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SKB Environmental Comprehensive Plan for Amendment and Rezoning Case 04-49-CP and Case 04-50-ZAZ 0 �a =)O 0 LL 2 >-. ui U) < O MCI C) 0 c W t° L U E x O w Z c� a N 2 v c 0 U Z O 4- U � c Z a) w e CE O aU $ ..�.. m � W p a a. a a) 41 E ° N a) ai � ca a E i v � ° .E O Q a) O E E �� a) a) 00 M .., 0) a) o co -a Q a) C) E rn m c E N a) O .� Y U) O a a) _o L E Q 0 a) O �0 0 U O p t6 J �' _ c Q C Octs Q �FL °) c�-0 (: (t) c Ec0) Uo "0 0) c O Q .O .O "0 .� C 0 ' L 0 0 _ v v L N L (� Co 'U Q C : N cU A♦ � ^ CD 1 V o a_ C c N 0 a) C 0 V a N 0 a c` a) o o c O CL U U O Q O > — CU cu 5 O U Fuc uS N 4 - v '-' O� 4-% L= ago No c `ta)o -' ca 0) E �' O° c o ° _� woc a) � [ Q'wZ o �) ca cac v2v co �c �a c�=0o c Q o UwQ D ES < a) 0 �� Cl M F nc vv` co CU :3 a) 3: W m Z o CL 'tn W Z - to O C2 W Wcuc vvc Z a s v O0o DCQ O w w v = 0- :3 ;,., - E t� F-• Wooa)v o v Q a a or� M20 a O Co ca a? �' Z 0 co �v~ c" Q-Q c oFa}?��Uc a) aca N 3 `- ct5 N L +- i V = 0) C N c O'0 C:'` cu cu c� vv� Lug. 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Plan Amendment Rezoning 0.63 acre parcel Waste Management (WM) Waste Management (WM) 3.43 acre parcel Agriculture (AG) (no change) Agriculture (AG) (no change) Planning Commission Action: Recommendation of Approval for both items (5 -0). PROCESS Rezoning can only be in conformance with the Comprehensive Plan. The public hearing and Planning Commission recommendation can be processed concurrently. If the City Council approves the Comprehensive Plan Amendment, the amendment will be forwarded to the Metropolitan Council for review to determine if it is consistent with regional policies. If the Metropolitan Council approves the amendment, the City will be notified that the amendment can be put into effect, and rezone the property. SUMMARY SKB Environmental owns and operates the adjoining 235 -acre landfill site. Recent amendments to the Interim Use Permit created a construction - demolition cell located east of the original cells. The four -acre site provides additional space for vehicle and equipment storage in a location that does not impact the paved roads and the incoming vehicle inspection area. The intended equipment has metal spiked wheels for operating in the cells and would ruin the paved roads of the site. Development of the four -acre site will require site plan approval. As of this report, it is unknown if the site plan review will be done by the Planning Commission or staff. Staff will recommend that SKB combine the property with the other parcels containing the landfill. SKB is the fourth owner of the landfill site. It was originally opened by U.S.P.C.I., then Laidlaw, who in turn sold it to Safety - Kleen. SKB, the current owner amended the IUP, which resulted in expanded capacity of the cells and added the construction- demolition (C &D) cell. The original site plan was arranged around a grid of nine cells. With the addition of the C &D cell, the foot -print has dramatically increased. As the operations of the facility have evolved, purchasing the 4 -acre property to the east became advantageous, having the potential to site a maintenance facility oriented towards the C &D cell. Property Current use Zoning Subject SKB property Residential (single family house) Agriculture West SKB Construction Demolition land -fill Waste Management South Agriculture - cultivated Agriculture East Residential (single family house) Agriculture North (across TH 55) Agriculture (Commercial livestock) Agriculture Northwest (across TH 55) Industrial (Endrus processing) General Industrial One of the conclusions drawn from the above comparison is that the subject property is generally in a transition of land uses. No concerns of a "spot zoning" would result from the change, as it would support the SKB operation. Staff had discussed surrounding land use, especially regarding the 3.43 acre - remnant, with the applicant. The split and combination 2 preserves the status of the house on the remaining 3.4 -acre site. The minimum lot size in the Agriculture District is 2.5 acres. The house is currently occupied. RECOMMENDATION Staff is recommending ,approval of the requested Comprehensive Plan Amendment and rezoning of the 0.63 -acre parcel that will be split from the 4 -acre site. The subject property is contiguous with the SKB landfill and will play a supporting role. The surrounding land use pattern is a transition from west to east of Waste Management/General Industrial to Agriculture. 3 J i CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- A RESOLUTION APPROVING THE COMPREHENSIVE GUIDE PLAN AMENDMENT FOR SKB ENVIRONMENTAL, INC.. WHEREAS, the Community Development Department of the City of Rosemount received an application from SKB Environmental, Inc. requesting a Comprehensive Guide Plan Amendment for property located at 13625 Courthouse Boulevard, legally described as: All that part of the Northwest Quarter of the Southeast Quarter of Section 20, Township 115 North, Range 18 West, described as follows: Beginning at point on the North and South Quarter section line of said Section 20, 330 feet South of the intersection of said Quarter line with the Southerly right-of- way line of S.T.H. No. 55, thence North along said Quarter line to the center of said highway, thence Southeasterly along said centerline 660 feet, thence South and parallel with said Quarter line to a point 330 feet South of the Southerly right -of -way line of said highway, thence Northwesterly 652.81 feet to the point of beginning, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Excepting there from the West 170 feet South of a line described as follows: Beginning at a point on the North and South Quarter section line of said Section 20, 330 feet South of the intersection of said Quarter line with the Southerly right -of -way line of S.T.H. No. 55, thence North along said Quarter line 103.00 feet, thence Easterly at a right angle with said Quarter line 170 feet. WHEREAS, on August 24, 2004, the Planning Commission of the City of Rosemount reviewed the Comprehensive Guide Plan Amendment Application; and WHEREAS, the Planning Commission of the City of Rosemount continued the public hearing to September 14, 2004; and WHEREAS, on October 26, 2004, the Planning Commission of the City of Rosemount reviewed the Comprehensive Guide Plan Amendment; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Comprehensive Plan Amendment, subject to conditions; and WHEREAS, on November 16, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Comprehensive Guide Plan Amendment; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Comprehensive Guide Plan Amendment and authorizes staff to forward the amendment to the Metropolitan Council subject to approval of the lot split in Planning Case 04- RESOLUTION 2004 - 68 -LS and recording the recombination of Tract B with the SKB Environmental site. ADOPTED this 16 day of November, 2004 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 2 City of Rosemount Ordinance No. B - AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE SKB Environmental, Inc. THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1 . Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance, is hereby amended to rezone from AG, Agriculture to WM, Waste Management, the following property located along the eastern edge of the landfill site at 13625 Courthouse Boulevard, Rosemount, Minnesota, legally described as follows: All that part of the Northwest Quarter of the Southeast Quarter of Section 20, Township 115 North, Range 18 West, described as follows: Beginning at point on the North and South Quarter section line of said Section 20, 330 feet South of the intersection of said Quarter line with the Southerly right -of -way line of S.T.H. No. 55, thence North along said Quarter line to the center of said highway, thence Southeasterly along said centerline 660 feet, thence South and parallel with said Quarter line to a point 330 feet South of the Southerly right -of -way line of said highway, thence Northwesterly 652.81 feet to the point of beginning, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Excepting there from the West 170 feet South of a line described as follows: Beginning at a point on the North and South Quarter section line of said Section 20, 330 feet South of the intersection of said Quarter line with the Southerly right -of -way line of S.T.H. No. 55, thence North along said Quarter line 103.00 feet, thence Easterly at a right angle with said Quarter line 170 feet. Section 2 . The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled "Zoning Map of the City of Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this 'Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Ordinance B- Section 3 . This ordinance shall be effective subject to Metropolitan Council approval permitting the City to implement the Comprehensive Plan Amendment, immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 17 day of August, 2004. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of 2004. 51TE MAP PROPERTY ID NUMBER: 34- 02000 -010 -86 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2005): FEE OWNER: SKB ENVIRONMENTALINC LAND: MOM LOT SIZE TYPE S.FAM.RES COMMON NAME: MINNESOTA INDUSTRIAL CONTAINMENT FAC. BUILDING: YEAR BUILT 1957 251 STARKEY ST . TOTAL: 40006 176,955 TOTAL SO FT ARCH/STYLE ONE STORY PO BOX 7216 4.06 TOTAL ACRES FOUNDATION SO FT 1557 SAINT PAUL MN 55107 -0216 SCHOOL DISTRICT: 196 34,422 ROAD R/W SO FT FINISHED SO FT 1557 BEDROOMS 4 PROPERTY ADDRESS: 13625 COURTHOUSE BLVD LOCATION: NW 114 SE1/4 SECTION 20- 115 -18 BATHS 1.5 ROSEMOUNT MN 55068 FRAME WOOD PAYABLE 2005 HOMESTEAD STATUS: NON HOMESTEAD GARAGE SQ FT 0 PAYABLE 2004 TAXES OTHER GARAGE SIN TUC GR WATERSHED DISTRICT: VERMILLION RIVER MISC BLDG NET TAX:F SPECIAL ASSESSMENTS: 0.00 LAST QUALIFIED SALE: TOTAL TAX & SA: eta DATE: 311993 AMOUNT: 1NNOWIP PAYABLE 2005 ASMNT USAGE:RESIDENTIAL E N D9 S15 13420 G�1`tt� t.• 13273 jNDUSTiZt A �- t�I CLI L7 Iz�.. S Ri 1 C-T ! " {ANA E14_ T A 113650 D 15"C R I Cr 13701 50 Cart }�NS PC -+qcN � , ,QcMEt�lpl"( A IUD \ \; 2Ez.ort �ntl.� rCwM A hfuGU.�.Tu.2.� To f.�.1 P�"CE- A/IPcIYAG�trM�N,"T ,� �G R�I,�Ut �ZUt IZ� NOTE: Dimensions rounded to nearest foot. PLAT NAME SECTION 20 TWIN 115 RANGE 18 N Copyright 2004, Dakota County - TAX DESCRIPTION: S OF STH COM A OF SE 30 FT / S This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. OF INT W LINE & HGWY N TO CEN HGWY SE ON CEN 660 FT S This drawing is a compilation of records, information and data located in various city, county, and & PARR TO W LINE 330 FT W state offices and other sources, affecting the area shown, and is to be used for reference purposes TO BEG 3nly. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are 005000 2011518 `ound,please contact Dakota County Survey and Land Information Department. Nap Date: August 13, 2004 Parcels Updated: 8/5/2004 Aerial Photography: 1990 3.1.7 Waste Management This waste management land use element properly identifies a special use district. It allows the City to pro - actively determine where private waste related activities may be compatible. with other uses and should, therefore, be located. It allows the City to protect private waste management activities from infringement by incompatible uses. It also allows the City to establish proper regulations and responsible management for private waste related activities. Policy review and analysis is an on -going requirement in any growth _ management plan. The need for continual policy analysis in waste management planning is particularly vital due to the rapid changes in waste management technology, regulatory direction, and public sentiment towards waste reduction, reuse, recycling, resource recovery, and disposal Policy It is the City's policy to: 1. permit private waste management activities only when the public health, safety, and welfare is ensured as reviewed /approved by appropriate agencies (e.g., Minnesota Pollution Control Agency and Dakota County); 2. require that private waste management activities occur in locations that minimize or eliminate conflicts with other uses; 3. permit private waste management activities only when potential or known conflicts or impacts are eliminated or properly mitigated; 4. require that any private waste management facility employ the best available technology regarding environmental protection controls; 5. allow private waste management facilities only when the economic benefits, incentives, and other advantages to the City and community clearly outweigh any known or potential negative aspects of a facility; and 7. permit private waste management facilities only when the proper infrastructure exists to serve facilities or when proper improvements are made without expense or burden on the City. 6.1 AG AGRICULTURAL DISTRICT: A. Purpose and Intent: This District is primarily established to encourage the long term continuation of agricultural and related uses in the City in areas which are both suitable for agriculture and are not planned for urban development. B. Permitted Uses: 1. Agriculture, including accessory and related uses. 2. Commercial Greenhouses and Landscape Nurseries. 3. Commercial Livestock, Furbearing Animals, and Fowl; Dairy Farming; and Commercial Horse Stables provided a. The site shall not be less than twenty (20) acres in size; b. All structures shall be located a minimum of seventy -five (75) feet from all residential property lines. 4. Essential Service Facilities. 5. Keeping of Horses, provided: a. The site shall not be less than five (5) acres in size. b. All structures shall be located a minimum of seventy -five (75) feet from all residential property lines. c. The maximum number of horses shall not exceed one per two (2) acres. 6. Single- Family Detached Dwellings, subject to Section 4.15 of this Ordinance. C. Accessory Uses: 1. Agricultural Product. Stands. 2. Gazebos and Screened Porches. 3. Home Occupations, subject to Section 4.16 of this Ordinance. 4. Private Detached Garages. J 5. Private Outdoor Recreation, customarily associated with a residence. Swimming pools shall be subject to Section 5 -3 -1 of the Rosemount City Code. 6. Recreational Vehicle Storage, subject to Section 8 -2 -5 of the Rosemount City Code. (Ord. B -141 7- 20 -04) 7. Roomers, a maximum of two (2) per dwelling unit. 8. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance. D. Conditional Uses: 1. AM Radio Antennas and Supporting Towers and related accessory structures. This use may be permitted only on properties situated in that part of the City north and east of State Trunk Highway 55. 2. Commercial Outdoor Recreation. 3. Golf Courses, including accessory and related uses. 4. Kennels, provided: a. The site shall not be less than twenty (20) acres in size. b. All structures shall be loc ated a minimum of seventy -five (75) feet from all residential property lines. 5. Mineral Extraction, provided the site is east of State Trunk Highway 52 on properties situated within one -half ( 1 /2) mile of County State Aid Highway 42. 6. Transmission Facilities greater than one - fourth ( /4) mile in length. 7. Public Parks, owned and operated by a governmental unit, including recreational facilities and structures consistent with the public area. 8. Cement or Concrete Production provided the site has an approved mineral extraction permit in compliance with Section 12.4 (Mineral Extraction) and Section 12.7 (Conditional Use Permit). In addition to these sections, the performance standards outlined in Section 12.4.J shall apply. (Ord. B -132 8 -7 -03) E. Uses Permitted by PUD: 1. None. F. Minimum Lot Requirements and Setbacks (See Supplemental Yard Regulations): 1. Minimum Lot Area: ........................................................... 2.5 acres 2. Minimum Lot Width: ......................................................... 300 feet 3. Minimum Front Yard Setback: a. Principal Structure:.. ......................... ............................... 50 feet b. Accessory Structure :......................... ............................... 50 feet c. Surface Parking, excluding driveways: ............................ 50 feet 4. Minimum Side Yard Setback: a. Principal Structure :........................... ............................... 30 feet b. Accessory Structure :......................... ............................... 30 feet c. Surface Parking, including driveways :.:............................ 5 feet 5. Minimum Rear Yard Setback: a. Principal Structure :........................... ............................... 30 feet b. Accessory Structure: ........................................................ 30 feet c. Surface Parking excluding driveways: .. ......................... 5 feet 6. Maximum Gross Density: .............. .......1 dwelling unit/40 acres 7. Maximum Building Height: a. Principal Structure :........................... ............................... 50 feet b Accessory Structure :......................... ............................... 75 feet M 6.17: WM WASTE MANAGEMENT DISTRICT: A. Purpose and Intent: This District is intended to accommodate waste industries and the inherent environmental problems associated with waste management. B. Uses Permitted by Interim Use Permit: 1. Non - hazardous industrial waste containment facility. (Ord. B, 9- 19 -89) 2. Construction Demolition Waste Facility subject to the following restrictions: a. Facility construction debris do not exceed 200,000 cubic yards of total permitted waste volume within the Rosemount Corporate Limits. Recycling operations subject to requirements. of Section 12.5 (Ord. B -126, 3 -6 -03) b. The facility is developed, operated and maintained in accordance with an approved Interim Use Permit by the City of Rosemount and all other applicable local, state and federal laws. c. Permits for the facility by the State of Minnesota and Dakota County are pending or have received approval. (Ord. B -64, 6- 18 -96)