used for another use following the mining completion. A conditional use could
continue forever.
Definitions and Changes to Existing Mineral Extraction Ordinance
Section 2 of the Ordinance describes the difference between Large and Small Scale Mineral Extraction and
Section 5 makes the revisions necessary to the existing Mineral Extraction Ordinance to make it the Small
Scale Mineral Extraction Ordinance. The five existing mines in Rosemount will still follow the same
regulations as they do today. Section 6 describes the area in which any new Small Scale Mineral Extraction
operations could occur.
Overlay District, Review Process and Application Requirements
Section 7, A through E describes the area within Rosemount where it is allowed to submit for a Large Scale
Mineral Extraction permit (south of County Road 42, west of Akron Avenue, north of County Road 46, and
east of Biscayne Avenue), the specific definitions related to mining, the process for permit review and
approval, and the material needed to be submitted to evaluate the permit conditions.
Separate Interim Use for Ancillary Uses
Section 7, G describes the ancillary uses that would be allowed (concrete and asphalt plants, equipment
repair shop, concrete casting yard, and aggregate processing) adjacent to the mining and the specific
standards that these uses must meet. The performance standards for these ancillary uses are different than
the mining operation itself and separate permits are required for these ancillary uses.
Performance Standards
Section 7, H describes the performance standards the mining operation will need to follow. The issues
described here include hours of operations, noise and dust standards, access routes, screening standards,
topsoil handling, water protection, and lighting. This section of the ordinance addresses the majority of
the issues raised at the neighborhood meeting conducted by the University of Minnesota and Dakota
Aggregates. The standards are similar, but not identical, to the standards of the Small Scale Mineral
Extraction Ordinance. It can be anticipated that a good portion of the public comments offered at the
public hearing will be specific to this section of the ordinance.
Reclamation, Restoration, and Rehabilitation
Section 7, J describes the requirement that the mining operation must conduct to return the finished mine
to a condition that would be suitable for urban development. Staff is particularly concerned with the detail
4
of this section because this section needs to foresee issues that may not arise until 25 or more years from
when a mining permit is issued. If these standards are not sufficient, then the urban development that
follows may be of a lesser quality than if the UMore property were developed as it exists today.
Annual Operating Permit
Section 7, K describes how the annual operating permit would be reviewed and issued. The annual
operating permit may be analogous to a liquor license for a bar. The overall Large Scale Mineral
Extraction permit will describe the complete mining operation, while the annual permit deals specifically
with the area being mined that year. Similar to how a bar could request a liquor license modification for
adding an outdoor patio and the Council would determine conditions specific to the patio, the annual
permit would allow the Council to evaluate the specific mining areas mined that year. However, the
Commission and Council should be aware that any anticipated concerns or regulations should be set out as
conditions of the mining permit. By being more conservative during the initial review, the City can modify
specific standards during the annual operational permit review.
LANDSCAPING ON BERMS
Staff and Dakota Aggregates cannot come to agreement with the landscaping requirement on berms that
planned to exist for longer than fifteen (15) years. The Zoning Ordinance states that deciduous trees
installed are between two and two and one half (2 2.5) inches and conifer trees that are a minimum of six
(6) feet in height. Dakota Aggregates is proposing to install deciduous trees that are between one and one
and one half (1 1.5) inches and conifers that are a minimum of two (2) feet tall. The purpose of requiring a
minimum height of trees is to provide immediate screening. Staff in concerned that trees the size that
Dakota Aggregates is proposing will not provide sufficient screening immediately and would take longer to
grow to their mature height.
NEXT STEP: ORDINANCE ADOPTION IS NOT A MINING PERMIT
If the City Council adopts the proposed Text Amendment, that does not give Dakota Aggregates a permit
to begin mining. Following the adoption of the ordinance, Dakota Aggregates will need to submit for the
Large Scale Mineral Extraction permit. That review will require a public hearing in front of the Planning
Commission in which the public can provide comment specific to the mining operation proposed and the
Planning Commission can recommend conditions dealing specifically with the concerns raised. Following
the initial permit being issued, annually Dakota Aggregates will need to request renewal of the Annual
Operating Permit. The Annual Operating Permit will require its own public hearing in front of the
Planning Commission and the Planning Commission can recommend specific conditions at that time that
would address the concerns raised at that time.
The tentative schedule for mining review is:
Large Scale Mineral Extraction Text Amendment Public Hearing: February 28 and March 27
Large Scale Mineral Extraction Text Amendment Approval.• April 17
Large Scale Mineral Extraction Permit Public Hearing: May 22
Large Scale Mineral Extraction Permit Issuance: June 19
CONCLUSION RECOMMENDATION
Staff recommends that the Planning Commission open the public hearing and take testimony from all the
public that is in attendance. Staff also recommends to continue the public hearing to the March 27 Planning
Commission meeting. This continuance will allow time to evaluate the public testimony and consider
revisions to the ordinance to address concerns raised.
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CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE RELATING TO LARGE SCALE MINERAL EXTRACTION; AMENDING
ROSEMOUNT CITY CODE, SECTIONS 11 -1-4, 11-4 -1 AND 11 -10-4 AND
ADDING NEW SECTION 11- 10-4 -1
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS as follows:
Section 1. Purpose. The purpose of this ordinance is:
1. To provide for the economical availability and removal of sand, gravel, rock and soil
vital to the growth of the city and the region;
2. To establish regulations, safeguards and controls in the city regarding noise, dust,
traffic, drainage, groundwater quality and other factors that will minimize the
environmental and aesthetic impacts on mined or adjacent property;
3. To reduce the potential for pollution caused by wind and soil erosion and
sedimentation;
4. To establish the locations, orderly approval process, and the operating conditions
under which large scale sand and gravel extraction and processing will be allowed in
the city; and to establish conditions that insure the restoration of mined areas
consistent with existing and planned land use patterns;
5. To regulate and ensure that mitigation measures are implemented on large scale
mineral extraction operations that have completed their environmental impact
statements and /or other appropriate environmental review;
6. To establish a large mineral extraction overlay district as the only location where
large scale mineral extraction operations will be allowed, pursuant to City Council
approval of an interim use permit and annual Council approval of annual excavation
permits.
Section 2. The Rosemount City Zoning Code, Section 11 -1 -4 is amended by adding the following
definitions:
LARGE S CAT.F MINER AT. XTRA TTON ineral extraction at a scale that would reauire a
.•_n•. -m-n ri. L_ _r 1 "11
On lnln
a t T •N: A 1
ni.._.•-n a -m- M•-• u 1 .1- P.r 1 4.11
Minn'.
Section 3. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph D is amended by deleting
mineral extraction as a conditional use as follows:
1
D. Conditional Uses:
Mineral extraction, provided the site is cast of -&t-ate Trunk Highway 52 on properties
situated within one half (1/2) milt of County Statc Aid-Highway 12.
Section 4. The Rosemount City Zoning Code, Section 11 -4 -1, paragraph E is amended as follows:
E. Uses Permitted By PUDlnterim Uses:
Nonc.
,1- ,1 r-1, A •111 .i iL. r,
Extraction Overly District described in Section 11- 10 -4 -1. 1 'n _01 1 in 1
m, ,1- in- Ex. i• r-1, ,ll ,1
District described in Section 11 -10 -4.
Section 5. The Rosemount City Zoning Code, Section 11 -10 -4, paragraph A is amended as follows:
11 -10 -4: SMALL SCALE MINERAL EXTRACTION:
A. Permit Required: It shall be unlawful for any person, firm or corporation to remove, store
or excavate rock, sand, gravel, clay, silt or other like material in the city, or to fill or raise the existing
surface grades, without receiving a permit for mineral extraction. Such permitsPermits for small
scale min eral extraction un der tbhss Section may only be issued in then zoning district ._nwhere
mineral extraction is listed as an interim use. Furthermore, Small scale mineral extraction shall
notmg be allowed only s ,1- ,1 Districtao as not to
interfere with the orderly growth and cxpansion of public utilitica Per mits for mineral extraction
,1- L Ex on Di -r i•. 1 1-
-..:.n:'..-, :•n.- a' ,__t• r ,n •f_.
1. Jig ,i•n .r., -1 41.1 if sit
has been issued.
2. x ,v, •r i& s•ri: •n i_ or
•f
N i t h•• .hi h ,n. s,
issued by the city.
x ,,1_ sir it 111 ,r- f in, •r•.- .-._a.
lie •r f• ,•ri s- _As -1 -1
2
Section 6. The Rosemount City Zoning Code Section 11 -10 -4, paragraph B is amended as follows:
1. Excavation for a foundation, ecllar or basement of a building if a building permit
has bccn is3ucd.
2. Excavation by state, county or city authorities in connection with cow
maintenance of road3, highways or utilities.
3. Curb cuts, utility hookup3 or street openings for which another permit has bccn
is3ucd by the city.
1. Excavation lcs3 than onc hundred (100) square fcct in arc or onc foot (1') in dcpth.
5. Excavation or grading for agricultural purposes. (Ord. B, 9 19 1989)
m,_ -r,lE is. •rl, b' •r, _l,
i BS. y .n- h_ 2 HH t• _nit
.Hi•h., '2 th- is ,1 •n- •.lf 1
i •h Hi••._ 2
Section 7. The Rosemount City Zoning Code is amended by adding new Section 11- 10 -4 -1 as
follows:
11- 10 -4 -1: LARGE SCALE MINE' EXTRACTION:
A. -r•,. s- .nl, s ,n a- •n f M„ or *Amor.! •r
•r x .k ,n• or
f, ,e- ,r:- Min-r, _x :.n -rl, 10'
.'•n i r- i m i l ,r• ,1 -x_ us •-r,:
in z• h -r- _1- -r, :•n i
,n. 1 r -r,1 i P- f.r -x :es
A_ m.11. ,1 i i x •rl- D
11 -10 -4.
Im •,11, ,1- -r,1 r•,_ ion f. r,• _n. •r
i ,n. 1. ,n••. .i. for
_••-r :•n 1- 1 •-r .i f 1•
1. Excavation for a foundation, cellar or basement of a buil. g if a building permit has
been issued.
2. x :•n. _ns is ,_s I.
n,1 hi •r
3. Curb cuts, utility hookups or street opening for which another permit has been
issued by the city.
4. Excavation less than one hundred (100) square feet in area or one foot (1') in depth.
5. x „den f i s ..A.
3
B. ,r!- Min -r, :ea Di t ,1 z
li s h -e. Th- .•.n., Of H •n•_ 4 .A
to the east, CSAH 46 to the south and Biscayne Avenue to the west.
C. Definitions: For the purposes of this Section, the following definitions shall apply:
Asphalt Plant is a facility used to manufacture asphalt or other forms of coated road stone,
kn.• ,ll•. ,:•n.
,n. f -r in •.•r••! •e ,n. _A.
.in. -r. '.•1 1-. ,..r r-
mix.
B -r. h-lf err,. .,rri-r -8„.• a.
Bathymetric or Hydrographic Charts are charts that show lake bottom relief or terrain as
,ll •n .r' es, .u•
•n r -i s ..:n. k. Th-.. •m..
-m- f. •f -fin- ,ee ,n. •,r s= ,n.
.in. kilo. on r-
Construction Aggregates or "Aggrte" is a broad category of coarse particulate material
s :n. K, •n- ,n. r-
•n 18• v- •r -i •mm•n .i- •f ..ni .1 n
materials from one location to another.
a_ hin. hin• Pl,n i •ls sir el, i1• r•
rocks or gravel.
„lion _4 1 -n.
F1.,.
•r-.• 'It At i O.
AS es, i,l from n. prin. her-
in •n A_ ••n ••r •.-r:lEx :•n x :•n •fin•r•,ni m, h -1 ,is.
f-r k -i ,n A. s fro
lot.
Portable Processin E is equi designe on a skid or xe m
al assebly that n
ca
m• r. r •1:•. i•!
Pr- P -,r-
.r f: ilia ,n. ..r •n !1. i ,f
a proper curing time has been achieved.
R-,. ix-. •n •i ,n 1_ '1.-.
for delivery to a customer's construction site in a freshly mixed or plastic unhardened state.
:ion no -i .r• .f r At i i
*et'. 1 .e ,ll •f work -n
2_,• I. in. r •11 r
4
.h•1 ,n. •r it P r a- h
1 .1 1 1
n- .r.. 1 1 r•- •m• hin" y,1. ".m: i in•
is .•r:
!1• "a i. fl in .r- f• 1, 11
-i 1• •s, ri L'•• OP
handling process. Stockpiles are normally created by a stackin cg onveyor.
-m•�J• 1.1, k. J ,n.
•m J- of i ,lia ,n. 1n -0
production of high pub construction aggregates.
T. ri,1 ••r 111 -n. of ':1.
Topsoil is the upper outermost layer of soil, usually in the top 2 to 8 inches. It has the
•f .r. 1 JJ, •r 1J• -11 .•.1•
activity occurs.
,1- i •1, f• i k •n f• i•hin•
K. ki •.,1 ,n• -n i•
=r -OS
table_
h i .1, hin- h ,11. ,n. •r, •n
_1 1 k.'
D. Review Process:
1. _oh H ",J�•: .ill f• on i• •t
le oh ,:.n. •.■li 1-,r
permits shall be the same as those for amendments as provided in section 11 -10 -11
of this chapter.
2. ri -r•, •r P- A.. ,1: Th- '1 •r ,1 h -n
-r .h- :l,r•- .1- :.o 1
.r. .1• ru n. is 1
following factors.
a. -n .j is P.li i- Th- •.1,•- ,l-
-x, :.n i •n i _l _1- Inc -1 i X_•1" 1 J
1. •n i ,.1- -x i n• k• 1
h of sand and gravel deposits will not tend to create a nuisance or
•n,•1 1,n• '•1•, •r 1. ,1 •rf
and environmental standards on the adjacent properties. The applicant for a
,1' .1•R••,:••
-r 1" _l." :.s in 1_•_1• _.Js 1. •11010 _•1-
•n•i.". hie' :_1• ,1_. •1 1.__12A
.n. 1,0• 1 ,:•l ,t... r of 1.. .it As 11
1 rll i -•,1: rte••_ im.,
5
b. E _,1 1111., m•. 4"111
Minnesota Environmental Quality Board Rules) shall be completed for each
1,r.- ,1• -lminin• .r.•- y. .r... 0,
_1111., •.f-.
ir•nm-n im., 1111,
Gil 1111" it li•.. A,_ 1 e_-
r, .-rml r'• 1 ,.s f•
extraction permit shall not be considered complete until the time as final
.u. on 11 11_ of iY•l...-
statement.
c. ••n Di i- 11 11
Goo .1, ,1- :•e _,i•n t,_ .e..
to lame scale mineral extraction overlay district.
E. A.a .1 r ,1111 f• 1, ,1- su
include the following
1. The correct legal description of the land upon which excavation is proposed.
2. •f _i• ,n -G.,- of ,n.
1 ,11 •_,1:. s. ,1 ,1.. ,:•n.
3. The names and addresses of all adjacent landowners within one fourth (7 mile.
4. The purpose of the proposed excavation.
5. Th- S •m. "x ,1111. „tie r- ,i•ri.
6. The names of the highways, streets or other ...li r. i A i
which the material shall be transported.
7. A .r...•..' 1.ri ,l- •n- in 11
h•win' .r- -n -1 -e 11" x 1111 O.. Al ._1.. 1 _AO .1.
minimum of 300 feet of the adjacent land on all sides of the proposed excavation
area.
6
8. r -h,. r- 1,m: e. •r, ,n 1
continuing rehabilitation of all excavated land.
a. •.11 till •h• _AL
._e.. ,1- In- 11 ,n. ..J
f, i_• .11• .i_•
1) tl.r •Ln 1, -n min- r -m• ,1
t i., .1
2) The estimated period of time that the pit will be operated and a schedule
f•r t h,.' t••
within the active, inactive and restoration areas.
3) e• •f i f• •f •il,n.
4) The depth of all water bodies, the slopes of all slopes after rehabilitation
n. ri.: f A- We and quantity of plates where re-
vegetation is to be established.
5) The five foot contours shall extend at least 200 feet beyond the
.,t, r, •n. t• ri•
whichev is more inclu sive.
b. L ...n.hn i.
.:.n in .e of. -r
excavation. No groundwater excavation shall be filled, in whole or in part,
without prior council approval. The hydrogeological study shall include the
following_
1) 1- ri. .•ri.f 1•.•.. Z ,n. ,.:•n. 2 D 1 Ile "It t i in i 0
and placement procedures).
3) D- ri.:•• 'f-r •t_• in h
I ,_A n
4) ri. •f, •f ..s :i i .-...t
flow regimes.
7
5) •nl. r
6) h -tin ,:•n it o•, r.!• uu
c. 4. ill. ,A!. 1, q .h..
d. .is'.• -i•h 1: n•• -r -_!L .e of .1
extraction operations or within twelve (12) months after the expiration of the
.nn_,. ••g •r
,n. t_ i._ 1! 'X 1
.s- ••1- ,ll -h,, i
as provided by the rehabilitation plan.
e. 1• 1. r- s i pable shall be at
It f- •r f.• i ,1.
m.._'! l.m,:•n 6
.r- ,n• t 6/ 4 A t I
•en t 1 f.. r: ,1. n 1.. It t
f-- 'z. s.- 1 'r: ,1 li
enu• --r.n! r.
f. As B.. •r u, l!,! ,k-
ll ••in' s a s
et __IA 15 of_ on
1:1 1 ol,•! f s floe es 's
to at least fifty (50) feet from the proposed shoreline toward the center of the
-r! B- on. 1 f-- s 1..
•_r n•
9. ,:•n •f ,n! 111 ,n! iz 04 0A -r-•
10. h -r f. m, is fr.
limited to, the location or anticipated location of all stockpiles of aggregate -based
on A_ ..n -._i m, i,1 t -r i
F. A .i• .1- :•n••-r,:•n
toe
Th ,r•- !,'!-r,l
extraction operation.
1. Gravel Crushing.
2. Gravel Washing,
3. 11fi- •i, r..'•
4. Truck Wa shing.
5. V-hi ,n. .l.- -n,-
8
G. Th-.- r of
i4•' ..n •,N 1. s 1.
"x__ •••n•. .1. n_- ,n _i• •8 8 A8•,
•n. •1. h- ..1
uses to a large scale mineral extraction operation.
1. Separate Interim Use Permit Required: To address the issues, nuisances and adverse
•r•v'. in ..n -11 of 11,9 r ll '-e f. ,n. f•
h, ill, T. 11• ono e'en es- 1• •1-,
.ill. s• -n.' T. .-'i.1
whether to grant, grant with conditions, or de an application fo such an ancillary
i i .1 is 11_
2. n ,te r h• .is
i•-r .ice l,r• ,1 :.n
issues and performance standards that shall be addressed within the interim use
permit.
a. se :•n: .4 .1,1 f• r- m,
•n _At 3- 1- ,1 ill' r0•'
I Oil _1 f. 0,..1•
standards shall apply:
1) Location: The plant shall be located in such a way as to minimize its
visibility from an adjacent residential use or a public right of way. This
m, 1, e ,•m•
,.•n •r 1 �1.! k •m ,n
•r••• __l h, .1,• It k
el" i 1
2) .n 1, I f, "s _1
concrete plants, each concrete plant shall have its own separate interim
Th- A •n s-
-L _el• •n• m• .,y
••r ,1 r r .1,• m, 1
period of up to eighteen _(1.81 months provided that the primary r� eady
on r .1,n n 1. .1
1 ,1 1_'_ r- .1, -n h: i
continuous construction of the enclosure occurs. Secondary ready mix
•n r- .1, .n 41_8 0_•..1 .1
.4 .1,.•
3) ,n ,•i.h: 1•,xim... •h •f,• 1, •n
1 4 4. fi
9
4) Material Stockpiles; Stockpiles associated with these uses shall be
lirni -i h 1• s 1'.
5) 11, .••r •r._ Th -r- h: f -ri:l
or products. All equipment and raw material associated with the cement
.1. -n A fr• ,i
f. .1 1
goo of
6) Hours of Operation: The hours of operation shall be limited to 7 a,m.
•.M.•.: .s .1. i 1._•
by the City Council within the interim use permit. The extra hours of
:.snm: •nm.r- l•
standards to address the additional adverse impacts resulting from the
extra hours
7) Haul Routes: Traffic generated by this use shall utilize haul routes
...r•V is .n. n 1 .1
shall be responsible for road improvements and easements needed for
1111 1l
..n. •h. 11
lb-.. .i•n ll.
b. Asphalt Production: A plant for the production of asphalt may be allowed
•n i h. .r• 1.Y• •n '1
compliance with this section. In addition, the following performance
standards shall apply
1) l•- .a. .n.: ..'.m -n
ISO
ti •n-.
2) It C. -in.: h .L•n .n•
associated with i t shall be set back a minimum of seventy five feet X75')
f sin .•.-r, ••.n•. Y ri.i__ t_
including berming or vegetation. Year round one hundred percent
11 .1, i r .n. •n• pin.
fr.m ..1 f i -r 1 of
•-i•h 9f 1 0 0 19:9 fife 1 0
t_ 0 i •m 1-
surrounding right of way or roadways.
3)
...Y• is -r =•-n Th•
h. r- f. re,. .r• .n. u
in.r- :n. •...r. s. Th-
r 11):k• t V•.: A•-•
D•..r. .n ..r
10
4) r, r, h
•.••z.
.1 ,11 i, .i
serve the use.
5) M: i,l i, i
limited to a height of sixty feet (60').
6) Outdoor Storage: There shall be no outdoor storage of finished material
•r••_ 411 •c,
plant must be screened from view from an adjacent residential use or
for 1, .i. 1
Storage of this title.
7) 4• E i•n A 1 i• t U R.
P, 1 for _'s• m•.i ,iec,l
8) B11 se_ h,_ n•
the soils of the lot, across the boundaries of the lot or through
1 ..n oil. 4 1. •r.- -1.
where such use is located, toxic or noxious matter in such
concentrations as to be detrimental to or endanger the public health,
safety, comfort or welfare; or, cause injury or damage to property or
business.
9) Odors: This use shall operate so as to prevent the emission of odorous
matter of such quality as to be detectable beyond the lot line of the site
on which such use is located.
10) •n.: Thi I, i ,••li -r,:••
.l r -m- f• •r, t f• -r,l
extraction specified in subsection K4 of this Section.
11) H•._ •f•• ,i•• ,.•l
.M• ,t_ i, "r i•n
_o is n .'_t• •f
•'i•n 1 "r ••••,1 1St
C. ►t ,n s f. s
m 1 11'01
leer*
T. _t. ..n ,n.. it A- •=4,
comply with site, lot, and building standards within Section 11 -4 -16
P,r, F
11
d. Y, -'a f• t•,1. •.A_ Of •r•
1 ,re 1
•m11i, 1_ :.n. r-
shall occur within a building while the curing of the products may occur
C I S t• n A. n all 11:-
than ten (10) years shall comply with site, lot, and building standards within
Section 11 -4 -16 Paragraphs F and G.
e. A.. in. •R- 1 •r Pr..
r
r• 1 •h,l m, 1 111 i 1
hr•• i1' •rmi '1 loos .i
a...: 1 0111, ll
1) .n: 1- 1. h 11'.1 -1
visibility from an adjacent residential use or a public right of way. This
m, h •_.h
vegetation, berming or setback.
2) Material Stockpiles: Stockpiles associated with these uses shall be limited
•f ix• f-- 1'
3) if Os :•.4: ..•n h, 1
.m.M•••: .s_ ••rtni
the City Council within the interim use permit. The extra hours of
operation may be conditioned on more restrictive performance standards
to address the adverse impacts caused by the extra hours.
4) R, A :ti Pr. in P
Pr** T. 1 z :.'t. -ri,l ,n•
e importing of material transported from outside the associated
•r, -1 :u. r r •_s.
h, 1- ,.li A CO: h- r,.•
h, •f s 1 °0 •r•
m, •_11 -s s •r n 1°o 1• r
11.: .f, s. in•. Th s., •r•. .•nr,.• h, •.r is
on an annual basis.
H. Performance Standards:
1. Boundary: Extraction operations shall be conducted within the confines of the
excavation site described in the permit.
2. Access: Extraction operations shall only be allowed on sites that have direct access
,r •ri,1 1i _u. i. L•, .1 i14
R. .1 •m•r -h- L ,c. 'f 1
the City Council.
12
3. Setbacks: Setback boundaries shall be as follows. Where setbacks are measured
fr.•• 110._0•:•- 11 00 ri•
zoning district boundary is assumed to be the centerline of that public right -of -way.
a. D• _i 1
b. I I 1 1 1 0 0 I I f
c. A. cultural Zoning District: 30 feet
d. I h_ .i R n R Z• Di 11
e. Right -of -ways or Streets: 75 feet
f. Pre- existing Water Bodies: 150 feet
4. Height:
a. The height of all equipment, stockpiles, and all other operations, except
those described in subsection b and c below, within the permitted mineral
extraction o• r •n ,11 I (60) feet. This standard does not
b. •r on A. ,11 1
installed at-a maximum of seventy (70) feet in height provided that the
conveyors are not installed more than twelve 2
_t. oil ,r- ..-r•-1., 1
within twelve (12) hours of completing the stockpile.
c. Th- 10,: h. 011 f f--
5. B rmin The mining shall be screened from any public
ri.h -.f •r .8# -n re .'•,..n
trees, big and installed landscaping.
a. 0:_110 Th- .r- m- f r--•
.ni ,in of
-1
o. -r n 1 f ,n. 1111
provide ninety percent j90 opacity, then additional landscapingshall be
installed to provide ninety percent (90 opacity. An annual opacity audit of
the tree stands shall be conducted and dead vegetation shall be removed and
,11,n. ,.in• ,ll- s. 11 1
b. B -r h,_ •0 -•in, .h r s
1-, f- -i•h
•rfr•m if A",. h-
the greatest height of the berm.
6. Hours of Operat
a. Minin Th- r n 0- O. et. Uses,
hr..•h ,11_•, :s P 1•.•• D m, .i
.n., 0.-r, n. •••r s,• i
,nn ,ll .r. i_ r, n.: ••i ni11 1 -1•.•.
Director no less than 72 hours before a Sunday operation. The City Council
m, ,n i f• h• •n AI ,n•.,.
13
extraction permit. The extra hours of operation may be conditioned on
y: ••rf. m. 19
impacts caused by the extra hours of operation.
b. y. as. -r, uu.
7 p.m. Monday through Saturday. The City Council may grant special
.n •r x h•. of :en c•iti .1 .:s•
The extra hours of operation may be conditioned on more restrictive
.n•• A hours of operation.
c. Truck Hauling: The hours of operation shall be limited to 7 a.m. to 7 p.m.
Mono., Th- 1• s "1111 s
•riz• _n., ..m. .l sr _.._s
.a •r. i• •.i t.11
Development Director no less than 72 hours before a Sunday ope,_ r
is •.n i. -rmi i•• h..
i n._ h- -x h.. -r. :.n
..n •nm•r B rf•rm.n in
limited to the truck haul routes, to address the adverse impacts caused by the
extra hours of operation.
d. Staging Activities: Staging activities will be permitted one half hour before
ri• !.1 5. -••.1.
IL. ..n. 1.. •f in 9" IL r •r .1 t. -r .it •1-
before the normal hours; however, no gravel trucks may leave the site until
normal hours of operation. After the P.M. normal hours of operation and
III .1 h, fh.. P.M.
and equipment maintenance is permitted as well.
7.
a. Minin•: n. •ri• .:.n .11 -x .n
h 1 l..-. 6- •s
h• riz.n s f.. r 1•.-
Cii3LEngineeL
b. T I •rri•h im•
.nf. f h. •n• 1 f..
Th- -x is •f s .-rim- a! 1•. 1 -r .n
f•• h. s! f•• r. •1.
8. Noise: Maximum noise level at the perimeter of the excavation site shall comply
..li h••. .:.n .1 t•
.n• En •n -n ,1P *•-1
14
9. t•,. •ll, f.m: it' r,
,l r--
1, 1 1 m fr... i•- i• tit ••.t•_
1 _�_1• 1 ,1ri. -x ,:•1 i s" it 1.1 11,
require additional paving length if dust and mud tracking are identified as a problem
i•. All _n., e r•,• .!.•_e _0• •.•r,••1 1, .l
dust retardant on a regular basis as stipulated in the annual excavation permit.
10. •1 •m ,ll. ,1m "0 ,m•.•
1_•': ,:•n ,:•n 0 ,n "0 1 0... •f
•r •.1" It I m, t t h,. II_
0. h 'An- P•. :en •n_. ••1
_1• •11- -n Dir- 11., r _1. 11-1-.,_
•.•,••n 1-1, •r,•.•
11. in 1. ,1. 11_1" x r,..•
prohibited.
12. f, •ll...n: 1 _s it
Water Management Plan. Excavation operators shall comply with all applicable
inn- •n •n n ,n. -n Lot_ s_ ,1
r _l,:•n ,n• ,ll ..li ,.1• •r1•"• ,1 r. A• -1y
f•r :.1_.
residue, including untreated wash water, shall be deposited in any public waters of
the State of inne ota.
13. _n• -r: h- „I;01 Or .r•., •rip_•
plan to ensure that oundwater flow, level,_or quality is not impacted. The
groundwater monitoring plan shall comply with C itya_ d innesota Department of
Health regulations.
14. In i 1 on •rm A. it
h,• -r 1,k.. ,n ,ll,.. ,•1- f•• ,1
regulations.
15. e i -f• 1 '•1 •ln -x 1• -r r n ,m, e.
r h,llr-m,in •f ,1
r- ,in-• -1 -1: 11_ •f 1" i •1
t._00 n. •_y 'r
16. Landscaping:
�a-
a. t •.n• -r h,_ 1,.'
f i•1 m, •r 1
_1_. 1.0_•
15
b. T. vi _i •f i• .1.,•
•,n f t i i
A -t .f 0 0 a
c. Berms that are planned to exist less than 15 years shall be landscaped with a
standard MNDOT ROW mix.
d. 'll,r r ,ll. i i ,..r• e
1 ,.li
be applied as needed until the vegetation has been established.
e. Th- -r .in- k_
m.r- i i ,r-, •-n-
airborne dust picles.
17._• ,n
a. -a .-k-.
b. ••n m, n• h -m• f.
excavation site.
c. hin- h. .-risk• in ,n•
.r- i :A ri•r, i .f o m: 1
18. Lighting; Any lighting shall be shielded to prevent Lights from beingslirected at
_•li r•,• erilli, i •f
n• in -r -r- i1• •r i•,., i_
illuminate any adjacent properties, buildings or streets.
19. Council Waiver: The City Council, at the time of issuance of the annual extraction
m. ..'v m.• ii• 'A,.•
additional requirements if it finds that the plan of operation or other materials
•ml e• i ,i. f, m,.- 1. •r-
measures for standards consistent with the public health, safety and welfare.
Special Requirements:
1. R h- -rmi Or
periodic inspections for the purpose of determining that the provisions of the
extraction permit and this Section are beingfollowed.
2. u,.1R• T h:_ .mi .k_
hi h ri,lr-m• ,ll.- T,- It
h..- •r••. •r ,n• •.11
1 •f s .i•
the applicant or owner. The council shall designate the haul roads and may consider
•mm .1 r •s. •ffi A
16
•r•.
t f• 1,
ha.-r'..' h:. -n goo D
of or 19.1i
._•ll •k- et_ r•:. n. Al'
•fin u., 9 f• in .:ll.-
applicant or owner. The use of the haul roads shall be subject to any road and
r s. h•- '.1•
r-im.. in: .1- •r .•n: ii,. in 1,1
3. r. -1P_.# •n •n• Ph,
a. A .h: A• .1: ".,r '•n
:1 r :•n
b. A r, -rmi f• fir
It_ 0 I f "1.• 1
or .h• s. ,l -x
Allis -i -i o! it n 1 0 of
of ,:•n h. ,IS -0
comprehensive reclamation plan.
c. ,1 •.n 1 •riz x ::.n
in -x is...
concurr
d. 1i. min- •1 -x_ II" 11 e x
more than one hundred and sixty1(Q ,re aneiime.
4. -r R-• oo i D- -r n
.ch -n •.n it h: .r., :n.
n- A far rotection of its citizens and the general welfare.
J. Reclamation, Restoration, and Rehabilitation
1 r:..n:T• -n min- e 1
-r, on h: in ..s, mot- _t:,
1 r- .h: solo n 'r
h i 1 -e ,n. r T .1- s. A
s 1
i no mot- -i• _II :1 s-
2. i ,n T :ion orris. Th- r s •ll ho. o. I._
collector and arterial roadways. To provide for the roadway and utility construction
of these future roadways, a reasonable reclamation ed by the City
11 e .i•
,.•r• Dot
1 ifi ",s f•._
17
-n r• s 1- ,r'•, r••h
1
i i 1 11.1' 11: -1.1 A• _1,
ri• _1' _.•h .f •r• _1• A_
Interim Reclamation Plan.
3. Trunk Utility Services: Within twenty four (24) months of receipt of written notice
•11 1, .A_ _1 '41 1 •1 _1.
the mining operation, the permittee shall provide an easement for the utility 4c11.1 •1' _1� ,n. r _1' 11
,.•r• .1 •i.. 11
4. Water Bodies and Drainage Plan: The City has an adopted Surface Water
►,L,. •-n ,n h f• •n .f ._f, •r r•
L1_ h, •n •f
approved mining areas as called for within the Surface Water Management Plan.
5. _,m.11., P1,•• rmi 1, •i. In i1
.1'. •r. is 1,1•,11• :1 •h,
t r s._ f. 1,
6. En: r,. P1,1 T .m•r• -n i 1 ,n •_11,
•r .t- n 11 •.a i •,n.- -n.
,n. ,ll. .-rl 1••11 n 1 •'r ,ll 1
.l,n ,t r-, •11. 1,n. ..m •g
.r-•. m. ,n i.'1iI i 61'
.n n.. •r,. f. 1
completed within twenty (20) years. the City Council shall not approve an annual
r .r,
,1,• .1.
7. Removal of Buildings, Structures, and Vehicles: Within eighteen (18) months of the
•h, 2 .t. s 1 ,n i. 1 1
•f ,i• h, ,n ,n. -11• ,R. 1.1 ,1_e ,n.
•r•. r 11 _4. 11.__"
•1,n or 1 .f
.r.• �1. s. 1 •1•,a• _1 I. 1•, 1_
•re• i A. i 1• '11• _1
.•n -m. is .i_ 1 f•r h, s-
•-r••• •r
8. H, ,1 es :e'en it ..1
•-r _1. •.•1 ._1_
1 ,1 ,n. _s inert, fill 1, i „Al- _••e .,1
/T 1, i•n' 1, -r. ,11 11_ h s 1•
•1, sit if 1 1 1 s •1• .•1
,n. 1,t i f- h, ••e At e• ,11.1
,•1• 66 r- i. -,i,l. 1..11',
9. D. '.n 's•-_•• A, :T. •r. •r." s 1 r,••_1 f i e s
18
K. Annual Operating Permit:
1. •f Ann. :1••"r,. •P-rmi: -r, :.n..•_,
may extend for years or decades to complete. The p if ,1 erating
rmi ,r. i. s. it i
u:_• •li -n .n es- ,n elm: .n
necessary to address adverse impacts that arise from the operation, and revise the
,j. .r -.h, T.-
e *le: .r. i.• z• i or s- .r• i.-. •I i
operating permit.
2. '.n P_.li H-,r• 1. Th- ,..n
n•• r n or n
f• i• in 1- 1 A
1 j -r._ m, i •nl firm,. of ,•.•.i
entire council.
3. r- ,n En. r,.' 1,n: T .n h, ,n
••"r f. ,r•, ,n, ,n
•1•.•.•
4. D of •."r,: •t Th- 1, 3• "X :•i CO_
,•,y 1 .r. •h 1 -r ,•t or for .-l..
-i .f ..n.•
•n -rmi i t. fir l- ,n s_ f-
determined by the City Council.
5. -r,: P•rmi F f•rl, ,1- -x :•n.• hall.
.li h fr. of 1s
6.
mineral extraction permit has been issued. The operator or owner of any large scale
mineral extraction operation found in violation of the requirements of this title or its
•r••_ hall r -m h i•l, n
fro
7. ,1 •i: •r•.n• _o .r
,••n 1. -e s •s -0 ,I
the city, cash escrow or letter of credit in ,n.
D
of •.,`in• ,n •r•
s.pecial burden resulting from hauling and travel, and removing material from any pit
-x II :•n i._
all r of •i -•L.
,n -x. -n it in •r ,n
.•n• ,n •_t•_' i Th .44 hall
19
.n. -ff- ••..f.•- -r x.- if .s-
herein rovided. The sure bond will be based on the number of acres re•uested
1.I. 1 -n...1 -r,•. ,1•• It
r- •S .1.. 1 t4 4
IS .n 1. •Il
in f fi n .n. s f. 4._f miLe II
ill.
completed.
8. c Th- -r h.11 *tin -n- .1 s in to .n•
.fi..• -n•.1 _it sI .i in.__•
h .1 .f Li I T is min-
t spos 1. s :r r
Section 8. This Ordinance shall be in effect following its passage and publication.
Adopted this day of 2012 by the City Council of the City of Rosemount,
Minnesota.
By:
William H. Droste, Mayor
ATTEST:
By:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages the day of 2012.
20
Large Scale Mineral Extraction Overlay District 4.,.:.1.__aire:i;,,,,
IN"' i' 4 -4 4 1 rille Iii. tu .'i di
,X,_ A V 1 V tIOP 116 i
r F i t RI li a l *44 4 0L a -sr
r°l 14} y ,,t 4 voile J 'tss;#il
A P 1 4 l r s tip r aS 4r �11��'
zr u iacIvji I W /ir t4tffidii 1.) *uf.
E. ii,..., I. 55 i lip or 4l T H l ,..r�j ca 11 y 1tVY� I y,ti
7 �ed71r prom
vy �411iiiii ..r.;• 00. rrr- -.,•4 c 1A-411.....3
4 i t'
'hal E watt wauswaulet
i
Liar r
j 1 #4 11- 'N
r k
4'
,J L
r l ^`7
ra tr,„.....„.......
IV;
:,.t.li,,,,,,,:"...,...r.
i i
E t.
r
l
i
r
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale
guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch 1600 feet
appraisal, survey, or for zoning verification.
PHASING PLAN
9/28/2011
i T
F."ncs 1 MINING
9uFrER
ti (130 9 ACRES),
7 1
T 1 TREE UNE
T 1 1 ROSEMOUNT 2 r{ sz, 7
`i DRY ING
1 r
'Z-
l 1
r r-- TDS�M�iiN'T a 8
DRY MINING
PHASE 2 1 E
1 T
1 li .I_ -I_J,,, ap,
ROSEMOUNT 1 ROSEMOUNT a I�
1 ROSEMOUNTI DRY MINING DRY MINING
1 DRY�MININGI PHASE 4 PHASE 3
ROSEMOUNT /42. f DRY
IR
I 1 1
DRY 1 1, t .el r s
7
1 PHASE 7 1 1 1
I 1 1 DRY 8 1 =uR6SfM0UKt-- 1
r 1 1 1 1 1 [1[ D PHASE 11G 1
L F
ROSEMOUNT a I r
DRY MINING 1 1
PHASE 9 1 1
1 1
1 1
i II
ROSEMOUNT 1
1 DRY MINING
PHASE 10 1
ROSEMOUNT 1
DRY/WET MINING 1
PHASE 5 QI411*114It __M rill ia i11iin
1 �1R, LOCATIm J r
AC T
raj/
ROSEMOUNT ROSEMOUNT ROSEMOUNT ROSEMOUNT
DRY/MET MINING DRY/NET MINING DRY/NET MINING DRY/WET MINING
14 k,`
PHASE 4 PHASE 3 PHASE 2 PHASE 1 ry Ys 1 7
I