HomeMy WebLinkAbout01-19 CONDITIONAL USE PERMIT
RESOLUTION 01-19
APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXCAVATION OF SAND
AND GRAVEL ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 22, T 115, R22 FOR RYAN CONTRACTING
MOTION BY: PETERSEN SECOND BY: ZIESKA
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on
November 8, 1999, to consider an application from Ryan Contracting for a
Conditional Use Permit (CUP) to allow excavation of sand and gravel and the
City Council heard the case on December 6, 1999; and
WHEREAS, Notice of the public hearing on said CUP has been duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the CUP for Ryan Contracting; and
WHEREAS, On December 6, 1999, the City Council considered the request for a CUP;
and
WHEREAS, On December 6, 1999, the City Council continued their review of this CUP to
January 18, 2000 to allow time for a workshop on the request to be held and
said workshop was held on January 3, 2000; and
WHEREAS, On January 18, 2000, the City Council heard the request and continued final
action pending a petition for EAW; and
WHEREAS, On February 7, 2000, the City Council determined an EAW was necessary
and the 60-day rule was suspended as required by Minnesota Statutes 15.99
until action on the EAW was completed; and
WHEREAS, On January 22, 2001, following review of the comments and responses to the
comments on the EAW, the City Council voted to defer action on this
decision until February 20, 2001, in accordance with Minnesota Rules
4400.1700, subp. 2a, in order to allow staff the opportunity to clarify
some conflicting information about the wetlands on the site and on the
number of wells needed for this project; and
r:h'esoluti\planresX2001 \01-19.doc Page I
16200 Ea§le Creek Ave. S.E., Prior I2ke, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) ~47-4245
WHEREAS, On February 20, 2001, the City Council considered the EAW for this project
and made a negative declaration on the need for further environmental
review; and
WHEREAS, On February 23, 2001, in accordance with Minnesota Rules 4400.1700, subp.
5, the City distributed a notice of the City Council decision and responses to
the comments received on the EAW; and
WHEREAS, The Planning Commission and City Council find the CUP for Excavation of
Sand and Gravel located in the SE Quarter of Section 22, T115, R22 for Ryan
Contracting in accord with existing development in the area surrounding the
project; and
WHEREAS, The Planning Commission and City Council find the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance as
they relate to conditionally permitted uses, and further, that the proposed
CLIP meets the criteria for approval of CUP as contained in Section 1108 and
Section 1101.509 (2) Excavation of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
I. The recitals set forth above are incorporated herein as if fully set forth.
II. The Conditional Use Permit applies to the following legally described property:
The Northwest Quarter of the Southeast Quarter of Section 22, Township 115, Range 22,
except the West Half of said Northwest Quarter of the Southeast Quarter, Scott County,
Minnesota; and
The West 990.00 feet (as measured at right angles) of the northeast quarter of the
Southeast Quarter of Section 22, Township 115, Range 22 EXCEPTING therefrom the
following: The south 622.29feet of the West 700. OO feet (as measured at right angles to
the south and west lines) of said Northeast Quarter of the Southeast Quarter. Containing
20 acres more or less.
III. The City Council hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
b. The use will not be detrimental to the health, safety, morals and general welfare of
the community as a whole. The conditions applied to the permit will protect the
health, safety and general welfare of the community.
c. The use is consistent with the intent and purpose of the Zoning Ordinance and the
Use District in which the Conditional Use is located.
d. The use will not have undue adverse impacts on governmental facilities, services, or
improvements, which are either existing or proposed. The potential impact on the
adjacent public roads is addressed in the conditions set forth herein.
r:~resoluti\planresX2001 \01-19.doc Page 2
e. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use. The required berming, landscaping,
prohibition against on-site lighting and limitations on the hours of operation will
protect the adjacent properties.
f. The use will be compatible with the general welfare, public safety and
neighborhood character when the conditions are applied and complied with.
IV. The Conditional Use Permit is hereby approved subject to the following conditions
a. This resolution is the Conditional Use Permit.
b. The CUP is not valid until this resolution is recorded.
c. Prior to the recording of the resolution, the following revisions must be made to the
plans and reviewed and approved by City staff:
1) The landscape plan must be revised to indicate a one for one replacement of
trees removed (42 caliper inches) as part of the reclamation and staging
plan. The plan must also indicate that plantings are to be installed upon
completion of each phase.
2) The lan&cape plan must be revised to include landscaping of 1 tree per 10
lineal feet of berm as per item 7 on Recapitulation of CUP Application
submitted by Ryan Contracting, and to include an additional 10 perimeter
trees as shown on the proposed landscape plan.
3) The plans must be revised to identify a 24' wide paved driveway from the
public street to the parking lot, a paved parking lot, and a paved fueling pad.
4) The parking area must be buffered by screening with additional plantings.
This is to be shown on a revised landscaping plan.
5) Drainage and storm water rate calculations and plans for engineered
drainage and storm water controls must be submitted to the City for review
and approval
6) The plans must be revised to eliminate the permanent above-ground fuel
storage area.
7) Utility plans indicating electrical line locations must be submitted, if there is
to be electrical equipment on the site.
8) The plans must be revised to identify a monitoring well at the northwest
corner of the site. The exact number, location, depth, and specification are to
be based on recommendations from a certified independent consultant
approved by the City Engineer.
9) The applicant and property owners must enter into a Developer's Agreement
with the City. The Developers Agreement includes provisions dealing with
right of entry and indemnification. Treatment of the required Irrevocable
Letter of Credit is also detailed within the Agreement.
10) An Irrevocable Letter of Credit, on a form prepared by the City and approved
by the City Attorney, is to be submitted prior to the recording of the
resolution. The amount of the LOC is for $420,500 (approximately 125% of
the following costs) and ensures the following:
r:\resoluti\planresX2001 \01-19.doc Page 3
(a) McKenna Road maintenance ($100,000);
(b) Paved driveway and parking area ($37,200);
(c) Landscaping costs ($11,687.50);
(d) Dust control ($5, 000);
(e) Reclamation (final site restoration, grading)($75,000);
09 Monitoring of the wetland and ground water (monitoring
wel0($7,500);
(g) Any environmental contamination, including groundwater
pollution, wetland diminution or destruction ($100, 000)
(h) Any fees incurred by the City in the enforcement of the Conditional
Use Permit.
11) If the City must draw upon the irrevocable letter of credit, the applicant shall
be responsible for bringing the irrevocable letter of credit back to $420,500
within 15 days of any draw down.
12) The applicant is responsible to pay the City for all related costs per City
Code Section 1109.902. These costs will include, but are not limited to, fees
incurred by the City for the preparation and recording of the Developer's
Agreement, inspection costs, attorney's fees, and retaining of consultants.
13) Prior to beginning work, the required PCA permits must be obtained, and
copies provided to the City.
14) The required Watershed permits must be obtained, and copies provided to the
City prior to beginning work.
15) An Assent Form, as required by ordinance, is to be signed by the applicant
and all property owners.
d. These conditions must be met prior to beginning work:
1) A wetland delineation report must be prepared and submitted to the City to
determine if jurisdictional wetlands are present on the site, and is to include,
if necessary, wetland replacement or mitigation plans. The monitoring well
is to be installed at the site. Baseline water quality analysis of the DNR
protected wetland is to be completed and results submitted to the City as
prepared by an independent laboratory approved by the City. Testing
parameters and frequencies are identified in IV, e, 6 and 7.
2) The operation of the pit cannot result in drainage or other degradation of the
DNR protected wetland. Ryan Contracting is to submit to the City for review
and approval a work plan to evaluate the potential effect of the proposed
mining operation on the DNR protected wetland and any other jurisdictional
wetlands on the site. The work is to evaluate potential impact from the
mining below the perched elevation of the wetland or by reducing the
catchment basin size of the wetland. At the completion of the work, a report
is to be submitted to the City that summarizes the findings and provides a
wetland replacement or mitigation plan, if needed.
r:\resoluti\planres\2001 \0 I- 19.doc Page 4
3) Proposed traffic signs require approval from the City Engineer and must
meet MN Uniform Traffic Control Devices standards. Signs must be installed
prior to beginning work. In addition to those proposed, "Trucks Hauling"
signs must be placed on McKenna Road south to CSAH 42.
4) A secured gate and 6' high perimeter fence is to be installed prior to
beginning work. The property must be signed as private property.
5) The driveway from the public street to the parking lot, the parking lot and the
refueling pad must be hard surfaced (paved) and installed prior to beginning
work.
6) The parking area and parking lot screening must be completed.
7) The resolution approving the CUP must be recorded on all affected
properties and proof of such recording presented to the Planning
Department.
8) Prior to beginning work on the site, the City will inspect McKenna Road and
document its current condition. Once work has commenced, the City staff
will inspect the road on an ongoing basis. Repairs required as a result of
this use must be completed no later than October 31st.
e. These conditions are ongoing and must be met at all times:
1) No permanent fuel storage is allowed on the site. All vehicles and equipment
refueling must take place on an impervious pad, required in section IV, c, 3
of this resolution that has the capacity to contain a fuel spill of SO0 gallons.
The fuel tank truck may not be stored overnight. When not in use, all
motorized equipment must be stored on the impervious fueling pad.
Refueling trucks, or truck mounted refueling tanks may not be stationed at the
site except for refueling and cannot be left unattended. All waste fluids and
oils exchanged from on-site equipment during maintenance must be removed
from the site the completion of equipment maintenance.
2) No lighting is permitted on site.
3) The project is limited to 12.91 acres as indicated in Exhibit A, and to an
elevation of 850' MSL.
4) The project approval is only for the extraction and screening of sand and
gravel. There is to be no crushing, washing or other mineral processing
conducted on site.
5) The installation of a water supply well on site is prohibited. Any water
needed on site is to be delivered from off-site sources. No water may be
drawn from the existing wells on the McKenna and Kinney properties on
which the site is located other than water to serve the residential needs of the
existing houses on the properties.
6) Monthly water testing from the required monitoring well is to be conducted
two times prior to initiation of mining at the site. All monitoring results are
to be submitted to the City of Prior Lake Engineering Department within 45
days of each sampling event. The initial two water analyses will serve as the
base line for subsequent biannual (spring and fall) monitoring. Testing shall
r:~resoluti\planres\2001 \01-19.doc Page 5
be done for the following: 1) Volatile Organic Compounds; 2) PCB's; 3)
Ammonia Nitrogen; 4) Kjedahl Nitrogen; 5) Nitrate+Nitrite Nitrogen; 6)
Phosphorus, Total; 7) Total Suspended Solids; 8) Diesel Range Organics;
and 9) Gasoline Range Organics. Ryan Contracting will be responsible for
locating the source of any contamination and taking immediate and
comprehensive corrective action, if necessary, for contamination for which
they are responsible and reporting such action to the City.
7) Water testing from the wetland is to be conducted two times prior to
initiation of mining at the site if there is available water in the wetland. All
monitoring results are to be submitted to the City of Prior Lake Engineering
Department within 45 days of each sampling event. The initial two water
analyses will serve as the base line for subsequent biannual (spring and falO
monitoring. Testing shall be done for the following: 1) Volatile Organic
Compounds; 2) PCB's; 3) Ammonia Nitrogen; 4) Kjedahl Nitrogen; 5)
Nitrate+Nitrite Nitrogen; 6)Phosphorus, Total; 7) Total Suspended Solids;
8) Diesel Range Organics; and 9) Gasoline Range Organics. A staff gauge is
also to be installed to monitor water levels in the wetland with water
elevations recorded monthly. Ryan Contracting will be responsible for
locating the source of any contamination and taking immediate and
comprehensive corrective action, if necessary, for contamination for which
they are responsible, and reporting such action to the City.
8) Initial decibel readings of all equipment used in the mining operation shall
be completed by a party whose credentials and experience shall be approved
by the City, and a written report shall be submitted to the City prior to
beginning work. Decibel readings of all equipment used in the mining
operation shall be completed on a semiannual basis and a written report
submitted to the City.
9) The clean up of gravel as a result of spills or general transportation of gravel
on any public road shall be the responsibility of Ryan Contracting.
10) All traffic as a result of this project is to be routed from the site south to
CSAH 42. No traffic is permitted to the north on McKenna Road into the City
of Shakopee. A sign stating "Truck-No Right Turn" must be posted at the
entrance to McKenna Road.
11) Separate sign permits are required for commercial signage.
12) Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday
(weekdays) and 8.'00 a.m. to 12.'00 noon on Saturdays. The operation is not
allowed to operate on Sunday or legal holidays, except the operation is
allowed on Martin Luther King Day, President's Day, Columbus Day and
Veteran's Day.
13) The operation of the pit cannot result in the drainage or other degradation of
the DNR protected wetland.
14) Watering for dust control shall be done on an as needed basis or within 24
hours written notice from the City. Such notice shall be transmitted by
facsimile to Ryan Contracting. Dust control includes the entire project area
r:Xresoluti\planresX2001 \01-19.doc Page 6
and is not limited to roadways. Water for dust control shall be provided from
an off-site source.
V. The CUP is valid for one year, but is revocable at any time for noncompliance with any
condition contained herein. At the expiration of its one (1) year term, the property owner
may make application to the City to renew the CUP. The initial approval of this CLIP does
not create any right, in law or equity, to the renewal thereof. Any renewal of the CUP is
subject to City Council approval and is to include a staging plan to date, reclamation to
date, along with road quality, wetland quality, air quality reports submitted by qualified
professionals and any other such information as requested by City staff or the City Council
that would aid the City Council in determining whether the excavation activities
conducted pursuant to this CUP created any adverse impacts to the health, safety or
welfare of the City or its residents.
VI. Project Plan Book (application with revisions dated November 19, 1999) submitted by
Ryan Contracting is attached hereto as Exhibit (A) and incorporated as part of this
resolution. If there is any conflict between the Project Plan Book and this resolution, the
conditions of this resolution take precedence.
VII. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Resolution is for any reason held invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portion of this Resolution.
VIII. A Development Agreement memorializing the contents of this resolution shall be prepared
by the City Attorney and approved by the City Council. Any conflict between this
resolution and the Development Agreement shall be resolved in favor of the document
which is more restrictive and whose conditions most protect the environment. The City
Council shall be the sole arbitrator of this decision.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for Ryan Contracting. The contents of Planning Case File #99-075 are hereby entered into
and made a part of the public record and the record of the decision for this case.
Passed and adopted this 27th day of February 2001.
YES NO
Mader X Mader
Ericson Ericson X
Gundlach X Gundlach
Petersen X Petersen
Zieska X Zieska
{Seal} ~tncgf ~;aeger,
r:h'esoluti\planres~2001 \01-19.doc Page 7