HomeMy WebLinkAbout6.u. Request by Valley Paving, Inc. for an Interim Use Permit to operate an Asphalt Plant at 12955 Courthouse Boulevard through December 31, 2010, 09-25-IUPAGENDA ITEM: 09 -25 -IUP Request by Valley Paving, Inc.
for an Interim Use Permit to operate an
Asphalt Plant at 12955 Courthouse
Boulevard through December 31, 2010.
AGENDA SECTION:
Consent
PREPARED BY: Eric Zweber, Senior Planner
AG NDA NO.
ATTACHMENTS: Resolution; Site Map; Proposed Site Plan;
Asphalt Plant and Stockpile Photos;
Excerpt from the November 24 Planning
Commission Minutes.
APPROVED BY:
Ant
RECOMMENDED ACTION: Motion to adopt a resolution approving the Interim Use
Permit for Valley Paving, Inc. to operate an asphalt plant.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting Date: December 15, 2009
EXECUTIVE SUMMARY
SUMMARY
The City has approved an Interim Use Permit (IUP) for Valley Paving, Inc. through December 31,
2009. Valley Paving, Inc. requested the IUP because they had received contracts from the
Minnesota Department of Transportation (MnDOT) to repave Minnesota Highway 55 from US
Highway 52 to the Hastings city limits To complete this project, Valley Paving, Inc. had leased the
southeastern corner of the Continental Nitrogen site at 12955 Courthouse Boulevard to install an
asphalt plant and associated stockpile material through December 31, 2009 to complete the repaving
project.
Valley Paving had also been awarded a US Highway 52 paving project which was delayed by
MnDOT and cannot be completed in 2009. Typically, asphalt cannot be laid past Thanksgiving of
each year and asphalt plants do not reopen until after road weight restrictions are removed around
May 1 of each year. As a result of the delay in the US Highway 52 paving project, Valley Paving is
requesting a one year extension to the IUP until December 31, 2010.
PLANNING COMMISSION MEETING NOVEMBER 24, 2009
The Planning Commission conducted a public hearing during their November 24 meeting. No
residents spoke during the public hearing. Charlie Borene representing Valley Paving stated that
25,000 man hours of work has been produced as a result of this asphalt plant. The Planning
Commission unanimously recommended approval of the IUP.
ISSUE
Applicant
Property Owner(s):
Location:
Area in Acres:
Comprehensive Plan Designation:
Valley Paving, Inc.
Continental Nitrogen Resources Corp.
12955 Courthouse Blvd (Mn Hwy 55)
105 acres; asphalt plant approximately 6 acres
GI General Industrial
Current Zoning:
Surrounding Businesses:
Surrounding Zoning:
HI Heavy Industrial
West Flint Hills Resources
North Dixie Petro Chemical and Walbon Trucking
East Pine Bend Paving
GI General Industrial and HI Heavy Industrial
Valley Paving, Inc. has received an IUP to operate an asphalt plant on property owned by
Continental Nitrogen through the end of 2009. The asphalt plant is located in the southeast corner
of the Continental Nitrogen Property, approximately 1,100 feet south of Minnesota Highway 55
(MN Hwy 55) and 1,400 feet from US Highway 52 (US Hwy 52). The asphalt plant is shielded from
the view of travelers driving on MN Hwy 55 by the warehouses and elevator of Continental
Nitrogen, as well as from the view of travelers driving on US Hwy 52 by the trees that are located
south of the asphalt plant and the tanks located west of the asphalt plant. To further clarify its
screening, Planning Staff is unable to take a picture that shows any of the asphalt plant from all
public right -of -ways surrounding Continental Nitrogen.
The asphalt plant itself is a truck mounted hot mix asphalt plant that stands approximately 35 feet
tall. Additionally, a baghouse that handles and cleans the emissions from the hot mix asphalt is
included; it stands approximately 40 feet tall, and a series of granular material stockpiles are on site
approximately 35 feet tall.
Valley Paving's trucks and other vehicles use the existing Continental Nitrogen truck access located
at the west side of the site. The access is suitable for the size and volume of trucks that Valley
Paving uses and there have not been any complaints received by the City or accidents caused by
Valley Paving's use of this access.
Valley Paving requests an extension of the IUP for the asphalt plant run through December 31,
2010. Valley Paving has completed paving of MN Hwy 55 from US Hwy 52 to the Hastings City
limits Valley Paving has also been awarded a paving project on US Hwy 52 in Inver Grove Heights
and Rosemount, but due to the delay in awarding the contract by MnDOT, Valley Paving cannot
complete the project in 2009. Asphalt plants typically are done operating by Thanksgiving and are
not reopened until after road weight restrictions are removed by May of the following year. To be
able to complete this project, as well as the ability to bid on other stimulus package road projects
(such as the paving of Akron Avenue from County Road 42 to Bonaire Path in the summer of
2010), Valley Paving has requested an extension of the IUP through the end of 2010. Staff is
supportive of the Interim Use Permit through December 31, 2010. Any extension beyond that date
would need to receive additional City Council approval.
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 through the existing Continental Nitrogen warehouses, elevator, and tanks to the
north and west, the Pine Bend Paving facility to the east, and the existing mature trees to the south.
The City has received no complaints this year from the operation of the Valley Paving asphalt plant.
INTERIM USE PERMIT
The IUP is subject to:
1. The specified expiration date, and if there is a mechanism for Council approval of an
extension.
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2. A particular event that might cause the termination of the IUP.
3. A change in zoning that would cause the asphalt plant to be non conforming with
zoning.
4. Violation of conditions of operation of the use.
The permit will be structured to expire on December 31, 2010. At that time, the applicant would
need to remove the asphalt plant to another site, or apply to renew the IUP.
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 Heavy
Industrial honing.
2. The use will provide adequate ingress and egress to minimize traffic congestion in the public
streets.
The existing Continental Nitrogen truck access on the west side of the facility provides an adequate
ingress and egress.
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 honed HI Heavy Industrial and is surrounded by other industrial uses.
There is no immediate residential neighbor to this proposed location. Staff would like to note that
there is one house that is located approximately 1,500 square feet south of the proposed site but this
is an inholding surrounded by industrial uses.
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. The development or improvement of the site can occur
after the interim use permit expires at the end of the year. Staff is not supportive of a multiple year
IUP for Vally Paving because the Continental Nitrogen site is currently being marketed for sale
and staff would not want to limit the possible redevelopment or reuse of the Continental Nitrogen
site by a longterm temporary use like Valley Paving
5. The use shall, in all other respects, conform to the applicable regulations of the district in
which it is located.
The proposed location of the asphalt plant, along with the associated proposed berming and screening
conforms to the standards of Zoning Codes section 114 E.
RECOMMENDATION
Staff recommends a motion to adopt a resolution approving an Interim Use Permit for Valley
Paving, Inc. to operate an asphalt plant.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2009-
A RESOLUTION APPROVING THE INTERIM USE PERMIT FOR VALLEY PAVING,
INC. TO OPERATE AN ASPHALT PLANT
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Valley Paving, Inc. requesting an Interim Use Permit (IUP) to operate an asphalt
plant on property owned by Continental Nitrogen located on 12955 Courthouse Boulevard; and
WHEREAS, on November 24, 2009, the Planning Commission of the City of Rosemount reviewed
the Interim Use Permit application; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Interim Use Permit for Valley Paving, Inc., subject to conditions; and
WHEREAS, on December 15, 2009, 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 Valley 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 -1 E.
2. The asphalt plant and associated material stockpiles shall be limited to the boundaries of the
"plant site" shown on the site plan
3. Valley Paving, Inc. and any subcontractor trucks must use the existing Continental Nitrogen
truck access on the west side of the facility. Direct access from the Continental Nitrogen
site onto MN Hwy 55 is prohibited.
ATTEST:
4. The expiration date of the IUP will be December 31, 2010.
ADOPTED this 15th day of December, 2009 by the City Council of the City of Rosemount.
Amy Domeier, City Clerk
William H. Droste, Mayor
RESOLUTION 2009
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
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Valley Paving
Disclaimer: Map and parce 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.
Map Scale
1 inch 1600 feet
Proposed
Valley Paving
Asphalt Plant
Existing Continental Nitrogen Truck Entrance
Pine Bend Paving Existing
Asphalt Plant Elevator
Proposed
Valley Paving
Asphalt Plant
View from Minnesota Highway 55
EXCERPT OF THE DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 24, 2009
5.c. Request by Valley Paving, Inc. for an Interim Use Permit to operate an Asphalt Plant at 12955
Courthouse Boulevard through December 31, 2010 (09- 25 -IUP). Senior Planner Zweber stated the
City had approved an Interim Use Permit (IUP) for Valley Paving, Inc. through December 31, 2009.
Valley Paving, Inc. requested the IUP because they had received contracts from the Minnesota
Department of Transportation MnDOT) to repave Minnesota Highway 55 from US Highway 52 to
the Hastings City Limits. Mr. Zweber further stated that Valley Paving had also been awarded a US
Highway 52 paving project which was delayed by MnDOT and cannot be completed in 2009.
Typically, asphalt cannot be laid past Thanksgiving of each year and asphalt plants do not reopen
until after road weight restrictions are removed around May 1" of each year. As a result of the delay
in the US Highway 52 paving project, Valley Paving is requesting a one year extension to the IUP
until December 31, 2010.
Charlie Borene, Valley Paving, Shakopee, Minnesota, approached the Commission and stated that
the main objective of the interim use permit was to bid on stimulus projects as part of the
government's recovery act. Mr. Borene gave an update on the current status of the projects and
stated that they provided 25,000 man hours in new workers.
Commissioner Schwartz asked if any of the 25,000 hours were from Rosemount residents and Mr.
Borene replied that there are Rosemount residents included.
The public hearing was opened at 7:27p.m.
There were no public comments.
MOTION by Irving to close the public hearing. Second by Ege.
Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:28p.m.
MOTION by Ege to recommend the City Council renew the Interim Use Permit (IUP) for Valley
Paving, Inc. subject to:
1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning
Code Section 11- 4 -16 -1 E.
2. The asphalt plant and associated material stockpiles shall be limited to the boundaries of the
"plant site" shown on the site plan.
3. The expiration date of the IUP will be December 31, 2010; any extension must be approved
by the City Council.
Second by Irving.
Ayes: 4. Nays: None. Motion approved.
As follow-up, Mr. Zweber stated this item will go before the City Council at their regular meeting on
December 15, 2009.