HomeMy WebLinkAbout[09] Interim Use Permit-St. Joe Sand & GravelPlanning Commission Agenda Item 9
MEETING DATE:February 11, 2019
AGENDA ITEM: Public Hearings,InterimUse Permits(IUP’s) Request
Mining & Concrete/Asphalt Plants,St. Joe Sand & Gravel
SUBMITTED BY:Community Development
STAFF RECOMMENDATION:Approve Findings of Fact and Decisionsrecommending the
City Council grantInterim Use Permits.
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION:St. Joe Sand and Gravel, owner and applicant, is
requesting approval of interim use permitsto allow for the continuation of mining and
concrete/asphalt plant operations related to constructionprojects. The parcels, recently annexed
into the City of St. Joseph, arelocated at 31253 CR 2 andthe adjacent lot to the north.The
parcelswerepreviously zoned Urban Expansionwhile in St. Joseph Township and the City’s
land use plan guides thepropertiesfor Low Density Residential. The estimated 2019timeline for
operation of the temporary concrete plant operated by C.S. McCrossan for the CSAH 75 road
construction project is late April to July depending on the weather. The proposed hours of
operations are Monday –Saturday, 7:00 AM -7:00 PM. However, the property owner is
requesting five yearinterim use permitsto allow for mining and asphalt/concrete plant
operations for various construction projectsduring the five years.
Mining at31253 CR 2 is allowed without the need for an IUPsince it was started pre-ordinance
but an IUP would be needed for the asphalt/concrete plant operations on this parcelsince that
recently expired. The property to the north (31.20647.0010) was issued an IUP in 2016 for
mining (still valid) but the property owner is requesting IUP’s for asphalt/concrete plant
operations which recently expired and the mining operation so as to be on the same timeline.
Setbacks:According to the existing and proposed operations setbacks will be met. The required
setbacks are as follows:
Mining Operation-200feet from residential dwelling & 30 feet from property lines.
Processing (includes concrete/asphalt plants)-500 feet from residential dwelling & commercial
structure, 100 feet from the property lines.
Screening:The city requires screening to provide a substantial barrier from adjacent properties.
There are existing bermsand vegetation providing the required screening.
Hours and Days of Operation:The City’s noise ordinance prohibits industrial activities which
result in noise audible on residentially used areas between the hours of 9PM -7AM. Interimuses
allow you a certain amount of discretion in determining the suitability of the use, along with the
ability to impose conditions provided there is a nexus between the use and specific findings
addressing such items as hours ofoperation, noise, access, and location and size of interim useto
protect the general welfare and public safety of the community.As such, staff is recommending
the following operating hours since the property is surrounded by residential: 7AM –7PM,
Monday –Saturday.Operation would be prohibited on Sundays and holidays which is consistent
with their recently expired asphalt plant IUP’s and current mining IUP. Maintenance of vehicles
is not proposed to be confined to the proposed hours since such work does not generally trigger
noise levels that arise to a violation of the noise ordinance. Since the operation is seasonal, staff
recommends allowing operation as previously approved from April 1 to November 30.
ATTACHMENTS:Request for Planning CommissionAction
Location Map
Public Hearing Notice
Findings of Factand DecisionDocuments
Application and Site and Plant Plans
Certificate of Survey dated 7-5-16, Parcel 31.20647.0010
REQUESTED PLANNING COMMISSION ACTION:Motion to ApproveFindings of Fact
and DecisionsDocuments recommending the City Council issue InterimUse Permits.
IUP Request, St. Joe Sand & Gravel
IUPRequest-Mining&Concrete/AsphaltPlant
31.20647.0010
IUPRequest-Concrete/AsphaltPlant
MiningPermitted
31.21399.0000
31253CR2
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City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of St. Joe Sand and GravelAND DECISION
Interim Use Permit for Concrete/AsphaltPlant Operations
at 31253 CR 2, St. Joseph MN
FINDINGS OF FACT
On February11, 2019,the St. Joseph Planning Commission conducted a public hearing to
consider the application St. Joe Sand and Gravel, ownerand applicant,for aninterimusepermit for
asphalt/concreteplan operationsonthe property generally described as 31253 CR 2, St. Joseph, MNand
legally described as follows:
Lot 1, Block 1 of St. Joe Sand and Gravel, according to the plat and survey thereof, now on file
and of record in the office of Stearns County Recorder.
“Subject Property”
The St. Joseph Planning Commission hereby finds the following Findings of Fact:
1.That St. Joe Sand and Gravel, hereinafter referred to as “Applicant,” properly applied for an
interim use permit to allow for concrete/asphalt plant operations on the Subject Property.
2.That the matter was duly published and notice was provided to property owners within 350
feet of the Subject Property.
3.That the Subject Property was recently annexed into the City of St. Joseph in January of 2019
and that the property was previously zoned Urban Expansion where concrete/asphalt plant
operations is a permitted interim use.
4.That City’s Future Land Use Plan of the Comprehensive Plan guides the property for low
density residential.
5.That mining is currently conducted on the Subject Property.
6.That the surroundingland usesto the Subject Property are residential, mining and agriculture
to the north, agriculture and residential to the east,residentialto the south and open space to
the west.
7.That the interimuse will not be detrimental to or endanger public health, safety,morals,
comfort, or general welfare of the neighborhood and will be harmonious to the to the
objectives of the Comprehensive Plan of the City.
8.That existing landscaping and berming on the Subject Property provides a barrier to the
surrounding propertiesand thatthe interim use will be designed, constructed, operated and
maintained so as to be harmonious and appropriate in appearance with character of the area
and isnot hazardous or disturbing to existing or future neighboring uses.
9.That adequate utilities and services, including utilities, streets, drainage and other necessary
facilities have been provided and will not create excessive additional costs for servicesand/or
be detrimental to the economic welfare of the community.
10.That the existing access from CR 2will continue to provide access.
11.That the Subject Propertywill provide sufficient off-street parking and loading space to serve
the proposed use.
12.That the interimuse will not result in the loss or damage ofnatural, scenic or historic feature
and the soil conditions are adequate to accommodate the use.
DECISION
Based on the Findingsof Fact, the St. Joseph Planning Commission recommends the St. Joseph
City Council issue an Interim Use Permiton the Subject Propertyto allowfor concrete/asphalt plant
operations on the following conditions:
1.Months of Operation: April 1–November 30
2.Hours of Operation:Monday –Saturday: 7:00 AM –7:00 PM.
Sundays and Holidays: Operation not allowed
(Note: Hours of operation shall include operation ofequipment, and concrete and asphalt
operations. The performance of maintenance of vehicles and equipment prior to 7:00 AM
or after 7:00 PM shall be allowed).
3.The property owner is responsible for meeting all Federal, State, Local, and City
requirements and obtaining any and all permits, licenses, and plans, including but not limited
to Air Emission Permit (MPCA), spill response plan, NPDES Permit (MPCA).Copies of the
required permits, licenses, and plans shall be submitted to the City.
4.That the City’s ordinances shall be met, including but not limited to the mining and noise
ordinances.
5.The property owner shall control dust on the Subject Property.
6.Screening: Existing vegetation and berming shall be maintained to provide screening.
7.Signage: Truck haulingsigns are required during times of hauling. Signs shall be placed at
the entrance showing the name and telephone number of the property owner, site operator and
hauling contractor.
8.No more than one asphalt or concrete plant shall be located on the property at any given time.
9.Secure Load and SedimentControl: Truck hauling shall secure their load. Dirt, gravel, sand,
material shall be cleaned from the public road. The public roads shall be kept free from
sediment and any sediment tracked onto public roads shall be removed.
10.The City shall have the right to inspect the premises for compliance and safety purposes at
any time upon reasonable request.
11.Revocation: The City Council shall revoke an interim use permit when it determines that the
terms and conditions of the permit as issued are no longer being complied with.
12.Expiration: The interim use permit shall expire on November 30, 2024. If within one (1) year
after issuance of granting an interim use permit,the use permitted has not started, then the
permit isnull and void, unless the City Council has approved a petition for an extension. The
interim use permit shall expire if the authorized use ceases for any reason for more than one
(1) year.
13.Land Reclamation: The Subject Property shall be reclaimed after the operation ceases and/or
interim use permit expires. The reclamation shall be completed within one (1) year of
expiration of the interim use permit and in compliance with the City’s mining ordinance.
Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph
th
Planning Commission this11day of February, 2019.
CITY OF ST. JOSEPH
By
Planning CommissionChair
By
Therese Haffner, Community Development Director
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of St. Joe Sand and GravelAND DECISION
Interim Use Permit for Concrete/AsphaltPlant Operations
Parcel: 31.20647.0010
FINDINGS OF FACT
On February11, 2019,the St. Joseph Planning Commission conducted a public hearing to
consider the application St. Joe Sand and Gravel, ownerand applicant,for aninterimusepermit for
asphalt/concreteplantoperationsonthe property legally described as follows:
The East 1206.69 feet of the Northwest Quarter of the Southwest Quarter of Section 3, Township 124,
Range 29, Stearns County, Minnesota, lying southerly of the North 82.50 feet, lying westerly of the East
249.00 feet, and lying northerly of the South 289.08 feet of said Northwest Quarter of the Southwest
Quarter.
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, 188.92 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 676149,
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 East, along the east line of said tract of land described in
Document Number 676 149 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 the Southeast Quarter;thence North 89 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 West, 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.
“Subject Property”
The St. Joseph Planning Commission hereby finds the following Findings of Fact:
1.That St. Joe Sand and Gravel, hereinafter referred to as “Applicant,” properly applied for an
interim use permit to allow for concrete/asphalt plant operations on the Subject Property.
2.That the matter was duly published and notice was provided to property owners within 350
feet of the Subject Property.
3.That the Subject Property was recently annexed into the City of St. Joseph in January of 2019
and that the property was previously zoned Urban Expansion where concrete/asphalt plant
operations is a permitted interim use.
4.That the City’s Future Land Use Plan of the Comprehensive Plan guides the property for low
density residential.
5.That mining operations is currently conducted on the Subject Property.
6.That the surroundingland uses to the Subject Property are agricultureand open space to the
north,agriculture and miningto thesouth, and residential to the eastand west.
7.That the interimuse will not be detrimental to or endanger public health, safety, morals,
comfort, or general welfare of the neighborhood and will be harmonious to the to the
objectives of the Comprehensive Plan of the City.
8.That existing landscaping and berming on the Subject Property provides a barrier to the
surrounding properties and thatthe interim use will be designed, constructed, operated and
maintained so as to be harmonious and appropriate in appearance with character of the area
and isnot hazardous or disturbing to existing or future neighboring uses.
9.That adequate utilities and services, including utilities, streets, drainage and other necessary
facilities have beenprovided and will not create excessive additional costs for servicesand/or
be detrimental to the economic welfare of the community.
10.That the existing access from CR 2will continue to provide access.
11.That the Subject Propertywill provide sufficient off-street parking and loading space to serve
the proposed use.
12.That the interimuse will not result in the loss or damage ofnatural, scenic or historic feature
and the soil conditions are adequate to accommodate the use.
DECISION
Based on the Findingsof Fact, the St. Joseph Planning Commission recommends the St. Joseph
City Council issue an Interim Use Permiton the Subject Propertyto allowfor concrete/asphalt plant
operations on the following conditions:
1.Months of Operation: April 1–November 30
2.Hours of Operation:Monday –Saturday: 7:00 AM –7:00 PM.
Sundays and Holidays: Operation not allowed
(Note: Hours of operation shall include operation of equipment, andconcrete/asphalt
plant operation. The performance of maintenance of vehicles and equipment prior to 7:00
AM or after 7:00 PM shall be allowed).
3.The property owner is responsible for meeting all Federal, State, Local, and City
requirements and obtaining any and all permits, licenses, and plans, including but not limited
to Air Emission Permit (MPCA), spill response plan, NPDES Permit (MPCA).Copies of the
required permits, licenses, and plans shall be submitted to the City.
4.That the City’s ordinances shall be met, including but not limited to the mining and noise
ordinances.
5.The propertyowner shall control dust on the Subject Property.
6.Screening: Existing vegetation and berming shall be maintained to provide screening.
7.Signage: Truck hauling signs are required during times of hauling. Signs shall be placed at
the entrance showing the name and telephone number of the property owner, site operator and
hauling contractor.
8.No more than one asphalt or concrete plant shall be located on the property at any given time.
9.Secure Load and SedimentControl: Truck hauling shall secure their load. Dirt, gravel, sand,
material shall be cleaned from the public road. The public roads shall be kept free from
sediment and any sediment tracked onto public roads shall be removed.
10.The City shall have the right to inspect the premises for compliance and safety purposes at
any time upon reasonable request.
11.Revocation: The City Council shall revoke an interim use permit when it determines that the
terms and conditions of the permit as issued are no longer being complied with.
12.Expiration: The interim use permit shall expire on November 30, 2024. If within one (1) year
after issuance of granting an interim use permit,the use permitted has not started, then the
permit is null and void, unless the City Council has approved a petition for an extension. The
interim usepermit shall expire if the authorized use ceases for any reason for more than one
(1) year.
13.Land Reclamation: The Subject Property shall be reclaimed after the operation ceases and/or
interim use permit expires. The reclamation shall be completed within one (1) year of
expiration of the interim use permit and in compliance with the City’s mining ordinance.
Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph
th
Planning Commission this11day of February, 2019.
CITY OF ST. JOSEPH
By
Planning CommissionChair
By
Therese Haffner, Community Development Director
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of St. Joe Sand and GravelAND DECISION
Interim Use Permit for MiningOperations
Parcel: 31.20647.0010
FINDINGS OF FACT
On February11, 2019,the St. Joseph Planning Commission conducted a public hearing to
consider the application St. Joe Sand and Gravel, ownerand applicant,for aninterimusepermit for
miningoperationsonthe property legally described as follows:
The East 1206.69 feet of the Northwest Quarter of the Southwest Quarter of Section 3, Township 124,
Range 29, Stearns County, Minnesota, lying southerly of the North 82.50 feet, lying westerly of the East
249.00 feet, and lying northerly of the South 289.08 feet of said Northwest Quarter of the Southwest
Quarter.
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, 188.92 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 676149,
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 East, alongthe east line of said tract of land described in
Document Number 676 149 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 the Southeast Quarter; thence North 89 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 ofthe 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 West, 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.
“Subject Property”
The St. Joseph Planning Commission hereby finds the following Findings of Fact:
1.That St. Joe Sand and Gravel, hereinafter referred to as “Applicant,” properly applied to
amend theinterim use permit allowing for miningoperations on the Subject Property.
2.That the matter was duly published and notice was provided to property owners within 350
feet of the Subject Property.
3.That the Subject Property was recentlyannexed into the City of St. Joseph in January of 2019
and that the property was previously zoned Urban Expansion where miningoperations is a
permitted interim use.
4.That the City’s Future Land Use Plan of the Comprehensive Plan guides the property for low
density residential.
5.That on September 13, 2016 the St. Joseph Joint Planning Board granted a 5 year interim use
permit for mining on the Subject Property.
6.That mining operations is currently conducted on the Subject Property.
7.That the surroundingland uses to the Subject Property are agricultureand open space to the
north, agriculture and mining to the south, and residential to the eastand west
8.That the interimuse will not be detrimental to or endanger public health, safety, morals,
comfort, or general welfare of the neighborhood and will be harmonious to the to the
objectives of the Comprehensive Plan of the City.
9.That existing landscaping and berming on the Subject Property provides a barrier to the
surrounding properties and that the interimuse will be designed, constructed, operated and
maintained so as to be harmonious and appropriate in appearance with character of the area
and isnot hazardous or disturbing to existing or future neighboring uses.
10.That adequate utilities and services, including utilities, streets, drainage and other necessary
facilities have been provided and will not create excessive additional costs for servicesand/or
be detrimental to the economic welfare of the community.
11.That the existing access from CR 2will continue to provide access.
12.That the Subject Propertywill provide sufficient off-street parking and loading space to serve
the proposed use.
13.That the interimuse will not result in the loss or damage ofnatural, scenic or historic feature
and the soil conditions are adequate to accommodate the use.
DECISION
Based on the Findingsof Fact, the St. Joseph Planning Commission recommends the St. Joseph
City Council issue an Interim Use Permiton the Subject Propertyto allowfor mining operations on the
following conditions:
1.Granting of this Interim Use Permit shall rescind the Interim Use Permit granted on
September 13, 2016 for mining on the Subject Property by the St. Joseph Joint Planning
Board.
2.Months of Operation: April 1–November 30
3.Hours of Operation:Monday –Saturday: 7:00 AM –7:00 PM.
Sundays and Holidays: Operation not allowed
(Note: Hours of operation shallinclude operation of equipmentandmining. The
performance of maintenance of vehicles and equipment prior to 7:00 AM or after 7:00
PM shall be allowed).
4.The property owner is responsible for meeting all Federal, State, Local, and City
requirements and obtaining any and all permits, licenses, and plans, including but not limited
to Air Emission Permit (MPCA), spill response plan, NPDES Permit (MPCA).Copies of the
required permits, licenses, and plans shall be submitted to the City.
5.That the City’s ordinances shall be met, including but not limited to the mining and noise
ordinances.
6.The property owner shall control dust on the Subject Property.
7.Screening: Existing vegetation and berming shall be maintained to provide screening.
8.Signage: Truck hauling signs are required during times of hauling. Signs shall be placed at
the entrance showing the name and telephone number of the property owner, site operator and
hauling contractor.
9.Secure Load and SedimentControl: Truck hauling shall secure their load. Dirt, gravel, sand,
material shall be cleaned from the public road. The public roads shall be kept free from
sediment and any sediment trackedonto public roads shall be removed.
10.The City shall have the right to inspect the premises for compliance and safety purposes at
any time upon reasonable request.
11.Revocation: The City Council shall revoke an interim use permit when it determines that the
terms and conditions of the permit as issued are no longer being complied with.
12.Expiration: The interim use permit shall expire on November 30, 2024. If within one (1) year
after issuance of granting an interim use permit,the use permitted has not started, then the
permit is null and void, unless the City Council has approved a petition for an extension. The
interim use permit shall expire if the authorized use ceases for any reason for more than one
(1) year.
13.Land Reclamation: The Subject Property shall be reclaimed after the operation ceases and/or
interim use permit expires. The reclamation shall be completed within one (1) year of
expiration of the interim use permit and in compliance with the City’s mining ordinance.
Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph
th
Planning Commission this11day of February, 2019.
CITY OF ST. JOSEPH
By
Planning CommissionChair
By
Therese Haffner, Community Development Director