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HomeMy WebLinkAbout6.b. SKB Environmental - Rezoning & Interim Use PermitCity of Rosemount Executive Summary for Action Citv Council Meetinz Date: Auzust 6. 1996 Agenda Item: SKB Environmental - Rezoning & Interim Use Permit Agenda Section: New Business Prepared By: Andrew Mack AgendIfEM #6-R Senior Planner Approved By: Attachments: Zoning Ordinance Map Amendment; IUP Resolution; IUP Agreement; 7/6/96 Planning Report & attachments; Landscape Plan; 7/18/96 NTCA Public Notice V At it's meeting held on June 18, 1996 the City Council approved a request from SK13 Environmental and PAB Enterprises for a zoning ordinance text amendment to allow a construction & demolition waste facility in a WM Waste Management District by Interim Use Permit (IUP). Council also tabled action on a zoning ordinance map amendment rezoning property from IG General Industrial to WM Waste Management District until an IUP request was submitted and a Host Community Agreement could be presented and negotiated. SKB and PAB are now before City Council requesting approval of an Interim Use Permit to allow expansion of the SKB Rich Valley Demolition Waste Management Facility into the Rosemount Corporate Limits. The attached Planning Report dated 7/5/96 provides a suminary and analysis of this request. The volume limits of 112,000 c.y., along with the facility grading plans form the limits of the waste facility in Rosemount. The volume calculation, which establishes the basis for the host fee, has been rechecked by the applicant's consulting engineer and the City of Inver Grove Heights' consulting engineer for accuracy. The volume limitation, in addition to a variety of other conditions are spelled out in the attached IUP Agreement. No increases in volume or any other changes to the C&D landfill operation can occur without an amendment to the IUP. The term of the IUP will be for 10 years, as requested by the applicant. By the end of this term the facility must be closed or they would be required to request an amendment to the IUP and go through the same procedure once again. The applicant has addressed the requirement for providing a landscaping plan as recommended by the Planning Commission. The plan provides for a total of 20 trees to be planted along the west half of the southern property line which supplements an existing grove of native trees along the western boundary. This plan sufficiently addresses the concerns identified by Staff. In lieu of an additional 40 trees required to be planted on-site, the applicant has agreed to make a cash payment to the City for trees to be planted off-site in a park or other public place. All other requirements of the Zoning Ordinance have been met and Staff recommends approval. Recommended Action: A MOTION to approve an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance, SKB Environmental Rezoning Petition. -and- A MOTION to adopt a Resolution approving an Interim Use Permit and Agreement for SKB Environmental, Inc. and PAB Enterprises of Minnesota, Inc. City Council Action: City of Rosemount Ordinance No. B- AN ORDINANCE AAmNDiNG ORDINANCE B CITY OF RosEmouNT ZONING ORDINANCE, SK8 Environmental Rezoning Petition THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS As FOLLOWS: Section 1. Ordinance No. B, adopted September 19, 1989, entitled City of Rosemount Zoning Ordinance is hereby amended to rezone from IG General Industrial District to WM Waste Management District the following described property located within the City of Rosemount, Minnesota to -wit: Those parts of the South Half of the Southwest Quarter of Section 33, Township 27, Range 22, and Government Lot 1, Section 11, Township 115, Range 19 Dakota County, Minnesota, which lie easterly of the Midwestern Railroad Properties, Incorporated right-of-way (formerly the Chicago, Rock Island and Pacific Railway Company right-of-way); and That part of Governmental Lot 2, Section 12, Township 115, Range 19, lying westerly of the westerly right-of-way of the Chicago and North Western Transportation Company, formerly known as Chicago and North Western Railway Company. 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 a part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 6th day of August, 1996. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this -day of __9 1996. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1996- A REsOLUTION APPROVING AN INTERim USE PERMIT AND AGREEMENT FOR SKB ENviRoNmENTAL, INC. AND PAB ENTERPRISES OF NftNNESOTA,, INC. WHEREAS, the City of Rosemount has received an Interim Use Permit application from SKB Environmental, Inc. and PAB Enterprises of Minnesota, Inc. requesting approval to locate a construction and demolition waste facility in a WM Waste Management District for the following legally described property: Those parts of the South Half of the Southwest Quarter of Section 33, Township 27, Range 22, and Government Lot 1, Section 11, Township 115, Range 19 Dakota County, Nfinnesota, which lie easterly of the Mdwestern Railroad Properties, Incorporated right-of-way (formerly the Chicago, Rock Island and Pacific Railway Company right-of-way); and That part of Governmental Lot 2, Section 12, Township 115, Range 19, lying westerly of the westerly right- of-way of the Chicago and North Western Transportation Company, formerly known as Chicago and North Western Railway Company; and WHEREAS, a construction and demolition waste facility may be approved in a WM Waste Management District as an Interim Use, subject to standards and findings required by the Rosemount Zoning Ordinance; and WHEREAS, on July 9, 1996, the Planning Commission of the City of Rosemount held a public hearing to hear testimony regarding the Interim Use Permit application and the Planning Commission recommended approval of the Interim Use Permit with conditions to the City Council, and WHEREAS, Section 14. 10(C.2) of the Rosemount Zoning Ordinance requires that an Interim Use must comply with all conditions of approval which shall be included in an Interim Use Permit Agreement. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the SKB Environmental, Inc. and PAB Enterprises of Minnesota, Inc. Interim Use Permit request and an Interim Use Permit Agreement as referenced in the attacthed permit document subject to: 1. SKB Environmental, Inc. and PAB Enterprises of Minnesota, Inc. enters into an Interim Use Permit Agreement to comply with all conditions of approval, subject to final review and incorporation of all comments by the City Attorney. 2. A Grading Permit be obtained and all required fees are paid prior to initiating any grading or expansion of the landfill into the Rosemount Corporate Limits. 3. All required approvals are obtained from the City of Inver Grove Heights, Dakota County and the Minnesota Pollution Control Agency. 4. Compliance with all requirements, laws and ordinances of the City of Rosemount, City of Inver Grove Heights, Dakota County and the State of Minnesota. ADOPTED this 6th day of August, 1996. A=T: Susan M. Walsh, City Clerk Motion by: Voted in favor: Voted against: Cathy Busho, Mayor Seconded by: 2 CITY OF ROSEMOUNT, MN July 29,1996 1996 Interim Use Permit Agreement Between SKB Environmental, Inc., PAB Enterprises of Minnesota, Inc., and the City of Rosemount A Construction and Demolition Waste Facility located in the Waste Management District THIS AGREFAIENT, dated this _ day of � 1996, is made by and between SKB Environmental, Inc. (hereinafter "SKB"), a Minnesota corporation; PAB Enterprises of Minnesota, Inc. (hereinafter "PAB), a Minnesota corporation; and the City of Rosemount, a Minnesota municipal corporation (hereinafter the "City"). The parties hereto agree as follows: 1. Descri.ption, This Interim Use Permit is valid only for: Those parts of the South Half of the Southwest Quarter of Section 33, Township 27, Range 22, and Government Lot 1, Section 11, Township 115, Range 19 Dakota County, Minnesota, which lie easterly of the Midwestern Railroad Properties, Incorporated right-of-way (formerly the Chicago, Rock Island and Pacific Railway Company right-of-way); and That part of Governmental Lot 2, Section 12, Township 115, Range 19, lying westerly of the westerly right-of-way of the Chicago and North Western Transportation Company, formerly known as Chicago and North Western Railway Company. 2. Interim Use Permit. SICB and PAB have requested approval from the City for an Interim Use Permit ("IUP") to authorize expansion of the existing SKB Rich Valley Demolition Waste Management Facility ("Facility"), located at 2490 117th Street Inver Grove Heights, MN, into the Rosemount Corporate Limits on the above described property. This permit document, as an attachment to Resolution No. approved by the Rosemount City Council on the _____day of � 1996 shall constitute the approval and issuance of the IUP by the City subject to the conditions and provisions contained herein. Compliance with Minnesota Pollution Control Agency Permit No. SW -343 as reissued on 8/l/95 and any or all subsequent amendments thereto (MPCA Permit), and Dakota County Annual Solid Waste License approved on 12/5/96 and any or all subsequent annual licenses as may be authorized (Dakota County License), which are incorporated herein by reference, are conditions of the IUP. This IUP is issued by the City in accordance with Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19, 1989, as amended, including Section 6.16 B.2. 3. Term of Permit, The expansion of the facility in Rosemount is projected to add an additional 1-2 years of duration to the estimated life of the landfill operation, dependant upon the rate of fill, the extent to which the successful recycling of waste product can be accomplished and other facility operational factors. With the approval of this expansion in both Rosemount and Inver Grove Heights, it is estimated that the facility will continue to be open and in operation until approximately the year 2006. Therefore, in accordance with the provisions of Section 14. 10 of the City of Rosemount Zoning Ordinance, this IUP shall be valid for ten (10) years from the date issued, or until terminated, or amended by the City. Prior to expiration of the IUP, or to apply for an amended IUP, SKB and PAB shall request that the City of Rosemount review and reissue the IUP under the same procedure required for the initial approval of this permit. 4. SKB Facift Description, The SKB Facility consists of clay -lined construction and demolition waste landfill. The Facility operation in the City of Inver Grove Heights includes a Transfer Station and Processing Facility, which is not included as a part of the IUP within the City of Rosemount. The approved landfill has a permit volume capacity of 3.5 million c. y. with current design limitations at approximately 2.8 million c.y. The proposed expansion will incorporate an additional 396,000 c.y. of design air space with 112,000 c.y. in Rosemount and 284,000 c.y. in Inver Grove Heights. The Rosemount portion will not exceed the City's ordinance limitation of 200,000 c.y. of permitted waste volume for a Construction and Demolition Waste Management Facility, as required by the Zoning Ordinance, and the total expansion volume will not exceed the permit volume limitation of 3.5 million c.y. This IUP allows for the construction of the additional SKB Facility design volume of an estimated 112,000 c.y. on the Rosemount Corporate Boundary portion of the site in accordance with the plan drawings no. 1-10 with an index sheet dated 6/20/96 as described on the attached Exhibit A. 5. Design Plans and Specifications, SKB and PAB shall construct the Facility expansion in accordance with plans, specifications and procedures approved by the MPCA, Dakota County, the City of Inver Grove Heights and the City of Rosemount. Any exceptions to the approved plans and specifications made during construction shall be listed in the Construction Certification required by the MPCA and which shall also be submitted to the City within the prescribed time period. SKB and PAB shall not make any alteration or addition to the facility that would materially alter the method or effect of disposal without first obtaining the written approval of the City. 6. Grading Permit, SKB and PAB shall obtain a grading permit from the City prior to beginning any excavation or grading for expansion of the Facility into the Rosemount Corporate Limits. Storm Water Trunk Area Charges in the amount of $19,357 shall be paid by SKB to the City prior to issuance of the grading permit. 2 7. Landscaping Plan, SKB and PAB shall be required to install landscaping along the southern portion of the property in accordance with an approved landscaping plan as illustrated in the attached Exhibit B. The landscaping shall be installed after final grading is completed along the southern boundary of the property, but prior to closure of the landfill facility. SKB and PAB shall provide financial security in the amount of $2,500 which guarantees performance for installation and maintenance of said landscaping for a minimum of one (1) growing season. SKB and PAB may secure the financial guarantee with Dakota County in conjunction with it's financial assurances plan required by Dakota County Ordinance 110. Said financial guarantees shall be in addition to all other financial guarantees required to meet Closure Period and Post - Closure Period provisions of SKB and PAB financial assurances with Dakota County. Written documentation of the landscaping portion of the Dakota County financial assurances shall be provided to the City. The City's regulations require that a total of sixty (60) trees be planted on the site. The landscape plan in Exhibit B only provides for a total of twenty (20) trees to be planted. Due to site and environmental limitations of the landfill liner system; SKB, PAB and the City hereby agree that in lieu of the additional 40 trees required by the City for the landscape plan, SKB and PAB shall provide a cash payment in the amount of $4,000 to the City. Said payment shall be used by the City for landscaping to be installed in a park or other public location and shall be made to the City at the time of execution of this agreement. 8. Hours of Operation, Hours of operation for the facility will be 7:00 a.m. to 7:00 p.m, Monday through Friday and 7:00 a.m. to 4:30 p.m. on Saturday and Sunday, except that no heavy equipment shall be operated on Sunday. Hours of operation for the facility may be modified if approval is granted by the Rosemount City Council. 9. General Inspections, Records, Reporting & Enforcement, SKB shall, during normal operating hours, grant the City and its agents, upon presentation of proper credentials, access to the facility for the purpose of inspections and enforcement of this agreement. Except for information deemed privileged in accordance with state law SKB and PAB shall allow the City to inspect written documentation pertaining to compliance by SKB and PAB with the terms of this IUP. Records pertaining to compliance at the facility shall include, but are not limited to, operating records as described in the "Operational Plans", the "Operational Contingency Action Plan", and MPCA Permit; inspection records; monitoring, investigation and modeling data; personnel training records; reports and plans required by regulatory agencies; correspondence with regulatory agencies; and.records and correspondence regarding waste characterization, evaluation, management, inspection and acceptance/rejection. All information obtained during the course of inspections shall be used solely by the City or its agents for matters pertaining to this IUP. SKB and PAB shall furnish the City with a copy of the "Annual Report" according to the timetable and requirements of MPCA, as identified in MPCA Permit. 10. Road Maintenance, All on-site haul roads and entry roads shall be maintained dust - free during operations by watering, paving or chloride treatment. 11. Equipment and Storam There shall only be equipment necessary to operate the site as a construction and demolition waste facility permitted to be stored on-site. There shall be no other storage of equipment or other open stockpiling of material permitted on the site as described in Paragraph 1 above. 12. Indemnification, SICB and PAB shall defend, indemnify and save the City, its officers, and employees harmless from and against any and all claims, suits, demands, actions, fines, damages and liabilities, and all costs and expenses related thereto (including, without limitation, resonable attorneys' fees) arising out of or in any way related to the facility. 13. Severabift, If any provision of this Agreement is found to be invalid, such finding shall have no affect on the validity of the remainder of this Agreement. 14. Notice of Violation, Notice of violation of any provision of the IUP shall be given to SKB and PAB by the City in writing. Such written notice shall specify the violation and request that the violation be corTected. SKB and PAB shall have ten (10) days after receipt of notice to correct the violation. Upon evidence that the health, safety, and welfare of the public is not in jeopardy and upon evidence of diligent cooperation by SKB and PAB to correct the violation, the City Administrator may agree in writing to extend the ten-day period. 15. Termination, This IUP shall terminate on the happening of any of the following events, whichever first occurs: (1) ten (10) years from the date of this Agreement, except as may otherwise be extended by the City; (2) by the City Council (Council) for violation of any provisions of the IUP, in accordance with the following procedures: Termination shall not occur earlier than ten (10) working days from the time that written notice of termination is served on SKB and PAB or, if a hearing is requested, until written notice of the Council action has been served on SKB and PAB. Notice to SKB and PAB shall be served personally or be registered or certified mail at the address designated in the IUP. Such written notice of termination shall contain the effective date of the termination, the nature of the violation or violations constituting the basis for the termination, the facts which support the conclusion that a violation or violations has occurred and a statement that if SKB and PAB desires to appeal, it must within ten (10) working days, exclusive of the day of service, file a request for a hearing. The 4 hearing request shall be in writing stating the grounds for appeal and be served personally or by registered or certified mail on the City by midnight of the tenth (10th) working day following service. Following receipt of a request for a hearing, the City shall set a time and a place for the hearing. Hearings: A. If SKB and PAB properly request a hearing on termination of the IUP, such hearing shall be held before the Council, or a hearing examiner as provided below, and shall be open to the public. B. Unless an extension of time is requested by SKB and PAB in writing directed to the City and is granted, the hearing will be held no later than forty-five (45) calendar days after the date of service of request for a hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than sixty (60) days calendar days after the date of service of request for a hearing, exclusive of the date of such service. C. The City shall mail notice of the hearing to SKB and PAB at least fifteen (15) working days prior to the hearing. Such notice shall include a statement of time, place, and nature of the hearing. D. Hohng Exam : The Council may by resolution appoint an individual, to be known as the hearing examiner, to conduct the hearing and to make findings of fact, conclusions, and recommendations to the Council. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the Council in written report, and the Council may adopt, modify, or reject the report. E. Conduct of the Hearing: SKB and PAB may be represented by counsel. The City, SKB and PAB, and additional parties, as determined by the Council or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to respond to and present evidence, cross examine witnesses, and present argument. The Council or hearing examiner may also examine witnesses. F. The City shall have the burden of proving its position by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of fact, conclusions, and decisions by the council shall be based on evidence present and matters officially notified. 5 G. All evidence which possesses probative value, including hearsay, may be admitted it is the type accustomed to rely in the conduct of their serious affairs. Evidence which is incompetent, irrelevant, immaterial, or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the City's written notice of termination or in SKB and PAB's written request for a hearing. H. At the request of the City, SKB and PAB, or the hearing examiner, a pre -hearing conference shall be conducted by the hearing examiner, if the Council has chosen to use one, or by a designated representative of the Council. The pre -hearing conference shall be held no later than five (5) working days before the hearing. The purpose of the pre -hearing conference is to: (1) Clarify the issues to be determined at the hearing; (2) Provide an opportunity for discovery of all relevant documentary, photographic, or other demonstrative evidence in the possession of each party. The hearing examiner of City's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction; (3) Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known, the party shall describe them thoroughly by job duties and involvement with the facts at issue. I. If a pre -hearing conference is held, evidence not divulged as provided above may be excluded at the hearing. If SKB and PAB fails to appear at the hearing, it shall forfeit any right to a hearing before the Council or hearing examiner. 16. Amendments. Any changes in the provisions of the Agreement, requested by SKB and PAB require the express'Written consent of the City. The City may at its option impose additional requirements for the IUP, when changes or amendments in waste management rules, laws, or technology are in the best interest of public health, safety, and welfare, or if there are changes in the MPCA Permit or Dakota County License. The procedure to amend the ILTP shall be the same procedure required to issue the IT_JP. 17. Enforcement. SKB and PAB shall reimburse the City for its reasonable costs (including without limitation engineering and legal fees) incurred in the enforcement of the IUP, which result in a City Council decision to terminate the .1 IUP. Payment of these costs will be in addition to the permits, fees and any other payments made to the City as a part of this or any other agreements. 18. Interpretation. In any challenge of the provisions of this Agreement, the interpretation of the provisions shall be liberally construed to protect the public health, safety, and welfare. 19. Assigment. The IUP is not assignable or transferable without the express written consent of the City. In the event an assignment of the IUP is proposed, the City may at its option impose additional requirements to this Agreement or may require a new agreement. 20. Noti . Notices given pursuant to this Agreement shall be personally delivered or sent by certified mail to the City of Rosemount, P.O. Box 5 10, Rosemount, Minnesota 55068-0510 and to SKB Environmental, Inc., 251 Starkey Street, PO Box 7216, St. Paul MN 55107, and PAB Enterprises of Minnesota, Inc., 9050 Jefferson Trail, Inver Grove Heights, MN 55077. All notices shall be effective upon receipt. 21. Recording. This Agreement shall run with the subject land and may be recorded in the Dakota County Recorder's Office. 22. Signature. By their signatures below, the undersigned represent that they have authority to bind the Parties that they represent, their agents, subsidiaries, successors, and assigns with respect to the performance of this Agreement. WWWRIM02#013 CITY OF ROSEMOUNT: Date: By Date: By Cathy Busho, Mayor Thomas D. Burt, City Administrator SKB ENVIRONMENTAL, INC. Date: By Richard O'Gara, President 7 PAB ENTERPRISES OF MINNESOTA, INC. Date: By Palmer Peterson, President STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this - day of 1996, by , its and its on behalf of SKB Environmental, Inc., a Minnesota corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this - day of 1996, by , its and its on behalf of PAB Enterprises of Minnesota, Inc., a Minnesota corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this - day of 1996, by Cathy Busho, Mayo, and Thomas D. Burt, City Administrator, on behalf of the City of Rosemount a Minnesota municipal corporation. Notary Public r CITY OF ROSEMOUNT Subject Area SKB Landfill Abp 3 LEGEND MUSA PHASING AG Agriculture PO -MU Planned Development Mixed Use SCALE F;=�—�NORTH LAM USE PLAN PHASE I - CONS Conservancy C Commercial October 1993 RR Rural Residential RP Business Park F PHASE 11 Comprehensive Guide Plan 2000 2905 MUS4 OR Urban Residential PO -R Planned Development - Residential G-1 General Industrial WM Waste Management Update 2WO 10 PHASE 10 HR High Density Residential PIOS Existing Parks or Open Space Park Locations Z?005. 2013 MU= Pit Public I Institutional Future Jos 47dicated h7 the CeaVrehansAre Park P18ft Mod 99V8*fflVftt Gaidej SKB ENVIRONMENTAL SKB RICH VALLEY DEMOLITION WASTE MANAGEMENT FACILITY SW -343 PERMIT MODIFICATION DAKOTA COUNTY, MINNESOTA JUNE.1996 FcOi &Van Dyke engineers - orchitects - scientists COUNTY LOCATION MAP SITE LOCATION MAP INDEX �Rl-m 10. DESCRorN I i TITLE SHEET ? ExIsTm commTon PLAN 3 DEVELOPMENT PLAWFINAL GRACES 4 PKIa4 PLM - S PS. RAN 6 CROSS SECTIONS AND OETAk$ S.1&1" TOP OF CLAI GRACES L:: I =M L EAEr F s HEADER & COLLECTION PIPE NMI. 2 lo COLLECTION PIPE PROFILES. PIPE NOS 4 NOT& THESE PLANS ARE ACCOMPANIED P A REPORT OF THE SAME TITLE. THESE DOCUMENTS ARE INTEARELATEO AND WTENOEO TO K SIC TOGETM& if.. N A t ---- ------ Ln % :F 3> c------ m ol z J > 0 65- oi j V) Alge ... Fl - Ilk :::pl SKS fth VALLfT AnITION WASTE MANAGEMEN F ITY SW -343 ITI PE 77. JE Z D.K 01:0 A lit At v lit 7F -I-- -F---F :::pl SKS fth VALLfT AnITION WASTE MANAGEMEN F ITY SW -343 ITI PE JE Z D.K 01:0 A EXISTING CONDITIONS 7F -I-- -F---F :::pl I * * I OD if 2A 2 1. R rAi > aq Oil Pr, ED p. G W.19Z ............. ------------------------- .-I A .......... + SKA RICH VALLEY H, MAUAGEWNT a PERWT MWFCATiam Fftob&Vamn D** z OU07A COWTV.WMESOTA z DEVELCPMENT PLAN/FINAL GRADES - j E IM I Eno I L 9000 1 0 + -I - -0 — a "" + ---------- -------- ............... 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Poe HEAIER .92UG an .... . ...... 4 L ON PHASES 2 4 6.40 Z-00 3-0 4+00 5-0 4-40 9+00 COLLECTION PIPE NCL 5 w AV M 11 City of Rosemount Executive Summary for Action Plannina Commission Meeting Date: IgU. 1996 Agenda Item: SKB Environmental, Inc. - Agenda Section: Interim Use Permit Public Hearing Prepared By: Andrew Mack Agenda No: 7c Senior Planner Attachments: Location Map; Draft IUP Agreement; Approved By: Approved Zoning Ord. Text Amendment; 6/26/96 Letter from Foth & Van Dyke re: volumes; SIKB C&D Landfill Expansion Plans; MPCA 8/1/95 Permit Reissuance; 12/12/95 Dakota County 1996 Solid Waste Facility License; SIKB MPCA Permit Reissuance Application & Facility Operational Plans - PLEASE SEE ATTACHED PLANNING REPORT - Recommended Action: MOTION to recommend to the City Council approval of a request by SKB Environmental, Inc. for an Interim Use Permit to permit a Construction and Demolition Waste Facility in the WM Waste Management District subject to the following conditions: SKB Environmental, Inc. enters into an Interim Use Permit Agreement with the City of Rosemount to comply with all conditions of approval. 2. Preparation and approval of a landscaping plan prior to final approval of the Interim Use Permit which incorporates recommendations of City. Staff and the Planning Commission. 3. Incorporation of all recommendations by the City Engineer. 4. A Grading Permit be obtained and all required fees are paid prior to initiating any grading or expansion of the landfill into the Rosemount Corporate Limits. 5. All required approvals are obtained from the City of Inver Grove Heights, Dakota County and the Minnesota Pollution Control Agency. 6. Compliance with all requirements, laws and ordinances of the City of Rosemount, City of Inver Grove Heights, Dakota County and the State of Minnesota. Planning Commission Action: AVf,-,-a 06 rgco-4-�&k City of Rosemount 2875 - 145th Street West Mailing Address: P.O. Box 510, Rosemount, MN 55068-0510 P L A N N I N G R E P 0 R T To: Planning Commission From: Andrew Mack, Senior Planner Date: 7/5/96 Subject: SKB Environmental, Inc. - Interim Use Permit SKB Environmental, Inc. is requesting approval for an Interim Use Permit MJP) to permit expansion of the Rich Valley Construction and Demolition Landfill onto an approximate 7 acre parcel of land located in the Rosemount Corporate Limits. A total of 112,000 cubic yards (c.y) are estimated to be accommodated in the design volume for Rosemount with an additional 284,000 c.y. to be added within the existing landfill area in Inver Grove Heights. This 396,000 c.y. will be added to the 2.8 million c.y. volume design limitations which is still below the 3.5 million c.y. permit capacity for the facility already approved by the Minnesota Pollution Control Agency (MPCA). On June 18, 1996 the City Council approved a Zoning Ordinance Text Amendment to permit construction & demolition waste facilities by IUP in the Waste Management District. SIKB's rezoning request from IG to WM was tabled pending the outcome of this IUP request. SKB currently operates the existing landfill under an approved 5 year permit from the MPCA, an annual license from Dakota County and a conditional use permit from the City of Inver Grove Heights. Copies of these approvals and the facility operational plans as contained in the 1994 MPCA permit reissuance application are attached by way of additional background for review. FRom THE DEsK OF... 014.d. CCN1116 6PWU;'1' cek4mlow Crry oF RosEmouNT 2875 145TH STREEr WEST Roswouw, MN 55068 (612) 322-2050 Fax (612) 423-5203 SKB's request to expand the landfill operation into Rosemount involves an area measuring approximately 130' wide by 2300' in length. Landfill set back areas according to State Law must be a minimum of 50' from all adjacent property lines. Areas outside the 501 set back will be used for access, grading and drainage control. The remaining envelop inside this area win accommodate the additional 112,000 c.y. of compacted waste volume in Rosemount. The expanded facility will continue with the clay lined leachate system which the applicant indicates is the only one of it's kind in the State of Minnesota. The expansion into Rosemount essentially represents the only increase in the footprint of the facility. All additional volume into Inver Grove Heights would be absorbed over the existing foot print with greater volumes resulting from the backside berm slopes proposed to be shifted into Rosemount. The 195,610 c.y. initially represented by SKB has been revised to the lower volume total of 112,000 c.y. once verified and recalculated by their engineering firm. This total is well below the 200,000 c.y. volume limitation placed upon this use by the recent zoning text amendment (enclosed for review). In addition to the expanded landfill working area, improvements will also be to the drainage system along the south end of the property. A small surface water diversionary berm will be added to the down slope at the southeast end of the facility. Rip rap will be installed at the end of the berm which will then serve to channel surface drainage back around the facility to the west and north where it will flow back toward SKB's on-site ponding areas. Rosemount Stormwater policies require that area stormwater charges be collected at the time of development. This requirement will be stipulated as a requirement in the approval conditions for this rUP request. SKB has proposed to enter into a "Host Community Agreement" with both the Cities of Inver Grove Heights and Rosemount. This agreement will provide for the unrestricted use of funds derived from anticipated volumes for the landfill. Cash payments will be made directly to the City over an agreed to period of time. SKB has also considered adding provisions for use of the facility by the City's Public Works department. Staff has begun to negotiate these provisions with the Applican4and an agreement will be drafted for consideration by the City Council simultaneously with the IUP request. The proposed construction & demolition waste facility is consistent with the standards provided for this use as an IUP in the WM District as follows: I . The facility will not exceed 200,000 c.y. of total permitted waste volume. 2. The facility will be developed, operated and maintained in accordance with an approved IUP by the City once approved. A draft IUP Agreement for this project has been attached for review. Review and input from the City Attorney regarding N this draft agreement will be necessary. SKB is currently operating in compliance with requirements of their MPCA permit and Dakota County license. All conditions of the conditional use permit for Inver Grove Heights are being met, with the possible exception of some minor operating issues regarding the transfer station portion of the facility. There will be no transfer station operations occurring on the Rosemount portion of the site. 3. An amended permit and license application to both MPCA and Dakota County have been submitted and are pending approval upon completion of a 30 day environmental comment period. A separate request with the City of Inver Grove Heights is also pending consideration and review over an approximate 30 day period. No major issues have been identified with this proposal,and the proposed use meets all other applicable requirements of the Zoning Ordinance. The only exception being some provisions which need to be made for landscaping. Staff has discussed this consideration with SKBand they have indicated a willingness to provide for an appropriate degree of landscaping improvements. Currently there are no prescribed landscaping standards for the WM District. The IG District makes reference to a recommendation from the Planning Commission for Overstory Trees. Staff is recommending that the applicant develop a landscaping plan which incorporates a mixture of evergreen and deciduous trees planted in spaced clusters along the southwestern portion of the site. No foundation plantings along this portion of the property are needed and therefore, Staff is recommending that a total of 1 tree/5,000 sq. ft. of land area in the Rosemount Corporate Limits be included in the plan. Staff will work with the applicant and/or it's consultant in developing a landscaping plan. The plan must be reviewed and approved prior to final approval of the IUP by the City. Appropriate language for the timing and guarantee of performance for the landscaping will be detailed in the IUP & Conditions of Approval. Once again, Staff does not believe that any major issues or impediments to proceeding with the expansion exist in Rosemount. The land use analysis was presented with the previous rezo i g and text amendment requests reviewed by the Planning Commission and City Council. Favorable findings were made regarding the location of this use and surrounding properties. Moreover, Staff views this proposal to represent an effective use of what may otherwise be considered non- productive property. As such, there is a substantial opportunity for direct tangible benefits to be realized by the City. Timing of the multiple governmental agency reviews would appear to be the greatest challenge facing the project at this time. SKB is now in process of preparing to enter the final stages of grading in the southern staging portions of the landfill. Mr. Rick O'Gara has stated that it will not be practical to proceed with this expansion design unless approvals can be obtained and adjustments made to site grading yet this year. The City Staff members of both Rosemount and Inver Grove Heights are working with SKB to the best of our ability to assure that proper sequencing of the proposal occurs; while at the same time assuring that all required technical provisions of local ordinances are met. 3 The findings to be made for approval of an Interim Use Permit are as follows: 1. The extent, location, and intensity of the use will be substantial compliance with the Comprehensive Guide Plan. 2. 7he use will provide adequate ingress and egress to minimize trafflc congestion in the public streets. 3. The use will not be detrimental to the eWsting character of the development in the immediate neighborhood or endanger the public health, safety, and general wepbre. 4. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Staff finds that facts and information reviewed in relation to this request by SKB Environmental, Inc. are in favorable support of the above listed findings from the Zoning Ordinance, provided a landscaping plan can be prepared and approved and all other city, county and state approvals are obtained for the project. Staff recommends, that the Planning Commission approve a favorable recommendation to the City Council for an IUP for SKB Environmental for the operation of a construction and demolition waste facility in a Waste Management District subject to the following conditions: 1. SIKB Environmental, Inc. enters into an Interim Use Permit Agreement to comply with all conditions of approval. 2. Preparation and approval of a landscaping plan prior to final approval of the Interim Use Permit which incorporates recommendations of City Staff and the Planning Commission. 3. Incorporation of all recommendations by the City Engineer. 4. A Grading Permit be obtained and all required fees are paid prior to initiating "any grading or expansion of the landfill into the Rosemount Corporate Limits. 5. All required approvals are obtained from the City of Inver Grove Heights, Dakota County and the Minnesota Pollution Control Agency. 6. Compliance with all requirements, laws and ordinances of the City of Rosemount, City of Inver Grove Heights, Dakota County and the State of Minnesota. 4 City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF RosEmouNT ZONING ORDINANCE PRovIDING FOR REvisioNs To PERmITTED INTERim USES WITTHN THE WM WASTE MANAGEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, NIINNESOTA ORDAINS AS FOLLOWS: SECTION 1. Section 3.2 Derinition of Ordinance B - City of Rosemount Zoning Ordinance is amended in part by adding thereto the following: Construction Debris: Waste building materials, packaging, and rubble resulting from construction, remodeling, repair and demolition of buildings and roads. Construction Demolition Waste Facility: A facility that accepts and land disposes of only construction debris in accordance with an approved permit by the State of Minnesota, Dakota County and all other applicable local, state and federal laws. SECTION H. Section 6.16 WM WASTE MANAGEMENT DISTRICT: B. Uses Permitted bv Interim Use Permit: of Ordinance B - City of Rosemount Zoning Ordinance is amended in part by adding thereto the following: 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. b. The facility is developed, operated and maintained in accordance with an approved Interim Use Permit by the City of Rosernout 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. SECTION M. This ordinance shall be effective immediately upon its passage and publication according to law. Enacted and ordained into an Ordinance this day of , 1996. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEsT: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1996. K Design air space in Rosemount is 112,000 cubic yards Design air space in Inver Grove Heights is 284,000 cubic yards If we can be of additional help please call us. Sincerely, Foth & Van Dyke Mark W. Halleen, P.E. Project Director M)VH:KMM1:clrl k:\KMM1\CLR1\96S042\L-VOLUME\5000 Kathleen M Marshall, P.E. Lead Environmental Engineer 10340 Viking Drive. Suite 100 - Uen Prairie. MN SS344 - 612-942-0396 - Fax:612-942-0865 Regular Planning Commission N- Ang Proceedings July 9,1996 Page 6 Member Tentinger stated that overall he liked this concept plan. He mentioned that eventually something, will be built on this site and this proposal is superior to any previous proposals. Mr. Tentinger mentioned that he had a concern with the access to Chippendale Avenue and the private road to the homeowner to the north. Chairman Droste stated that he had concerns with Findings #1 and #3. He felt there were some positive aspects to the surrounding areas, however, he was concerned with putting the theater's intermittent lights into non-conformance. 1N4r. Droste stated that more information was needed regarding the findings. Tom Brenner mentioned that he also builds commercial buildings and he reviewed this site with commercial in mind, however, he felt that it would not be economically feasible to develop. MOTION by Droste to table action on the concept PUD for Rose Park Village subject to: 1) preparation of findings in support of approval for the PUD concept; 2) rezoning the property to BP - 4; 3) incorporation of extraordinary screening measures within the northern setback area to mitigate the effects of the adjacent commercial use; 4) resolution of access and on-site circulation safety issues for the development; and 5) conformance with Section 12.2. of Ordinance B, the zoning ordinance for PUD final development plan as well as applicable subdivision ordinance requirements for platting. Seconded by Tentinger. Ayes: DeBettignies, Droste and Tentinger. Nays: McDermott. Motion passes 3-1. MOTION by Droste to table rezoning of the property to BP -4. Seconded by Tentinger. Ayes: Droste, Tentinger and DeBettignies. Nays: McDermott. Motion passes 3-1. -)�- Public Hearing: SKB Environmental, Inc. - Interim Use Permi Chairman Droste opened the public hearing to hear public testimony regarding the Interim Use Permit application of SKB Environmental, Inc. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of Public Hearing Notice on file with the City. Senior Planner Mack related the background of this application stating that a Zoning Ordinance Text Amendment was recently approved by the City to permit constniction and demolition waste facilities by Interim Use Permit in the Waste Management District. He stated that approval of the.Interim Use Permit would enable the applicant to accommodate expansion of their existing site. Mr. Mack reviewed the landfill design and the flow of drainage on the site. He mentioned that no structures will be built on the parcel of land located in Rosemount and that permit reviews by the MPCA and Dakota County are currently in process. Mr. Mack stated that Staff has no issues with this application except for the placement of landscaping on the site once the operation is closed. He mentioned that either the City could enforce this performance or Dakota County has stated that this performance could be included in their permit closure procedures. Mr. Mack stated that Rick O'Gara, President of SKB Environmental, Inc., was present to answer any questions. Regular Planning Commission Mtcdng Proceedings July 9, 1996 Page 7 A lengthy discussion regarding the landscaping occurred. The Commissioners, Staff and Mr. O'Gara also discussed the hours of operation and financial assurances. As there were no comments from the audience, MOTION by Droste to close the public hearing. Seconded by DeBettignies. Ayes: Droste, Tentinger, DeBettignies and McDermott. Nays: 0. Motion passes 4-0. Member McDermott raised some questions to the applicant regarding when the site will be closed permanently (1999-2000), individual testing done on-site (no), monitoring of the wells, and any dust complaints. Mr. O'Gara responded to Member McDermott's questions. MOTION by Droste to recommend to the City Council approval of a request by SKB - Environmental, Inc. for an Interim Use Permit to permit a Construction and Demolition Waste Facility in the WM Waste Management District subject to the following conditions: 1. SKB Environmental, Inc. enters into an Interim Use Permit Agreement with the City of Rosemount to comply with all conditions of approval. 2. Preparation and approval of a landscaping plan prior to final approval of the Interim Use Permit which incorporates recommendations of City Staff and the Planning Commission. 3. Incorporation of all recommendations by the City Engineer. 4. A Grading Permit be obtained and all required fees are paid prior to initiating any grading or expansion of the landfill into the Rosemount Corporate Limits. 5. All required approvals are obtained from the City of Inver Grove Heights, Dakota County and the Minnesota Pollution Control Agency. 6. Compliance with all requirements, laws and ordinances of the City of Rosemount, City of Inver Grove Heights, Dakota County and the State of Minnesota. Seconded by Tentinger. Ayes: Tentinger, DeBettignies, McDermott and Droste. Nays: 0. Motion passes 4-0. Public Hearing: Well No. 9 - Site Plan Review Chairman Droste opened the public hearing to hear public testimony regarding the site plan review application of the City of Rosemount in regards to Well No. 9. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of Public Hearing Notice on file with the City. Assistant Planner Pearson stated that the City Public Works Department is requesting approval of the site plan for a 1,200 sq. ft. building that will contain a well and pumping station. The building will be co 0 CL q0 3 40 a 40 N 9000 w I I W ,.N 11 -F % % EXISTING TREE�'%", % % PROTECT EXISTING ti MONITORING WELLS TREES 10' MIN. FROM WASTE LIMITS A: APPROXIMATE LIMITS Lus M12-8 OF WASTE PLACEMENT INVER GROVE HEIGHTS CORPORATE BOUNDARY--- M12- ROS OUNT ORPORA BOUNDARY -- — — — — — — — — — — — PROPOSED DRAINAGEWAY low M12 -BV M12__ -"7i�MAP�E T7REES 50' MIN. APART PROPERTY LINE O'FROM PROPERTY LINE TYP. 10' FROM PRjrERTY LINE TYP. EXISTING MCML + + 1v PIPELI% 8 2 EXISTING AMERICAN a- 0, up w + _jN 10000 EXISTING AMERICAN ABANDONED PIPELINE N RALROAD it OFFICE + 0 + + N 9500 rl if R APPROXIMATE LIMITS 0 OF WASTE PLACEMENT + + + N 9000 A: + k )� + + ,INVER GROVE HEIGHTS CORPORATE BOUNDARY Ir 191P L . .. . .. ; - - - -r-m -or 70 Erg PROqgRTY LINE + + ROSEMCMT CORPORATE BaMARY EXISTING AMERICAN PIPELINE + N $500 SITE MAP -EXISTINO; MOBIL NOT TO SCALE PIPELINE 7PA PIPELINE TREE SCHEDULE SYM. OTY BOTANICAL NAME COMMON NAME SIZE ROOTS REMARKS 40 20 ACER SACCHARUM SUGAR MAPLE 2" TRUW B&B 50, Oc I SKB RICH VALLEY I FIGURE I CONCEPTUAL LANDSCAPING PLAN I Scale- I" = 150' 1 Dote: JULY 1996 1 Prepared By: Foth & Van I)yke I By: JAM3 PUBLIC NOTICE of the Reissuance of a PERMIT` FOR CONSTRUCTION AND OPERATION OF A SOLID WASTE DISPOSAL FACILITY Minn. K chs. 7000 and 7001 require that public notice be prepared and issued by: Minnesota Pollution Control Agency Ground Water and Solid Waste Division Solid Waste Section 520 Lafayette Road St Paul, Minnesota 55155 Public Notice No: 96 -SW -572 Public Notice Issued On: July 18, 1996 Last Day to Submit Comments: August 16, 1996 Name and Address of Applicant: PAB Enterprises, Inc. 2825 Cedar Avenue Minneapolis, Minnesota 55107 SKB Environmental 251 Starkey Street St. Paul, Minnesota 55107 NOTICE: Name and Location of Facility: SKB Rich Valley Demolition Waste Management Facility Section 33, T27N, R22W, City of Inver Grove Heights, and Section 11, T I 15N, R1 9W Government lot I and Section 12, TI 15N, R1 9W, Government 2 both in the City of Rosemount, Dakota County The above-named applicant has applied for a permit to construct and operate a solid waste facility in Minnesota. If the modification to the facility, proposed in the application, is not contested and subsequently demed by the Minnesota Pollution Control Agency (MPCA) Citizens' Board or the courts, the MPCA may issue a permit for a term up to five years. At least 180 calendar days prior to expiration of the permit the applicant must submit a new application for reissuance of the expiring permit. Ile applicant proposes to horizontally expand operations of an existing demolition debris landfill and transfer station (the Facility). Ile expansion will contain 396,000 CY of waste. Ile expansion will occur on the south side of the facility on both existing Facility property and property located within the City of Rosemount Corporate boundary. The Facility waste footprint will expand approximately eighty (80) feet south. The expansion area will employ a design similar to the rest of the Facility. This includes two feet of impermeable clay liner overlain with a sand drainage layer. The sand will aid in -3 - Mike Lynn Minnesota Pollution Control Agency Ground Water and Solid Waste Division Solid Waste Section 520 Lafityette Road St Paul, Minnesota 55155 All comments received within 30 days after the public notice is issued will be considered in the formulation of final determinations. If there are no requests for a public informational meeting or contested case hearing, and no unresolved comments on the proposed action, the MPCA Commissioner will make the final decision on the proposed permit. Any person, however, may reqtiest that the MPCA Citizens' Board consider the permit prior to final permit action. Such requests must be made in accordance with Minn. R- 7000.0500, subp. 6. The MPCA will make the final determination on the proposed permit action in accordance with Minn. R. 7001.0140. The proposed permit file, including special conditions, comments received and other documents is available for inspection and may be copied anytime between 9:30 a.m. and 3:30 p.m., Monday through Friday. Copies of the public notice, existing information and proposed permit conditions are available at the address shown above. If you have any questions regarding the proposed permit please contact Mike Lynn at 612-8584. Please bring this notice to the attention of other persons whom you know would be interested in this matter.