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02-05-07 PCITEM 3-7 NORTIHWOST ASSOCIATI111) CON.SULTA.INITS, 1'NC, 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plannerst�nacplanning.com PLANNING REPORT TO: Otsego Planning Commission FROM: Laurie Shives / Daniel Licht RE: Otsego — EDCO; Site and Building Plan Review REPORT DATE: 31 January 2007 60 -DAY DATE: 2 March 2007 NAC FILE: 176.02 — 06.31 BACKGROUND Terra Development, Inc. has submitted plans for development of a 28,000 square foot commercial warehouse building located near the intersection of 85th Street NE and CSAH 42. The building is to be owned and occupied by a supplier of residential siding construction supplies. The proposed building will be constructed on Lot 3, Block 1 Otsego Commercial Park, which is undeveloped. The site plan also shows undeveloped Lot 2, Block 1 Otsego Commercial Park as the owner intends to purchase both lots with potential future expansion onto the vacant lot or future sale of the property as an investment. The Comprehensive Plan guides the both lots for office uses and both are currently zoned B -W, Business/Warehousing District. Exhibits: A. Site location B. Site Survey C. Site Plan D. Grading Plan E. Utility Plan F. Landscape Plan G. Building Elevations ANALYSIS Zoning. The subject site is zoned B -W, Business/Warehousing District. The purpose of the B -W District is to allow for the establishment of wholesale and retail trade of large volume or bulk commercial items, storage and warehousing. The applicant is proposing to construct a 28,000 square foot warehousing facility used to store residential siding supplies manufactured elsewhere by the building owner. The primary business conducted at the site will be wholesale trade, although some retail sale also occur. The proposed use of the building is a permitted use and consistent with the intent of the BW District. Access. Primary access to the site will be off of 85th Street NE. The submitted site plans indicate two accesses off of 85th Street NE, spaced approximately 150 feet apart, which is consistent with Zoning Ordinance requirements. The applicant is proposing to construct the westerly driveway overlying the side lot line of Lots 2 and 3, Block 1 Otsego Commercial Park so as to align with Parsons Avenue to the north of 85th Street. An easement establishing joint access to both lots from this driveway has been submitted and will be recorded for both properties. The easterly access may in the future be restricted to right-in/right-out access should traffic volumes on 85th Street dictate extension of a median east of Parsons Avenue. Lot Requirements and Setbacks. The B -W District requires a minimum lot area of two acres and minimum lot width of 200 feet. As shown in the above table, the proposed office/warehouse building and parking area is consistent with the required setbacks of the B -W District. Front Parking (85`h Street) Side Rear Setback Required 30 feet 20 feet 20 feet 5 feet Proposed 78 feet 31 feet 98 feet 7 feet Building Plans. The operation of the building owner's use is such that a formal front entrance is not required. Rather, building access for wholesale and retail patrons is co - located with the loading areas at the southeast corner of the building. However, the building plans and site plans anticipate future reuse of the building allowing for a larger parking area to be constructed north of the building with building panels that can be replaced with traditional glass doors and windows should occupancy of the building change. At the front and front sides of the building, the applicant is proposing the use of steel lap style siding representing the products and their varied colors and sold by the building owner. On the front sections of the building, shake style materials are utilized. The balance of the building is precast concrete panels with varied textures to minimize the mass of the structure. Buildings within the B -W District must be faced primarily with masonry materials. Use of a maximum of 50 percent of metal or fiberglass wall panels is allowed, if they are coordinated into the overall architectural design of the building. The use of the steel lap siding is a unique way to identify the building owner's products. The shake style material is not, however, typical of warehouse type buildings and not as effectively used in this respect. We recommend use of a consistent siding material on the front of the building as used on the corners or use of typical precast concrete panels. Otherwise the proposed area and types of materials used on the building 2 exterior is a unique, and potentially attractive concept to represent the use of the building and complies with Section 20-17-4.B of the Zoning Ordinance. Landscape Plan. Section 20-16-7 of the Zoning Ordinance requires commercial properties to provide landscaping with an emphasis on the property boundary, immediate perimeter of the structure and the perimeter of parking and loading areas. Section 20-21-4.F.16 of the Zoning Ordinance requires that all parking areas in excess of five parking spaces be screened from adjacent properties and the public right-of-way. A landscape plan has been submitted indicating tree and shrub plantings along the site's perimeter as well as the building's front elevation. The proposed landscape plan shows five deciduous trees along the front parking lot perimeter. A mix of trees and shrubs will line the east property line. The rear of the building and the loading area will be screened by the placement of Scotch Pine and Balsam Fir trees along the rear and side property lines. The buildings front elevation is proposed to be flanked by a mixture of small shrubs. The proposed landscape plan is similar to other commercial warehouse site landscaping previously approved in the City and the landscaping proposed appears to be adequate in order to provide screening from adjacent properties and public streets. The submitted site plan indicates the placement of a fence within the rear yard of the subject site. No additional details on the fence were submitted. As stated in Section 20-16-6.K of the Zoning Ordinance, fences shall be located completely within the property being fenced and may be up to eight feet in height. A fence permit is be required prior to erection of any fence on the subject property. Off -Street Parking. Warehousing uses are required to provide one parking space for every 1,000 square feet of gross floor area plus one space for each 200 square feet of office space. The proposed warehouse building will be approximately 28,800 square feet in area for storage and 1,180 square feet in area for offices. As such, there would need to be at least 32 parking spaces provided plus enough spaces to accommodate all company trucks stored outside on the site. The applicant is proposing to add 39 parking spaces plus 31 proof -of -parking spaces for a total of 70 parking spaces overall. The proof of parking stalls are shown to indicate an ability to accommodate a more parking intensive use of all or part of the building for an office or retail use. City staff recommends that the initial 39 parking stalls will be adequate for that the site will have adequate parking for the proposed use. A proof -of -parking agreement will need to be executed allowing the City to require construction of some or all of the proof -of -parking stalls if a need for the additional parking is determined to be necessary by the City In the future. Off -Street Loading. The submitted site plans indicate loading areas in the rear of the proposed building. The proposed loading areas are positioned so as to provide ample room for large truck and semi tractor -trailer turning radii. The loading areas will be screened from adjacent properties by the addition of coniferous trees along the property perimeter as indicated by the proposed landscape plan. Lighting Plan. The applicant has not submitted a lighting plan indicating location and type of proposed exterior lighting. All proposed lighting must be cast down with a 90 degree horizontal cut-off and must comply with Section 20-16-10 of the Zoning Ordinance. Signage Plan. The submitted site plans indicate the location of a monument sign along the front property line adjacent to the west site entrance. As stated in Section 20-37-3 of the Zoning Ordinance, no sign shall be closer than 10 feet to any lot line. The proposed sign appears to be located right on the front property line and its location must be revised. The applicant shall also be required to submit additional materials indicating the proposed size, type and materials for the proposed sign. The submitted building elevations indicate one wall sign to be mounted on both the east and west facades of the building. Section 20-37-3 of the Zoning Ordinance allows signs to be mounted on only one fagade visible from a public street. As such, one of the wall signs must be removed. Also on the east fagade, there is a window area at the southeast corner of the building where a sign within the building is visible. City staff has indicated that the window would not fall under the definition of a sign. A sign permit must also be obtained prior to erection of any signs on the subject site. Trash Storage. The site plan indicates the location of a trash enclosure structure within the rear yard. The trash enclosure shall provide screening of trash receptacles from adjacent properties and shall be consistent with the requirements of Section 20-16-15 of the Zoning Ordinance. No outside storage other than within the trash enclosure is allowed on the property. Grading, Drainage and Utilities. The applicant has submitted a grading, draining and erosion control plan. All grading, drainage and erosion control matters are subject to the review and approval of the City Engineer. RECOMMENDATION The submitted site plans for a business warehouse building located within the B -W District are consistent with the Zoning Ordinance requirements. The applicant must submit additional information regarding, exterior lighting and signage to ensure consistency with the requirements of the Zoning Ordinance. These issues can be addressed as part of a building permit and sign permit. Our office recommends approval of the proposed site and building plans for a business warehouse building within the Otsego Commercial Park outlined below. POSSIBLE ACTIONS A. Motion to approve site and building plans for an office/warehouse building located on Lot 3, Block 1 Otsego Commercial Park, subject to the following conditions: S The subject site shall be developed in accordance with the submitted site and building plans, except as modified herein, representing an agreement between the City and owner as provided for by Section 9 of the Zoning Ordinance. 2. Outdoor storage except for trash containers within the trash storage area shown on the site plan is prohibited. 3. The north building elevation is revised to utlize siding materials consistent with the northwest and northeast corners of the building or other Type A material (and maintaining the proposed glass panels). 4. An ingress/egress easement shall be recorded over the common lot line of Lots 2 and 3, Block 1 Otsego Commercial Park, subject to City staff review and approval. 5. The owner is noticed that the easterly driveway may be restricted to right- in/right-out only in the future if traffic volumes on 85th Street warrant extension of a median east of Parsons Avenue. 6. The owner shall execute a proof -of -parking agreement with the City allowing the City to require construction of additional parking stalls as shown on the site plan in a need is determined by the City to meet the requirements of the Zoning Ordinance. 7. All fences shall be consistent with Section 20-16-6 of the Zoning Ordinance and a fence permit shall be secured prior to the placement of any fences on the property. 8. The applicant shall submit a lighting plan indicating location and type of proposed exterior lighting. All proposed lighting shall comply with Section 20-16-10 of the Zoning Ordinance. 9. The site plan shall be revised to locate the proposed freestanding sign 10 feet from the front property line and five feet from any side lot line. 10. Wall signs shall be installed on only one exterior wall visible from a public street. 11. The number, area and construction of all signs shall comply with Section 37 of the Zoning Ordinance and a sign permit is required prior to erection of any signs on the subject site. 12. All grading, drainage and erosion control or utility plans shall be subject to the review and approval of the City Engineer. B. Motion to deny site and building plans for an office/warehouse building located on Lot 3, Block 1 Otsego Commercial Park based on a finding that the proposal is inconsistent with the Comprehensive Plan and/or Zoning Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Tom Brown, Terra Development, Inc. 161 85TH w STREET ... N 0 T(BfiA ST d , • w s>° —NLW3B'33'W — — — — r— 483.82" -4 I • I I � I I I i .o. � I�I - � i GI eo ea.arrrs oe i Iii No egeaNge the ah I� I i I as I I� I Ipl \ / f L •d ,� pN8B3B'33^N ••^• •r. 49182 L SURVEY FOR: TERRA DEVELOPMENT PROPERTY ADDRESS: 85th Street Nvtheust, Otsego, MI ..... ta. LEGAL DESCRIP710N: Lots 2 and 3. Block 1, OTSEGO COMMERCAIL PARK. MIGHT COUNTY, MINNESOTA CERTIFICARON: . I hereby a,,Ufy that ab survey Wee Iesparad by me v under my dkect Ne Staate of Minneso. andt ta,III a duly lJaan� Land Survsyv under the lose of Dated this 14th day of Novembv, 2008 Anderson Engineeang of Minnesota, LLC by. Jodi Balk. Minnesota Lkenr No. 20281 NOTES: 1. Th* orientation of this bearing system Is based an as s«th on, of Block 1 Which is assumed to have a Deming of North 89 degrees 59 minutes 33 second.. Z The arse of the Property Moen here« b 174,241 square feet v 4.0000 a— No title work sod pmMded for iM prepamlion of this wr'y to verify a cahgd dsea Uon v the sdelmas of any —t.v broncee. 4. Aocordin to as Ci of Ot..go 0. property Lbs in Flood Zone 'X' pv Community Map oM Na 2 7074 77 0 0 0 2 A doted Spt.mbr 30, 1992 S. The pnpert drkwd hereon h zoned adustrW d has the fdloskrg osn� obt �a�eecMttsr filambae GtY todNriy allthwnditime that hat aas property ar«gh as oky soninq ordin«ce. This .urvay does not Purport to d.«rib. al eonditlons c«toned In sole ortlFancs. Fr t - 30 feet ham R/W Side - 20 fest Rev — 25 feet Max Wilding h.kght - 30 feet She crovarage — SOX max B Th. location and artant of undsr¢oind uMNlas, If .ho.n, tweed ¢cane .Ndgerirb Thw. b no�qu boyo th eaU11 r=Eames endo y Wow thanPIS appro this In -atonontl and size ond location shwld be .rgrand utBithe moy be Present. VeriRooBon of the sxlet. - and 1«anon oT W utilities should be Wtaned ham the edify __ pd. to «y planning v design. In «..rdanae elth uinnes,te Statute. the location of 0111ties shall be caMkm.d prke to any demdNlon or construction. 7.8ENCNMARK: Top Nut Hydront located at the naraea.t owner of Let 3 devatMn - 885.8 feet Anderson Engineering of Minnesota, LLC C I V I L ENGINEERING A N D LAND S If R V F. P I N G 13808 MIT AVENUE Norm. PLYMOUTH, MN 884!1 TEL (783) 812 -4WD FA] EXHIBIT 8 LEGEND O MANHOLE — • — FENCE • CATCH BASIN —•—SANRARY SEWER O HYDRANT ---STORM SEWER • GATE VALVE —•—WATER MAIN n GAS METER —•—GAS MAIN e TE EPHONE BOX — —TELEPHONE d^ CLEAN OUT —.—ELECTRIC WELECTRIC BOX s DENOTES FOUND RON MONUMENTADON r) W 4- E 3 ep vp S SCALE RJ FEET Anderson Engineering of Minnesota, LLC C I V I L ENGINEERING A N D LAND S If R V F. P I N G 13808 MIT AVENUE Norm. PLYMOUTH, MN 884!1 TEL (783) 812 -4WD FA] EXHIBIT 8 OFFICE/SALES AREA )ER STORAJG.S.. 1180 ET LEVEL MEZZANINE STORAGE AREA MONUMENT SIGN k4RO40*,O�,PA4KIN4(31:SP4CESJ:::—-----------I I I I I I I I I I 1 I I III i I I EDCO------------- ------------ S ___________ _ SSP G -- Ti TRASH ENCLOSURE OIS-4-1— III III FRONT YARD SETBACK BUILDING (30-0") SIDE YARD SETBACK PARKING (5'-0") PALLETS (F.B.O.) TYP. SKYUGHTS ABOVE SIDE YARD SETBACK BUILDING (20'-0') PROPERTY UNE miller dunwiddie AROHIBOIIME 123 North TMrd Shed Sup. 106 Mlnlwpo0a N6 8401-0659 Kxom EDCO DISTRIBUTION CENTER OTSRGO, MINNRSOTA •..e w� ewyu� 2 JNAMRY 2007 lEK FLOOR PLANS 70' '" EXHIBIT C 50 FIMR KOS 40 fl/l0R PIA11 1 SEE rav<xc suc 1 Sff aewxc a., MI I WMEM-S., M" LIM tMANCE =-7 Z At NORTH PRELIMINARY PLAN ��derson Engineering ofNiinnesota, LLC EDCO PRODUCTS GRADING, DRAINAGE OTSEGO, MINNESOTA &EXHIINT D] �OT �FOR CIDN�STFW=N ....... . ­ ".. ­­­­ EROSION CONTROL PLA TERRA DEVELOPMENT INC. z g a F U �z O~ -Z ma za (L 09 WWN Oir d. ,. NORTH PLANT SCHEDUI r ; " I = = _ u p - -,• •f•,%..A. rtn W' Wyer c mpacl.et120' w Mee OTY ID COYYON NAPE BOTANICAI, NAPE 512E N111DoodpFip mWeh GO. very. - 3 InterM A NMSIIAl15 ABX FPENNSYLVANIG_-__\iSOD9^t _ __Fotto l- Ueda. —dempacted beckqW 24'T TNOgaESq HAWI1gIIN O IA115En11JJ 'RI nW 23' BBentlnq soY 'W AC AN Ac 12' plonliny 13 BF BAlSIdJ L1N A BALSAYAEA Yxlure ee wecinee. 11 SD SCOICN PIXE P. SYYESlR15 Y BB - ---- , 'Y AC 1. Protide and Install plant --- : - malwida lFal meal Bp Seale % r�--�-------__I deli - pecifkallane and are el qe 1. Plop —u h to form saucer / 'xF a t> pnd y.0,. plea^ a We wales. 21 WE DWARF WINCED EVONTNUS E ALAIUs 'CdRACN5 Ki CONT nn Plwt aMadWe o. Mown S. Remmw tw 1/3 Of buXw 20 AC AUANE CURRANT S warns w Ina plane. bwn —Wq PROPOSED BIRI.DHD 2. Ramv a deae w —*"d & 21 AJ MCAOIA ARIiER 1 XORRQ1TAl15 / CONT ^ronUee. RslaN U. Dlq poll Na4 7-lY mal, a ANNABELF HYDRANGEA I FFE 86AB0 wa rwm of lna enrab. lw� B'wl �• a .1aa Ac 3. p-6 Ioyw (Atter T. Ba4q .IM gw,Un9 sol. em.nl) of Mneeed B. n5wrlly bottom Of yl -9 I h bah mWM w i _ JJ GONIFEROLc TREE PLAWINGDETAI ' A Tw1Med d1. I ` wA• vets e4md.d \\ I ProlvclWe Wrwpinq Gwpe —ly aMal II'\ les ww. a' sMN fnca poet -� `W p / pap. nelMM ' SAY Die w drNatl to � � ' sa Di. nlab yy 6' WPPeMk' urns 6' WooecM1b NWM np�eero.ced rvbbw %mtb9 wY IxWr d Nw a^w. '^ 1* w2m°a1 1 1 /I , ( m to eza wpn«1n� IxIrked.-141 c 1. Pnvbe pnd m-80..$dA 1. PraHde ane bMmwtlmt \ - _ __ plml ma.ia. toot maerble lMypew,wwwyofuwa. .—MO.—s. Mto %e> rowan to rwm aaacw - % to Ade verve.\ soD soo Nxe type wtl ro.eee aver' R Fdd was. F pent eM.tluN w Mown S. Remove tw to el burlw ,-------- R-- _ _____ c F plant acneMe w Mown i Rwnew lap 1/3 01 buXw w the pone bpm roegM. ___----------- 2. __-- - en Me qme. kern raotbM. 2. Rwnor ease w do-negee a. Dlp pMll td. 2. . RbnPaN—wbaAv.id astd.eermRd eelwldn N—.InaM"rvMb. ba torn bD,oA n.WM -1prm oqe Po7-0 .MaA f(AlM Mr.qwlh platF9 — a• lew (Al" T. BOO— - - aanwnw) el .h,.de.d eMtlemenl) of Mredeea a. SO.My bollen of amtlnq nortlwoad bwk mulrel w B. nd.lh baton Of plwnny Fanwood bah mp1M w py, e, w«Ina omwwln. o. w.Hn.e olnwwl... WR IR PLANTING DETAILD tlDld 5 TREE ANTW TAn C-0PNER CTA ON ell PRELIMINARY PLAN RAF a x Anderson Engineering of Minnesota, LLC EDCO PRODUCTS M w a NOT FOR CONSWCIIOfd ° r ,.w ,�a„„.,saa;a „,,AOTSEGO, MINNESOTA LANDSCAPE PLAN EXHIBIT F ° % wYEgwN bnE NN TERRA DEVELOPMENT INC. 110H � m Pmt us.a. lY I,eA .0-.N PROPOSED EWR.t TREE OPRGPosm DEaouas rREE � PLAxr sPEQ9 - m _,. WMllltt ® PROMED SHRUB PIANTWG - HFDGE rY�E/F ROCK YULCII/EDOER/I.rWDSCAPE FAB%C ,. NORTH PLANT SCHEDUI r ; " I = = _ u p - -,• •f•,%..A. rtn W' Wyer c mpacl.et120' w Mee OTY ID COYYON NAPE BOTANICAI, NAPE 512E N111DoodpFip mWeh GO. very. - 3 InterM A NMSIIAl15 ABX FPENNSYLVANIG_-__\iSOD9^t _ __Fotto l- Ueda. —dempacted beckqW 24'T TNOgaESq HAWI1gIIN O IA115En11JJ 'RI nW 23' BBentlnq soY 'W AC AN Ac 12' plonliny 13 BF BAlSIdJ L1N A BALSAYAEA Yxlure ee wecinee. 11 SD SCOICN PIXE P. SYYESlR15 Y BB - ---- , 'Y AC 1. Protide and Install plant --- : - malwida lFal meal Bp Seale % r�--�-------__I deli - pecifkallane and are el qe 1. Plop —u h to form saucer / 'xF a t> pnd y.0,. plea^ a We wales. 21 WE DWARF WINCED EVONTNUS E ALAIUs 'CdRACN5 Ki CONT nn Plwt aMadWe o. Mown S. Remmw tw 1/3 Of buXw 20 AC AUANE CURRANT S warns w Ina plane. bwn —Wq PROPOSED BIRI.DHD 2. Ramv a deae w —*"d & 21 AJ MCAOIA ARIiER 1 XORRQ1TAl15 / CONT ^ronUee. RslaN U. Dlq poll Na4 7-lY mal, a ANNABELF HYDRANGEA I FFE 86AB0 wa rwm of lna enrab. lw� B'wl �• a .1aa Ac 3. p-6 Ioyw (Atter T. Ba4q .IM gw,Un9 sol. em.nl) of Mneeed B. n5wrlly bottom Of yl -9 I h bah mWM w i _ JJ GONIFEROLc TREE PLAWINGDETAI ' A Tw1Med d1. I ` wA• vets e4md.d \\ I ProlvclWe Wrwpinq Gwpe —ly aMal II'\ les ww. a' sMN fnca poet -� `W p / pap. nelMM ' SAY Die w drNatl to � � ' sa Di. nlab yy 6' WPPeMk' urns 6' WooecM1b NWM np�eero.ced rvbbw %mtb9 wY IxWr d Nw a^w. '^ 1* w2m°a1 1 1 /I , ( m to eza wpn«1n� IxIrked.-141 c 1. Pnvbe pnd m-80..$dA 1. PraHde ane bMmwtlmt \ - _ __ plml ma.ia. toot maerble lMypew,wwwyofuwa. .—MO.—s. Mto %e> rowan to rwm aaacw - % to Ade verve.\ soD soo Nxe type wtl ro.eee aver' R Fdd was. F pent eM.tluN w Mown S. Remove tw to el burlw ,-------- R-- _ _____ c F plant acneMe w Mown i Rwnew lap 1/3 01 buXw w the pone bpm roegM. ___----------- 2. __-- - en Me qme. kern raotbM. 2. Rwnor ease w do-negee a. Dlp pMll td. 2. . RbnPaN—wbaAv.id astd.eermRd eelwldn N—.InaM"rvMb. ba torn bD,oA n.WM -1prm oqe Po7-0 .MaA f(AlM Mr.qwlh platF9 — a• lew (Al" T. BOO— - - aanwnw) el .h,.de.d eMtlemenl) of Mredeea a. SO.My bollen of amtlnq nortlwoad bwk mulrel w B. nd.lh baton Of plwnny Fanwood bah mp1M w py, e, w«Ina omwwln. o. w.Hn.e olnwwl... WR IR PLANTING DETAILD tlDld 5 TREE ANTW TAn C-0PNER CTA ON ell PRELIMINARY PLAN RAF a x Anderson Engineering of Minnesota, LLC EDCO PRODUCTS M w a NOT FOR CONSWCIIOfd ° r ,.w ,�a„„.,saa;a „,,AOTSEGO, MINNESOTA LANDSCAPE PLAN EXHIBIT F ° % wYEgwN bnE NN TERRA DEVELOPMENT INC. 110H � m Pmt us.a. lY I,eA .0-.N INSULATED CONCRETE PANE STOREFRONT GLAZIN( PREFIN METAL CANOPY FASCIA AND SOFFT PREFIN METAL FASCIA TRANSLUCENT INSULATED GLAZING SYSTEM INSULATED CONCRETE PANEL PREFIN METAL CANOPY FASCIA AND SOFFIT STOREFRONT GLAZING PREFIN METAL FASCIA INSULATED CONCRETE PANEL ARRCY EADSTEELSIDING PREFIN METAL FAS TRANSLUCENT INSULATED GLALNO SYST INSULATED CONCRETE PM MROWHEAD STEEL SIDI EAST ELEVATION aee ORAINNC aCALE -- SOUTH ELEVATION M -- UI NORTH ELEVATION 6uollAFelM oeALe 0• 10, 30, miller dunwiddie A3pN1ECNRE 123 North Thhd Shad SWW 106 MNIn2pob MN 55601-1657 WWWA Oar&wMddie.cwR P 612-337-M f 612.737-0031 EDCO DISTRIBUTION CENTER OTSEGO. MINNESOTA 2 AWUNtY i00) ra PRELIMINARY ELEVATIONS KHIBIT G-1 1- Red (1070) Pre -cast concrete 2- Clayton Steel Siding 3- Classic Red Steel Siding 4- Wickertone Steel Siding 5- Cedar Metal Shake 6- Metal Fascia terra M■ devellip111ew, 1111'. IML M-5-1 1- Red (1070) Pre -cast concrete 2- Wickertone Steel Siding 3- Rustic Brown Steel Siding 4- Classic Red Steel Siding 5- Sand Stone Metal Shake 6- Metal Fascia = terra ■■ development, inc. Miller dunwiddie AK,Uh" I L':; I U H. Hakanson 3O 111 1-AssocJnc. Anderson 3601 Thurston Avenue, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, NAC Andy MacArthur, City Attorney Ronald Wagner, P.E. City Engineer Tom Brown, Terra Development, Inc. Miller Dunwiddie Architecture Yearwood Development, LLC Mark T. Jaster, P.E. Anderson Engineering of Minnesota, LLC From: Brent Larson, E.I.T. Date: February 1, 2007 Re: Otsego Commercial Park — Lot 3, Block 1 - EDCO Distribution Center We have reviewed the Preliminary Plans, dated 1/25/07, for the above -referenced project and would offer the following comments: Preliminary/Final Plat A plat shall be submitted for Lots 2 and 3, Block 1 of Otsego Commercial Park. The plat(s) shall be revised to extend the R.O.W. to cover the bike path that will be installed along the south side of 85th Street NE, with the Great River Centre project. The farthest edge of the 10' wide bike path will be located approximately 17' from the back of the curb. 2. An agreement regarding the allowed use of the western entrance/exit by the property to the west for access to 85th Street NE shall be prepared. Site Layout (Sheet A100) It appears that the parking lot/private drive entrance along the east lot line crosses into the 5' parking setback. 2. It is unclear it the fence depicted is existing or proposed. The fence is currently depicted extending onto the adjacent east property. 3. The name and contact information, including a contact person and phone number, for the record owner(s), applicant, land surveyor, engineer, and designer of the plan shall be shown on a cover sheet. C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\XACJFBBI\ot2500 EDCO rvwl.doc 4. Label the rear yard setback. The bar scale is unclear. The actual scale is 1"=20' (or 1"=40' for the smaller drawing) but the bar scale does not depict multiples of 20. Existing Conditions (Sheet 3) 1. Please include a title to identify this sheet. 2. The existing zoning and owner information for this and adjacent properties shall be shown. 3. Label the bearing and distance for the lot line between the separate lots. 4. The total area of the plat shall be shown. Location, size, and elevations of existing sewers, watermain, and other underground facilities within 150' of the properties boundaries shall be shown. See the construction plans for the street and utilities installed along 85th Street NE with the Great River Centre project. Please verify against the current utilities shown. 6. Under Notes, #5 incorrectly indicates this property is zoned as industrial. The current zoning of this property is BW — Business/Warehouse. Required setbacks for BW zoning are as follows: Front = 30 ft Side = 20 ft Rear = 20 ft 7. Please list the Datum used for surveying the existing ground and utilities. All final grading and construction elevations shall be based on the 1929 datum. It does not appear that the drawing is at any particular scale. Please revise. Preliminary Grading, Drainage, and Erosion Control 1. Soil Boring locations shall be depicted on the grading plans. 2. Please revise the grading plan to depict the required extension of R.O.W. and bike path that will be installed along the south side of 85t Street NE, with the Great River Centre project. (See preliminary/final plat comment #1) 3. It does not appear that the drawing is at any particular scale. Please revise. 4. Depict the propose grades (%) across paved areas and along gutter lines throughout the parking lot. Minimum 1% grade across all paved areas and a minimum 0.6% grade along all gutter lines are needed. 5. It does not appear there will be sufficient grade (minimum of 2% is required) from the front of the building to the edge of the proposed bike path. It appear that a 2% grade from the back of the curb Hakanson Anderson CADocuments and Settings\Tauri\Local Settings\Temporary Internet Fi1es\Content.IE5\XA1 Assoc., Inc. along 85th Street to the south edge of the bike path will leave the edge of the bike path at or above the depicted 864 contour near the front of the building. 6. The existing sanitary sewer and water services and mains should be removed from the grading plans. 7. Verify there are sufficient storm sewer catch basins to avoid flooding of the parking lot and loading dock area. It appears there is a large area draining to the trench drain near the loading dock area. A storage depth of 1' deep within the parking lot is acceptable. Preliminary Utility Plan The inverts of all existing storm and sanitary sewer stubs shall be field verified prior to the start of construction. 2. Label the length of watermain pipe. 3. Hydrant coverage is insufficient. A minimum 300' spacing (150' radius) is required for commercial developments. 4. A clean out on the sanitary sewer service is shown to be installed at the edge of the building. There is already a clean out located on the sanitary service line at the end of the stub. There should be no reason to have two clean outs this close together. 5. PVC and CPE storm sewer is not allowed under traffic areas. This storm sewer pipe shall be RCP. Hakanson Anderson CADocuments and Settings\Tami\Local Settings\Temporary Internet Fi1es\Content.IE5\XA1 Assoc., Inc. ITEM 3_2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT - addendum TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Pouliot Mining Permit/CUP REPORT DATE: 1 February 2007 ACTION DATE: 13 April 2007 NAC FILE: 176.02 — 06.27 BACKGROUND The Planning Commission opened a public hearing at their meeting on 2 January 2007 to consider the conditional use permit (CUP) application of Eagle Trucking, Inc. for excavation of gravel and sand in excess of 50 cubic yards within an A-1 District. The public hearing was continued to the Planning Commission meeting on 5 February 2007 to allow the operator to submit additional information. Revised plans were submitted to the City Engineer on 24 January 2007 and are reviewed herein. A summary and response to the comments received at the public hearing on 2 January 2007 has also been incorporated as part of this report. A citizen's petition requesting preparation of an Environmental Assessment Worksheet (EAW) for the proposed has also been submitted to the Environmental Quality Board (EQB). In accordance with Minnesota Rules 4410.1100, Subp. 5, the EQB has determined that the City of Otsego is the Responsible Government Unit (RGU) in deciding if an EAW is to be required. The decision on the need to prepare an EAW for the proposed use will be incorporated as part of the actions on the requested CUP. Exhibits: A. Title Sheet G. Grading Plan — Phase 4 B. Existing Conditions H. Final Grading/Closure Plan C. Site Plan I. Cross Sections AA to FF D. Grading Plan — Phase 1 J. Cross Sections GG to II E. Grading Plan — Phase 2 K. Details F. Grading Plan — Phase 3 L. Survey ANALYSIS Application. Section 20-4-2.13 of the Zoning Ordinance provides that any person with interest in property within the City may make application for a CUP as allowed within the various zoning districts. Consideration of CUP applications are quasi-judicial actions in that the decision must be based on whether established criteria and standards relating to public health, safety and general welfare or consistency with the Comprehensive Plan have been satisfied. The requirements for gravel mining uses are specified in Section 24 of the Zoning Ordinance with related requirements in Chapter 16. Evaluation of the CUP application is based on criteria established in Section 20-4-21 of the Zoning Ordinance. A decision to approve or deny the application must be based on information presented as part of the application, City staff reports and legally sufficient testimony at the public hearing in relation to requirements for allowing the gravel mining use. At least one reason given for denial of a CUP must have a rational basis in the facts presented in consideration of the application. Community opposition to an allowed use of property is not a legally sufficient reason for denial of an application when factual evidence, expert analysis and compliance with established performance standards has been provided for or conditioned as part of the application. Evaluation of the request by the Planning Commission and City Council is to be based upon (but not limited to) the following criteria established by Section 20-2-41 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Project Description. The subject site is a 100 acre property located northwest of Mason Avenue and 83`d Street. The operator is proposing to excavate approximately 39 acres of the property to extract approximately 765,000 cubic yards of sand and gravel material for exportation from the subject site. The effect of the excavation will be to lower the hill southwest of the existing farmstead approximately 45 feet and the hill 2 northwest of the farmstead approximately 50 feet to elevations consistent with the eastern portions of the subject site along Otsego Creek or not more than 10 feet below the existing farmstead in the center of the property. By comparison, the Martin Farms and Zimmer Farms developments to the southwest of the subject site had significantly more grading over a larger area. Martin Farms graded 1,700,000 cubic yards of material over 280 acres. Within the Zimmer Farms development, 135 acres and 950,000 cubic yards were graded. The proposed excavation is to occur in four phases beginning in 2007 and ending in 2009. As each phase is completed, the area would be restored to the elevations shown on the final grading plan to allow for resumption of crop production and potential future development of low density residential uses. It is anticipated that the area upon which the farmstead sits would be lowered to match surrounding grades at such time as the property develops with urban uses. The submitted site plan identifies the locations of interior haul roads that would be utilized during the excavation, the location of temporary crusher equipment used to process the excavated material prior to hauling off of the site and stockpile locations for top soil stripped from the excavation area to be replaced as part of the final grading plan. The use of an on-site crusher has been considered an incidental accessory use to grading activities previously permitted in the City. The site plan also identifies a staging area at the southeast corner of the property that would include a temporary office trailer, portable toilets, trash storage and parking for on-site employees. Environmental Review. Minnesota Rules 4410.4300, Subp. 12 requires preparation of an EAW if an excavation is 40 acres or more to a mean depth of 10 feet. The proposed grading of the subject site does not exceed this threshold. An EAW would be required if in the future the operator proposes expansion of the use (as would an application to amend the CUP) in accordance with Minnesota Rules 4410.1000, Subp. 4 addressing connected actions. When an EAW is prepared, a public hearing (with notice in the official paper and mailed to surrounding property owners) is held to consider the findings of the report and determine the extent for significant environmental effects. A citizen's petition has been submitted requesting that an EAW be prepared for the project. In accordance with Minnesota Rules 4410.1100, Subp. 5, the EQB has determined that the City of Otsego is the RGU for responding to the petition and it is therefore the City Council's decision alone as to whether an EAW is to be required. City staff has reviewed the petition for preparation of an EAW. The information presented raises several potential issues with grading activities generally and/or the specific project, but does not address how these potential issues relate to the performance standards already established by the City for the use. The criteria on whether to require an EAW for the project is set forth by Minnesota Rules 4410.1700, Subp 7, which is also included as Section 20-38-3.D.4 of the Zoning Ordinance: A. type, extent, and reversibility of environmental effects; B. cumulative potential effects of related or anticipated future projects; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. The Zoning Ordinance establishes comprehensive regulations for land excavation, which together with regulations on land use within Shoreland Overlay Districts and general regulations regarding erosion and drainage, noise, dust and particulate matter and odors will address any potential environmental effects related to the proposed use satisfying criteria "C° above. With respect to criteria "D" above, EAWs were required to be prepared as part of the Arbor Creek, Martin Farms and Zimmer Farms developments within the west sewer district in close proximity to the subject site and AUARs prepared for the Great River Centre (SuperTarget) and Gateway North Industrial Park (Duke Realty, LP)/Queens Avenue project due in part to the amount of material graded on these respective sites for development and address mitigation of potential environmental effects from grading activities. It is City staffs opinion that preparation of an EAW for the proposed grading operation would not likely yield additional information effecting the decision of the Planning Commission and City Council. Furthermore, previous environmental studies within the City outline the means by which potential environmental effects can be anticipated and controlled. In most cases, controlling the potential for significant environmental effects is based on requiring compliance with established City Codes, Zoning Ordinance and Engineering Manual regulations or implementation of measures common to grading activities, such as application of dust control. Surrounding Land Uses. The subject site is surrounded by the following proposed/existing land uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Agricultural fields Rural Single Family East LD Residential A-1 District Agricultural fields Rural Single Family South LD Residential A-1 District Agriculture fields Farmstead West LD Residential A-1 District Agriculture fields The area of the subject site is within Urban Service Expansion Area W2, where sanitary sewer and water utilities may be available within an estimated 10 to 15 years. Until utilities are extended, the Comprehensive Plan directs a continuation of rural land uses and rural residential densities not exceeding one dwelling unit per 10 acres. Compliance with performance standards imposed by the Zoning Ordinance on the proposed use is considered to be sufficient to ensure compatibility of the grading operation with existing surrounding uses. The City has approved excavations within closer proximity to greater densities of residential units along Kadler Avenue north of CSAH 39 and at CSAH 37/TH 101 within % mile of 380 townhome units. With respect 4 to future uses in the area, the limited extent of the grading operation being proposed suggests that the excavation will be completed well in advance of any urban residential development and that grading of this type may be anticipated as part of any development proposal for the subject site or surrounding properties. The Elk River School District has purchased the 80 acres immediately west of the subject site and has expressed concern about the compatibility of the proposed grading operation with their use of their property. Development of a school on the adjacent property will require a Zoning Map amendment. No application has been received by the City for a Zoning Map amendment or site plans for development of a school facility on this site. Thus no entitlement exists for a school use on the School District property and the City may only consider the property as guided for future low density residential uses by the adopted Future Land Use Plan. City staff estimates that a similar grading of the school district property will be required in order to develop the site for school buildings and athletic fields. The proposed grading operation of the subject site will be required to comply with all applicable dust, noise and odor regulations established by the MPCA addressing potential compatibility issues. Security of the grading operation can be addressed by provision of a fence similar to that installed at existing Otsego Elementary if there is concern about trespass. Included as part of the application is a final grading plan showing the site restored to elevations suitable for future low density residential uses guided by the Comprehensive Plan. The elevations for the final grading plan are based on the City's Trunk Sanitary Sewer Collection System Plan. Utilities pipes cannot be installed as part of final grading of the site as suggested at the public hearing as the future development pattern is unknown. The location and elevation of utilities within the site is dependent upon pattern of adjacent development from which the lines will be extended to serve the subject site and the site plan for a future subdivision. There are also issues with installing pipes not anticipated to be used for 10 years or more. Property Values. Statements were made at the public hearing regarding concerns that area property values would decrease as a result of the proposed use. Using property values as a basis for a land use decision requires a detailed study prepared by a certified real estate appraiser. Anecdotal evidence or statements from Realtors does not meet the standards for legally sufficient evidence. Because appraisals are a subjective, qualified analysis of a property's value and because different outcomes are common for appraisals of the same property by different appraisers, the Planning Commission and City Council have been advised in the past not to use this criteria as a basis for land use decisions. Hours of Operation. Section 20-24-6.6 of the Zoning Ordinance specifies hours of operation more restrictive than those designated by the Engineering Manual and these would apply to the subject site. The allowed hours of operation would be limited to 7:00 AM to 6:00 PM Monday through Friday. Given the proximity of several adjacent residences, City staff recommends that no activity related to the grading operation may start before 7:00 AM or continue past 5:00 PM, which would include equipment start up and maintenance. City staff also recommends prohibiting grading activity on the site during Federal holidays when residents are most likely to be at home. 5 Access. The proposed grading area is to be accessed from an entrance onto 83rd Street with a gate to prevent unauthorized entrance to the site. The City Engineer estimates that the proposed operation may generate an average of 142 haul trips per day based on information provided by the operator as to the proposed seasonal operation of the use, proposed hours of operation and amount of material to be removed from the site. The operator has proposed the following possible haul routes for the grading operation: ■ 83rd Street to Mason Avenue to CSAH 39 ■ 83rd Street to Nashua Avenue to CSAH 39 ■ 83rd Street to Marlow Avenue to 80th Street to MacIver Avenue to CSAH 37. The City Engineer has reviewed these proposed routes and recommends use of only Mason Avenue to CSAH 39 and MacIver Avenue to CSAH 37 for haul routes. All of the streets along the recommended haul routes have 12 foot wide travel lanes consistent with minimum City and MNDoT design standards and have sections capable of handling the weight of the haul vehicles. The City Engineer has documented that Mason Avenue, 83rd Street, Marlowe Avenue and 80th Street lack four foot gravel shoulders and have ditch slopes steeper than those specified on City Engineering Manual Standard Plate 100. The City has established no plan or schedule to upgrade these streets to the specifications established by Standard Plate 100. While the width of the vehicle lanes is consistent with City and MNDoT standards, the lack of shoulders consistent with the City's design specifications do not allow additional reaction space to an obstruction in the roadway or an on -coming vehicle crossing the centerline. The slopes of the ditches along stretches of these roadways increase the potential for damage to property caused by a vehicle leaving the roadway. The City Engineer has also determined that the turning radii at the intersections of CSAH 39/Mason Avenue and at 83rd Street/Mason Avenue would require a tractor -trailer haul vehicle to cross over into the adjacent lanes in order to make right turns. To address the issues identified with the recommended haul roads, the City Engineer has outlined the following measures: Haul vehicles shall be restricted to not more than 40 miles per hour when traveling on all City streets. Imposition of a speed restriction may be enforced by locating the City's speed radar trailer along the haul routes to record vehicle speeds or by increased patrols by the Wright County Sheriff as part of the City's contract services. The need to provide additional enforcement on the haul routes may decrease law enforcement presence in other areas of the City because the City's service levels are budgeted for and established by contract. 2. The operator must widen the paved street section at CSAH 39/Mason Avenue and 83`d Street/Mason Avenue to accommodate minimum truck turning radii, subject to approval of the City Engineer. 3. Local streets are subject to spring weight restrictions which the operator must abide by. R 4. A Letter of Credit (LOC) must be established as security to provide for on-going repair of street damage caused by the operation and to provide an overlay of 83rd Street, Mason Avenue, Marlow Avenue and 80th Street to MacIver Avenue upon completion of the operation. 5. The City may require an overland haul route from the subject site directly to CSAH 39 or to MacIver Avenue at 80th Street. Implementation of this measure would require cooperation of adjacent property owners. Questions were raised at the public hearing regarding the operator's vehicle safety record. This information would be beyond the City's land use jurisdiction except to require compliance with all traffic laws and that vehicles be licensed and maintained for use on public streets. A question was also asked about prohibiting use of air -brakes. These ordinances are unenforceable as the City cannot regulate what braking force the driver deems necessary to slow or stop the truck operating on public streets. Otsego Creek. Otsego Creek crosses the property from south to north in the eastern portion of the site parallel to Mason Avenue. Otsego Creek is a designated Mississippi River Tributary and land within 300 feet of the Creek is included with a Shoreland Overlay District. Concern was raised at the public hearing regarding the impacts of the grading operation to Otsego Creek. All excavation activities will be required to occur outside of the Shoreland Overlay District. The location of the temporary top soil stockpile at the northeast corner of the site may be within the Shoreland Overlay District and City staff recommends that it be moved to a location more than 300 feet from the centerline of Otsego Creek. Silt fencing will be required at the perimeter of the excavation area and top soil stockpiles will be required to be seeded to minimize erosion. Run off from the grading area to Otsego Creek will pass through stormwater basins shown on the grading plan to protect water quality allowing sedimentation to settle out before reaching Otsego Creek and control stormwater flow to current rates. The provision of proper stormwater management facilities is subject to the requirements of Section 20-16-9 of the Zoning Ordinance and approval of the City Engineer. Otsego Creek is designated as a greenway corridor on the City's Future Park and Trail Plan map. Maintaining the gravel operations outside of the Shoreland Overlay District will ensure protection of the creek corridor and also maintain a wildlife corridor for animals crossing the subject site. Dust. Section 20-16-12 of the Zoning Ordinance requires compliance with MPCA Minnesota Regulations APC 7005 standards pertaining to air quality. Research done by the City Engineer indicates that dust from grading operations similar to that proposed and that have occurred elsewhere in the City do not exceed MPCA limits and that most of the dust travels no more than 300 feet beyond the grading site. To limit the amount of dust generated by the grading activity, Best Management Practices will be required, interior haul roads and staging areas must be surfaced with Class 5 and the operator will be required to apply water and/or chemical dust control as necessary. A rock construction entrance at 83rd Street consistent with City Standard Plate 505 will be 7 provided to minimize dirt being carried out onto the public street. City staff recommends that the operator be required to keep a street sweeper on site and sweep approaching streets daily as follows: 83`d Street between Mason Avenue and Marlowe Avenue. 2. Marlowe Avenue between 83`d Street and 80th Street. 3. 80th Street between Marlowe Avenue and MacIver Avenue. 4. MacIver Avenue between 80th Street and 78th Street. 5. Mason Avenue 500 feet north of 83`d Street. 6. Additional streets shall be swept or the frequency of additional street sweepings shall be as determined necessary by the City Engineer. Noise. Concern was raised at the public hearing regarding noise generated by the grading operations, primarily from equipment being used on site including an on-site crusher, loaders and trucks. There is a similar crusher being operated in the gravel mine located at the southwest corner of CSAH 37 and TH 101. This crusher is within approximately % mile of 380 townhouse dwellings and additional single family homes. The City has not received any complaints regarding the operation of the crusher or activity related to on-site processing. The operator has submitted specifications for the proposed crushing equipment to be located on the subject site demonstrating compliance with MPCA Minnesota Regulations NPC 7010. City staff recommends that the temporary crusher be located in the south or southwestern portions of the property near the proposed staging area to maximize the distance from existing residential uses to the north and north east of the subject site. Tree Preservation. Concern was expressed at the public hearing over the potential loss of existing trees along the west property line and at the northwest corner of the subject site. A property owner may remove any of the trees on their property at any time and most of the trees along the west property line will likely be lost to future urban development of the subject site or the adjacent property owned by the School District. The City did not require a tree inventory or preservation plan as part the Pleasant Creek Farms, Arbor Creek, Martin Farms, Zimmer Farms, Sunray Farms or Duerr Creek subdivisions within the west sewer district. However, section 20-16-7.C.2.f would allow the City to require an inventory of trees larger than four inches in diameter and a preservation plan as part of the CUP. Preservation of any existing significant trees would aid in screening the operation from view of adjacent properties. Ground Water Impacts. The operator must provide a report prepared by a qualified soils engineer stating that no wetlands will be impacted as a result of the proposed site grading. There is to be no on-site well for the grading operation and water may be obtained from existing City wells at a cost to the operator as needed. The proposed excavation will remove material to a lowest elevation of 920 feet, which is approximately 10 below the existing farmstead on the property. The area water table is known to be at an elevation of 900 to 905 feet meaning the lowest elevation of the excavation will be 15 to 20 feet above the water table. No impact to the water table or area wells is anticipated as a result of the excavation. Vibration. Concern was raised at the public hearing regarding potential vibration impacts caused by the grading operation effecting adjacent properties. No piling or other similar actions are anticipated as part of this operation. The proposed use involves primarily excavation and grading of the subject site. Past environmental studies regarding similar grading operations have not identified vibration impacts as a potential concern. Securities. Section 20-24-7 of the Zoning Ordinance allows the City to require a security to provide for necessary erosion control, site restoration and project oversight. The amounts of securities required for tree preservation, street repair, erosion control and restoration and City administration of the permit are to be determined by the City Engineer and submitted in a form approved by the City Attorney. Performance Agreement. City staff recommends execution of a performance agreement by the property owner and operator for the proposed use. The performance agreement will establish the terms and conditions of the CUP approval provide for administration and inspection of the operation and an escrow for costs incurred in the administration of the permit and the terms of the securities. The performance agreement is to be drafted by the City Attorney and is subject to approval by the City Council. RECOMMENDATION The proposed grading operation on the Pouliot property conforms to the requirements established by Section 24 of the Zoning Ordinance and other applicable performance standards. The only potential issue with the proposed use is the adequacy of the recommended haul routes to accommodate the type of traffic and number of trips generated by the use. While the vehicle lanes of the recommended haul routes are adequate, the lack of shoulders and ditch slopes consistent with the City's established street specifications reduces available reaction space and increases the potential for damage of vehicles leaving the roadway. These concerns can likely be mitigated with conditions limiting haul vehicle speeds upon these roadways and limiting the allowed haul hours. City staff has outlined possible actions below for approval, denial or a tabling of the application. Regarding the submitted petition requesting preparation of an EAW for the project, City staff recommends that an EAW not be required. This recommendation is based on the criteria established by Minnesota Rules and the Zoning Ordinance regarding the need for an EAW to be prepared: 1) the proposed excavation does not exceed thresholds established by Minnesota Rules for a mandatory EAW, 2) conformance with established performance standards within the Zoning Ordinance and Engineering Manual address any potential environmental effects related to the proposed use, and 3) previous environmental studies within the City outline extent to which environmental effects can 0 be anticipated and controlled. Any proposal in the future to expand the grading operation on the subject site above the thresholds established by Minnesota Rules would cause mandatory preparation of an EAW at that time. The Planning Commission's decision on the CUP application must be based on the established criteria for consideration of the request and reflect information included as part of the application, analysis presented by City staff, and legally sufficient information received as part of the public hearing. A motion to recommend approval of the application should be made subject to the stipulations listed which are intended to ensure compliance with the specific performance standards established by the Zoning Ordinance and Engineering Manual applicable to the proposed use. Specific findings that the Planning Commission may consider as a basis for denial of the requested CUP pertaining to traffic issues and protecting public safety are also provided. Finally, the Planning Commission may table consideration of the application to a future meeting and direct City staff and/or the operator to provide additional information regarding specific issues or concerns. POSSIBLE ACTIONS Decision 1 — Preparation of an EAW A. Motion to recommend that an EAW be prepared to evaluate the potential environmental effects of the proposed use. B. Motion to recommend that preparation of an EAW is not to be required as the potential for environmental effects are adequately mitigated by ongoing City regulatory authority though the Zoning Ordinance. C. Motion to table. Decision 2 — Conditional Use Permit A. Motion to approve a conditional use permit allowing gravel mining of the subject site based on the submitted plans and other information received to date, subject to the following conditions: 1. The comments of the Engineering Review dated 1 February 2007 are to be addressed to the satisfaction of the City Engineer. 2. The use is allowed pursuant to the submitted plans and information approved by the City Council except as modified herein, including but not limited to the excavation phasing plan and shall at all times comply with the requirements of the City Code, Zoning Ordinance, Engineering Manual and the conditions of this permit. 10 3. The Final Grading / Closure Plan shall be completed within 30 days after termination of use of the Property. The reclamation/restoration security will be returned to the Property Owner upon confirmation by the City Engineer that all aspects of the Reclamation and Restoration Plan have been completed and ground cover is established. 4. The hours of operation are restricted to 7:00 AM to 5:00 PM Monday through Friday. Operations are also prohibited on Federal holidays. No activities related to the grading operation shall occur outside of these times. 5. The Property Owner and Operator shall cause the property or equipment located on the property to be secured from unauthorized entry. A locked gate across the haul road shall be installed and locked appropriately when mining is not in operation. 6. All interior haul roads and processing or staging areas shall be surfaced with Class 5 with chemical treatment or water to be applied as necessary to control dust, subject to approval of the City Engineer. 7. The operator shall submit specifications for the proposed crushing equipment demonstrating compliance with MPCA Minnesota Regulations NPC 7010. On site crushing and processing shall be relocated to the southeast staging area and shall comply with all applicable setbacks and restrictions on hours of operation. There shall be no crushing or other processing of material imported to the subject site. 8. Vehicles used for hauling material from the site shall be subject to the following restrictions: a. All vehicles shall be licensed and maintained as required to operate on public streets. b. Vehicles shall be limited to the following routes to/from the subject site: 1. 83rd Street to Mason Avenue to CSAH 39; a. Use of this haul route shall be subject to widening of the paved street section at the intersections of Mason Avenue/CSAR 39 and 83rd Street/Mason Avenue to accommodate truck turning movements, subject to approval by the City Engineer. 2. 83rd Street to Marlowe Avenue to 80th Street to MacIver Avenue; or, 11 3. An overland haul route directly to CSAH 39 or to MacIver Avenue at 80th Street subject to establishment of temporary ingress/egress easements and construction as approved by the City Engineer. C. Vehicle speed shall be limited to not more than 40 mph on 83`d Street, Mason Avenue, 80th Street and Marlowe Avenue. d. Vehicles shall be subject to seasonal road weight restrictions on local streets. 9. No grading, excavation or stockpiling of topsoil shall occur within the Shoreland Overlay District of Otsego Creek (300 feet from the channel centerline). 10. The operator shall comply with MPCA Minnesota Regulations APC 7005 and institute the following additional measures to control dust related to the operation: a. A rock construction access consistent with City Standard Plate 505 shall be provided at the site entrance. b. Provide for daily sweeping of the following streets: 83`d Street between Mason Avenue and Marlowe Avenue. 2. Marlowe Avenue between 83`d Street and 80th Street. 3. 80th Street between Marlowe Avenue and MacIver Avenue. 4. MacIver Avenue between 80th Street and 78th Street. 5. Mason Avenue 500 feet north of 83`d Street. 6. Additional streets shall be swept or the frequency of additional street sweepings shall be as determined necessary by the City Engineer. 11. Site drainage and erosion control shall be provided for as required by the Zoning Ordinance and Engineering Manual, subject to review and approval of the City Engineer. 12. The Property Owner and Operator shall provide proof of an NPDES permit issued by the State of Minnesota for the Property, and Property Owner shall comply at all times with the conditions of that permit. 13. Noise generated on the subject site in relation to grading activities shall conform to Section 20-16-14 of the Zoning Ordinance with reference to MPCA Minnesota Regulations NPC 7010. 14. The operator shall prepare an inventory of significant trees at the northwest corner of the site and submit a tree preservation plan to preserve said significant trees in accordance with Section 20-16-7.C.2 of the Zoning Ordinance prior to commencement of grading activities on the subject site. 15. Upon a rezoning of an abutting parcel to the west or north of the subject site from an agricultural to residential or institutional zoning district established by Chapter 50 of the Zoning Ordinance, the operator shall install an eight -foot tall chain link fence at the perimeter of the active grading area, subject to issuance of a fence permit and the requirements of Section 20-16-6 of the Zoning Ordinance. 16. The property owner and operator shall provide the following securities as a letter of credit or cash escrow in amounts approved by the City Engineer within a performance agreement executed between the property owner, operator and City: a. $1,000.00 for each significant tree identified on the tree preservation plan. Any significant tree designated on the tree preservation plan shall be replaced at a 2:1 caliper inch ratio if damaged or destroyed by the grading operation. b. Erosion control and restoration security in the amount of $3,000.00 per gross acre of land being actively graded or not fully restored at the completion of each phase. C. A street security in the amount of $161,000.00 for repair and overlay of designated City street haul routes damaged by vehicles involved in the exportation of material from the subject site, including trips to and from the subject site. d. A security in the amount of $10,000.00 for daily street sweeping. The security shall be re-established to $10,000.00 each time its balance falls below $1,000.00. The intent of the escrow is to allow the City Public Works Department to complete the required daily street sweeping if the operator fails to do so and recover costs incurred in this action. The City shall provide Property Owner with a monthly statement detailing any charges against the escrow. 13 e. A cash escrow in the amount of $5,000.00 for the purposes of assuring that the City has funds available to cover costs of administering the operation. The escrow shall be re-established to $5,000.00 each time its balance falls below $1,000.00. It is the intent of this Agreement that the City have available to it at all times sufficient funds to administer the operation. f. The City shall provide Operator with a monthly statement detailing any charges against the escrow. g. At the end of the operation all remaining unused securities shall be returned to the Operator. 17. The property owner and grading operator shall execute a performance agreement with the City regarding the conditions of the CUP and provide all securities and administrative escrows required by it, subject to approval of the City Attorney. B. Motion to deny the application as the request is inconsistent with the Comprehensive Plan and Zoning Ordinance based on the following findings: The Comprehensive Plan states that "Transportation facilities shall be planned to function in a manner compatible with adjacent land use (Otsego 2004 Comprehensive Plan, page 23); and, 2. The City Engineer has reviewed proposed routes to and from the subject site proposed to be utilized by haul vehicles and made the following findings regarding the safety of the existing streets: a. There are insufficient shoulder widths for the posted speeds along Mason Avenue, Marlowe Avenue, 80th Street and 83rd Street. b. Ditch slopes are too steep for posted speeds along Mason Avenue, Marlowe Avenue, 80th Street and 83rd Street C. Insufficient turning radii for tractor -trailers at the intersections of Mason Avenue/CSAH 39 and 83rd Street/Mason Avenue. 3. The Comprehensive Plan calls for "existing streets [to be] upgraded in compliance with MNDoT standard specifications for construction (Otsego 2004 Comprehensive Plan, page 24); and, 4. The City has not adopted plans to improve said streets to the specifications established by City Standard Plate 100. 14 5. Enforcement of reduced speed limits required to be imposed to allow for safe operation of haul vehicles upon City streets places additional demands on City police services that cannot be accommodated by established service agreements potentially overburdening the City's law enforcement capabilities. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer John Hubers, Eagle Trucking, Inc. Randy and Karen Pouliot, property owners Ben Bastyr, EAW Petitioner's Representative 15 Pouliot Minning Site OTSEGO, MINNESOTA Eagle Trucking, Inc. / Frattalone Companies / "/\ solidgroound OWNER: Randal T. Pouliot 8457 Mason Avenue NE Otsego, MN 55850 768-497-8158 APPLICANTS: Eagle Trucking, Inc. 20920 Forest Road N Forest Lake, MN 55025 651-426-4141 and Frattalone Companies 8205 Spruce Street St. Paul, MN 55117 651-484-0448 ,EOTECHNICIAL ENGINEER: Braun Intertec 1826 Buerkle Road St. Paul, MN 55110 651-487-8245 Preffininary CIVIL ENGINEER: Solid Ground Engineering, LLC Not For ;,ur-st"�.ction 4756 Banning Avenue, Suite 206 White Bear Lake, MN 55110 651-407-6018 s. EXISTING CONDITIONS s. SITE PLAN 4. GRADING - EROSION CONTROL PHASE 1 S. GRADING - EROSION CONTROL PHASE 9 e. GRADING - EROSION CONTROL PHASE s 7. GRADING - EROSION CONTROL PHASE 4 S. FINAL GRADING / CLOSURE PLAN 9. CROSS-SECTIONS A -A TO F -F 10. CROSS-SECTIONS G -G TO 1-I I1. DETAILS 12. SURVEY f=t'b Y N f H *._e -U.@ uIY"�n � Ir f[ �h.flln QN'/! ' I N N E 9 0 T A+ SITES` VA An re k k NF N Hk et fik C IIEII b Ep H M `46 (YEf 81 EE EEk Z NC � 1S r .F •� K y1,El.b � ,� � YY ■ M• E2 O �I•J r S 1 ' MI rp,'• 1. 6. Nido� ^11E i. ill , 4Es+io' OEIN W�1. SURVEYOR: E.G. Rud & Sons, Inc. 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 651-361-8200 Q / i 111n I1 1 / 1;i i //////q/ ii/� IN I / \•i i ari�'j'l .i ,i :'-\` //,,'\\ ,/ / i /�'/4lmall 11 // ii/i ','^ 1 1 / e _ / //l� \,-, i ., 11 , CJ / / / 1 1 \♦ 11,--_'�'ii�lil/\\\ I i \ \–// 1� '_ ,\ �'',�'/ r/l // /' 1'- \t1 1 \ i - / �' 1 " t 1 ill\ \`�`� I l\\_ \ .,A \ I�i. \ 1 ^\\)�/1/' \�' R as � °�'O•vee-_ 11111 I s •i �` ;✓ > ------ ------ AN N `_If bol // i'/ ice, -^1 l \ / :` --' ` -•-- _ \ I –_�' / i _ NN � i\ 11 111111\ 8 1191"X3 / If -,i if le i � /I �� --- /- \�' R as � °�'O•vee-_ �/ // ___ ------ � i\ 11 111111\ / I / 11 1l1,ll \ if i i / l l /''i/�/ /�Il/''ii, // l /, j;?/iG/,/iI \ \ /11,11- // 1/11l \�11 //4//l �C 111j111\\\ `�--'�'(t /if I If I -- • iii i i \`� � `<-s %'" i\-__;__ __ _ i. \/ , i s> Z �, \\ •�\ �. � /�`` \, �/ 1 11 moi• ij i / i',' /jl 1 //�i� i`\ /-- t /' i ``� (' • / 1 I I 1 r,'/I / If N 1315 ® \ \11� 930.4 x b �\ \ o 917:9 X 919a � ! 1.77C ES � 8457---30 B3 \ \ \ ` 3 � , J I / Boring Locations ! x \ 969.1 (� \ \ \ I ! ( are Approximate. I� X 91" Existing Topography, Supplied by Others �� 1 STORM WATER BASIN x 91&7 I 1 � 917.7 1 ---� \ I \\ r 924 I X LU Svz 4 4v /Ile / / � t PHASE 2 / Boring Locations are Approximate. / vele uJeurn n Existing Apogr 247/ ; ,.= \ a J •� �� / I Supplied b Pfd nin f192400 x 915A _ \ � r 878 B,"- B) B 1 i �f�x `\10 '� / ! / 1 1 B17 •"'• \ \ \ f / I 1 / � i3 � ` " ' ' 9 I 920. f 1 otiiqg Locati 816 re Apgroxim isting Topog h S plied by s V_-�����„-_� rte► '�" �" ipSV / yr. / f sS6\ACRV-SrF - � '1 f` �; SAN �` ,` ,\ pp �� Hre�i►nira�i yS 2 s \ / 0 y 919.0 9X4 x PHASE 4 �\ \ I(ES ring Locations I / � �g.\ •� \ \ \ \ 9 g`8 LwcpmS -I-/_ i �9 Ie Appro�iinate. 0tiW Topography '. ��s �� �\ I I 1plied by Others "9240\ \ PHASE 2 x eye PWA�E 13 -�. o ellfroarf / ` .__ / / ® 1 ) ) PH)kSE 21 I uliut Minim Site - Otsego" ?0_ EROSION'CONTROL PLAN W H 1191HXa \\ 8782— tl 11 -Z1 \ \.. Jd \ / /♦i\ IToo 8457-3 s 3 1 I JI j Boring Locations 1I�. I I I are Approximate. T p Exipplied opograis fJ � 1 \ \\\ �\\\\\\ \ \\ �� \ \\ \ \ \ 1 1 \ \ 1 �� Supplied by ou,ers -- 1�__- W e vel A m ow Ihis lire d 9W er Bon 15 Section D -D G.M—G— f 1181HX3 S 8 5 e b 3 O U U f 1181HX3 lex solidgrouENGINEnd aass� � NF+w� ��e��d� _ f�Rl[A�d°,1895"•• RIL9BRAM COWIRICIIONOrA OLTFENM Solid Ground Deveto ment .IAN 2 4 2007 Preliminary CLIENT NAME Eagle Trucking Inc./Frattalone PROJECT Pouliot Mining Site - Otsego, MN DETAILS SHEET NO. PRELIMINARY CERTIFICATE for— EAGLE TRUCKING BUILDING DETAIL SCALE 1" - 50' OF SURVEY ,-67TH slaffr � _ I ,—.�ninnn me�n.w _ ____________1 - •. NDin 77 I I y I I b � 1 ,�I /'-a".iewv.l. enillyQb � �w S I Q,x ;r I I y� I li - I I faun I N __ nsry awa e.+�...� ;: ,� •,r a.nsax.n w, ,M�l a� 0.T' 8ni.!I �,.• NOTES VICINITY MAP Md wnaY ver ca plrlyd DY [.G R d d Sa Ino a 12 JN6 t �Q II I OATS: Dec 1a, 2006 -1— DIM 111E NAME: (16.0) 5:\rad\CAO\O6prpl\066426,\066643E,.dv J NO SCALE PARCEL BESCRIFMN N• Inw,l —1-1 Inr 6aulnneal Ovale, d Inr n Invert ndl e! IM Saw1 we/rrl„° n anon rrawbr el a avnmr Ivr S ,•,. I �' I 2.a reel of In i feeN 21.00 Iw1 °! rna Wwl pelf el IM Soufnxerl Ov°-Iw of 6erlbn rv. ern b IIT Pa6r IJ. Wgn1 LwnrY. N nrwlo. f" °aa^R^w^ a a °I Y fh up"Im. 01 y�� �e I IL, ne Gov —1 I« el IM Rafnmf pm'1• el Saclbn 19. Teenwb 121, 2J. WMI Leunlh YN+ewre. yyr EEI� 5i I�y�`` ” � • averts "oW rD"RrW+ raw As IA6[ICD _fie, I No-u.e.l Gale. n, s,clan Iv. ( i xwrzs APOR NnvwrR+ sn. NAmrcD RISC ersm +e:awa r2f, purge iJ.lg"+I'Icnan,°ih•NIM eve ° 0 OCwrz6 vNRil+ LpAlly LA61 NM M"RRIFR+ aro ,.� Ini r i I �MY66Y c�l'ly Mpl yapvnn Hort w<pprm a eer my elrect aupervwon tool I dm MIY Rp161ae0 L Surveys uneer _ - ' i^'• I aq° I p o /I _ eve eym,'n''w I I o III, �. ROO 8 SONS, INC. Professional Land Surveyors u57Nc �C/ °a --- Lk— "° 41578 GRAPHIC SCALE _ g•• �8-5'� 6776 Lake Drive NE, Suite 110 Q Lino Lakes, MN 55014 1.1.(651)361-8200 Fa6(651)361-8701 I OATS: Dec 1a, 2006 -1— DIM 111E NAME: (16.0) 5:\rad\CAO\O6prpl\066426,\066643E,.dv J Review No. 3 Hakanson Anderson Assoc., Inc. ENGINEERING REVIEW Mining Permit for the City of Otsego by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney John Huber, Eagle Trucking, Inc. Frattalone Companies Jeff Bock, P.E. Solid Ground Engineering Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, E.I.T. Date: February 1, 2007 Proposed Development: Mining Permit #8 Street Location The west Y2 of the southwest % of Section 25, T121 N, R23 and a of Property: portion of the northwest % of the southwest % Section 25, T121 N, R23. North of 83`d Street, west of Mason Avenue, and south of 87tH Street. Applicant: Eagle Trucking, Inc. Frattalone Companies 20920 Forest Road N. and 3205 Spruce Street Forest Lake, MN 55025 St. Paul, MN 55117 Developer: Eagle Trucking and Frattalone Companies Owners of Record: Randal T. Pouliot 8457 Mason Avenue NE Otsego, MN 55330 Purpose: Mining approx. 765,000 cubic yards of sand & gravel from the site to be used as an economical source in future construction projects. Jurisdictional Agencies: City of Otsego, Wright County, and Minnesota Department of (but not limited to) Natural Resources, Minnesota Pollution Control Agency Permits Required: NPDES (but not limited to) TABLE OF CONTENTS INFORMATION AVAILABLE EXCAVATION PERMIT SUMMARY Plan of Operation Haul Routes and Traffic Control Erosion Control Dust Control Wind Erosion Control Drainage Control Plan Street sweeping and spill clean up Proposed Land Use Sieve Analysis Soil Borings CONSTRUCTION PLANS Title Sheet Existing Conditions Site Plan Grading and Erosion Control Plans Final Grading/Closure Plan Cross -Sections Details Preliminary Certificate of Survey OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION Basis for Approval CADocuments and Settings\Tami\l.ocal Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 2 of 9 Basis for Denial CADocuments and Settings\Tamilocal Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 3 of 9 INFORMATION AVAILABLE Excavation Permit Summary, 1/22/07 revision, by Solid Ground Engineering Sieve Analysis for Frattalone Companies (mislabeled Gateway North), dated 8/10/06, by Braun I ntertec Pouliot Mining Site Plans for Eagle Trucking and Frattalone Companies, 1/24/07, by Solid Ground Engineering Soil Borings for Randy Pouliot, dated 11/15/04 City of Otsego Zoning Ordinance Chapter 24 City of Otsego Comprehensive Plan City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 CADocuments and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 4 of 9 Excavation Permit Summary The narrative shall refer to the project as the "Pouloit Gravel Mining Application - Conditional Use Permit". It shall also reference City of Otsego, Mining Permit #8. The signature of the narrative's peparer is also required. Plan of Operation The "Total Material" column in the table is unclear. Please re -label this column "Total material per day (cu.yds)". Please indicate the assumed quantity that is to be hauled per truck. It appears that the average truck load is 18 cu.yds. It would be helpful to list the types of trucks expected to be used and the capacity of each truck. Haul Routes and Traffic Control No comment. Erosion Control Pending approval of Mining Permit #8, the developers engineer will provide the required NPDES permit. The SWPPP developed for compliance with the NPDES permit shall also be submitted to the City of Otsego for review. (Please see Engineering Review #2, dated 12/19/06 for comments to be addressed pending approval of the City Council) Dust Control No comment. Wind Erosion Control This section is missing. Please include in narration. It is anticipated the applicant will used the same methods used for dust control for wind erosion (water and calcium chloride). Drainage Control Plan Describe the reason or purpose of the storm water basins. The hydrology report submitted with previous applications is no longer valid and must be resubmitted. (See Other Considerations comments #1 & #2) Street sweeping and spill clean up No comment. Proposed Land Use No comment. CADocuments and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 5 of 9 Sieve Analysis No comment. Soil Borings Include the soil boring report in the narrative to show the water table depth. Also identify the name of the company (including contact information) that performed the soil borings. CONSTRUCTION PLANS Title Sheet Include a north arrow for both area maps. 2. The engineer's signature is required. 3. The names of the landowners north of 87th Street, East of Mason Avenue, and South of 83rd Street are required. The existing zoning of the site and surrounding properties shall be labeled on the title sheet or on the existing conditions sheet. 4. Include the revision dates of all plan submittals in the title block. (11/16/06, 12!7/06, and 1/24/07) Existing Conditions See Title Sheet comment #4. 2. A bar scale is required. 3. All wetlands in or within 100' of the sites boundaries shall be delineated and the delineated wetland edges shall be depicted on the proposed grading plans. Due to the time of the year, wetland delineation cannot take place. Pending approval of the project the wetlands will need to be delineated in the spring of 2007. 4. All utilities within 150' of the project boundaries shall be depicted. Pipe size, type, and invert elevations are required for all storm sewer culverts. Above ground lines such as power poles and lines, telephone poles and lines, etc. shall also be depicted 6. Bearings and distances shall be included for all boundary lines. List the total acreage. 7. The distinction between boundary lines is unclear. Please revise. 8. The 2003 Otsego Creek Study lists the normal water level (NWL) of the creek between 83rd Street and 87th Street at approximately 910.5. The 100 -yr high water level (HWL) at this location is approximately 916.8. CADocuments and Settings\TarnRLOcal Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 6 of 9 9. Identify all rights -of -ways and easements within 350' of the site. Site Plan A bar scale is required. 2. Depict the gate and fence near the entrance to the site. 3. Remove note "Existing Topography Supplied by Others". 4. Depict the existing houses, structures and driveways on the Pouliot property and on the adjacent properties. 5. Depict the phase lines. 6. Depict Otsego Creek. 7. A traffic control plan is required. We suggest depicting the traffic control on the overall site plan. The traffic plan shall include the following information: a. The surrounding road right-of-way, gravel and /or asphalt widths. b. The location and type of traffic control signs and devises. C. Details of the traffic control signs and devises. d. Notes referencing the Mn/MUTCD. Grading and Erosion Control Plan- Phase 1 thru 4 (Sheet 4-7) 1. A bar scale is required for all sheets. 2. Include the NWL and 100 -yr HWL of Otsego Creek (910.5 and 916.8 respectively). 3. Per Minnesota's NPDES general stormwater permit for construction activity, temporary sedimentation basins are required and shall be designed according to the requirements outlined in Part III.B.1-5 of the NPDES permit when 10 acres or more are disturbed. All phases of the mining operation are proposed to be less than 10 acres. The subsequent phase is not proposed to start until the preceding phase has been restored. Therefore the only condition the temporary sedimentation basins must meet is that the post -mining (and during) offsite runoff flow rates are equal to or less than the pre -mining offsite flow rates. The hydrology report must be updated and resubmitted. 4. All wetlands in or within 100' of the sites boundaries shall be delineated. The delineated wetland edges and their NWL and HWL elevations shall be depicted on the proposed grading plan. Pending approval of Mining Permit #8 the wetlands will need to be delineated in the spring of 2007. 5. An overall grading plan, depicting the phases would be helpful. C:\Documents and Settings\TarnALocal Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 7 of 9 6. Label the areas that will have silt fence and erosion blanket installed. 7. Pending approval of Mining Permit #8 a NPDES permit and SWPPP shall be completed. Final Grade/Closure Plan A bar scale is required. 2. Soil borings B1A, B2A, B3A, and 134A are not in the soils report. 3. A note that all silt fence, gates/fencing, construction haul roads, structures, etc. will be removed and that all disturbed areas will be seeded and restored at the end of the project is needed. 4. Depict the boundary lines more clearly. 5. Removing the existing contours from areas that are being regraded would be helpful. Cross -Sections Depict a horizontal scale for each cross-section. 2. Depict landmarks such as the property lines, Otsego Creek, Mason Avenue, and the Pouliot house. Details A detail of the sedimentation basin(s) is required. 2. A detail of the Fiber Blanket is required. Preliminary Certificate of Survey 1. No comments. OTHER CONSIDERATIONS 1. The hydrology report dated 8/30/06 is invalid. The model only has 5 acres flowing to the proposed sedimentation ponds. It appears that approximately 15 acres will flow to the south temporary sedimentation basin and 30 acres to the north basin. An existing and proposed models shall developed and a drainage area map shall be submitted with the hydrology report. 2. The City of Otsego requires the use of the following rainfall quantities to be used for calculating storm water needs: 2.5" (NURP), 2.7" (2 -yr), 4.10" (10 -yr), and 5.85' (100 -yr) 24 -hr rains. The pre -mining and post -mining flows shall be modeled and compared for each storm event. The post -mining offsite flow rates shall be equal or less than the pre - mining offsite flow rates. CADocuments and Settings\TarnALocal Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 8 of 9 3. Please provide copies of comment letters from Mn/DNR, MPCA and all other applicable agencies. 4. Photographs depicting the following: Existing On-site conditions, site perimeter and adjacent properties, downstream drainage facilities, and site access and accessed roadways. 5. A written right -of -entry which cannot be terminated for one year after anticipated closure date to the city for its officers or agents to enter the land must be included with signatures by owner/applicants. SUMMARY AND/OR RECOMMENDATION Possible Criteria for Approval The speed limit of all truck traffic is reduced to 40 mph. Approximately 67% less stopping distance is needed by reducing the speed limit from 55 mph to 40 mph. Reaction time is also increased by approximately 50%. 2. Require the applicant to place a Letter of Credit in the amount of $161,000.00 for damage to road (Bituminous Patching and 1 Y2" Bituminous Overlay). 3. Operating hours are restricted to 7:00 am to 5:00 pm, Monday through Friday to minimize adjacent area resident's exposure to noise and light and dust pollution. 4. The applicant creates internal haul road(s) to future Maciver Avenue route to 80th Street or CSAH 39. 5. The applicant paves larger radii at the intersections of Mason and CSAH 39 and at Mason and 83rd as determined by the City Engineer to accommodate the larger turning radii of the tractor -trailer trucks. 6. Require the applicant to place an escrow in the amount of $10,000 for sweeping of dust on city roadways with the haul routes. Daily sweeping of Mason Avenue from 500' north of 83rd Street to 83rd Street, 83rd Street from Mason Avenue to Marlowe Avenue, Marlowe Avenue from 83rd Street to 80th Street, 80th Street from Marlowe Avenue to Maciver Avenue, and Maciver Avenue from 80th Street to 78th Street. Additional sweeping maybe required at the City Engineer's discretion. Pending approval all of the comments within the Engineering Review shall be addressed. CADocuments and Settings\TarnALocal Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 9 of 9 Possible Basis for Denial Safety of existing road sections a. Insufficient shoulder widths for the posted speeds along Mason Avenue, Marlowe Avenue, and 83`d Street. b. Ditch slopes are too steep for posted speeds along Mason Avenue, Marlowe Avenue, and 83`d Street. C. Insufficient turning radii for tractor -trailers at the intersections of 83`d and Mason and at Mason and CSAH 39. Department of Transportaion State Aid for Local Transportaion Division State -Aid Operations Chapter 8820 Reprinted: December 2004 C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 10 of 9 Projected ADT Lane Width ft Shoulder Width ft In -slope rise:run Design Speed (mph) Design Strength tons State Aid 150-749 12 4 1:4 40-60 9 State Aid 750-1499 12 4 1:4 40-60 9 83rd Street (paved) 150-749 12 1 1:3 55 9 83rd Street ravel 150-749 12 3 1:4 55 n/a Mason Avenue 150-749 12 1 1:2 55 9 Marlowe Avenue 150-749 12 1 1:3 55 9 80th Street 150-749 12 2 n/a 40 9 Maciver Avenue 750-1499 12 11 n/a 40 9 C:\Documents and Settings\Tami\Local Settings\Temporary Internet Files\Content.IE5\QMYIS4NP\ot903MP#8 RVW3(2).doc Page 10 of 9 Petition For Environmental Assessment Worksheet Project Proposed by: Eagle Trucking 20920 Forest Road N Forest Lake, MN 55025 And Frattalone Companies 3205 Spruce Street St. Paul, MN 55117 Local Government: City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330 763-441-4414 REQUEST FOR EAW: Project Description: Eagle Trucking of Forest Lake, MN has submitted plans for excavation of gravel from a rural residential property in Wright County, the city of Otsego, and is located NW of Mason Ave. and 83`d St. The Property is owned and currently farmed by Randy and Karen Pouliot. Initial request for CUP is to mine 1.1 million yards of sand and gravel from just under 40 acres of land. The land would be excavated in four ten acre increments over a time period of 3 to 10 years. That time period has yet to be determined. Natural features include Otsego Creek, a Mississippi tributary, which runs through the proposed excavation area. The city of Otsego has not yet required an EAW for this project. However, a large number of concerned citizens and the Elk River area school district feel it is necessary for the following reasons. Environmental Effects: 1. Potential groundwater/ stream contamination: The desired product from this mine site is class 5 gravel for road construction. The site would include crushing and washing to produce an adequate class 5. Excavation depth could approach water table and silt ponds would be dug. See table levels for local wells and grading plan on pages 2-4. The Otsego creek area affected is less than a mile from the Mississippi river in the center of several low to medium density housing developments. See attached grading plan and site maps pages 4-7. 2. Nesting Trumpeter Swan habitat in wetland next to pro sed truck route would be severely affected with the application of calcium chlori a as dust control on a narrow gravel road. Calcium chloride also kills invertebrates the swans feed on. Heavy truck traffic would be less than 75 feet from the nesting area. See photos on page 8. 3. Dump trucks in large numbers traveling on narrow gravel and paved roads without shoulders through residential neighborhoods from 7:00 AM to 7:00 PM Monday thru Friday and Saturdays 8:00 AM to 5:00 PM. There are no plans to improve these roads if this project is approved. See supporting evidence for traffic analysis and photos on pages 9-10. 4. Air quality affected by presence of silica dust and diesel fumes created during hours of operation. Crystalline silica dust will be created continuously from the crushing equipment on site and movement of hundreds of trucks through the mining area. This dusty environment will be windblown to residential areas and a proposed school adjacent to the mine. The effects of high silicone levels on young lungs will be evident much sooner than for adults. See pages 11-12; air quality documentation. 5. Proposed elementary school construction on land adjacent to mining site. The Elk River school district purchased 80 acres of adjacent land long before this mine was proposed. The construction of this school is now in jeopardy due to safety and health issues. This area is not an appropriate setting for a gravel pit. See school district letter and newspaper articles on pages 13-17. 6. Excessive noise levels from an on site crusher, loaders and the large number of trucks entering and leaving the pit. Noise levels can be a public nuisance. See MN statute 561.01 on page 18. �a��- t MAC'S WELL & PUMP SERVICE 8507 Nashua Ave. NE Elk River, MN 55330 763-441-2862 TO WHOM IT MAY CONCERN: WELLS AND DEPTHS OF WELLS PLUS WATER STAND LEVELS ON MASON AVENUE AND SURROUNDING AREA IN OTSEGO, MN 1. Joel Kolles 8925 Mason Ave. 84 ft. depth with level 22 ft. 2. Mike Brown 8834 Mason Ave. 97 ft. depth with level 23 ft. 3. Steve Kopp 8790 Mason Ave. 75 ft. depth with level 22 ft. 4. Joel & Katie Keene 8982 Mason Ave. 43 ft. depth with level 21 ft. 5. Dan Brekke 8991 Mason Ave. 89 ft. depth with level 24 ft. 6. Arnell Beckman 9018 Mason Ave. 87 ft. depth with level 23 ft. 7. Dennis Dahleheimer 8856 Mason Ave. 75 ft. depth with level 22 ft. 8. Edwin Specht 8740 Mason Ave. 93 ft. depth with level 25 ft. 9. Joseph DeMars 8592 Mason Ave. 75 ft. depth with level 22 ft. 10. Bruce Haugo 8748 Mason Ave. 106 ft. depth with level 28 ft. 11. Randy Carron 12860 NE 83`d St. 88 ft. depth with level 26 ft. 12. Craig Venstra 12862 NE 83`d St. 93 ft. depth with level 24 ft. 13. Dennis McAlpine 8507 Nashua Ave. NE 84 ft. depth with level 28 ft. 14. Adam Gislason 8511 Nashua Ave. NE 85 ft. depth with level 28 ft. PREPARED BY DENNIS MCALPINE, MAC'S WELL AND PUMP SERVICE 01/20/2007 SOME DEPTHS AND WATER STAND LEVELS ARE ESTIMATES - BUT ALL ARE CLOSE TO EXACT ACCORDING TO RECORDED FILES AND MEMORY DIRECT ANY QUESTIONS TO DENNIS MCALPINE 763-439-5651 / 763-441-2862 /-:0- BAL--" y50 i W C/z0 LO '7? lam' ek)/ �!�/ N, SWOUFAVA BASH PHASE t v" juqu v _N N 111ll /ZItj 11 r %\ I N V_ \E] It I /I/ J/1 1/114 0 NPH4,�E: N 771CIMS 8457-30 w j1 k% Boril;L�tioM. a, p e \\\\ \ 0 ire pp ,xi Existiml; Topography II Supplied by Od STQ01 WATUt BASM N, N., 4 V Preliminary Not For Construction Solid Gro.. j Develope-1 DEC 7 2006 40 oilo AREA MA' OWNER: Randal T. Pouliot 8457 Mason Avenue NE Otsego, MN 55330 APPLICANTS: Eagle Trucking, Inc. 20920 Forest Road N Forest Lake, MN 55025 and Frattalone Companies 3205 Spruce Street St. Paul, MN 55117 GEOTECHNICIAL ENGINEER: Braun Intertec 1826 Buerkle Road St. Paul, MN 55110 CIVIL ENGINEER Solid Ground Engineering, LLC 4756 Banning Avenue, Suite 206 White Bear Lake, MN 55110 (�.,s• a Solid Ground v• _?�: �.`.-Li°.� ^«; �;�':, aL�:v:�.,. bevel ment DEC 7 2006 *** MAP NOT TO SCALE NORTH T to Cty Rd 19 to Cty Rd 39 wz w . I 87th STREET NE I i PROPOSED GRAVEL PIT PROPOSED ELEMENTARY SCHOOL 80th STREET NE z w > Q o' LU U Q to Cty Road 37 and 1-94 83rd SIRE NE to Cty Rd 391 &Qd W1 z w Q Q V) Q z 85th ST GOLF COURSE FOR MORE INFORMATION CONTACT: BEN BASTYR: 763-441-4068 CITY OF OTSEGO: 763-441-4414 PLANNING COMMISSION MEMBERS: Richard Nichols - Chair: 763-441-2052 MAYOR: David Thompson: 763-241-8612 Larry Fournier: 763-441-1240 Jim Kolles: 763-441-6308 Pam Black: 763-441-5255 COUNCIL MEMBERS: Doug Hackman: 763-274-1707 Vern Heidner: 763-241-0651 Tamara Fallon: 763-274-2449 Cell: 763-229-4650 Tom Darkenwald: 763-441-8242 Jessica Stockamp: 763-441-0020 Troy Watring (1St Alternate): 763-441-1369 Mark Thorsted: 763-241-7344 John Thelen (2nd Alernate): 763-295-7795 Cell: 763-300-7575 Vern Heidner (Council Rep) OUTGOING: Dan Sharber 763-441-2991 Mark Thorsted (Alt Rep) INCOMING: Tom Darkenwald 763-441-8242 5 N 5n fir✓— G.A.0It � _. a Proposed Gravel Pit Traffic Analysis From 83"' and Mason Ave NE to Hwy 101 and Cty. Rd 36 it takes 12 minutes one way. If it takes 12 min. there and 12 min. back plus 10 min. to get loaded and dumped = 34 min. rounds. This equals 1.76 rounds per hour per truck. A complete round which consists of loading at point A driving to and dumping at point B and returning to load at point A = 2 times traveling on Mason. (60 minutes / 34 min. rounds = 1.76 rds/hr/truck) Operating hours of 7 a.m. to 5 p.m. will give the truck 17.6 rounds per day. (1.76 rounds per hour x 10 hrs. = 17.6 rounds per day per truck) Rds/day/truck 6; Two trips per round on Mason 2 'Trips/day/truck-on Mason 35.2 i If 5 tricks are used/ day _. _ _ 1761 trips per day down Mason Ave._ . __- _ ------- (5 trucks x 35.2 trips/day/truck) _ 10 hr days x 60 minutes der hour = 1,600 minutes/ 176 trips = 1 tnwk on the road every 3.4 minutes ---- __.._ If 10 trucks are used /day -._ __ _ ..... .. 3521,trips per day down Mason Ave. ._.. _. _..__ _ __ __ . ___ ___ . X10 trucks x 35.2 trips/dad/truck) __._._.____.__.__.__.__.. 10 hr. days x 60 minutes perhour = _ 600 minutes/ 352 1 truck on the road every 1.7 minutes _ _ _ ------ If 15 trucks are used/ day -- - - -- _ - - - -- — -- 5281trips per day down Mason Ave. (15 trucks x 35.2 trips/day/truck) T __._----_--. ..__.__. __.__ - __ 10 hr. days x 60 minutes per hour = --_ 600 minute s/ 528 1 truck on the road every 1.1 minutes ......... .... - _ ...... ... ____....... __...- _-____....._L.__-.-.____.� t + This would be in addition to the heavy trucks (cement, low boys, dumps etc.) already traveling on Mason Ave. due to the Martin Farms development which the city seems unable to control. 1/2/2007 jmk T8 Yahoo! Mail - b_bastyrgayahoo.com Page 1 of 2 From: "MICHAEL A RODEN" <maglroden@msn.com> r•}- Add to Address Book Add Mobile Alert o: b_bastyr@yahoo.com Subject: Fw: gravel mining in a rural residential area -health concerns Date: Tue, 16 ]an 2007 15:03:50 -0600 ----- Original Message ----- From: MICHAEL A RODEN To: cdcinfo@cdc.gov Sent: Tuesday, January 16, 2007 12:23 PM Subject: gravel mining in a rural residential area -health concerns Plans for excavation of gravel from a rural residential property in Wright County, the city of Otsego ,iocated NW of Mason Ave. and 83rd Street, were submitted by Eagle Trucking of Forest Lake_ , Mn. The area borders 83rd street N.E., Mason Avenue N.E. 87th street NE and Nashua Avenue. This area is residential. The proposed trucking route will run parallel to the bike path to Otsego Praire Park. I am an RN and am outraged by the health consequences that might follow if this were to proceed. My information came from the internet with references below. My concerns are as follows: L silicosis: t Crystalline silica is a mineral of gravel, sand. It is present in dust particles so small you cannot see them floating in the air. These tiny particles stay suspended in air for longer periods of time, they are easier to inhale deep inside one's lungs. They can be absorbed into the bloodstream and remain for a long period of time. Health problems begin as the body reacts to these foreign particles. The body's ability to fight infections is reduced. Silicosis cannot be cured. It is preventable. licosis results in lung fibrosis and emphysema. Lymph node involvement is prominent in silicosis. Nodules corm from the silica deposits. Hardening and death of the lung tissue follows -progressive massive fibrosis (PMF) COPD -an eggshell honeycomb pattern is seen in the alveolar sacs. This can lead to heart failure-cor pulmonale. We may see an increase in the number and severity of asthma attacks. People with pre-existing lung conditions will be at an increased risk. A frequent cause of death is pulmonary tuberculosis. Silica is believed to interfere with the body's immune response to bacteria that causes TB. In both the lungs and brain, inhaled silicates cause an actual transformation of the lung or brain tissue that makes it extemely difficult for the organs to function correctly. Research has shown there is a definite connection between inhaled silica materials and Alzheimer's disease. Inhaled crystalline silica is a Group 1 human lung carcinogen. Acute silicosis may develop within 6 months to 2 years following exposure. Silica dust can travel long distances in the air and affect populations not otherwise at risk. Lung cancer has a poor prognosis: the 5 years survival rate is less than 14%. 2. Diesel exhaust. ,The trucks are scheduled to run 7 am -7 pm Mon -Fri and 7 am -5 pm on Sat. Diesel exhaust is a complex mixture comprised of hazardous particles and vapors, some of which are known to cause cancer. Benzene chlorine, formaldehyde and arsenic to name a few. (please refer to :http://www.nrdc.org/air/transportation/egd/chap2.asp) ie particles from diesel exhaust aggravate respiratory illnesses such as bronchitis, emphysema and asthma and are associated with premature deaths from cardio -pulmonary disorders. Studies have shown that diesel http://us.f3 70.mail.yahoo.com/ym/ShowLetter?Msgld=4440_0_22_ 1971 _53 76_0_950_ 16409_34668211... 1/17/2007 Yahoo! Mail - b bastyr(ayahoo.com Page 2 of 2 -xhaust causes mutations in chromosomes and damage to the DNA, proceses which are believed to be nportant in causing cancer. Sudies have shown an approximately 30% increase in the risk of lung cancer among diesel exposed workers and also an association to developing bladder cancer. Children are more susceptible than adults because they breathe faster and their lungs are still developing. Children take in more air per unit body weight than do adults. When a child is exercising they may take in 20- 50% more air and air pollution. Children spend more time outside than do adults. Wind increases the dispertion of dust. We have a flat terrain. The city of Otsego made a hill at the park where the children may slide. Other concerns: 1. There is a lack of primary preventive measures: control of dust generation and release into the air and respiratory protection. 2. Shortcomings in legislation, inspection and enforcement. 3. Resources will need to be allocated to deal with the consequences of harmful exposure rather than to its prevention. I can see Class Actions suits arising for compensation for needing respiratory care and equipment, a lung transplant, medical assistance due to inability to work and or function, cancer care and treatment... Our children are our most valuble resource. We are putting them at risk. We are contaminating our air if this procedes. All will suffer. Your help will be greatly appreciated. Thank you. Our mayor is: Larry Fournier. Email: cityhall@ci. Otsego.mn.us incerely, parol M. Roden 8665Nashua Ave. N.E. Elk River, Mn. 55330 -------------------------------------------------------------------------------------------------- References: http:1J�atbLhsw5m54.ucsf.edu/case2O/silicosis.htmi http://www.nlm.nih_gov/medlineplus/encu/article/000134.htm http.!Lwww.savethemountains.ora/health. html http_//64.233,167.104 search?a=cache:UD-15EaHhIJ_:wwwdemocrats.reform.house.gov/... htt en.w Jpedia.orwiki Hicosis htt�lLww.cdc. ov nioshLsilfacti.htm_I htt:J1_w.ww.cdc go�elcosh/docsLd02001d0002911d000291,html httpmmwr/preNoiew/mmwrhtml/mm5416a2.htm mm5416a2.htm htttp : //www. cdc. ctovLiosh92--102. htm I http_://www.lungus_a_.or site apps/scontent.asp?c=dvLUK900E&b=34706ct=3052555 httpJ/marooclinic.com/health interstitial-luno-disease/DS00592 DSECTION=1&3_ htt"mayocl_inic,comthealthulmonarv-fibrosistA_N00275 http://us.f370.mail.yahoo.com/ym/ShowLetter?Msgld=4440 0 22 1971 5376 0 950 16409 34668211... 1/17/2007 Independent School District 728 ADMINISTRATION OFFICES 815 Highway 10 Dr. Mark R. Bezek Elk River, MN 55330 Superintendent of Schools (763) 241-3400 Fax (763) 241-3407 January 18, 2007 GRAVEL PIT AND SITE FOR NEW SCHOOL IN OTSEGO Background Elk River Area Schools presently has a site for building a new school in Otsego. Recently there has been some discussion related to the development and operation of a gravel pit in close proximity to the school site. If the gravel pit operation proceeds, there would be significant concerns related to environmental, health and safety issues for residents, and children occupying the new school. The following document summarizes the major concerns and delineates the next steps for the Elk River Area Schools. Concerns Gravel pits and similar mining operations can lead to significant Environmental, Health and Safety concerns. These include: - Dust and diesel exhaust pollution, as well as excessive noise, which can lead to physical and mental health hazards. - Concern regarding lowering of the water table, reducing supplies of healthy potable water. - Exposure to fine particulate matter, ozone and high levels of toxic air pollutants. - Dangers to children who will be drawn to this mining operation. Kids have died in gravel pits. - Dangers of heavy trucks operating close to the school. - Concern by neighbors that industrialization of a residential area will egregiously damage the tranquility of the area, and the residents' ability to peacefully enjoy their property. - Concern about negative impact on property values. Page Two January 18, 2007 Next Steps Due to these concerns and the Environmental Protection Agency's recommendations regarding site selection of schools, and concerns about Indoor Air Quality (EPA's- IAQ Design Tools For Schools) it is important that the school district consider it's own due diligence. This would involve the following next steps: - Meet with the city planning commission to determine the present status of the Gravel Pit. - Conduct an environmental, health and safety risk analysis taking into consideration the impact of the gravel pit to the occupants of the new school. - Determine the various engineering controls that can be implemented by the pit operators to reduce hazard risks. - Determine engineering controls (including cost) to be implemented in the new school to reduce exposure. Clearly there areCuAnecdo nj�fof risks sociated with the development of a gravel pit adjacent to a sc. tal in rmation exists that there is potential for increased incidence of ast a in populati wing close to gravel pits (San Gabriel Valley Tribune). Due to hese pot ial and r 1 concerns it will be important for the district to condr}cs own revs efore proceedin rther. Y r truly, J Ronald Bratlie, Ed.D. Director of Business, Operations and Construction Elk lover, MN 55330 • hol.130, No. 2 - 81.00.763-441-3500 • www.erstarnexvs.coni Check out the Star News 1, bridal section for wedding • January 10, 2007 - ELK RIVER DAYTON OTSEGO RANISEY ROGERS E�iver s success lal sk team and its coach gel innovative. ■ 6 ZIMMERMAN Proposed gravel pit rocks residents, school district 111 Almost 70 residents turned out for Otsego Planning Commission meeting to express concern as city considers proposal from Eagle Trucking of Forest Lake to mine 1.1 million yards of sand, gravel :)y Bob Grawey posed gravel pit site, and is Staff writer close to the proposed school. Nearly 70 residents turned "It's hard for me to imagine rat for a Jan. 2 Otsego Plan- with a school coming right ling Commission meeting to next to it, that this isn't being bice strong objections over taken into consideration," Ba- r proposed gravel pit. High styr says. "That might break ;ruck traffic volumes, safety the deal to have a school cn narrow roads, heavy dust there, and Otsego schools are ssues and noise pollution are in such bad shape." among the biggest concerns Bastyr teaches piano, and -esidents have. says one of her fourth-grade Eagle Trucking out of Forest students has 35 kids in her ..ake has applied for a special classroom. She feels the grav- ise permit that would allow el pit could delay construction t to inine 1.1 million ,yards of of a new elementary school, :and and gravel from a site causing further overcrowding )ordering 83rd Street NE, in the school system. Even vlason Avenue NE and 87th if the school does go ahead itreet NE. The site is also with construction, it would next to the proposed site of be more costly to build, she t future elementary school says, because of the need for )tsego badly needs for its an air purification system to ;crowing student population. counter dust generated from Bea Bastyr's home on 87th the nearby gravel pit. itreet NE borders the pro- Safety issues are a concern if school children and buses are added to busy gravel pit traf- fic. Randy Carstensen lives close by on 80th Street NE, and owns a quad axle dump truck. He cautions about the potential hazards of mixing heavy truck and bus traffic on narrow roads. "How long are the guys in those trucks? They're tired. They're drowsy," Carstensen says. "There is no 15 -minute break to walk away from that truck to stretch or relax, or even to turn it off. You get in that truck at 5 or 5:30 in the morning, and you drive that truck until they are done with you at night." Carstensen feels having heavy trucks hauling all day such as this in a residential area is dangerous because it puts tired truck drivers on the road at the same time buses are taking children home from school. He says the routes Eagle Trucking would use (87th, Mason and Nashua) are all too narrow for this kind of use. "How safe is that situa- tion?" Carstensen wonders. "Is the City Council thinking about that, or are they just trying to rain it through like they want to ram everything through that they want?" But Otsego City Adminis- trator Mike Robertson says the adequacy and the width of the roads Eagle Trucks would have to use is one of the main issues city staff is addressing. The city is wait- ing for additional informa- tion from the trucking com- pany so it can better respond to this and other concerns residents have. One of the options, Robertson says, is to require Eagle Trucking to re- build toads as a condition of granting the application. When asked what Eagle's response would be if Otsego made road repairs a condi- tion of the application, Eagle Trucking Project Manager Butch Belair would not give a definitive answer. Mike Fiedler, a dispatcher, and Butch Belair, a proj- ect manager for Eagle Trucking in Forest Lake, which hopes to mine Otsego for sand and gravel. The problem is serious though, and farmers are not exempt. Floyd Goennen lives on Nashua Avenue NE, and he farms area fields. He said on one occasion his nephew was hauling hay on 83rd Street when a wheel caught in the soft edge of the road, causing him to lose his load Gravel to page 15 '�� a6 Gravel: Proposed mine next to, proposed school site S uc J f✓� of hay. Goennen adds that when he hauls his farm equipment, it Car + Home = BIG SAVINGS See me for Car and Home Insurance and save. Doug Johnson Agcy Inc Doug Johnson, Agent. CLU 370 Jackson Avenue Elk River, MN 55330 Bus: 763-441-2482 (STATE 1ARM l®7 1N® ®E UKEAt,t)ODUElOnORSTATBFAR ItYTHUW P.idhi k, kmwu ..d P—.cW S—ki Saehm-R"ry MEcerema,�.n WINE 030 14-ve you everwondered where aypeoplefit into the order .sings in a Church whose name means thc'Church of Bishons'?- takes up three-fourths of the road. He says if he meets a truck hauling gravel when he is pulling farm machinery, he will just have to sit there. The trucks will have to back up before he does, the farmer contends. "A lot these roads here are your basic rural roads," Rob- ertson says. "They're fairly narrow even if they are paved. They don't have shoul- ders whether they are paved or gravel, and there is a fairly steep drop off." Ron Bratlie agrees with Ba- styr and Carstensen. He is director of special projects for Elk River Area Schools and voiced concerns on behalf of District 728 at the gravel pit hearing. Bratlie said his major con- cern is for the safety of stu- dents, staff and parents be- cause of heavy truck traffic. He also cited noise and air pollution as causes for con- cern. Before leaving the podi- um Bratlie said the concerns are enough of a factor to pos- sibly cause the district to lo- cate the school elsewhere. Robertson says he also told Eagle Trucking the proposed hauling volume was "defi- nitely going to be an issue." For the amount of material Eagle initially proposed to mine from the site, 100 trucks per day would be needed to remove it in the three-year option, according to city en- gineer Ron Wagner's calcu- lations. Eagle claimed only 10 trucks would be used, but Wagner estimates those 10 trucks would need to make 100 trips per day to meet its goal in three years. "The site isn't all that big, so you either have a site that's very short term with a lot of trucks in and out per day," Robertson surmises, "or you have a site that's more long term with a smaller number of trucks out per day_." u� N+ C myR--d 39m Hwy. 101 N Z Q F_ 971h STREET NE % = I �.If rROPOSFD TRUCKS WOULD Prr ENTRANCE FOLLOW PROPOSED ONEWAY ROUTES WM STREET NE -- PROPOSED SCHOOL Silt= NE •A+.P "t m "'k he is concerned about the loader running all day. "You'll constantly hear the roar of that diesel engine over here," he says, "and if there is a crusher, that will be terrible." As for safety concerns, Fiedler claims his company has an exemplary safety re- cord. "Safety is a No. 1 priority with this company," Fiedler states. "It has been for 30 years, and it will continue. We are very particular about who we work with. There are some trucking subcontrac- tors out there we just will not work with because of their safety issues." Checking OSHA safety records verifies that Eagle Trucking has not had any safety issues in the past five years. That is as far back as records are available. One safety conscious measure Ea- gle takes is to replace brakes on all its trucks when they are just half worn. Eagle Trucking also re- quires its drivers to read, sign and comply with a list of safety rules. If a driver does not follow the safety guide- lines, he or she will no longer be allowed to work at that job site: Fiedler further claims an Eagle Trucking representa- 1' size the proposed area of the gravel pit site by 20 acres. Instead of mining 1.1 million yards of material, the com- pany revised its estimates to 750,000 yards. This means the hill and trees the Bastyrs feared might be lost, will not. be affected by any proposed mining activity. "We will not be right up against the property line dig- ging," Fiedler says. "We'll be way beyond the slope away from their house and tree line." The slope Belair says exca- vators have to follow when digging gravel,is a 5 -to -1 ra- tio grade, much like a ditch along a county road. "People I've talked to (resi- dents at the hearing) have this vision of us digging this gravel out of a big pit. All we're doing is hauling the excess material off site for a future development," Belair says. The grade is five feet higher than Mason, so every- thing is going to go uphill. So it's not going to be a gravel pit. It's not going to be a big hole." 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Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance. An action may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered. History: (9580) RL s 4446 http://ros.leg.mn/bin/getpub.php?pubtype=STAT CHAP_SEC&year=2006&section=... 1/17/2007 COMMENTS REGARDING SUPPORTII$G-tVIDENCE: Our primary environmental conce are air quality, noise levels and groundwater contamination in a residential rea. 1. Wind blown silica and diesel exhaust particulates at dangerous levels. 2. Large trucks and mining machinery creating obnoxious noise levels in a school environment and residential area. 3. The water stand is shallow as documented and a fragile part of our environment. We cannot prove that the environment has been damaged by this project at this point obviously. However, we can anticipate that major negative effects on our environment will occur if this project is implemented and a very careful assessment must be made. We cannot allow temporary financial gains to take priority over long term environmental and public health issues. Respectfully submitted, n Ben J. Ba*r, Jr. ; Petftioner2' Representative 12153 — 87`' St. NE Otsego, MN 55330 763-441-4068 4L1"M W ME Petition for Environmental Address City Assesment Worksheet: E -Mail Signature Name Zip r5 3 w 771, /'/�C ✓tl/ �V //J��TV�+(� /fb<<jliy�'Gk( S cS cTJ �i 00/ O r, %�� 6 r� 7 f'�%�izt� �✓� � X53 675330Delig, tiNaAz3� 1 E1-0 060 8?q0 Mason Ne v Oncro - e 'I" Lai, o4 66 W ME Petition for Environmental Assesment Worksheet: Name Address City Zip E -Mail Signature /V�nicc� Ce ori X401 �i�a, �vN� DiSe �3� G��onsa-�nne� m.ne� �ALL N S e s s3 o C Ff ho2< i. Le 8 s t m� m 8�)Ocr0h C("rke,r qyk�b IJAS��xQE ©� 0 J�J 330 ShCkIf or, ©iL -cv A)aS v 5-5330 Paq ry el)IP3 • T ICIAA. IZi67 8 )r S%. ftjC 6) } Sr/\J TSE -Ge 55330 AeSS k(�4t.Ac'� , , RI C -h o'N vart6trAaf (� �S 0 r ��'3 3 p s-Q3o nc.�a�ri. �ldQ�nla1 �(�j V �✓ 9,-v�J�_'� M KLL HLam ) z � � �� 001A �La�jf� �a4t 1) p January 25, 2007 Michael Fiedler Eagle Trucking 20920 Forest Road N Forest Lake, MN 55025 Dear Mr. Fiedler, This letter is sent to inform Eagle Trucking, Frattalone Companies and the City of Otsego that a petition for an Environmental Assessment Worksheet concerning the CUP/ Mining Permit #8 has been filed with the Environmental Quality Board in St. Paul. The city of Otsego has not required that an EAW be completed at this time, however, as concerned citizens we feel that this is an essential element considering the potential impact the project could have on our local environment. The EQB will evaluate the petitions contents and forward the original to the City of Otsego along with their recommendations. This may be done prior to the February 5 Planning Commission meeting. Sincerely, Ben J. Bastyr, Jr. Petitioner's representative 12153 — 87' St. Otsego, MN 55330 763-441-4068 Cc: Frattalone Companies, 3205 Spruce St., St. Paul, MN 55117 Judy Hudson, City Clerk/Zoning Administrator, Otsego City Hall