HomeMy WebLinkAbout10.C.1. Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel � o. c . � .
CITY OF SHAKOPEE
Memorandum
CASE NO.: 12-019
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Review of the Conditional Use Permit and Mineral Extraction and Land
Rehabilitation Permit for Shakopee Gravel
DATE: August 21, 2012
REVIEW PERIOD: Apri126—August 24, 2012
ACTION SOUGHT:
Shakopee Gravel, Inc. is requesting that the City Council accept the review of the permit for their
mining operation located off 17th Avenue & Canterbury Road.
INTRODUCTION:
Shakopee Gravel, Inc. has submitted an application for annual review of a conditional use permit
(CUP) and a mineral extraction and land rehabilitation permit for their operation located at 1650
County State Aid Highway (CSAH) 83. A condition of approval includes a requirement that the
permits be reviewed annually by the Board of Adjustment and Appeals and City Council.
CONSIDERATIONS:
Shakopee Gravel, Inc. received approval of an amendment to the CUP and Mineral Extraction
and Land Rehabilitation Permit Renewal on November 21, 2006 (Resolution No. 6533). Most
recently, they received a positive review of their operation by the Board of Adjustment and
Appeals on August 9, 2012 and a positive review by the City Council on September 20, 2011.
The conditions contained in the adopted resolution are listed below with planning staff's
review/comments following in italics. Staff received comments from City Engineering and the
Fire Deparhnent. The Engineering department memorandum is attached for the Board's
information. The Board should review the information submitted by the applicant, information
provided by staff and outside reviewing agencies, as well as comments, information, and
testimony provided by the public in conducting the review of this permit.
Additionally, it should be noted that staff and representatives of Shakopee Gravel have had
several discussions concerning the operation of the business and the future development of the
property, including the end date as referenced in several conditions of this permit review, and
plan to provide a detailed report regarding these issues to the BOAA and City Council this fall.
The conditions of the adopted resolution are listed below, with staff's comments in italics:
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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 1 Sth 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.
This condition is presently being met. Staff sent a notice on June 281h to property owners
along Wyndam Drive, to the Southern Meadows and Thomas A. Philipp Addition
Homeowners Associations, and to homeowners in the Southern Meadows subdivision that
are adjacent to the Shakopee Gravel site. The applicant submitted the application on
April 25`", 2012, which complies with the condition requirement. The applicant included
an update on the amount of product removed fi^om the site during the past year, and an
updated site plan that identifies the current mining and reclamation areas.
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.
The Board has previously approved the Mineral Extraction and Land Rehabilitation
Permit and Conditional Use Permit. In the event the Board determines that the CUP
should be amended, it may be appropriate to also re-affirm the 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.
Securiry fencing has been in place for a several years around the perimeter of this site.
Recently, access to the site was relocated and new fencing was installed along the east
boundary as part of the Counry Road 83 Yoad construction project.
4. The applicant shall obtain a County Road Entrance permit from the Scott County
Highway Engineer.
Scott Counry has previously pYOVided staff a copy of an application for access driveway
oY entrance permit, dated March 22, 1999, which was a request to widen the existing
entrance and black top the entrance.
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5. County Road weight restrictions shall be adhered to. Truck traffic shall be limited to the
use of County Road 83 to 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.
This condition is presently being met.
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
(2006) 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.
The applicant has met the above five (S) conditions.
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.
Mining operations (i.e. the extraction,processing and removal of sand, gravel, rock or
other material) are not occurring within 100 feet of any residential or commercial
property lines.
8. All portable buildings must be approved by the Building Official.
This condition is presently being met.
9. Truck loading operations within the pit shall 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.
The applicant has represented that they are in compliance with this condition, and staff
has received no evidence to the contrary.
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10. Dust must be controlled by paving main access roads, watering haul roads and
equipment and by any other means which will control adverse effects of dust on
neighboring properties.
The applicant is aware of the need to monitor the dust levels generated from their haul
roads, mining activity, and equipment, and periodically utilize their watering truck for
addressing this issue. They have been notified by Scott County and the City to keep
adjacent streets, sidewalks and trails free of any offsite sediment tracking, and that they
are responsible for stYeet sweeping. They are working with a contractor to sweep the
d�°ives and streets as needed to comply with this condition.
1 l. Noise emissions shall not exceed the noise limits as noted in Section 10.60 (Noise
Elimination and Noise Prevention) of the Shakopee City Code.
Staff is not aware of any complaints regarding noise in the past year.
12. Two propane tanks shall be permitted, one 325-gallon tank located next to the scale
building and one 100-pound tank located next to the maintenance/electrical building.
The propane shall be used to heat these two buildings only. The propane 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 part of this conditional use and mining permit.
There exist two (2) diesel fuel tanks which are fastened to trailers. The trailers house the
generators that run the mining equipment. These tanks are approximately 4 feet high, 6-
8 feet wide and 6-8 feet deep. There do not appear to be any additional tanks since staff
conducted a site visit in May, 2002.
The Fire Department commented that the prope�ty owner should.• 1)provide the Fire
Department with a list of tanks and tank sizes,for those tanks listed in this condition; and
2) work with the Fire Department to develop a Pre-Fire Incident Plan for the operations.
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.
There exist two (2) light sources; one that is located near the eguipment on the floor of
the mining operation and one that is located outside the scale building, which due to the
relocation of the entrance%xit, no longer is visible off site.
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.
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Staff is not aware of any stockpiles ofgravel that are exceeding the height of the
surrounding be�°ms, nor encroaching upon the setbacks. The perimeter berms aYe either
import material and/o�black dirt scraped from the surface and stockpiled for site
reclamation.
15. The applicant shall be responsible for reimbursing the City for all costs incurred in
reviewing the permit through the life of the operation.
This condition is presently being met.
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.
The revised end use plan approved in May, 2002 is the one that the city staff will continue
to utilize in the ongoing review of this property.
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 of the approved permits 3)
background information as contained in the memo prepared by Merila and Associates,
Inc.; dated Apri130, 1985.
This condition has been met. Shakopee Gravel, Inc., is the operator of the mine.
18. The City's approval of the 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.
This condition has been met. The applicant has provided information on the past
extraction rates and the estimated remaining balance of material on site, noting that the
estimated completion date for mining operations is February 28, 2019, which is nine (9)
months longer than the estimated completion date from last year (May 30, 2018 -see
information submitted by the applicant) and over six (6)years later than the original
estimated date. As noted above in the report, Shakopee Gravel and city staff have been in
discussions related to the completion of mining the material on the site, and with the
likely involvement of the City Attorney, expect to be before the BOAA and the City
Council on these issues later in 2012.
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.
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Staff is not aware of any complaints in the past year, other than the need to monitor
sweeping of County Road 83, which they are presently doing.
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.
Staff has not received any evidence of violations in the past year. Thus, this condition is
simply a statement of the Board's authority, and requires a factual determination by the
Board as to whether there are substantial or repeated violations.
21. Allow for the relocation of the central processing area.
At this time, staff is not awaYe of any immediate plans to relocate the central processing
area furtheY to the west on the property. The operator is aware that if the processing
area is moved, that all conditions listed in this resolution,particularly those pertaining to
setback requirements and noise emission control requirements, will be reviewed for
compliance.
22. Allow the final development grades to be between an elevation of 764 at the bottom of
the proposed ponds and 832 feet.
The applicant is aware that the grade of the final development of this property shall
occur within the elevations noted.
23. The operation should be mined in five phases, except as modified by any subsequent
amendment to or renewal of the CUP and Mining permit.
This is the intent of the operation. They are principally mining the area of the fourth
phase (see submitted existing conditions map).
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, renewal, or
amendment. Mining extraction shall not exceed a depth greater than ten (10) feet above
the established ground water MSL elevation.
This condition has been met. The applicant has continued to provide staff with the
quarterly groundwater monitoring reports, which staff has been sharing with Shakopee
Public Utility Commission staff, the Environmental Advisory Committee, and the City
Council. It should be noted that there were no diesel range organics (dro's) detected in
the past year.
25. The mine shall operate for 17 years beginning on January 16, 1996, and terminating on
January 16, 2013.
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The applicant did provide a comment on this condition, reiterating their average
extraction rate for the past several years and the estimated amount of material yet to be
mined from this site, as well as their estimated completion date for mining operations
(February 28, 2019, whereas it was estimated at last year's review that the completion
date would be May 30, 2018 and the year before that August 30, 2017). As noted above
in the report, Shakopee Gravel and city staff have been in discussions related to the
completion of mining the material on the site, and with the likely involvement of the City
Attorney, e.�pect to be before the BOAA and the City Council on these issues later in
2012.
26. Provided that the applicant is granted access to future 17tb Avenue, consistent with the
end use development of the property, the applicant agrees to dedicate the right of way for
future 17t�' Avenue at no cost to the City and accept assessments based upon the end use
development of the property.
This condition has been met.
27. The sanitary sewer along future 17th Avenue is shown, but not approved. Future
extension of 17�' Avenue 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.
This condition has been met.
28. Access spacing to future 17th Avenue 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.
Further review will occur at or before the time of submittal of a preliminary plat
application for this property.
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.
The applicant is presently documenting all imported material and has this information
readily available_for staff review as necessary. Staff has personally veYified that the
operators are monitoring the material being imported onto the site. There presently are
four (4) areas where reclamation activities are occurring: along the east side, north of
the scale%ffice bldg., in the southeast area of the site, in the northwest area of the site,
and along the west side of the site,just north of the 2011 pit edge area (see submitted site
plan dated 12/21/2011). Again, reclamation efforts have been quite aggressive in the
past year, due to the property owneY establishing an agreement with a contractor
wo�king on a large project that is bringing an eztensive amount ofproduct onto the site.
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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.
The applicant has stated that this condition is being met. The applicant is presently
documenting all imported material and has this information readily available,for staff
review as necessary.
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.
The applicant has stated that this condition is being met, and will be verified by staff
following completion of the mining activity.
32. The storm sewer discharge along future 17th Avenue 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
Avenue. The property owner shall pay the cost of lowering this trunk line.
This condition has been met.
33. No Construction cutting or filling in the Minnegasco Easement #1997-7, recorded as
document #0393488, except as authorized by Minnegasco.
This condition appears to be met.
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.
The applicant has provided the earthwork quantity calculations as required.
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.
The property owne��does not intend to bring solid waste material onto the site. The
owner is aware of the requirement if they elect to pursue this further.
Planning staff sent out the applicant's submittal to other city departments and a number of
reviewing agencies, and received comments back from the City Engineering Department and the
Fire Department. The City Engineering Department has provided the following comments for
the applicant and for the Board:
1. Adjacent streets, sidewalks and trails will be kept free of any offsite sediment
tracking. The applicant will be responsible for street sweeping.
2. Turf shall be established onsite as per requirements set forth by the National
Pollutant and Discharge Elimination System (NPDES) permit program.
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3. Erosion control measures shall be installed, inspected and maintained as per
requirements set forth by the National Pollutant and Discharge Elimination
System (NPDES) permit program.
4. Slopes of all berms, existing and proposed, shall comply with standards set forth
by the City of Shakopee's Design Criteria.
5. All berms, existing and proposed, shall receive a minimum of six (6) inches of
topsoil. The topsoil, whether salvaged or imported, shall meet the requirements
of select topsoil borrow as defined by MnDOT's specification 3877.
6. No import of material shall be utilized for the end use grading plans.
7. The applicant shall work with the City to restore previous mining areas as
additional areas are opened.
8. The storm sewer discharge rate from the site shall comply with all requirements
set forth by the City Engineer.
BOARD OF ADJUSTMENT AND APPEALS RECOMMENDATION
The Board of Adjustment and Appeals,by a 4-0 vote, recommended that the Council accept the
review of this permit as conditioned in approved Resolution No. 6533. This information is being
provided to the City Council as required by approved Resolution No. 6533 (see condition no. 1).
There was significant discussion with the applicant regarding the end date as noted in conditions
no. 18 & 25, which will warrant additional discussion between staff and the applicant in the near
future. Planning staff and the City Attorney have had several discussions regarding this issue.
Additionally, the Board discussed the height of some of the end product piles, requesting that
those piles be either reduced in height or seeded to minimize blowing of product off the site.
The Board was also informed of a resident's concern regarding the need for mowing of the
plant/turf cover adjacent to the homes in Wyndam Ponds.
VISIONING RELATIONSHIP
This action supports Goal B "Positively manage the challenges and opportunities presented by
growth, development and change".
ALTERNATIVES
1. Accept the review of the permit as conditioned in approved Resolution No. 6533.
2. Accept the review of the permit, subject to modifications.
3. Deny the review of the permit.
4. Continue the review of the permit.
ACTION REQUESTED
Offer a motion accepting the review of the permit as conditioned in approved Resolution No. 6533,
and move its approval.
�
Mark Nob
Planner II
CG2012/08-21/shakopeegravelreview.doc
9
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City Code,Sectia� ]1,55,Subd�„far;�.�nnditicaiial t�se Pennit tt��p�r�e.a mine;arui
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'�t�'HEREAS, t�s ���I �s s�tl Zc��ci
+�e F� 3' Agriouh�uai P�s..°nration (AG) Zone with a
Nunin�flverlay t'IriiIN�Zone; �d
� `� �", �: pi�' u�xm w�i�h t� request is �ing m�t1� �s I„
follows: �y descri�d as
The lvvrtheast C)uurter r�f th��rxrthwe�t Qucrrter ofSection 16,
Tawnshi� 11�North, Rrnz�c��? i�'est, Scau�aunt't��11im�sata.
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�4is�.� 7"nat part af tiz�S��ieast Quarter nf the Nartn�a.st Quarter of,Seclian 17, Town.�hip
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V4'HEREAS,notice w�ss pz�vided anc�an S::pt�nb�r 7, ZEK}6,the Sha�:op;:e Board of
Acijusxmem and App-,yais condu,.^t�:d�pubiic hearin�regardmg this�Sp�ication. at which it heard
from th:Cc�mmufuty Llev�lopment�ire�tar c�r his ci.�sipc�ee an�iavited mem�Zers ca�tl�:public tc}
cornmennt;anci
Q4'HEREAS, an Qctab�r 19> 20(1�,tne Shakopee B�ard of A,aiusmz�nt sud Ag��s
approved the revie��of t�is applicatian, ��ir�revise� conditir�ns. and
�'H�I�EAS,t�t�aPPiicaat time}y anp�aied the d..��t�rmination of the B�ard af
Adjus�m�nrs and App�a�s; and
�'T�ERE�,.S,ti�e Cit��Coun:il rr��i��ued th� app�.,a� of th.. appiic�t at t'ti:ir rne�tings on
Ivov�m�r S, 2U06 and?tiovemb�21, ?f1�5; and
�'�EREAS,ti2e Cxt��Council's reacbed the following findin�;s with respect to tl��
r�uest:
W�EREt�S,the City Council reauhed the follawing findings with respset to the
re�uested revie��of the Condihanal L1se FermitlLand Rehabilitatian Permit:
Finding#1: Aft.�r reviewing the evidence in the recard,the Council has concluded that
with the conditians stipulated, the use will nat be injuriaus to the use and
e�njoyment of other pro�rty in the viciIIity.
Fincting#2: The Cc�uncil finds that the renevval to xhe conc�itional use,miu�ral
extraction and laud rehabilitation permit, wifh the canditians stipulateti,
wiil not impede the narm�l and c�rderly developinrnt and imgrovement of
surr°undi��FTC�Perty.
Pinding#3: Adequate u�iliti�s,access, drainaee and oti�er necessar,v�iirti�s�zst�
s�rve the site.
Finding#4: The�se, wrth the conditions stin�ated, is consistent wi�h�he purpas�s oi
the�A,�ricult�ral Freservatian(AG) Zone and h�4v;rl���(�v1IN}
Z.one.
Finding�5: The us4 is co�sistent with the Co�nprehrasive Pl� guiding for the subject
site.
NOa',TH�REF€}RE BE I'�' R;ES��.,�'ED BY THE C�' �OUN�IL,�F
T�E CITY Q���AKOPEE,IVIIN�TES�TA�.,A.S��LLUV�'�:
That tne rcvieN�of Resolution No. 6344 is hereby upproved, subject to the,fallowing revised
COJt[�IhO71S.'
l. The Sbakopee Saard af Aajuskments and Appea�s shall zrview th� Conditional t3se Pemut
and Mineral Extraction and Land Relria.biiitation Permit annualjy to ensure t�zat the
awner/operator is in full campiiance witil all provisions of the Conditional Lis�Permit�
The ovvr�iap�rator shall app�y for review na �ater than Tuly 1��' of eachv�ar.
Agpficatians iar CU�'and h�ii�:er�1 Ea.�trac�iQn and Land Rehabiiifiaticm Permit revi�will
inclurl:recards af gravndwa�r monitaring information. Qi+ith each agpficatioa for
reviev�;tlie apglicant shali submit a canscaiidaied and updated aperatians plan.
Notificatian of the m�eting sha.�I accur thxough use Qf the lacal newspa}�er and throu;gh
natification ta desi�nated regresentarives of the neighbarhoc�d Ioeat.ed within 350 fs�t of
the Shaicopee Gravei property. The findinas of eac�i annual rer�iew by the Baard a�f
Adjustments and App:ais shall b�reported directly to the City Cauncil.
Response: Tbis candrtion is beiwg me�. '�'�e BaAA voteci G-0 to �ccept a�eview o�'t6e
permit and fiie it at its re�ui�Er mee�ing or� September 8,�011.In ad�dirfio�#o tbe
required appiication forms and fees,twenty-s� capies af the Exisfing Ownersi�ip Pla�,
twentY-six eopies of the E�sting �oadi�ian Plan snd one cops�af si� of tbe qu�.rteriy
gronn�water reports to c�ate fnave aisa bee� submitted nnder separate caveE.
2. Approval of a Conditianal lise Permit amendment is cantingent upon Board of
Adjustment and Appeals apprava.l of tne MineraI Extractian and Land Rehabili#�tic�n
Permit.
Response: Tinis cot�ditiQZ� h�s been gn�.
3. 5ecurity fencing sh. oe used on the main access roads to c�. .c►I vehicuiar access ta the
mining and ec�uipment area, and alang any adjacent residential development� Additionally,
the appIicant shall install fencing adjac�nt to athe:developing properties within 90 daSFs
(dependin�;on v�reather conditions) �f the time a final plat for those prap;sties is recorded.
Respc�use: Th�is condific�� 6as been me�.
4. The appTicaz�t sha11 abtain a Counry Road Entrance permit from�the Scrnt CQUn�v
I iiahway E�,�ineer.
I�e�pQnse: T�is condi�ian has been met�� o�`11��a�i�22, 1�?9.
S. CQUnty Road weight r�strictions shall be adhered to. Truck tra.ffic shalI be Iirruted to the
us�af County Raad 83 to Hwy. 169, Hwy. 101 and Counry Road 42. A�soiute�y na truck
tra�"tic frQm�he ma�ting caperation shall be routed tbrc�ugh the urban por�icm of the City of
Shakopee.
Respanse: T'he aperatian of the basu�ess is in ca�Enpjiane�with fhis conaition.
C. DesignimainteIIan�e trea�ment crf th�berm ac�ja�ent to the residential praprrties alon�
Shakopee Gravel�n�.'s west property tine sha11 be cansistent with th�foliowi.ng additiona.l
cc�nditions:
a. IYIa:i.ntenance�f a I:l s1Qpe far the berm adjacent to the homes in V�yndam Fancis
(incl�ding re�ar�ing wnere necessaz��on the north end, i.e. first 4 praperti�s}to remedy
those spots where erasion may ha.�e accurr�-.,d.
b. Removal c�f the b�z�a, or rehu�ing tbe beim to 3:1 slape along Sauti�ern Meadows as
outiined at the publie hearin�meeting pr�cet�ing the October 19`h meeting.
c. Remaval of the we�.ycis using tbe st.egs outiined by tire Scott Ct»woty Vve.ed
In�pectc�r.
d. Sta.bilizatian of the siopes, estabiishment af plant/tcirf cov�r,and m�wing at least once
a yeaz ar as need.,-d more than that ta maintain a suita.ble appearance.
e. A lanc�scape/trec:planting plsn shall be submitted to and approved by the Cit3� af
S�a�apee prior to iristallaticm of a mi� of 2 �/2" (min.) caliper�eciduQUS tr�s and �'
-8' tall coniierous trees, l.5 fe�t on center with a 5 foat offset acljac�nt to th�
progerties in the VJyndam Ponds Subeiivision.
Respanse: Tidis c�t�ditia� 6as been met,
7. The muxing operatian shall maintain the follo�vin�minimum setbacks: 100 feet from any
residennrial or cammercial groperty Iine; �UO feet from anST residential or commercial
structure that�vas in existence grior tm cammeneement af mining,enmless the written.cansent
of a�J own:rrs and residen*.s ar o:cupants of s.aid strv�tur�s is obtainecl; 30 feet from any rQad
right-c�f-wa1�.
RespeQSe: 'I'his condifia� is being met
8. A11 portable bui}dings must b� approved by�he Building O�'iciat.
I�e�ponse: '�"inis condi�ion bas been aret.
9. Truck Iaauing opera�ions within the pit siaall be aiiawed irom 7 am.-5 p.m., Nionday thru
Frida��. �11 otner ap°.,ra.tions sbatl ne atlowed from S am. - 5 p.m., I�onday tiiru�'naay.
�espoase: This caodi�ian€ is being m�g.
10. Lhtst must be controtled�y paving main arcess roads,watering haul raads and
equzpment and by any otner means whi;h wi�l contml adverse effe:ts of dust on
nei�hboring PmFrrties.
Respan�e: Ti�is ecRnditien is being me�.
11. Noise emissions shall no�e�.ceed the State s nois�Iimits, as nated in Sectian 1 Q.60
(Noise Elimination and Nc�ise Freven�aon) of the Shakap�e City Caae.
Respanse: This conditiun is 6�i�tg m�.
12. Two diesel tanks and two propaue tanks for th.e storage af fuel shall be prrmitted oa- site.
T'ne tar�k.S must be installed and maintained in accordance with State Fire Ivfarshail Rules
(Chapter 7410.31QD—7�10.3?80). The�e shall be�o other fi�el tanks a�-sitP unless said
tanks re,ce�ve per�nit approval from the Minnesota Pollution Control Agency(ivf�"Cf�}or
other requirea agencS�. Tlnere shall br no t�e or stor��of explasives except as auproved in
advance as a part af this conditica�ai u�and miniug Permit•
R�gactse: This c�nc�rtian 6as been met.
13.No direct axterior Iightin� shall be visible fram adjacent properties or the public
right��way. Two I25-watt higl�-pressure sotiium security Iights can be insta�lled on the
site and they must be located on tb: site as shown an the submitted plan.
Respc�nse: '!'ha�eon�ition h�s bee� met.
14. Stacl�piles of gravel shail be allowed t4 excesd 25 feet in height, but not �ce�d the hei�t
af the surrounding berms and shall b� setback from the propert�� Iines so that visual
impact is minimat from the su�rounaing FTOP`art}'.
Respo�se: This condition is being met.
15. The applic�nt shalt be responsitsle for reimbursin�the City far atl ca�sts incurred in
reviewing the prrmit through tlze Iife af the aperatio�,
�e.spa�nse: '�`his condition is being met.
16. Tlie��ised GraveI Ea-tcaction Pian and the End Use Plau,as su't�iniitted by tl�e agpiicant,
s�ai1 be adhered to,wifi�.QUz modi'°ncatians,unless approved in ad�ance bv the Board of
Adjustment and Appeals.
Respoase: �'i�i� candi�ia� is beiag t�te�.
17. The appiicant shaL' prepar� in report form,a plan fQr operaiion, which if accegtable, shall
be adopted h��resolution as the Minin�Perinit. ?'he Plan iar Operation shalI he comprised
of 1)th4 submitted maps A,B, C; 2}the conditions of the �pproved p�anits 3)ba�l:ground
infor�ation as eamained ir� the memo prepared by Meri�a and�.ssoci.ates, Inc.;dat�d April
3Q, 1985.
�.espouse: This sp� .ic concii�ean was sai�fiet� in L99�. T, requiremeat far an
updated and current p[an for operatiaQ is providec� for in CoHditioQ �.
18. The City's approvai af the psnnit (CUP and Minin3)is niade in retiancP upon the
ap��icant's representatit�ns re�artiinu the Iife of the ogeration (17 years). .Any factors, or
future developments which si�uficantly delay the completion of�h�mining aperation,,may
be viewed by the City as sufficient gounds to revake Y�oth p�rmits.
Respeetse: The average eztra��iaB c�a:�e it�tt�e.en Septeffiber t49& and Dccembe�
2011 wss 23,t108 ct�hic��rds per mantiY,8t16 enbic yactis per mo��th less than
repar�ed l�sst year. An as�iin�ted 1,972,456 eabic ys�ds t-emaias to be mined and
based on the current egtraetion ra�te,�he �imat�d eampietion date far mining
aperahoas is Febraary 2�,20�:9, nine maatbs k►nger tieaa tbe es�ina�ted s.ompietion
date ias�vea�.
'I'be app�iicant wiil eQntiau�e to keep the City informed af tke amount of inetc�isi saic�
and imparted as required in t�re C`U�,�nd �will a�so prov�de an es�imttte of the
ma�kerisw�'1'helieved to be remsiQing an si�. �he�pptie�.nt wi1�siso ec�n�mue ta�ag
steps#o setl tfie mate�l oe t6�e prarperty an� �ill �sre inf�rmatioa with t6e�it�to
iliustrate the stai�ts 4f it:� minie�a�tivifies.
19. The Condtitional Use and 1vI'n'ng Permits may t�e re�fiewed prior to the s�heduled annual
reuiew,if the Cin�receiv�s eornplaints, suppc��rte�by evidence inaica�ing that the con,d�ions
of th..Pse permits are being violated. Upon reeeipt af such complaints, the Board of
A�justm�t anci�pp�.,als' shall revieul the cc�mgiain#s to determiue w}�ether it shouid
sehedule a puhi�c hearing, in accortiance with the proper^procedures for notic�and
publicatian.
l�eepa�nse: Ci� staff 6�s aot received� soy ct�mptaints over f�e isat fiftee� years th�t
reQuired revie� prior to �he scheciui� t�ev��, bnt the aPPticant agrees fhat t[�e Ciity
has the aathority te revierw tl�is permit at any �ime.
2Q. If�e$amrd of Adjustment and Appea�s finds thax the appl�i�ts have substantiallv or
rep�..atediy viola�ed tbe tezms of this agreem�t,the Board of Adjixstments and Appcals may
revoke said permit.
RespaQSe: 'I'he terms of#he a�re�m�t have bee� met.
21. Allaw far the reloea�ion af the central proeessing area..
Respanse: '�e centra6 p�►ceasing are.�wit� oni�� be reioeatecl �f it i�s nec.�sit�� b3'
re�iamatian far�taged deveiopmen�.
22. Allow the final developn�ent grad�s to be between an el�vation of'764 at the bottom af
tiie groposed ponds and 8�2 feet.
Respanse: Th�s �ond�itio� i� bein�me�.
23. The operation shcauid be mined in iive phases, except as modified by any suhses�uent
amentimant to the CUP and Mining gerniit.
�espaBSe: �`bis con�rtia�a i� �€n�met.
24. The appiicant shall estabiish a manitoring well an the subject site for ground water quality
monitoring, and shall regularly (at least quarterly} record measurements frQm that well,
which measurements shall be submitted�uith any appli:ation far review or amendment.
Mining extraction shall not exceed a depth �eater than ten (l0) feet above the established
ground water MSL elevation.
Respanae: '�his cundition ns being met.
25. The mining aperarions shall ogerate far 17 years��inning on 3anuary 16, 1996, and
t�minatin�on,3anuary 1��6, 20I3.
Respoase: See r�.spoase ta Coadifio� 1&.
26. £�ravided that the app�icant is �ranted access�o fut�e 17�' �4venue, ca�is�ent with the end
use development of the propert��,the app�icant agre�s to det�ir,ate the ri�ht af way fc�r
future I7�'Avenue at no east to the City and a.ceept a�sessments based upc�za the end use
development of t�grop�rty.
Response: Tbis cx��di�iaa i�as hs�n me�
27. The sanitary sewer alvng firt�re 17�'Avenue is shown, but not approved. Future extension
of 17m Avenue will deterfnine the ultimate a�igiment and depth, The City Engineer sball
d°termine and propase a mutually agreeabie location and depth for the truuk sazutsr31 sewer
along future 17�' Avenue.
Response: This cond�ition Inas be�en met
?8. Access spacing ta fu�re 17�' Avenue and CSAH 83 will be detennined by Scott Count��,
City Qf Shakopee and the ap�Iica�t upon appraval af the preliminary plat for the e.nd use.
R.espwase: Not appluc:xbie at���ime. t�►cc�ar�isg to p�cemme�nia 6� �it�,
Staff,"F�rrtl�er re�i��il�aecur at or befare lfi�e hme of sabntit(€ai10�`a
preiiminary pist�PF�ic.a�tian fo�t�tis pwrop�rtt�."
29. Material.imported onto th�site for raclama�ic�n�nd final site grading shaIl be monitored
to�nsure that it is environmentailyr elean. Records shall be kept of alI imported mat:�ria1
and all af the necessary doewmenta�.ian shall be available. The agpiicant wilt eertify t�at
the property meets any� a�d all standards set bry the MPCA or government board thal
regulates mine reclamation.
Respause: '�his condi�io�e is being met�nd tfnis �fQr�ua�ion is s6are�t wit�City
Staff ciu�ing its annaa[ revie�a.
30. Material imported onto the site a�rid us�d in the reclamation and final site �rading shall anly
include soil materials of a bearin� capacity sufficient to support dev�iopment �s prapos;d
in the End Use Plaa. Tbe d�pe�siting and comp�action of mazerials shall b�don:in
aceordanee with specifieatiatt�prepared by a Iicens�d g�tec�nical engineer.
�espanse: Ati fdE that is p�ac� as ga�t of tbe cecbamatioa proeess �s p�ac�c� �nd
campactec� in xecarc��nce wi�i� acceptec� en�gi�esring sta.nc�a�s ta ensure the
creation of aceeptabie bescin�; eapaciE��tc►Rc�ppa�fu��e e�eveto��nea��.
�1. The site shall �reclairned in accor€ianGe wi#h the End Use Pian and b: available for
deveiapment within ane canstructio�n season foliowing the compietion of mining
aetivities, if nat before.
Respaase: T6is con�i�iv�a is being me�.
�2. The storm sewer dischar�e a1Qng futur� 17`� Avenue shall not exceed the d4sign 4apacity
in the CSAH 83 mu� sto�n sewer as det„-rminrd by the�ity En�in.err. The d�velQpment
of the subject prap�rry wvitll necessita�e the Iowering of the starm sewer along fv.�.ure 17�'
Av�nue. The prop�rry awrier shail pay the cost of Iow�rring this trunk Iine.
Respoase: T`inis consiitia� has beeg me.t.
33. Na Construction cutting or filling uz tne Ivlinnegascci Ea�s�nent�1997-7,recoraed as
document#0393488, except as authoriz�ci by Nginn��asco.
R�panse: "�'his cundifiaa is beia�met.
34. The appiicant is to pro�Rde to the eity �z earthwark quamity caJ.culation, to be completed
by a Rebist�red Frof�ssional Engineer or R:gistered Landscapa Architect, and the
applicant is tcj grovide tv the city cxn a�►annt�al basis the quantity af expart and import
m�at..�iais.
�esponae: This �ondirtian is being ntet on a� anau$I b�sis. 'I'he aperatians area of the
site is surveyed �t the end of eaeh y�r to itientify the eurcent mine face snd sioci�piles
of aggregate pt�duets for ssie. At�uua!salles eu�Iing ��embe�'
3�rt af:e�cit ye�r sre repa� ta Scott Coun�. '�'lee appiicant 6ss expo�
�56s�39 ktose eet6�ic y$rds �L,C'Y) fcokm.Tsuus�t � ta Deeember 3`1,20I1, snd imparted
4E1,520 LCY of a�ateriat fram 3aIIU�ry 1 to Y1►��emb�r 31,2011. The E�ist�g
eonditiac� Plan i�ias4x�tfa� t6e histocic pit�dige�, restaratio� area�aud etaekp�ies af
va�ious prnd�c�s as af December �9,2Q�1. l�ieew;informa�on is s�[peremposed over the
topagrapi�ic m�PP@� Frepare� fram as�rial Pha�agraphy �eptember 29,2tlOZ.
35. If the mini�g opera.tic��z intends ta t7ring safid waste material a�to the site,a soiid waste
Iiee.ns�m�2st first be approve.�by th� Scatt Coumy Environm�ntal'I-�ealth Department.
RespoQSe. '�'he app�ieant does not intend to brin� solid waste mafieriat anto the site.
Adopied in sessio� af the City Council of the Cit�r of Sha�c�pee,
I'v�iuzesota. l�eld tlie c�a`� of , 200fi.
1V�ayar af the City uf Slnakop�
4'�"I'E�T":
eit��C�er�
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L4 Halrnr.c Str�eet Sotirth
Shakope�,MN 55379
�Elt�'IF��ATI�N �F RESE3�.�T'PI�1N N�. 6��3
I, 3udith S. Co�:,Cit��Cierk far the City af Shat:apee, do h„�re'tsy c��that the a�taeheci is a u�ue
and carrect co�y of R.esalutian Na. 6533, presented to and adopted by the City Cauncil af the
�it�� of Slzakagee at a dvly authorizeti meetinp thereaf l�eld on the aay of , 2U46,
as shown hy minutes of the meeting in m}�perssession.
Dated this da.y of , 20_.
3udith S. Co�.
Cit��Clerk
����
City of Shakopee
Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Conditional Use Permit Annual Review—Shakopee Gravel, Inc.
PID NO.: 27-916006-1, 27-916010-0, 27-916011-0, 27-917002-0
CASE NO.: 12019
DATE: June 18, 2012
The application indicates a request for the review of a Conditional Use Permit (CUP) for
Shakopee Gravel, Inc. The property is located in the southwest quadrant of the County Road
83 (Canterbury Road) and 17th Avenue intersection.
The engineering department has completed its review and offers the following comments at
this time for the applicant and for the planning department:
1. Adjacent streets, sidewalks and trails will be kept free of any offsite sediment
tracking. The applicant will be responsible for street sweeping.
2. Turf shall be established onsite as per requirements set forth by the National
Pollutant and Discharge Elimination System (NPDES) permit program.
3. Erosion control measures shall be installed, inspected and maintained as per
requirements set forth by the National Pollutant and Discharge E(imination
System (NPDES) permit program.
4. Slopes of all berms, existing and proposed, shall comply with standards set forth
by the City of Shakopee's Design Criteria.
5. All berms, existing and proposed, shall receive a minimum of six (6) inches of
topsoif. The topsoil, whether safvaged or imported, shall meet the requirements
of select topsoil borrow as defined by MnDOT's specification 3877.
6. No import of material shall be utilized for the end use grading plans.
7. The appiicant shall work with the City to restore previous mining areas as
additional areas are opened.
8. The storm sewer discharge rate from the site shall comply with all requirements
set forth by the City Engineer.
Recommendation
Should the City choose to approve the CUP, the engineering department suggests the
conditions listed above be attached as conditions of the approval.
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