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Home My WebLink About6.u. Renewal of the Interim Use Permit for Pine Bend Paving EXECUTIVE SUMMARY City Council Regular Meeting: December 21, 2021 AGENDA ITEM: Case 21-57-IUP Pine Bend Paving Interim Use Permit AGENDA SECTION: Consent PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.u. ATTACHMENTS: Resolution, Excerpt from the November 23rd Planning Commission Meeting Minutes, Location Map, Site Plan, Existing Conditions APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve an Interim Use Permit for Pine Bend Paving subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11-4-16 E. 2. Additional berming and/or screening shall be installed if the existing rail spur is used to deliver aggregate and additional stockpiling occurs north of the asphalt plant. 3. A minimum of one six-foot tall coniferous tree is planted every 20 feet along the top of the berm. 4. The expiration date of the IUP will be December 31, 2026; any extension must be approved by the City Council. SUMMARY Applicant: Joe Jacoby of Pine Bend Paving, Inc. Property Owner: Flint Hills Resources Location: 13155 Courthouse Blvd (Mn Hwy 55) Area in Acres: Approximately 6 acres Comprehensive Plan Designation: GI - General Industrial Current Zoning: GI - General Industrial Surrounding Businesses: West – Feed Products North - Walbon Trucking Northwest – Hawkins, Inc Industrial Chemicals Surrounding Zoning: West: HI – Heavy Industrial South, East, and North: GI – General Industrial The Council is being asked to consider an application from Pine Bend Paving to renew to its Interim Use Permit to operate an asphalt plant on property owned by Flint Hills Resources. Pine Bend Paving has been operating a plant in this location since 2007. Most recently, Pine Bend Paving was issued an Interim Use Permit (IUP) renewal in January 2017, with the condition that their IUP permit will expire on December 31, 2021. Pine Bend Paving is requesting another five (5) year IUP through December 31, 2026. PLANNING COMMISSION ACTION The Planning Commission reviewed the renewal request at its meeting on November 23rd. No public comments were received during the hearing. Prior to the meeting, a commissioner asked if staff were aware of any complaints that were made regarding the plant operation, which at this time no complaints have been received from the public or made to the police department in 2021. This information was provided to the remaining commission members at the Planning Commission meeting. The Planning Commission voted unanimously to recommend approval of the Interim Use Permit renewal for Pine Bend Paving. BACKGROUND The specific location of the asphalt plant is approximately 600 feet south of the Hwy 55 right-of- way. The equipment area measures approximately 350 feet x 400 feet. Various stockpiles of aggregate and concrete material for recycling are located south and east of the equipment. An aerial photo and site plan have been provided to show the layout of the asphalt plant. The dominant feature of the site is the scale area where trucks are loaded. Trucks drive underneath two large cylindrical holding tanks, which discharge the asphalt product. The site currently contains two buildings located in the northwest corner of the property which are being used by a company that refinishes railroad axels. There was a third building located in this area that was a vacant office building, but it was taken down by the property owners a few years ago. Center to the site is a private railroad spur that runs west through the Feed Products site and onto the Hawkins property and the proposed Flint Hills Refinery ATS terminal. Off this spur, along the western edge of the site, is another railroad spur that runs to the two buildings repairing axels. This railroad spur is currently unused. On the south central portion of the site are two capped former bauxite ponds (bauxite was a by-product of the acid plant). The Minnesota Pollution Control Agency (MnPCA) believes these bauxite ponds are stable in their current form, but the MnPCA does not recommend storing material on the former ponds or incorporating them in the working site of the asphalt plant. The asphalt plant, along with the associated aggregate material, are located south of the existing buildings, north and east of the railroad spurs, and west of the bauxite ponds. The Zoning Ordinance requires year-round 100% opaque screening for 30% of the height of the asphalt plant and 50% opaque screening for the 30% to 50% of the height of the asphalt plant. This is accomplished by the berm approximately nine feet tall and 400 feet long, planted with conifers. The berm starts approximately 100 feet from the centerline of Hwy 55 and runs from the eastern edge of the entry drive to the eastern property line. The two existing buildings provide the required screening west of the entry drive to the west property line. If Pine Bend Paving begins using the rail line to haul aggregate creating more stockpiling, additional berming and landscaping will need to be installed to supplement the building and provide 100% opacity. INTERIM USE PERMIT Interim Use Permits are subject to termination upon one of the following events, whichever occurs first: 1. The date stated in the permit. 2. Violation of the condition under which the permit was issued. 3. Change in the city's zoning regulation which renders the use nonconforming. The permit is structured to expire on December 31, 2026. At that time, the applicant would need to apply to renew the IUP, or move the asphalt plant to another site. Findings for Interim Use Permits: 1. The extent, location, and intensity of the use will be in compliance with the Comprehensive Plan. The use is in an area with a land use designation of General Industrial, consistent with the General Industrial zoning. 2. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. The proposed location has direct access with the Hwy 55 right-of-way and an existing right turn lane. MnDOT has jurisdiction for the access. The applicant has an existing haul-route that would eliminate the need for left turn on or off of Hwy 55 during rush hour. 3. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. The proposed location is zoned GI – General Industrial and is surrounded by other similar General and Heavy industrial uses. 4. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The IUP by definition is a temporary use. If Flint Hills Resources were to develop an industrial park within this area, this site can be redeveloped when the IUP expires. 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The location of the asphalt plant, along with the associated berming and screening conforms to the standards of Zoning Codes section 11-4-16 D. RECOMMENDATION Staff and the Planning Commission recommend approval of an Interim Use Permit for Pine Bend Paving, subject to the conditions in the attached Resolution. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021- ___ A RESOLUTION APPROVING THE INTERIM USE PERMIT FOR PINE BEND PAVING, INC. TO OPERATE AN ASPHALT PLANT WHEREAS, the Community Development Department of the City of Rosemount received an application from Pine Bend Paving, Inc. requesting an Interim Use Permit (IUP) for property located on Flint Hills Refinery Land, legally described as: (PID#34-01900-100-11) That part of the NE¼ and that part of the SE¼ of Section 19, Township 115, Range 18, and the part of the SW¼ SE¼ of Section 18, Township 115 , Range 18, Dakota County, Minnesota, described as follows: Commencing at the NW corner of the NE¼ of said Section 19; thence on an assumed bearing of N. 89°54’32” E., along the N line of said NE¼ a distance of 318.23’ to the point of beginning of the property being described; thence N 26°22’32” E 239.77’, more or less, to the centerline of S.T.H. No. 55 as now laid out and traveled; thence S 63°37’28” E, along the centerline of said S.T.H. No. 55 a distance of 830.74’ to the beginning of a tangential curve concave to the SW, central angle 06°53’34”, radius 5729.65’; thence along said curve, being the centerline of said S.T.H. No. 55, a distance of 689.27’, more or less, to its intersection with the W line of the E 870’ of said Section 19; thence S 00°09’51” E along the W line of said E 870’, 2799.91’, more or less, to its intersection with a line drawn parallel with and 200’ northeasterly of the centerline of the Chicago North Western Railway; thence S 46°28’59” W parallel with said centerline 393.41’ to the beginning of a tangential curve concave to the NW, central angle 43°39’23” radius 946.28’; thence along said curve parallel with said railway centerline, 721.02’, thence N 89°51’38” W, tangent to said curve parallel with said railway centerline, 833.70’, more or less, to the N-S ¼ line of said Section 19; thence N 00°01’38” W, along said N-S ¼ line, 2929.96’; thence N 26°22’32” E, 476.29’; thence N 63°37’28” W, 113.17’; thence N 26°22’32” E, 467.31’, more or less, to the point of beginning. EXCEPT the W 450’ of the E½ of the SE¼ of Section 19, Township 115, Range 18, lying North and West of the Railway (PID#34-01900-800-10). WHEREAS, on November 23, 2021, the Planning Commission of the City of Rosemount reviewed the Interim Use Permit application for land located at approximately 13155 Courthouse Boulevard; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Interim Use Permit for Pine Bend Paving, Inc., subject to conditions; and WHEREAS, on December 21, 2021, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation for the Interim Use Permit and agreed with the Planning Commission’s findings. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Interim Use Permit for Pine Bend Paving, Inc. to operate an asphalt plant subject to: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11-4-16 D. RESOLUTION 2021 -__ 2 2. Additional berming and/or screening shall be installed if the existing rail spur is used to deliver aggregate and additional stockpiling occurs north of the asphalt plant. 3. A minimum of one six-foot tall coniferous tree is planted every 20 feet along the top of the berm. 4. The expiration date of the IUP will be December 31, 2026; any extension must be approved by the City Council. ADOPTED this 21st day of December, 2021, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk EXCERPT FROM THE NOVEMBER 23, 2021 PLANNING COMMISSION MEETING MINUTES 5.b. Request by Joe Jacoby of Pine Bend Paving, Inc. for a renewal of their Interim Use Permit. (21-57- IUP) Planner Hogan gave a presentation and summary of the staff report for the Planning Commission. Commissioner Hebert inquired if a five-year renewal period is standard. Hogan confirmed that it is. The public hearing opened at 8:13 pm. Public Comments: None. MOTION by Hebert to close the public hearing. Second by Thiagarajan. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 8:14 pm. Additional Comments: None. MOTION by Reed to recommend that the City Council approve an Interim Use Permit for Pine Bend Paving, Inc. subject to the following conditions: 1. Conformance with the standards of the Asphalt Plant Interim Use Permit of the Zoning Code Section 11-4-16 E. 2. Additional berming and/or screening shall be installed if the existing rail spur is used to deliver aggregate and additional stockpiling occurs north of the asphalt plant. 3. A minimum of one six-foot tall coniferous tree is planted every 20 feet along the top of the berm. 4. The expiration date of the IUP will be December 31, 2026; any extension must be approved by the City Council. Second by Hebert. Ayes: 6. Nays: 0. Motion Passes. Pine Bend Paving Site