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The focus of this application is to consider if and how asphalt plants may be permitted in the
Agriculture District. It is not intended to deal with specific issues related to the Danner
property. If the zoning ordinance is'amended, then the City could anticipate a future
application proposing the development of a plant on the Danner property and applying
standards to the review.
PLANNING COMMISSION PUBLIC HEARING
On July 27, 2004, the Planning Commission conducted a public hearing to discuss the
proposed amendment. Generally, the Commissioners were in support of the draft language
that staff had prepared for an asphalt plant conditional use permit procedure. However,
several questions were raised by Commissioners concerning the potential longevity of an
asphalt plant, prompting staff to propose further examination of the issues. In their
discussions, the Commissioners acknowledged, the consolidation of traffic generation as a
benefit to the co- location of an asphalt plant with the source of most of the asphalt
ingredients. They also noted that new construction and consumption of asphalt depends on
locally available material. However, a question was raised about the possibility of an asphalt
plant outliving the mining process, continuing to operate as a non - conforming use.
BACKGROUND
Mr. Danner has been operating the sand and gravel operation on his property since 1996. In
2003, he requested an amendment to the zoning ordinance to create a conditional use permit
for a concrete plant. The CUP was approved, and recently amended for the enclosure of the
apparatus inside a metal building. The concrete plant has not yet been constructed.
Applicant & Property Owner(s): Marlon Danner of Danner, Inca
Location: 4594 145"' Street East
Area in Acres: 75
Comp. Guide Plan Desig: Mixed Use Industrial
Current Zoning: AG Agriculture
Relevant approvals: Mineral Extraction permit
Conditional use permit for Cement Plant
Nature of Request: Create a permitting process to allow an asphalt plant in the
Agriculture District (for the Danner property).
Mineral Extraction is permitted in a limited portion of the Agriculture District, between Akron
Avenue and County Road 71, within one mile north of County Road 42 (aligning with known
deposits of aggregate resources). The Danner property is in an area in the Agricultural
district that previously permitted mining within % mile on either side of County Road 42, east
of US 52. Subsequently, previous Council direction would have supported mineral extraction
as an interim use to facilitate mixed -use industrial development in the County Road 42
corridor.
SUMMARY
Asphalt plants are currently permitted only in the General Industrial District. The request is
intended for the relocation of Pine Bend Paving, Inc., currently located on Flint Hills
2
Resources property. The existing Pine Bend Paving, Inc. site has a mineral extraction permit
operated by Solberg Aggregate Company that is being phased out. The current site is
located on the west side of US. 52, between the new railroad overpass and the refinery.
The existing Pine Bend Paving asphalt plant is not visible from any of the local streets or
highways. The entrance is located at the southern edge of the frontage road along the west
side of U.S. 52. Photographs of the plant have been attached for review.
The Danner site is in the Agriculture District. The request should be considered in the
context of asphalt plants in general, not just a means to facilitate the relocation of a local
company. A special exception is not an option.
The sitting of asphalt plants can be controversial. Previous mining related public hearings
conducted for sites in the County Road 42 area have generated questions about asphalt
plants. The typical concerns include odors, dust, emissions and traffic. The Planning
Commission also identified stockpiled material as a concern. All of these issues and any
others identified in the process must be addressed by the applicant.
RELEVANT EXAMPLES FROM NEIGHBORING CITIES
City example Zoning District Regulatory Structure
Apple Valley 1 -2 General Industrial District Conditional Use Permit
Sand & Gravel Conditional Use Permit
Burnsville GIH Gateway Industrial Heavy According to standards
Eagan 1 -2 Gen. Industrial According to standards
Inver Grove Hts. Sand & Gravel Overlay Conditional Use Permit
No city permits asphalt plants in their respective Agriculture districts (those that have them).
The examples tend to acknowledge asphalt plants as a processing activity directly connected'
to a mining operation. However, asphalt production is treated as a principal use in Eagan.
The potential_ nuisance effects of the asphalt plant are regulated with the conditional use
permit process.
FURTHER DISCUSSION
There are land -use advantages to co- locating an asphalt plant with a mineral extraction
permit. According to the National Asphalt Pavement Association, 95% of the pavement mix
by weight is aggregates, originating in the mining area. Therefore, the advantages are as
follows:
1, The traffic generated by a mineral extraction permit and an asphalt plat is
consolidated. As a result, trucks can go directly to a job site, instead of to and from
an asphalt plant in a separate location.
2. An asphalt plant located near on- going, street and highway construction provides
some efficiencies in terms of trip length, highway impact and resulting costs.
Under this concept, the asphalt plant would function as an accessory use to the mining
operation. The city could regulate the longevity of the plant by making it requiring an interim
permit, however, conditions of the permit would tie the operation of the plant to use'of the
3
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PLANNING COMMISSION MEETING MINUTES
JULY 27, 2004
PAGE 8
2. Pa ent of Park Dedication according to the current fee schedule by either the applicant
or th current property owner (estimated at $12,330.00).
3. Incorp ation of plan revisions recommended by the Project En ' eer including the
followin
4. The gradin drainage, paving and erosion control plan eet C3.1) shall be revised as
follows: Roc construction entrance per City specifi tions is required at all times during
construction an is required to be continuously ma' tained by the contractor. Add to note
13: 3:1 slopes sh Id be blanketed with erosion ntrol blanketed with erosion control
blanket MnDOT 3 5. Add to note 14: Contr for must adhere to the City of Rosemount
erosion control requi ments or outlined in a surface water management ordinance and
the NPDES Phase II p its.
5. The utility plan (Sheet C4. ) shall be evised as follows: Use two 45 degree
i. bends as opp sed to ne 90 degree bend for the water main where
connecting to
ii. existing, a conc to apron will not required for the entrance to Applebee's,
but may be i all at the developer's discretion, three Acorn lights shall
be installe long aron Avenue within the eight foot boulevard, Xcel
Energy, door Li gh g Division will provide and install the fixtures, the
hydrau 'c calculations s all be updated to account for the entire 1.376 -acre
site opposed to the 0.6 acres in the provided calculations, and
ad tional catch basins sha be extended north out of catch basins A and
to reduce sheet flow and a uming 50%
iii. clogging of the inlet, catch basi s A and D are nearing capacity.
6. Landsca ' g in accordance with the Landscaping Ian dated July 26, 2004.
7. All sit ighting shall be consistent in color with the est of the commercial development.
Con rmance with all applicable building and fire co
es: Schultz, Zurn, Messner, Humphrey, and Powell.
ays: None. Motion carried.
5D. CASE 04 -47 -TA Danner Zoning Ordinance — Text Amendment.
City Planner, Rick Pearson, introduced the Danner Zoning Ordinance Text Amendment which
would allow the permitting of asphalt plants in the agricultural district that in conjunction with
mineral extraction.
Marlon Danner requested an amendment to the zoning ordinance that would permit an asphalt
plant on his property. He has a permit for a mineral extraction operation on a 75- acre site in the
Agriculture zoning district. The site is located approximately 1.2 miles east of the intersection of
County Road 42 and U.S. 52, on the south side of County 42.
8
PLANNING COMMISSION MEETING MINUTES
JULY 27, 2004
PAGE 9
According to Pearson, asphalt plants are currently permitted only in the General Industrial
District. The request was intended for the relocation of Pine Bend Paving, Inc., currently located
on Flint Hills Resources property. The existing site has a mineral extraction permit operated by
Solberg Aggregate Company that is being phased out. The current site is located on the west side
of US. 52 between the new railroad overpass and the refinery.
Mineral extraction is currently apermitted use in the General Industrial District according to
standards. It is also permitted in a limited portion of the Agriculture District - otherwise
described as an "overlay" district. The Danner, Furlong, Ped and Vesterra mineral extraction
permits are all within the Agriculture district. The Planning Commission needs to be satisfied
that asphalt plants could be acceptable in the Agriculture district in conjunction with a mineral
extraction permit.
There are land -use advantages to co- locating an asphalt plant with a mineral extraction permit.
According to the National Asphalt Pavement Association, 95% of the pavement mix by weight is
aggregates, originating in the mining area. The Danner property is designated as part of the
Industrial / Mixed (IM) Use area in the 2020 Comprehensive Plan. Staff prepared a draft
ordinance permit that would allow the operation of asphalt plants under a conditional use permit
(CUP). A key consideration was the CUP would only be permitted as accessory to a mineral
extraction permit. The CUP process included findings that are based upon mitigation of
potentially undesirable effects.
Present for this hearing, representing the Danner interest, was Marlon Danner of Danner, Inc.
and Joel Jacoby from Pine Bend Paving.
Chair Messner opened the public hearing. No one responded, therefore, Commissioner Powell
motioned to close the public hearing which was seconded by Commissioner Humphrey. All ayes
to close the public hearing.
Questioning was opened by Chair Messner with his own inquiry related to conditional use
permits and how they expire. He felt this could be become a permit without limit. Pearson
pointed out that completion of mineral extraction activities would cause the expiration of the
conditional use permit for the asphalt plant. Zurn inquired as to whether all people in the area
have been notified of this potential plant construction in reference to public noise due to
operations and disturbances with the increased traffic of trucks. Pearson indicated that a mailing
had not been sent out. The zoning text amendment process is not site specific. If the text
amendment were to be adopted, it would be expected that a subsequent application would be
processed for the Pine Bend Paving Plant to be located on the Danner property, triggering a
public hearing with mailings. Joel Jacoby of Pine Bend Paving introduced Pine Bend Paving as
a local business that has been in business for 31 year and has never had a single citizen
complaint. Chair Messner asked for clarification on the brochure that indicated 95% of the
asphalt came from recycled product. Jacoby said that was correct. Messner was concerned with
any limitation to the height of the stock piles. This issue would be resolved via further
investigation on Pearson's end prior to the City Council meeting.
PLANNING COMMISSION MEETING MINUTES
JULY 27, 2004
PAGE 10
MOTION by Powell and second by Schultz to recommend that the City Council adopt
an amendment to the zoning ordinance designating asphalt plants as a conditional use in
conjunction with a mineral extraction permit in the Agricultural District.
Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried.
Pearson indicated the follow up would consist of presentation of this Zoning Ordinance text
amendment application at the August 17, 2004 City Council Meeting and that this issue would
return to the Planning Commission in September in draft form.
5 CASE 04 -46 -SP & CASE 04 -47 -CUP Webb Companies Site Plan and Conditional Use
Per it — Approval.
Assistan City Planner, Jason Lindahl, explained the applicant's r uest for site plan and
condition se permit approvals to allow a 7,235 square foot r ail and warehouse addition to
the existing ebb Companies building locate at 15197 Bou er Avenue.
The existing Web Companies facility encompassed a roximately 121,000 square feet
including 96,000 sq e feet of warehouse, 15,000 s are feet of manufacturing, and 10,000
square feet of office u s. The company served a a vendor to the specialties and promotional
products industry by app 'ng custom designs t a large assortment of products. According to
the applicant, the 7,235 sq e foot addition i the southeast corner of the building would include
4,235 square feet of addition warehouse ace for Webb Companies and 3,000 square feet for a
custom motorcycle service and les faci 't
According to the zoning ordinance, ultiple -use facilities within the Business Park District
require a conditional use permit. a ose of a conditional use permit is to mitigate any
adverse effects that may result m lan se conflicts or site design.
Lindahl then proceeded to Ii some of the ma' r plan attributes. The proposed building met the
exterior materials standar for properties in the P -4 District outlined in Section 7.2.A of the
Zoning Ordinance. The xisting parking area wou be expanded to accommodate 27 new stalls
including one new h icapped stall. The applicant Ian showed an overhead door on the east
side of the proposed ddition adjacent to the building's rive lane, which staff recommended be
relocated to the no side of the building to eliminate co icts between deliveries to the
motorcycle sale d service area and the remainder of the s e. At least 15 of the coniferous
trees shall be anted north of the rear drive lane and south of t County Road 42 right -of -way.
Regarding e issue of zoning, Lindahl pointed out to the Planning ission. that the
proposed etail and warehouse addition was consistent with the current d use and zoning
designs ons for the subject property. The 2020 Land Use Plan guided the operty as BP -
Busin ss Park while the Zoning Map designates the site as BP -2, Business Park 2. The"
war ouse portion of the addition was permitted use. Retail sales are an accessory use in the B -2
Di 'ct so long as it does not occupy more than 15% of the gross floor area of the building and
a sales and service must be conducted inside the principal structure. Since the motorcycle
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An asphalt plant is where
it cools. Generally, it makes up about 5
m a t e r i a l s are brought
percent, by weight, of the total pavement
together and blended into
I mixture, the rest of the weight being
aggregates.
Hot Mix Asphalt, which is
t r a n s p o r t e d to the paving
AGGREGATES — These make up the
site f o r construction into
remaining 95 percent, by weight, of the
pavement mixture. They include crushed
a pave 111 e n t .
stone, gravel, and sand. Different sizes of
aggregates, often from different sources, are
We'll explain the "Hot Mix" term in a moment,
combined according to a mix design formula
but first let's correct another misnomer - the
that is determined in a laboratory.
use of the word asphalt.
HOT MIX ASPHALT (HMA) — This is the final
Asphalt is often us . ed loosely to refer to a
product of our facilities, which is a mixture of
variety of asphaltic or asphalt- containing
AC and aggregates.
products, which often causes confusion in
discussions concerning various asphalt
HMA PAVEMENT -This is the final form and
products. Hence, the National Asphalt
use Hot Mix Asphalt generally takes.
Pavement Association (NAPA) has been
encouraging the industry and government to
Briefly, what happens in our HMA facility is
adopt specific terminology to clear up this
that the aggregates are dried and heated,
confusion.
then mixed and coated with AC.
The HMA is often transferred to holding bins
ASPHALT CEMENT (AC) — This'is a thick,
(called silos) for short -term storage, then.to
blank petroleum material that acts as the
trucks for transportation to the paving site.
"glue" that holds the pavement together. It is
It is a mixing, process rather than a
the heaviest part of the petroleum and is
manufacturing process..
usually made by the same refineries that
produce other petroleum products. It is liquid
at high temperatures and becomes a solid as
"An asphalt plant
"is it a
• in my community?
complicated process ?"
What's going on here ?
It's really pretty simple. There are two basic
More than 94 percent of the nation's two
ingredients in Hot Mix Asphalt. The first is
million miles of streets and highways are
aggregates, a mixture of crushed stone, grav-
paved with asphalt. That's because federal,
el, and sand. The :aggregates used are almost
state, and local highway departments have
always locally available stone. About 95
long known that asphalt pavements are
percent of the total . weight of an asphalt
smooth, cost- effective to construct and
pavement consists of aggregates.
maintain, exceptionally durable, quiet,
The remaining 5 percent is Asphalt Cement,
environmentally friendly, and 100 percent
which acts as the glue to hold the pavement
recyclable. The asphalt industry is also .proud
together. Asphalt Cement (AC) is a petroleum
to be the nation's number one recycler. More
product. It generally comes from the same
than 70 million tons of reclaimed asphalt
refineries that produce gasoline for your car
pavement is reused or recycled every year.
and heating oil for your house. AC is the
Around the country, asphalt plants are located
heaviest part of the petroleum.
near homes, businesses, golf courses, and
Mix the two ingredients together, and you get
farms. Chances are good that there has been
Hot Mix Asphalt pavement material.
an asphalt facility not far from you for years,
and you didn't even know it was there.
"What e l S e happens at an
The terms "asphalt plant" and "asphalt facility"
asphalt 'facility ?"
are used interchangeably in the pavement
industry. These terms may be misleading, in
The paving aggregates are heated and dried,
that they may also imply the production of
then mixed and coated with Asphalt Cement.
petroleum asphalt itself, which is actually
The Hot Mix Asphalt is often put in storage
done at an oil refinery. Whichever term is
silos, then trucked to the paving site.
used, however, you can be sure that no
refining takes place at asphalt plants or
"Why do we need an
asphalt facilities.
asphalt plant
"What exactly
in my community ?"
is asphalt ?
Hot Mix Asphalt is usually mixed at about
What most people mean when they say
300 OF — cooler than what you'd use to bake
it asphalt. „ _ also known as blacktop,
a pie. And it has to be placed hot, no Less
'than
macadam, or tarmac - is actually a
about 250 °F. The HMA must be deliv-
particular product, known in our industry
ered to the paving site hot. Transporting the
as asphalt pavement, or sometimes, Hot
mix over long distances could allow the mix to
Mix Asphalt (HMA) pavement.
cool too much, ultimately harming the quality
j
of the pavement. Therefore, it is necessary for
HMA plants to be near paving sites.
f
{ I
i
i
"Are there health risks ?"
If you visit an HMA facility, you'll see
people wearing typical construction clothes
such as hard hats, gloves, and long- sleeved
and 3) at some facilities, solvents for the
quality control lab. These solvents are
used in small quantities with great care and
new lab procedures are quickly making the
solvents obsolete.
shirts. There is no evidence that the very low By federal law, a Hof Mix Asphalt facility must
levels of emissions from an HMA facility pose
health risks to humans. keep and use these products, including the
fuel oil, in accordance with strict EPA stan-
"But:don't you have to cards.
keep hazardous
chemicals on site ?"
Liquids that must be handled with care at a
Hot Mix Asphalt facility are: 1) fuel oil for the
burner, which is the same kind of fuel oil you
may be using to heat your home, 2) fuel for
vehicles, which is the same product you buy
at the gas station,
"What happens if there's
a spill or leak ?"
Asphalt Cement starts to harden the moment
it cools. unless it's over 250 °F outside, it
simply cannot travel over the ground more
than a few feet. It will not penetrate the soil
more than an inch or two before solidifying.
Asphalt Cement does not mix with, or become
soluble, in water.
" How about a to u K~?32 The drum operates vary nnuo. like a clothes dryer.
' As it rotates, "flights" along its sides keep the
aggregates tumbling anddroppingvvhioh�neurea
There are two basic kinds ofHK8/\tocih�es ' �� '
' � �h��theyarethorough|ydriad h�8�ad,andrniXed
We'll take you through a "drum mix" plant since '
most new facilities vvithAsphalt Cement before being dropped into
facilities are of this type' and then the discharge chute and carried by o conveyer
describe the differing components of "batch -
(6) to the top of the storage m0ms (7) '
mix" oDeration.
'
Aggregates in cold feed k»imm (1) are measured
into specified portions according to the kind of
pavement required and carried byoconveyor
belt (2) into the drum (@) where they are dried
and heated by a burner /4L If pavement removed
from existing paved surfaces is to be recycled into
_
new pavement, it is usually conveyed to the mid-
dle of the dmWnn (5)'
A small amount of lighter particles are carried iD��
/\spha|t(�ernent_is pumped from its holding tank in
liquid form the main body 0fthe baoh � aa which functi ^'
nl /ha8��d�o�b��t3OO"F)and injected "�-- -''°
' ` ` '« |ih� � series of vacuum cleaner bags, �x� ^t
into the drum where d mixes with and Cosde the ~' ^'^~
agQregates
dust collects -- en�� �nth� outside [oth�r���Otha inside
' of the bags. The reason for this is that we want
AD exhaust fan (8)Gt the end Of the baghmuse `
/9\ creates an airflow velocity in the drum which
pulls uncoated dust through a knockout box (10)
This is, a large volume structure that allows the
exhaust 08S to spread out, reducing its velocity so
that a large portion of the heavy dust particles
drop t0 the bottom to be returned to the mix in
the drum.
The entire operation is controlled and monitored
by a computer, or a programmable controller _
(12), which make sure the system is performing
properly and warns the operator of any fa`ilure
The batch mix HMA plant differs from the, 'drum'
mixer in terms of where the AC coating takes
place. The aggregates are dried in the drum, but
not coated with AC. Instead, the dried aggregates
are conveyed by a bucket elevator (13) to a
mixing tower where they are separated by
vibrating screens (14) at the top and dropped
into individual storage bins (15) by size. They
are dropped from the holding bins to a weigh
hopper (16), the amount of each size being
determined by the type of mix being produced.
From the weigh hopper they go to the pugmill
(17) where they are coated with AC, which has;
been weighed separately. A
The finished product can be transferred dlrectltoV
a waiting truck, althcugh it is becoming more
common to transfer ; the HMA into storage ikem
those at a drurn mix: plant` Batch facifities
as a xi +
manufactured 'since "f973 =must have.
"What about
the environment ?"
Thirty or more years ago, Hot Mix Asphalt facilities
often generated noticeable levels of dust, smoke,
odors, and noise. But two things have brought big
changes. One was the EPA's New Source Performance
Standards, which went into effect in 1973. These stan-
dards required HMA producers to meet strict emis-
sion standards and install control systems to prevent
the release of dust and smoke into the air. A plant
must also meet stringent "visible emissions" tests in
order to comply with regulations. An even stronger
incentive for clean operation is economic. It's in the
owner's best interest to make sure that all the equip -
ment is operating at peak
efficiency — which means producing very little in
the way of emissions.
In the past 40 years, production of HMA paving
material has increased by more than 250 percent;
during that time, total emissions from HMA opera-
tions have decreased by 97 percent. Recognizing
the improvements in air quality that have been
achieved by the asphalt pavement industry, the
United States Environmental Protection Agency has
declared that no HMA plant has the potential to be a
major source of hazardous air pollutants.
Hot Mix Asphalt producers want to be good
neighbors. They strive to build clean, quiet
operations that are compatible with the rest of
the neighborhood.
"it sounds like
this would be okay."
You're right. When people get the facts about
modern Hot Mix Asphalt facilities, they understand
the need for having one in the community. And they
appreciate their critical role in building and
maintaining the nation's infrastructure.
This informational brochure was produced by the National Asphalt
Pavement Association, whose members are dedicated to quality,
safety, and environmental protection in every phase of Hot Mix
Asphalt production and placement.
For more information, visit www.beyondRoads.com
NAPA publication order # PS -24
NAPA
5100 Forbes Blvd. • Lanham, MD 20706 -4407
Toll Free: 888468 -6499
Tel: 301 -731 -4748 • Fax: 301 - 7314621
www.hotmix.org
E -mail: napa @hotmix.org
07/27/2004 22:54 6514377, PINE BEND PAVI' INC PAGE 02
j
t .
R101.1 VALLEY GO1.Jrl CLUB
3855 145th St Fait
RwanmK MN 5&t)Qa
851-437 -4eU
fax 8614437 -1048
Yuly 26, 2004
City of Rosemount
g875 145th Street W.
Rosemount, MN BW68
to Whom It May Concern:
1hts letter Is written In regard to Pine Bend Paving, moving their plant to
Bounty Road 42 in Aosemount.
We have been in business on County Road 42 for the past fifteen years. We
have been customers of Pine Bend Paving, and believe they are a reputable
Oompany.
1 0 would welcome having them In our neighborhood.
erely,
F aymond Rahn