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5.1. SR 10-18-2010REQUEST FOR ACTION TO ITEM NUMBER Ci Council 5.1. AGENDA SECTION MEETING DATE PREPARED BY Communi Develo ment October 18, 2010 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Plaisted Companies, Inc. to Amend Existing Conditional Use Permit to Allow Leaf Composting, Case No. REVIEWED BY CU 10-20 -Public Hearing ACTION REQUESTED Staff and the Planning Commission recommend approval of a conditional use permit to amend the existing conditional use permit to allow composting. BACKGROUND/DISCUSSION Plaisted Companies has performed composting operations at their facility for a number of years. In fact, the City had collected yard waste and given it to Plaisted's to compost, and ultimately mix with their product. With the decision to regulate composting businesses, Plaisted's is coming into compliance. The activity in the I-2 zoning district is regulated as a recycling processing center. There will be no individual drop off of material. Planning Commission Comments Planning Commissioners had no concerns with the request. Public Comments No comments fox ox against have been received FINANCIAL IMPACT None ATTACHMENTS ^ Planning Commission packet dated October 12, 2010 Action Motion by Second by Vote FOllow Up \\tsclient\N\Public Bodies\City Council\Council RCA\Agenda Packet\10-1&2010\CU 10-20 SR to CC 10-1&l0.doc ~~/ atY or Elk -~-, River +'~ '~ ~,, }` REQUEST FOR ACTION To Item Number Planning Commission 5.1. Agenda Section Meeting Date Prepared by Planning Items October 12, 2010 Rebecca Haug, Environmental Admire Item Description Reviewed by Request by Plaisted Companies, Inc. for Conditional Use Permit to amend existing CUP to allow leaf composting, Public Hearing Reviewed by -Case No. CU 10-20 Action Requested Staff supports a Planning Commssion recommendation of approval for the amendment as presented. Background/Discussion Plaisted Companies has made application to operate a leaf composting operation at their facility in Elk River. Plaisted Companies has entered into an agreement with the City of Elk River to remove the grass, leaves, and wood waste from the City's collection site. The material is then brought to Plaisted's facility to be mixed and placed in windrows. The material is monitored and turned until it is ready to be used. This process takes about eight months. This material is then used byPlaisted for potting soil, rain garden mixes, MNDOT soils, etc. A portion is also brought back to the City's collection site for residents to use. Plaisted is looking at a second phase of this program which would consist of hauling in material from other cities. They are working with a company who currently has contracts with other cities. The hours of operation will continue to be consistent with the current facility. Odors will be controlled by monitoring the heat and turning the piles as needed. This process has added 2-3 jobs at the facility. Financial Impact None Attachments Location Map • Site Plan General Information Location and Size Approximately 231 acres north of Sherburne County Rd 33 and west of hwa 169 Applicant Plaisted Companies, Inc. 60 Day Rule The application has been deemed complete as of September 13, Case File: CU 10-20 Page 2 Plaisted Companies, Inc Yard Waste Site 2010. The City must take action by November 1, 2010. Requested Action Approval of Conditional Use Permit I~ Overview Plaisted Companies, Inc. is seeking a Conditional Use Permit amendment to operate a leaf composting operation at their facility. The use would be limited to the southwestern portion of the mine. Based on aerial photographs, the nearest residential unit is 250 feet from the proposed area dedicated to composting operations. Analysis Expected typical concerns related to composting businesses include traffic, dust and storm water control regulations. The conditional use permit allowing the composting business refers to limitations. The regulations established by Plaisted's Conditional Use Permit, with regard to hours of operation, traffic access and off site distribution, dust and storm water control will be followed. Action Motion by Second by Vote Follow Up N:\Departments\CommimiryDevelopment\Plamung\Case Files\CUP\CU 10-20 Plaisted\PC staff report 10-5-10.doc ct rdy rr ~ 1 ~~s., _ Z 7 ~".~ " { Y~tr~ s` ~9 ~~m :~ r ~ k 'xkg ; :'S ... s ~~ Y . T P ~'. y r C ... ~.'"'~~,I 'd` .. ~ .. N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-20 Plaisted\Location Map.dwg, 9/30/2010 2:11:40 PM Plaisted Companies is requesting an amendment of our conditional use permit for the purpose of allowing leaf composting at our facility in Elk River. We currently have an agreement with the city of Elk River to remove the grass, leaves and wood waste from the city's collection site when full. We bring the components to our facility, mix them in the proper composting ratios and place them in windrows. We then monitor the temperatures weekly, turn the piles accordingly and in about eight months we have a useable compost material. The product is then screened to remove any debris, stones and woody material. As part of our agreement, the city then places a portion of this finished product back at the dropp off site so residents can load in small quantities as needed. The balance of the finished product is consumed by Plaisted Companies daily blending of potting soils, rain garden mixes, MNDOT soils, etc. This I believe has been a good project for both Plaisted Companies and the city. Before our partnership, the city was merely dumping the raw components in large piles at the city property on county road 12 and did not have the room or budget to compost the materials properly. Part two of our composting plan would be to haul in processed materials from other cities, process them in the same fashion and consume that material in our daily business. We are working with a company called Organic Technologies who has contracts with various cities to supply us with more raw components. Our hours of operation would be consistent with our current sand and gravel operation. There will be no consumer drop off sites at our facility and any sites proposed would be screened by the use of berms and greenery. Organic smell is controlled by monitoring the heat and turning the piles as needed. Raw components (ie wet grass) are quickly mixed with leaves and woodchips to aerate and defuse the odor. Overall, the advent of composting and horticulture blends have added approximately 2-3 jobs at our company, with additional growth of up to 5 new jobs in the near future. Composting is a critical step in reducing the volume of waste needlessly sent to landfills for disposal. We are proud to be a part of the solution. Plaisted Companies is requesting an amendment of our conditional use permit for the purpose of allowing leaf composting at our facility in Elk River. We currently have an agreement with the city of Elk River to remove the grass, leaves and wood waste from the city's collection site when full. We bring the components to our facility, mix them in the proper composting ratios and place them in windrows. We then monitor the temperatures weekly, turn the piles accordingly and in about eight months we have a useable compost material. The product is then screened to remove any debris, stones and woody material. As part of our agreement, the city then places a portion of this finished product back at the drop off site so residents can load in small quantities as needed. The balance of the finished product is consumed by Plaisted Companies daily blending of potting soils, rain garden mixes, MNDOT soils, etc. This I believe has been a good project for both Plaisted Companies and the city. Before our partnership, the city was merely dumping the raw components in large piles at the city property on county road 12 and did not have the room or budget to compost the materials properly. Part two of our composting plan would be to haul in processed materials from other cities, process them in the same fashion and consume that material in our daily business. We are working with a company called Organic Technologies who has contracts with various cities to supply us with more raw components. Our hours of operation would be consistent with our current sand and gravel operation. There will be no consumer drop off sites at our facility and any sites proposed would be screened by the use of berms and greenery. Organic smell is controlled by monitoring the heat and turning the piles as needed. Raw components (ie wet grass) are quickly mixed with leaves and woodchips to aerate and defuse the odor. Overall, the advent of composting and horticulture blends have added approximately 2-3 jobs at our company, with additional growth of up to 5 new jobs in the near future. Composting is a critical step in reducing the volume of waste needlessly sent to landfills for disposal. We are proud to be a part of the solution. ,,_. ,..~._ .._a,~.... :.,..~ .~.~. ~ .~.~. _ . b4 {~ q CA A k 1. 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F. r ,. ~' '', ~SY r~ ~~a~©~~ ' -~ ~~d "~ ry~i 1 `;~` s ~` v ~ s, 1 ~ ~ ~,.._ •,k . ~ M~. .~ ~ ~~~ ~; r .~ .3 >yw M "'w. ~~~ `~ `5 ~~.,W BOA, ~' 9 ip °~ri s lxl %7 ` ~~ >~ J ` ~~~ ~C~ V :~ a ~7,~ ~~ ~~ CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this day of , 2010, by and between the QTY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and Plaisted Companies Incorporated a Minnesota corporation, hereinafter referred to as (Operator); WITNESSETFL• WHEREAS, Operator has made application to City to amend an existing Conditional Use permit to allow a yard waste site on property legally described as follows: THE WEST HALF OF THE WEST HALF; EXCEPT THE EAST 415 FT. OF THE SOUTH 2, 775.36 FT.; AND EXCEPT THE WEST 400 FT. OF THE EAST 815 FT. OF THE SOUTH 493 FT., AND THE EAST 415 FT. OF THE SOUTH 2,775.36 FT. OF THE WEST HALF OD THE WEST HALF; EXCEPT THE SOUTH 520 FT. OF THE EAST 375 FT. OF THE SOUTH~X~EST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE NORTHEAST QUARTER OF SAID SOUTI-~AST QUARTER OF THE SOUTf i~X~EST QUARTER, AND THE NORTHEAST QUARTER OF THE SOUTH~X/EST QUARTER, AND THE SOUTI~EAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THE WEST 890 FT. OF THE SOUTH 734.05 FT., AND THE SOUTHEAST QUARTER LYING WEST OF HIGHWAY # 169; EXCEPT THE SOUTH 927.15 FT. ALL IN SECTION 15, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, MINNESOTA. Page 2 (the Propert~; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operator's request to amend the existing conditional use permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard on the application; and WHEREAS, the City Council by motion approved an amendment to the conditional use permit, allowing, a Yard Waste Site on the Property, subject to certain conditions, including that Operator enter into an agreement to amend the conditional use permit with City so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable ordinances; and NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: The Existing Conditional Use permit Recorded as Document # 301875 (recorded October 27, 1994, approved October 17, 1994), is hereby amended to include, in Section 3: (22) Yard waste site The Property may include a yard waste site, provided a Conditional Use Permit for a Yard Waste Site is approved. All other conditions of the Conditional use Permit remain in force and effect. IN WITNESS WHEREOF, the City and Operator have caused this Agreement to be duly executed on the day and year fast above written. QTY OF ELK RIVER OPERATOR/FEE OWNER Plaisted Companies, Inc. John W. Plaisted By: By: Its: Mayor Its: By: Its: City Administrator n:\departments\communitydevelopment\planning\case files\cup\cu 10-20 plaisted\gtavcup-plaisted-dh chgs.doc Page 3 STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of 2010 by Stephanie A. Klinzing, the Mayor of THE QTY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF SHERBURNE ss. The foregoing instrument was acknowledged before me this day of 2010 by Lori Johnson, City Administrator of THE QTY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 2010, by ,the of a Minnesota corporation, on behalf of the corporation, fee owner of a portion of the subject property and Operator on the subject property. Notary Public This instrument was drafted by: City of Elk River Environmental Department 13065 Orono Parkway Elk River, MN 55330 n:\departments\communiry developmern\plannuig\case files\cup\cu 10-20 plaisted\gravcup-plaisted-dh chgs.doc