Loading...
HomeMy WebLinkAbout5.C.2. Appeal of the Board of Adjustment and Appeals Determination-Res. No. 6533 S:C.;L., CITY OF SHAKOPEE Memorandum CONSENT CASE NO.: 06-089 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II RE: Appeal of the Board of Adjustment and Appeals Determination on Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel DATE: November 21,2006 INTRODUCTION Shakopee Gravel, Inc.(SGI) has made application for an appeal of the annual review of a Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for their operation located at 1650 County State Aid Highway (CSAH) 83. They are appealing the Board of Adjustment and Appeals approval of Resolution No. PC06-075, which was approved with revisions on October 19, 2006. At their November 8,.2006 City Council meeting, the Council reviewed the appeal submitted by Shakopee Gravel, Inc., at which time they directed staff to prepare a resolution upholding the determination of the Board of Adjustment and Appeals, with modifications to Condition No. 6.e. and Condition No. 12, concerning tree plantings and fuel tanks, respectively. ALTERNATIVES 1. Approve Resolution No. 6533, a resolution upholding the determination of the Board of Adjustment and Appeals. 2. Uphold the appeal of the applicant, thereby granting the requested CUP, and direct staff to prepare aresolution for the Council's consent agenda that is consistent with that decision. 3. Do not approve Resolution No. 6533, and direct staff to prepare a resolution denying the request. 4. Table the appeal for additional information. ACTION REQUESTED Approve Resolution No. 6533, a resolution upholding the determination of the Board of Adjustment and Appeals. g:\cc\2006\11-21 \appeal shakopee gravel.doc . RESOLUTION NO. 6533 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING THE RENEWAL OF AMENDMENT NO.4 TO CONDITIONAL USE PERMIT NO. CC-376 (AND SUBSEQUENT AMENDMENTS NO.1, 2 & 3) AND THE MINERAL EXTRACTION AND LAND REHABILITATION PERMIT TO OPERATE A MINE WITHIN THE MINING OVERLAY (MIN) ZONE WHEREAS, Shakopee Gravel, Inc., property owner and applicant, have filed an appeal of the review application of Resolution No. 6344, which was an application for renewal of Amendment No.4 to Conditional Use Permit No. CC-376 (and subsequent amendments No. I, No. 2 and No.3) under the provisions. of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use Permit to operate a mine; and WHEREAS, this parcel is presently zoned Agricultural Preservation (AG) Zone with a Mining Overlay (MIN) Zone; and WHEREAS, the property upon which the request is being made is legally described as follows: The Northeast Quarter of the Northwest Quarter of Section 16, Township 115North, Range 22 West, Scott County Minnesota. Also: the West Haifofthe Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County, Minnesota, lying North and Easterly of the Northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway. Also: That part of the Southeast Quarter of the Northeast Quarter of Section 17, Township 115 North, Range 22 West, Scott County, Minnesota, lying Northeasterly of the Northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway; and WHEREAS, notice was provided and on September 7, 2006, the Shakopee Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director or his designee and invited members of the public to comment; and WHEREAS, on October 19,2006, the Shakopee Board of Adjustment and Appeals approved the review of this application, with revised conditions, and WHEREAS, the applicant timely appealed the determination of the Board of Adjustments and Appeals; and WHEREAS, the City Council reviewed the appeal of the applicant at their meetings on November 8, 2006 and November 21,2006; and WHEREAS, the City Council's reached the following findings with respect to the request: WHEREAS, the City Council reached the following findings with respect to the requested review of the Conditional Use PermitlLand Rehabilitation Permit: Finding #1: After reviewing the evidence in the record, the Council has concluded that with the conditions stipulated, the use will not be injurious to the use and enjoyment of other property in the vicinity. Finding #2: The Council finds that the renewal to the conditional use, mineral extraction and land rehabilitation permit, with the conditions stipulated, will not impede the normal and orderly development and improvement of surrounding property. Finding#3: Adequate utilities, access, drainage and other necessary facilities. exist to serve the site. Finding #4: The use, with the conditions stipulated, is consistent with the purposes of the Agricultural Preservation (AG) Zone and Mining Overlay (MIN) Zone. Finding #5: The use is consistent with the Comprehensive Plan guiding for the subject site. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the review of Resolution No. 6344 is hereby approved, subject to the following revised conditions: 1. The Shakopee Board of Adjustments and Appeals shall review the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit annually to ensure that the owner/operator is in full compliance with all provisions of the Conditional Use Permit. The owner/operator shall apply for review no later than July 15th of each year. Applications for CUP and Mineral Extraction and Land Rehabilitation Permit review will include records of groundwater monitoring information. With each application for review, the applicant shall submit a consolidated and updated operations plan. Notification of the meeting shall occur through use of the local newspaper and through notification to designated representatives of the neighborhood located within 350 feet of the Shakopee Gravel property. The findings of each annual review by the Board of Adjustments and Appeals shall be reported directly to the City Council. 2. Approval of a Conditional Use Permit amendment is contingent upon Board of Adjustment and Appeals approval of the Mineral Extraction and Land Rehabilitation Permit. 3. Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area, and along any adjacent residential development. Additionally, the applicant shall install fencing adjacent to other developing properties within 90 days (depending on weather conditions) of the time a final plat for those properties is recorded. 4. The applicant shall obtain a County Road Entrance permit from the Scott County Highway Engineer. 5. County Road weight restrictions shall be adhered to. Truck traffic shall be limited to the use of County Road 83 to Hwy. 169, Hwy. 101 and County Road 42. Absolutely no truck traffic from the mining operation shall be routed through the urban portion of the City of Shakopee. 6. Design/maintenance treatment of the berm adjacent to the residential properties along Shakopee Gravel Inc.' s west property line shall be consistent with the following additional conditions: a. Maintenance of a 1: 1 slope for the berm adjacent to the homes in Wyndam Ponds (including regarding where necessary on the north end, i.e. first 4 properties) to remedy those spots where erosion may have occurred. b. Removal of the berm, or returning the berm to 3: 1 slope along Southern Meadows as outlined at the public hearing meeting preceding the October 19th meeting. c. Removal of the weeds using the steps outlined by the Scott County Weed Inspector. d. Stabilization of the slopes, establishment of plant/turf cover, and mowing at least once a year or as needed more than that to maintain a suitable appearance. e. A landscape/tree planting plan shall be submitted to and approved by the City of Shakopee prior to installation of a mix of 2 1/2" (min.) caliper deciduous trees and 6' - 8' tall coniferous trees, 15 feet on center with a 5 foot offset adjacent to the properties in the Wyndam Ponds Subdivision. 7. The mining operation shall maintain the following minimum setbacks: 100 feet from any residential or commercial property line; 500 feet from any residential or commercial structure that was in existence prior to commencement of mining, unless the written consent of all owners and residents or occupants of said structures is obtained; 30 feet from any road right-of-way. 8. All portable buildings must be approved by the Building Official. 9. Truck loading operations within the pitshall be allowed from 7 a.m.-5 p.m., Monday thru Friday. All other operations shall be allowed from 8 a.m. - 5 p.m., Monday thru Friday. 10. Dust must be controlled by paving main access roads, watering haul roads and equipment and by any other means which will control adverse affects of dust on neighboring properties. 11. Noise emissions shall not exceed the State's noise limits, as noted in Section 10.60 (Noise Elimination and Noise Prevention) of the Shakopee City Code. 12. Two diesel tanks and two propane tanks for the storage of fuel shall be permitted on-site. The tanks must be installed and maintained in accordance with State Fire Marshall Rules (Chapter 7510.3100 -7510.3280). There shall be no other fuel tanks on-site unless said tanks receive permit approval from the Minnesota Pollution Control Agency (MPCA) or other required agency. There shall be no use or storage of explosives except as approved in advance as a part of this conditional use.and mining permit. 13. No direct exterior lighting shall be visible from adjacent properties or the public right-of-way. Two 125-watt high-pressure sodium security lights can be installed on the site and they must be located on the site as shown on the submitted plan. 14. Stockpiles of gravel shall be allowed to exceed 25 feet in height, but not exceed the height of the surrounding berms and shall be setback from the property lines so that visual impact is minimal from the surrounding property. 15. The applicant shall be responsible for reimbursing the City for all costs incurred in reviewing the permit through the life of the operation. 16. The revised Gravel Extraction Plan and the End Use Plan, as submitted by the applicant, shall be adhered to, without modifications, unless approved in advance by the Board of Adjustment and Appeals. 17. The applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit. The Plan for Operation shall be comprised of 1) the submitted maps A, B, C; 2) the conditions ofthe approved permits 3) background informvation as contained in the memo prepared by Merila and Associates, Inc.; dated April 30, 1985. 18. The City's approval ofthe permits (CUP and Mining) is made in reliance upon the applicant's representations regarding the life of the operation (17 years). Any factors, or future developments which significantly delay the completion of the mining operation, may be viewed by the City as sufficient grounds to revoke both permits. 19. The Conditional Use and Mining Permits may be reviewed prior to the scheduled annual review, if the City receives complaints, supported by evidence indicating that the conditions of these permits are being violated. Upon receipt of such complaints, the Board of Adjustment and Appeals' shall review the complaints to determine whether it should schedule a public hearing, in accordance with the proper procedures for notice and publication. 20. If the Board of Adjustment and Appeals finds that the applicants have substantially or repeatedly violated the terms of this agreement, the Board of Adjustments and Appeals may revoke said permit. 21. Allow for the relocation of the central processing area. 22. Allow the final development grades to be between an elevation of 764 at the bottom of the proposed ponds and 832 feet. 23. The operation should be mined in five phases, except as modified by any subsequent amendment to the CUP and Mining permit. 24. The applicant shall establish a monitoring well on the subject site for ground water quality monitoring, and shall regularly (at least quarterly) record measurements from that well, which measurements shall be submitted with any application for review or amendment. Mining extraction shall not exceed a depth greater than ten (l0) feet above the established ground water MSL elevation. 25. The mining operations shall operate for 17 years beginning on January 16, 1996, and terminating on January 16,2013. 26. Provided that the applicant is granted access to future 17th A venue, consistent with the end use development of the property, the applicant agrees to dedicate the right of way for future 17th A venue at no cost to the City and accept assessments based upon the end use development of the property. 27. The sanitary sewer along future 17th A venue is shown, but not approved. Future extension of 17th A venue will determine the ultimate alignment and depth. The City Engineer shall determine and propose a mutually agreeable location and depth for the trunk sanitary sewer along future 17th Avenue. 28. Access spacing to future 17th A venue and CSAH 83 will be determined by Scott County, City of Shakopee and the applicant upon approval of the preliminary plat for the end use. 29. Material imported onto the site for reclamation and final site grading shall be monitored to ensure that it is environmentally clean. Records shall be kept of all imported material and all of the necessary documentation shall be available. The applicant will certify that the property meets any and all standards set by the MPCA or government board that regulates mine reclamation. 30. Material imported onto the site and used in the reclamation and final site grading shall only include soil materials of a bearing capacity sufficient to support development, as proposed in the End Use Plan. The depositing and compaction of materials shall be done in accordance with specifications prepared by a licensed geotechnical engineer. 31. The site shall be reclaimed in accordance with the End Use Plan and be available for development within one construction season following the completion of mining activities, if not before. 32. The storm sewer discharge along future 17th A venue shall not exceed the design capacity in the CSAH 83 trunk storm sewer as determined by the City Engineer. The development of the subject property will necessitate the lowering of the storm sewer along future 17th A venue. The property owner shall pay the cost of lowering this trunk line. 33. No Construction cutting or filling in the Minnegasco Easement #1997-7, recorded as document #0393488, except as authorized by Minnegasco. 34. The applicant is to provide to the city an earthwork quantity calculation, to be completed by a Registered Professional Engineer or Registered Landscape Architect, and the applicant is to provide to the city on an annual basis the quantity of export and import materials. 35. If the mining operation intends to bring solid waste material onto the site, a solid waste license must first be approved by the Scott County Environmental Health Department. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of ,2006. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: THE CITY OF SHAKOPEE 129 Holmes Street South Shakopee,~ 55379 CERTIFICATION OF RESOLUTION NO. 6533 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 6533, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the _ day of , 2006, as shown by minutes of the meeting in my possession. Dated this _ day of ,20_. Judith S. Cox City Clerk SEAL M oJ -.r ~ '--?~ 1--1) :: a I - - - - I DI I ID 10=11 I OJ I ~ 20 each <Sl a. - S. SS: Austrian Pine. Norvvay Pine. E'9 10 each <Sl 2-1/2.. CAL: Amur Cherry. Thornless Havvthorn ~ 5 each ~ 2-1/2"CAL: Skyline Honeylocust. Sienna <3len lVIaple Note: Total 90 trees as shovvn. Total 100 trees can be planted if each overstory tree replaced vvith tvvo midstory trees_ Concep1:ual Landscape Plan SC3I/VVyndam Ponds Boundary For Discussion Pu rposes C>nly Prepared by DSU 11/21/0a