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HomeMy WebLinkAbout2010-06-02 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/2/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Hold the public hearing on the conditional use permit application to allow a temporary concrete mixing plant on the northwest corner of East Point Douglas Road and Keats Avenue (CSAH 19). 2. Consider approving the conditional use permit. STAFF RECOMMENDATION Adopt the resolution approving the conditional use permit allowing a temporary concrete mixing plant. ADVISORY COMMISSION ACTION DATE ® PLANNING 5/24/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO /LETTER: Memo from John McCool dated 5/28/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 5/24/10 Planning Commission Minutes ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER Ns � 072, CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: May 28, 2010 RE: Conditional Use Permit — Temporary Concrete Mixing Plant ,:•, PCiRoads, LLC wishes to locate a temporary concrete batch or mixing plant at the northwest corner of East Point Douglas Road and Keats Avenue (CSAH 19). The proposed site is cur- rently the location of a sand and gravel mining operation. The plant would produce concrete for the upcoming resurfacing of TH61 and will vacate the site upon the completion of this project. H:7 J r FI T Cottage Grove J \ Drive -In •, I \, w. a i a,e � \C N i yyY'1 s� � Dannoy Inc. � � Site Gmding Prgoet Location Map PCI's PROPOSED CONCRETE Concrete plants require a conditional use permit (CUP). A CUP is required whether the plant is permanent or temporary. The Planning Commission reviewed the proposed conditional use permit application at their meeting on May 24, 2010. No public testimony or written comments were received at that meeting. The Commission was open to the idea of extending work hours if it results in com- pleting the TH61 resurfacing project earlier. The Commission expressed concerns for: Honorable Mayor, City Council, and Ryan Schroeder PCI's Conditional Use Permit — Temporary Concrete Mixing Plant May 25, 2010 Page 2 of 2 Traffic safety in the vicinity of the East Point Douglas Road and Keats Avenue intersec- tion and the access drive on East Point Douglas Road where the temporary concrete mixing plant is located; and • Damage to East Point Douglas Road by heavy equipment and high volume truck trips. The Commission was told that traffic safety and movements, particularly during peak periods, will be monitored and modified throughout the TH61 resurfacing project. East Point Douglas Road and Keats Avenue will be inspected before and after the resurfacing project to determine if damage occurred. The contractor will be responsible for any damages to these roads. The Commission unanimously recommended approval (7 -to -0 vote) of PCiRoad's conditional use permit application to operate a temporary concrete mixing plant. An excerpt from the Plan- ning Commission's unapproved minutes is attached. Planning Considerations Proposed Site The temporary concrete mixing plant is proposed to be located on a 6.7 -acre site at the north- west corner of East Point Douglas Road and Keats Avenue. Danner Inc. is currently using this site as a staging area for the excavation work they are performing on the adjoining property. Their equipment will be relocated to the Apache Chief Theater site, but access to East Point Douglas Road will still be allowed across the 6.7 -acre site. No trees need to be removed from the 6.7 -acre site. East Point Douglas Road and Keats Avenue will be visually inspected and a numeric value known as a pavement condition index (PCI) will be determined before the temporary concrete mixing plant is placed on the property and after its removal. PCiRoads, LLC is responsible for repairing any damages to these roads that resulted from their equipment and trucks. That the City Council hold the public hearing for PCiRoad's conditional use permit application to operate a temporary concrete mixing on the 6.7 -acre parcel located at the northwest corner of the East Point Douglas Road and Keats Avenue intersection. A public hearing notice announcing this public hearing was published in the South Washington County Bulletin on May 26, 2010. Public hearing notices were mailed on May 21, 2010 to 27 neighboring property owners. Depending on testimony, the City Council may approve the conditional use permit subject to the conditions listed in the draft resolution. RESOLUTION NO. 2010 -XXX AND EAST POINT DOUGLAS ROAD WHEREAS, PCi Roads, LLC has applied for a conditional use permit to allow a concrete batch or mixing plant to produce concrete for the upcoming repaving of TH61 on land located northwest of Keats Avenue (County Road 19) and East Point Douglas Road, on property legally described as: North ' / 2 of the Southeast % of Section 22, Township 27 North, Range 21 West; except the 9.27 acres and easement for County Road 19A — Parcel 2; and except that part of the Northeast 7 /4 of the Southeast '/4 of Section 22, Township 27 North, Range 21 West and part of the Northwest % of the Southeast Y4 being that part lying southeasterly of the southeasterly right -of -way for County Highway 19A. WHEREAS, the Planning Commission reviewed this application at their meeting on May 24, 2010, and unanimously recommended approval of the conditional use permit, subject to certain conditions; and WHEREAS, a public hearing notice was published in the South Washington County Bulletin on May 26, 2010; and WHEREAS, public hearing notices were mailed to 27 neighboring property owners on May 21, 2010; and WHEREAS, the City Council held the public hearing at their meeting on June 2, 2010. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit to allow a concrete batch or mixing plant to produce concrete for the upcoming resurfacing of TH61 on land located northwest of Keats Avenue (County Road 19) and East Point Douglas Road, subject to the following conditions: 1. The temporary concrete batch plant and ancillary equipment and materials must be from the site no later than December 31, 2010. 2. Site restoration must be completed within 30 -days after the concrete mixing plant and equipment are removed from the site. 3. Any activity which creates erosion or sedimentation problems, flooding, ponding and /or negatively alters water drainage must be corrected by the land owner or operator. 4. Temporary basins may be required as part of erosion and sediment control during construction operations. The duration of the basins is dependent upon the time of excavation and re- vegetation of the site. Resolution No. 2010 -XXX Page 2 of 2 5. For soil stockpiles greater than 10 cubic yards, the toe of the stockpile must be at least 30 feet from any road or drainage channel. Erosion from stockpiles shall be controlled by placing appropriate barriers around the pile as necessary to contain sediments. If these measures do not adequately control the erosion, the piles shall be stabilized by mulching, vegetative cover, tarps, or other means. PCI Roads must restore the site back to its conditions prior to PCI occupying the site. 6. A temporary rock pad entrance must be installed at all points where vehicles exit and must be constructed prior to commencement of preparing the site for the temporary concrete mixing plant. The rock pad is to be maintained to accommodate continuous removal of mud from vehicles. The rock pad must meet design criteria, standards, and specifications found in the MPCA publication "Protecting Water Quality in Urban Areas." 7. The landowner or operator must sweep East Point Douglas Road and Keats Avenue as needed to remove any sediment and /or debris that may accumulate due to vehicles and equipment entering and exiting the site. The City may require street sweeping within 24 hours of verbal or written notification. If the street is not swept, the City will clean the street and bill the owner or operator, as determined by the Public Works Director. 8. Corrective action and landscape restoration for erosion or sedimentation problems on neighboring properties, or any location other than the permitted site, must commence within 24 hours of written or verbal notification. 9. Burying organic material or construction debris is prohibited. 10. The landowner and operator must allow City staff to enter the site to inspect the erosion and sediment control measures required by the permit. 11. Access from Keats Avenue (CSAH 19) is prohibited. 12. Crushing rock, concrete, asphalt, and similar materials is prohibited. 13. The applicant is responsible for the cost and repair of all damages to East Point Douglas Road and Keats Avenue that is the result of their equipment traveling to and from the temporary concrete mixing plant site. Passed this 2nd day of June, 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON MAY 24, 2010 6.4 Concrete Mixing Plant — Case CUP10 -012 PCI, LLC has applied for a conditional use permit to allow a concrete mixing plant on the northwest corner of Highway 61 and County Road 19. (The public hearing will be held at the City Council meeting on June 2, 2010.) McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Messick asked what the full name of the applicant is. McCool responded Pavement Concrete Inc. Brittain asked if there is a plan for tree replacement in the northern area of the site. McCool responded yes, noting that the property to the north is part of a phased grading plan. The first phase is in the north /northeast of the property site, and some tree removal was part of the first phase. A new application will be required for them to proceed with the next phase to the west. They have inventoried the trees in the wooded area, and as part of city ordinance requirements, tree mitigation would be required either on site or as payment for tree plant- ings off the property in the future. Brittain asked about traffic levels from this concrete plant. McCool responded that he does not have any specific numbers but it will probably be quite extensive. Brittain asked if there would be any additional traffic control planned at that inter- section. McCool responded that the city will monitor the traffic conditions, and if necessary require some type of traffic control. Linse asked who would pay for traffic control. McCool responded it would be their cost. Rambacher asked if all the truck traffic on East Point Douglas Road has caused any wear and tear that should be mitigated by the companies doing the hauling. McCool responded that the city is monitoring that, and any damage caused to the roadway will have to be repaired. Linse asked if they doing site grading activities or is this proposal just an accessory use. McCool stated that the six -acre site that the concrete mixing plant would be located on has been graded so site preparation is not needed, but the property to the north is being graded, and they are removing excess material for future development. The contractor for the High- way 61 resurfacing project will probably be using this material as part of the mixing batch plant. Linse then asked if the time restrictions for the site grading activity also apply to the concrete batch plant. McCool responded that the approvals for the concrete batch plant will expire in December 2012. The site grading on the property to north will continue beyond 2012 but another conditional use permit will be required for those future phases. Linse asked if the hours of operation for the concrete batch plant would have the same time restrictions as the site grading operation. McCool responded that it is prohibited to operated from 7:00 p.m. to 7:00 a.m. and he would check to see if they could operate on Saturdays and Sun- days. Linse asked if there been any thought to increasing the hours of operation of the mix plant to shorten the time period of the Highway 61 construction project. He suggested changing the prohibition on operations to 8:00 p.m. to 6:00 a.m. Excerpt from Planning Commission Minutes Concrete Mixing Plant — Case CUP10 -012 May 24, 2010 Page 2 of 2 Messick asked if there were any public comments on the application. No one spoke. Brittain stated that with respect to the hours of operation, he understands Linse's point and on this particular site, he would not disagree. However, he would like something in the record regarding the fact that this is a remote location that lends itself to extending the hours some- what. He wants to ensure that this would not set a precedent. Rostad made a motion to recommend approval of the conditional use permit subject to the conditions listed below. Poncin seconded. 1. All conditions of Resolution No. 2009 -012, which approved a grading permit for the site, will apply to this conditional use permit. 2. The concrete batch plant must be removed from the site no later than December 31, 2010. Motion passed unanimously (7 -to -0 vote).