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CCR2002057COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #57-2002 RENEWAL OF EXTRACTIVE PERMIT AND PORTABLE ASPHALT PLANT FOR PAYNE 8 DOLAN WHEREAS, Payne & Dolan has requested renewal of their Extractive Permit and Portable Asphalt Plant permit for continued operation at their present location on Crowbar Road; and WHEREAS, The necessary public hearing has been held before the Plan Commission; and WHEREAS, The Plan Commission has recommended approval subject to the conditions outlined in Resolution #PC. 028-2002 which include retention of the existing $150,000 restoration bond and the asphalt plant processing no more than 350 tons per hour NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the renewal of the Extractive and Portable Asphalt Plant permit for Payne & Dolan for the period through the first Council meeting in April of 2003 subject to the conditions outlined in Resolution #PC. 028-2002. DATED THIS 12th DAY OF March ,2002. SPONSORED BY: Ald. William Le Doux This is to certify that this is a true and accurate copy of Resolution #57-2002 which was adopted by the Common Council of the City of Muskego. 0 3/02jrnb City of Muskego Plan Commission Supplement PC 028-2002 For the meeting of: March 5, 2002 REQUEST Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel, and the extension of use of a portable asphalt plant. ."____~~~ ~~~~ ~~~~ Crowbar Road I Janesville Road NE X and SE X of Section 13, T5N R19E PETITIONER: Payne 8 Dolan INTRODUCED: March 5.2002 LAST AGENDA: NIA PREPARED BY: Dustin Wolff BACKGROUND PC 028-2002 petitioner seeks approval of the required annual review for continued mining and processing Of sand and gravel, and the extension of use of a portable asphalt Plant. ~ . ~~__ ______ CONSISTENCY WITH ADOPTED PLANS PC 028-2002 lComprehensive Plan: I I :Zoning: ;Park and Open Space 'Plan: !Conservation Plan ,Street System Plan: :Utility Service Areas: The 2010 Plan indicates the area should be used for industrialand I extractive land use. The proposal is consistent with the Plan. The 1-2. General Industrial District allows extractive operations by I conditional use grant. A CUG was previously approved for the ! extractive operations and portable asphalt plant. An annual review 1 is required as a condition of approval. NO acquisitions are proposed in the area. The proposal is consistent with the Plan. I .- ~~~ The Plan identifies the area along Crowbar Road for High Priority Management, specifically as a view corridor The current extractive j - .~. .. ~~ "~ .. operations are far removed from this area. P 8 D has continuously stabilization, and plantings. The proposal is consistent with the ! improved this area of their site through restoration, slope Plan. The 2010 Street System Plan indicates Crowbar Road to be a 100 j .ultimate right-of-way. No dedication is required at this time. The property is served by private sewer and private water. ! ! . .. RESOLUTION #P.C. 028-2002 GRANT #37 AND THE APPROVAL FOR THE RENEWAL FOR THE CONTINUED OPERATION RECOMMENDATION FOR THE RENEWAL OF THE PERMIT FOR THE CONDITONAL USE OF THE ASPHALT PLANT ON CROWBAR ROAD FOR PAYNE 8DOLAN (NE AND SE % OF SECTION 13, T5N. R19E) WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal of Conditional Use Grant #37, held by Payne 8 Dolan Company for an extractive permit, and WHEREAS, That request also includes renewal for the operation of the portable asphalt plant. and WHEREAS, All fees have been paid and the public hearing held before the Plan Commission on March 5, 2002, and WHEREAS, There is an existing $150,000 bond for site restoration on file with the City, and WHEREAS, This site is classified as an existing mine as defined by Chapter 38 of the Muskego Municipal Code and NR135 of the State if Wisconsin Natural Resources Code, and as such received an automatic permit for operation from the Wisconsin DNR. and THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby Conditional Use Grant #37 and the approval for the renewal of the permit for continued operation recommend to the Common Council approval for the renewal of the extraction permit for the of the portable asphalt plant on Crowbar Road. BE IT FURTHER RESOLVED, That the asphalt plant process no more than 350 tons per hour as amended in Resolution #P.C. 07-98. BE IT FURTHER RESOLVED, That Payne 8 Dolan shall provide a reclamation plan to the City for approval before the Plan Commission prior to August 1, 2002 at outline in Chapter 38 of the Muskego Municipal Code. will self-regulate the monitoring of trucking and provide neighbors with information of contact THEREFORE BE IT FURTHER RESOLVED, That included in the conditional use, the petitioner personnel to resolve potential disputes. 0 Plan Commission City of Muskego Adopted: March 5,2002 Defeated: Deferred: Introduced: March 5. 2002 ATEST. Sandi Asti, Recording Secretary