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Home My WebLink About5.f. PCExSumm_PineBendpav_IUP12192016 EXECUTIVE SUMMARY Planning Commission Meeting: December 19, 2016 Tentative City Council Meeting: January 17, 2016 AGENDA ITEM: Case 16-58-IUP Pine Bend Paving Interim Use Permit AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.f. ATTACHMENTS: Location Map, Existing Conditions, Site Plan, 2006 Resolution Approving IUP APPROVED BY: K.L. RECOMMENDED ACTION: Motion to recommend that the City Council approve an Interim Use Permit for Pine Bend paving subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11-4-16 E. 2. Additional berming and/or screening shall be installed if the existing rail spur is used to deliver aggregate and additional stockpiling occurs north of the asphalt plant. 3. A minimum of one six-foot tall coniferous tree is planted every 20 feet along the top of the berm. 4. The expiration date of the IUP will be December 31, 2021; any extension must be approved by the City Council. SUMMARY Applicant: Joe Jacoby of Pine Bend Paving, Inc. Property Owner: Flint Hills Resources Location: 13155 Courthouse Blvd (Mn Hwy 55) Area in Acres: Approximately 6 acres Comprehensive Plan Designation: GI - General Industrial Current Zoning: GI - General Industrial Surrounding Businesses: West – Feed Products North - Walbon Trucking Surrounding Zoning: West: HI – Heavy Industrial South, East, and North: GI – General Industrial Pine Bend Paving has requested a renewal to its Interim Use Permit to operate an asphalt plant on property owned by Flint Hills Resources. Pine Bend Paving has been operating a plant in this location since 2007. Most recently, Pine Bend Paving was issued an Interim Use Permit (IUP) renewal in November, 2011, with the condition that their IUP permit will expire on December 31, 2016. Pine Bend Paving is requesting another five (5) year IUP through December 31, 2021. BACKGROUND The specific location of the asphalt plant is approximately 600 feet south of the Hwy 55 right-of-way. The equipment area measures approximately 350 feet x 400 feet. Various stockpiles of aggregate and concrete material for recycling are located south and east of the equipment. An aerial photo and site plan have been provided to show the layout of the asphalt plant. The dominant feature of the site is the scale area where trucks are loaded. Trucks drive underneath two large cylindrical holding tanks, which discharge the asphalt product. 2 The site currently contains three buildings located in the northwest corner of the property, one of which is a vacant office building and the other two are used by a company that refurbishes railroad axels. Center to the site is a private railroad spur that runs west through the Feed Products site and onto the Hawkins property and the proposed Flint Hills Refinery ATS terminal. Off this spur, along the western edge of the site, is another railroad spur that runs to the two buildings repairing axels. This railroad spur is currently unused. On the south central portion of the site are two capped former bauxite ponds (bauxite was a by- product of the acid plant). The Minnesota Pollution Control Administration (MnPCA) believes these bauxite ponds are stable in their current form, but the MnPCA does not recommend storing material on the former ponds or incorporating them in the working site of the asphalt plant. The asphalt plant, along with the associated aggregate material, are located south of the existing buildings, north and east of the railroad spurs, and west of the bauxite ponds. The Zoning Ordinance requires year round 100% opaque screening for 30% of the height of the asphalt plant and 50% opaque screening for the 30% to 50% of the height of the asphalt plant. This is accomplished by the berm approximately nine feet tall and 400 feet long, planted with conifers. The berm starts approximately 100 feet from the centerline of Hwy 55 and runs from the eastern edge of the entry drive to the eastern property line. The three existing buildings provide the required screening west of the entry drive to the west property line. If Pine Bend Paving begins using the rail line to haul aggregate creating more stockpiling, additional berming and landscaping will need to be installed to supplement the building and provide 100% opacity. INTERIM USE PERMIT Interim Use Permits are subject to termination upon one of the following events, whichever occurs first: 1. The date stated in the permit. 2. Violation of the condition under which the permit was issued. 3. Change in the city's zoning regulation which renders the use nonconforming. The permit is structured to expire on December 31, 2021. At that time, the applicant would need to apply to renew the IUP, or move the asphalt plant to another site. Findings for Interim Use Permits: 1. The extent, location, and intensity of the use will be in compliance with the Comprehensive Plan. The use is in an area with a land use designation of General Industrial, consistent with the General Industrial zoning. 2. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. The proposed location has direct access with the Hwy 55 right-of-way and an existing right turn lane. MnDOT has jurisdiction for the access. The applicant has an existing haul-route that would eliminate the need for left turn on or off of Hwy 55 during rush hour. 3. 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. The proposed location is zoned GI – General Industrial and is surrounded by other similar General and Heavy industrial uses. 3 4. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The IUP by definition is a temporary use. If Flint Hills Resources were to develop an industrial park within this area, this site can be redeveloped when the IUP expires. 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The location of the asphalt plant, along with the associated berming and screening conforms to the standards of Zoning Codes section 11-4-16 D. RECOMMENDATION Staff recommends a motion to recommend that the City Council approve an Interim Use Permit for Pine Bend Paving, subject to conditions. Pine Bend Paving Site f :.'•'•(,;•' •"" may: ••:',:,'': i • ,^1\ \` ,\ / iii li Y Ar tl Y, I 1 r/I : •I ._\ it f' \ - _, l J Ate. i 7C• 1 J _\ % j Y' L k I.rw r•N..w r.0 ri..nM+M rM•MW. w\.wfAILS: mlo I00. , PROPOSE)PLANT SITE t %"ILT..... PINE 00 PAVING FACLITY rMfrn .r a p:p4 ram :'"W- M DAKOTA COUNTY,MM4 50TA M-•1•lY CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006-___ A RESOLUTION APPROVING THE INTERIUM USE PERMIT FOR PINE BEND PAVING, INC. TO OPERATE AN ASPHALT PLANT WHEREAS, the Community Development Department of the City of Rosemount received an application from Pine Bend Paving, Inc. requesting an Interim Use Permit (IUP) for property located on Flint Hills Refinery Land, legally described as: (PID#34-01900-011-10) That part of the NE¼ and that part of the SE¼ of Section 19, Township 115, Range 18, and the part of the SW¼ SE¼ of Section 18, Township 115 , Range 18, Dakota County, Minnesota, described as follows: Commencing at the NW corner of the NE¼ of said Section 19; thence on an assumed bearing of N. 89°54’32” E., along the N line of said NE¼ a distance of 318.23’ to the point of beginning of the property being described; thence N 26°22’32” E 239.77’, more or less, to the centerline of S.T.H. No. 55 as now laid out and traveled; thence S 63°37’28” E, along the centerline of said S.T.H. No. 55 a distance of 830.74’ to the beginning of a tangential curve concave to the SW, central angle 06°53’34”, radius 5729.65’; thence along said curve, being the centerline of said S.T.H. No. 55, a distance of 689.27’, more or less, to its intersection with the W line of the E 870’ of said Section 19; thence S 00°09’51” E along the W line of said E 870’, 2799.91’, more or less, to its intersection with a line drawn parallel with and 200’ northeasterly of the centerline of the Chicago North Western Railway; thence S 46°28’59” W parallel with said centerline 393.41’ to the beginning of a tangential curve concave to the NW, central angle 43°39’23” radius 946.28’; thence along said curve parallel with said railway centerline, 721.02’, thence N 89°51’38” W, tangent to said curve parallel with said railway centerline, 833.70’, more or less, to the N-S ¼ line of said Section 19; thence N 00°01’38” W, along said N-S ¼ line, 2929.96’; thence N 26°22’32” E, 476.29’; thence N 63°37’28” W, 113.17’; thence N 26°22’32” E, 467.31’, more or less, to the point of beginning. EXCEPT the W 450’ of the E½ of the SE¼ of Section 19, Township 115, Range 18, lying North and West of the Railway (PID#34-01900-010-80). WHEREAS, on August 22, 2006, the Planning Commission of the City of Rosemount reviewed the Interim Use Permit application for land located at approximately 13000 Courthouse Boulevard; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Interim Use Permit for Pine Bend Paving, Inc., subject to conditions; and WHEREAS, on September 19, 2006, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation for the Interim Use Permit and agreed with the Planning Commission’s findings; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Interim Use Permit for Pine Bend Paving, Inc. to operate an asphalt plant subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11-4-16 D. RESOLUTION 2006 -___ 2 2. Additional berming and/or screening shall be installed if the existing rail spur is used to deliver aggregate and additional stockpiling occurs north of the asphalt plant. 3. A minimum of one six-foot tall coniferous tree is planted every 20 feet along the top of the berm. 4. The expiration date of the IUP will be December 31, 2011; any extension must be approved by the City Council. 5. Berming and landscaping shall be installed and inspected before the operation of the asphalt plant. ADOPTED this 19th day of Serptember, 2006 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Amy Domeier, City Clerk Motion by:_____________________Second by:____________________________________ Voted in favor:_______________________________________________________________ Voted against:________________________________________________________________ Member absent:______________________________________________________________