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CUP 89-11 �� . CITY OF HOPKINS SUPPLEMENTAL DATA FOR CONDITIONAL USE PERMIT Application No. /a�'9-// P . I .D. No �5-1 17- -1 1-0(l01 A. GENERAL DATA �AME OF APPLICANT: Hennepin County Bureau of Public Service he above named individual , firm or corporation hereby respectfully submits the ollouing data in support of the preliminary information provided on the ccompanying Zoning Application Summary Form dated 7-21-89 for the purpose of ecuring a Conditional Use Permit . Nelson Luther D 61 -348-4046 61?-q'�4-17� Contact Person Last Name , First Day Phone No. Evening Phone No . B. PROJECT INFORMATION 1 . Specify the section of the ordinance which applied to this project: 540.03 ? . �.ef narrative description of this request: Permit to allow temporary storage of �ss residues generated by startup operations from the HERC facili�ty in the. salt stora e � � ing ocate in t e main equ�pment an storage yar of the Hennepin County Bureau of u ic ervice maintenance garage at 0 Was ington Ave South, Hopkins 3 . Written justification for request including discussion of hox any potential conflicts With existing nearby land uses will be minimized : See Attachment A � . Check all additional supporting documents and data which are being submitted to help explain this project proposal: [X ] sketch plan , [X ] topographic map , [x] detailed narrative , [ X] operation plans , [X ] engineering plans , [X] flood plain hydraulic analysis , [ ] flood proofing plans and specifications , [ X] other (specify) Zoning Diagram; Land use Diagrams I hereby certify with my signature that all data on my application forms , plans and specifications are true and correct to the best of my knowledge: _ _gg Signature of Applicant Date CONDITIONAL USE PERMIT Ln accordance xith Section 525.13 Subd. 2b og Ordinance 525 the � (Section of Ordinance) (Ordinance No. ) City of Hopkins hereby [ ] approves , [X ] denies the foregoing Application for Con�tional �se Permit . If approved , said approval is subject to the folloWing �e 1 an�Spe�al ,Provisions : 3 y: c'--,�'� � ���� �,� �-. Plannin & Economic Development Director 9/13/89 (Aut,horized; Sign ture) (Title) (Date) SEE REVERSE FOR GENERAL AND SPECIAL PROVISIONS ^ CITY OF HOPKINS . ZONING APPLICATION SUMMARY FORM Application Number ���J�9 _�/ P • I •D •�:25-117-22-11-0001 Applicant ' s Name (Last , First) Owner (if other than applicant) Henneain Countv Bureau of Public Service Applicant Mailing Address (Street , City , State , Zip Code) �20 Washinqton Ave South Hopkins MN 55343 Phone Number: (Day) 935-3381 (Evening) 935-3382 Property Address 320 Washin4ton Ave South , Hopkins , MN 55343 APPLICABLE CURRENT ZONING DISTRICT(S) TYPE OF ZONING REQUEST [ ] R-1-A [ ] R-2 [ ] B-1 L ] Coneept Review ( ] R-1-B [ ] R-3 [ ] B-2 [Xx] Conditional Use Permit [ �'t-1-C [ ] R-4 [ ] B-3 [ ] Variance [ -1 -D [ ] R-5 [ ] I-1 L ] Zoning Distriet Change [ � R-1 -E [ ] R-6 [ x] I_2 [ ] Subdivision Approval L ] Ordinance Amendment [ ] Other I hereby certify with my signature that all data contained herein as well as all supporting data are true and correct to the best of my knoWledge ' L 7-21-89 • Ap ' eant Signature Date 7-21-89 Owners Signature Date ADMINISTRATIVE DATA SUMMARY [ J Proper addendum to application Application received: [ ] Detailed plans submitted [ ] Written pro�ect description submitted Fee Paid : �J-�/- �9 Referred to City PLANNING COMMISSION ACTION Engineer: Approved: without modifieations Referred to City [ ] with modifications Attorney Denied [ X] Referred to Watershed District Da�: 8/29/89 Date of Publie Hearing Notice �- ��-- �J COUNCIL ACTION Date of Public Approved: without modifications Hearing � - �'- ���� [ ] with modifications ' Denied: [ X] Date: 9/5/89 RESOLUTION N0: 89-�9 _ . � \ T Y O G ,c � C�}I�\� ��`H� ^ August 30, 1989 tio 5 Council Report: 89-210 P K � � CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE 320 WASHINGTON AVENUE SOUTH Proposed Action. Staff recommends approval of the following motion: "Move approval of Resolution NO: 89-79 with conditions to allow the temporary storage of ash Approval of this motion will allow the temporary storage of ash at the Hennepin County Public Works Facility. Overview. Hennepin County is requesting a Conditional Use Permit to temporarily store up to 20, 500 tons of ash at the Hennepin County Public Works Facility. This ash will come from the Hennepin County Incinerator in Minneapolis which is scheduled to be operational in August. The County will use an existing building that has been used to store salt. Hennepin County needs a temporary storage facility for the ash because the Woodlake Landfill in Medina is not expected to be operational until November, 1989. Staff is recommending approval for the following reasons: o the storage of ash is temporary o based on staff's analysis we believe there are no long term ^ negative environmental impacts o adequate assurances are provided to protect the general welfare of the neighborhood. o based on our analysis, the staff has found that the proposal does not negatively affect the health, safety, and welfare of the community. Staff reviewed the County proposal with the Commission. The discussion then focused on the potential health risks to the residents of Hopkins. The commission did discuss the option of putting the ash in containers. This option was rejected by the County. Several individuals in the audience spoke against the storage of ash. The Commission unanimously approved Resolution Z89-14 recommending denial of the Conditional Use Permit to allow temporary storage of ash at the Hennepin County site. Primary Issues to Consider. o How will the County operate the storage facility? o How long will the County operate the facility? o What are the environmental impacts of the proposed temporary use? o What are the impacts on the surrounding areas? Supporting Documents. o Detailed Background ^ o Staff Analysis of Issues o Alternatives o Site Plan o Bruce A. Liesch Associates, Inc. , Memo, o Hennepin County - additional information o Doherty Rumble & Butler, P.A. , Memo o Benshoof and Associates, Memo o Metropolitan Council Staff report I 1 1 �(a��nn I .� / f rn�n r���,a.�,� �\ CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CR: 89-210 Page 2 Detailed Backqround: General Backqround Hennepin County has applied to the Minnesota Pollution Control Agency (MPCA) and to the City of Hopkins to allow the temporary storage of ash at the Hennepin County Site. As a part of the MPCA permit process, a review of the request is to be made by the Metropolitan Council. As of the date of this report neither the MPCA or the Metropolitan Council has issued a permit. The Hopkins Zoning Ordinance requires Hennepin County to receive a Conditional Use Permit for the temporary storage of ash on the Hennepin County Site. The Conditional Use Permit process allows the City to review the proposal , analyze its impacts, and attach reasonable conditions to the permit in order protect the health, safety and welfare of the Community. The City hired several consultants because of the complex nature of this proposal. These consultants have reviewed that proposed permit and have proposed conditions intended to protect the City's interest. The following is a list of the consultants the their expertise: ^ - John C. Lichter, P.E. Bruce A. Liesch Associates, Inc. , Environmental Review - Dick Nowlan, Doherty Rumble & Butler, P.A. , Legal - Mitch Wonson, Benshoof and Associates, Traffic Primarv Issues to Consider: o How will the County operate the storage facility? The proposed ash storage facility is an existing salt storage building which is located near the center of the 40 acre site. This building is approximately 160' x 140'and is enclosed on the east, north, and west sides. The capacity of the building is approximately 20, 500 tons of ash. The storage building is constructed of steel and plywood. The floor is a 4" bituminous surface. The floor has berms on three sides which rise to the roof supports. The incoming trucks will use County Road 3 to 5th Avenue and enter the Hennepin County site from Third Street South. No trucks will use the site access from 2nd Avenue South. The ash will be delivered in triple-axle end-dump trailers fitted with ^ roll-back top covers with a capacity of 20 to 25 tons. 15-20 delivery vehicles are anticipated daily. .. . ^ CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CR: 89-210 Page 3 When a truck arrives at the site it will be weighed. The truck will then go to the storage building. The unloading of the ash will be within the building. The ash will be in a continuously moist state when it is stored, delivered, and removed. The site is fenced by a seven foot high chain link fence with controlled access. No plans have been presented which detail the ash removal process. Staff has recommended a condition which requires a removal plan to be submitted and approved by October l, 1989. o How long will the County operate the facility? The storage of ash on the Hennepin County site is temporary. The total storage and removal process would be ' authorized for no more than six months. Hennepin County is requesting a storage schedule of August 15, through December 15, 1989 . Removal of the ash would take place when the permanent storage facility is ready which could be as early as November, but in no case later than six months from commencement of temporary -- storage. o What are the environmental impacts of the proposed temporary use? Hennepin County has prepared an Environmental Assessment Worksheet (EAW) for this request. Our environmental consultant will have reviewed the EAW by the date of the planning commission meeting. The EAW is a discretionary EAW and is being prepared on a voluntary basis by Hennepin County. Staff is recommending that a ground water monitoring system be installed if it is determined that the asphalt liner (floor) of the storage facility does not have an adequate barrier to ground water seepage. The staff proposes a bond or letter of credit be obtained to ensure proper clean-up of the site if deemed necessary by the City. This will adequately ensure that the temporary use will not have long term negative impacts on the site. The current building has an open south wall. Staff is recommending as a condition a closure on the south wall to prevent dust/ash from escaping the building. The structure will also be upgraded by the installation of a sprinkling system to keep the ash in a moist state. Adequate berming will exist to collect and remove any liquids which may result from the added moisture. �� �\ CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CR: 89-210 Page 4 Based on the information received from the consultants there are no known adverse environmental impacts resulting from the applicants proposal. (See memo from John C. Lichter attached) . Staff is recommending a condition which would require monitoring to ensure that no environmental impacts result from the temporary storage. o What are the operational impacts of a temporary storage facility on the surrounding areas? The proposed use consists of truck hauling, dumping and storage. These activities are consistent with the current activities on the site. In order to minimize potential impacts on the surrounding areas, staff is recommending a number of conditions which control the operation of the proposed temporary use. The are: o hours of operation shall be from' 6 a.m. to 6 p.m. o days of operation shall be Monday through Saturday (no holidays) o truck traffic shall be routed to the northern access of the site. The trucks will be routed via T.H. 169/CSAH 3/5th Ave./3rd St. South to the existing access point off 3rd St. just west of the ^ main building complex It is estimated the there will be approximately 15-20 more trucks a day. The City did retain a traffic consultant to review the additional truck traffic and the traffic implications (see memo from Mitch Wonson) . The traffic consultant has required two conditions: � 1. the CSAH 3 route be designated as the only route to be utilized for access to/from the public works site 2. a traffic management plan for relocation of the ash be approved by the City The staff believes that placing the recommended conditions on the temporary storage results in minimal impact on the surrounding areas. Alternatives. 1. Approve the Conditional Use Permit as recommended by staff to allow the temporary storage of ash at the Hennepin County site. By approving the Conditional Use Permit, the County will be able to temporarily store ash for a maximum of six months, after satisfying the required conditions. 2 . Approve the Conditional Use Permit with additions/changes. If the ^ Commission feels that additional conditions should be added; it should be done at this time. �� CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CR: 89-210 Page 5 3 . Deny the Conditional Use Permit to allow the temporary storage of ash at the Hennepin County site. Should the Planning Commission recommend denial, findings of fact would have to be made in the following areas: - environmental impacts - traffic - operational impacts (hours, days, etc. ) Staff does not recommend denial. 4 . Continue for further information or analysis. If the Commission feels further information is needed, the item should be continued. /� /� CITY OF HOPKINS � Hennepin County, Minnesota RESOLUTION N0:89-79 RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATION FOR CONDITIONAL USE PERMIT CUP89-11 WHEREAS, an application for a Conditional Use Permit entitled CUP89-11, made by Hennepin County, 320 Washington Avenue South, to allow temporary storage of ash is hereby denied. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP89-11 was filed with the City of Hopkins on July 21, 1989. 2 . That the Hopkins Planning Commission reviewed such application on August 8, 1989. 3 . That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on August 8, 198�, and August 29, 1989 ; all persons present at the hearing were given an opportunity to be heard. 4 . That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for Conditional Use Permit CUP89-11 is hereby denied subject to the following Findings of Fact: 1. The proposed site is in close proximity to residential neighborhoods and food handling facilities. 2 . The storage of ash in the manner proposed does not provide adequate safeguards to protect the health, safety and welfare of the community. 3 . Hennepin County has not provided enough information on the probable make-up and composition of the ash. 4 . Alternative storage methods have not adequately been explored to assure the best method of storage. Adopted this 5th day of September, 1989. Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk �� - � � t Y O G �' \ L > i� �� ti 5 August 4, 1989 � P K � N Planning Report: CUP89-11 CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE 320 WASHINGTON AVENUE SOUTH Proposed Action. Staff recommends approval of the following motion: "Move approval of Resolution NO: Z89-14 with conditions to allow the temporary storaae of ash. Approval of this motion will allow the temporary storage of ash at the Hennepin County Public Works Facility. Overview. Hennepin County is requesting a Conditional Use Permit to temporarily store up to 20, 500 tons of ash at the Hennepin County Public Works Facility. This ash will come from the Hennepin County Incinerator in Minneapolis which is scheduled to be operational in August. The County will use an existing building that has been used to store salt. Hennepin County needs a temporary storage facility for the ash because the Woodlake Landfill in Medina is not expected to be operational until November, 1989. Staff is recommending approval for the following reasons: o the storage of ash is temporary o based on staff's analysis we believe there are no long term negative environmental impacts o adequate assurances are provided to protect the general welfare of the neighborhood. o based on our analysis, the staff has found that the proposal does not negatively affect the health, safety, and welfare of the community. Primary Issues to Consider. o How will the County operate the storage facility? o How long will the County operate the facility? o What are the environmental impacts of the proposed temporary use? o What are the impacts on the surrounding areas? Supportinq Documents. o Detailed Background o Staff Analysis of Issues o Alternatives o Site Plan o Bruce A. Liesch Associates, Inc. , Memo, o Hennepin County - additional information � o Doherty Rumble & Butler, P.A. , Memo o Benshoof and Associates, Memo o Metropolitan Council Staff report o Resolution Z89-14 ��� (�,f f ''i' �� Nancy S. Anderson, Planner �� CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CUP:89-11 Page 2 Detailed Backqround: General Backqround Hennepin County has applied to the Minnesota Pollution Control Agency (MPCA) and to the City of Hopkins to allow the temporary storage of ash at the Hennepin County Site. As a part of the MPCA permit process, a review of the request is to be made by the Metropolitan Council. As of the date of this report neither the MPCA or the Metropolitan Council has issued a permit. The Hopkins Zoning Ordinance requires Hennepin County to receive a Conditional Use Permit for the temporary storage of ash on the Hennepin County Site. The Conditional Use Permit process allows the City to review the proposal, analyze its impacts, and attach reasonable conditions to the permit in order protect the health, safety and welfare of the Community. The City hired several consultants because of the complex nature of � this proposal. These consultants have reviewed that proposed permit and have proposed conditions intended to protect the City's interest. The following is a list of the consultants the their expertise: - John C. Lichter, P.E. Bruce A. Liesch Associates, Inc. , Environmental Review - Dick Nowlan, Doherty Rumble & Butler, P.A. , Legal - Mitch Wonson, Benshoof and Associates, Traffic Primary Issues to Consider: o How will the County operate the storage facility? The proposed ash storage facility is an existing salt storage building which is located near the center of the 40 acre site. This building is approximately 160' x 140'and is enclosed on the east, north, and west sides. The capacity of the building is approximately 20,500 tons of ash. The storage building is constructed of steel and plywood. The floor is a 4" bituminous surface. The floor has berms on three sides which rise to the roof supports. The incoming trucks will use County Road 3 to 5th Avenue and enter the —� Hennepin County site from Third Street South. No trucks will use the site access from 2nd Avenue South. The ash will be delivered in triple-axle end-dump trailers fitted with roll-back top covers with a capacity of 20 to 25 tons. 15-20 delivery vehicles are anticipated daily. �� CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CUP:89-11 Page 3 When a truck arrives at the site it will be weighed. The truck will then go to the storage building. The unloading of the ash will be within the building. The ash will be in a continuously moist state when it is stored, delivered, and removed. The site is fenced by a seven foot high chain link fence with controlled access. No plans have been presented which detail the ash removal process. Staff has recommended a condition which requires a removal plan to be submitted and approved by October 1, 1989. o How long will the County operate the facility? The storage of ash on the Hennepin County site is temporary. The total storage and removal process would be authorized for no more than six months. Hennepin County is requesting a storage schedule of August ^ 15, through December 15, 1989. Removal of the ash would take place when the permanent storage facility is ready which could be as early as November, but in no case later than six months from commencement of temporary storage. o What are the environmental impacts of the proposed temporary use? Hennepin County has prepared an Environmental Assessment Worksheet (EAW) for this request. Our environmental consultant will have reviewed the EAW by the date of the planning commission meeting. The EAW is a discretionary EAW and is being prepared on a voluntary basis by Hennepin County. Staff is recommending that a ground water monitoring system be installed if it is determined that the asphalt liner (floor) of the storage facility does not have an adequate barrier to ground water seepage. The staff proposes a bond or letter of credit be obtained to ensure proper clean-up of the site if deemed necessary by the City. This will adequately ensure that the temporary use will not have long term negative impacts on the site. The current building has an open south wall. Staff is recommending as a condition a closure on the south wall to prevent dust/ash from � escaping the building. The structure will also be upgraded by the installation of a sprinkling system to keep the ash in a moist state. Adequate berming will exist to collect and remove any liquids which may result from the added moisture. �� CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CUP:89-11 Page 4 Based on the information received from the consultants there are no known adverse environmental impacts resulting from the applicants proposal. (See memo from John C. Lichter attached) . Staff is recommending a condition which would require monitoring to ensure that no environmental impacts result from the temporary storage. o What are the operational impacts of a temporary storage facility on the surrounding areas? The proposed use consists of truck hauling, dumping and storage. These activities are consistent with the current activities on the site. In order to minimize potential impacts on the surrounding areas, staff is recommending a number of conditions which control the operation of the proposed temporary use. The are: o hours of operation shall be from 6 a.m. to 6 p.m. o days of operation shall be Monday through Saturday (no ^ holidays) o truck traffic shall be routed to the northern access of the site. The trucks will be routed via T.H. 169/CSAH 3/5th Ave./3rd St. South to the existing access point off 3rd St. just west of the main building complex It is estimated the there will be approximately 15-20 more trucks a day. The City did retain a traffic consultant to review the additional truck traffic and the traffic implications (see memo from Mitch Wonson) . The traffic consultant has required two conditions: 1. the CSAH 3 route be designated as the only route to be utilized for access to/from the public works site 2 . a traffic management plan for relocation of the ash be approved by the City The staff believes that placing the recommended conditions on the temporary storage results in minimal impact on the surrounding areas. Alternatives. 1. Approve the Conditional Use Permit as recommended by staff to allow the temporary storage of ash at the Hennepin County site. By approving the Conditional Use Permit, the County � will be able to temporarily store ash for a maximum of six months, after satisfying the required conditions. 2 . Approve the Conditional Use Permit with additions/changes. If the Commission feels that additional conditions should be added, it should be done at this time. �� CONDITIONAL USE PERMIT - TEMPORARY ASH STORAGE CUP:89-11 Page 5 3 . Deny the Conditional Use Permit to allow the temporary storage of ash at the Hennepin County site. Should the Planning Commission recommend denial, findings of fact would have to be made in the following areas: - environmental impacts - traffic - operational impacts (hours, days, etc. ) Staff does not recommend denial. 4. Continue for further information or analysis. If the Commission feels further information is needed, the item should be continued. ��. �� CITY OF HOPKINS � Hennepin County, Minnesota RESOLUTION NO:Z89-14 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT CUP89-11 WHEREAS, an application for a Conditional Use Permit entitled CUP89-11, made by Hennepin County, 320 Washington Avenue South, to allow temporary storage of ash is recommended for denial. WHEREAS, the procedural history of the application is as follows: 1. That an application for Conditional Use Permit CUP89-11 was filed with the City of Hopkins on July 21, 1989. 2. That the Hopkins Planning Commission reviewed such application on August 8, 1989. 3 . That the Hopkins Planning Commission, pursuant to published and mailed notiees, held a public hearing on August 8, 1989`, and August 29, 1989 ; all persons present at the hearing were given an opportunity to be heard. 4 . That the written comments and analysis of the City � Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for Conditional Use Permit CUP89-11 is hereby recommended for denial subject to the following Findings of Fact: 1. The health impacts associated with the ash - material are not known. 2. Due to insufficient information about the health impacts of ash material, the City cannot take reasonable steps to protect the health, safety and welfare of the community. 3. That the proposed site under consideration is in close proximity to the residential neighborhoods and food handling facilities. 4 . The City has proposed a list of reasonable conditions and alternatives to protect the health, safety and welfare of the community. Among those is the condition that the County containerize the ash for storage. We find the County's rejection of this on the basis of cost alone to be unacceptable. 5. That ash storage is not a described conditional use and therefore has not been subjected to study adequate to provide the usual assurances that are normally given upon the granting of a reasonable conditional use � permit. Adopted this 29th day of August, 1989. Toni Richardson, Chair