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EXECUTIVE SUMMARY
City Council Meeting Date: December 16, 2014
AGENDA ITEM: Case 14-62-CUP Request by Spectro Alloy to
Issue a Conditional Use Permit to Allow
AGENDA SECTION:
Outdoor Structures in Excess of 15% of the
Consent
Gross Floor Area of the Principal Building to
Install a Custom Clean Charge System
AGENDA NO.
PREPARED BY: Eric Zweber, Senior Planner
ATTACHMENTS: Resolution; Site Map; 2015 Sorting Investment APPROVED BY:
Plan; Planning Sketch Survey; CCC Sorter
Elevation; Excerpt of the Draft December 9
Planning Commission Meeting.
RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a Conditional Use
Permit (CUP) to Allow Spectro Alloys to Install Outdoor Structures in Excess of 15% of the
Gross Floor Area of the Principal Building to Operate a Custom Clean Charge (CCC)
System.
ISSUE
The applicant, Spectro Alloy Corp (Spectro), requests a conditional use permit (CUP) to allow the
installation and construction of outdoor structures to process and recycle aluminum scrap without
smelting. This process is called Custom Clean Charge (CCC) by the industry. A CUP is required because
the CCC equipment and associated outdoor structures will result in the site having a total aggregate area of
outdoor structures in excess of 15% of the total gross area of the principal building. If the gross area of
outdoor structures and equipment was under 15%, the request could be administratively approved. The
Staff recommends approval of the request subject to conditions.
DECEMBER 9 PLANNING COMMISSION MEETING
The Planning Commission reviewed the Spectro request on December 9. Paul Curtis of Endres
Processing spoke in favor of the Spectro proposal. No other residents spoke during the Public Hearing.
Vice-Chair Kenninger asked if the Spectro could use the CUP to expand outdoor storage if the CCC
system were to be removed in the future. Staff clarified that the CUP is for outdoor structures and not
outdoor storage. Staff stated that CUP condition #3 would allow outdoor storage of scrap and waste
further than 400 feet from Minnesota Highway 55. It was clarified that the CUP is attached to the land
that Spectro or any other permitted use in the General Industrial zone would be able to 30% outdoor
structures if this CUP is approved.
The Planning Commission recommended approval of the Conditional Use Permit for Spectro on a 3-0
vote. Chair Miller had recused himself and Commissioner Forster was absent.
BACKGROUND
Applicant & Property Owner(s): Spectro Alloy Corp.
Location: Northeast of Minnesota Highway 55; south and west of the Union
Pacific rail line; and east of Doyle Path
Area in Acres: 15.5 Acres
Comprehensive Plan Designation: GI - General Industrial
Current Zoning: GI – General Industrial
Surrounding Land Uses: Northeast: HI – Heavy Industrial
Southeast: WM – Waste Management
North, South, East and West: GI – General Industrial
Legal Authority
City review of a conditional use permit application is a Quasi-Judicial action. As such, the City has a set of
standards and requirements. Generally, if the applications meet the ordinance requirements they must be
approved. The standards and requirements for each application along with staff’s findings for the specific
review criteria are provided below.
SUMMARY
Spectro’s principal operation is as a secondary aluminum smelter. A primary aluminum smelter refines raw
ore into aluminum ingots. A secondary aluminum smelter recycles existing aluminum scrap into ingots
that are shipped to manufacturers. Spectro’s operation stores scrap aluminum predominately behind (to
the north of) their building. The scrap is normally shredded and sorted through the hammer mill located
on the far east side of the site adjacent to the railroad tracks. The shredded scrap is brought into the
building and smelted in one of their two smelters. The smelted aluminum is poured into ingots.
This process produces a number of waste streams including air emissions of metals from the smelting
process. These air emissions are removed through a device called a baghouse which is a metal box with a
number of fabric socks or bags within it. The air travels through the fabric and the small particles
(including metals) are removed. This debris is collected in bags. The debris is tested and is either disposed
of as industrial or hazardous waste.
The CUP request will install a new process that recycles the aluminum without the need of smelting. This
process, called Custom Clean Charge (CCC), sorts shredded material into different metals or alloys. The
sorting process is similar to the non-ferrous metal recycling facility that the City approved at SKB earlier
this year. The shredded metal travels over conveyors that include eddy currents to sort the material. The
manufacturers will accept this sorted and shredded material instead of the ingots that Spectro now
produces. The CCC does not need the smelters, reducing the energy used in the recycling process and
reduces baghouse waste.
The CUP is required because installation of the CCC equipment and bins that store the separated material
will result in the aggregate area of outdoor structures being greater than 15% of the total gross area of the
principal building. Spectro currently has a number of outdoor structures including a scale, oxygen tanks,
bins and hammer mill. These structures are about 13% of the area of the existing building. The CCC
structures would double the amount of outdoor structures to 26% of the building.
Square Feet % of Principal Building
Principal Building 81,171 sq. ft. n/a
Existing Outdoor Structures 10,625 sq. ft. 13.09 %
CCC Structures 10,800 sq. ft. 13.31 %
Total Outdoor Structures 21,425 sq. ft. 26.39 %
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Legal Non-Conforming Status
Spectro is non-conforming due to the development on the site, specifically the amount of outside storage
on the site. When evaluating a land use request with non-conforming status, two determinations must be
made. First, is the use legal, which means that the use had complied with the City Code when it began, or
is it illegal because it did not comply with the City Code standards when it started operation? Spectro
began operation in 1973. At that time, the City had a zoning ordinance that did not limit outdoor storage
in the general industrial district, did not require parking and maneuvering areas to be paved, and the
Mississippi River Critical Area Corridor did not exist. Since 1973, the City has adopted zoning ordinances
that included performance standards limiting outdoor storage, requiring the paving of parking and
maneuvering areas and requiring a 40 foot setback from the bluff line. Spectro is a legal non-conformity
and the use would be permitted by the current ordinance. It is the development and site improvements
that are non-conforming, specifically the three items noted above.
Second, non-conformities cannot be expanded when new operations, processes, buildings, or structures
are installed. Spectro’s existing non-conformities include the gravel semi-trailer parking area in the
southern corner of the site; the lack of a 40 foot setback from the bluff line; and the outdoor storage of
maintenance equipment, scrap waiting to be processed, baghouse dust, and other wastes waiting to be
tested before disposal. The gravel parking area is not impacted by this request. The CCC equipment and
structures will be installed at least 40 feet from the bluff line. To prevent the outdoor storage to be moved
to some other location on the site, a condition is included that prevents the outdoor storage of scrap or
waste within 400 feet of Minnesota Highway 55.
Custom Clean Charge Process and Outdoor Structures
The CCC process will require four enclosures and conveyors connecting three of the four enclosures. The
enclosures will have three sides so that a front end loader or skid steer can transfer material from the
structures to trucks or other structures. The first enclosure will be constructed on the north side if the
existing building and will hold the raw shredded material before it is sorted. The second enclosure will be
located about 40 feet north of the first enclosure and will contain the primary sorting machine. The third
and fourth enclosure will be separated bins in which the sorted finished material will be dropped. The
material will be brought from the second enclosure to the bins by a conveyor traveling over the bins. The
conveyor will be covered to prevent the material from falling off or being blown off.
The first two enclosures will have metal sides and either metal or fabric covers. The bins of the final two
enclosures will be made of cast-in-place concrete and the bins and conveyors will be covered by a metal
roof. All enclosures will be installed at least 40 feet from the bluff line. The northern three structures will
be installed about 40 feet north of the existing building to maintain maneuvering for the trucks and facility
equipment.
11-4-16: C. General Industrial Outdoor Structures Accessory Use
The GI: General Industrial Zoning Ordinance allows outdoor structures as accessory use. The City Code
reads as follows: Outdoor structures. Functioning structures such as conveyor belt systems, cooling
towers, storage silos, or the like that are accessory and integral to the principal use of the site may be
exempt from the requirements of section 11-2-9, "Outdoor Storage", of this title, subject to the following:
1. The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into
a building design.
Finding: The current shredding and sorting of raw material occurs in outdoor structures along the eastern edge of the
site. The CCC proposal continues the shredding and sorting of material in the newly installed outdoor structures.
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2. The site and building(s) shall be designed to screen and limit the effects of the outdoor structure or
equipment (noise, vibrations, illumination, particulate, or the like) on adjacent properties and
public right(s) of way.
Finding: The CCC structures will be located to the north of (behind) the existing building and will not be visible
from the Minnesota Highway 55 or Doyle Path right-of-ways. The conveyors and bins will be covered limiting any
adverse effects. The CCC structures will be installed 40 feet south of the bluff line as required by the Mississippi
River Corridor Critical Area. The CCC structures will be about 350 feet from Pine Bend Trail.
3. The outdoor structure or equipment shall be located on an approved surface in a remote location
that is not adjacent to any public right of way or nonindustrial use or district.
Finding: The CCC structures will be located in an area that is currently paved. The structures are located north of
(behind) the existing building and about 350 feet from Pine Bend Trail. The properties to the north, east, and west
are industrial. The property to the south is waste management. The CCC structures are not adjacent to the public
right-of-way.
4. The aggregate area for outdoor structure or equipment shall be limited to an area equal to fifteen
percent (15%) of the gross floor area of the principal building and to a height not to exceed
seventy feet (70'). Larger areas or taller structures or equipment may be approved by the city
through a conditional use permit.
Finding: Currently, outdoor structures on the site (oxygen tanks, hammer mill, storage bins, and scale) are about
13% (10,625 square feet) of the gross floor area of the principal structure. The CCC structures will add 13%
(10,800 square feet) of gross floor area to a total of 26%. To accommodate this request, the Executive Summary’s
recommendation would grant Spectro a CUP to exceed the 15% standard. The highest CCC structure (covered
storage bins) will be less than 50 feet tall.
5. The outdoor structure or equipment shall not take up, encroach upon, or interfere with access to,
any required yard, parking, loading, maneuvering, or pedestrian area.
Finding: The CCC structures will are separated from the principal building by about 40 feet to maintain loading
and maneuvering. The CCC structures will be located 40 feet from the bluff line maintaining the required yard and
setback from the bluff. There is no parking or pedestrian area to the north of (behind) the building.
6. The city may exempt outdoor structure or equipment from the site and building performance
standards in subsection G of this section; however all such structures or equipment must be
functional and shall be made of high quality long lasting material compatible with both adjacent
properties and other buildings in the GI district.
Finding: The CCC structures will be concrete storage structures with metal coverings and metal and rubber
conveyors. The concrete storage structures do meet the required building materials. The conveyors and their covers are
long lasting materials.
Conditional Use Permit
The purpose of conditional use permits (CUPs) is to allow for those uses which may be suitable for a
given site under certain circumstances. The request is subject to the general CUP standards outlined in
Section 11-10-7. These standards evaluate the City’s land use and zoning performance standards in the
context of the proposed use’s potential impact on the surrounding properties. After reviewing the
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applicant’s plans in comparison with the applicable standards, staff finds the proposed use meets the
conditional use permit requirements and recommends approval.
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the city.
Finding: The proposed use is consistent with the City’s land use and development regulations for general industrial uses.
The proposed use is not detrimental to the public health, safety, or general welfare of the neighborhood or the City of
Rosemount. Public health and general welfare will likely increase due to the reduced energy use and air emissions through
processing the material in the CCC process instead of being smelted in the current process.
2. Will be harmonious with the objectives of the comprehensive plan and city code provisions.
Finding: The site is designated as general industrial and is surrounded by heavy industrial, general industrial, and waste
management uses. These uses allow or are similar to the metal processing use proposed by the CCC outdoor structures.
Staff finds that the CCC process is harmonious with the objectives of the City’s plans and codes.
3. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an
architectural and landscape appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area, nor substantially diminish or impair
property values within the neighborhood.
Finding: The surrounding existing and planned land uses are heavy industrial, general industrial, or waste management.
The general industrial uses allow a minor amount of outdoor structures while heavy industrial uses are predominately
outdoor structures. The allowance of less than 30% outdoor structure for Spectro, most of which are located behind
building, does not change the essential character of the area.
4. Will be served adequately by existing (or those proposed in the project) essential public facilities
and services, including streets, police and fire protection, drainage, structures, refuse disposal,
water and sewer systems, and schools.
Finding: The existing site will be adequately served by essential public facilities and services. Access to the subject
property will come either directly from Minnesota Highway 55 or from Doyle Path. The site is served by City water but
has its own septic system located north of the Doyle Path cul-de-sac. This septic system is adequate for the workforce of
Spectro.
5. Will not involve uses, activities, processes, material equipment, and conditions of operation that
will be hazardous or detrimental to any persons, property, or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare, or odors.
Finding: The CCC system will reduce the amount of aluminum that is smelted resulting in lower air emissions and
waste generation. This will reduce activities and processes that would be hazardous or detrimental.
6. Will have vehicular ingress and egress to the property which does not create traffic congestion or
interfere with traffic on surrounding public streets.
Finding: The site has two accesses, one directly from Minnesota Highway 55 and on from the end of the cul-de-sac at
Doyle Path. This traffic pattern has occurred for decades without interference to the surrounding streets or properties.
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7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major
importance and will comply with all local, state, and federal environmental quality standards.
Finding: Spectro Alloy is located within Mississippi River Critical Area Corridor which intends to protect the bluffs
adjacent to the Mississippi River. The new CCC structures will not impact the bluffs and be located 40 feet from the
bluff line. The CCC process will have less of an environmental impact than the existing smelting process.
8. These standards apply in addition to specific conditions as may be applied throughout this code.
Finding: The existing operation is a legal non-conforming use. The largest non-conformity is the amount of outdoor
storage on the site. Spectro has recently reduced the amount of outdoor storage and organized the different types of outdoor
storage. Staff is most concerned with the storage of the scrap used in the plant’s operation and the storage of waste while it
is being tested before it is sent off site for disposal. Spectro is currently storing the scrap and waste north and east of
Doyle Path. Staff has proposed a condition that requires that scrap and waste storage occur more than 400 feet from the
Minnesota Highway 55 right-of-way.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council approve the Conditional Use Permit
to Spectro Alloy to install the Custom Clean Charge (CCC) outdoor structures, subject to the staff
recommended conditions. This recommendation is based on the information submitted by the applicant
and findings made in this report.
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