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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 �erm Plantings— • - — - � , . , �..��� �...�„�� ,_ _�-- ��� _ . . .. . . . _ -_. �� --�, ,------ . . .. �a �`�--� Shru`��ltZmp Larice:J,olins.on .: .:�`. . " . . � �_ ____ P'r°perty..... ; . ..:; �. ..:. .... . � Scatte���lOaks - . . Koch -- --- . v� + --- .. -�. . � Property �n �� . , -,_ + � \` ��i ; .� _ ��y � + +�+ + 4 : ocation Ma ORTH � + p � + .+ ,� ------- - - �. _��,*�. b : .., a � h _ �___�___---- -- _ Prau�e � _—.�_ �— � � �� � � � 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