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HomeMy Public PortalAbout07/20/2020 - Board of Trustees Resolution Approving CUP Permit for Mining at 4984 Earhart RdTOWNSHIP BOARD OF TRUSTEES CHARTER TOWNSHIP OF ANN ARBOR WASHTENAW COUNTY, MICHIGAN RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR AMC-WSG, LLC GRAVEL PIT DATE: JULY 20, 2020 Resolution adopted at a regular meeting of the Board of Trustees of the Charter Township of Ann Arbor, Washtenaw County, Michigan, held at the Township Hall, 3792 Pontiac Trail, Ann Arbor, Michigan, on January 20, 2020. PRESENT: Diane O'Connell, Rena Basch, Michael Moran, Della DiPietro, Rodney Smith, John Allison, Randy Perry ABSENT: None Motion by Trustee: Basch; supported by Trustee: Perry. I. RECITALS A. Ann Arbor Charter Township ("Township") received an application dated February 11, 2020, as revised by submissions dated March 17, 2020 and April 20, 2020 (collectively the "Application") for a Conditional Use Permit for Mineral Mining ("CUP") for AMC-WSG, LLC, a Michigan limited liability company ("Applicant"). The Application is to expand the sand and gravel mining operations of an existing gravel pit on the property located at 4984 Earhart Road, Ann Arbor Township, Parcel Number I-09-01-200-002, Ann Arbor Charter Township, containing approximately 142 acres of property ("Property"), including, but not limited to, by increasing the amount of materials mined on the Property and upgrading tools and equipment on site. B. The Application also includes a request for approval of a combined preliminary and final site plan initially dated February 11, 2020 and updated March 17, 2020 (collectively the "Site Plan"). Under the Township's Code of Ordinances (the "Code"), requests for conditional land uses are reviewed concurrently with site plans. C. Applicant is currently under contract with Washtenaw Sand & Gravel Co., a Michigan corporation and the current owner of the Property ("Owner"), to purchase the Property. Owner has submitted correspondence to the Township consenting to the Application and to Applicant entering into all necessary agreements with the Township for approval of the Mining Activities (defined below). A copy of the correspondence was included in the Application. D. The Application includes plans for expanding Owner's current sand and gravel mining operation currently in operation on the Property. The expanded operation will use front-end loaders, excavators, and dump trucks to mine the sand and gravel and carry it to a wash plant on site. The new operation will use approximately five (5) to seven (7) large pieces of equipment on a daily basis. Unlike the current operation by Owner, the Applicant has represented that no other materials (i.e. construction aggregates, used concrete and asphalt, or limestone) will be brought on the Property for re -sale. Mining activities will be conducted primarily March through November (referred to as the "peak season"), but there will be winter stockpiles depending on customer demand. Applicant has 1 Bodman_16863709_1 indicated that winter mining could occur if conditions are favorable for mining. Applicant estimates that, initially, the average number of trucks that are expected to enter/exit the Property is approximately 40-50 per day during the peak season, and could go up to 80 per day during the peak season. In addition to the activities outlined in the Application and the Reports (as defined below), the foregoing activities shall be referred to as the "Mining Activities." E. The Mining Activities do not constitute a permissible prior nonconforming extraction operation under Code Section 74-224. F. Applicant represents to the Township that for the duration of any conditional use permit granted by the Township, Applicant will use Earhart Road consistent with, in accordance with the regulations of, and under the limits of, a Normal Route, sometimes referred to as a "Class B," or "medium volume" road under the Washtenaw County Road Commission ("WCRC") Procedures & Regulations for Permit Activities, meaning that no improvements will be required by WCRC to comply with a "Designated Route" and/or "Class A" road requirements. The Applicant represents that it will not seek a designated haul route permit from the WCRC to increase the number of trips or to allow for heavier loads for the duration of this CUP without first requesting an amendment to the CUP to allow for same. G. The Township Planner and Township Engineer have reviewed the Application and Site Plan and provided detailed comments and reviews, the most recent being the Township Planner's reviews dated February 27, 2020, April 6, 2020 and April 27, 2020, and the Township Engineer's reviews dated February 27, 2020, April 2, 2020, April 30, 2020 and June 30, 2020 (together, the "Reports"). H. On April 13, 2020, the Planning Commission held a Special Meeting to consider the Application and to set a date for a public hearing. On May 4, 2020, the Planning Commission held a public hearing to consider the CUP. On June 1, 2020, July 6, 2020 and at a special meeting held on. July 13, 2020, the Planning Commission extensively considered the application for CUP and requested additional information and clarifications from the Applicant. I. The Township Planning Commission considered the Application and Site Plan, the reports and comments of the Township Planner and Township Engineer, and the comments of the public at the public hearing on the CUP as well as during public comment at each of the meetings described above, and adopted a resolution ("PC Resolution") approving the Site Plan and recommending approval of the CUP to the Township Board based on findings and subject to the conditions set forth in the PC Resolution. A copy of the PC Resolution is attached as Exhibit A. II. STANDARDS AND FINDINGS — CONDITIONAL USE PERMIT Section 74-137 of the Code states that any Conditional Land Use approval shall run with the land and shall remain unchanged except upon mutual consent of the Township Board and the landowner. The Planning. Commission and Township Board must evaluate the proposed use to determine if it meets all the required standards listed in Code Sections 74-136 and 74-592. Code Section 74-592 states that any approval of the CUP is conditioned upon Applicant's adherence to all of the performance standards set forth in Code Section 74-594, as well as the conditions of the. PC Resolution and this Resolution. 2 Bodman 16863709 1 Based on the foregoing and the PC Resolution, the Township Board adopts the standards and findings of the Planning Commission pertaining to the CUP pursuant to Code Sections 74- 136 and 74-592 and, subject to the conditions of the Planning Commission as set forth in the PC Resolution (as modified and supplemented by the Township Board herein) approves the CUP for the Mining Activities on the Property. III. CONDITIONS — CUP Based on the foregoing, the Township Board approves the CUP as set forth in the PC Resolution, subject to the conditions set forth in the PC Resolution (as modified and supplemented by the Township Board herein), as follows, which conditions shall run with the Property and are required in order for no very serious consequences to occur in connection with the Mineral Activities on the Property: 1. Within one (1) year after approval of the CUP, Applicant shall plant evergreen trees within the 100 -foot buffer adjacent to the existing single family home to the south of the Property so that a proper buffer will be established by the time that the Mining Activities will be located closer to the southern boundary line of the Property. 2. Applicant shall plant native species identified on the Bio-Retention Plant List described above for the 25 -foot buffer around the lakes to be created in accordance with the reclamation plan included in the Application and approved Site Plan, except in those locations designated for boat launches or docks. 3. Applicant shall not revise or modify the Site Plan without prior written notice to and approval by the Township. 4. In the event Applicant or any subsequent owner ceases use of the Property as described in this Resolution for a period in excess of 24 months, the CUP may be revoked in accordance with the Code. 5. Applicant shall reapply for a new conditional use permit within five (5) years after final approval of this CUP by the Board of Trustees as required by Section 74-592 of the Code. 6. Applicant shall not (i) seek, apply for, or obtain approval for a designated Haul Route Permit from the WCRC for Earhart Road, (ii) utilize Earhart Road in a manner which exceeds County Normal Route or Class B vehicle axle weight, length or size limitations, and/or (iii) coordinate with the WCRC in any manner relating to improvements to Earhart Road prior to obtaining approval from the Township regarding the change in use. Applicant acknowledges and agrees that any change in the use of Earhart Road is a change in use under the CUP and will require an amendment to the CUP, or application for a new conditional use permit, in the sole discretion of the Township. 7. Applicant and Township must sign a Development Agreement in a form acceptable to the Township, as required by Section 74-177 of the Code, and Applicant must deposit the performance guarantees as required by Section 74-592 of the Code for restoration of the Property and to cover the costs of the Township Engineer in certifying conformance, as well as a cash escrow with the Township to allow the Township and WCRC to undertake additional dust control, grading and gravel application measures on Earhart Road. 3 Bodman_16863709_1 8. Applicant shall remove all inoperable vehicles and equipment not used for Mining Activities from the Property within twelve (12) months after approval of the CUP. 9. In the event that a portion of the internal roadway located on the Property encroaches onto the neighboring property located at 4410 Earhart Road, Applicant shall move the portion of the road encroaching on the neighboring property to a location wholly located on the Property and which complies with the set -back and other requirements of the Code within thirty (30) days of approval of this CUP. Further, Applicant shall plant grass seed to restore the neighboring, property in the location of the road encroachment. In the event that the road does need to be relocated, the Applicant shall work cooperatively with the neighbor to ensure access to the neighboring property at times reasonably convenient to the neighboring property owner to relocate the road and restore the area by planting grass seed. 10. Applicant shall not perform any concrete, cement or asphalt production on the Property in accordance with Code Section 74-592. 11. The Owner, Applicant and their tenants shall comply with all comments, conditions and recommendations set forth in this Resolution and the Reports related to the CUP and Site Plan and any reports and comments of the Township Building and Zoning Official, Township Fire Chief, Township attorney and Township Utilities Department. 12. Applicant shall limit truck entering and exiting the Property to an average of fifty (50) trucks per day during peak season, with a maximum of eighty (80) trucks on any single day. 13 Applicant shall track, compile and submit to the Township, in the form of an annual report (unless requested more frequently by the Township), information regarding the vehicle traffic using Earhart Road and entering the Property. Specifically, the Applicant shall track the number of daily vehicle trips entering and exiting the site in relation to the Mining Activities and report those numbers, as well as the monthly daily average and monthly maximum counts. 14. Use of the Property shall be in accordance with this Resolution and other applicable laws and ordinances, including the Township noise, light and nuisance ordinances, and ordinances relating to hours of operation. 15. All truck staging shall be contained on the Property. Truck staging on Earhart or Joy Road is prohibited. Applicant shall assist the Township in enforcing this condition. 16. Crushing operations are prohibited within 300 feet of any neighboring residences. 17. Applicant shall not utilize chemicals in relation to the washing process of the Mining Activities (only water is permissible in relation to the washing process). 18. Prior to any Mining Activities, Applicant shall provide the Township (for administrative review) with updates of the Site Plan to address inconsistencies, requirements of the consultants' reports, and the terms of this Resolution. 4 Bodman 16863709 1 19. Prior to creating a five (5) acre lake on Property, Applicant shall establish and submit a plan to the Township to ensure that the planned lake will not impact the water level of surrounding wells and wetlands. 20. Applicant shall comply with all state and federal requirements for mineral mining, including any and all requirements a set forth in the Michigan Zoning Enabling Act, Act 110 of 2006, et. seq., MCL § 125.3205. IV. TOWNSHIP BOARD APPROVAL Based on the foregoing findings and standards and subject to the foregoing findings and conditions, the Township Board approves the CUP for the Mining Activities on the Property. RESOLUTION DECLARED ADOPTED. Diane O'Connell Township Supervisor I certify that the foregoing is a true and complete copy of a resolution adopted by Township Board of the Aim Arbor Charter Township, County of Washtenaw, State of Michigan, at a regular meeting held on July 20, 2020, that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Rena Basch Township Clerk Dated: \.1 (may a9, 2020 5 Bodman_16863709_1 EXHIBIT A Planning Commission Resolution 1 Bodman 16863709 1 AS RECOMMENDED 7/13/2020 PLANNING COMMISSION CHARTER TOWNSHIP OF ANN ARBOR WASHTENAW COUNTY, MICHIGAN RESOLUTION RECOMMENDING APPROVAL OF COMBINED PRELIMINARY AND FINAL SITE PLAN AND CONDITIONAL USE PERMIT FOR MINERAL MINING MID MICHIGAN MATERIALS GRAVEL PIT DATE: JULY 13, 2020 Resolution adopted at a special meeting of the Planning Commission of the Charter Township of Ann Arbor, Washtenaw County, Michigan, held at the Township Hall, 3792 Pontiac Trail, Ann Arbor, Michigan, on July 13, 2020. PRESENT: Kris Olsson, Lee Gorman, Peter Kotila, Linda Young, John Allison, Karen Mendelson, David Gidley ABSENT: Motion by Commissioner: Olsson; supported by Commissioner: Gidley. I. RECITALS A. Ann Arbor Charter Township ("Township") received an application dated February 11, 2020, as revised by applications dated March 17, 2020 and April 20, 2020 (collectively the "Application") for a Conditional Use Permit for Mineral Mining ("CUP") for AMC-WSG, LLC, a Michigan limited liability company ("Applicant"). The Application is to expand the existing sand and gravel mining operations of an existing gravel pit on the property located at 4984 Earhart. Road, Ann Arbor Township, Parcel Number I-09-01-200-002, Ann Arbor Charter Township, containing approximately 142 acres ("Property"), including, but not limited to, increasing the amount of materials mined on the Property and upgrading tools and equipment on site. B. The Application also includes a request for approval of a combined preliminary and final site plan initially dated February 11, 2020 and updated March 17, 2020 (collectively the "Preliminary and Final Site Plan"). Under the Township Code, requests for conditional land uses are reviewed concurrently with site plans. C. Applicant is currently under contract with Washtenaw Sand & Gravel Co., a Michigan corporation and the current owner of the Property ("Owner"), to purchase the Property. Owner has submitted correspondence to the Township consenting to the Application and to Applicant entering into all necessary agreements with the Township for approval of the Mining Activities, A copy of the correspondence was included in the Application. D. The Application includes plans for expanding the current sand and gravel mining operation already operating on the Property by Owner. The expanded operation will use front-end loaders, excavators, and dump trucks to mine the sand and gravel and carry it to a wash plant on site. The new operation will use approximately 5-7 large pieces on equipment on a daily basis. Unlike the Bodman_16712276_6 previous operation by Owner, the Applicant has represented that no other materials (i.e. construction aggregates, used concrete and asphalt, or limestone) will be brought on the Property for re -sale. Mining activities will be conducted primarily March through November, but there will be winter stockpiles depending on customer demand. Applicant has indicated that winter mining could occur if conditions are favorable for mining. The Applicant estimates that initially, the average number of trucks that are expected to enter/exit the Property is approximately 40-50 per day, and could go up to 80 per day during the peak season. In addition to the activities outlined in the Application and the Reports (as defined below), the foregoing activities shall be referred to as the "Mining Activities." E. The Mining Activities do not constitute a permissible prior nonconforming extraction operation under Ann Arbor Township Code Section 74-224, F. The Applicant represents to the Township that for the duration of any conditional use permit granted by the Township, the Applicant will use Earhart Road consistent with, and in accordance with the regulations of, and under the limits of a Normal Route, sometimes referred to as a "Class B," or "medium volume" road under the Washtenaw County Road Commission ("WCRC") Procedures & Regulations for Permit Activities, meaning that no improvements will be required by WCRC to comply with a "Designated Route" and/or "Class A" road requirements. The Applicant represents that it will not seek a designated haul route permit from the WCRC to increase the number of trips or to allow for heavier loads for the duration of this CUP. G. The Township Planning and Engineering Consultants, have reviewed Applicant's Application and Site Plan and provided detailed comments and reviews, the most recent being the Township Planner's review dated February 27, 2020, April 6, 2020 and April 27, 2020, and the Township Engineer's review dated February 27, 2020, April 2, 2020, April 30, 2020 and June 30, 2020 (together, the "Reports"). H. On April 13, 2020, the Planning Commission held a Special Meeting to consider the Application and to set a date for a public hearing. On May 4, 2020, the Planning Commission held a public hearing to consider the CUP. On June 1, 2020, July 6, 2020 and at a special meeting held on July 13, 2020, the Planning Commission extensively considered the application for CUP and requested additional information and clarifications from the Applicant. 1. The Township Planning Commission considered the Application and Preliminary and Final Site Plan, the reports and comments of the Township Planning and Engineering Consultants, and the comments of the public at the public hearing on the CUP, and recommends approval by the Township Board of the Preliminary and Final Site Plan and the CUP based on the findings, and subject to the conditions set forth below pursuant to Section 74-136 of the Code pertaining to approval of a conditional use permit, Sections 74-174 through 74-176 of the Code pertaining to site plan review, and Section 74-592 of the Code pertaining to mineral mining (which is consistent with and subject to the Michigan Zoning Enabling Act, Act 110 of 2006, et. seq, MCL §125.3205 regarding the mining of natural resources). II. FINDINGS, CONDITIONS AND APPROVAL -COMBINED PRELIMINARY AND FINAL SITE PLAN Based on the Preliminary and Final Site Plan submitted by the Applicant, review of the Reports, and review of approvals and reports from applicable governmental authorities, and pursuant to the Recitals and Reports which are incorporated into this Resolution, and the Township Code, the 2 Bodman_16712276_6 Planning Commission finds that the proposed Preliminary and Final Site Plan meets the standards of the Township Code Sections 74-174 through 74-176, subject to Applicant completing all required revisions to the Preliminary and Final Site Plan as set forth in the Reports, any revisions requested by the Township consultants and as otherwise required by the Planning Commission herein. III. STANDARDS AND FINDINGS — CONDITIONAL USE PERMIT 1. CUP. Based on the Applicant's submittals, the Reports and comments of the public at the public hearing, the Planning Commission makes the following findings pertaining to the CUP pursuant to Section 74-136 of the Code: A. Standard: The project will be harmonious with and in accordance with the objectives, intent and purposes of the ordinance. Finding 1: Upon compliance with the conditions set forth in this Resolution, the CUP is harmonious and in accordance with the objectives, intent and purposes of the Code, which states that the intent of the chapter is to ensure economical use of land. The Property can either continue use as a gravel pit, or be reclaimed and redeveloped into a residential development. The Applicant is proposing to continue the use on the Property as a gravel pit and submitted a market study in its Application, which discusses future profitability. Continued use as a gravel pit is consistent with an economical use of the land. B. Standard: The project will be compatible with the natural environment and existing and future land uses in the vicinity. Finding 2: Upon compliance with the conditions set forth in this Resolution, the Mining Activities will be compatible with the natural environment and existing and future land uses in the vicinity as the Applicant is proposing a continuation of the current use of the Property. The Mining Activities are occurring away from the sensitive water features on the Property (wetlands and tributary) to avoid any physical impacts from the Mining Activities in the wetlands or tributary. Regarding Stormwater runoff to the wetlands to the north and the tributary to the east: 1. The Applicant has provided information that runoff will be filtered by a proposed stormwater diversion berm that will act as a sedimentation basin (on the north), and stormwater berms to the east before entering the wetland and wetland surrounding the tributary. Applicant shall revise the site plans to show improvements to the berms located on the east side of the Property to show that any runoff will either be detained and allowed to infiltrate into the ground, or will filter through the berm, pursuant to an administrative review. In either case, runoff will be directed away from the Fleming Creek tributary and wetlands and will be redirected back into the mine itself. As noted below, this berm shall be inspected in relation to the Soil Erosion Control Permit Process identified below. 2. A Soil Erosion and Sedimentation Control (SESC) Permit is required for the Mining Activities on the Property, which the Township will oversee for the duration of the CUP. 3 Bodman_16712276_6 3. As further addressed below in relation to the mining ordinance, the CUP expires in five (5) years, after which time the Applicant will need to reapply for a new conditional use permit. Therefore, any erosion issues that are impacting the wetland and/or tributary will be addressed through the application process for a future conditional use permit. Regarding the existing woodlands on site, the Applicant has offered, and the Township is requiring that the Applicant vegetate the 100 -foot buffer that is currently used for a roadway (southeast corner of the Property) to contribute to the natural vegetation on the Property. Further, Applicant states that further vegetation will also occur where Area A is to be reclaimed in accordance with Applicant's Reclamation Plan, which is planned to occur in two (2) to five (5) years. Regarding the Massasagua rattlesnake habitat, Applicant has provided information regarding the federally threatened species and its existing habitat on the Property. The Applicant has represented, and the Township requires that Applicant commit to producing a study on the existing habitat and strategies for reducing impact on any existing protected habitat on the Property. Any development of the Property in relation to the CUP shall be in compliance with federal law regarding federally protected and/or endangered species. Regarding future land uses in the vicinity, Applicant represents that once mining on this Property is complete, which Applicant estimates will be between 16-40 years, reclamation of the Property will make it appropriate for agriculture, wildlife habitat, and/or large -lot residential uses. The Master Plan calls for Open Space Preservation on this property. This future land use category is characterized by mixed farmland and natural areas. The goals of this category include residential clustering, while preserving open space, enhancing rural character and enabling small-scale agricultural uses. Once the site is reclaimed, the proposed uses will be consistent with the Township Master Plan. C. Standard: The project will be compatible with the Township Master Plan. Finding 3: Upon compliance with the conditions set forth in this Resolution, the CUP will be compatible with the Township Master Plan designation of the area as mixed farmland and natural areas. As noted above, the Applicant represents that under the reclamation plan contained in the Application, the Property will be appropriate for agriculture, wildlife habitat, and/or large -lot residential uses in the future, which is consistent with the Master Plan. D. Standard: The project will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways, and structures, refuse disposal or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. Finding 4: Upon compliance with the conditions set forth in this Resolution, the Mining Activities and Property will be served adequately by essential public facilities and services. The Property is accessible from Earhart Road. Applicant has provided information from the WCRC confirming that Earhart Road is currently being operated as a County Normal Route as defined by the Washtenaw County Truck Operators Map, hereafter known as a Class B Road or "medium volume" road in accordance with the Procedures and Regulations for Permit Activities for the WCRC and in accordance with the Michigan Vehicle Code. If transport of loads over Earhart Road by Applicant exceed the axle weight, length and size limitations for a Class B Road, the Applicants agrees that 4 Bodman_16712276_6 Earhart Road may be classified as a Class A Road, and Applicant will be required to apply for and obtain a Haul Route Permit and make certain improvements to Earhart. Road as required by the WCRC. Applicant has represented to the Township in the Application at the public hearing that the transport of sand, gravel and other materials in relation to the Mining Activities over Earhart Road will not exceed the Class B axle weight, length and size limitations, and Earhart Road will continue to be classified and operated as a Class B Road and all axle weight, length and size will be at or below the requirements of a County Normal Route. In the event that the Mining Activities, or Applicant's use of Earhart Road results in an increase of use of Earhart Road (over that of the Class B Road), the Applicant shall apply for an amendment to this CUP, or otherwise apply for a new conditional use permit to obtain a Haul Route Permit and to perform any and all improvements to Earhart Road as required by the WCRC. Approval of this CUP is conditioned upon the Applicant agreeing not to seek a designated Haul Route Permit, nor work in conjunction with the WCRC to improve Earhart Road unless and until Applicant obtains approval for the change in use from the Township in accordance with Code. Further Earhart Road will provide adequate access for fire and police service vehicles, which such services will be provided by the Township. Applicant will use water, and if that is insufficient calcium chloride to mitigate dust as a result of truck traffic or the Mining Activities on site. The Planning Commission is recommending that the Township Board require Applicant to financially assist the Township and WCRC in assuring that truck traffic impacts to the integrity of Earhart Road will be mitigated by more frequent grading, application of gravel and dust control measures, as described herein. The commercial septic system at the Property is adequate based on the report from the Washtenaw County Environmental Health Department ("WCEHD"). The trash disposal system proposed by the Applicant at the Property consists of an outdoor, covered, dumpster as indicated in the Preliminary and Final Site Plan. E. Standard: The project will not be detrimental, hazardous or disturbing to existing or future neighboring uses, persons, property or the public welfare. Finding 5: The adjacent land uses include two single-family residential homes on the south boundary, two single-family residential homes across Earhart Road to the west, and two single- family residential homes to the north on Joy Road (located in Northfield Township), as well as the school Spiritus Sanctus Academies, A lake and woodlands occupy the land located between the Property and the homes and building sites to the east. Land uses along Earhart and Joy Roads are primarily single family residences. The Mining Activities are a continuation and expansion of the existing land use by Owner. The Planning Commission has found that the Mining Activities will be an increase over the current operation, with approximately 5-7 large pieces of equipment conducting the Mining Activities. There will be a wash plant and additional truck traffic entering and exiting the site each day. Applicant has represented that only water is utilized in the washing process. Applicant represents, and the Township requires, that Applicant shall not utilize chemicals in relation to the washing process on the Property. As a condition to this Resolution, the Planning Commission requires that the Applicant show the 100 -foot buffer along the perimeter of the Property as required by the Ordinance. In addition, the Applicant shall augment the vegetation located along the perimeter of the Property closest to the 5 Bodman_16712276_6 neighboring residential properties and along the perimeter of the Property in order to reduce the impact of the Mining Activities on the surrounding area. Specifically, the Applicant will augment the existing buffer with evergreen trees along the southern boundary of the Property abutting the neighboring property containing a single family house in the twelve (12) months following the date of approval of the CUP to ensure that a sufficient perimeter buffer is established to reduce the impact of the Mining Activities. Additionally, the Applicant shall augment the vegetation within the 100 foot buffer located on the western side of the Property and Applicant shall not removes trees in the 100 foot buffer located on the western property line. Applicant shall revise the Site Plan to show all vegetative buffering, which may include trees, or other plantings acceptable to the Township Planner. Further, Applicant shall further vegetate the area located between the Mining Activities and the residence located to the southeast of the Property during the reclamation phase of Area A to ensure that the 100 -foot vegetative buffer remains intact. As a condition to this Resolution, the Planning Commission requires, that the hours of operation for the Mining Activities, as well as the noise from such Mining Activities will be within the limitations set forth in the Township Code. Subject to the Conditions set forth in this Resolution, the Planning. Commissions finds that the Project will not be detrimental, hazardous or disturbing to existing or future neighboring uses, persons, property or the public welfare. Significant concerns were expressed in writing and in public testimony by members of the public regarding the impact of proposed increases in truck traffic from the Property in relation to the Mining Activities, which poses various serious consequences to pedestrian, bicycle, horseback riding and vehicular safety peaceful use of properties along Earhart and Joy Roads, and to the rural character of the Township in accordance with the Township's designated Master Plan. The Planning Commission received significant testimony and analysis regarding traffic counts and impacts and found that these concerns were valid, and if unregulated would be detrimental, hazardous and disturbing to neighboring uses and people. To mitigate these very serious consequences, as a condition to this Resolution, the Planning Commission finds limits on either truck traffic or daily load limits (that relate to truck traffic) to be appropriate and required as outlined in the conditions below. F. Standard: The project will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community. Finding 6: Upon compliance with the conditions of this Resolution, the CUP will not create additional requirements at public cost for public facilities and services that would be detrimental to the economic welfare of the community. Notwithstanding the foregoing, if the Applicant's use of Earhart Road exceeds the Class B limitations as set forth above, Applicant will be required to seek approval of the increased use of Earhart Road from the Township as a revision to the CUP or in relation to a new conditional use permit. IV. STANDARDS AND FINDINGS -MINERAL MINING CONDITIONAL USE Based on the Applicant's submittals, the Township Consultants' Reports and the comments of the public at the public hearing, the Planning Commission makes the following findings pertaining to the Mineral Mining Conditional Use pursuant to Section 74-592 of the Code: A. Standard: The Township Board shall grant a conditional use permit if it finds that no very serious consequences would result from the operation of the mineral mining activity. If is it 6 Bodman_16712276_6 demonstrated that a very serious consequence to the Township would occur, the Township Board shall not grant a conditional use permit. In accordance with MCL 125.3205, Section (5), the following factors shall be considered in making that determination: 1) The relationship of extraction and associated activities with existing land uses. 2) The impact on existing land uses in the vicinity of the property. 3) The impact on property values in the vicinity of the property and along the proposed hauling route serving the property. 4) The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property. 5) The impact on other identifiable health, safety and welfare interests in the local unit of government. 6) The overall public interest in the extraction of the specific natural resources on the property. Finding 1: Upon compliance with the conditions of this Resolution and Township Code, the Planning Commission finds that no very serious consequences would result from the CUP. As noted above, the use of the Property as a sand and gravel mine has been occurring for decades. Regarding the existing land uses, to the best of the Township's actual knowledge, the Township has not received any complaints about the existing mining activities. Provided that the Applicant comply with the terms of this Resolution and the Township Code, including augmenting the vegetative buffer located along the perimeter of the Property to shield the neighboring properties from disturbance, the Mining Activities are not inconsistent with the existing land uses. Regarding property values, the Property has been used as a sand and gravel mining operation for decades. Continuation of sand and gravel mining as detailed in the Mining Activities should not result in a decrease in property values in the vicinity of the Property. Regarding pedestrian and traffic safety, Earhart Road (north of M-14) is a narrow, gravel road with heavy vegetation on both sides of the road, and no pedestrian accommodations (such as a shoulder or sidewalk) and no speed limit posted (which means that that the speed limit is 55 mph), Applicant states that the Mining Activities will result in approximately 40-50 trucks entering/exiting the site and using Earhart Road on an average day. The Planning Commission determined that this number of truck trips represents a significant increase over the current use of the Property and would be detrimental, hazardous and disturbing to neighboring uses and people and poses very serious consequences to pedestrian, bicycle, horseback riding and vehicular safety, peaceful use of properties along Earhart Road, and to the rural character of the Township as described in the Master Plan. As enumerated below daily truck traffic/daily tonnage limits are a condition of this recommendation for approval. In addition, all truck staging shall be contained on site and no truck staging shall be allowed on Earhart or Joy Roads. The Planning Commission determined that limiting the number of trucks entering and exiting the Property to an average of forty (40) trucks per day during peak season, with a maximum of eighty (80) trucks on any single day was necessary to avoid serious adverse consequences. B. Standard: The applicant shall submit a report by a geologist or other experts with credentials satisfactory to the Township Board to demonstrate compliance with MCL 125.3205, Sections (3) and (4), that the natural resources to be extracted shall be considered valuable, and 7 Bodman_16712276_6 the applicant can receive revenue and reasonably expect to profit from the proposed mineral mining operation. The applicant shall also provide documentation to demonstrate that there is a need for the natural resources to be mined by either the applicant or in the market served by the applicant. Finding 2: Applicant has submitted a study entitled "Market Study for Washtenaw Sand and Gravel" amended March 16, 2020. The Market Study was prepared by Anderson Economic Group, Inc., a consulting firm that states that it specializes in business valuation and market and industry analysis. The Market Study concludes that, based on this analysis, there is a significant and on -going need for construction sand and gravel in southeast Michigan, and that Applicant is reasonably expected to receive revenues and operate the Property in a profitable manner, similar to peers. C. Standard: Mineral Mining operations shall be subject to the following conditions set forth in Section 74-592(c) and as set forth in the Report of the Township Planner: Finding 3: Upon compliance with the conditions of this Resolution, the Planning Commission finds and the Applicant represents and warrants that the Mining Activities will be conducted in accordance with the requirements of Section 74-592(c) regarding mineral mining and as set forth in the Report of the Township Planner which is incorporated herein. With regard to requirement of a 100 foot buffer along the perimeter of the Property, the Township is requiring, and the Applicant has agreed to increase the vegetation along the west, south and east lines of the Property and to confirm that the proposed areas of disturbance for the Mining Activities are not within 100 feet of any boundary line of the Property. As noted above, this augmentation will include augmenting the vegetative buffer along the southern and western lines of the Property, and in the southeast corner to reduce impact on the neighbors and the properties located to the west. Applicant shall begin augmenting the vegetation on the southern property boundary with evergreens within one year of approval of this CUP. With regard to the impact of the Mining Activities on surrounding wetlands or watercourses, the Site Plan shows the boundary of a wetland and tributary along the north side of the Property. The Plans also show a tributary of Fleming Creek on the east side of the Property, which is approximately 25 feet from the lines of disturbance at the closest points. The Township is requiring and the Applicants agreed that that the berms along the east side of the Property must be inspected in relation to Applicant's Soil Erosion Control Permit and if necessary, improved so that they are constructed to adequately divert stormwater away from the tributary. There is a 50 -foot buffer between the Mining Activity and the wetland boundary, which is sufficient, provided however, Applicant must install a seven (7) foot tall fence on the south side of the wetland, and on the west side of the Fleming Creek tributary to eliminate unintended impacts to the wetlands or tributary. With regard to crushing operations, the Applicant has proposed, and the Township is requiring that no crushing activities occur within 300 feet of any neighboring residence in order to minimize potential noise impacts on the surrounding properties. Applicant shall revise its Site Plan to show that no crushing activities will occur within 300 feet of neighboring residences. With regard to the required reclamation plan, the Site Plan shows two reclamation concepts. Concept 4A shows two large lakes, and one small lake, with the existing main road still intact 8 Bodman_16712276_6 through the center. Concept 4B shows one large lake, with the main road re-routed to the north of the site along the wetland edge. The road leads to the existing parking/maintenance building area, which remains as uplands on the reclamation plan. The narrative states that the initial revegetation will be a cover crop of rye, wheat, or oat, but the owner will attempt to negotiate agricultural leases for crop production. If this isn't successful, the site will be seeded for wildlife habitat consistent with the Michigan Department of Transportation's ("MDOT") standard specifications. The ultimate proposed uses of the site will be agricultural, wildlife habitat or residential. The ordinance standard for a reclamation plan requires a sketch plan of the proposed use of the site once reclaimed. The two reclamation plans submitted by Applicant identify the areas that the applicant proposes as potential residential home sites. Concept 4A would provide for three lakes (one small lake and two large lakes, one being adjacent to the existing wetland), 14 -acres of residential uses, plus an upland conservation area. The Planning Commission requires, and Applicant agrees that Applicant shall provide detailed reclamation plans for Sub -Areas A and B to be reviewed and approved by the Township consultants in relation to this Resolution. Applicant shall submit more detailed reclamation plans for the remaining Sub -Areas C -H in the future when Applicant must re- apply for a CUP in accordance with the Ordinance. The Township will review more detailed reclamation plans in the future re -application for CUP. Regardless of the reclamation plan discussed in the future, the Planning Commission is requiring that Applicant, during any initial reclamation phase, install native plantings as set forth on Bio-Retention Plant List (in Section VIII of the Washtenaw County Water Resources Commissioner's Rules & Design Standards) for a native 25 - foot buffer around the created lakes, except in those areas identified by Applicant as inappropriate for native plantings which include boat launches and beaches for use by residences. With regard to the requirement that Applicant provide performance guarantees related to reclamation, prior to any Mining Activities occurring on the Property, the Applicant shall provide the Township a letter of credit (or alternatively a cash escrow) in the amount designated by the Township Consultants to guarantee restoration of the Property and to reimburse the Township Consultants in certifying conformance with the Reclamation Plan. Applicant, prior to conducting any Mining Activities on the Property shall also deposit a cash escrow with the Township in an amount to be determined by the Township in coordination with the Washtenaw County Road Commission to be used by the Township and County for providing additional dust control measures on Earhart Road, including, but not limited to periodic brining applications as well as periodic grading and gravel application. The Township Board shall set a reasonable escrow amount in consultation with the WCRC and the Applicant. When necessary, the Township and WCRC will coordinate to perform the additional dust control and grading and gravel application measures on Earhart. Such costs and expenses relating to the additional dust control, grading and gravel application measures shall be reimbursed to the Township from the cash escrow to be deposited by the Applicant pursuant to this Section. Last, with regard to the performance standards set forth in Section 74-594 of the Township Zoning Code, approval of the CUP is conditioned upon Applicant's adherence to all performance standard set forth in Section 74-594, as well as the conditions set forth in this Resolution. V. CONDITIONS — CUP AND PRELIMINARY AND FINAL SITE PLAN 9 Bodman 16712276 6 Based on the foregoing Standards and Findings, the Planning Commission recommends approval by the Township Board of the CUP and finds that, subject to the conditions as set forth above, as well as the following conditions, which shall run with the Property, no serious consequences will occur upon approval of this CUP: 1. Within one (1) year of approval of the CUP, Applicant shall plant evergreen trees within the 100 -foot buffer adjacent to the existing single family home to the south of the Property so that a proper buffer will be established by the time that the Mining Activities will be located closer to the southern boundary line of the Property. 2. Applicant shall plant native species identified on the Bio-Retention Plant List described above for the 25 -foot buffer around the lakes to be created in accordance with the Reclamation Plan, except in those locations designated for boat launches or docks. 3. Applicant shall not revise or modify the Preliminary and Final Site Plan without prior written notice to and approval by the Township. 4. In the event the Applicant or any subsequent owner ceases use of the Property as described in this Resolution for a period in excess of 24 months, the CUP may be revoked in accordance with the Code. 5. Applicant shall reapply for a new conditional use permit within five (5) years of final approval of this CUP by the Board of Trustees as required by Section 74-592 of the Township Code, 6. Applicant shall not (i) seek, apply for, or obtain approval for a designated Haul Route Permit from the WCRC for Earhart Road, (ii) utilize Earhart Road in a manner which exceeds County Normal Route or Class B vehicle axle weight, length or size limitations, and/or (iii) coordinate with the WCRC in any manner relating to improvement to Earhart Road prior to obtaining approval from the Township regarding the change in use. Applicant acknowledges and agrees that any change in the use of Earhart Road is a change in use under the CUP and will require an amendment to the CUP, or application for a new conditional use permit, in the sole discretion of the Township. 7. The Applicant and Township must sign a Development Agreement in a form acceptable to the Township, as required by Section 74-177 of the Code, and Applicant must deposit the performance guarantees as required by Section 74-592 of the Code for restoration of the Property and to cover the costs of the Township Engineer in certifying conformance, as well as a cash escrow with the Township to allow the Township and County to undertake additional dust control, grading and gravel application measures on Earhart Road. 8. Applicant shall remove all inoperable vehicles and equipment not used for Mining Activities from the Property within twelve (12) months of approval of the CUP. 9. In the event that a portion of the internal roadway located on the Property encroaches onto the neighboring property located at 4410 Earhart Road, Applicant shall move the portion of the road encroaching on the neighboring property to a location wholly located on the Property and which complies with the set -back and other requirements of the Township's Ordinance within thirty (30) days of approval of this CUP. Further, Applicant shall plant 10 Bodman_16712276_6 grass seed to restore the neighboring property in the location of the road encroachment. In the event that the road does need to be located, the Applicant shall work cooperatively with the neighbor to ensure access to the neighboring property at times reasonably convenient to the neighboring property owner to relocate the road and restore the area by planting grass seed. 10. Applicant shall not perform any concrete, cement of asphalt production on the Property in accordance with the Section 74-592. 11. The Owner, Applicant and their tenants shall comply with all comments, conditions and recommendations set forth in this Resolution and the Reports related to the CUP and Preliminary and Final Site Plan and any reports and comments of the Township Building and Zoning Official, Township Fire Chief, Township attorney and Township Utilities Department. 12. Applicant shall limit truck entering and exiting the Property to an average of forty (40) trucks per day during peak season, with a maximum of eighty (80) trucks on any single day. 13. Applicant shall track, compile and submit to the Township in the form of an annual report (unless requested more frequently by the Township), information regarding the vehicle traffic using Earhart Road and entering the Property. Specifically, the Applicant shall track the number of daily vehicle trips entering and exiting the site in relation to the Mining Activities and report those numbers, as well as the monthly daily average and monthly maximum counts. 14. Use of the Property shall be in accordance with this Resolution and other applicable laws and ordinances, including the Township noise, light and nuisance ordinances, and ordinances relating to hours of operation. 15, All truck staging shall be contained on the Property. Truck staging on Earhart or Joy Road is prohibited. Applicant shall assist the Township in enforcing this condition. 16. Crushing operations are prohibited within 300 feet of any neighboring residences. 17. Applicant shall not utilize chemicals in relation to the washing process of the Mining Activities (only water is permissible in relation to the washing process). 11 Bodman 16712276 6 18. Prior to any Mining Activities, Applicant shall provide the Township with updates of the Preliminary and Final Site Plan to address inconsistencies, requirements of the consultants' reports, and the terms of this Resolution. 19. Prior to creating a five acre lake on Property, Applicant shall establish and submit a plan to the Township to ensure that the planned lake will not impact the water level of surrounding wells and wetlands. 20. Applicant shall comply with all state and federal requirements for mineral mining, including any and all requirements a set forth in the Michigan Zo►iing Enabling Act, Act 110 of 2006, et. seq., MCL §125.3205. VI. RECOMMENDATION TO TOWNSHIP BOARD Based on the foregoing findings and standards and subject to the foregoing conditions, the Planning Commission recommends approval by the Township Board of the CUP for the Mining Activities and for approval of the Preliminary and Final Site Plan. RESOLUTION DECLARED ADOPTED. eter Kotila, Chair Planning Commission I certify that the foregoing is a true and complete copy of a resolution adopted by the Ann Arbor Charter Township Planning Commission, County of Washtenaw, State of Michigan, at a special meeting held on July 13, 2020, that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said. Act.. Dated: , 2020 12 Lee Gorman, Secretary Planning Commission nodman_l6112276_6 1 S. Prior to any Mining Activities, Applicant shall provide the Township with updates of the Preliminary and Final Site Plan to address inconsistencies, requirements of the consultants' reports, and the terms of this Resolution. 19. Prior to creating a five acre lake on Property, Applicant shall establish and submit a plan to the Township to ensure that the planned lake will not impact the water level of surrounding wells and wetlands. • 20. Applicant shall comply with all state and federal requirements for mineral mining, including any and all requirements a set forth in the Michigan Zoning Enabling Act, Act 110 of 2006, et. seq., MCL §125.3205. VI. RECOMMENDATION TO TOWNSHIP BOARD Based on the foregoing findings and standards and subject to the foregoing conditions, the Planning Commission recommends approval by the Township Board of the CUP for the Mining Activities and for approval of the Preliminary and Final Site Plan. RESOLUTION DECLARED ADOPTED. Peter ICotila, Chair Planning Commission • I certify that the foregoing is a true and complete copy of a resolution adopted by the Ann Arbor Charter Township Planning Commission, County of Washtenaw, State of Michigan, at a special meeting held on July 13, 2020, that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Dated: , 2020 12 Lee Gotman, Secretary Planning Commission Bodman,16712276 6 F�