HomeMy WebLinkAbout6.e Zoning Text Amendment fo Asphalt Plants as an Interim Use Permit in the General Industrial District, 04-77-IUPCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
Citv Cnunril Meeting Data Janunry 18. 2005.
AGENDA ITEM: Planning Case 04 -77 -IUP Zoning Text
AGENDA SECTION:
Amendment for Asphalt Plants as an Interim
Consent
Use Permit in the General Industrial District
PREPARED BY: Rick Pearson, City Planner.
AGENDA NO
ATTACHMENTS: Draft Zoning Ordinance, Draft PC Minutes of
12/28/04, CC Work Session Minutes of
APPROVED BY
09/15/04, CC Minutes of 08/17/04, PC Minutes
of 07/27/04
RECOMMENDED ACTION:
Motion to adopt an ordinance amending Section 6.16, General Industrial
District creating
an Interim Use Permit requirement for asphalt plants with standards.
ACTION:
ISSUE
This item is staff initiated based upon a request by a local business and discussion by the
City Council regarding the appropriate mechanism for locating asphalt plants in the City.
Discussions resulting from the IUP application elsewhere on the agenda have prompted the
preparation of the attached draft ordinance language. The text amendment regulates Asphalt
plants permitted in the General Industrial District by granting of an Interim Use Permit (IUP).
PLANNING COMMISSION PUBLIC HEARING
On December 28, 2004, the Planning Commission conducted a public hearing as required for
zoning text amendments. No one from the audience identified concerns about the proposed
amendment. Joe Jacoby of Pine Bend Paving was present to answer questions on behalf of
the asphalt industry. The Commissioners had a number of questions including: 1) the
location of the General Industrial District and its relationship to the Metropolitan Urban
Service Area boundary; 2) a typographical error in the proposed text, 3) regulating heights of
the stockpiles; and 4) clarification of the lifespan of the Interim Use Permit. In response, staff
displayed the 2020 Comprehensive Plan for the land use question and noted the error. Staff
then indicated that the maximum stockpile height would be fifty feet. Joe Jacoby commented
that this was acceptable to Pine Bend Paving. Lastly, the expiration of the Interim Use Permit
is specified within the permit itself. The Commissioners then unanimously recommended
approval of the text amendment.
BACKGROUND
Asphalt plants are currently a permitted use in the General Industrial District. Pine Bend
Paving operates the only asphalt plant in Rosemount, and is examining options for relocating.
It is currently located west of U.S. 52 on the southern edge of the Flint Hills Resources (FHR)
refinery, near the base of one of the "Flame towers The site is the former Solberg Aggregate
site, now owned by FHR. Mining in the Solberg area is winding down, and the pit area is in
the process of being restored. Pine Bend's strategy is to continue to operate in the current
location for another year under its own permit, then another site would be secured for a more
long -term plant location.
The current ordinance makes it difficult for asphalt plants to settle in the community even
though permitted in the GI District. The District performance standard requiring a building for
permitted uses has the effect of precluding an asphalt plant in the community. This item was
briefly discussed by the Planning Commission several months ago. Due to concerns raised
by the Planning Commissioners about the potential longevity of asphalt plants and
discussions with the City Attorney staff is recommending the Interim Use Permit process.
SUMMARY
Asphalt Plants are somewhat unique in that they don't require buildings and can be mobile.
A recent amendment to the General Industrial District created a minimum building
requirement of ten percent of a site. This requirement effectively preempts establishment of
an asphalt plant. The standard was created to encourage permanent investment in industrial
land.
There is support in allowing asphalt plants within the community because there are local and
regional benefits. There may be some economic benefit to the City because of a locally
available source of asphalt for street and highway improvements. There is also the efficiency
of locating asphalt plants with aggregate mining, to reduce the trip generation of the truck
traffic. The IUP process creates an opportunity to permit asphalt plants with a defined life
span and as a result, waive some of the performance standards applied to permanent
industrial uses.
The down -side of asphalt plants can be that once they are established, they can be difficult to
remove, primarily due to the regulatory environment in the Metro area. The reason a city
may want them relocated is that they are a reasonable use in a more secluded location, but
when development starts moving toward the asphalt plant location, there are usually
nuisance related issues. In other words, it is commonly held that urbanized development and
an asphalt plant are incompatible land uses. The IUP process can specify the removal date
as well as conditions of operation, similar to conditional uses and mineral extraction permits.
In general, an IUP can be revoked when:
1. The date specified in the permit occurs.
2. An event occurs as specified in the permit causing it to be revoked. Or the use does
not operate in compliance with conditions of the IUP, causing revocation.
3. Rezoning of the property where the IUP is located causing the use to be non-
conforming.
Common complaints are odors and the potential for excessive truck traffic. Conditions of
operation similar to mineral extraction permits are included to address these issues and
others that may be identified through the process. The attached draft ordinance has
2
performance standards dealing with separation of the use from right -of -way and residential or
public uses. This is both to address aesthetics and potential nuisance complaints. To
address a previously stated concern by the Planning Commission, stockpiled materials will be
limited to 50' in height and the ordinance also requires screening of the stockpiled materials
as well as equipment on site. Another primary concern is truck traffic generation. The
ordinance requires designating particular haul routes and ensures that the developer will pay
for any road improvements necessary to operate the asphalt plant. Conditions also address
smoke and particular matter, and odors.
RECOMMENDATION
Staff is recommending approval of a text amendment to the General Industrial District to
permit asphalt plants by Interim Use Permit.
3
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING SECTION 6.16 OF THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
Interim Use Permit for Asphalt Plants in the IG District
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance
B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby
amended as follows:
Section 1 Rosemount Zoning Ordinance B, Section 6.16D is hereby amended by
adding the following:
4. Asphalt Plants and related processing of stockpiled materials subject to the
following:
a. The asphalt plant and all equipment and materials associated with it shall be
located a minimum of 600 feet from anv non General Industrial District land, and
2,600 feet from anv Residential or Public district.
b. The plant and all equipment and materials associated with it shall be setback a
minimum of 75 feet from any property boundary line and screened by natural
features including changes in elevation and vegetation. Year -round 100%
opaque screeninq with earthen berms and landscaping shall be required from
ground level to the first 30 percent of the overall height and 50% opaque to 50
percent of the overall height of the plant as viewed from eve level from
surrounding right -of -way or roadways.
c. Asphalt plants are exempt from the minimum building size requirements
specified in Section 6.16.E.9.b.
d. Traffic generated by the asphalt plant shall utilize haul routes approved by the
City and other agencies as required. The asphalt plant owner shall be
responsible for road improvements and easements needed for ingress and
egress subject to approval by the City, as well as the County Highway
Department or the Minnesota Department of Transportation as required.
e. Traffic generated by the asphalt plants shall enter onto streets consistent with
City access and design standards. The owner of the asphalt plant shall be
responsible for all costs associated with road improvements required to serve
the use.
f. Stockpiles associated with the asphalt plant shall be limited to a height of fifty
50 feet.
Ordinance B-
g No smoke or particulate matter shall be discharged that is darker than No. 1
classification of the Ringlemann Smoke Chart furnished by the U.S. Bureau of
Mines, or 20 opacity as determined by the MPCA. Further, emissions shall
conform to standards set by E.P.A. and M.P.C.A.
h. The asphalt plant shall operate so as not to discharge onto the soils of the lot,
across the boundaries of the lot or through percolation into the subsoil of the lot
or beyond the boundary of the lot where such use is located toxic or noxious
matter in such concentrations as to be detrimental to or endanger the public
health, safety, comfort or welfare; or, cause injury or damage to property or
business.
i. The asphalt plant shall operate in a way so as to prevent the emission of
odorous matter of such quality as to be readily detectable beyond the lot line of
the site on which such use is located.
L The asphalt plant shall comply with the applicable operating, special
requirements and bonding for restoration standards for Mineral Extraction
specified in Section 12.4 of this ordinance.
Section 2 EFFECTIVE DATE This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
ENACTED AND ORDAINED into an Ordinance this 18th day of January, 2005.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this day of 2005.
Excerpt from the Regular Planning Commission Meeting of December 28, 2004.
Public Hearing:
5B. Case 04 -77 -TA Zoning Text Amendment for Asphalt Plants as an Interim Use
Permit in the General Industrial District.
City Planner Pearson reviewed the Staff Report. Staff initiated this item based upon a
request by a local business and discussion by the City Council regarding the appropriate
mechanism for locating asphalt plants in the City. Discussions resulting from the IUP
application elsewhere on the agenda have prompted the preparation of the attached draft
ordinance language. The text amendment regulates Asphalt plants permitted in the
General Industrial District by granting of an Interim Use Permit (IUP).
Chairperson Messner asked the Commission if they had any questions for Mr. Pearson.
Commissioner Powell questioned if the areas where the plants would be generally located
are outside the existing MUSA line and areas that would not require utility service in the
near future. Mr. Powell was concerned with filling the MUSA area with asphalt plants.
Mr. Pearson responded that the area north of Count Road 42 on either side of Highway
52 and a small area south of 55 and east of 52 are all zoned General Industrial and in the
MUSA. That is a fairly large area and an area where it is feasible that an asphalt plant
could be located off of Highway 55 but eventually the area may be zoned differently by
the railroad tracks.
Mr. Powell then asked for clarification of Item H. Mr. Pearson noted the typographical
error in line three of Item H.
Mr. Messner asked if there was a problem with traffic or the height of stock pile what
kind of remedy is there unifier an IUP. Mr. Pearson stated the IUP could be revoked if not
operating to the standards. Mr. Messner asked the timeline of the IUP. Mr. Pearson
stated each IUP defines its own end date.
Chairperson Messner opened the public hearing.
MOTION by Powell to close the Public Hearing. Second by Schultz. .Ayes:
Schultz, Zum, Messner. Humphrey. and Powell. Nays: None. Motion carried.
Chairperson Messner asked for any follow -up discussion or questions.
MOTION by Powell to recommend that the City Council adopt an amendment to
the General Industrial District creating an Interim Use Permit requirement for
asphalt plants with standards.
Second by Humphrey. Ayes: Schultz. Zurn, Messner, Humphrey, and Powell.
Nays: None. Motion carried.
Mr. Pearson indicated the item will go before the City Council on January 18. 2005.
Excerpt from the Regular City Council Meeting of August 17, 2004
Danner Zoning Ordinance Text Amendment
Community Development Director Lindquist, presented an amendment to the zoning
ordinance that would permit an asphalt plant on the property of Marlon Danner. City
Attorney LeFevere noted that a conditional use permit (CUP) could be used in
conjunction with the mining permit. The Planning Commission noted that it would be
hard to track with the mining permit. An interim use permit could restrict the time period
and not allow any extensions. LeFevere said this is a difficult decision since the future of
the mining business is unknown. LeFevere suggested linking the asphalt plant as an
accessory use to the mining. Staff does not support the interim use process for an asphalt
plant because it has a ten to fifteen year window. There are zoning districts now that do
allow an asphalt plant.
Mr. Joe Jacoby, from Pine Bend Paving, explained that they had been leasing the land
from Flint Hills for the past 31 years and Flint Hills recently asked them to move their
operations. Jacoby noted that their truck traffic would be three trucks per hour for about
60,000 tons of fill per day. The asphalt plant consists of a small control house within the
mitring operation. They employ thirty people with an average hourly wage of S24.
Community Development Director Lindquist noted that the land would have to be zoned
industrial in order to locate an asphalt plant on it and industrial also has a minimum
building size of 10% of the land size. Lindquist thought this zoning amendment is
premature due to the Highway 52/42 Corridor Study and its affects on land use. Council
Member DeBettignies reminded Council about the possibility of siting the air cargo
facility in that area and its affects on land use. City Attorney LeFevere noted that once a
business was allowed it may be harder to shut it down if land uses change. Council
consensus was that more research would be needed including maps and mining facts, and
directed staff to add this item to the Council's September work session.
MOTION by Strayton to table the Zoning Ordinance Text Amendment requested by
Marlon Danner until the October 5. 2004 regular City Council meeting. Second by Riley.
Ayes: Riley, Strayton, DeBcui nies, Shoe Corrigan. Droste. Nays: None. Motion carried.
P
EXCERPT FROM THE REGULAR PLANNING COMNUSSION MEETING OF
JULY 27, 2004.
5D. CASE 04 -47 -TA Danner Zoning Ordinance Test Amendment.
City Planner, Rick Pearson. introduced the Danner Zoning Ordinance Text Amendment
which would allow the permitting of asphalt plants in the aticultural district that in
conjunction with mineral extraction.
Marlon Danner requested an amendment to the zoning ordinance that would permit an
asphalt plant on his property. He has a permit for a mineral extraction operation on a75-
acre site in the A ricuihtre zoning district. The site is located approximately 1.2 miles
east of the intersection of County Road 42 and U.S. 52, on the south side of County 42.
According to Pearson, asphalt plants are currently permitted only in the General
Industrial District. The request was intended for the relocation of Pine Bend Paving, Inc.,
current]\• located on Flint Hills Resources property. The existing site has a mineral
extraction permit operated by Solberg Ag cgate Company that is being phased out. The
current site is located on the west side of US 52 between the new railroad overpass and
the refinery.
Mineral extraction is currently a permitted use in the General Industrial District according
to standards. It is also permitted in a limited portion of the Agriculture District
otherwise described as an "overlay" district. The Danner, Furlong, Ped and Vesterra
mineral extraction permits are all within the Agriculture district. The Plattning
Commission needs to be satisfied that asphalt plants could be acceptable in the
Agriculture district in conjunction with a mineral extraction permit.
There are land -use advantages to co- locating an asphalt plant with a mineral extraction
permit. According to the National. Asphalt Pavement Association, 95 of the pavement
mix by weight is aggregates, originating in the mining area. The Danner property is
designated as part of the Industrial Mixed WM) Use area in the 2020 Comprehensive
Plan. Staff prepared a draft ordinance permit that would allow the operation of asphalt
plants under a conditional use permit tCUP). A key consideration was the CUP would
only be permitted as accessory to a mineral extraction permit. The CUP process included
findings that are based upon mitigation of potentially undesirable effects.
Present for this hearing, representing the Danner interest, was \Qarlon Danner of Danner,
Inc. and Joel Jacoby front Pine Bend Pacing.
Chair Messner opened the public hearing. No one responded, therefore, Commissioner
Powell motioned to close the public hearing which was seconded by Conunissioner
Humphrey. All ayes to close the public hearing.
Questioning was opened by Chair Messner with his own inquiry related to conditional
use permits and how they expire. He felt this could be become a permit without limit.
Pearson pointed out that completion of mineral extraction activities would cause the
expiration of the conditional use permit for the asphalt plant. Zum inquired as to whether
all people in the area have been notified of this potential plant construction in reference
to public noise due to operations and disturbances with the increased traffic of trucks.
Pearson indicated that a nrailing had not been sent out. The zoning text amendment
process is not site specific. If the text amendment were to be adopted, it would be
expected that a subsequent application would be processed for the Pine Bend Paving
Plant to be located on the Danner property, triggering a public hearing with mailings.
Joel Jacoby of Pine Bend Paving introduced Pine Bend Paving as a local business that
has been in business for 31 year and has never had a single citizen cumplaint. Chair
Messner asked for clarification on the brochure that indicated 95% of the asphalt came
from recycled product. Jacoby said that was correct. Messner w'as concerned with any
limitation to the heiglit of the stock piles. This issue would be resolved via further
investigation on Pearson's end prior to the City Council meeting.
MOTION by Powell and second by Schultz to recommend that the City Council
adopt an amendment to the zoning ordinance designating asphalt plants as a
conditional use in conjunction with a mineral extraction permit in the Agricultural
District.
Ayes: Schultz, Zum, Messner, Humphrey, and Powell. Nays: None. Motion
carried.
Pearson indicated the follow up would consist of presentation of this Zoning Ordinance
text amendment application at the August 17, '_004 City Council Meeting and that this
issue would retrim to the Planning Commission in September in draft form.