Loading...
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. 2 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. 3 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: 2 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.