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HomeMy WebLinkAbout6.j. Request by Valley Paving, Inc. for an Interim Use Permit to operate an Asphalt Plant at 12955 Courthouse Boulevard through December 31, 2009, 09-09-IUPAGENDA ITEM: 09- 09 -IUP Request by Valley Paving, Inc. for an Interim Use Permit to operate an Asphalt Plant at 12955 Courthouse Boulevard through December 31, 2009. AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO ATTACHMENTS: Resolution, Site Map, Narrative, Proposed Site Plan, Excerpt from the May 12 Planning Commission Minutes, Asphalt Plant and Stockpile Photos APPROVED 13l(: D0.1 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: June 2, 2009 EXECUTIVE SUMMARY SUMMARY Valley Paving, Inc. has received the contract from the Minnesota Department of Transportation (MnDOT) to repave Minnesota Highway 55 from US Highway 52 to the Hastings City Limits. Valley paving has also bid on repaving projects on US Highway 52 and US Highway 61. To complete these projects, Valley Paving, Inc. is proposing to lease 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. PLANNING COMMISSION MEETING MAY 12, 2009 The Planning Commission conducted a public hearing during their May 12 meeting. No residents spoke during the public hearing. Charlie Borene and Brent Carron representing Valley Paving approached the Commission and stated that the property of the proposed site was zoned HI Heavy Industrial, the owners of Continental Nitrogen are supportive of their interim use, and that this location allows Valley Paving to competitively bid for projects that have resulted from the stimulus package. Chairmen Messner asked how many trucks would be expected from the site and the representatives from Valley Paving stated that 10 to 20 trucks would be making round trips from the plant to the job site. Valley Paving stated if they would not be able to use this site then more trucks would be needed to drive the longer trip from their existing plants to the job site. Having a site closer to the project would reduce the number of trucks on the road. The Planning Commission stated that they are not supportive of a direct access from the asphalt plant onto Minnesota Highway 55 as requested by the applicant and has recommended a condition requiring the use of the existing Continental Nitrogen truck entrance for all Valley Paving or subcontractor trucks. ISSUE Applicant Property Owner(s): Location: Area in Acres: Comprehensive Plan Designation: Current Zoning: Surrounding Businesses: Surrounding Zoning: Valley Paving, Inc. Continental Nitrogen Resources Corp. 12955 Courthouse Blvd (Mn Hwy 55) 105 acres; asphalt plant approximately 6 acres GI General Industrial 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 requested an Interim Use Permit to operate an asphalt plant on property owned by Continental Nitrogen. The asphalt plant will be 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 will be shielded from the view of travelers driving on MN Hwy 55 by the warehouses and the elevator of Continental Nitrogen. The asphalt plant will be shielded 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. The asphalt plant itself is a truck mounted hot mix asphalt plant that will stand approximately 35 feet tall once installed. Additionally, a baghouse that handles and cleans the emissions from the hot mix asphalt is included; it will stand approximately 40 feet tall, and a series of granular material stockpiles will be on site and approximately 35 feet tall. Valley Paving has requested two options for truck access to the site. First, would be to use the existing Continental Nitrogen truck access located at the west side of the site. The second would be a direct access from the Continental Nitrogen site approximately 1,200 feet east of the Pine Bend Trail and MN Hwy 55 intersection. Valley Paving has stated that MnDOT will allow direct access onto their highway for trucks that are conducting the highway improvement. The first access option is depicted on the aerial map in blue with the second access depicted in dark red. Staff does not support the second access option because of safety concerns. The ease and availability of the first option also supports staffs recommendation. MN Hwy 55 reduces from a four lane divided highway to a two lane undivided highway in the location of the second access as well as access at intersections is inherently more safe than a direct access onto a major highway. Staff has proposed a condition that prohibits that use of a direct access onto MN Hwy 55. Valley Paving requests that the Interim Use Permit for the asphalt plant run through December 31, 2009. Valley Paving has been awarded the contract to repave MN Hwy 55 from US Hwy 52 to the Hastings City Limits. Valley Paving has also submitted bids for two repaving projects on US Hwy 52 in US Highway 61. All three projects are to be completed this year. Asphalt plants typically are done operating by Thanksgiving, but the December 31, 2009 would allow Valley Paving to dismantle the plant and clean the site between Thanksgiving and New Years. Staff is supportive of the Interim Use Permit through December 31, 2009. Valley Paving has not given any indication that they would request an extension, but if Valley Paving were to request an extension to the IUP, a justifiable reason would be needed to deny an extension request. Similar to any zoning and land use decision, a city must articulate rational reasons for denial of an application. Similarly, approval or denial of an IUP is not totally at the discretion of the City without justification. Directly to the west of the proposed Valley Paving site is the Pine Bend Paving asphalt plant with has an existing IUP that expires on December 31, 2011. 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. INTERIM USE PERMIT The IUP is subject to: 1. The specified expiration date. 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, 2009. At that time, the applicant would need to remove 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 Heavy Industrial Zoning. 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 facifi0 provides an adequate ingress and egress. A direct access onto MN Huy 55 does not provide a proper ingress or egress and is recommended to be prohibited. 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 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 feet south of the proposed site but this is an inholding surrounded by industrial user. 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. 3 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 arphaltplant, along with the associated proposed berming and screening conforms to the standards of Zoning Codes section 114 -16 -1 E. RECOMMENDATION Staff recommends a motion to adopt a resolution approving an Interim Use Permit for Valley Paving, Inc. to operate an asphalt plant. 4 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 May 12, 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 June 2, 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. 4. The expiration date of the IUP will be December 31, 2009. ADOPTED this 2nd day of June, 2009 by the City Council of the City of Rosemount. ATTEST: 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 parcel data are believed to be accurate, but accuracy 's 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 ,,3 VALLEI PAVING INCORPORATED 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445 -8615 FAX (952) 445 -0355 www.valleypaving.com April 30, 2009 Mr. Eric Zweber City of Rosemount 2875 145 Street West Rosemount, MN 55068 Mr. Zweber, Re: Interim use permit at nitro site located at Continental Nitrogen Resources, 12955 Courthouse Blvd. Rosemount, MN 55068 This letter will serve as our summary and narrative for the aforementioned interim use permit application for the above referenced location. Valley Paving has applied for an interim use permit to operate an asphalt plant facility at 12955 Courthouse Blvd., in Rosemount MN. As of the date of this letter, we have one Mn/Dot project that would utilize this facility. As part of the Stimulus package, additional project on TH 52 and TH 61 are expect to be let early this summer, with construction commencing shortly thereafter. In addition to Mn/Dot and special Stimulus projects, City, County and commercial projects could be serviced from this location. Our hope would be to service projects from this facility during the 2009 construction season. Access points to the proposed facility were previously submitted along with the Interim Use Permit Application as Option I and Option II. Thank you for your consideration of this permit application. As always, should you have any questions please don't hesitate to call. Sincerely, and Carron Valley Paving AK; +i..n Anfinn Cn.tol llnnnrh,nihs Gmnlrn, r EXCERPT OF MINUTES PLANNING COMMISSION REGULAR MEETING MAY 12, 2009 5.b. Valley Paving, Inc. Interim Use Permit Application (09- 09 -IUP). Senior Planner Zweber reviewed the staff report. Valley Paving, Inc. has received the contract from the Minnesota Department of Transportation (MnDOT) to repave Minnesota Highway 55 from US Highway 52 to the Hastings City Limits. Valley Paving has also bid on two repaving projects on US Highway 52 in Inver Grove Heights and Rosemount. To complete these projects, Valley Paving, Inc. is proposing to lease 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 projects. The Applicant, Charlie Borene and Brent Carron, of Valley Paving, Inc. approached the Commission. They stated that the property is zoned for heavy industrial and the owner is receptive to their interim use. They further stated that with the tight economy, this project will allow their company to submit competitive bidding on the upcoming stimulus projects. Chairperson Messner asked how many additional trucks a day would be on the areas roads. Mr. Carron stated an estimate of 10 -20 trucks a day will be making rounds. The public hearing was opened at 7:52p.m. There were no public comments. MOTION by Schultz to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 7:53p.m. MOTION by Schultz to recommend that the City Council approve an Interim Use Permit 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. 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. 3. The expiration date of the IUP will be December 31, 2009; any extension must be approved by the City Council. Second by Schwartz. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Zweber stated that this item will go before the City Council at the next regularly schedule meeting on June 2, 2009. 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 Pine Bend Paving Asphalt Plant Proposed Valley Paving Asphalt Plant Existing Continental Nitrogen Truck Entrance Existing Elevator 1 Proposed Valley Paving Asphalt Plant View from Minnesota Highway 55