HomeMy WebLinkAbout9.c. Shafer Contracting Zoning Text Amendment CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: July 20, 1999
AGENDA ITEM: Shafer Contracting-Zoning Text Amendment AGENDA SECTION:
New Business
PREPARED BY: Rick Pearson, City Planner AGEND "� -
ATTACHMENTS: PC minutes (5-25-99); Section 6.1 Agriculture; APPROVED BY:
12.4 Mineral Extraction;Applicant's
Correspondence � `
Applicant: Lance Johnson, Scott Spisak of Shafer Contracting Co.,Inc.
Location: 1/4 mile west of Rich Valley Blvd; 1.25 miles north of County Road 38
(135th St.)
Property Owner(s): Lance Johnson
Area in Acres: 93 total; 56 acres additional(37 original)
Comp. Guide Plan Desig: Agriculture(Conservancy in 1993 Comp.Guide Plan)
Current Zoning: Agriculture
Planning Comm. Action: Recommendation of approval(3-2)
SUMMARY
This zoning text amendment would expand the potential for mineral extraction in the Agriculture District.
Currently,mineral extraction is allowed east of U.S. 52, '/z mile either side of CSAH 42. The Johnson property
would have to be described along with any other areas to be legitimized by the amendment to be consistent with
the standard zoning ordinance practice. The topic of mineral extraction in general has been introduced at the
City Council Committee of the Whole on June 23, 1999. Policy direction for mining and this application in
particular is not available this early in the process. However, Shafer Contracting needs action on their
application because of the pending expiration of their purchase agreement with Lance Johnson at the end of
July.
PLANNING COMMISSION PUBLIC HEARING
On May 11 and 25, 1999,the Planning Commission conducted the public hearing as required for the
application. Testimony from neighboring property owners and Inver Grove Heights residents of the 117th
Street and County Road 71 area concentrated on traffic issues. After considerable discussion, three of the
Planning Commissioners indicated that they would be in support of expanding the mineral extraction allowance
to include the entire Johnson property. Some Commissioners even discussed the circumstances that would
allow expanding the permit to include the entire mining area indicated in the Markham Sand& Gravel
Environmental Assessment. However,the consensus would suggest that land beyond the Johnson property
should go through the same process as Shafer to legitimize mining.
The Commissioners in favor of the amendment generally believed that the Shafer request offered the best
opportunity to ultimately restore the property and be in support of local business. The dissenting
Commissioners felt that additional time was needed for the Council policy direction to be provided and that a
better"track record"needed to be established before the permit should be allowed to expand.
RECOMMENDED ACTION:
Motion to adopt a zoning ordinance amendment which will allow expansion of the mineral extraction permit
in the Agriculture District for the property currently owned by Lance Johnson as proposed by Shafer
Contracting.
-or- '
Motion to direct staff to prepare findings of fact in support of denial of the zoning text amendment for
Mineral Extraction in the Agriculture District.
CITY COUNCIL ACTION:
.��-
Planning Commission
• Regular Meeting Minutes
May 11, 1999
Page 2
MOTION by Droste to recess the meeting unti17:00 p.m. Motion carried unanimously.
Public Hearing: Shafer Contracting Co.. Inc. CUP and Zoning Text
Amendment
Chairperson Droste opened the public hearing on the application by Shafer Contracting Co., Inc.
for a Conditional Use Permit for Mineral Extraction and a Zoning Ordinance Text Amendment.
The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and
Posting of a Public Hearing Notice on file with the City.
Mr. Pearson summarized the requests by Shafer Contracting. The CUP is for mineral extraction
on the Lance Johnson property,which is located in the Agriculture district. Currently,mining is
permitted in the General Industrial district and is limited in the Agriculture district to an area
within '/z mile on either side of CSAH 42, east of Hwy. 52. The requested amendment to the
zoning ordinance would allow mining in an area where it currently is not allowed. The zoning
text amendment must be approved prior to the CUP. The CUP would include an additiona153
acres and would set up future phasing plans to the west. While existing standards for mineral
. extraction remain, the CUP process incorporates additional conditions and findings.
Chairperson Droste opened the floor to the applicant. David Sellergren, attorney for Shafer
Contracting, Scott Spisak,Vice President of Shafer Contracting, and Steve Nicholson,
Consultant Forester were present.
Mr. Sellergren explained Shafer's request for a zoning text amendment versus a zoning change in
order to establish permanent, long-term parameters for the mining operation. Shafer understands
that non-compliance with any of the conditions could result in revocation of the CUP. Mr.
Sellergren referenced the environmental review previously done and indicated that another
review is not required. He indicated that berming,plantings and cleanup will be done
immediately.
Scott Spisak provided background information on Shafer Contracting and the structure of the
operation. He explained the various uses for aggregate, and listed the numerous consultants
utilized for this mining operation. Primary access to the property would be via an easement over
Koch property or 120th St. No access is intended through the Koehnen property. Mr. Spisak
reviewed existing and proposed mining operations,haul routes, dust control, and the phasing
plan. Shafer will immediately construct additional berm along both sides of the Koehnen
property and the eastern edge of the pond area. The existing pond will be moved and the pipe
sealed so drainage no longer goes north to the Koehnen property. Mr. Spisak assured the
� Commission that Shafer will comply with the 19%z acre limitation on maximum open mining
Planning Commission .
• Regular Meeting Minutes �
May 11, 1999 � _
Page 3 _
area allowed at one time and that reclamation will follow each advancement to the west. Mr.
Spisak estimated a timeframe of approximately 20 years for this mining operation.
Steve Nicholson addressed tree preservation issues. He proposed immediately moving trees to
berms and buffer zones. He further proposed the establishment of a nursery with plant stock for
later use in an effort to establish tree diversity on the site. '
In response to Mr. Pearson's outline of the negative impacts of expanding the mining permit,Mr.
Sellergren indicated the improvement to the existing operation would provide a benefit,
inspections are encouraged and may result in a comfort level requiring less monitoring, Shafer
will post a bond to negate any financial drain on the city,the mining operation will not be : _
. :. .
increased and will be better managed and restored, and the surrounding area is not planned`for �
urban development.
Commissioners reviewed the proposed grading elevations.
• _ Chairperson Droste opened the floor to the public.
Joan Schnieder, 12255 Rich Valley Blvd., expressed concerns with prior reclamation promises
not kept, water contamination, traffic,recycled&contaminated material hauled to the site, and
the lack of policing to control dumping& shooting in the area. Ms. Schnieder opposes the
expansion of the mining operation.
Charlie Koehnen, 12255 Rich Valley Blvd.,noted that taxes on this property have not been paid
to the County by Lance Johnson. Additionally,Mr.Johnson has not reclaimed the property.
Marsha Mrozinski, 11771 Rich Valley Blvd.,Inver Grove Heights, expressed her concerns with
truck traffic and drivers' failure to obey stop signs and speed limits, along with dust and noise
pollution. She would like to see limits placed on the hours and days of operation.
Bob Plan, 11889 Rich Valley Blvd.,Inver Grove Heights,wants to see a limitation on the hours
of operation and no activity on the weekends. He is also concerned about the traffic. He
indicated that oil or gas was found in the water,which raises concerns of pollution.
Chris Plan, 11815 Rich Valley Blvd.,Inver Grove Heights, also expressed concerns with traffic
and pollution.
� Discussions continued conceming the storm water storage pond and pollution concerns. .
/
Planning Commission
� Regular Meeting Minutes
May 11, 1999
Page 4
Mr. Spisak responded to residents' concerns. He explained there is a designated recycling area.
Any existing,recycled materials located elsewhere on the property will be moved to the
designated area. While no contaminated materials were found in the environmental review, if
anything is uncovered,it will be disposed of properly. A gate has been installed to prevent
unlawful dumping in the mining area. No increased traffic is expected and there are no plans to
operate at night. Shafer has a safety director on staff to monitor any complaints against their -
drivers. Mr. Spisak indicated he is willing to meet with residents to address their concems.
Commissioner Shoe-Corrigan identified issues of whether this use is compatible with the
neighborhood and the timeframe for the mining operation. A long-term mining operation would
have an impact on the lives of the neighborhood. She believes this company would be an asset to
the community. The reclamation plan is the best seen and the operation would be an
improvement over what is usually done.
Commissioner Weisensel recognized the concems of the neighbors but felt those issues would be
addressed by the city council. He supported the reclamation plan and proceeding with a
� recommendation of approval.
Commissioners discussed terms and conditions to be included in the CUP. Staff was instructed
to draft recommendations based upon Commissioner comments and to bring this matter back on
May 25. Discussion continued concerning the area to be covered by the text amendment.
Commissioner Weisensel indicated he would be interested in including more than the 93 acres
involved in this application. Following further discussion, Staff was instructed to limit the
zoning text amendment to 93 acres and future requests for mining permits in the Agriculture
district would be addressed on a case-by-case basis.
MOTION by Droste to table action regarding the zoning text amendment and the conditional
use permit until May 25, 1999. Seconded by Shoe-Corrigan. Ayes: Shoe-Corrigan, Weisensel,
�Tentinger, and Droste. Nays: 0. Motion carried.
There being no further business to come before this Commission,upon MOTION by Droste and
upon unanimous decision,the meeting was adjourned at 9:45 p.m.
Respectfully submitted,
k�
� Dianne G. Qu�ell,Recording Secretary
6.1 AG AGRICULTURE DISTRICT
D. Conditional Uses:
5. Mineral Extraction,provided_
a. The site is east of State Trunk Highway 52 on properties situated
within one-half(1/2)mile of County State Aid Highway 42: OR
b. The site is no less than one(1)mile north of Countv Road 38 on
properties situated within one mile west of Countv Road 71; AND
c The propertv is not contiguous to anv residential zonin�district,
and is at least one thousand(1000) feet from anv such zonin�
district within the Cities of Rosemount or Inver Grove Heights;
AND
d. Environmental Review,pursuant to the Minnesota Environmental
Policv Act Minn. Stat. Chapter 116D, includin�the propertv has
been com�leted by June 1. 1999.
6: DISTRICT USE REGULATIONS:
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
azeas which are both suitable for agriculture and aze 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.
City of Rosemount
Page 44
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.
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 4.9 of this
Ordinance.
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.-
7
4. Kennels,provided:
� a. The site shall notbe 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.
City of Rosemount
Page 45
5. Mineral Extraction,provided the site is east of State Trunk
Highway 52 on properties situated within one-half ('/z)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 azea.
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
City of Rosemount
Page 46 �
c. Surface Parking,excluding driveways: . . . . . . . . . . . . . . . . 5 feet
6. Maximum Gross Density: . . . . . . . . . . . . . 1 dwelling unidl0 acres
• 7. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 feet
6.2: AGP AGRICULTURAL PRESERVE DISTRICT:
A. Purpose and Intent: This District is expressly established to allo land
owners to comply with the requirements of the Metropolitan Ar
Agricultural Preserves Act,Minnesota Statutes, chapter 473
B. Per itted Uses:
1. Agric lture,including accessory and related u s.
2. Commerc 1 Livestock,Furbearing Ani als, and Fowl; Dairy
Farming; an Commercial Horse Sta es provided;
a. The site shall t be less than ri enty(20) acres in size;
b. All structures shall e loca d a minimum of seventy-five(75)
. feet from all residenti operty lines.
3. Essential Service Faci ' 'es.
4. Keeping of Horse ,provided: :
a. The site s 1 not be less than five(5) cres in size.
b. All st ctures shall be located a minimum seventy-five (75)
' feet om all residential property lines.
c. he maximum number of horses shall not exceed o per two (2)
acres.
5 Single-Family Detached Dwellings, subject to Section 4.15 of this
Ordinance.
City of Rosemount
Page 47
2. Exceptions:
a. Where information is on file in the City Hall (i.e.,
information submitted and approv in formal
tting) some of the requirements ay be waived at
the ' cretion of the Comm 'ty Development
Departme
b. Addirions to existin ctures,centers or complexes,
approved by the C� , m be exempt from some of
the requireme s, dependi on the level of
informatio on file and the r tionship of the
propose ddition.
. c. A other exceptions must be approved the
ommission according to procedures conta d
herein.
12.4: NIINERAL EXTRACTION:
A. Permit Required: It shall be unlawful for any person, firm or
corporation to remove, store or excavate rock, sand, gravel, clay,
silt or other like material in the City, or to fill or raise the existing
surface grades, without receiving a pemut for mineral extraction.
Such pernuts may only be issued in the zoning district when mineral
extraction is listed as a permitted use with special restrictions.
Furthermore, mineral extraction shall not be allowed in that portion
of Rosemount located west of AlQon Avenue, so as not to interfere
with the orderly growth and expansion of public utilities.
B. Exceptions: An extraction permit shall not be required for any of
the following:
1. Excavation for a foundation, cellar or basement of a
� building if a building permit has been issued.
2. Excavation by State, County or City authorities in
connection with construction or maintenance of roads,
highways or utilities.
City of Rosemount
Page 193
3. Curb cuts, utility hook-ups or street openings for which
. another permit has been issued by the City.
. 4. Excavation less than one hundred (100) square feet in azea
or one (1) foot in depth.
5. Excavation or grading for agricultural purposes.
C. Application, Public Hearing, Notice and Procedure: The
application, public heazing, public notice and procedure
requirements for mineral extraction permits shall be the same as
those for amendments as provided in Section 11.14 of this
Ordinance, except that the permit shall be issued on the affirmative
vote of a majority of the entire Council. Application for the
extraction permit shall be made in writing in the form specified by
the City. The application shall contain the following information:
1. The conect legal description of the land upon which
excavation is proposed.
2. The name and address of the applicant, the owner of the
land and the person or corporation conducting the actual
- removal operation.
3. The names and addresses of all adjacent land owners within
three hundred fifty (350) feet or, if the subject property is
located in Agricultural (AG), Agricultural Preserve (AP) or
Rural Residential (RR) District, within one-fourth (1/4)
mile.
4. The purpose of the proposed excavation.
5. The estimated time required to complete the proposed
excavation and rehabilitation.
� 6. The names of the highways, streets or other public roadways
within the City upon which the material shall be transported.
City of Rosemount
. Page 194
D. Standards: The following standards shall apply to all extraction
operations:
1. Boundary: Extraction operations shall be conducted within
the confines of the excavation site described in the
� application.
2. Access: Extraction operations shall only be allowed on sites
which have direct access to either a pri.ncipal arterial, minor
arterial, a collector street, or to a local street if app roved by
the Public Works Department, as designated in the City of
Rosemount Comprehensive Guide Plan.
3. Prohibited Areas: Extraction operations shall not be
conducted within the following:
a. Five (5) feet of the right of way or easement of an
existing public utility.
b. Thirty (30) feet of the boundary of an adjoining
property which is not being used for extraction
operations.
c. Fifty (50) feet of the right of way of a public street
or highway.
4. Phasing of Operations: Extraction operations to be
conducted on a site larger than fifteen (15) acres shall be
subject to the following requirements:
a. A phasing plan must be prepared which limits
operations to a maximum area of fifteen (15) acres
per phase of operations. '
b. A mineral extracrion pernut for the first phase of an
" extraction operation shall be limited to a maximum
area of fifteen (15) acres. An extraction pernut for
phase two (2) or subsequent phases of a mineral
extraction operation shall not be issued until at least
seventy (70) percent of the previous phase of
operations has been rehabilitated according to an
approved comprehensive rehabilitation plan.
City of Rosemount
Page 195 �
c. No mineral extraction permit shall authorize
extraction operations to be conducted in more than
two (2) phases of an extraction operation
concurrently.
� d. No mi.neral extraction permit shall authorize
extraction to be conducted on more than nineteen
and one-half(19'/z) acres at one time.
5. Fencing: During excavation operations, access to any area
where collections of water are one and one-half(l lh) feet in
depth or more or where excavation slopes aze steeper than
one (1) foot vertical to one and one-half(11/z) feet horizontal
and any other areas where obvious danger to the public exists
shall be controlled by a fence erected and maintained azound
the entire site or portions thereof and shall be a type specified
by the Council.
6. Appearance and Screening:
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be promptly
removed from the excavation site.
c. Within three (3) months after the termination of
excavation operations or within three(3)months after
the expiration of the extraction permit provided by
this Ordinance,the applicant or owner shall dismantle
buildings and structures incident to excavation
operations and shall grade the excavation site as well
as complete all rehabilitation on the site as provided
by the rehabilitation plan. �
d. When required, the perimeter of the excavation site
" shall be planted or otherwise screened.
e. Existing tree and ground cover shall be preserved to
the maximum extent feasible, maintained or
supplemented by selective cutting, transplanting and
replanting of trees, shrubs and other ground cover
along all setback areas.
City of Rosemount
Page 196
7. Excavation Operating Standards:
a. Noise: Maximum noise level at the perimeter of the
excavation site shall comply with the limits or
standards established by the Minnesota Pollution
Control Agency and the United States Environmental
Protection Agency.
b. Hours: All excavation operations shall be conducted
between seven o'clock(7:00)A.M. and seven o'clock
(7:00) P.M., Monday through Saturday only. The
Council may restrict excavation,processing or related
operations on legal holidays if such activities cause
noise or other disturbances offensive to adjacent
• property owners.
c. Explosives:The use and handling of explosives at the
excavation site shall be coordinated with the Police
Department. Blastin, shall occur only at hours
specified in the extraction permit.
d. Fugitive Dust: Excavation operators shall use all
practical means to reduce the amount of fugitive dust
generated by excavation operations. In any event,the
amount of dust or other particulate matter generated
- by the excavation shall not exceed air pollution
standards established by the Minnesota Pollution
Control Agency.
e. Water Pollution: Excavation operators shall comply
with all applicable Minnesota Pollution Control
Agency and Department of Natural Resources
regulations and all applicable United States
Environmental Protection Agency regulations for the
protection of water quality. No waste products or
- processed residue, including untreated wash water,
. shall be deposited in any public waters of the State of
Minnesota.
f. Topsoil Preservation:All topsoil shall be retained at
the excavation site until the completion of
City of Rosemount
Page 197
rehabilitation work in accordance with the
. rehabilitation plan.
. g. Slopes During Excavation Operations: During the
� entire period of operations, all excavations other than
the working face, shall be sloped on all sides to a
maximum ratio of one (1) foot horizontal to one (1)
foot vertical,unless a steeper slope is approved by the
City. Where excavations are adjacent to a public
roadway or other right of way, the excavation shall
have a maximum slope of four(4) feet horizontal to
one (1) foot vertical. Slopes adjacent to waterways
shall not exceed six(6)feet horizontal to one(1) foot
vertical.
h. Equipment: All equipment and machinery shall be
operated and maintained in such a manner as to
minimize dust, noise and vibration. Power drives or
power-producing machines shall not be housed or
operated less than one thousand (1,000) feet from a
residential use. Access roads shall be maintained in
dust-free condition by surfacing or other treatment as
may be specified by the City Engineer.
i. Processing: Crushing,washing and refining, or other
similar processing may be authorized by the Council
as an accessory use, provided, however, that such
accessory processing shall not be in conflict with the
use regulations of the district in which the operation
is located.
j. Council Waiver: The Council, at the time of issuance
of the extraction pemut,may waive or modify any of
the provisions in this Section or impose additional
, requirements if it finds that the plan of operation or
other materials submitted with the application or other
factors make appropriate more suitable measures for
standards consistent with the public health,safety and
welfare.
City of Rosemount
Page198
E. Special Requirements:The Council,as a prerequisite to the issuance
of an extraction permit,or after an extraction permit has been granted,
may require the applicant or owner of the premises to:
1. Reimburse the City for the cost of periodic inspections for the
� purpose of determining that the provisions of the extraction
permit and this Ordinance are being followed.
2. Submit to council a detailed map of the streets on which the
material removed shall be transported(haul roads). The City
shall inspect the haul roads proposed to be used by the
applicant or owner and shall recommend to the Council
necessary upgrading or repairing of the haul roads prior to
their use by the applicant or owner. The Council shall
designate the haul roads and shall incorporate the
recommendations of the responsible City officials in the
extraction permit issued to the applicant. It shall be the
responsibility of the applicant or owner to maintain the haul
roads in accordance with the provisions set forth in the
permit. City shall periodically inspect haul roads to insure
compliance with the permit. During the period of or upon
completion of the excavation operations, the applicant or
owner shall make any necessary repairs to the haul roads as
recommended by the City. All costs of inspection provided
for in this paragraph shall be bome by the applicant or owner.
The use of the haul roads shall be further subject to any road
and weight restrictions imposed by the City.
3. Submit annually in writing to the Council the estimated
quantity of minerals to be excavated. If the quantity of
minerals to be excavated is for any reason likely to exceed the
original estimate herein required,the applic�ant or owner shall
notify the Council of the change in estima`ted quantity.
4. Comply with such other requirements as the Council shall
� from time to time deem proper and necessary for the
protection of its citizens and the general welfare.
F. Inspections: The City may inspect all excavation sites where an
extraction permit has been issued. The operator or owner of any
excavation operation found in violation of the requirements of this
City of Rosemount
Page199
� Ordinance or its extraction pernut shall remedy such violations within
the time specified by written notice from the City.
G. Duration of Extraction Permit: The excavation license shall run
from January 1 through December 31 of the same year or for a lesser
period of time as the Council may specify at the time of issuance of
the extraction permit. If the extraction permit is to run for less than a
full yeaz, the fee shall be prorated as determined by the Council.
H. Extraction Permit Fee: The applicant or owner of the premises on
which the excavation operation is located shall annually submit to the
Council written estimates of
1. The total area of the mineral extraction operation(expressed
. in acres) to be actively mined during the forthcoming year;
and
2. The total azea for which an extraction permit permitting
mineral extraction operations has been granted(expressed in
acres) which will not be actively mined in the forthcoming
year.
� 3. The Council shall,by resolution, establish an annual per acre
permit fee.
I. Surety Bond:The Council shall require the applicant or owner of the
premises on which the excavation operation is located to post a surety
bond with a surety acceptable to the City, cash escrow or letter of
credit("security") in an amount determined by the Council, running
� to the City, conditioned to pay the City the extraordinary costs and
expense of repairing any streets where such repair work is made
necessary by the special burden resulting from hauling and travel,and
removing material from any pit or excavation, and conducting
required rehabilitation and conditioned further to comply with all the
. requirements of this Ordinance and the particular extraction permit,
and to pay any expense the City may incur by reason of doing
anything required to be done by any applicant to whom a permit is
issued. The security shall remain in full force and effect for a
minimum period of one year after expiration of the extraction permit
to guarantee the required rehabilitation as well as the other
requirements herein provided.
City of Rosemount
Page 200
D O H E RTY 3�04 Fifth Street Tower>
1�0 South Fifth Street
RUMBLEbtinneapolis,blinnesota Si102-12i�
& BUTLER Telephone(612)677-15t�
ErVC(612)677--1SC0
PROFESSIONAL ASSOCIATIOv
Attorneys at Law ��'riter's direct dial number.
(612)677-4571
selled@drblaw.com
Apri19, 1999
City of Rosemount
Mayor Busho and City Council
c/o Thomas Burt, City Administrator
2875 145`� Street West
Rosemount, Minnesota 55068-4997
Re: Lance Johnson Property and Shafer Contracting-Mineral Extraction
Dear Mayor Busho and Members of the City Council:
This letter constitutes Shafer Contracting Company, Inc.'s ("Shafer Contracting") Application for
an Amendment to the City of Rosemount's Zoning Ordinance, and for a Conditional Use Permit.
This property is uniquely situated for appropriate long-term mining use: (1) it has already been mined
for many years; (2) it is marginal land for agricultural use; (3) it is nearly entirely sunounded by the
large "buffer" land holdings of Koch Refinery; (4) it contains significant quantities of resource
material; (5)it was identified as subject to mining in an Environmental Assessment over 20 years ago.
Shafer Contracting, a substantial and responsible highway contractor with an exemplary record of
other sand removal operations in this and other locations, proposes to acquire ownership from Mr.
Lance Johnson so that the resource is available for its business purposes. This application is
submitted with the knowledge and consent of the owner, Mr. Johnson.
Shafer Contracting's submission of these applications is not and should not be deemed a waiver of
any and all e�sting legal rights to continue use of the Lance Johnson property for mineral extraction.
Sh�fer Contracting holds a contract right to purchase NIr. Johnson's property. Shafer Contracting
simply wishes to cooperate with the City to ensure a quality working relationship for future years.
We specifically reserve all existing land use rights for the property, for the present owner of the
property, Mr. 7ohnson, and for Shafer Contracting, the applicant. Please find enclosed substantive
materials supporting Shafer Contracting's application and its legal rights to continue to mine the
Lance 7ohnson property.
We also set forth legal analysis which supports Shafer Contracting's request and which has been
previously submitted to the City Attorney.
St.Paul•blinneapolis•Denver•San Rnmon •iYashn�g;on,D.C.
DOHERTY
RUMBLE
� BT �,�R City of Rosemount
_ V 1 Apri19, 1999
PROFESSIONAL ASSOCIATION
Page 2
Subject to the preceding reservation of rights, Shafer Contracting requests the following amendment
to the City of Rosemount Zoning Ordinance:
Section 6.1, subdivision D (5) sha11 be amended to read:
Mineral Extraction, provided:
(1) The site is east of State Trunk Highway 52 on properties situated within one-half
(1/2) mile of County State Aid Highway 42; OR
(2) The following conditions are satisfied:
a. The property sought to be used for mineral extraction is currently used or
intended for use as a mining operation.
b. A portion of the property is currently used for mining pursuant to a mineral
extraction pernut issued by the City of Rosemount.
c. The property is not contiguous to any residential zoning district, and is at least
one thousand (1000) feet from any such zoning district.
d. Environmental Review, pursuant to the Minnesota Environmental Policy Act,
Minn. Stat. Chapter 116D, including the property has been completed.
e. Upon completion of the mining, the property must be returned to a condition
which is compatible with uses permitted in the Agricultural zoning district, or
the Rural Residential zoning district.
In addition to the textual amendments set forth above, Shafer Contracting seeks a Conditional Use
Peimit pursuant to Section 12.7 of the City of Rosemount Zoning Ordinance, authorizing its
proposed long-term operations on the Lance 7ohnson property. Further, Shafer Contracting requests
that Comprehensive Plan amendments, if any, necessitated by this application be made.
_ MunsoCi 588313.1
DOHERTY
Rv 1v1B� 'r' City of Rosemount
_ �L B V 11�R Apri19, 1999
PROFESSIO�IAL ASSOCIATION Paae 3
b
If you have any questions relating to these issues, please do not hesitate to contact me. As previously
discussed with the City Administrator and other City staff members, as well as evidenced by Shafer
Contracting's flexibility with respect to new conditions in the 1999 mining permit, Shafer Contracting
is quite prepared to work cooperatively with the City on these matters.
Sincerely yours,
� �
avid C. Sell ren
DCS/eka
Enclosure
cc: Shafer Contracting Company, Inc.
Mr. Lance Johnson
Bruce Malkerson, Esq.
MunsoG 588313.1
1� rea of Proposed Koehnen Properiy
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Proposed 4ak Savanna
1. The proposed 12'+/-berm-not the proposed plantiiwill be planted from seedlings similar to those
primary means of screening the mine from the Koel�DNR. However,some more mature plants may be
berm will undulate to appear more na.tural and relatdler areas of the site. Seedlings will be planted at a rate
plantings. nable mortality. A qualified forester or landscape
�n site plant spacing and location.
2, The proposed plantings are based on establishing an
(see reforestation plan from Kunde Company,dated to maintain the prairie. Therefore,over a long period
oak savanna will mature and develop into a
3. The berm will be planted with slope stabilization see
at the rate of 30#/acre and prairie savanna resoration
the rate of 10#/acre. Prairie is the dominant ground
The prairie will provide wildlife habitat and erosion
prairie grasses will grow to a height of approximatel
provide additional screening.
� Proposed Berm �
. 7A oFg
Plantings L� D��G NO.
June 25, 1999
Planning Commission
Regular Meeting Minutes '
May 25, 1999 �'
Page 2
Public Hearing: Shafer Contracting Co., Inc. CUP and Zoning Text
Amendment (Cont'd. from 5-11-991
Mr. Pearson summarized the request by Shafer Contracting for a zoning text amendment to
expand mineral extraction in the Agriculture District. The amendment would allow mineral
extraction as a Conditional Use Permit,providing location restrictions and requiring that an
environmental review be completed prior to June l, 1999.
Commissioners discussed issues related to mining outside the Johnson property and hours of
operation. Mining requests at other locations would require another text amendment and city
council approval. Desired times for operation are Monday-Saturday, 7:00 a.m.-7:00 p.m. The
CUP creates a mechanism to tighten the conditions of operation.
Mr.Pearson indicated Shafer requested Paragraph 3 of the CUP be changed from 19 acres to
19'h acres consistent with ordinance standards for mineral extraction. Additionally, that
Paragraph 5 be changed such that the access issue is consistent with the conditions of the current
permit. The buffering provided is more than required, and staff has recommended a double row
of spruce trees 12'high on the berm. In response to a letter from Joan Schnieder, Mr. Pearson
explained that the haulback of materials is not included in the permit and would require separate
city council approval. Changes in the hours of operation would also require city council
approval.
Commissioners discussed city council's opposition to the extension of mining permits and their
responsibility to the applicant to consider this application. Mr. Pearson explained the 60-day law
which requires action on this application by June 11, 1999 or an extension of the deadline.
Commissioner Klassen requested that issuance of the CUP be contingent upon Shafer remaining
as owner. Mr. Pearson explained that a CUP runs with the land and cannot be limited to a
specific owner.
Chairperson Droste opened the floor to the applicant.
Scott Spisak indicated that he contacted each resident who attended the previous meeting in an
effort to address any concerns. Issues presented have been addressed, such as encroachments
onto the Koehnen property,restoration, drainage and ponding. In response to Ms. Schnieder's
letter, Shafer has not bid any projects with the airport which would result in the haulback of
contaminated materials. It is against federal and state regulations, as well as company policy,to
transport contaminated soil. Additionally, Shafer will comply with the hours of operation set by
city ordinance.
David Sellergren addressed issues with the CUP. Shafer does not care whether the access is a
Planning Commission
Regular Meeting Minutes
May 25, 1999
Page 3
public street or an easement. Lance Johnson claimed it was a public street. It is Johnson's
responsibility to resolve the issue. Shafer's consultant forester indicated the spruce trees
recommended by staff are inconsistent with the existing oak savanna and may not survive due to
the drainage system. While there is no visual connection with Koehnen, Shafer is willing to
increase or decrease the berm as directed.
Chairperson Droste opened the floor to the public. The following items were read into the
record: letter dated May 24, 1999 from Joan Schnieder; letter dated July 16, 1998 from the
Minnesota Department of Transportation, addressed to Andy Sanchez and provided by Bob Plan;
letter dated May 25, 1999 from Kunde Co. Inc. addressed to Scott Spisak.
Charlie Koehnen, 12255 Rich Valley Blvd., indicated he does not want the berm, explaining he
cannot see the mining area from his home. Prior to enlarging the mining operation,he wants to
see the pit restored.
Bob Plan, 11889 Rich Valley Blvd., Inver Grove Heights, expressed concerns with the truck
traffic,pollution and noise. He suggested that alternate routes be considered. He also expressed
concerns with haulback activity in the future and a 24-hour operation.
Mr. Spisak responded there is a 5 ton road limit going south of the property. He addressed issues
with alternate routes, noise, and hours of operation.
MOTION by Droste to close the public hearing. Seconded by Shoe-Corrigan. Ayes: Droste,
Shoe-Corrigan,Weisensel,Klassen, and Tentinger. Nays: 0. Motion carried.
Commissioner Shoe-Corrigan indicated she did not approve the mineral extraction pernut for
Lance Johnson because of non-compliance. She feels that,prior to issuing a CUP to Shafer, Mr.
7ohnson should live up to the obligations of his permit and bring the property into compliance.
She is also concerned with the 20 year lifespan for this operation.
Mr. Pearson explained that encroachments have been restored and the turf established. The
minimum standards have been met by Mr. Johnson. Mr. Spisak further explained the first three
phases will be reclaimed prior to expansion.
MOTION by Tentinger to recommend that the City Council adopt a zoning ordinance
amendment which will allow expansion of the mineral extraction permit for the property
currently owned by Lance Johnson as proposed by Shafer Contracting. Seconded by Weisensel.
Ayes: Weisensel, Tentinger, and Droste. Nays: Shoe-Corrigan and Klassen. Motion carried.
MOTION by Tentinger to recommend that the City Council grant a Conditional Use Permit for
Planning Commission
Regular Meeting Minutes
May 25, 1999
Page 4
the 93 acres in the south half of the north half of Section 14, Township 115,Range 19, Dakota
County, Minnesota subject to 1) Conformance with all requirements and standards specified in
Section 12.4 of Ordinance B,the Rosemount Zoning Ordinance; 2) Conformance with the
conditions of mineral extraction as they apply specifically for the property and are reviewed
annually or as required by the City Council attached as Exhibit B; 3)Activity related to the
mineral extraction process shall be confined to an area of no more than 19%2 contiguous acres as
indicated by the phasing plan attached as Exhibit C, and all surrounding property shall be
undisturbed or completely restored and vegetation established in a manner identified in Exhibit
D; 4)No new mineral extraction permits will be issued in the Agriculture District within 1.5
miles of the Conditional Use; 5) Access for the Conditional Use utilizes an easement connecting
to County Road 71, one mile north of County Road 38 via land owned by Koch Petroleum
Group; 6) Traffic volumes and frequency shall be subject to Dakota County approval. Copies of
all required permits from Dakota County or Minnesota Department of Transportation shall be
provided to the City along with any applicable conditions; 7)A landscaped 75-foot setback is
required along the common boundary with the eleven acre Koehnen property. Applicant shall
submit a detailed grading and planting plan to be approved by staff and City Council. The
plantings shall be maintained in good health for the duration of the mining operation, and the
operator shall replace dead trees within the same season. Seconded by Weisensel. Ayes:
Weisensel, Tentinger, and Droste. Nays: Klassen and Shoe-Corrigan. Motion carried.
Public Hearin : Zonin Text Amendment for Initiation of Ordinance
Amen ents
Chairperson roste opened the public hearing on the Zoning T t Amendment for Initiation of
Ordinance ndments. The recording secretary has plac the Affidavit of Publication and
Posting of a Pub � Hearing Notice on file with the City
Mr. Pearson explaine he proposed amendment paragraph 12.11 of the zoning ordinance
changing the application rocedure for text endments. Amendments may be initiated only by
the Council, Commission, o by petition o an affected landowner. The petition will go first to
the City Council for review, an will n be forwarded to the Planning Commission, along with
Council comments, for public he '
Commissioners discussed iss s regar due process and the definition of"affected"
landowner.
MOTION by Weis sel to close the public heari . Seconded by Droste. Ayes: Klassen,
Tentinger, Drost , Shoe-Corrigan, and Weisensel. s: 0. Motion carried.
MOTION y Droste to recommend that the City Council a t a Zoning Text Amendment
conce ' g Paragraph 12.11 changing the application procedure so that applications may be