HomeMy WebLinkAbout6.i. Wells Concrete Interim Use PermitEXECUTIVE SUMMARY
City Council Regular Meeting: December 15, 2015
AGENDA ITEM: Request by Wells Concrete Production
Company for an Interim Use Permit (IUP)
Allowing a Concrete Casting Facility as an
Ancillary Use to the Dakota Aggregates
Gravel Mine in UMore Park(Case 14-54-
IUP)
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 6.i.
ATTACHMENTS: Resolutions, Location Map; Cover Sheet;
Title Sheet; Overall Site Plan; Existing
Conditions; Final Grading, Drainage and
Utility Plan; Sight Lines, Traffic Flow;
Elevations; ; Excerpt of the Draft November
24 Planning Commission Meeting Minutes;
November 24 Planning Commission Staff
Report; Applicant’s Narrative, Engineer’s
Memo Dated November 19, 2015, December
2012 LSME and Annual Operating Permit
and Approved Plans
APPROVED BY: ddj
RECOMMENDED ACTION: recommends the City Council adopt the following two
motions:
1.Motion to approve an Interim Use Permit (IUP) allowing a concrete casting facility as
an ancillary use to the Dakota Aggregates gravel mine in UMore Park.
2.Motion to amend resolution 2012-105 for an Interim Use Permit to Dakota
Aggregates for a Large Scale Mineral Extraction Permit.
SUMMARY
Applicant: Wells Concrete Production Company
Property Owner: Regents of the University of Minnesota &
UMore Development, LLC
Location: UMore Park, north of 158th Street West south of County Road 42,
east of Biscayne Avenue and west of Akron Avenue
Area in Acres: 27.6 Acres
Comp. Guide Plan Design: AG - Agriculture
Current Zoning: AGR – Agricultural Research
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The applicant, Wells Concrete Production Company, requests a 30 year interim use permit (IUP) allowing
a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine. The subject property is
located in UMore Park north of 158th Street West, south of County Road 42, east of the Dakota
Aggregates mine, and west of Akron Avenue. The site is just over 27 acres and will include an
approximately 90’ by 600’ (57,773 square feet) production facility and outdoor storage area.
PLANNING COMMISSION
The Planning Commission reviewed the item at their meeting in November. Much of the conversation
related to the time period proposed for the use. In 2012, it was anticipated that the casting yard would be
an interim use for a 10-year time period. Part of the thinking at that time was that there would not be a
significant financial investment into the project; a building would be minimal and most activity would take
place outside. The current proposal is significantly more elaborate, with an approximate 600’ x 90’ building
which will be constructed of masonry materials and paving of the activity area. Due to the investment in
the site, the applicant is requesting an IUP of 30 years.
The Commission discussed the increased operation time and several felt that additional ordinance
standards should be met if its useful life was similar to other industrial uses in the community. Although
the 2012 permit recognized a 10-year casting yard, the ordinance allows for a longer duration under certain
conditions, specifically: “the construction and design of a casting yard that will exist longer than ten years
shall comply with site, lot and building standards within subsections 11-4-16F and G of this title.” This
means that the project would need to comply with the General Industrial standards for lot size, setbacks,
building height and materials. Additionally, the site plan would need to comply with ordinance standards
for lighting, parking, landscaping and screening, and building architecture. It was noted that if the project
was approved, condition 7 of the 2012 permit would need to be amended to address the duration of the
casting yard operation.
Much of the Commissions discussion was focused on which standards where not being met by the
proposal. Staff noted that the parking provided did not meet ordinance criteria but did not support adding
additional parking if there is no need. Because of the number of employees the parking shown is
acceptable, and if additional is needed, there is space on the site to install more. The building size is
prompted by the type of work occurring in the building, not the number of employees on site. It was also
acknowledged that the landscape ordinance was not being followed. However, since the public is not
allowed into the mining area, and because the use will cease after 30 years, building and parking
landscaping does not seem to be appropriate. The Planning Commission did add a condition to the
approval requiring additional plantings along the northern berm for added screening should urban
development move south toward the ancillary use area in the future.
Another topic of conversation was the removal of trees in the northwest corner of the site which were
initially anticipated for preservation. The majority of the trees are located within the future Akron Avenue
expansion corridor and would be removed in the future. Many of the existing coniferous trees were
planted too close and had grown into each other. Staff reviewed the area in the fall so it was difficult to
determine the type of deciduous trees, although was informed they were maple. Because of the time of the
year it was difficult to determine the value of the trees as many appeared to be in poor condition and many
appeared to be volunteer growth, although certainly many were worth saving. A condition of approval
required the applicant meet the tree preservation ordinance relating to the trees on site.
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There was one resident who spoke during the public hearing although recognized that the comment did
not pertain to the proposal. He mentioned he experienced vibrations at his home off of Biscayne Way and
wondered if it could be related to compaction occurring as part of the berm construction. It was clarified
later that Dakota Aggregates was not compacting the soil as part of the berm construction and it was
unclear what caused the vibration. Mr. Cook was asked to call the city if he experienced that again.
Since the Planning Commission meeting, staff has discussed the conditions of approval with the applicant.
There was some concern about the tree preservation requirements because so many of the trees were
within the road corridor but the road would not be installed till sometime in the future. With that in mind,
and with an interest in installing some trees now, staff is recommending that 60 trees be installed along the
northern berm with another 60 be installed in the future, when Akron Avenue is installed. The applicant
will provide a surety for the trees to be planted in the future. As mentioned previously, the trees appear to
be crowded and in some cases reaching their useful life. With the majority of the trees to be removed due
to future infrastructure needs, staff felt installation of 120 new trees, now and in the future, would be a
reasonable replacement. This is of course, in addition to the plantings which ring the entire mining
operation. The other issue associated with tree replacement is that the current use is mining and ancillary
uses, in the future it will be urban development. It is expected that additional grading and shaping of the
land will occur to promote development. Staff does not want to promote tree installation that doesn’t have
long term benefits. Therefore landscaping on the north berm at an approximate 20’spacing, and future
trees along the future minor arterial corridor, Akron Avenue, will complement long term development
goals.
An issue the applicant had with the initial recommendation was the requirement to pave the main
north/south drive aisles. The proposal was to pave around the building and parking lot and keep the drive
aisles gravel. The applicant has agreed to pave the internal looped drive aisle within a 3-year time period,
during 2017, 2018, and 2019. At a minimum 1/3 of the paving must occur in each of the three years with
the building and parking lot paved by the end of 2016.
BACKGROUND
Dakota Aggregates (a partnership of Ames Construction and Cemstone) received a Large Scale Mineral
Extraction (LSME) permit in December 2012. That permit will come before the City for renewal in the
beginning of 2016. The LSME included an Ancillary Use Facility (AUF) which is essentially an industrial
park of businesses that use significant amounts of aggregate in their production. The approved ancillary
uses include recycled aggregate production (RAP), asphalt production, concrete production, concrete
product casting yard and a maintenance facility for the vehicles used in the mine and AUF businesses. The
Zoning Ordinance requires that each of the AUF businesses apply for and receive their own Interim Use
Permit (IUP). The existing Cemstone Ready-Mix concrete and Harddrives bituminous plants received
separate approval in 2014. In this case, Wells Concrete Production Company requests an IUP to allow
operation of a concrete casting facility.
According to the applicant, the casting facility will produce construction grade hollowcore and double tees
precast members. The quantity of products produced will be dependent upon market demand. As a
result, the site is anticipated to provide between 30 to 50 jobs in the areas of management, manufacturing
labor, and yarding labor. Production activities will take place almost entirely inside the proposed building.
Once the product is produced, it will be transported by truck and trailer outside the production facility to
the yarding area depicted on the site plan where it will be temporarily stored while it awaits transport to its
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unique project. Product in the yard will be stored in an organized manner. Hollowcore product and
double tee members will be stacked no more the 15 feet high.
According to the applicant, there are 6 phases of operation within the proposed casting facility including:
setup, production, stripping, yarding, loading, and transportation. Setup is the first phase of production
and takes place entirely inside the production facility. This phase includes form cleanup, preparation, and
layout for precast members to be produced. In the second phase, the production team orders ready mixed
concrete from the plant across the street. The concrete is made and delivered inside the casting facility by
truck. Next, the operation phase involves placing the concrete into the appropriate piece of production
equipment. The concrete will remain in the production facility and cure until it is time to commence the
stripping phase. This phase involves post production detailing and cutting that may need to take place
outside the production facility or at the jobsite to insure precise measuring, cutting and fit. After the
concrete has cured to a specified strength, the product is ready to be stripped (removed) from the form or
bed, placed on a flatbed trailer and then transported to the yarding area where it will await shipment. The
products will be place on the trailer by overhead crane located within the production facility and removed
from the trailer by means of either a Mi-Jack for double-tees or a specialized forklift for hollowcore. After
the product is produced, stripped, and yarded it will wait for scheduled loading and transport to the
jobsite. Typical loading consists of a truck moving into position alongside the product where the Mi-Jack
Crane will then hoist the product onto the trailer. Once the product has been secured to the trailer it will
be moved to the staging area until it leaves the site. Typical lead times required by erection crews require
that departing loads be staged at least one day prior to departure.
The ordinance intended that a casting yard would be an interim use for 10-years. The applicant is
requesting approval for 30-years and is therefore meeting building standards for the indoor manufacturing
of the product. By ordinance any casting yard activity that will exist longer than 10 years shall comply with
the site, lot, and building standards found in the GI-General Industrial zoning district. Staff has also
applied some of the ordinance standards relating to noise and light. Staff has not applied landscaping
standards to the individual development given the outer perimeter landscape and screening requirements.
ISSUE ANALYSIS
Review of an interim use permit (IUP) is a quasi-judicial action, meaning that if the application meets the
City’s regulations for the particular use, generally the request must be approved. Interim Use Permits are
intended to permit the temporary use of a property for a specific use until a particular date, the occurrence
of a particular event, or zoning regulations no longer permit the proposed use. In this instants, the applicant
requests a 30 year term to correspond to the anticipated end of the associated mining activity.
The general standards and findings used for reviewing an IUP application are outlined in Section 11-10-08
and detailed below. The City must approve or deny each IUP request based on review of these criteria.
Should the City approve an IUP request, it may attach conditions to mitigate anticipated adverse impacts
associated with the use, ensure compliance with the standards of approval, protect the value of other
property, and achieve the goals and objectives of the comprehensive plan.
Interim Use Permit Standards
1. The interim use must be allowed in the zoning district where the property is located.
Finding: The subject property is zoned AG – Agricultural. This district allows large scale mineral
extraction as an interim use. Section 11-10-4-1 details the standards for large scale mineral extraction
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and identifies casting yards as an allowable ancillary use provided the site has an approved large scale
mineral extraction permit.
2. The interim use must meet or exceed the performance standards set forth in this title and other
applicable City ordinances.
Finding: The performance standards for this use are reviewed in the Site Plan section below. With a
few exceptions, the proposed project meets or exceeds the performance standards for casting yards.
Areas of non-compliance are addressed through specific conditions of approval detailed in the
Recommended Action section of this report.
3. The interim use must comply with the specific standards for the use identified in this title, and must
comply with all conditions of approval which shall be included in an IUP agreement.
Finding: The applicant’s plans comply with the specific standards for casting yards detailed in Section
11-10-4-1.G.3. The site has an approved mineral extraction permit and the application indicates all
concrete production will take place within the proposed building while curing will take place outside.
Since the casting yard will exist longer than ten (10) years, the Ordinance requires it comply with site,
lot, and building standards within subsections 11-4-16F and G of the General Industrial district, which
is itemized below.
Interim Use Permit Findings
1. The extent, location, and intensity of the use will be in substantial compliance with the comprehensive
plan.
2. Findings: The extent, location, and intensity of the casting yard will be in substantial compliance with
the comprehensive plan. The subject property is guided AGR – Agricultural Research by the
comprehensive plan. This section of the comprehensive plan notes the University of Minnesota
creation of a master plan for UMore Park and that plan will necessitate a future update to the
comprehensive plan. The comprehensive plan also notes AG – Agricultural as the appropriate zoning
until adoption of any amendment. Staff finds the applicant’s plans consistent with the development
standards for casting yards as detailed in the site plan review section below.
3. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets.
Findings: Staff finds the use will provide adequate ingress and egress to minimize traffic congestion
in the public streets. According to the applicant, the only access point to and from the AUF will occur
at the intersection of County Road 46 at Akron Avenue. Anticipated trucking levels are approximately
50 loads per day at peak operation. Typical load levels for average operations would be approximately
20-30 loads per day. This access and traffic pattern was approved by both the City and Dakota County
as part of the large scale mineral extraction permit.
4. The use will not be detrimental to the existing character of the development in the immediate
neighborhood or endanger the public health, safety, and general welfare.
Findings: The proposed casting yard use will not be detrimental to the existing character of the
development in the immediate neighborhood or endanger the public health, safety, and general
welfare. The proposed casting yard is consistent with the land use designation and goals and
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objectives of the comprehensive plan. In addition, casting yards are an approved ancillary use within a
larger scale mineral extraction area.
5. The use will not impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
Findings: The applicant requests a 30 year IUP for the proposed casting yard consistent with the
large scale mineral extraction permit. Initially the mining permit had anticipated the casting yard of a
shorter duration. In order to permit the use for 30 years, the applicant must develop the site in
compliance with the ordinance industrial standards and ensure that appropriate buffering and
screening is proposed, or would be installed in the future, so that the proposed land use does not
discourage urban development. Conditions of approval for the request include adding landscaping on
the northern berm to screen the activity is to any future urban development in the north. Additionally,
the Akron Avenue corridor must be preserved in the event the collector road is installed prior to
removal of the ancillary uses, including the casting yard. The site plan illustrates the casting yard within
the Akron Avenue corridor. The yard uses are allowed, however a condition of approval requires that
the yard be removed, at no cost to the City, County, or other governmental agency, and screening
provided from the site to the roadway should it be installed prior to the 30-years of this permit.
6. The use shall, in all other respects, conform to the applicable regulations of the district in which it is
located.
Findings: With a few exceptions, the proposed project meets the performance standards for casting
yards. A detailed review of these standards is provided in the site plan review section below. Areas of
non-compliance are addressed through specific conditions of approval detailed in the Recommended
Action section of this report.
Site Plan Review
Land Uses & Zoning . The subject property is guided AGR – Agricultural Research by the
comprehensive plan and zoned AG - Agricultural. The comprehensive plan identifies AG – Agricultural
as the appropriate zoning. The AG – Agricultural district allows large scale mineral extraction as an
interim use. Section 11-10-4-1 details the standards for large scale mineral extraction and identifies casting
yards as ancillary use provided the site has an approved large scale mineral extraction permit. By
Ordinance, since the casting yard is planned to be in operation longer than ten (10) years, it must comply
with site, lot, and building standards in Sections 11-4-16.F and G of the General Industrial district.
Setback, Heights & Lot Standards. The applicant’s plans comply with the setback, height, and lot
standards required for ancillary uses as detailed in the GI – General Industrial district. Technically, the
subject property is located within the larger UMore property so the setbacks included in the table below
are from the edge of that property. The building itself will be setback approximately 120’ from 158th Street
West which is a private road not used by general public.
Setback Standards for the GI – General Industrial District
Standard Required Proposed
Minimum Lot Area 5 Acres 27.6 Acres
North (County Road 42) 75 ft. 5,600 ft.
South (County Road 46) 50 ft. 1,270 ft.
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East (Akron) 30 ft. 360 ft.
West (Biscayne) 50 ft. 5,200 ft.
Maximum Building Heights 75 ft. 42 ft.
Exterior Building Materials. The proposed building exceeds the exterior building materials standards
for properties in the GI district. According to the ordinance, any exterior wall surface facing a public right
of way or residential uses or district shall be constructed of a combination of glass, brick, natural stone,
specialty integral colored concrete block (including textured, burnished, and rock faced block), tile
(masonry, stone or clay), architectural textured concrete panels cast in place, precast concrete panels or
better. All other wall surfaces shall be constructed of at least forty percent (40%) of these materials. The
remaining sixty percent (60%) of these exterior wall surfaces may be finished steel or aluminum.
Unadorned materials are prohibited. In this case, the building will be made 100% of smooth integral
colored precast concrete panels on all four sides.
Building Massing . Staff finds the design of the proposed building consistent with the building massing
standards for the GI district. Facades facing a public right of way or residential use or district shall be
articulated to reduce their mass and scale and provide visual interest consistent with Rosemount's identity,
character, and scale. Large uninterrupted building walls or elevations are prohibited. Any wall facing a
public right of way or residential use or district more than one hundred feet (100') in length shall be
divided into increments of no more than fifty feet (50') through the articulation of the facade. This shall
be achieved through combinations of divisions or breaks in the materials; arcades, entry features, window
bays, or the like; variations in rooflines or slope plane; variation in building plane or setback or equivalent
techniques approved by the city. In this case, the building walls are divided every 10’ by breaks in the
individual precast concrete panels, every 15’ by a window and every 120’ by a change in texture. The front
(south) elevation also includes an extension of the building for offices, a break room, and vehicle
maintenance bays.
Off-Street Parking . Parking requirements would be that for custom manufacturing uses, which in
Section 11-6-1 requires 1 stall for every 300 square feet of building. The proposed building is 57,773
square feet requiring 193 stalls. The site plan show 49 off-street parking stalls including 2 handicapped
spaces. The applicant has indicated that they would not need the ordinance required amount as there are
not that many employees at the site. Staff finds the proposed amount of parking given the estimate
number of employees is between 30 and 50 and the outdoor staging area can be converted to parking
should additional stalls be needed. Staff is also requesting paving of the main circulation aisles associated
with the casting yard. This would be the main north/south roads and northern loop within the yard area to
reduce dust and be appropriately maintained. Paving is a condition for any industrial use and the same
standards should be required in the IUP given the 30-year permit duration.
Tree Preservation . In the initial approval for the large scale mining operation the breakdown of intended
uses was as follows:
The 170 acre AUF is roughly rectangular in shape and is located directly north of County Road 46
from Station Trail on the west to Akron Avenue on the east. The AUF would contain 45 acres of
aggregate processing, 20 acres of asphalt production, 12 acres for a concrete product casting yard,
30 acres of concrete production, 8 acres for a vehicle and equipment facility, 5 acres for an office,
10 acres of ponding, 13 acres of recycled aggregate products (RAP), and 30 acres of existing trees
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that will be maintained. The accesses for the AUF are proposed to be Station Trail at County
Road 46 and Akron Avenue at County Road 46.
As noted above approximately 30 acres was to remain treed. The majority of the trees to remain were in
the northwest area of the casting yard, many contained in the future Akon Avenue corridor. While staff is
interested in tree preservation, many of the trees are crowded. The applicant is saving trees on the west
side of the corridor and proposes to remove everything within the corridor and east of the corridor. The
trees will be replaced with 60 new trees along the northern berm which will result in spacing of
approximately 20 feet. The second part of their tree replacement proposal is to deposit money to install 60
trees along Akron Avenue, after installation. Staff does not support installation of trees now as additional
grading may be needed for road installation which would disrupt the trees.
Screening. The subject property meets the screening requirements for properties in the GI district.
According to the ordinance, landscaping and berming shall be the primary source for screening parking
and loading areas. Screening of parking is not at issue given its location on the site. Loading area screening
is required to provide a minimum ninety percent (90%) opacity screen to a height of at least eighteen feet
(18'). The truck loading and staging area will be screened to the north and west by existing trees and a 20’
berm while the 42’ high building will screen approximately two-thirds of the site’s south side. It is
important to note that the subject property is located within the larger UMore property and will not be
visible from a public right-of-way. However, if Akron Avenue is installed within the designated corridor,
the applicant is required to screen the exterior yard uses from the public views.
The previous approval stated: Year round 100% opaque screening with earthen berms and landscaping will
be constructed as needed and measured from ground level to the first 30% of the overall height and 50%
opaque to fifty percent of the overall height of the plant as viewed from eye level from surrounding right
of way or roadways.
Signage. The wall signage included in the applicant’s plans appears consistent with the wall sign standards
for the GI district. Wall signs in the GI district all signs shall not exceed twenty percent (20%) of the total
area of the wall on which the signs are affixed. All permanent wall signs shall be individual channel letters
mounted flush with the building or on a raceway. In this case, the applicant’s plans include an individual
letter sign only on the front (south) side of the building. Ground signs for the entire Dakota Aggregates
site are located at the Station Trail and Akron Avenue entrances from County Road 46 and were approved
through a separate PUD. Wall signage for this site shall be approved though a separate administrative
permit.
Exterior Lighting . The applicant’s submittal includes a description of their proposed lighting but does
not include a lighting plan. According to the applicant, the production facility will have downward
directed external lighting in the parking and entry areas as well as around the exterior building walls. When
lighting is required in the storage yard for yarding, loading, and transporting activities, portable light plants
will be utilized. When yarding activities are idle, suspended, or delayed for extended periods and the light
plant is not being utilized, it shall be shutdown. Staff recommends a condition of approval require the
applicant to submit a lighting plan detailing the fixture type and photometric pattern for all exterior
lighting. The previous approval requires lighting for nighttime operations be shielded to prevent lights
being directed at traffic on public roads and the level of lighting will not exceed 1 lumen at the EIS
boundary.
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Trash Enclosure . The applicant’s plans do not include information on how trash will be stored and
removed. Staff recommends a condition of approval require the applicant to provide a narrative or plans
that demonstrate trash will be store with in the building or a trash enclosure consistent with Section 5-1-3.
Hours of Operation. The applicant requests the production facility operate 24 hours per day 5 days per
week. These hours would accommodate a double shift and allow for off hour maintenance. According to
the applicant, double shifts are not standard practice at Wells Concrete and would only be utilized during
times of extreme demand. Yarding area hours of operations are requested to be 4 am to 9 pm, 5 days per
week. Typical hours of yarding operations at other Wells facilities are 4:30am to 3-5pm. Yard operations
are typically over much earlier than 9 pm. Wells Concrete also requests the ability to work up to 20
weekends through the course of the calendar year should operational tempo required it.
Staging activities will occur one half hour before and one half hour after normal hours of operation.
Staging activities include lining up and loading of trucks, equipment inspections, fueling, and other similar
related actions. Trucks may enter the site within one half hour before the normal hours; however, no
trucks may leave the site until normal hours of operation. Site clean-up and equipment maintenance may
occur after the p.m. normal hours of operation and within one half hour past the p.m. normal hours of
operation.
The anticipated hours of operation in 2012 were 24 hours, 7 days a week. However, that also anticipated
that the casting yard was a 10-year operation not 30 years. The issue with the timing and hours of
operation relates more to the impact on future residents that may settle in the area than the existing
condition. Many of the regulations and conditions of approval associated with the mine and the ancillary
uses are to mitigate potential impacts as the UMore property develops to urban standards. While staff is
comfortable with the hours of operation proposed for the near-term, there is more concern about future
activity and its relationship to potential urban development. A condition of approval notes that the hours
of operation will be reviewed during the annual mining permit. If noise issues arise due to the operation of
the casting yard during early morning or late evening hours, staff will bring this IUP forward and
recommend operational changes.
Domestic Wastewater. Portable bathroom facilities (porta-potties) will be located on the site during the
construction. An Individual Sewage Treatment System (ISTS) will be utilized by the operator. The ISTS
will be constructed in accordance with all applicable local and state regulations and all applicable local and
state permits and regulations in regard to system installation and maintenance will be adhered to by the
operator. Staff recommends a condition of approve require the ISTS be approved by the Building
Official through a separate administrative permit.
Noise. According to the applicant, the casting operation will generate minimal noise through the use of
production equipment located entirely within an enclosed production facility. While staging, yarding,
loading, and transporting operations will take place outside, circular traffic flows will be utilized to the
maximum extent possible to prevent trucks from having to back up. However, in the event that operating
equipment needs to back up within the site, OSHA approved white noise back up alarms, rather than
single tone back up alarms, will greatly reduce noise nuisance. In addition to the OSHA approved “white
noise” back up alarms, the proposed activity will be located within an area surrounded by earthen berms
on the northern property line, and a stand of approximately 40 -50 foot tall trees on the northwestern
property line. Moreover, the AUF operations are at least 1 to 1-3/4 miles away from the existing
residential areas.
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Engineering Comments. The Engineering Department comments are detailed in the attached memo
dated November 19, 2015. In the memo was the recommendation for paving the main drive aisles
accessing the yard products. Staff has discussed the timing for the paving and has agreed to a phased
paving plan, similar to the agreement relating to the cement plant. The paving around the building and
employee parking lot will occur with the building construction, prior to issuance of a certificate of
occupancy. The paving of the aisles will occur over a 3-year time period, in 2017, 2018, and 2019. One-
third of the paving must occur by the end of each year, with completion by 2019.
RECOMMENDATION
Staff and the Planning Commission recommend adoption of the two attached resolutions.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015-
A RESOLUTION AMENDING RESOLUTION 2012-105 FOR AN INTERIM USE
PERMIT TO DAKOTA AGGREGATES FOR LARGE SCALE MINERAL EXTRACTION
WHEREAS, in 2012, the City of Rosemount received an application from Dakota Aggregates LLC
for an Interim Use Permit (IUP) to allow sand and gravel mining, mining accessory uses, and the
potential to apply for separate interim use permits for ancillary uses concerning property legally
described as:
That part South Half of Section 28, Township 115, Range 19, Dakota County, Minnesota,
lying westerly of the following described line;
Commencing at the northeast corner of the Southeast Quarter of said Section 28; thence
South 89 degrees 48 minutes 43 seconds West, assumed bearing along the north line of said
Southeast Quarter, a distance of 1058.90 feet to the point of beginning of the line to be
described; thence South 18 degrees 23 minutes 48 seconds West a distance 1211.64 feet;
thence South 07 degrees 11 minutes 26 seconds East a distance of 1472.46 feet; thence
South 75 degrees 07 minutes 52 seconds East a distance of 126.03 feet to the south line of
said Southeast Quarter and there terminating.
EXCEPT the plat of UNIVERSITY ADDITION, said Dakota County.
AND
Section 33, Township 115, Range 19, Dakota County, Minnesota; EXCEPT the East 133.00
feet of the North 549.43 feet of the Southeast Quarter of said Section 33; EXCEPT the East
133.00 feet of the South 930.25 feet of the Northeast Quarter of said Section 33; also
EXCEPT that part of said Northeast Quarter described as follows:
Beginning at the northeast corner of said Northeast Quarter; thence South 00 degrees 11
minutes 58 seconds West, assumed bearing along the East line of said Northwest Quarter, a
distance of 800.63 feet; thence North 81 degrees 23 minutes 25 seconds West a distance of
40.76 feet; thence North 38 degrees 17 minutes 54 seconds West a distance of 819.06 feet;
thence North 75 degrees 07 minutes 52 seconds West a distance of 580.25 feet to the north
line of said Northwest Quarter; thence North 89 degrees 51 seconds 14 seconds East, along
said north line, a distance of 1111.53 feet to the point of beginning.
AND
That part of the Northwest Quarter of Section 34, Township 115, Range 19, Dakota County,
Minnesota, described as follows:
Commencing at the northwest corner of said Northwest Quarter; thence South 00 degrees
11 minutes 58 seconds West, assumed bearing along the west line of said Northwest
Quarter, a distance of 800.63 feet to the point of beginning of the land to be described;
thence continuing South 00 degrees 11 minutes 58 seconds West, along said west line, a
distance of 912.75 feet; thence North 89 degrees 51 minutes 14 seconds East a distance of
RESOLUTION 2015-
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647.18 feet; thence North 00 degrees 11 minutes 58 seconds East a distance of 813.16 feet;
thence North 81 degrees 23 minutes 25 seconds West a distance of 654.21 feet to the point
of beginning.
AND
That part of the Southwest Quarter of Section 34, Township 115, Range 19, Dakota County,
Minnesota, lying southerly of the following described line:
Commencing at the northwest corner of said Southwest Quarter; thence South 00 degrees
11 minutes 58 seconds West, assumed bearing along the west line of said Southwest Quarter,
a distance of 549.45 feet to the point of beginning of the line to be described; thence South
89 degrees 28 minutes 53 seconds East a distance of 2646.92 feet to the east line of said
Southwest Quarter and there terminating
And lying westerly, northwesterly and northerly of the following described line:
Commencing at the southwest corner of said Southwest Quarter; thence South 89 degrees
42 minutes 10 seconds East, along the south line of said Southwest Quarter, a distance of
2192.17 feet to the point of beginning of the line to be described; thence North 04 degrees
21 seconds 18 seconds East a distance of 142.12 feet; thence North 01 degrees 12 minutes
32 seconds West a distance of 368.88 feet; thence North 01 degrees 58 minutes 09 seconds
West a distance of 266.72 feet; thence northeasterly 194.60 feet, along tangential curve,
concave to the southeast, having a central angle of 96 degrees 57 minutes 13 seconds and a
radius of 115.00 feet; thence South 85 degrees 00 minutes 56 seconds East, tangent to last
described curve, a distance of 157.25 feet; thence easterly 99.70 feet, along a tangential curve,
concave to the north, having a central angle of 09 degrees 25 minutes 45 seconds and a
radius of 605.84 feet; thence northeasterly 100.73 feet, along a reverse curve, concave to the
northwest, having a central angle of 56 degrees 01 minutes 50 seconds and a radius of 103.00
feet to the west line of said Southwest Quarter and said line there terminating.
WHEREAS, on August 28, 2012, and September 25, 2012, the Planning Commission of the City
of Rosemount held a public hearing to review the IUP request from Dakota Aggregate; and
WHEREAS, on December 18, 2012, the City Council of the City of Rosemount approved the
interim use permit allowing allow sand and gravel mining, mining accessory uses, and the potential
to apply for separate interim use permits for ancillary uses with 37 conditions; and
WHEREAS, on November 24, 2015, the Planning Commission recommended an amendment to
extend the Interim Use Permit for a casting yard from 10 years to 30 years; and
WHEREAS, on December 15, 2015, the City Council of the City of Rosemount reviewed the
Planning Commission’s recommendations; and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the IUP for Dakota Aggregates LLC to allow sand and gravel mining, mining accessory
RESOLUTION 2015-
3
uses, and the potential to apply for separate interim use permits for ancillary uses, amending the
following condition:
7. An Interim Use Permit for the casting yard shall not be allowed beyond December 15, 2045.
ADOPTED this 18th day of December, 2012 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015-
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR
WELLS CONCRETE TO ALLOW CONCRETE CASTING FACILITY AS AN
ANCILLARY USE TO DAKOTA AGGREGATES GRAVEL MINE IN UMORE PARK
WHEREAS, the City of Rosemount received an application from Wells Concrete Production
Company requesting an Interim Use Permit (IUP) to allow a concrete casting facility as an ancillary
use to Dakota Aggregate gravel mine, located in UMore Park north of 158th Street West, south of
County Road 42, east of the Dakota Aggregates mine, and west of Akron Avenue ; and
WHEREAS, on November 24, 2015, the Planning Commission of the City of Rosemount held a
public hearing to review the IUP application allowing a concrete casting facility as an ancillary use to
Dakota Aggregate gravel mine and adopted a motion to recommend that the City Council approve
this request, subject to conditions; and
WHEREAS, on December 15, 2015, the City Council of the City of Rosemount reviewed and
agreed with the Planning Commission’s recommendation to grant a conditional use permit allowing
a concrete casting facility as an ancillary use to Dakota Aggregate gravel mine located in UMore
Park.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves an Interim Use Permit (IUP) allowing concrete casting facility as an ancillary use to Dakota
Aggregate gravel mine located in UMore Park, subject to the following conditions:
a. Approval of a building permit.
b. Conformance with and annual renewal of the Dakota Aggregates large scale mineral
extraction permit as related to operations and screening of the site and business.
c. Wells Concrete Production Company is permitted to utilize the designated Akron
Avenue corridor for a casting yard until such time as the roadway will be installed.
Upon notification, Wells Concrete Production Company, at its own cost shall
remove the casting yard and any other improvements out of the Akron Avenue
corridor. Further, screening which could include a berm and landscaping will be
installed at the owner’s expense to screen the use from public views.
d. Wall signage shall be approved though a separate administrative permit.
e. Submission of a lighting plan detailing the fixture type and photometric pattern for
all exterior lighting.
f. Submission of a narrative or plans that demonstrates trash will be stored within the
building or in a trash enclosure consistent with Section 5-1-3.
g. The casting yard may operate 24 hours a day, 7 days a week as anticipated in the
initial large scale mining permit. However, if noise complaints are received from
RESOLUTION 2015-
2
existing residents or residents in the future, as development occurs, the City will
amend the existing IUP to decrease hours of operation to address stated concerns.
Review of noise complaints will occur along with the annual LSME permit review.
h. The proposed Individual Sewage Treatment System (ISTS) shall be approved by the
Building Official through a separate administrative permit.
i. Conformance with all requirements of the City Engineer as detailed in the
attachment memo dated November 19, 2015 except item 2. Regarding paving, the
applicant will pave the proposed loop access road within 4 years starting at least in
2017, 2018 & 2019 with 1/3 of the roadway paved by December 31 of the each year.
Failure to do so will be a violation of the IUP.
j. The applicant will install 60 trees along the northern berm by December 2017 and
will install an additional 60 trees within the Akon Avenue Corridor after road
construction in recognition of trees removed from the site.
k. The casting yard may operate for a period no longer than December 13, 2045
ADOPTED this 15th day of December, 2015 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Handler, City Clerk
Motion by: ___________ Second by: _______________________________.
Voted in favor: _____________________________________________________ .
Voted against: ____ .
RESOLUTION 2015-
3
Member absent: ____ .
Site Map for Wells Concrete Casting Facility
Property Information
November 18, 2015
0 1,750 3,500875 ft
0 525 1,050262.5 m
1:1 9,2 00
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
z
z
z
z
z
z
SEE PAVEMENT SECTIONS
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 24, 2015
5.d. Request by Wells Concrete Production Company for an Interim Use Permit (IUP)
Allowing a Concrete Casting Facility as an Ancillary Use to the Dakota Aggregates Gravel
Mine in UMore Park (15-43-IUP)
Community Development Director Lindquist summarized the staff report for the Planning
Commission.
Commissioner Forester inquired if the IUP is just for the casting plant and doesn’t have any relation
to the mining permits. Lindquist stated that each use has its own conditions, separate approval, and
permit. Forester inquired if the length of the entire IUP is being extended and wondered how the time
period for each of the IUP’s line up. Lindquist stated that they fall within the same window of time.
Commissioner Henrie inquired why the additional years were allowed beyond 10 years for the IUP.
Lindquist paraphrased the ordinance, stating that anything over 10 years would be held to higher
standards and has additional requirements. Staff is going to make sure the project won’t adversely
affect other development goals of the city by requiring additional conditions and standards.
Chair Miller inquired about the 2012 Mineral extraction permit, item seven, noting it states no casting
yard past 2023. Lindquist noted that the Large Scale Mining Permit was the first approval which
reflected what was intended at that time. The whole process has been evolving over many years and
staff is trying to be flexible. The City could make the casting yard go away in 10 years but staff is not
sure if there is a reason to do that. Miller inquired what would be the detriment in reducing the IUP to
ten years instead of the requested thirty. Lindquist stated that it wouldn’t be financially feasible for the
applicant to make these improvements for a 10 year time period and they most likely wouldn’t
construct the plant. Miller felt the applicant should meet the zoning requirements. Lindquist stated
that the applicant’s proposal already meets many of the ordinance criteria, but staff wouldn’t make
them provide parking that isn’t going to be utilized, for example. In response to a question, Lindquist
noted that the site plan does not comply with General Industrial standards for parking spaces, site
landscaping and paving. She also stated that the building will go away in 30 years, as it is not a
permitted use.
Commissioner Kenninger inquired what standards are not met. Lindquist stated that paving, parking,
and landscaping conditions currently aren’t met. This type of exterior storage would not be allowed in
GI-General Industrial but since it is IUP it is allowed under the large scale mining section of the
ordinance. Kenninger clarified that the end date for the casting yard of 2022 was on the original
permit approval and asked if the 2012 IUP permit was the date an error. Lindquist stated that a 10
year casting yard was what was initially envisioned. The ordinance does allow a casting yard of a longer
duration if additional ordinance standards are met. If the Council wishes to approve the casting yard
for 30 years, they should amend the 2012 approved resolution.
Commissioner Forester inquired about future sight lines; this building is 40 ft. high and how it
matches up with the other IUP’s and wondered if the berm needs to be adjusted for future
development to the north. Lindquist stated that the berm could be raised if needed. She also stated
that the building meets the ordinance criteria for materials and would sit below sight lines. The current
cement plant is higher than prosed building.
The public hearing was opened at 7:42 pm.
Public comments:
Sam Messius from Wells Concrete was on hand for questions. He stated that tree preservation will
follow the city policy. He also addressed hours of operation, most shifts run 5:00 am to 4:00 pm.
They have never done 24 hour production, mostly single shift operation and rarely on weekends. He
also talked about extending the IUP to 30 years, the fear is what would happen if permit isn’t
renewed and the financial implications that would cause.
Chair Miller inquired about waste water for the cement processing. Messius stated that the waste
water would be collected internally in a pit then pumped into a truck and disposed of at the
Cemstone’s facility. He stated that there would be a small amount of waste water. Miller also
inquired about the willingness to meet the ordinance requirements. Messius stated that they have
positive relationships in all of the other communities where their business resides. He feels that the
extended timeframe is necessary. Miller stated that he feels a 30 year IUP is extreme and it is
reasonable for the City to set expectations that need to be met.
Commissioner Forester inquired what happens in 18 years if economy turns down again, and the
yard become stagnant. Messius stated that yard will not sit full of material, each item is made specific
to each job. During the last downturn staff was reduced but there was enough activity to keep the
facility operational.
Rick Cook, 14665 Biscayne Way, commented on the quick response time by Ms. Lindquist and
Councilmember Nelson to address his complaint of shaking in his house at 9:40 pm. He speculated
that maybe it was the compaction of soil associated with the activity on the north end of the mine;
but if ongoing issue then he would like it to looked into.
MOTION by Kenninger to close the public hearing.
Second by Henrie.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 7:55 pm.
Additional Comments:
Chair Miller would like a few items reviewed, first he would like Mr. Cook’s concerns to be
addressed. Lindquist stated that it does not relate to the casting yard discussion but will be
investigated and any issues will be raised during review of Dakota Aggregate’s Annual permit
renewal. Miller stated again that he is still struggling with the 30 year timeframe and wondered what
additional requirements should be added. Lindquist stated that zoning doesn’t limit the IUP to 10
years but would require additional building standards. And the proposal meets those additional
conditions. Specific items would not be met if it was rezoned GI, hard surfacing, parking, and
landscaping. Tree preservation and replacement is in exchange for landscaping requirements; also
there are significant tree plantings around the entire mining area. The public can’t access the building
so there is no reason to enforce a landscaping plan; berming is already in place for screening. The
Commission could ask for more landscaping on the northern berm instead of around building.
Commissioner Kenninger noted that one of the conditions listed states that the City could require
additional landscaping at the applicant’s expense if development did occur.
Commissioner Forester inquired if the IUP is approved for 30 years that the commission won’t see
this item again for 30 years. Lindquist stated if the situation changes dramatically the city could
revoke the IUP. She also stated that there are some clearly defined trigger points that would invoke
the end of the IUP.
Commissioner Kenninger again confirmed the items that weren’t met were landscaping, parking and
paving. Lindquist stated that paving is addressed in the City engineer’s memo. She also stated that
the parking isn’t a concern for staff as there is enough room on site should additional parking be
needed.
Motion by Kenninger to recommend the City Council approve an Interim Use Permit (IUP)
allowing a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine in
UMore Park, subject to the following:
a. Approval of a building permit.
b. Conformance with and annual renewal of the Dakota Aggregates large scale mineral
extraction permit as related to operations and screening of the site and business.
c. Wells Concrete Production Company is permitted to utilize the designated Akron
Avenue corridor for a casting yard until such time as the roadway will be installed.
Upon notification, Wells Concrete Production Company, at its own cost shall
remove the casting yard and any other improvements out of the Akron Avenue
corridor. Further, screening which could include a berm and landscaping will be
installed at the owner’s expense to screen the use from public views.
d. Submission of a tree preservation plan consistent with ordinance requirements prior
to City Council review. The replacement plan may include future installation of trees
along the future Akron Avenue upon installation of the roadway.
e. Wall signage shall be approved though a separate administrative permit.
f. Submission of a lighting plan detailing the fixture type and photometric pattern for
all exterior lighting.
g. Submission of a narrative or plans that demonstrates trash will be stored within the
building or in a trash enclosure consistent with Section 5-1-3.
h. The casting yard may operate 24 hours a day, 7 days a week as anticipated in the
initial large scale mining permit. However, if noise complaints are received from
existing residents or residents in the future, as development occurs, the City will
amend the existing IUP to decrease hours of operation to address stated concerns.
i. The proposed Individual Sewage Treatment System (ISTS) shall be approved by the
Building Official through a separate administrative permit.
j. Conformance with all requirements of the City Engineer as detailed in the
attachment memo dated November 19, 2015.
k. Additional landscaping trees added to the northern berms.
Second by Freeman.
Ayes: 6. Nays: 0. Motion passes.
E X E C U T I V E S U M M A R Y
Planning Commission Meeting Date: November 27, 2015
Tentative City Council Meeting Date: December 17, 2015
AGENDA ITEM: Request by Wells Concrete Production
Company for an Interim Use Permit (IUP)
Allowing a Concrete Casting Facility as an
Ancillary Use to the Dakota Aggregates
Gravel Mine in UMore Park(Case 14-54-
IUP)
AGENDA SECTION:
Public
Hearing
PREPARED BY: Jason Lindahl, A.I.C.P.
Planner AGENDA NO. 5.d.
ATTACHMENTS: Location Map; Cover Sheet; Title Sheet;
Overall Site Plan; Existing Conditions; Final
Grading, Drainage and Utility Plan; Sight
Lines, Traffic Flow; Elevations; Applicant’s
Narrative, Engineer’s Memo Dated
November 19, 2015, December 2012 LSME
and Annual Operating Permit and Approved
Plans
APPROVED BY:
K.L.
RECOMMENDED ACTION: Staff recommends the Planning Commission make the
following motion:
1. Motion to recommend the City Council approve an Interim Use Permit (IUP)
allowing a concrete casting facility as an ancillary use to the Dakota Aggregates
gravel mine in UMore Park, subject to the following:
a. Approval of a building permit.
b. Conformance with and annual renewal of the Dakota Aggregates large scale
mineral extraction permit as related to operations and screening of the site
and business.
c. Wells Concrete Production Company is permitted to utilize the designated
Akron Avenue corridor for a casting yard until such time as the roadway will
be installed. Upon notification, Wells Concrete Production Company, at its
own cost shall remove the casting yard and any other improvements out of
the Akron Avenue corridor. Further, screening which could include a berm and
landscaping will be installed at the owner’s expense to screen the use from
public views.
2
d. Submission of a tree preservation plan consistent with ordinance
requirements prior to City Council review. The replacement plan may include
future installation of trees along the future Akron Avenue upon installation of
the roadway.
e. Wall signage shall be approved though a separate administrative permit.
f. Submission of a lighting plan detailing the fixture type and photometric pattern
for all exterior lighting.
g. Submission of a narrative or plans that demonstrates trash will be stored
within the building or in a trash enclosure consistent with Section 5-1-3.
h. The casting yard may operate 24 hours a day, 7 days a week as anticipated in
the initial large scale mining permit. However, if noise complaints are received
from existing residents or residents in the future, as development occurs, the
City will amend the existing IUP to decrease hours of operation to address
stated concerns.
i. The proposed Individual Sewage Treatment System (ISTS) shall be approved
by the Building Official through a separate administrative p ermit.
j. Conformance with all requirements of the City Engineer as detailed in the
attachment memo dated November 19, 2015.
SUMMARY
Applicant: Wells Concrete Production Company
Property Owner: Regents of the University of Minnesota &
UMore Development, LLC
Location: UMore Park, north of 158th Street West south of County Road 42,
east of Biscayne Avenue and west of Akron Avenue
Area in Acres: 27.6 Acres
Comp. Guide Plan Design: AG - Agriculture
Current Zoning: AGR – Agricultural Research
The applicant, Wells Concrete Production Company, requests a 30 year interim use permit (IUP) allowing
a concrete casting facility as an ancillary use to the Dakota Aggregates gravel mine. The subject property is
located in UMore Park north of 158th Street West, south of County Road 42, east of the Dakota
Aggregates mine, and west of Akron Avenue. The site is just over 27 acres and will include an
approximately 90’ by 600’ (57,773 square feet) production facility and outdoor storage area.
BACKGROUND
Dakota Aggregates (a partnership of Ames Construction and Cemstone) received a Large Scale Mineral
Extraction (LSME) permit in December 2012. That permit will come before the City for renewal in the
beginning of 2016. The LSME included an Ancillary Use Facility (AUF) which is essentially an industrial
park of businesses that use significant amounts of aggregate in their production. The approved ancillary
uses include recycled aggregate production (RAP), asphalt production, concrete production, concrete
3
product casting yard and a maintenance facility for the vehicles used in the mine and AUF businesses. The
Zoning Ordinance requires that each of the AUF businesses apply for and receive their own Interim Use
Permit (IUP). The existing Cemstone Ready-Mix concrete and Harddrives bituminous plants received
separate approval in 2014. In this case, Wells Concrete Production Company requests an IUP to allow
operation of a concrete casting facility.
According to the applicant, the casting facility will produce construction grade hollowcore and double tees
precast members. The quantity of products produced will be dependent upon market demand. As a
result, the site is anticipated to provide between 30 to 50 jobs in the areas of management, manufacturing
labor, and yarding labor. Production activities will take place almost entirely inside the proposed building.
Once the product is produced, it will be transported by truck and trailer outside the production facility to
the yarding area depicted on the site plan where it will be temporarily stored while it awaits transport to its
unique project. Product in the yard will be stored in an organized manner. Hollowcore product and
double tee members will be stacked no more the 15 feet high.
According to the applicant, there are 6 phases of operation within the proposed casting facility including:
setup, production, stripping, yarding, loading, and transportation. Setup is the first phase of production
and takes place entirely inside the production facility. This phase includes form cleanup, preparation, and
layout for precast members to be produced. In the second phase, the production team orders ready mixed
concrete from the plant across the street. The concrete is made and delivered inside the casting facility by
truck. Next, the operation phase involves placing the concrete into the appropriate piece of production
equipment. The concrete will remain in the production facility and cure until it is time to commence the
stripping phase. This phase involves post production detailing and cutting that may need to take place
outside the production facility or at the jobsite to insure precise measuring, cutting and fit. After the
concrete has cured to a specified strength, the product is ready to be stripped (removed) from the form or
bed, placed on a flatbed trailer and then transported to the yarding area where it will await shipment. The
products will be place on the trailer by overhead crane located within the production facility and removed
from the trailer by means of either a Mi-Jack for double-tees or a specialized forklift for hollowcore. After
the product is produced, stripped, and yarded it will wait for scheduled loading and transport to the
jobsite. Typical loading consists of a truck moving into position alongside the product where the Mi-Jack
Crane will then hoist the product onto the trailer. Once the product has been secured to the trailer it will
be moved to the staging area until it leaves the site. Typical lead times required by erection crews require
that departing loads be staged at least one day prior to departure.
The ordinance intended that a casting yard would be an interim use for 10-years. The applicant is
requesting approval for 30-years and is therefore meeting building standards for the indoor manufacturing
of the product. By ordinance any casting yard activity that will exist longer than 10 years shall comply with
the site, lot, and building standards found in the GI-General Industrial zoning district. Staff has also
applied some of the ordinance standards relating to noise and light. Staff has not applied landscaping
standards to the individual development given the outer perimeter landscape and screening requirements.
However, the proposal includes significant tree removal as compared to the previous mining approval and
therefore there is a recommendation to inventory existing trees and develop a tree replacement plan.
ISSUE ANALYSIS
Review of an interim use permit (IUP) is a quasi-judicial action, meaning that if the application meets the
City’s regulations for the particular use, generally the request must be approved. Interim Use Permits are
intended to permit the temporary use of a property for a specific use until a particular date, the occurrence
4
of a particular event, or zoning regulations no longer permit the proposed use. In this instants, the applicant
requests a 30 year term to correspond to the anticipated end of the associated mining activity.
The general standards and findings used for reviewing an IUP application are outlined in Section 11-10-08
and detailed below. The City must approve or deny each IUP request based on review of these criteria.
Should the City approve an IUP request, it may attach conditions to mitigate anticipated adverse impacts
associated with the use, ensure compliance with the standards of approval, protect the value of other
property, and achieve the goals and objectives of the comprehensive plan.
Interim Use Permit Standards
1. The interim use must be allowed in the zoning district where the property is located.
Finding: The subject property is zoned AG – Agricultural. This district allows large scale mineral
extraction as an interim use. Section 11-10-4-1 details the standards for large scale mineral extraction
and identifies casting yards as an allowable ancillary use provided the site has an approved large scale
mineral extraction permit.
2. The interim use must meet or exceed the performance standards set forth in this title and other
applicable City ordinances.
Finding: The performance standards for this use are reviewed in the Site Plan section below. With a
few exceptions, the proposed project meets or exceeds the performance standards for casting yards.
Areas of non-compliance are addressed through specific conditions of approval detailed in the
Recommended Action section of this report.
3. The interim use must comply with the specific standards for the use identified in this title, and must
comply with all conditions of approval which shall be included in an IUP agreement.
Finding: The applicant’s plans comply with the specific standards for casting yards detailed in Section
11-10-4-1.G.3. The site has an approved mineral extraction permit and the application indicates all
concrete production will take place within the proposed building while curing will take place outside.
Since the casting yard will exist longer than ten (10) years, the Ordinance requires it comply with site,
lot, and building standards within subsections 11-4-16F and G of the General Industrial district, which
is itemized below.
Interim Use Permit Findings
1. The extent, location, and intensity of the use will be in substantial compliance with the comprehensive
plan.
2. Findings: The extent, location, and intensity of the casting yard will be in substantial compliance with
the comprehensive plan. The subject property is guided AGR – Agricultural Research by the
comprehensive plan. This section of the comprehensive plan notes the University of Minnesota
creation of a master plan for UMore Park and that plan will necessitate a future update to the
comprehensive plan. The comprehensive plan also notes AG – Agricultural as the appropriate zoning
until adoption of any amendment. Staff finds the applicant’s plans consistent with the development
standards for casting yards as detailed in the site plan review section below.
5
3. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets.
Findings: Staff finds the use will provide adequate ingress and egress to minimize traffic congestion
in the public streets. According to the applicant, the only access point to and from the AUF will occur
at the intersection of County Road 46 at Akron Avenue. Anticipated trucking levels are approximately
50 loads per day at peak operation. Typical load levels for average operations would be approximately
20-30 loads per day. This access and traffic pattern was approved by both the City and Dakota County
as part of the large scale mineral extraction permit.
4. The use will not be detrimental to the existing character of the development in the immediate
neighborhood or endanger the public health, safety, and general welfare.
Findings: The proposed casting yard use will not be detrimental to the existing character of the
development in the immediate neighborhood or endanger the public health, safety, and general
welfare. The proposed casting yard is consistent with the land use designation and goals and
objectives of the comprehensive plan. In addition, casting yards are an approved ancillary use within a
larger scale mineral extraction area.
5. The use will not impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
Findings: The applicant requests a 30 year IUP for the proposed casting yard consistent with the
large scale mineral extraction permit. Initially the mining permit had anticipated the casting yard of a
shorter duration. In order to permit the use for 30 years, the applicant must develop the site in
compliance with the ordinance industrial standards and ensure that appropriate buffering and
screening is proposed, or would be installed in the future, so that the proposed land use does not
discourage urban development. Conditions of approval for the request and the overall mining permit
require landscaping and berming to potential land use affects from future development. Additionally,
the Akron Avenue corridor must be preserved in the event the collector road is installed prior to
removal of the ancillary uses, including the casting yard. The site plan illustrates the casting yard within
the Akron Avenue corridor. The yard uses are allowed, however a condition of approval requires that
the yard be removed, at no cost to the City, County, or other governmental agency, and screening
provided from the site to the roadway should it be installed prior to the 30-years of this permit.
6. The use shall, in all other respects, conform to the applicable regulations of the district in which it is
located.
Findings: With a few exceptions, the proposed project meets the performance standards for casting
yards. A detailed review of these standards is provided in the site plan review section below. Areas of
non-compliance are addressed through specific conditions of approval detailed in the Recommended
Action section of this report.
Site Plan Review
Land Uses & Zoning. The subject property is guided AGR – Agricultural Research by the
comprehensive plan and zoned AG - Agricultural. The comprehensive plan identifies AG – Agricultural
as the appropriate zoning. The AG – Agricultural district allows large scale mineral extraction as an
interim use. Section 11-10-4-1 details the standards for large scale mineral extraction and identifies casting
yards as ancillary use provided the site has an approved large scale mineral extraction permit. By
6
Ordinance, since the casting yard is planned to be in operation longer than ten (10) years, it must comply
with site, lot, and building standards in Sections 11-4-16.F and G of the General Industrial district.
Setback, Heights & Lot Standards. The applicant’s plans comply with the setback, height, and lot
standards required for ancillary uses as detailed in the GI – General Industrial district. Technically, the
subject property is located within the larger UMore property so the setbacks included in the table below
are from the edge of that property. The building itself will be setback approximately 120’ from 158th Street
West which is a private road not used by general public.
Setback Standards for the GI – General Industrial District
Standard Required Proposed
Minimum Lot Area 5 Acres 27.6 Acres
North (County Road 42) 75 ft. 5,600 ft.
South (County Road 46) 50 ft. 1,270 ft.
East (Akron) 30 ft. 360 ft.
West (Biscayne) 50 ft. 5,200 ft.
Maximum Building Heights 75 ft. 42 ft.
Exterior Building Materials. The proposed building exceeds the exterior building materials standards
for properties in the GI district. According to the ordinance, any exterior wall surface facing a public right
of way or residential uses or district shall be constructed of a combination of glass, brick, natural stone,
specialty integral colored concrete block (including textured, burnished, and rock faced block), tile
(masonry, stone or clay), architectural textured concrete panels cast in place, precast concrete panels or
better. All other wall surfaces shall be constructed of at least forty percent (40%) of these materials. The
remaining sixty percent (60%) of these exterior wall surfaces may be finished steel or aluminum.
Unadorned materials are prohibited. In this case, the building will be made 100% of smooth integral
colored precast concrete panels on all four sides.
Building Massing. Staff finds the design of the proposed building consistent with the building massing
standards for the GI district. Facades facing a public right of way or residential use or district shall be
articulated to reduce their mass and scale and provide visual interest consistent with Rosemount's identity,
character, and scale. Large uninterrupted building walls or elevations are prohibited. Any wall facing a
public right of way or residential use or district more than one hundred feet (100') in length shall be
divided into increments of no more than fifty feet (50') through the articulation of the facade. This shall
be achieved through combinations of divisions or breaks in the materials; arcades, entry features, window
bays, or the like; variations in rooflines or slope plane; variation in building plane or setback or equivalent
techniques approved by the city. In this case, the building walls are divided every 10’ by breaks in the
individual precast concrete panels, every 15’ by a window and every 120’ by a change in texture. The front
(south) elevation also includes an extension of the building for offices, a break room, and vehicle
maintenance bays.
Off-Street Parking. Parking requirements would be that for custom manufacturing uses, which in
Section 11-6-1 requires 1 stall for every 300 square feet of building. The proposed building is 57,773
square feet requiring 193 stalls. The site plan show 49 off-street parking stalls including 2 handicapped
spaces. The applicant has indicated that they would not need that amount of parking and the size of the
building is a function of the activity inside the structure rather than the number of employees. Staff finds
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the proposed amount of parking given the estimate number of employees is between 30 and 50 and the
outdoor staging area can be converted to parking should additional stalls be needed. Staff is also requesting
paving of the main circulation aisles associated with the casting yard. This would be the main north/south
roads within the yard area to reduce dust and be appropriately maintained.
Tree Preservation. In the initial approval for the large scale mining operation the breakdown of intended
uses was as follows:
The 170 acre AUF is roughly rectangular in shape and is located directly north of County Road 46
from Station Trail on the west to Akron Avenue on the east. The AUF would contain 45 acres of
aggregate processing, 20 acres of asphalt production, 12 acres for a concrete product casting yard,
30 acres of concrete production, 8 acres for a vehicle and equipment facility, 5 acres for an office,
10 acres of ponding, 13 acres of recycled aggregate products (RAP), and 30 acres of existing trees
that will be maintained. The accesses for the AUF are proposed to be Station Trail at County
Road 46 and Akron Avenue at County Road 46.
As noted above approximately 30 acres was to remain treed. The majority of the trees to remain were in
the northwest area of the casting yard, adjacent to the future Akron Avenue alignment. There
approximately 13 acres of trees were to remain. Most of these trees are now proposed to be removed. The
applicant indicates that the trees were designated for preservation because the University said they were
needed for research. Later, the University indicated they are not part of a research project. Although not
needed by the University, the preservation is part of the original mining permit approval and is illustrated
on all the plans from 2012. With the current proposal, the applicant is proposing to retain a strip of trees
along the western portion of the tree grove with the remaining removed.
Given these trees were proposed for preservation, staff is recommending the applicant address removal of
the trees in the same manner as required for other developments in the community, through the tree
preservation ordinance. This would require the applicant to identify the trees and species and calculate the
amount of caliper inches to be replaced. Because of the mining activity, staff recommends the replacement
occur along the new Akron Avenue corridor to allow for future screening of the collector road to the
adjoining development. It is unclear how much replacement is needed by ordinance, but it would appear
significant given the acreage currently treed. For this reason, staff is recommending that the tree
preservation inventory and plan be compiled prior to City Council review.
The ordinance requires an applicant may remove up to twenty five (25) percent of the caliper inches of
significant trees before replacement is required. Tree removal beyond the twenty five (25) percent
standard requires replacement at the ratio of one-half (0.5) caliper inch per one caliper inch removed.
Replacement trees shall be of a similar species to those removed, but shall also be a minimum of twenty
five percent (25%) conifers and twenty five percent (25%) deciduous hardwoods. Deciduous trees shall be
no less than two and one-half (2.5) caliper inches while coniferous trees shall be no less than six feet (6')
high
Screening. The subject property meets the screening requirements for properties in the GI district.
According to the ordinance, landscaping and berming shall be the primary source for screening parking
and loading areas. Screening of parking is not at issue given its location on the site. Loading area screening
is required to provide a minimum ninety percent (90%) opacity screen to a height of at least eighteen feet
(18'). The truck loading and staging area will be screened to the north and west by existing trees and a 20’
berm while the 42’ high building will screen approximately two-thirds of the site’s south side. It is
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important to note that the subject property is located within the larger UMore property and will not be
visible from a public right-of-way. However, if Akron Avenue is installed within the designated corridor,
the applicant is required to screen the exterior yard uses from the public views. This is a condition of
approval.
The previous approval stated: Year round 100% opaque screening with earthen berms and landscaping will
be constructed as needed and measured from ground level to the first 30% of the overall height and 50%
opaque to fifty percent of the overall height of the plant as viewed from eye level from surrounding right
of way or roadways.
Signage. The wall signage included in the applicant’s plans appears consistent with the wall sign standards
for the GI district. Wall signs in the GI district all signs shall not exceed twenty percent (20%) of the total
area of the wall on which the signs are affixed. All permanent wall signs shall be individual channel letters
mounted flush with the building or on a raceway. In this case, the applicant’s plans include an individual
letter sign only on the front (south) side of the building. Ground signs for the entire Dakota Aggregates
site are located at the Station Trail and Akron Avenue entrances from County Road 46 and were approved
through a separate PUD. Wall signage for this site shall be approved though a separate administrative
permit.
Exterior Lighting. The applicant’s submittal includes a description of their proposed lighting but does
not include a lighting plan. According to the applicant, the production facility will have downward
directed external lighting in the parking and entry areas as well as around the exterior building walls. When
lighting is required in the storage yard for yarding, loading, and transporting activities, portable light plants
will be utilized. When yarding activities are idle, suspended, or delayed for extended periods and the light
plant is not being utilized, it shall be shutdown. Staff recommends a condition of approval require the
applicant to submit a lighting plan detailing the fixture type and photometric pattern for all exterior
lighting. The previous approval requires lighting for nighttime operations be shielded to prevent lights
being directed at traffic on public roads and the level of lighting will not exceed 1 lumen at the EIS
boundary.
Trash Enclosure. The applicant’s plans do not include information on how trash will be stored and
removed. Staff recommends a condition of approval require the applicant to provide a narrative or plans
that demonstrate trash will be store with in the building or a trash enclosure consistent with Section 5-1-3.
Hours of Operation. The applicant requests the production facility operate 24 hours per day 5 days per
week. These hours would accommodate a double shift and allow for off hour maintenance. According to
the applicant, double shifts are not standard practice at Wells Concrete and would only be utilized during
times of extreme demand. Yarding area hours of operations are requested to be 4 am to 9 pm, 5 days per
week. Typical hours of yarding operations at other Wells facilities are 4:30am to 3-5pm. Yard operations
are typically over much earlier than 9 pm. Wells Concrete also requests the ability to work up to 20
weekends through the course of the calendar year should operational tempo required it.
Staging activities will occur one half hour before and one half hour after normal hours of operation.
Staging activities include lining up and loading of trucks, equipment inspections, fueling, and other similar
related actions. Trucks may enter the site within one half hour before the normal hours; however, no
trucks may leave the site until normal hours of operation. Site clean-up and equipment maintenance may
occur after the p.m. normal hours of operation and within one half hour past the p.m. normal hours of
operation.
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The anticipated hours of operation in 2012 were 24 hours, 7 days a week. However, that also anticipated
that the casting yard was a 10-year operation not 30 years. The issue with the timing and hours of
operation relates more to the impact on future residents that may settle in the area than the existing
condition. Many of the regulations and conditions of approval associated with the mine and the ancillary
uses are to mitigate potential impacts as the UMore property develops to urban standards. While staff is
comfortable with the hours of operation proposed for the near-term, there is more concern about future
activity and its relationship to potential urban development. A condition of approval notes that the hours
of operation will be reviewed during the annual mining permit. If noise issues arise due to the operation of
the casting yard during early morning or late evening hours, staff will bring this IUP forward and
recommend operational changes.
Domestic Wastewater. Portable bathroom facilities (porta-potties) will be located on the site during the
construction. An Individual Sewage Treatment System (ISTS) will be utilized by the operator. The ISTS
will be constructed in accordance with all applicable local and state regulations and all applicable local and
state permits and regulations in regard to system installation and maintenance will be adhered to by the
operator. Staff recommends a condition of approve require the ISTS be approved by the Building
Official through a separate administrative permit.
Noise. According to the applicant, the casting operation will generate minimal noise through the use of
production equipment located entirely within an enclosed production facility. While staging, yarding,
loading, and transporting operations will take place outside, circular traffic flows will be utilized to the
maximum extent possible to prevent trucks from having to back up. However, in the event that operating
equipment needs to back up within the site, OSHA approved white noise back up alarms, rather than
single tone back up alarms, will greatly reduce noise nuisance. In addition to the OSHA approved “white
noise” back up alarms, the proposed activity will be located within an area surrounded by earthen berms
on the northern property line, and a stand of approximately 40 -50 foot tall trees on the northwestern
property line. Moreover, the AUF operations are at least 1 to 1-3/4 miles away from the existing
residential areas.
Engineering Comments. The Engineering Department comments are detailed in the attached memo
dated November 19, 2015.
CONCLUSION & RECOMMENDATION
Staff recommends approval of a 30 year interim use permit (IUP) allowing a concrete casting facility as an
ancillary use to the Dakota Aggregates gravel mine. This recommendation is based on the materials
submitted by the applicant and the findings made in this report.
UMore Precast Concrete
Production Facility
INTERIM USE PERMIT APPLICATION
City of Rosemount
1
Wells Concrete Products Company Concept of Operations
UMore Park
City of Rosemount
October 17, 2015
1. Ancillary Use Facility Legal Description
That part of the Southwest Quarter of Section 34 and the Southeast Quarter of Section 33, all in
Township 115, Range 19, Dakota County, Minnesota, described as follows:
Beginning at the southwest corner of said Southwest Quarter of Section 34; thence South 89
degrees 42 minutes 10 seconds East, assumed bearing along the south line of said Southwest
Quarter of Section 34, a distance of 2192.17 feet; thence North 04 degrees 21 minutes 18 seconds
East a distance of 142.12 feet; thence North 01 degrees 12 minutes 32 seconds West a distance of
368.88 feet; thence North 01 degrees 58 minutes 09 seconds West a distance of 266.72 feet; thence
northeasterly 112.50 feet, along a tangential curve, concave to the southeast, having a central angle
of 56 degrees 02 minutes 58 seconds and a radius of 115.00 feet; thence northerly 56.43 feet, along
a non-tangential curve, concave to the east, having a central angle of 35 degrees 55 minutes 23
seconds, a radius of 90.00 feet and a chord which bears North 17 degrees 26 minutes 35 seconds
West; thence North 00 degrees 31 minutes 07 seconds East, tangent to last described curve, a
distance of 206.76 feet; thence northerly 83.26 feet, along a tangential curve, concave to the west,
having a central angle of 34 degrees 04 minutes 23 seconds and a radius of 140.00 feet; thence
North 56 degrees 26 minutes 44 seconds East a distance of 45.08 feet; thence North 00 degrees 31
minutes 07 seconds East a distance of 299.38 feet; thence North 88 degrees 50 minutes 09 seconds
West a distance of 537.90 feet; thence North 01 degrees 06 minutes 55 seconds East a distance of
542.56 feet to the following described line.
Commencing at the northwest corner of said Southwest Quarter of Section 34; thence South 00
degrees 11 minutes 58 seconds West, along the west line of said Southwest Quarter of Section 34, a
distance of 549.45 feet to the point of beginning of the line to be described; thence South 89
degrees 28 minutes 53 seconds East a distance of 2646.92 feet to the east line of said Southwest
Quarter of Section 34 and there terminating.
Thence North 89 degrees 28 minutes 53 seconds West, along said described line, a distance of
1701.18 feet to said west line of the Southwest Quarter of Section 34; thence South 89 degrees 42
minutes 48 seconds West a distance of 133.00 feet; thence North 89 degrees 25 minutes 32 seconds
West a distance of 1911.08 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of
6.69 feet; thence South 24 degrees 59 minutes 14 seconds East a distance of 32.37 feet; thence
South 38 degrees 36 minutes 54 seconds East a distance of 58.76 feet; thence South 24 degrees 49
minutes 30 seconds East a distance of 21.39 feet; thence South 08 degrees 35 minutes 01 seconds
East a distance of 17.27 feet; thence South 01 degrees 13 minutes 27 seconds East a distance of
55.61 feet; thence South 20 degrees 01 minutes 53 seconds East a distance of 40.77 feet; thence
South 20 degrees 03 minutes 43 seconds East a distance of 111.64 feet; thence South 15 degrees 03
minutes 51 seconds East a distance of 118.93 feet; thence South 27 degrees 25 minutes 38 seconds
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East a distance of 247.59 feet; thence South 21 degrees 09 minutes 19 seconds East a distance of
78.57 feet; thence South 18 degrees 19 minutes 12 seconds East a distance of 190.08 feet; thence
South 26 degrees 25 minutes 05 seconds East a distance of 227.06 feet; thence South 46 degrees 46
minutes 51 seconds East a distance of 98.15 feet; thence South 33 degrees 47 minutes 16 seconds
East a distance of 171.67 feet; thence South 23 degrees 42 minutes 30 seconds East a distance of
90.20 feet; thence South 17 degrees 56 minutes 04 seconds East a distance of 178.92 feet; thence
South 17 degrees 54 minutes 28 seconds East a distance of 132.38 feet; thence South 25 degrees 39
minutes 33 seconds East a distance of 126.20 feet; thence South 30 degrees 29 minutes 59 seconds
East a distance of 103.92 feet; thence South 28 degrees 45 minutes 36 seconds East a distance of
250.67 feet to the south line of said Southeast Quarter of Section 33; thence North 89 degrees 34
minutes 22 seconds East, along said south line, a distance of 1060.22 feet to the point of beginning.
EXCEPT that part lying southerly of north right of way line of County State Aid Highway No. 46
per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 253 and DAKOTA COUNTY
ROAD RIGHT OF WAY MAP NO. 254, according to the recorded plats thereof, Dakota County,
Minnesota.
OVERALL GROSS AREA AUF: 171.86 Acres
NET USABLE AREA AUF: 100.30 Acres
GROSS AREA CASTING YARD: 27.60 Acres
NET USABLE AREA CASTING YARD: 23.66 Acres
2. Land Owner:
Regents of the University of Minnesota
UMore Development LLC
230 McNamara Alumni Center
200 Oak Street S.E.
Minneapolis, MN 55455
Applicant:
Wells Concrete Products Company
210 Inspiration Lane
Albany, MN 56307
Operator:
Wells Concrete Products Company
210 Inspiration Lane
Albany, MN 56307
3. Names and Addresses of All Adjacent Landowners within ¼ of a Mile
Please see attached list.
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4. Existing land use designations on the subject property and zoned properties within 1/4 mile:
The existing land use within the proposed mining area is agricultural research. Residential zoning is
present on the north side of County Road 42. Agricultural/Public Institutional uses are present to
the south and to the east with the majority of this agricultural land being owned by the Regents of
the University of Minnesota. Business and Industrial zoning lies to the west of the proposed mining
site as well as Agricultural zoned land.
5. Introduction and Purpose of the Proposed Activity:
Wells Concrete Products Company (Wells Concrete and applicant/operator) is applying for an
interim use permit on land within UMore Park which is located in the City of Rosemount. Wells
Concrete is proposing to operate a pre-stressed concrete operation which will produce construction
grade concrete products. The pre-stressed concrete products to be produced are hollowcore and
double tees.
The proposed site plan and subsequent construction of the operation will include clearing and
grubbing, relocation of surface soils and stockpiling of topsoil and berm and swale construction,
and construction of the production facility and yarding area. Please see attached site plan for
specific details.
It is estimated that the proposed activity will provide approximately 30, to as many as 50, new jobs
to the community of Rosemount. The positions will be in the areas of management, manufacturing
labor, and yarding labor. The activity will produce hollowcore and double tees precast members.
The quantity of products produced will be dependent upon market demands for said products and as
such the number of employees will ebb and flow with market demands.
All production activities will take place almost entirely inside the production facility (Please see
attached drawings for dimensions and positioning of the production building relative to the site).
All concrete used within the production facility will be provided by Cemstone’s preexisting
batching facility located across the street from the proposed activity. There will be no need to
construct a batching facility unique to this facility. Once the product is produced, it will be
transported by truck and trailer outside the production facility to the yarding area depicted on the
site plan where it will be temporarily stored while it awaits transport to its unique project. Product
in the yard will be stored in a highly organized and safe manner. Hollowcore product will be
stacked no more the 15 feet high and double tee members will be stacked no more than 15 feet
high.
There are 6 phases of operations within the proposed activity.
1. Setup
2. Production
3. Stripping
4. Yarding
5. Loading
6. Transport
Setup
Setup is the first phase of production and takes place entirely inside the production facility. This
phase includes form cleanup, form preparation, and form layout for proposed precast members to
be produced.
4
Production
Production of the actual precast members is also done almost entirely within the production facility.
Once set up complete, the production team will order ready mixed concrete which will arrive across
the street to inside the facility via Ready Mix truck and Tucker Concrete Delivery Trucks
5
Operation of ready mix trucks and Tucker Trucks is approximately four hours (half the duration) of
any 8 hour shift. The delivery vehicles travel from the batching facility across the street to inside
the production facility, place the concrete into the appropriate piece of production equipment, return
to the batching facility, and repeat until production is compete. The concrete will remain in the
production facility and cure until it is time to commence stripping. There are times when some post
production detailing, such as cutting, may need to take place outside the production facility.
However, this type of detailing is uncommon and if needed is often performed at the jobsite to
insure precise measuring, cutting and fitment.
Stripping and Yarding
After the concrete has cured to a specified strength, the product is ready to be stripped (removed)
from the form or bed, placed on a flatbed trailer and then transported to the yarding area where it
will await shipment. The products will be place on the trailer by overhead crane located within the
production facility and removed from the trailer by means of either a Mi-Jack for double-tees or a
specialized forklift for hollowcore. Please note the first picture is simply to illustrate the specific
piece of equipment: Mi-Jack Cranes. The second picture illustrates typical double tee yarding
practices.
6
The forklift depicted below is typical of the size and type used within our industry. The forklift will
be fitted with specialized forks which safely secure the precast members on the forks until the
operator releases the product.
7
Below is typical hollowcore product and yarding techniques.
Loading and Transport
After the product is produced, stripped, and yarded it will wait for scheduled loading and transport
to the jobsite. Typical loading consists of a truck moving into position alongside the product where
the Mi-Jack Crane will then hoist the product onto the trailer. Once the product has been secured to
the trailer it will be moved to the staging area where it will await its scheduled departure. Typical
lead times required by erection crews require that departing loads be staged at least one day prior to
departure. The photographs below depict typical double tee and hollowcore loading and trucking
techniques as intended at the proposed activity.
8
9
Transport of the product will be accomplished by trucking.
10
6. List of vehicles and equipment to be used on site:
Mi-Jack Cranes Overhead Cranes
Hollowcore production equipment Tucker Trucks
Ready Mix Trucks Tractor Trailer Trucks
Specialized Fork Lift(s) Concrete saw(s)
Yard trucks (pick-up trucks) Concrete finishing equipment
Welding equipment Water Truck
Snow removal equipment
7. Other Required Operating Permits
- Dakota County Well Permit
- Dakota County Septic Permits
- Minnesota NPDES Permit (In Place Permit # MNG490289)
8. Names of Highways, Streets, or other Public Roadways within the City upon which the
Material will be Transported:
Akron Avenue, County Road# 42, County Road# 46, County Road# 3, and State Highway# 52.
9. Access Location and Loads per day
The access point to and from the AUF will occur at the intersection of County Road #46 at Akron
Avenue. Anticipated trucking levels are approximately 50 loads per day at peak operational tempo.
Typical load levels for average operational tempo would be in the 20-30 loads per day.
10. Description, Location and Construction of all wells
Please refer to site plan for the location of the proposed well. Forecast water consumption is
approximately 2,000 gallons per week.
11. Spill Prevention Control and Containment Plan (SPCC Plan)
Federal law requires compliance with 40 CFR 112 for facilities storing more than 1320 gallons of
above petroleum. The proposed activity is in compliance all federal, state, and local directives and
covered under the SPCC plan already in place for the UMore AUF.
12. Environmental Contingency Plan
The Dakota Aggregates approved Environmental Contingency Plan is attached and the Casting
Yard facilities will follow this plan.
13. Truck Washing (Accessory Use)
Truck washing/rinsing will take place at the Cemstone ready-mixed concrete facility.
14. Minor Vehicle and Mining Equipment Maintenance(Accessory Use)
Minor vehicle and production equipment maintenance will mainly occur inside the production
facility. Routine maintenance on equipment too large to fit in the production facility will take place
outside the production facility an in accordance with UMore AUF directives.
15. Storage of Machinery used daily in the Extraction Area(Accessory Use)
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Only equipment utilized by the proposed activity will be stored on the activities site. All equipment
will be stored in an orderly fashion during off hours. All equipment will be well kept and
maintained to high quality standards. Equipment utilized in the proposed activity will include
Hollowcore production equipment, Mi-Jack cranes, interior overhead cranes, exterior light plants,
tractor trailer trucks, Ready Mix trucks, Tucker trucks, concrete finishing equipment, concrete
saws, and snow removal equipment.
16. Setbacks:
Setback boundaries shall be as follows. In the case that the setbacks are measures from zoning
district boundaries that occur along a public street right-of-way, the zoning district boundary is
assumed to be the centerline of that public right-of-way.
a. Residential Zoning District: 350 feet
b. Industrial, Commercial, or Institutional Zoning District: 150 feet
c. Agricultural Zoning District: 30 feet
d. Inhabited Residence: 200 feet
e. Right of way, Streets, and City easements: 75 feet
f. Pre existing water bodies: 150 feet
17. Height:
Max height of the production building is 42’.
18. Hours of Operation
Production Facility: 24 hours – 5 days per week.
All activity takes place WITHIN the production building. These hours would accommodate a
double shift and allow for off hour maintenance. Double shifts are not standard practice at Wells
Concrete and would only be utilized during times of extreme demand.
Yarding Area of Operations: 4 am to 9 pm. 5 days per week.
Typical hours of yarding operations at our other production facilities are 4:30am to 3-5pm. Yard
operations are typically over much earlier than 9pm.
Snow Removal Operations: 24-7
Weekend Operations: Wells Concrete would requests the ability to work up to 20 weekends
through the course of the calendar year should operational tempo required it. Weekend operations
are very rare in Wells Concrete.
19. Staging Activities
Staging activities will occur one half hour before normal hours and one half hour after normal hours
of operation. Staging activities include lining up and loading of trucks, equipment inspections,
fueling, and other similar related actions. Trucks may enter the site within one half hour before the
normal hours; however, no trucks may leave the site until normal hours of operation. After the p.m.
normal hours of operation and within one half hour past the p.m. normal hours of operation, site
clean up and equipment maintenance may occur as well.
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20. Noise
The casting operation will generate minimal noise through the use of production equipment located
entirely within an enclosed production facility. Staging, yarding, loading, and transporting
operations will take place on the property. Circular traffic flows will be utilized to the maximum
extent possible to prevent trucks from having to back up. However, in the event that operating
equipment needs to back up within the site, OSHA approved white noise back up alarms, rather
than single tone back up alarms, will greatly reduce noise nuisance.
In addition to the OSHA approved “white noise” back up alarms, the proposed activity will be
located within an area surrounded by earthen berms on the northern property line, and a stand of
approximately 40 -50 foot tall trees on the northwestern property line. Moreover, the AUF
operations are at least 1 to 1-3/4 miles away from the existing residential areas.
21. Paved Access Roads/ Dust Control:
Paving is depicted on the site plan and dust control will be done in accordance with applicable local
codes and ordinances.
22. Industrial Waste Water and Water Pumping Activities
The proposed activity will produce very little waste water as a byproduct of its operation. All waste
water for washout of Ready Mix and Tucker trucks will be handled at Cemstone’s waste water
facility. Waste water produced during the cutting of precast members will flow by means of
interior gutters to a waste water weir pit constructed of concrete and located within the proposed
production facility. When the waste water reaches an adequate level it will be removed, transported
via tanker trunk, and processed at the Cemstone wastewater facility located within UMore AUF.
23. Drainage characteristics and erosion control
Refer to site plan
24. Domestic Wastewater
Portable bathroom facilities (porta-potties) will be located on the site during the construction phase
of the proposed activity. An Individual Sewage Treatment System (ISTS) will be utilized by the
operator. The ISTS will be constructed in accordance with all applicable local and state regulations
and all applicable local and state permits and regulations in regard to system installation and
maintenance will be adhered to by the operator.
25. Topsoil:
Topsoil located on the site before the excavation operations begin will remain within UMore Park
boundaries of the operation.
26. Maintenance of Vehicles
All machinery will be kept operational. Abandoned machinery and rubbish will not be present at
the activities site. All Machinery will be periodically inspected, repaired, and painted as needed.
27. Lighting:
The production facility will have downward directed external lighting in the parking and entry areas
as well as around the exterior walls.
When lighting is required in the storage yard for yarding, loading, and transporting activities
portable light plants will utilized. See below for typical light station:
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All lighting will be directed away from traffic on a public road in such brilliance that it impairs the
vision of the driver and may not interfere with or obscure traffic sign or signals. When yarding
activities are idle, suspended, or delayed for extended periods and the light plant is not being
utilized, it shall be shutdown.
MEMORANDUM
DATE: November 19, 2015
TO: Kim Lindquist, Community Development Director
CC: Patrick Wrase, Director of Public Works/City Engineer
Kyle Klatt, Senior Planner
Amy Roudebush, Planning and Personnel Secretary
FROM: Mitch Hatcher, Project Engineer
RE: Wells Concrete Engineering Review
SUBMITTAL:
Submittal prepared by Wells Concrete Products Company and James R Hill, Inc. Site Plans prepared
by James R Hill, Inc. are dated October 26, 2015. Engineering review comments were generated
from the following documents included in the submittal:
Site plans (13 sheets) including:
o Title Sheet
o Overall Site Plan
o Existing Conditions
o Grading, Drainage, and Utility Plan
o Sight Line
o Traffic Flow
o Details
SITE PLAN COMMENTS:
1. In the site plan submittal for the overall UMore Park Mining Operation, a potential future
Akron Avenue corridor was identified. This site plan shall be in accordance with that plan,
alignment, and requirements.
2. It is recommended that the main truck traffic drive lanes be paved, as opposed to the
currently proposed gravel surface.
3. Retaining walls exceeding 4’ in height shall require a plan prepared by a licensed engineer
submitted for review and approved by the building official prior to permit issue.
4. Erosion and sediment control shall be in accordance with the SWPPP and is the
responsibility of the owner/contractor. Specific erosion control practices should be
identified for site mass grading to preserve storage in basins. Owner should be required to
dredge accumulated material out of the NURP basin at the completion of construction if it is
determined that adequate treatment volume is no longer available.
5. Typically the maximum allowable slope is 4:1 (Horizontal:Vertical). Maximum slopes of 3:1
are allowed or this site.
STORMWATER MANAGEMENT:
6. Note: The overall UMore Park Mining Operation site stormwater management plan was
reviewed August 22, 2012 and September 20, 2012.
7. Drainage and utility easements should be shown on the grading plan. Easements are required
for all outletted basins, ditches, and overflow routes encompassing the basin’s 100-yr HWL.
8. Show HWLs for ditch/basins along south and northern boarders of the site.
9. Hydraulic calculations should be updated to show modifications to the Site Plan since the
September 17, 2012 submittal.
10. Proposed condition hydraulic model should be provided for review to evaluate the sizing of
the outlet control structure (OCS) on the north end of the Site.
11. Drainage area map should be provided to show the areas sub watersheds draining north and
south on the site.
12. Developer should evaluate grading the channel draining to OCS #1 with a continuous slope
to the outlet vs. a high point in front of the OCS. This will allow the ditch to drain into the
NURP basin for easier maintenance of the ditch and reduce standing water. Unsure if this is
intended to provide spill containment?
13. For 36” outlet pipe from OCS #1 – Steel sheet pile and concrete grouted riprap shall be
installed at all pipe outlets 21” in diameter of larger per the Current version of the FES Sheet
Piling and Grouted Riprap at Outlets details in the City’s General Specifications and
standard details. Add copy of detail to sheet 7.1.
14. Add call out to tie last 3 pipe sections to FES on the storm sewer from OCS #1 into the
NURP Pond.
15. 100-yr, 24-hr storm event storage volume will be provided in the NURP ponding/infiltration
area to the east. Any alterations in drainage areas or storage requirements should be noted in
revised stormwater calculations.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012-
A RESOLUTION APPROVING THE INTERIM USE PERMIT TO DAKOTA
AGGREGATES FOR LARGE SCALE MINERAL EXTRACTION
WHEREAS,the City of Rosemount received an application from Dakota Aggregates LLC for an
Interim Use Permit(IUP) to allow sand and gravel mining, mining accessory uses,and the potential
to apply for separate interim use permits for ancillary uses concerning property legally described as:
That part South Half of Section 28,Township 115,Range 19,Dakota County,Minnesota,
lying westerly of the following described line;
Commencing at the northeast corner of the Southeast Quarter of said Section 28;thence
South 89 degrees 48 minutes 43 seconds West, assumed bearing along the north line of said
Southeast Quarter,a distance of 1058.90 feet to the point of beginning of the line to be
described;thence South 18 degrees 23 minutes 48 seconds West a distance 1211.64 feet;
thence South 07 degrees 11 minutes 26 seconds East a distance of 1472.46 feet;thence
South 75 degrees 07 minutes 52 seconds East a distance of 126.03 feet to the south line of
said Southeast Quarter and there terminating.
EXCEPT the plat of UNIVERSITY ADDITION, said Dakota County.
AND
Section 33,Township 115,Range 19,Dakota County,Minnesota;EXCEPT the East 133.00
feet of the North 549.43 feet of the Southeast Quarter of said Section 33;EXCEPT the East
133.00 feet of the South 930.25 feet of the Northeast Quarter of said Section 33;also
EXCEPT that part of said Northeast Quarter described as follows:
Beginning at the northeast corner of said Northeast Quarter,thence South 00 degrees 11
minutes 58 seconds West,assumed bearing along the East line of said Northwest Quarter,a
distance of 800.63 feet;thence North 81 degrees 23 minutes 25 seconds West a distance of
40.76 feet;thence North 38 degrees 17 minutes 54 seconds West a distance of 819.06 feet;
thence North 75 degrees 07 minutes 52 seconds West a distance of 580.25 feet to the north
Line of said NorthwestQu arter,thence North 89 degrees 51 seconds 14 seconds East, along
said north line,a distance of 1111.53 feet to the point of beginning.
AND
That part of the Northwest Quarter of Section 34,Township 115,Range 19,Dakota County,
Minnesota,described as follows:
Commencing at the northwest corner of said Northwest Quarter;thence South 00 degrees
11 minutes 58 seconds West,assumed bearing along the west line of said Northwest
Quarter,a distance of 800.63 feet to the point of beginning of the land to be described;
thence continuing South 00 degrees 11 minutes 58 seconds West, along said west line,a
distance of 912.75 feet;thence North 89 degrees 51 minutes 14 seconds East a distance of
RESOLUTION 2012-
647.18 feet;thence North 00 degrees 11 minutes 58 seconds East a distance of 813.16 feet;
thence North 81 degrees 23 minutes 25 seconds West a distance of 654.21 feet to the point
of beginning.
AND
That part of the Southwest Quarter of Section 34, Township 115,Range 19,Dakota County,
Minnesota, lying southerly of the following described line:
Commencing at the northwest corner of said Southwest Quarter,thence South 00 degrees
11 minutes 58 seconds West,assumed bearing along the west line of said Southwest Quarter,
a distance of 549.45 feet to the point of beginning of the line to be described;thence South
89 degrees 28 minutes 53 seconds East a distance of 2646.92 feet to the east line of said
Southwest Quarter and there terminating
And lying westerly,northwesterly and northerly of the following described line:
Commencing at the southwest corner of said Southwest Quarter,thence South 89 degrees
42 minutes 10 seconds East,along the south line of said Southwest Quarter,a distance of
2192.17 feet to the point of beginning of the line to be described;thence North 04 degrees
21 seconds 18 seconds East a distance of 142.12 feet;thence North 01 degrees 12 minutes
32 seconds West a distance of 368.88 feet;thence North 01 degrees 58 minutes 09 seconds
West a distance of 266.72 feet;thence northeasterly 194.60 feet, along tangential curve,
concave to the southeast,having a central angle of 96 degrees 57 minutes 13 seconds and a
radius of 115.00 feet;thence South 85 degrees 00 minutes 56 seconds East tangentent to last
described curve a distance of 157.25 feet;thence easterly 99.70 feet along a tangential curve
concave to the north,having a central angle of 09 degrees 25 minutes 45 seconds and a
radius of 605.84 feet;thence northeasterly 100.73 feet,along a reverse curve,concave to the
northwest,having a central angle of 56 degrees 01 minutes 50 seconds and a radius of 103.00
feet to the west line of said Southwest Quarter and said line there terminating.
WHEREAS on August 28 2012,and September 25 2012 the Planning Commission of the CitY
of Rosemount held a public hearing to review the IUP request from Dakota Aggregate; and
WHEREAS,the Planning Commission adopted a motion recommending that the City Council
approve the interim use permit to allow sand and ravel mining, mining accessory uses and thePPPgggrY
potential to apply for separate interim use permits for ancillary uses;and
WHEREAS,the Planning Commission adopted a motion recommending that the City Council
approve the Interim Use Permit subject to conditions;and
WHEREAS, on December 18,2012,the City Council of the City of Rosemount reviewed the
Planning Commission's recommendations;and
2
RESOLUTION 2012-
WHEREAS, on December 18,2012,the City Council of the City of Rosemount approved the
interim use permit allowing allow sand and gravel mining, mining accessory uses,and the potential
to apply for separate interim use permits for ancillary uses; and
NOW,THEREFORE, BE IT RESOLVED,the Council of the City of Rosemount hereby
approves the IUP for Dakota Aggregates LLC to allow sand and gravel mining, mining accessory
uses,and the potential to apply for separate interim use permits for ancillary uses, subject to the
following conditions:
1. The University of Minnesota shall grant to the City,its agents,employees, officers and
contractors and to any surety of Dakota Aggregates LLC performing Dakota Aggregate
LLC's obligations and the agents,employees,officers and contractors of the surety an
irrevocable license,in a form approved by the City Attorney,to enter the Property to
perform all work and inspections deemed appropriate by the City to enforce conditions
imposed on the University to the extent the University engages in mineral extraction, or
Dakota Aggregates,LLC in connection with permitting of mining operations on the
Property, including work that the City elects to perform or requires the surety to perform as
a result of the pennitee's default. This license shall continue in effect until all mining
operations on the Property are complete and all conditions imposed by the City have been
complied with.
2. The design of the monitoring wells shall be reviewed and approved by the City's consulting
hydrogeologist before the monitoring wells can be installed. Dakota Aggregates will provide
the boring log in the location of the monitoring well and proposed well construction
including screening interval and sampling method to assist the review. The City may revise
the proposed well construction based on field observation during the well boring. The City
may require a nested monitoring well if an adequate screening interval and sampling method
cannot be provided through a single well. The City may require changes to the monitoring
well sampling if future City well pumping result in changes to the.groundwater flow pattern.
3. Mining within any phase that would expose the groundwater will not be permitted before
additional borings are conducted in the deepest areas of the proposed lake to confirm that a
minimum of fifteen(15) feet of separation between the mining and the bedrock Mining can
occur within two (2) feet of the groundwater prior to testing occurring.
4. Protection equipment that is installed on hauling trucks,such as covers for the truck beds,
shall be used while traveling on public roads.Non-use will be considered a violation of the
permit condition.
5. Trucks may not be loaded heavier that the public haul roads posted weight restrictions.
6. Mining in Dry Mining Phases 1 through 7 may not occur beyond 2028. Reclamation of Dry
Mining Phases 1 through 7 must be completed by December 31,2028,including grading in
accordance with the end use plan as depicted on plan sheet 4.01 prepared by James R.Dill,
Inc. dated 6/26/12,Project No. 22632,unless some other grading plan is approved by the
City.
7. An Interim Use Pen-nit for the casting yard shall not be allowed beyond December 31,2022.
8. Execution of,and continuing compliance with the terms of,a Letter Agreement with the
University of Minnesota that includes a 25% contribution up to $100,000 (based on current
estimated cost) to the stoplight installation at Biscayne Avenue and County Road 42 and a
50% contribution up to $1.2 million(based upon current estimated cost) to the
improvement of Biscayne Avenue from Boulder Trail to County Road 46. Execution of a
3
RESOLUTION 2012-
Public Improvement Agreement with Dakota Aggregates that includes a 25% contribution
to the stoplight installation at Biscayne Avenue and County Road 42 if Dakota Aggregates
uses the Boulder Trail access.
9. Revise Sheet 1.07 to display access Ni at the intersection of Biscayne Avenue and Boulder
Trail.
10. A City grading permit is required prior to construction of the haul route from Northern Dry
Mining area to Akron Avenue.
11. Access permits are required for any access route connection to a public roadway from the
jurisdictional agency in control of the public roadway.
12. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted and
approved by the City Engineer before the reclamation can occur.
13. Berniing and landscaping consistent with ordinance criteria is be required on the east
boundary of Dry Mining Sub-Phases 10B, 11A,and 11B; and required on the north
boundary of Dry Mining Sub-Phase 11B.
14. The End Use Grading Plans for Dry Mining Sub-Phases 5B and 6B shall be submitted and
approved before the Annual Operating Permit would be issued for those sub-phases.
15. No Annual Operating Permit for Dry Phases 8,9, 10 and 11 shall be issued until an End Use
Grading Plan for Dry Mining Phases 8,9, 10 and 11 is reviewed and approved by the City
Council.
16. A gate and thirty(30) feet of fencing on each side of the gate shall be installed at the
entrance of each access route. The gate shall be closed and locked when the mining or
ancillary uses are not in operation. A knox box or similar devise shall be installed to provide
emergency personal access to the key for the lock
17. Provide an End Use Grading Plan for the Ancillary Use Facility(AUF) area.
18. The path of any road licensed vehicles using the concrete processing,asphalt processing,and
vehicle maintenance facility shall be paved with curbing per the City Code.
19. Conformance with the City Engineer's Memorandum dated September 20,2012.
20. The University of Minnesota(or designated entity) shall obtain approval and/or concurrence
from the MPCA regarding completion of appropriate investigations and/or actions taken in
response to identified releases of hazardous substances,pollutants or contaminates as
defined under Minn. Statute 115B,and as deemed reasonable and necessary by the MPCA.
21. Within the Environmental Contingency Plan, add Dakota CountyEnvironmental
Management to the initial notification list (including the University,the environmentalggtY
consultant,and the City) if potentially hazardous/unsafe conditions are discovered.
22. Within the Environmental Contingency Plan, add beryllium,cyanide,and thallium to the
chemicals tested for in the groundwater monitoring samples.
23. A wetland conservation act permit and wetland mitigation plan must be approved before an
annual operating permit can be issued for any phase with a wetland.
24. Any costs incurred now or in the future in changing the location of existing public or private
utilities including but not limited to pipelines,transmission structures and sewer
infrastructure located within the permit area shall be the sole obligation and expense of
Dakota Aggregates.
25. Dakota Aggregates shall abandon and remove the obsolete Metropolitan County sanitary
sewer line before an Annual Operating Permit can be issued within any mining phase
containing that old sewer line.
4
RESOLUTION 2012-
26. All costs of processing the permit, including but not limited to planning fees,engineering
fees and legal fees,shall be paid by Dakota Aggregates prior to the issuance of the permit.
Dakota Aggregates shall reimburse the City for the cost of periodic inspections by the City
Administrator or any other City employee for the purpose of insuring that conditions of the
permit are being satisfied. Dakota Aggregates agrees to reimburse the City for any other
costs incurred as a result of the granting or enforcing of the permit.
27. Dakota Aggregates shall hold the City harmless from all claims or causes of action that may
result from the granting of the permit. Dakota Aggregates shall indemnify the City for all
costs,damages or expenses, including but not limited to attorneys fees that the City may pay
or incur in consequence of such claims.
28. Complete mining and interim reclamation per each designated sub-phase is required before
any additional mining beyond the initial 80 acres in anyone area is authorized. Additional
mining Sub-Phases will be allowed equal to the Sub-Phase reclaimed. Modifications or
expansion of the mining areas must be approved in writing to the City.
29. No mining activity will occur within fifteen (15) vertical feet of bedrock
30. Dakota Aggregates shall incorporate best management practices for controlling dust,
erosion,noise and storm water runoff as specified by the Minnesota Pollution Control
Agency and the United States Environmental Protection Agency.
31. Compliance with Dakota County Ordinances No. 110 and 111,as well as all other applicable
Federal,Minnesota,Dakota County,and Rosemount regulations. Soil materials in the
Property will be managed in accordance with the Minnesota Pollution Control Agencys Best
Management Practices(BMPS)for the Off-Site Reuse of Unregulated Fill.
32. Dakota Aggregates may not assign this permit without written approval of the City. Dakota
Aggregates will be responsible for all requirements of this permit and all City ordinances on
the licensed premises for the permit period unless Dakota Aggregates gives sixty(60) days
prior written notice to the City of termination and surrenders permit to the City. Dakota
Aggregates shall identify all operators prior to their commencement of mineral extraction-
related activities in the pit area. The City shall have the authority to cause all mineral
extraction activities to cease at any time there is an apparent breach of the terms of this
Permit.
33. Dakota Aggregates shall comply with all the mitigative measures identified in the previously
completed Mining EIS and the current mining application associated with issues such as
noise,dust,traffic,screening,berming and landscaping except where the conditions of
approval modify the proposed measures.Any action not expressly requested and permitted
by this approval is not allowed by the applicant.Failure to comply with all application
commitments is a violation of the permit and is subject to enforcement actions per the City
Code.
34. Submit a Quality Assurance Project Plan that has been approved by the Minnesota Pollution
Control Agency in accordance with ANSI/ASQC E4-1994.
35. The City of Rosemount shall have the ability to collect independent soil and water samples.
36. Dakota Aggregates shall provide the City of Rosemount notification of well sampling two
weeks in advance of the testing.
37. Dakota Aggregates shall comply with such other requirements of the City Council as it shall
from time to time deem proper and necessary for the protection of the citizens and general
welfare of the community.
5
RESOLUTION 2012-
ADOPTED this 18`h day of December,2012 by the City Council of the City of Rosemount.
William H.Droste,Mayor
ATTEST:
Amy Domeier,Gty Clerk
6
2013 Large Scale Mineral Extraction Annual Operating Permit
Agreement for Dry/Wet Mining Phase 1A
DAKOTA AGGREGATES,LLC
A. Dakota Aggregates, LLC (hereinafter the Operator") signs a written consent to
these conditions binding itself and its successors, heirs or assigns to the conditions of
said permit.
B. The term of the permit shall extend from November 6, 2012 until December 31,
2013 unless revokedrior to that for failure to comply with the permit requirements.p p
C. Mining in Wet/Dry Mining Phase I shall be limited to from 6 a.m. to 10 p.m.
Monday through Friday and from 7 a.m. to 7 p.m. on Saturday. The Community
Development Director may authorize Sunday operation from 8 a.m. to 5 p.m. on no
more than five(5) Sundays in 2013 provided the operator notifies the Community
Development Director no less than 72 hours before a Sunday operation.
D. The designof monitoring wells RMW-3 and RMW-4 shall be reviewed andg
approved by the City's hydrogeologist consultant before the monitoring wells can be
installed. Dakota Aggregates will provide the boring log in the location of the
monitoring well and proposed well construction including screening interval and
sampling method to assist the review. The City may revise the proposed well
construction based on field observation during the well boring. The City may
require a nested monitoring well if an adequate screening interval and sampling
method cannot be provided through a single well.
E. Protection equipment that is installed on hauling trucks, such as covers for the truck
beds, shall be used while traveling on public roads. Non-use will be considered a
violation of the permit condition.
F. Trucks may not be loaded heavier that the public haul roads posted weight
restrictions.
G. Dakota Aggregates shall receive an access permit for County Road 46 from Dakota
County.
H. Engineered designs for any reclamation steeper than a 3 to 1 slope must be submitted
and approved by the City Engineer before the reclamation can occur.
I. A gate and thirty(30) feet of fencing on each side of the gate shall be installed at the
Station Trail access. The gate shall be closed and locked when the mining or
ancillary uses are not in operation. A knox box or similar devise shall be installed to
provide emergency personal access to the key for the lock.
2013 Annual Operating Permit
Dakota Aggregates,LLC
2of6
J. Conformance with the City Engineer's Memorandum dated September 20, 2012.
K. The University of Minnesota(or designated entity) shall obtain approval and/or
concurrence from the MPCA regarding completion of appropriate investigations
and/or actions taken in response to identified releases of hazardous substances,
pollutants or contaminates as defined under Minn. Statute 1158, and as deemed
reasonable and necessary by the MPCA.
L. Dakota Aggregates shall clean dirt and debris from streets that has resulted from
extraction or hauling operations related to the Mineral Extraction Permit. After
Dakota Aggregates has received 24-hour verbal notice, the City will complete or
contract to complete the clean-up at Dakota Aggregates' expense. In the event of a
traffic hazard as determined by the City Administrator(or the Administrator's
designee) or Rosemount Police Department, the City may proceed immediately to
complete or contract cleanup at Dakota Aggregates' expense without prior
notification.
M. No topsoil shall be removed from the site unless Dakota Aggregates can demonstrate
that there is topsoil in excess of the amount needed to reclaim the End Use Grading
Plan with at least six (6) inches of topsoil. Dakota Aggregates shall take necessary
measures to prevent erosion of the stockpiled topsoil.
N. Any costs incurred now or in the future in changing the location of existing public or
private utilities including but not limited to pipelines, transmission structures and
sewer infrastructure located within the permit area shall be the sole obligation and
expense of Dakota Aggregates.
O. All costs of processing the permit, including but not limited to planning fees,
engineering fees and legal fees, shall be paid by Dakota Aggregates prior to the
issuance of the permit. Dakota Aggregates shall reimburse the City for the cost of
periodic inspections by the City Administrator or any other City employee for the
purpose of insuring that conditions of the permit are being satisfied. Dakota
Aggregates agrees to reimburse the City for any other costs incurred as a result of
the granting or enforcing of the permit.
P. Dakota Aggregates shall deposit with the Planning Department a surety bond or cash
deposit in the amount of One Hundred Eighty Nine Thousand Nine Hundred Dollars
189,900) in favor of the City for the cost of restoration, regrading and/or
revegetating land disturbed by mining activities and to ensure performance of all
requirements of this resolution and City ordinances by Dakota Aggregates. The
required surety bonds must be:
1. With good and sufficient surety by a surety company authorized to do business
in the State of Minnesota.
2. Satisfactory to the City Attorney in form and substance.
2013 Annual Operating Permit
Dakota Aggregates,LLC
3 of 6
3. Conditioned that Dakota Aggregates will faithfully comply with all the terms,
conditions and requirements of the permit; all rules, regulations and
requirements pursuant to the permit and as required by the City and all
reasonable requirements of the City Administrator(or the Administrator's
designee) or any other City officials.
4. Conditioned that Dakota Aggregates will secure the City and its officers
harmless against any and all claims, for which the City, the Council or any City
officer may be made liable by reason of any accident or injury to persons or
property through the fault of Dakota Aggregates.
5. The surety bond or cash escrow shall remain in effect from November 21, 2012
until July 31, 2014.
Once the interim reclamation grades and the vegetation have been established and
approved by the City, the bond may be reduced by One Hundred Twenty Six
Thousand Six Hundred Dollars ($126,600=25.32 acres times $5,000 per acre).
Once the end use grading grades and the vegetation have been established and
approved by the City, the bond may be reduced by Sixty Three Thousand Three
Hundred Dollars ($63,300=25.32 acres times $2,500 per acre). Upon thirty(30)
days notice to the permit holder and surety company, the City may reduce or
increase the amount of the bond or cash deposit during the term of this permit in
order to insure that the City is adequately protected.
Q. A landscape security of$25,575 (93 trees times $250 per tree times 110°/a) shall be
provided. After the trees have been established, $23,020 90% of the landscapingp
security can be released. The final $2,555 (10%) shall be maintained through the
existence of the berm for Sub-Phase 1A to ensure that as trees die, that those trees
are replaced. The landscaping security shall be in the form of a letter of credit in
favor of the City or cash escrow.
R. Dakota Aggregates shall furnish a certificate of comprehensive general liability
insurance issued by insurers duly licensed within the State of Minnesota in an
amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for
injury or death of any one person in any one occurrence, and at least One Million
Five Hundred Thousand and no/100 ($1,500,000.00) Dollars for injury or death of
more than one person arising out of any one occurrence and damage liability in an
amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars
arising out of any one occurrence. The policy of insurance shall name the City as an
additional insured and shall remain in effect from November 21, 2012 until July 31,
2014.
S. Dakota Aggregates shall hold the City harmless from all claims or causes of action
that may result from the granting of the permit. Dakota Aggregates shall indemnify
the City for all costs, damages or expenses, including but not limited to attorney's
fees that the City may pay or incur in consequence of such claims.
2013 Annual Operating Permit
Dakota Aggregates,LLC
4of6
T. Dakota Aggregates shall submit to the City semi-annually a written report indicating
the amount of material extracted from the site for the prior six-month period. After
said written report is submitted, the City shall perform an inspection of the site to
confirm compliance with the conditions within the Annual Operating Permit.
U. Reclamation requires the replacement of the stockpile of topsoil to the mined area,
reseeding and mulching necessary to re-establish vegetative cover for permanent
slope stabilization and erosion control, provided also that the minimum depth of
topsoil shall not be less than six (6) inches after reclamation. No restored slopes may
exceed the gradients shown on Interim Reclamation Plan.
V. No mining activity will occur within fifteen(15)vertical feet of bedrock.
W. Dakota Aggregates shall compact the entire reclamation site to a minimum
compaction of 95% of maximum dry density.
X. If not utilized by the University of Minnesota for agricultural purposes, fully
reclaimed areas will be permanently seeded within 14 days of final completion. All
disturbed non-operating areas not utilized by the University of Minnesota for
agricultural purposes shall be seeded at a minimum of once per year, prior to
October 1 with MnDOT seed mix 130B. Operating areas including work faces,
material stockpiles, haul roads, staging areas, and active reclamation areas are not
required to be seeded.
Y. Dakota Aggregates shall submit quarterly to the City documentation of the Barr
Engineering, Inc. (or other City approved geotechnical testing firm) environmental
and geotechnical testing with documentation verifying the source and quantity of the
haul-back"material. These reports shall be provided within fourteen(14) days
after the end of the quarter.
Z. Dakota Aggregates shall submit an incidence report to the City within three days of
any testing that fails for contamination or hazardous materials, or will not produce a
normal moisture-density relationship for compaction.
AA.Truck operators within the pit area shall not engage in practices involving slamming
tailgates, vibrating boxes, using of"Jake"or engine brakes (except in emergency
situations) or other such activities that result in excessive noise.
BB. Dakota Aggregates shall incorporate best management practices for controlling dust,
erosion, noise and storm water runoff as specified by the Minnesota Pollution
Control Agency and the United States Environmental Protection Agency and
proposed in the submitted LSME application to the City.
2013 Annual Operating Permit
Dakota Aggregates,LLC
5 of 6
CC. Compliance with Dakota County Ordinances No. 110 and 111, as well as all other
applicable Federal, Minnesota, Dakota County, and Rosemount regulations. Soil
materials in the Property will be managed in accordance with the Minnesota
Pollution Control Agency's Best Management Practices (BMPS)for the Off-Site
Reuse of Unregulated Fill.
DD.Dakota Aggregates may not assign this permit without written approval of the City.
Dakota Aggregates will be responsible for all requirements of this permit and all
City ordinances on the licensed premises for the permit period unless Dakota
Aggregates gives sixty(60) days prior written notice to the City of termination and
surrenders permit to the City. Dakota Aggregates shall identify all Operators prior to
their commencement of mineral extraction-related activities in the pit area. The City
shall have the authority to cause all mineral extraction activities to cease at any time
there is an apparent breach of the terms of this Permit.
EE. Dakota Aggregates shall comply with such other requirements of the City Council as
it shall from time to time deem proper and necessary for the protection of the
citizens and general welfare of the community.
IN WITNESS WHEREOF, Dakota Aggregates, LLC, the Operator, hereby consents
and agrees to the foregoing conditions of said Annual Operating Permit this day
of 20_.
Dakota Aggregates,LLC
By:
Tim Becken, Its Chief Manager
STATE OF MINNESOTA )
ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 ,by Tim Becken, Chief Manager of Dakota Aggregates, LLC, the
Operator, on behalf of the Corporation.
Notary Public
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