HomeMy WebLinkAbout6.k. Pine Bend Paving Interim Use Permit
EXECUTIVE SUMMARY
City Council Meeting: January 17, 2017
AGENDA ITEM: 16-58-IUP Request by Pine Bend
Paving Interim Use Permit
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.k.
ATTACHMENTS: Resolution, Planning Commission
Minutes and Packet Dated December 19,
2016, Location Map, Site Plan, Existing
Conditions
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Adopt a Resolution approving the Interim Use
Permit for Pine Bend Paving to operate an Asphalt Plant.
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.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing on December 19th, 2016 to review this application and
receive public comment. No members of the public spoke on this item. The Commission expressed
concern that the Interim Use Permit expired on December 31st leaving a period of time before final
approval when they would not have a valid permit. Because the plant is seasonal, the facility does not
operate during the winter months. The Planning Commission passed a motion to recommend approval of
the Interim Use Permit subject to conditions.
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 has been
2
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.
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 of
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 and the Planning Commission recommend approval of an Interim Use Permit for Pine Bend Paving,
subject to the conditions in the attached Resolution.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017- ___
A RESOLUTION APPROVING THE INTERIM 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#34-01900-100-11) 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#34-01900-800-10).
WHEREAS, on December 19, 2016, the Planning Commission of the City of Rosemount reviewed
the Interim Use Permit application for land located at approximately 13155 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 January 17, 2017, 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 2017 -03__
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.
th
ADOPTED this 17 day of January, 2017, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
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EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
DECEMBER 19, 2016
5.f. Request Pine Bend Paving, Inc. to renew their interim use permit to continue asphalt
hot mix production and aggregate recycling on the site. (16-58-IUP)
Planner Nemcek gave a brief summary of the staff report.
Commissioner Forster was concerned that the IUP expires at the end of the year. Nemcek stated
that they are not in operation at this time of year.
The public hearing opened at 7:51 pm.
Public comments: None.
MOTION by VanderWiel to close the public hearing.
Second by Freeman.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 7:52 pm.
Motion by Forster 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.
Second by Mele.
Ayes: 6. Nays: 0. Motion Passes.
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
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