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HomeMy WebLinkAboutResolution 7516 IUP soil processing and mining 'r car 111111 LAND TYPE Abstract (A) DOC NUM 11330309 Certified, filed and/or recorded on Nov 20, 2024 8:01 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 41 Pkg ID 2732348E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. • STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ORONO ) I certify the foregoing is the original resolution adopted by the City Council on October 14, 2024. Officially signed as City Clerk of Orono, Minnesota and the seal of the city. - Ch ' e Lusian, Clerk (SLT.AL) tiw -fLO.NO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�l NO. 7516 1kESHO0" A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT WITH MUNICIPAL ZONING CODE SECTIONS 78-916 & 78-1726 FILE NO. LA24-000045 WHEREAS, on August 21, 2024, on behalf of the Park Gun Club, Larry Compton, President, (hereinafter"the Applicant"), applied for an interim use permit for soil processing and mining activities associated with a lead reclamation project conducted within the property addressed 3660 Sixth Avenue North and legally described as: Attached as Exhibit A(hereinafter the"Property"); WHEREAS, the Applicant made an application to the City of Orono for an interim use permit (hereinafter the "IUP" pursuant to Orono Municipal Zoning Code Sections 78-916 and 78- 1726 to conduct a lead reclamation project involving soil processing and mining within the Property; and WHEREAS, on September 16, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were allowed to speak thereon; and WHEREAS, on September 16, 2024, the Planning Commission recommended approval of the IUP as described; and WHEREAS, on October 14, 2024, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested IUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the RR-1 B, One Family Rural Residential Zoning District. 1 8WAtO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 `A'ESHO4-t A3. The Property contains approximately 10 acres in area. A4. The Applicant applied for an IUP for mining and soil processing to support the lead reclamation project. A5. In considering this application for an IUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed IUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. INTERIM USE PERMIT ANALYSIS: The Council has determined that the proposed use will comply with the following IUP criteria outlined in Code Section 78-1726: B1. The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the RR-1 B Zoning District. This criterion is met. B2. The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. B3. The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will be reviewed by our City Engineer and the applicant will be required to follow City requirements. The project will obtain all necessary permits with outside agencies including MCWD, LMCD, and NPDES permitting. This criterion is met. B4. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The applicant shall ensure the project scope remains within the property lines, the haul route is monitored (and cleaned as often as necessary), and that any adverse impacts are mitigated. This criterion is met. B5. The use will not impose additional unreasonable costs on the public; The project will not impose additional costs on the public. This criterion is met. B6. The date or event that will terminate the use can be identified with certainty; Depending on the weather conditions and timing of other agency permits, the 2 �Ot�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 'ESHO48' applicant has provided a project timeline that will either commence in the Fall of 2024 to be finalized mid-summer 2025; or the spring of 2025 commencing before winter 2025. This criterion is met. B7. And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim Use Permit will be done via a resolution recorded with the County. All requirements and conditions will be listed as part of the resolution. This criterion is met. Additional Applicable Regulations (Section 78-916) B8. Consistent with the community management plan; The proposed activity on the Property is consistent with the community management plan. B9. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. B10.Adequately served by police, fire, roads, and stormwater management; This criterion is met. The Applicant will obtain all necessary permits. B11.Provided with an adequate water supply and sewage disposal system; This criterion is not applicable. B12.Not expected to generate excessive demand for public services at public cost; This criterion is met. B13.Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There is no change of use contemplated. This criterion is met. B14. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The project will not result in a change in character. 3 g0�0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 9kESH04' B15.Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is not applicable. B16.Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The soil reclamation and mining activity will be contained to the site and will meet all requirements by the City of Orono and other"outside agencies. B17.Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The applicant is encouraged to work with any potentially impacted neighboring properties with concerns about screening or buffering. No screening or buffer requirements are required by the City. This criterion is met. B18.Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed project will be contained to the site and is not proposed or permitted to encroach on neighboring properties. The project shall comply with the City's noise ordinances specifically Sections 58-119 and 58-121 regarding decibel limitations and hourly operations. Specifically, construction activities are permitted between 7:00 am and 8:00 pm on weekdays and between 8:00 am and 8:00 pm on weekends and holidays. The haul route has been reviewed and approved by the City for the transport of materials. This criterion is met. B19.Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The materials will be transported off-site over an approved haul route. The processing and transport will be spread out in approximately 35 truckloads over 6 months. This should allow construction traffic to be less of an impact. This criterion is met. B20.Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The project will comply with all applicable regulations and obtain all necessary permits from outside agencies such as MCWD, MPCA, MNDNR, and USACE as well as an NPDES permit. This criterion is met. 4 �Ot�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL *1°'.4 NO. 7516 j�'EsH04� B21.All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and B22. Not detrimental to the public health, public safety, or general welfare. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an interim use permit pursuant to Orono Municipal Zoning Code Sections 78-916 and 78-1726 to allow soil processing and mining activities associated with'a lead reclamation project, subject to the following conditions: Cl.Council approval is based on the entire record and the above Findings. C2.The approved project shall conform to the plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. C3.The approved material haul route is attached as Exhibit C. The Applicant shall monitor the haul route and respond accordingly. The Applicant shall ensure the project scope remains within the property lines, impacted roadways are cleaned as often as necessary, and any adverse impacts are mitigated promptly. C4.Should the City receive complaints about the project activity exceeding the City's noise ordinances, specifically City Code Sections 58-119 and 58-121, the interim use permit may be reviewed by the City Council for consideration of additional limitations or revocation of the interim use permit may result. C5.Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C6.The Applicant agrees to comply with the permitting requirements of all applicable jurisdictions. C7.Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by commencing said project. The project must commence within one year of the date of Council approval, or the IUP will expire on that date (October 14, 2025). 5 CITYOFORONO RESOLUTION OF THE CITY COUNCIL 1104NO. 7516i4sHo¢`' C8.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C9.The undersigned Applicant is the authorized representative of the Park Gun Club (the owner of the Property) and agrees to the conditions herein on behalf of the corporation. ADOPTED by the Orono City Council on this 14th day of October, 2024. CITY OF ORONO: 1).92020//- Dennis Walsh, Mayor ATTEST: Christine Lusia ity Clerk 6 0.Ai0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiW G NO. 7516 t-lkESHO�� • Park Gun Club Incorporated A Minnesota Nonprofit Corporation B ' , Q• �.� , it's President STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this S day of I\lO1/-cI.kur , 2024, by L,arr\,` ---P . Cc 4 +c ►n , the President of Park Gun Club, Inc., a Minnesota nonprofit corporation, on behalf of the corporation. j -,. ANDREA LEE HENTGES Notary Public :• NOTARY PUBLIC-MINNESOTA 4,im,,. MY COMMISSION EXPIRES 01/31/28 7 Resolution 7516 Exhibit A Legal Description Lots 14 and 15 and the South 455 feet of Lot 1, Minnetonka Garden Acres, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Hennepin County, Minnesota Project Narratives Resol. 7516 Exhibit B LA24-000045 Hi Melanie, When we were discussing our lead reclamation project I remember you commenting that a major concern for Orono was potential site traffic. I spoke to John Sims, our contractor about this issue and wanted to relay to you what I already knew and found out from John: 1: PGC has ample parking room in its upper and lower parking areas to park at least 2 semi's along the upper driveway and for a semi to turn around in the lower lot -the area where the lead shot bags will be loaded for shipping. This means there should not be a need to back trucks in from either County 6 or Starkey Rd, or for vehicle/equipment parking or warning signage on either road. Trucks will simply drive in and out of our driveway onto County 6 and Hwy 12. 2:At Project mobilization, trucks will access the parking and work areas as noted above. The equipment, crane pads, etc will be staged in the lower lot - which has ample room. Mobilization traffic will consist of about 10 separate deliveries over the course of 1 - 2 weeks. 3: Once mining commences, it will be a month to 6 weeks before enough lead is processed to make a shipment. After processing, the lead bags will be securely stored in the lower parking area until shipped, utilizing 1 - 3 semis. Ordinarily, the bags would be loaded and shipped in 1 day. The expectation is this process would be repeated every 1 - 2 weeks. 4: It is anticipated that it will take 30 - 35 truckloads to ship all the lead bags over the approximately 6 month span of the project. 5: Project noise levels should be comparable to sitework noise levels when doing site development for a residential or commercial project. I hope this is helpful in reaching a decision regarding appropriate permits required by the City for our Project. Regards, Larry Compton President Park Gun Club Sent to Trey by John Sims on June 20, 2024: Good Morning Trey, Larry forwarded your email to me concerning the incomplete permit application. I went through my correspondence and found that between the information I submitted and the meetings we have been in that the information you are requesting was addressed by myself. I am going through the points made in your email to Larry. Erosion Control: The area of the marsh that is removed for the reclamation of the lead shot will have a silt fence installed completely surrounding the area.,This will prevent any of the material from migrating outside the area and travel into the undisturbed area of the marsh. We will be utilizing a string of 8' by 16' tri-layer light weight crane mats to remove the material. As the removal occurs we will also be installing the silt fence. This will be don in 100' by 600' strips. Once a strip is done and the silt fence installed the mats will be repositioned and the entire process repeated until the area is completely removed. there will be no processing of the material for shot recovery until the silt fence is installed. The silt fence serves 2 functions. Erosion control and restoration of the impacted area. As the process of the shot reclamation collected occurs the tailings which is the material after the shot is separated out of will be pumped back into the area inside the silt fence where it originally came from. The silt fence will allow for the return of water to the system to be utilized for continued use,,along with the natural settling/de watering of the returned material in an even and controlled manner to fill the area back in with the material that was initially removed. If reseeding of this area is required then it will be done. The last wet land job I did showed that the seed bank of the material along with the roots system of the marsh not being completely removed provide a fantastic of the re growth of the vegetation in the disturbed areas. There will be no net flood plane fill added to this restoration process. The only material being returned to the disturbed area is the same material that was removed from that area minus the lead shot. I wasn't involved with flood plane information. Larry will be taking care of that side of the permit process. Time is getting shorten. I see that it may be up to another 4 weeks before a permit will be issued. It will take 2 weeks to get the equipment/mats mobilized and set up to break ground. If an early Winter hits us there is the possibility that this job would have to have the permit extended till next Spring to complete it fully. Please contact me if I can be of further assistance. Thanks, John Sims Project Maps and Descriptions K, — , li 46104 er Creak, '. a r ,w 3 • J` + • i j � ,cy"µ`.:. ,�``a+.PARK - .. "` T! ,�Jft► v� q.']r1' , GUN ,.. 7i-h. Jr - r�.` Cl"?.i"Si n . ,.. ,-. . J i� 5 i.w - : '`..‘ • * 7,,41:_rr!. 4-i- s‘ktfi 4 "' y -I rma , wtrts� ''"'r t`. e . it :.�. Y -4, :I i The north green line indicates the max lead shot fall line (770' from the trap's 27 yard line). The south green line indicates the south border of the lead shot fall area (375'from the trap's 27 yard line). The green outlined area represents the lead shot fall area -this is the reclamation area. The blue lines represent the 375' distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. + . f , Tt, + ,• o f ..... t+S- t�' 1'r +r'. '4y • T '�j y may, r r • . .r } .4.s; k^ f 4,, .y 'S 1.. l+� 44,1 ''f x 0, ' ^ �.., 4'{�.'I• $ • t a r t a nj s B ! P :` k ': -+w, i r • • „,PARK ., °41 •k ♦' A i '{. ?,a{t, S�"r.„,,Vslit r I N C4 x "`� ,, P y. Y, ti ,, { t 4 l ro* ,, ,, r . , et 1,„, . • lei Y_. a ' �+ ° L f tY • 7, • , , *� tjii .yy�\ .,., F K a �f ���yy}4 ' 'Ill 4.♦' e *A .' MI, 1...B.EIB -• ....,:!:• ,,,,.,,f-011.1' i� f ,' $* x - , -•--- - The north green line indicates the max lead shot fall line (770' from the trap's 27 yard line). The south green line indicates the south border of the lead shot fall area (375'from the trap's 27 yard line). The green outlined area represents the lead shot fall area -this is the reclamation area. The blue lines represent the 375' distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. Lead shot fall area dimensions—this is the area of lead shot reclamation. Reclamation would be 14 inches deep. 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