HomeMy WebLinkAbout9.a. SKB Environmental, Inc. Comprehensive Plan Amendment, Rezoning and PUD Concept Plan ApplicationsEXECUTIVE SUMMARY
City Council Meeting Date: January 5, 2016
AGENDA ITEM: Cases15-44-RZ & 15-45-CPA SKB
Environmental, Inc. Comprehensive Plan
Amendment, Rezoning and PUD Concept
Plan Applications to facilitate the future
construction of an enhanced metals
recycling operation adjacent to the existing
landfill site.
AGENDA SECTION:
New Business
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO.
9.a.
ATTACHMENTS: Comprehensive Plan Amendment
Resolution, Rezoning Ordinance, PUD
Concept Plan Resolution, Draft Excerpt
Minutes of the 12/14/15 Planning
Commission, Site Map, Applicant’s
Narrative, Grading Concept Plan, Current
and Proposed Land Use Map, Current and
Proposed Zoning Map
APPROVED BY:
ddj
RECOMMENDED ACTION:
1.Motion to approve a Comprehensive Plan Amendment changing the land use
designation of the westerly 1,200 feet of the applicant’s parcels from LI – Light
Industrial and BP – Business Park to GI – General Industrial.
2.Motion to approve rezoning the westerly 1,200 square feet of the applicant’s
parcels from AG Agricultural to GI-PUD General Industrial PUD subject to
approval of the above conditions.
3.Motion to approve a PUD Concept Plan for the Phase 1 development area as
documented on the Concept Grading Plan subject to conditions.
SUMMARY
The City Council is being asked to consider a request from SKB Environmental, Inc. for
amendments to the City of Rosemount Comprehensive Plan and Zoning Map that would facilitate
the future establishment of expanded metals recycling operations on property immediately to the
east of the existing landfill site at 13425 Courthouse Boulevard (Highway 55). The proposed
amendments as requested by the applicant include the following:
•A Comprehensive Plan Amendment that would change the future land use designation of
the subject property from its current designation of LI – Light Industrial and BP – Business
Park to GI – General Industrial.
•A Zoning Map Amendment that would change the current AG – Agriculture zoning
designation of the property to GI – General Industrial.
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Please note that Staff does not support approval of the full extent the amendments that have been
requested by the applicant at this time, but is recommending approval of the request for the
western-most portion of the site. A partial land use change as recommended by staff would provide
future development of Phase 1 improvements after final approval of a PUD Master Development
Plan. In light of the Planning Commission and staff recommended concept approval, it is
recommended to rezone Phase I to GI-PUD.
A third aspect of the applicant’s request is an overall concept plan for the property that serves as the
basis for a future Planned Unit Development (PUD) request. Because the general concept plan is
being used to support the proposed Comprehensive Plan and Zoning Map amendments, staff is
recommending that the City Council approve the concept and provide any feedback about
expectations when the item comes back for final approval. Staff has itemized some of the issues that
must be addressed in more detail when the final Master Development Plan is reviewed by the
Commission and Council. For now, the approved concept plan will be the starting point for future
discussion and negotiations about the property development.
Staff and the Planning Commission are recommending approval of the proposed amendments as
revised by staff subject to Metropolitan Council approval of the Comprehensive Plan amendment
and with a requirement that no construction or mining activity may commence on the property until
a PUD Master Development Plan and PUD Final Site and Building Plan have been approved by the
City.
PLANNING COMMISSION REPORT – DECEMBER 14 MEETING
The Planning Commission reviewed the proposed Comprehensive Plan amendment, rezoning, and
PUD Concept Plan at its December 14, 2015 meeting and conducted a public hearing. Prior to
receiving public testimony, the Commission clarified the motions are for the westerly, rather than
easterly 1,200 feet as recommended by staff.
John Domke, division manager for SKB Environmental, spoke on behalf of the applicant and stated
that SKB has been in business since 1983 and has not had any violations on their site during the
operations existence. In response to a Commission question, Domke stated that non-ferrous metals
are non-metallic metals like gold, copper, and zinc. He noted that they are valuable and difficult to
extract, and that contaminates must be separated out to make usable product. Domke also noted
that most of the process will be done inside and that anything outside would be handled in a manner
to ensure there was no impact to the environment.
Brenda Sugii, 13701 Courthouse Boulevard, stated that she is the sole neighbor to the facility and is
concerned about how the proposal will affect her. She further questioned what the tax implications
would be for her property, how the expansion will affect the future sale of her home and if the
zoning would be changed for her property. She also indicated that she was originally told that the
landfill would only last 30 years and then be replaced with a park and that this timing has been
changed through subsequent approvals for expansion.
Staff noted that Ms. Sugii’s property is guided for light industrial use in the Comprehensive Plan and
has not been rezoned from Agriculture since there has not been a request to do so. It was also noted
that rezoning of the SKB property should not affect her property taxes unless the County felt that
her property value increased. It was noted that the City does not control determination of property
values. Staff indicated that the intention is to have the entire subject property to function as a
business park, which means that any materials processing would happen indoors like a business
park. Staff noted that prior to 2018 when the next comprehensive plan update is due, the City
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should have a conversation with Ms. Sugii to see what she would like to see happen with her
property.
The Commission reviewed the proposed conditions of approval with staff and discussed the
buffering and screening expectations that would be required under these conditions in addition to
the requirement for a roadway easement. Staff confirmed that a more detailed site plan will need to
be submitted and approved by the City as part of a master development PUD plan for the site. Staff
noted that future development of the site is subject to all applicable City standards for grading,
erosion control, storm water management, and other requirements.
The Planning Commission recommended approval of the Comprehensive Plan Amendment,
rezoning, and PUD Concept Plan subject to the conditions as drafted by Staff on a 5-0 vote for each
specific request. Commissioners Kenninger and Forester were absent.
BACKGROUND
Applicant: SKB Environmental, Inc., 251 Starkey Street, St. Paul, MN
Location: Five parcels located immediately east of the current landfill
site (13425 Courthouse Boulevard) south of Courthouse
Boulevard, north of Ehlers Path and 142nd Street East, and
approximately 1,000 feet west of the intersection of Highways
42 and 55
Area in Acres: 184.16 acres – total site area; 55 acres recommended for
rezoning and reguiding
Comp. Guide Plan Design: LI – Light Industrial and BP – Business Park
Current Zoning: AG - Agricultural
The applicant presently operates the SKB Rosemount Industrial Waste Facility at 13425 Courthouse
Boulevard immediately west of the of the subject property. The waste facility is permitted by the City
through an interim use permit, which was most recently amended in 2013. As part of the 2013
approval, the applicant was allowed to expand the operation, which included ability to operate and
maintain a recycling/transfer facility on the premises (this was carried forward from an earlier
approval). The City authorized construction of a new building for the recycling operations in
September of 2014 that was located southwest of the office/testing labs. The other operations on site
are all in conformance with the approved interim use permit, which was approved for a term of five
years.
Since the renewal of its IUP, SKB has expressed an interest in continuing to make investments in its
recycling operations, and is seeking approval to construct an additional set of buildings and related
improvements to support this aspect of its business. The size and scope of the proposed expansion
cannot be accommodated within the existing site given the location of the landfill and proposed
expansion on the property. The applicant has therefore approached the neighboring property owner
to the east, about acquiring additional land to support the expanded recycling operation and to
provide room for future additional industrial activity. The property that would be sold to SKB
includes five parcels between the landfill site and the Highway 42/55 intersection and between
Courthouse Boulevard (Highway 55) and Ehlers Path/142nd Street that totals 184.16 acres of land.
The acreage number includes a small triangular area south of 142nd Street that is guided for
commercial development but was otherwise not included in the applicant’s requested amendments.
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The concept plan submitted with the land use and zoning amendments proposes development of
nearly 160 acres of the land to be acquired (minus the commercially guided land noted above), and
depicts an overall rough grading plan for the site. Without additional details concerning the future
development of the property; however, staff has recommended that the applicant obtain only concept
approval of Phase I and reguidng and rezoning for Phase I. Staff is comfortable reguiding the Phase I
land to General Industrial and approving a concept PUD but a final master development plan
approval is required prior to any work commencing on the site. At this time, staff is not supportive of
rezoning or reguiding the entire site. Typically, the City would not rezone or reguide property without
processing a site plan concurrently. The proposed amendments, as recommended by staff, are
therefore limited to the area depicted as Phase 1 on the attached concept plan.
The general concept for Phase I include buildings and activities that will support an enhanced metals
recycling operation for the landfill, including buildings for the processing of materials, a maintenance
shop, aggregate driveway, and operations area. This new site will differ from the current recycling
operation because it will be able to separate even finer amounts of metal from the waste coming into
the facility. In practice, this means that materials will first be sorted at the existing facility on the
landfill site and then brought to the new site for further processing. The primary material that is being
handled by SKB to remove metals for recycling is mixed municipal solid waste ash that would
otherwise be deposited into one of the landfill cells on the premises. By sorting and reclaiming metal
material that would otherwise go into the ground, SKB is able to reduce the need for additional
landfill space.
SKB is also proposing to utilize the site under consideration for the extraction of aggregate material
for site development and preparation. From a practical standpoint, this means that the applicant will
be offering material from the site to haulers bringing materials to the site (i.e. to replace contaminated
soils excavated elsewhere), using these materials for cover in the adjacent landfill, and using the
aggregate resource as a base for future building areas on the property. This has the effect of
functioning like a mining site. Staff would not support mining alone on the property but may support
grading and mining to facilitate development on site. The next review will have to provide
substantially more detail about site grading before any “mining” activity could occur. Additional details
concerning the extraction activity will need to be submitted as part of future PUD plan submissions.
Prior to moving forward with development of the Phase I property, the applicant will need to submit
much more detailed plans for review by the City. Staff is recommending that all future development
of this property be allowed through a PUD process, which means the applicant will need to submit a
PUD Master Development and PUD Final Site and Building Plans before starting any development
work in Phase 1. These plans will need to provide details concerning grading, storm water
management, tree preservation and replacement, access, and other issues that need further review.
Although a concept has been submitted for the entire property to be acquired by the applicant, the
grading and storm water plans will need to be revised to address City regulations. Without a more
detailed site plan, the City’s review and comments will be somewhat limited at this time. Approval of
a PUD concept plan does not allow any development activity to occur on the site prior to the City’s
review of a master development and final development plans; however, Staff has provided an initial
set of review comments that should be addressed by the applicant with any subsequent plan
submittals. The conditions recommended with the concept plan have been drafted to give the
applicant further direction on this matter as part of its Comprehensive Plan and Zoning discussion
and to clarify the City’s intent to only allow development of the parcel through a PUD process.
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ISSUE ANALYSIS
Legal Authority
This application includes a comprehensive plan amendment, rezoning and PUD concept plan for
Phase I. Amendments to the Comprehensive Plan are considered legislative actions, meaning that the
City is formulating public policy. The City may amend the Comprehensive Plan after a public hearing
before the Planning Commission and a two-thirds majority vote by the City Council. These
applications also require approval by the Metropolitan Council, and may require notification to the
surrounding communities prior to Metropolitan Council review. Rezoning and Planned Development
applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to
determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision
Ordinance are being followed. Generally, if these applications meet the City’s established
requirements they must be approved
Staff review of each of the application components is provided below.
Comprehensive Plan Amendment
The City adopted the 2030 Comprehensive Plan in November 2009. This document includes the
Land Use Map which details the future land use designations for each property in the community.
Staff finds the proposal to re-guide the subject property (Phase I of a larger overall plan for the
property) from LI Light Industrial and BP Business Park to GI General Industrial consistent with the
overall goals and policies of the 2030 Comprehensive plan. A map illustrating the proposed land use
change is attached for your reference. Specifically, staff finds the proposal consistent with the
Comprehensive Plan's over-arching goal to: “Maintain a manageable and reasonable growth rate that
does not adversely impact the delivery of services but allows the community to grow and become
more diverse from now until 2030”. Staff also finds that the addition of more land to be guided for
GI General Industrial is generally consistent with the location criteria from the plan which reads as
follows:
Location Criteria: The size of each General Industrial district is intended to be greater than 400
acres in size. Access to the district should occur along arterial or major collector roads. To
provide the greatest buffer to the residents traveling the arterial or major collector roadways
from the nuisance generated by the industries, the least intense and highest quality buildings
and structures should be located adjacent to the roadways.
Although the applicant’s site is less than the 400 acres noted above, it is adjacent to the City’s only
WM Waste Management district, which in turn directly abuts the larger GI General Industrial
northwest of the applicant’s site. The Phase I parcel in particular will provide a transition area
between the more intensive landfill site and property that is guided for light industrial or business park
activity. While the first phase will be considered for General Industrial, staff may want to have a less
intense use as future phases move eastward. The City has a large amount of industrially zoned and
guided property and care should be taken to ensure a mix of uses within the community. Additionally,
there is a strong interest in providing a reasonable transition from a more intense industrial use to light
industrial, business park, and commercial.
Staff further finds the proposed GI General Industrial classification consistent with the surrounding
existing and future land uses, especially since it will act as a buffer for less intensive uses southeast of
the landfill property. The existing and future land use designations of the surrounding parcels are
detailed in the table below.
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Surrounding Existing & Future Land Use Designations
Direction Existing Land Use Future Land Use Status
North Agricultural
AG Agriculture (2030 Plan)
Corporate Campus (42-52 Plan) Conforming
South Agricultural
LI Light Industrial
BP Business Park Conforming
East Agricultural BP Business Park
CC Community Commercial Conforming
West Waste Management WM Waste Management Conforming
According to the Comprehensive Plan, intent of the General Industrial designation is to provide an
opportunity for employment with wages that can support an entire family while the businesses typically have a lower tax
base per acre than other commercial and industrial uses. General industrial businesses normally generate noises,
smells, vibrations, and truck traffic that can be disturbing to non-industrial land uses. General industrial land should
not be located next to residential developments. Topography, landscaping, less intense land uses, or other forms of
buffering shall be used to transition between general industrial property and residential, recreational, or institutional
land uses. The applicant’s site meets these requirements, and is situated in a location that will not be
adjacent to any planned residential development areas within the community. The proposed use will
be reviewed for compliance with the City’s general industrial zoning standards, and the applicant will
not be able expand the landfill operations on to the subject property.
Prior to adoption of any amendments to the Comprehensive Plan, proposed amendment must first
be reviewed and approved by the Metropolitan Council. Depending on the size, scope, and location
of the amendment, it may also be subject to review by adjacent jurisdictions (which requires a 60-day
comment period). Should the amendment be approved by the City, Staff is recommending a
condition of approval that requires formal Met Council review and approval.
Rezoning
There are four key criteria for the City to weigh when considering a rezoning request. These criteria
and staff’s findings for each are outlined below. In this case, the applicant proposes to rezone the
subject property from AG Agricultural to GI-PUD General Industrial PUD to allow the
establishment of a recycling operation on property immediately adjacent to the SKB landfill site. A
map illustrating the proposed zoning change is attached for your reference. Based on a review of
these criteria, staff recommends approval of the rezoning proposal.
Consistency with Comprehensive Plan. The proposed rezoning from AG Agricultural to GI-
PUD General Industrial-PUD is consistent with the Comprehensive Plan. This is based on the City
also approving the applicant’s comprehensive plan amendment request detailed above. According
to the Comprehensive Plan, GI General Industrial is an appropriate zoning classification for
properties guided GI General Industrial. This land use designation is intended to provide for
manufacturing, assembly, laboratories, contractor offices, trucking and freight terminals,
warehousing, and wholesaling, and the recycling operations are a conditional use in the General
Industrial District. Staff is supporting General Industrial because of the uses proposed by the
applicant. Similar to the discussion in the Comp Plan section, staff does not want to provide more
intensive industrial uses, but is looking for uses that will allow a reasonable transition to the
commercial land use to the east. Staff has discussed long term plans with the applicant and has
indicated that this site should be treated like a small industrial park, with complementary uses and
infrastructure development that will service all sites; staff does not want a piecemeal approach to the
site.
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Compatibility with Present and Future Land Uses. The proposed rezoning is compatible with
present and future land uses. The surrounding present and future land uses are detailed in the table
above. Although the subject property is presently surrounded by agricultural property on three
sides, the future land use plan guides these parcels for future commercial, business park, and
corporate campus uses. This property is also located in an area that will be transitioning from the
waste management and heavy industrial activates to the north and the less intensive (but still non-
residential) activity to the east and southeast. The City will have an opportunity to further review
any impacts from proposed development on the applicant’s site through the PUD process as well.
Conformance with Zoning Standards. Generally, the concept plan appears to conform to the
zoning requirements for the GI General Industrial zoning district. More detailed site plans will be
required as part of the PUD review process, and when these plans are submitted, they will be
reviewed for conformance with all applicable regulations. The uses proposed would only be allowed
under GI General Industrial zoning; therefore, if the zoning amendment is not approved by the City
Council the applicant’s project cannot move forward under the present land use guidance.
Availability of Utilities. The applicant’s adjacent landfill site is connected to both City sewer and
water facilities. The concept plans do not provide details concerning any extension of these services
to the subject property. The extension of public services is something that will need to be reviewed
as part of future PUD plan submittals.
PUD Concept Plan
The applicant intends to apply for a Planned Unit Development (PUD) prior to moving forward
with development on the site, and has submitted a general concept plan for development of the site
consistent with the City’s PUD ordinance which states the following:
In order to receive guidance in the design of a PUD prior to submission of a formal
application, an applicant may submit a concept plan for review and comment by the
planning commission and city council. The comments of the planning commission and city
council shall address the consistency of the concept plan with this chapter. The comments
of the planning commission and city council shall be for guidance only and shall not be
considered binding upon the city regarding approval of the formal PUD application when
submitted. Submission of a concept plan is optional but is highly recommended for large
PUDs.
The submission of a concept plan with the Comprehensive Plan and Zoning amendments is helpful
at this time because it provides both staff and the Planning Commission with an opportunity to
begin looking at some of the broader development issues that should be addressed on the site. The
applicant will need to submit much more detailed plans prior to the City’s consideration of a PUD
Master Development Plan for the property. Staff is encouraging the applicant to revise the overall
grading for the property to take into account future development opportunities and plan for a site
design that is conducive for light industrial or business park development. As part of its review,
staff is recommending conditions of approval as documented earlier in this report.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the comprehensive plan amendment and
rezoning (as revised by Staff) and a general PUD concept plan to allow the establishment of an
expanded recycling operation on approximately 55 acres of property immediately east of the SKB
Rosemount Industrial Waste Facility subject to the conditions outlined in this report. Should the City
approve the requests, SKB intends to purchase the subject property and proceed with plans for an
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enhanced recycling facility on the site.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016 -
A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT
CHANGING THE FUTURE LAND USE DESIGNATION OF PROPERTY DIRECTLY
EAST OF THE SKB LANDFILL SITE AT 13424 COURTHOUSE BLVD FROM LI –
LIGHT INDUSTRIAL AND BP – BUSINESS PARK TO GI – GENERAL INDUSTRIAL
WHEREAS, the Community Development Department of the City of Rosemount received an
application from SKB Environmental, Inc. requesting a comprehensive plan amendment to change the
future land use designation of the property located directly east of the SKB Landfill site at 13424
Courthouse Boulevard (herein after “the subject property”) and legally described as follows:
THE WESTERLY 1,200 FEET OF THE FOLLOWING: SECTION 20 TWN 115 RANGE 18,
THAT PT OF W 133.33 ACS OF SE 1/4 LYING S OF ST HGWY #55 EX BEG 330 FT S OF INT
S'LY R/W STH #55 & W LINE N TO C/L HWY SE ON C/L 1188 FT S & PARR TO W LINE TO
PT 330 S OF S'LY R/W NW TO BEG; and
THE WESTERLY 1,200 FEET OF THE FOLLOWING: SECTION 20 TWN 115 RANGE 18, W
1/2 OF NE 1/4 SUBJ TO HWY ESMNT PARCEL 12 ON CTY R/W MAP 21C EX PT LYING
S'LY OF CR #38 AKA EHLERS PATH
WHEREAS, on December 14, 2015, the Planning Commission of the City of Rosemount held a
public hearing and reviewed the Comprehensive Plan amendment changing the future land use
designation for the subject property from LI – Light Industrial and BP – Business Park to GI –
General Industrial; and
WHEREAS, on December 14, 2015, the Planning Commission recommended that the City Council
adopt an amendment to the Comprehensive Plan changing the land use designation for the subject
property from LI – Light Industrial and BP – Business Park to GI – General Industrial; and
WHEREAS, on January 5, 2016, the City Council of the City of Rosemount reviewed and agreed with
the Planning Commission’s recommendations; and.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves an amendment to the Comprehensive Plan changing the land use designation for the subject
property from LI – Light Industrial and BP – Business Park to GI – General Industrial, subject to the
approval of the Comprehensive Plan Amendment by the Metropolitan Council
ADOPTED this 5th day of January, 2016 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Handler, City Clerk
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
SKB Environmental
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDINANCE AS
FOLLOWS:
Section 1. Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning
Ordinance,” is hereby amended to rezone the property located directly east of the SKB Landfill site
at 13424 Courthouse Boulevard from AG – Agricultural to GI-PUD – General Industrial PUD
within the City of Rosemount legally described as follows:
THE WESTERLY 1,200 FEET OF THE FOLLOWING: SECTION 20 TWN 115 RANGE 18,
THAT PT OF W 133.33 ACS OF SE 1/4 LYING S OF ST HGWY #55 EX BEG 330 FT S OF
INT S'LY R/W STH #55 & W LINE N TO C/L HWY SE ON C/L 1188 FT S & PARR TO W
LINE TO PT 330 S OF S'LY R/W NW TO BEG; and
THE WESTERLY 1,200 FEET OF THE FOLLOWING: SECTION 20 TWN 115 RANGE 18,
W 1/2 OF NE 1/4 SUBJ TO HWY ESMNT PARCEL 12 ON CTY R/W MAP 21C EX PT
LYING S'LY OF CR #38 AKA EHLERS PATH
Section 2. The Zoning Map of the City of Rosemount, referred to and described in said
Ordinance No. B as that certain map entitled “Zoning Map of the City of Rosemount,” shall not be
republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning
map on file in the Clerk’s office for the purpose of indicating the rezoning hereinabove provided for
in this Ordinance and all of the notation references and other information shown thereon are hereby
incorporated by reference and made part of this Ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and publication
according to law.
ENACTED AND ORDAINED into an Ordinance this 5th day of January, 2016.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT PLAN FOR SKB ENVRIONMENTAL
WHEREAS, the Community Development Department of the City of Rosemount has received an
application for a Planned Unit Development (PUD) Concept Plan for SKB Environmental, Inc. to
be located on land directly east of the SKB Landfill site at 13424 Courthouse Boulevard; and
WHEREAS, on December 14, 2015, the Planning Commission of the City of Rosemount
conducted a public hearing for review of the PUD Concept Plan; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the PUD Concept Plan subject to conditions; and
WHEREAS, on January 5, 2016, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the PUD Concept Plan for SKB Environmental, subject to the following conditions:
1. Prior to submission of a PUD Master Development Plan for the site, the applicant will need
to submit detailed plans as required for a Planned Unit Development, including: grading,
drainage and erosion control, storm water management, landscape, tree preservation and
replacement, site development, and other plans specified in the Zoning Ordinance or
requested by the City.
2. The PUD development plans must include a plan for access and final approval by MnDot
should access be from Highway 55.
3. The final grades for the site are subject to review and approval by the City and must take
into account future development on all portions of the site that will be excavated.
4. The applicant must dedicate or provide an easement for public road and utility purposes
from the existing centerline of 140th Street consistent with the Interim Use Permit for the
SKB Industrial Containment Facility.
5. The applicant should maintain as much of the vegetation along 140th Street as possible to
provide screening and separate from adjacent property south of the subject property. Future
site plans will be reviewed for compliance with the City’s buffering and screening and tree
preservation requirements.
6. The future development plans must account for an existing single-family home located
adjacent to the Phase 1 development area. Screening between this site and the proposed
development should either be maintained or added in order to provide buffering between
these uses.
RESOLUTION 2016 -
2
7. It is anticipated that future development on the site, with the exception of the area adjacent
to the future intersection will be consistent with General Industrial or Light Industrial
zoning standards and will meet the ordinance requirements for those districts. There is no
intention to expand the Waste Management Land Use.
8. No construction or mining activity may commence on the property until a PUD Master
Development Site Plan and PUD Final Site and Building Plan have been approved by the
City
ADOPTED this 5th day of January, 2016 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
Motion by:__________________________Second by:_________________________________
Voted in favor:_________________________________________________________________
Voted against:__________________________________________________________________
Member absent:_________________________________________________________________
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
DECEMBER 14, 2015
5.a. Request by SKB Environmental, Inc. Comprehensive Plan Amendment, Rezoning and PUD Concept Plan
Applications to facilitate the future construction of an enhanced metals recycling operation adjacent to the
existing landfill site. (15-44-RZ & 15-45-CPA)
Senior Planner Klatt summarized the staff report for the Planning Commission.
Commissioner Freeman confirmed that first and second motions should be westerly 1200 ft. not easterly.
The public hearing was opened at 6:47 pm.
Public comments:
John Domke 3222 Downey Trail, Apple Valley division manager for SKB, was on hand to answer questions. He noted
that SKB has been in business since 1983, and haven’t had any violations since their existence.
Chair Miller inquired about what non-ferrous metals are. Domke stated that non-ferrous metals are non-metallic metals
like; gold, copper, and zinc. They are valuable and difficult to extract, and they need to pull the contaminates out to
make usable product. Miller also inquired about the process. Domke state d that most of the process will be done inside
anything outside would be addressed to ensure there was no impact to the environment
Commissioner Henrie asked what outreach has been done for neighbors. Domke stated that the neighbor told her last time
not to contact her, so no contact has been made.
Brenda Sugii, 13701 Courthouse Boulevard, stated that she is the sole neighbor to the facility and is concerned about how
the facility will affect her, what are the tax implications, how the expansion will affect the future sale of her home and if the
zoning would be changed for her property. She also was originally told that dump would only last 30 years and then
replaced with a park; and that has been changed through subsequent approvals for expansion.
Community Development Director Lindquist said her property is designated as light industrial and hasn’t been rezoned
as there has not been a request to do so. Rezoning of the SKB property should not affect her property taxes unless the
County felt the value increased. Property valuation is not in the control of the City to determine. She stated that staff
intends this area would function as a business park; most of the processing would happen indoors like a business park.
In 2018 the next comprehensive plan is due; the City should have a conversation with neighbor to see what she would
like to see happen with her property.
MOTION by Henrie to close the public hearing.
Second by Kurle.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing was closed at 6:7 pm.
Additional Comments:
Chair Miller asked about the city’s expectations for items E & F of the 3rd motion. Klatt stated there needs to be
screening between industrial and residential to help provide a buffer to north and south, additional screening and to
maintain or replace trees. He also stated that a stormwater pond is needed and thinks that with careful site planning
these types of more natural features could be placed to buffer the single family home from the future industrial use.
Commissioner Henrie inquired about condition D regarding dedication of an easement and the necessity of it. Klatt
stated that the roadway easement is needed to maintain the road, utility easements, and long term development. In a
previous approval for the landfill, SKB can use the easement for stormwater ponding, but the applicant would be
responsible to relocate the ponding if necessary. Lindquist stated dedication of the easement is desired to avoid legal
action if upgrades to the road are needed. SKB has been very receptive to the idea and would also benefit from road
improvements.
Chair Miller confirmed that this would come before the Commission again with a more detailed site plan and there
would also be a public hearing. He also wants to be sure that storm water management controls are investigated;
Lindquist stated that standards are in place and the future development would be subject to those standards.
Motion by Henrie to recommend the City Council approve a Comprehensive Plan Amendment changing the land use
designation of the westerly 1,200 feet of the applicant’s parcels from LI – Light Industrial and BP – Business Park to GI
– General Industrial subject to the following:
a. Approval of the Comprehensive Plan Amendment by the Metropolitan Council.
b. No construction or mining activity may commence on the property until a PUD Master Development Site
Plan and PUD Final Site and Building Plan have been approved by the City
Second by Kurle.
Ayes: 5. Nays: 0.
Motion by VanderWiel to recommend the City Council approve rezoning the westernly 1,200 square feet of the
applicant’s parcels from AG Agricultural to GI-PUD General Industrial PUD subject to approval of the above
conditions.
Second by Freeman.
Ayes: 5. Nays: 0. Motion passes.
Motion by Henrie to recommend the City Council approve a PUD Concept Plan for the Phase 1 development area as
documented on the Concept Grading Plan subject to the following conditions:
a. Prior to submission of a PUD Master Development Plan for the site, the applicant will need to submit
detailed plans as required for a Planned Unit Development, including: grading, drainage and erosion
control, storm water management, landscape, tree preservation and replacement, site development, and
other plans specified in the Zoning Ordinance or requested by the City.
b. The PUD development plans must include a plan for access and final approval by MnDot should access
be from Highway 55.
c. The final grades for the site are subject to review and approval by the City and must take into account
future development on all portions of the site that will be excavated.
d. The applicant must dedicate or provide an easement for public road and utility purposes from the existing
centerline of 140th Street consistent with the Interim Use Permit for the SKB Industrial Containment
Facility.
e. The applicant should maintain as much of the vegetation along 140th Street as possible to provide
screening and separate from adjacent property south of the subject property. Future site plans will be
reviewed for compliance with the City’s buffering and screening and tree preservation requirements.
f. The future development plans must account for an existing single-family home located adjacent to the
Phase 1 development area. Screening between this site and the proposed development should either be
maintained or added in order to provide buffering between these uses.
g. It is anticipated that future development on the site, with the exception of the area adjacent to the fu ture
intersection will be consistent with General Industrial or Light Industrial zoning standards and will meet
the ordinance requirements for those districts. There is no intention to expand the Waste Management
Land Use.
Second by Kurle.
Ayes: 5. Nays: 0. Motion passes.
Recommendation will go to council, if approved the met council will have 60 days to respond, then applicant can submit
a PUD master plan. Timing is unsure at this time and neighbor will be notified of any changes.
SKB Rosemount Requested Rezoning and Comprehensive Guide Plan Amendment
SKB Environmental, Inc. (SKB) is requesting a Rezoning and Comprehensive Guide Plan amendment for 4
parcels adjacent to the east of the SKB Rosemount Industrial Waste Facility. These land use
modifications are necessary for SKB to execute a purchase of the parcels.
SKB intends to use these parcels to enhance the existing metal recycling operations at the SKB
Rosemount facility. Conceptually, SKB is proposing to use the parcels to house facilities that will extract
and store valuable materials and resources from various waste streams. All residual waste material will
be disposed of at the existing SKB Rosemount facility, which is not a part of this rezoning request. The
parcels would also house a maintenance shop and office building.
A conceptual map has been provided in our application.
Part of this project will entail the extraction aggregate resources for site development and preparation.
SKB will obtain all necessary State and Local approvals (including permits and licenses) prior to
construction and operation of the recycling facilities.
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Proposed Change:LI & BP: Light Industrial & Business Park to GI: General Industrial
Figure 1: Existing Future Land Use
142ND ST E
COURTHOUSE BLVD S (STH 55)
DOYLE PATH
145TH ST E (CSAH 42)
PINE BEND TRL
EHLERS PATH
Proposed Change:LI & BP: Light Industrial & Business Park to GI: General Industrial
Figure 2: Proposed Future Land Use
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SKB Comprehensive Plan Amendment - File # 15-45 CPA
AG AgricultureDT DowntownNC Neighborhood CommercialRC Regional Commercial
CC Community CommercialAGR Agricultural ResearchRR Rural ResidentialLDR Low Density Residential
TR Transitional ResidentialMDR Medium Density ResidentialHDR High Density ResidentialPI Public/Institutional
PO Existing Parks/Open SpaceBP Business ParkLI Light IndustrialGI General IndustrialWM Waste Management
150TH ST (CSAH 42)150TH ST (CSAH 42)
142ND ST E
COURTHOUSE BLVD S (STH 55)
DOYLE PATH
145TH ST E (CSAH 42)
PINE BEND TRL
EHLERS PATH
142ND ST E
COURTHOUSE BLVD S (STH 55)
DOYLE PATH
145TH ST E (CSAH 42)
PINE BEND TRL
EHLERS PATH
Proposed Change:AG: Agricultural to GI: General Industrial
Figure 1: Existing Zoning
142ND ST E
COURTHOUSE BLVD S (STH 55)
DOYLE PATH
145TH ST E (CSAH 42)
PINE BEND TRL
EHLERS PATH
Proposed Change:AG: Agricultural to GI: General Industrial
Figure 2: Proposed Zoning
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SKB Zoning Amendment - File # 15-44-RZ
150TH ST (CSAH 42)150TH ST (CSAH 42)
Zoning
Residential:
RR - Rural Residential
R1 - Low Density Residential
R1A - Low Density Residential
R2 - Moderate Density Residential
R3 - Medium Density Residential
R4 - High Density Residential
Commercial:
C1 - Convenience Commercial
DT - Downtown District
C3 - Highway Service Commercial
C4 - General Commercial
Industrial:
BP - Business Park
IP - Industrial Park
GI - General Industrial
HI - Heavy Industrial
Other:
AGP - Agricultural Preserve
AG - Agricultural
PI - Public/Institutional
FP - Flood Plain
WM - Waste Management
W - Water
ROW - Right-of-Way