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Home My WebLink About4.d. Set Public Hearing for USPCI Coal Ash Zoning Text Amendment Petition R ^ City of Rosemount ��e� ��`�� Executive Summary for Action ��-(-� �P�V�� City Council Meetiag Dates �+iay 4, 1993 Agenda Item: Set Public Hearing: Agenda Seation: USPCI Coal Ash Zoning Text CONSENT AGENDA Amendment Petition. Prepared By: Lisa Freese Agenda N�ri=� � � Director of Planning �'.�� .::�. �� '�; •-,�� Attachmeats: Petition; Hearing Notice; Appr ved By: Ma.iling List. � > .��% USPCI, Inc. has petitioned the City to amend the zonin ordinance in order to permit the disposal of coal ash at the Minnesota Industrial Containment Facility. The ordinance does not allow the disposal of as from incinerators, resource recovery facilities and power plants . USPCI is requesting that th.e definition be changed to allow the acceptance of coal ash at the faeility. The Planning Gommission initially reviewed this petition at their April 27 regular �ne�ting and recommended that the City Council praceed with setting a public hearing. The Commission also directed staff to prepare an addendum to the Interim Use Permit pertaining to the acceptance and handling of coal ash at the facility for review and recommendation at their Ma.y lOth meeting. Their final recommendation on the text amendment will also be ma.de at that meeting p�iar to the City Council public hearing on May lSth. Recommended Action: A MOTION to set a public hearing for the USPCI Zoning Ordinance Text Amendment petition on May 18, 1993 at 8 : 00 p.m. or as soon thereafter as possible. City Council Action: . OS/04/93.002 � � -� Ordinance B-Definition E.ot Width The'width-measured along the front lot line or street tine. �tanufactured Home "Maaufactiued home" means a swuure, transportable in one or more � ' sections, wluch in the traveling mode, is eight (8) body feet or more in width or �0 body feet � � or more in length, or, wfien erected on site, is 320 or more square feet, and which is built on . i a permanen[ chassis and designed to be used as a dwelling with or without a permaneat foundation when connected to the requued utilides, and includes the plumbing, heaung, air . conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturcr voluatarily files a certificatioa required by the secretary and complies with the standards established under this chapter. � Manufactured Home Park Any premises on which two (2} or more occupied manufactured homes are located. Manufacturine. Custom The production and sale on the premises of hand manufactured products involving only the use af hand tools and domestic mechanical equipmenG Mineral Extraction T'he e�crraction of sand, gravel, rock or other such material from the land . Montessori Schoot A school for children where the fundamental aim is self-educaiioa. Motel A building or group of attached or detached bui�dings under common ownership coatainiug eight (S) or more guest or sieeping rooms which is used or intended to be us�d primarily for the accommodation of transient automobile travelezs. This term shall include � buildings designated as auto courts, tourist courts, motor courts, motor hoteLs aad sircnlar names. Motor FreiEht Terminal A building or area in which freight brought by motor uvck is assembled andlor stored for routing in intra-state or inter-state shipmenL Multipie-Familv Dwelling See Dwelling, Multiple Family. j'�� . - L�`; ;: Non-Conforming Use A building:o: use of land which does not conform to the regulations of � the district or zone in whicii it is situated. Non-Hazardous Industrial Waste Solid waste generated from an industrial or manufactur'sng . process. Noa-hazardous industrial waste shatl not inciude: incinerator, resource recovery or yo power�lant�ash, or by-product from the processing or recyciing of such ash; liquid wastes not process-e�at the facility, sewage slud�e, including treated or digested sewage sludge; PCBs; infectious waste; household garbage or refuse; non-hazardous indusuial waste that is economically feasible to recycle;radioactive or nucleaz waste;rendering or slaughterhouse waste; or hazardous waste. Non-Hazardoas Industriai Waste Containment Facilitv A facility that accepts and land disposes of only non-hazardous industrial waste. The facility may accept non-hazardous industrial liquid waste if such liquids are processed to insure no free liquids are land disposed. A facility shall include containment cells and all other appurtenances necessary for its operation. Nurserv School A school for children of preschooi age. � Nursin� Home An extended or intermedia[e care facility licensed or appro��ed to provide full- time convalescent or chronic care to indi�iduals who, by reason of advanced age, chronic illness or infirmiry, are unable to care for themselves. - Offices. Business A building(s} in which business of a non-retail nature and derical services and duties are carried out, including corporate offices, banks, credit unions, insurance and real estate offices and including multiple-tenant office buildings. Offices. Professional A building in which professional and management duties and services are : carried out, including medical and dental clinics and offices; psychia[rists and psychologists `�-- offices; architectural, engineering, planning and legai offices; and similar uses. 6 _ � i� No: �Date: City of Rosemount 20NlNG ORD/NANCE TEXT AMENDMENT PETlTION �� USPCI, Inc. Phone: 438-1500 q�r� 13425 Courthause Blvd. � STATUS OF APPUCANT: • X Owner Buyer Lessee OTHER: LOCATION: Lat . Block , . Addition St�eet Address: 13425 Courthause Blvd. Metes & Bounds DescripUon Attached: Yes Survey w Plot Plan Attached: Affected Seation(sj: �1 REASON FQR REQUEST: 1, USPCI w�zld :7�Lke to accept non-hazardous ash fran the c�mbustion of coa1, while keeping in place the prohibition agai.nst municipal solid waste incinerator ash. 2. 3. Signature of Appiicant: FO OFFICE USE ONLY Application received by: ` Date: �� o�o , Fee: $��-""' How Paid: �- #� � Date: � Planning Commission Action: Date: , � USPCI MICF Site Legal Qescription ' A tract of land lying in Sections 19, 20 and 29, Township 115N, Range 18W, all in the City of Rosemount, Dakota County, Minnesota, commencing at the SW corner of the East 112 of the Southeast 114 .of said Section 19; thence East and Southeasterly along the centerline of � County Road 38 to its intersection with the North and South quarter � section line of Section 29; thence North along said North and South quarter section line of Section 29 and the North and South quarter section line of Section 20 to the southwesterly right-of-way line of State Trunk Highway 55; thence Northwesterly along the Southwesterly right-of-way line of said Highway 55 to its intersection with the centerline of the Chicago and Northwestern Transportation Company right-of-way; thence Southwesterly along the centerline of said ' right-of-way to its intersection with the West line of the East 1/2 of the Sautheast 1/4 of said Section 19; thence South along said West line to the point of commencement. � ' � ASt,�b��:�af Union Pa Corporation March 5, i993 Mr. Stephan Jilk Ciry of Rosemount 2875 - 145th Street West P.O. Box 510 Rosemount, Mn 55068 Dear Mr. 7ilk: USPCI, Inc. is requesting an arnendment to the Rosernount Zoning Ordinance text to allow the acceptance of coal ash at the Minnesota Industrial Containment Facility (1VIIC1�. USPCI is making this request because it believes that coal ash is a non-hazardous industrial waste of the type that MICF was designed to effectively contain with no harmful effects to the environment. As you recall, the pertinent portions of the zoning ordinance were written while there was debate over the permitting of the Dakota. County Resource Recovery facility. There was concern that a Staxe-of-the-Art Land Disposal facility such as the MICF might be used for municipal incinerator ash disposal if the incinerator was constructed. The City took steps to allevia.te this public concern, with the support of USPCI, by excluding ash from municipal waste incinera.tion or resource recovery from being accepted at non-hazardous industrial waste facilities in Rosemount. ' USPCI understands the intent of the ordinance to prevent ash from municipal waste combustion, generated at incinerators and some power plants such as NSP's Red Wing facility, from being sent to the MICF. Ash from coal-burning power plants, however, has beneficial properties that are desira.ble in the chemistry of containment cells. In many areas, coal ash is used as a solidification agent to bind liquid waste prior to disposal. Caal ash is currently being disposed of at other facilities in Dakota Counry. Under MICF's ' Waste Acceptance Plan, any coal ash that is accepted at the facility must undergo the same rigorous sampiing and testing procedures that any other waste must undergo prior to acceptance. USPCI feels that this is a waste stream that may be beneficially re-used at the facility as a cover material inside the cell, with appropriate approvals from the MPCA and Dakota County. Minnesota Industrial Containment Facility 13425 Courthouse Boulevard • Rosemount, Minnesota 55068 • 612/438-1500 � Fax 612/438-1549 Amendment Request page two USPC3 requests that the definition of non-hazardous industrial waste in the Rosemount Zoning Ordinance be amended as follows: Delete: Non-hazardous waste shall not include: incinerator, resource recovery or power plant ash, or by-proc!uct from the processing or recycling of such ash;... Insert: Non-hazardous waste shall not include: ash generated by waste incinerators or waste resource recovery facilities that burn municipai solid waste, or by-product from the processing or recycli.ng of such ash;. . . We ha.ve enclosed a completed Zoning Ordinance Text Amendment Petition with the required fee. We will be contacting you to deter�mine what else needs to be completed in order to expedite this amendment. Please call if you have any questions regarding this request or if you have suggestions on how to proceed. 5incerely, Rex Kraft Facility Manager RK/dd enclosures: Zoning Ordinance Test Amendment Petition and Application Fee cc: Bill Shea Ken Jackson Don Chapdelaine Liane �Ietherington-Ward Jim Gaughan Barry Schade Mike Miles Lisa Freese i�� o osemoun� PHONE (6t�4234411 2875-145th Street West,Rosemount,Minnesota MAYOA FAX {812)4235203 Mailing Addross: Edward 8.McMenomy P.O.8ox 570,Rosemount.Minnesota 55a68-0510 COUNClIMEMBERS Sheila Kiaasen James(Recq gteats Pubiic Notice H�„w„� �,�s w►cca�ar,� ZONING TEXT AMENDMENT PETITION noM�rois�rRnroa Stephen Jilk TO PERMIT COAL ASH DISPOSAL IN NONHAZARD�US INDUSTRIAL WASTE CONTAINMENT FACILITIES Petitioner. USPCI. Inc. • TO WHOM IT MAY CONCERN: NOTICE IS ��R�EBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on Tuesday, May 18, 1993 in �he Council Chamt�rs of the City Hall, 2875 145th Street West, beginning at 8:00 p.m., or as soon thereat�er as possible. The purpose of the hearin� �s to consider an Zoning Ordinance Text Amendment that would permit the disposal of coal ash in nonhazardous waste industrial containmen�facilities. Currently the'ordinance prohibits the disposal of ash from incinerators, resource recovery facilities and power pla.nts. The petitioner, USPCI, Inc., operates a nonhaza.rdous industrial waste land disposal facility at ' 13425 Courthouse Boulevard and wishes to accept coal ash wastes at this facility. The property' is located on the south side of Courthouse Boulevard (STH SS) east of US I3ighway 52 and north of County Road 38 is legally described as: A tract of land lying in Sections 19, 20`and 29, Township 115N, Range 18W, all in the City of Rosemount, Dakota County,.Minnesota, commencing at the SW corner of the East 1/2 of the Southeast 1/4 of said Section 19; thence east and southeasterly along the centerline of County Road 3$ to its intersection with the North and South Quarter Section Line of Section 29; thence north along said North and South Quazter Section Line of Section 29 and the North and Soukh Quarter Section Liae of Section 20 to the southwesterly right-of-way line of State Trunk Highway 55; thence northwesterly along the southwesterly right-of-way line of said Highway 55 to its intersection with the centerline of the Chicago and Northwestera Transportarion Company right-of-way; thence southwesterly along the centerline of said right-of-way to its intersection with the west line of the East 1/2 of the Southeast 1/4 of Section 19; thence south along said west line to the point of commencement. Persons wishing to speak on this zoning amendment petition are invited to attend this meeting on Tuesday. May 18. 1992 at S:UO p.m. or submit written comments prior to the hearing to the Rosemount Planning Department, 2875 145th Street West, Rosemount, MN 55068. Dated this 4th da.y of May, 1993. Susan M. Walsh, Ciry Clerk City of Rosemount Dakota County, Nlinnesota. �ver��ing s �om:ng �(Ji,,� �JCosemoun�ll � Ls.«��,�� , � , 11. James H. Kromschroeder 34•02000-Ot�•86 13625 Courthouse Bivd - RR 2 Rosemount, Mn 55068 12 Masahiro & Brenda Sugn 34-02000-010-88 � 13701 Courthouse Btvd Rosemount, Mn 55068 13. Rich T. Burger 34•029�0•01U-10 M. G.Astleford i200 Highway 13 West Burnsviile, MN 55337 14. Calvin V. & Eleanar C. Twininq 34-02900-010-11 5480 142nd Streat East Rosemount, Mn 55068 15. Oaie B. & Betty L Agre 34-02900-010-15 14175 Eiters Path Rosemour�t, MN 55068 . 16. Raymond A. & Roseila Rahn 34-03000-010-09 3855 145th Street East 34-03000-010-25 Rosemount, MN 55068 34-03000-010-30 � 17. Marlin W. &Joann Rechtzigel � 340300U-013-35 14727 Clayton Avenue East Rasemount, MN 5b068 18. The Solberg Cunstruction Co. 34-03000-010-40 13245 Clayton Avenue Ros�nount, MN 55U68 19. Speciro Alloys Corp. 3433400-�10-0i 13220 Doyle Path - Box 10� 34334�0-0ZU•Ot Rosemount, MN 55068 34-33400-030-01 34-33400-040-01 3434000-040-02 3434000-050•02 20. Hollenback & Nelson, inc. 34-33400-050-01 7700 Wentworth Avenue South 34-33400-060-01 Minneapoiis, MN 5b423 3433400-070-01 3433400-080-01 22. Eagle Sanitation, Inc. 34-33400-010-02 Box 228 3433400•020-02 � Newport, MN 55055 3433400-030-02 23. Rex Craft APPLICANT USPCI Suite 210 14450 South Ro6ert Traii Rosemount, MN 55068 � ' � USPCt, INC. ZONING TEXT AMENDMENT PETITION MAILING L1ST 1. Kach Refining Company 3401800-010-02 P.O. Bax 2756 34-0i900-010-06 Wichita, KS 61201 34•Oi900-011-10 3401900-01 U-62 34-0190U-010-8� 34-OZOU0-010-35 34-020�0-010-38 Z Chicago & NW Trans Co 34-01900-010-50 i N WSTN CTR 34-01900-010-82 Chicago. IL &0606 � 3402000-010•27 ' 34-OZ000-010-75 3. Paui J. Nieiand 34-019�U-010-52 13250 Clayton Avenue E Ro�mount, MN 55068 4. Metro Waste Control Commission 34-01900-010-86 Mea�s Park Centre 230 E Fifth Street - � St Paui. MN 55 i 01 5. Orrin Krschbaum 34-02000-010-01 13220 Doyie Path 34-02000-010-11 Rosemount, MN 55068 6. Joseph M. &Julie A. �imones 34-02000-010-08 13273 Pine Bend Trail Rosemount, Mn 55068 7. Pine Bend Develapment Co. 3402U00-010-13 ' �6 Meivin G. Astleford 34-02000-010-25 1200 Nighway 13 West 34-02000•010-28 Burnsville, MN 55337 34-02000-010•39 34-02000-010•82 3402900-010-01 3402900-010-20 34•U2900-011-25 ' 34•02900-0i0-35 34-03000-010-01 34-03000-010-i9 ' 8. USPCI. Inc. 34•02000•O11•50 Suite 500 34-02000-011-80 515 West Greens Road ' Houston. TX 77067-4524 9. Ninth Street Prop., Inc. 34-02000-010-37 One Commerce 6reen 515 W Greens • Suite 500 Hauston. TX 77067 10. D. W. Severson 3402000-010-77 ' 3389 140th Street East Rosemount, Mn 55068