HomeMy WebLinkAbout[03] St. Joseph Sand and Gravel
CITY OF ST. JOSEPH
PO BOX 585
PO BOX 668
St. Joseph MN 56374
St. Joseph MN 56374
320-363-8825
320-363-7201
Jweyrens@cityofstjoseph.com
MEETING DATE: June 30, 2014
AGENDA ITEM: Public Hearing, Interim Use Permit
St. Joseph Sand and Gravel
Operate a temporary asphalt plant for four (4) years
PREVIOUS BOARD ACTION: Recommended the Stearns County Board of Commissions grant
a conditional Interim Use Permit for four (4) years to allow operation of an asphalt plant.
BACKGROUND INFORMATION: There has been some question as to why St. Joseph Sand and Gravel
has to come before the Joint Planning Board for the renewal of the Interim Use Permit (IUP). When the
initial IUP was issued the Joint Planning Board was a recommending body to Stearns County and the
Stearns County Planning Commission conducted all hearings forwarding a recommendation to the Board
of Commissioners. In December 2010, the Township, City and Stearns County executed a new
agreement designating the Joint Planning Board as the governing body for the Orderly Annexation area.
ATTACHMENTS: Request for Board Action
Public Hearing Notice
Application
Stearns County Staff Report
Draft Findings
REQUESTED BOARD ACTION: The application was received on June 10, 2014 requiring the Board to
taken action within 60 days of that date. Consider the draft findings provided, while taking into account
any public testimony received during the public hearing portion of the meeting.
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CITY OF ST. JOSEPH
PO BOX 585
PO BOX 668
St. Joseph MN 56374
St. Joseph MN 56374
320-363-8825
320-363-7201
Jweyrens@cityofstjoseph.com
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the Joint Planning Board of St. Joseph Township and the
City of St. Joseph will be conducting a public hearing on Monday, June 30, 2014 at 7:00 PM in
the St. Joseph Town Hall, 935 College Avenue South. The purpose of the hearing is to consider
an interim use permit to allow a temporary asphalt plant for four (4) years.
The request for interim use is in accordance with Sections 4.18, 6.15 and 9.15.7A of Stearns
County Land Use and Zoning Ordinance #439 to operate a temporary asphalt plant for four (4)
years. The property under consideration is Lot 1 Block 1 St. Joe Sand and Gravel and part of the
NE1/4 SE1/4, Section 4 and part of the NW1/4 SW1/4 Section 4, lying westerly of County Road
2, St. Joseph Township (124/29). The request for interim use has been submitted by St. Joseph
Sand and Gravel, St. Joseph MN.
Publish: June 18, 2014
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RE ~INE
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JUN 10 2014
APPLICATION FOR
ENVIRONM%TAL SERVICEtONDITIONAL 1 INTERIM USE PERMIT
Concrete or Asphalt Mixing Facility
Environmental Services Department
http: / /co. steams.mn.us/ Environment /LandUscandSubdivision
Administration Center Rm 343 - 705 Courthouse Square - St. Cloud, MN 56303
320- 656 -3613 or 1 -800- 450 -0852 - Fax 320- 656 -6484
Application Fee: $ File No. Receipt No.
Property Owner - �L�f` �1l'' D 2, E L�-� ' -- -- - Phone �•' .�J `'
Property Owner Email
Address of Property 3 1,R5 3 U)j� !iLf
Mailing Address -o. _ r V (-0 31A
Applicant (if different from above) M1G'' +G °1 - �i� _ Phone
Applicant Email 1'hna4Z
Applicant Mailing A
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Parcel I.D. Number(s }3i= z1 -sq� Ck�'
Legal Description K 04 5 W 4
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Township __!f Section 03
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Section of Ordinance V-6
Section of Ordinance 40.-/b
Staff to Complete
Overlay Districts
Floodplain Airport Conservation Overlay
Shoreland: Water Body Name/Number Classification
1. Detailed Description of Request. include current and proposed uses and structures you plan on building;
number of employees and hours of business.
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2. Will the facility be permanent or temporary? —T nppYJ_ Cad
Concrete (Ready Mix) or Asphalt Mixing Facilities list requested days and hours of operation:
Days MfltVJct� 1Y UL �,ZJ'tk�c� Ct U?
Hours Mitt Y [b ti i �'1
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Proposed expiration date (for temporary facilities) `'t y/1-S `
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Note: In order to fully evaluate the proposed use, please supply a site plan map that shows all applicable
distances, setbacks, buildings, roads, etc.
Setbacks and lot size (As shown on site plan)
I . Lot size 5o , D4 Mil%,oa
2. Road right -of -way setback 1 1 VIV�o 1_ 1
3. Rear lot line setback tip (nark p-��
4. Side lot line setbacks 3 50
5. Distance to neighboring residential dwelling unit(s) D1
The following must be submitted with the application (See Section 6.15 Ordinance 439 for additional description):
Transportation management plan
Environmental management plan - F T S�txAp— +('erfemenn s
[� Location of informational sign
® Location and description of screening, if applicable
Property Owners Signature^ `^
Applicant's Signature.
Date 6 f ° / y
Date (,--It) — J 4�f
Signature of this application authorizes Environmental Services Staff to enter upon the property to perform needed
inspections. Entry may be without prior notice.
WHAT HAPPENS NEXT? Staff will review your application and determine if the application is complete.
If the application is complete, the application will be scheduled for a Public Hearing with the County
Planning Commission who will recommend action to the County Board of Commissioners. It typically
takes 2 months from the time a complete application is submitted until the County Board issues final
approval or denial of the CUP / IUP.
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STATE OF MINNESOTA
COUNTY OF STEARNS
In the matter of:
OFFICE OF COUNTY RECORDER f
STEARNS COUNTY, MINNESOTA
Document # 1308632
Certified, Filed, and /or Recorded on
m
02 -02 -2010 at 11:51 AM —~
DIANE GRUNDFIOEFER
STEARNS COUNTY RECORDER
INTERIM USE PERMIT
FILE NO. 10-01
A request for an interim use permit submitted by St. Joseph Sand and Gravel LLC, St.
Joseph, MN. for Melrose Associates Inc and Rothfork Associates Inc, Melrose, MN.
pursuant to Sections 4.18, 7.25 and 9.3.8E & F of the Stearns County Zoning Ordinance
#209, to operate a temporary asphalt plant for four (4) years in an Agricultural 40 zoning
district. Said Ordinance requires an interim use permit for the temporary storage and
operation of equipment (asphalt plant) in an A -40 zoning district.
The above entitled matter was heard before the Steams County Planning Commission on
the 21 st of January, 2010, and granted by the Steams County Board of Commissioners on
the 26th of January, 2010, on the request for an interim use permit pursuant to Steams
County Zoning Ordinance Number 209 for the following property:
PROPERTY ADDRESS: XXXX County Road 2, St. Joseph, MN 56374
PARCEL NO.: 31.20636.0000 & 31.20647.0000
LEGAL DESCRIPTION:
See Attached Exhibit A
IT IS ORDERED that Interim Use Permit No. 10-01 be granted with the following
conditions:
1. Days and hours of operation shall be Gam to 8pm Monday — Friday, 8am to 2pm
Saturday, and no operation on Sundays or holidays.
2. The interim use permit shall expire on January 26, 2014.
3. Recycled asphalt pavement (RAP) and/or excess materials shall be removed
upon completion of operation. -+ e- �;`� oo-AA- � u�d
4. A certified letter shall be sent to Stearns County Environmental Service notifying
them when the equipment is removed from the site.
5. The applicant shall submit a financial guarantee acceptable to the County, in the
amount of $5000, to ensure that the temporary equipment and RAP be removed
upon termination of the interim use permit,
s/ �nuironmeft a.,-,vV—AS SCR_1____of
6. Truck hauling signs are required when hauling is occurring.
7. A sign is required at the entrance showing name(s) and telephone number(s) of
property owner, site operator and hauling contractor.
8. An approach permit is required from the County Highway Department for the
change in use.
9. No more than one asphalt plant shall be located on the property at any given time.
10. Dust shall be controlled.
11. The applicant shall meet with the St. Joseph Township -City of St. Joseph Joint
Planning Commission for review of the requested permit.
STATE OF MINNESOTA)
) ss. ENVIRONMENTAL SERVICES DEPARTMENT
COUNTY OF STEARNS )
1, Donald W. Adams, Director of the Stearns County Environmental Services
Department, do hereby affirm that I have compared the foregoing document and Order
granting this interim use permit with the original Planning Commission minutes thereof
preserved in my office, and have found the same to be a correct and true transcript of
the permit thereof.
Dated this Y 4 day of , 2010.
Director, Environmental Services Department
SCR of 3
Drafted by.
Stearns County Environmental Services
705 Courthouse Square
5t. Cloud, MN 56303
THIS INTERIM USE PERMIT SHALL EXPIRE AND BE CONSIDERED
NULL AND VOID ONE (1) YEAR
AFTER THE FINAL DECISION TO GRANT THE INTERIM USE PERMIT IF NO CONSTRUCTION HAS
BEGUN OR IF THE USE HAS NOT BEEN ESTABLISHED.
SCR of 3
Exhibit A
That part of the Northeast Quarter of the Southeast Quarter of Section 4, and the Northwest
Quarter of the Southwest Quarter of Section 3, Township 124, Range 29, Stearns County,
Minnesota, described as follows: Beginning at the southeast corner of said Northeast Quarter of
the Southcast Quarter; thence South 89 degrees 11 minutes 34 seconds West, assumed bearing,
along the south line of said Northeast Quarter of the Southeast Quarter, 261.51 feet; thence North
01 degrees 49 minutes 52 seconds East, 100.39 feet; thence North 18 degrees 33 minutes 28
seconds West, 13.09 feet; thence North 00 degrees 29 minutes 14 seconds West, 94,97 feet;
thence North 20 degrees 44 minutes 58 seconds East, 25.74 feet; thence North 06 degrees 09
minutes 51 seconds East, 58.80 feet to the westerly extension of the north line of the South
289.08 feet of said Northwest Quarter of the Southwest Quarter; thence North 89 degrees 24
minutes 52 seconds East, along said north line of the South 289.08 feet and its westerly
extension, 1582.26 feet to the east line of said Northwest Quarter of the Southwest Quarter;
thence South 00 degrees 28 minutes 55 seconds East, along said east line, 289.08 feet, to the
southeast corner of said Northwest Quarter of the Southwest Quarter; thence South 89 degrees 24
minutes 52 seconds West, along the south line of the Northwest Quarter of the Southwest
Quarter, 1320.73 feet to the point of beginning.
AND
The North Half of the Southwest Quarter of the Southwest Quarter of Section 3, Township 124,
Range 29, Steams County, Minnesota, LESS AND EXCEPT, the South 315.00 feet of the East
859.33 feet of the North Half of the Southwest Quarter of the Southwest Quarter of Section 3,
Township 124, Range 29, Stearns County, Minnesota, except the North 60.00 feet of the West
119.60 feet of the East 581.00 feet thereof, except the North 107.70 feet of the West 20.00 feet of
the East 308.80 feet thereof. AND
The North Half of the Southeast Quarter of the Southeast Quarter of Section 4, Township 124,
Range 29, Stearns County, Minnesota. AND
That part of the Northwest Quarter of the Southwest Quarter of Section 3, and the Northeast
Quarter of the Southeast Quarter of Section 4, Township 124, Range 29, Stearns County,
Minnesota, described as follows: Commencing at the southeast corner of said Northeast Quarter
of the Southeast Quarter; thence South 89 degrees 11 minutes 34 seconds West, assumed
bearing, along the south line of said Northeast Quarter of the Southeast Quarter, 261.51 feet, to
the West line of the East 261.51 feet of said Northeast Quarter of the Southeast Quarter and the
point of beginning of the tract to be described; thence continue South 89 degrees 11 minutes 34
seconds West, along said south line, 941.29 feet; thence North 16 degrees 51 minutes 34 seconds .
East, 168.92 feet; thence North 00 degrees 19 minutes 51 seconds East, 66,01 feet, to the /
southwest corner of a certain tract of land described in Document Number 576149, according to
the files of the Stearns County Recorder, thence North 89 degrees 11 minutes 34 seconds East, .
along the south line of said tract of land described in Document Number 676149, a distance of
447.71 feet, to the southeast corner of said tract of land described in Document Number 676149;
thence North 04 degrees 40 minutes 43 seconds Fast, along the east line of said tract of land
described in Document Number 676149 and its northerly extension, a distance of 1002.89 feet; to
the south line of the North 82.50 feet of said Northeast Quarter of t#te Southeast Quarter; thence
North 84 degrees 15 minutes 26 seconds East, along said south line of the North 82.50 feet of the
Northeast Quarter of the Southeast Quarter, 607.51 feet; thence North 89 degrees 28 minutes 08
seconds East, along the south line of the North 82.50 feet of said Northwest Quarter of the
Southwest Quarter, 114.15 feet, to the west line of the East 1206.69 feet of said Northwest
Quarter of the Southwest Quarter; thence South 00 degrees 28 minutes 55 seconds East, along
said west line of the East 1206.69 feet, a distance of 954.45 feet, to the north line of the, South
289.08 feet of said Northwest Quarter of the Southwest Quarter; thence South 89 degrees 24
minutes 52 seconds Guest, along said north line of the South 289.08 feet and its westerly
extension, 359.43 feet; thence South 06 degrees 09 minutes 51 seconds West, 58.80 feet; thence
South 20 degrees 44 minutes 58 seconds West, 25.74 feet; thence South 00 degrees 29 minutes
14 seconds East, 94,97 feet: thence South 18 degrees 33 minutes 28 seconds East, 13.09 feet;
thence South 01 degrees 49 minutes 52 seconds West, 100.39 feet to the point of beginning. SC [t 3 of 3
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Interim Use Permit Request
Temporary Asphalt Plant
File No: P- 001274 Parcel No.: 31.21399.0000
31.20647.0000
Owner: St. Joseph Sand & Gravel
P O Box 639
St. Joseph MN 56374
Description of proposal:
To consider a request for an interim use permit submitted by St. Joseph Sand and Gravel, St.
Joseph MN, according to Sections 4.18, 6.15 and 9.15.7A of Stearns County Land Use and
Zoning Ordinance #439 to operate a temporary asphalt plant for four (4) years. The property
under consideration is Lot 1 Block 1 St. Joe Sand and Gravel and part of the NE1 /4 SE1 /4,
Section 4 and part of the NW1 /4 SW1 /4 Section 4, lying westerly of County Road 2, St. Joseph
Township (124/29).
Background Information:
The properties contain a gravel mining pit, which existed prior to the County Land Use and
Zoning Ordinance 209. The gravel pits were registered as pre- ordinance mining operations in
2004. Mining and processing activities are allowed under the registration. The applicants
received an interim use permit for an asphalt plant in 2010 which expired in 2014.
Below are the conditions of Interim Use Permit 10 -01:
1. Days and hours of operation shall be 6am to 8pm Monday — Friday, Sam to 2pm
Saturday, and no operation on Sundays or holidays.
2. The interim use permit shall expire on January 26, 2014.
3. Recycled asphalt pavement (RAP) and /or excess materials shall be removed upon
completion of operation.
4. A certified letter shall be sent to Stearns County Environmental Services notifying them
when the equipment is removed from the site.
5. The applicant shall submit a financial guarantee acceptable to the County, in the
amount of $5000, to ensure that the temporary equipment and RAP be removed upon
termination of the interim use permit.
6. Truck hauling signs are required when hauling is occurring.
7. A sign is required at the entrance showing name(s) and telephone number(s) of
property owner, site operator and hauling contractor.
8. An approach permit is required from the County Highway Department for the change in
use.
9. No more than one asphalt plant shall be located on the property at any given time.
10. Dust shall be controlled.
11. The applicant shall meet with the St. Joseph Township -City of St. Joseph Joint Planning
Commission for review of the requested permit.
Location of Property: The property under consideration is part of the W1/2 SW1 /4, Section 3
and part of the E1/2 SE1 /4 Section 4, lying westerly of County Road 2, St. Joseph Township
(124/29).
Zoning: Urban Expansion District
Vehicular Access: They will utilize the existing access off County Road 2.
Equipment Placement: The temporary asphalt plant area will be located more than 50 feet from
all property lines. All setbacks will be met.
Consistency with Comprehensive Plan: This use would not be in conflict with the goals and
objectives of the Comprehensive Plan.
Consistency with Comprehensive Plan:
Future Land Use Category = Urban Expansion
Policy Area = Metro Area
Chapter 4. Natural Resources and Environmental Management Plan
Goal 4. Protect the County's aggregate resources and provide for reasonable economic
use of aggregate.
Objective 1. Locate the high quality aggregate resources in the County to guide
protection and utilization activities
Objective 2. Manage aggregate resources to provide for the extraction of high quality
aggregate prior to non - agricultural development on the site.
Objective 3. Adopt regulations to minimize nuisances from aggregate extraction that
affect developed areas and that ensure restoration of extraction sites to
protect other natural resources and natural functions.
Adjacent Land Uses: The surrounding uses are agricultural adjacent to the gravel pits. There are
also rural residential lots surrounding the property. The City of St. Joseph is to the south and
southeast.
Other permits that are required for this site:
• Air Emission Permit from MPCA
• Spill Response Plan
• NPDES Permit from MPCA
Recommended Action: Staff recommends the Joint Planning Board consider the following
conditions for the interim use permit according to Sections 4.18, 6.15, & 9.15.7A of Stearns
County Land Use and Zoning Ordinance #439, or successor ordinance with the following
conditions:
1. Hours of operation. Applicants are requesting hours of operation from 6:OOam to
10:OOpm, Monday through Saturday. Note: the hours of operation on the previous
permit were 6am to 8pm Monday- Friday, Sam to 2pm Saturday. Sundays and Holidays
should be excluded.
2. Date the interim use permit would expire. The applicants are requesting the permit be
valid for 4 years, until December 31, 2018.
3. Recycled asphalt pavement (RAP) and /or excess materials shall be removed upon
completion of operation.
4. The applicant shall submit a financial guarantee in the amount of $5000, to ensure that
the temporary equipment and RAP be removed upon termination of the interim use
permit.
5. Require truck hauling signs during times of hauling.
6. Require signs at entrances showing name of property owner and telephone number(s)
of property owner, site operator and hauling contractor.
7. No more than one asphalt plant shall be located on the property at any given time.
8. Dust shall be controlled.
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STATE OF MINNESOTA
COUNTY OF STEARNS
In the matter of. St. Joseph Sand and Gravel
ST. JOSEPH JOINT PLANNING BOARD
INTERIM USE PROCEEDINGS
The Joint Planning Board considered a request for an Interim Use submitted by St. Joseph Sand and
Gravel to operate a temporary asphalt plant for up to four (4) years. The property under consideration is
Lot I Block I St. Joe Sand and Gravel and part of the NE' /4 SE' /4, Section 4 and part of the NW' /4 SW' /4
Section 4 lying westerly of County Road 2, St. Joseph Township (124/29). The matter was duly
published and notice was provided to property owners within 1250 feet (.25 mile) of the above referenced
property and the Joint Planning Board conducted a public hearing on June 30, 2014.
PARCEL NO.: 31.20636.0000 AND 31.20647.0000
PROPERTY LEGAL DESCRIPTION: See Exhibit A
The St. Joseph Joint Planning Board acknowledged the following Findings of Fact in consideration of
the request for Interim to operate a temporary asphalt plan for up to four (4) years:
1. The subject property is currently zoned Urban Expansion
2. The adjacent land uses to the subject property are agricultural in addition to some rural
residential lots. The City of St. Joseph is south and south east of the subject property.
3. On January 21, 2010 the Stearns County Planning Commission conducted a public hearing to
consider issuance of a temporary four (4) year interim use permit to operate an asphalt plant
and on January 26, 2010 the Stearns County Board of Commissioners granted conditionally
the Interim Use Permit as requested.
4. The Interim Use Permit was granted with the following conditions, Stearns County recorded
document number 1308632:
a) Days and hours of operation shall be 6 AM to 8 PM Monday — Friday; 8 AM to 2 PM
Saturday and no operation Sundays or Holidays.
b) The Interim Use Permit shall expire on January 26, 2014.
c) Recycled asphalt pavement (RAP) and /or excess materials shall be removed upon
completion of operation.
d) A certified letter shall be sent to Stearns County Environmental Services notifying them
when the equipment is removed from the site.
e) The applicant shall submit a financial guarantee acceptable to the County, in the amount
of S 5,000, to ensure that the temporary equipment and RAP be removed upon
termination of the Interim Use Permit.
f) Truck Hauling signs are required when hauling is occurring.
g) A sign is required at the entrance showing name(s) and telephone number(s) of property
owner, site operator and hauling contractor.
h) An approach permit is required from the County Highway Department for the change in
use.
i) No more than one asphalt plant shall be located on the property at any given time.
j) Dust shall be controlled.
k) The applicant shall meet with the St. Joseph Township -City of St. Joseph Joint Planning
Commission for review of the requested permit.
Consistency with the Stearns County Comprehensive Plan
a. Chapter 4, Natural Resources and Environmental Management Plan:
i. Objective 1: Locate the high quality aggregate resources in the County to guide
protection and utilization activities.
ii. Objective 2: Manage the aggregate resources to provide for the extraction of high
quality aggregate prior to non - agricultural development on the site.
iii. Objective 3: Adopt regulations to minimize nuisances from aggregate extraction
that affect developed areas and that ensure restoration of extraction sites to
protect other natural resources and natural functions.
b. Future Land Use Map —Urban Expansion allows for limited commercial and industrial
development.
6. Consistency with the City of St. Joseph Comprehensive Plan, Transportation Plan, and Utility
Plans
a. The subject property is located in Planning District three which identifies this area a low
density residential. The mining operation is issued through a temporary interim use
permit which allows the property to develop in the future.
b. Utility Planning — The temporary interim use permit will not impact future utilities.
c. Transportation Plan — The temporary interim use permit will not impact future roadways.
As Zoning Administrator for the Orderly Annexation Area, Stearns County Environmental
Services prepared and forwarded a staff report which included review of the application in
relation to the standards for granting an interim use permit. The following are the review
comments:
a. The request for interim use permit is consistent with Land Use and Zoning Ordinance
9439 Sections 4.18, 6.15, and 9.17.7A.
b. The properties contain a gravel mining pit, which existed prior to the County Land Use
and Zoning Ordinance 209. The gravel pits were registered as pre - ordinance mining
operations in 2004. Mining and processing activities are allowed under the registration.
The applicants received an interim use permit in 2010 which expired January 26, 2014.
c. The operation of a temporary asphalt plant requires the following permits:
i. Air Emission Permit — MPCA
ii. Spill Response Plan
iii. NPDES Permit — MPCA
d. The conditions required for the 2010 Interim Use Permit as identified in 94 above shall
be applied less d, h, and k.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Joint Planning Board approves the Interim Use
Permit (IUP) as requested by St. Joseph Sand and Gravel with the following conditions:
Hours Operation: Monday — Friday: 6 AM to 8 PM
Saturdays: 8 AM to 2 PM
Sundays and Holidays: Operation not allowed
2. Expiration of IUP: The IUP will expire on December 31, 2018.
Excess Material: All recycled asphalt pavement (RAP) and /or excess material
shall be removed upon completion of operation.
4. Financial Guarantee: The applicant shall submit a financial guarantee in the amount of
S 5,000, to ensure that the temporary equipment and RAP be removed upon termination
of the IUP.
5. Signage: a. Truck Hauling signs are required during times of hauling.
b. Signs shall be placed at the entrance showing the name and
telephone number of the property owner, site operator and
hauling contractor.
6. No more than one asphalt plant shall be located on the property at any given time.
7. Required Permits: The applicant is responsible for obtaining all required permits
and provide a copy of the same to Stearns County Environmental Services. The
following permits shall be required: Air Emission Permit (MPCA); Spill Response Plan;
NPDES Permit (MPCA)
Dust shall be controlled.
Adopted this 30th day of June —2014
Drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
320.363.7201
ST. JOSEPH JOINT PLANNING BOARD
in
RISE
Jeffrey Janssen, Chair
Judy Weyrens, Secretary
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