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7.2. SR 05-16-2016City of Elk az — River Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date I Prepared by Public Hearin� May 16, 2016 Chris Leeseber , Senior Planner Item Description Todd Plaisted— 11555 205th Avenue NW ■ Interim Use Permit for composting site Reviewed by Zack Carlton, Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Interim Use Permit (IUP) with the following conditions: 1. The yard waste site use shall tenninate ten years from the date of approval (May 16, 2026) or upon the termination of the conditional use permit for mining operations on the property, whichever occurs first. 2. Drainage for on-site functions shall be as shown on the submitted site plan. 3. Only yard waste and no other types of solid waste shall be accepted. 4. The yard waste site shall be located no closer than 300 feet from any residentially used property as measured from the edge of the nearest compost pile to the nearest residentially used property. 5. The yard waste site shall be enclosed by fencing or shall limit vehicular and pedestrian access through the use of berms, trees or other means. 6. The site shall be maintained cleanly, including the immediate removal of waste materials deposited on or near the site which cannot be composted 7. No connection to Proctor Road shall be permitted. 8. Hours of operation shall be limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m. 9. The sale of product shall be limited to wholesale distributors. 10. All equipment shall be located as to reduce dust to adjacent properties. 11. The piling, storing, or keeping of old machinery, equipment, junk, debris, or abandoned motor vehicles, shall be prohibited on this site. Background/Discussion Case No. IU 16-01 The property is zoned I-2 (Medium Industrial) with a Mineral Excavation Overlay District (ME). The applicant is seeking an IUP to operate a yard composting facility. The subject property is 129 acres in size and is part of the overall mining operations in the area. The property owner will be contracting with OTI Inc., a professional composting company. OTI will process all of the material brought to the site, utilizing composting turning machinery to help facilitate the process and keep odors to a minimum. The material will be screened to a useable soil amendment product. The facility will be operated by one or two people from 7:00 a.m. to 7:00 p.m. Monday through Saturday. P a w E R E U 6 Y NaA f RE] Analysis Zoning Section 30-1835(b)(2) ME mineral excavation overlay district states: (2) Yard waste sites, as an interim use, provided: a. The yard waste site use shall terminate ten years from the date of approval or upon the termination of the conditional use permit for mining operations on the property, whichever occurs first. b. The city may require that an escrow be deposited to ensure that the conditions of the interim use are adhered to. c. Only yard waste and no other types of solid waste shall be accepted. d. The yard waste site shall be located no closer than 300 feet from any residentially used property as measured from the edge of the nearest compost pile to the nearest residentially used property. e. The yard waste site shall be enclosed by fencing or shall limit vehicular and pedestrian access through the use of berms, trees or other means. f. The site shall be maintained cleanly, including the immediate removal of waste materials deposited on or near the site which cannot be composted. Comprehensive Plan The property currently has a land use designations of Development Reserve and Mining. The Development Reserve land use identifies areas held in reserve for future development. These locations are well suited for various development options in the future. While not currently served by municipal utilities, intense development is expected in the future due in part to the size, access, and visibility of much of the area. The primary objective of the Mining land use category is to allow the current mining use of the land and address future land use when development becomes appropriate. A composting facility is compatible with the land use objectives. Transportation/ Circulation Access to the site will be off of Holt Street/205"' Avenue through neighboring properties the applicant owns. No access is proposed on Proctor Road. Grading/ Drainage Drainage, as shown on the submitted site plan, is planned to sheet drain to existing low areas. The applicant will be required to ensure drainage for on-site functions is as shown on the submitted site plan Landscaping The base grade of the north end of the proposed composting area is approximately 50 feet lower than Proctor Road. The base grade of the south end of the proposed composting area is approximately level with Proctor Road and 205''' Avenue. Benning exists along Proctor Road and 205''' avenue to aid in screening the site. No new landscaping is being proposed or recommended. Applicable Regulation Before the city council may authorize an Interim Use, it must make the following findings, as outlined in Sec. 30-658 : (1) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. The period of time is identified as when the property is platted or sold. These events would likely happen when the area is to be developed and would not have an adverse impact on the properties. (2) There is adequate assurance that the property will be left in suitable condition after the use is terminated. The area will be left in similar conditions as the overall mining operations in the area will be. (3) The use is similar to uses allowed in the Zoning district in which the property is located. A composting facility is compatible with the uses in this zoning district. (4) The date or event that will terminate the use can be identified with certainty. The event is identified. (5) Authorising the use avill not impose additional costs on the public if it is necessary for the public to take the property in the future. Additional cost will not be imposed. (6) The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. The applicant and user agree to all conditions. (7) The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, orprovide some other form of security, to ensure compliance with this criteria. The termination event is deemed adequate. (8) Authori.Zation of the interim use will not result in adverse effects on the public health, safety, or welfare. It will not result in adverse effects on the public health, safety, or welfare. (9) The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's honing regulations. The use is consistent and conforms to the Comprehensive Plan and zoning regulations. Planning Commission meeting summary After staff presented the application, no one spoke for or against the request. The Planning Commission unanimously recommended approval. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Site Plans ■ Aerial photo I rrj 75-1091200 C?.itr... 75. 7503=0110 p;75-10� X400' � 75-110-4400 , rt 1 75 111 3300 4 21 i Tri AVLIT I�fL'a°�� 75-111 4iD1 Y + 75-116-1200 P '`~ 75-111 1201 755116-"1100• / I Ov 75-115-2401 " 75-116-2100 _ 75-115-2200 ,. OT - a� 75;1153100:. : { y crt 75-116-4200 ' a , I1 - a-406 n L H.AVt NVti1F 2 5TH U� r F 75-122-2204 � +1! r-121-1200 75-122E1205 {: WAVIr-122-22 `[ 75,818-0i0I0 110) ILA 44AA T(--)dd Plaisted Interin-1 U Permit Case o: IU 16-01 -01 ver Plaisted. Companies kt(�P�' I NCORPOR ATE D March 28, 2016 Plaisted Companies, Inc. is applying for an Interim Use Permit to continue the yard composting operation on parcel 75-115-2200. This began as a joint venture between Plaisted Companies, Inc. and The City of Elk River for a place for the city to bring the yard material to open up space at the Public Works Department. Plaisted Companies now has a professional company, OTI, Inc. operate the yard composting area. OTI puts the material in rows to begin the composting process and they utilize a composting turning machine to help facilitate the process and keep any smell to a minimum. Once the composting process is complete, OTI will screen the material to a usable product which is used as a soil amendment, in garden and planting soils and as a rain garden additive. The total operation is operated with one to two people during the normal hours of our sand and gravel operation. The composting sites are located within our sand and gravel operation and all storm water is retained on-site. There are no utilizes or trees within the composting area. Thank you, Mark Duitsman Chief Operating Officer P.O. Box 332 • 11555 205th Avenue NW • Elk River, MN 55330 U.S.A. • wwvj.plaistedcompanies.com i el 763.441.1100 or 1.377.564.8013 ®l=ax 763.441.7732 PRIM AV I.. iwm N� 'k SAY mwArt jp Z Interim Use Permit Todd Plaisted ver f 5-1:"-440-( 5 -'I'l :.-'1't00 401 200 75-115-3100 -7q 7 i-llAO6 i - LL r tA - 75 -116 -2105 LO,5,TH AVt NVV �� I 7 75-122-2200 5 -121-12 00 0 21 -''10 0 75-122A205 75-122-2200 Todd Plaisted Interim Use Permit C El Case No: IU 16-01 River Background ■ Yard composting facility ■ 129 acres ■ Professional company, OTI ■ Turning machine —windrows ■ Keep odors to a minimum ■ 1-2 employees 0 Hours: 7:00 a.m. to 7:00 p.m. Monday through Saturday 1. I: ��,' -•-_ -_ -_-----•—•..�-tea- .� .� � . { �� La N 1 Z� CUP Requirements ■ Staff and the PC analysis of the application shows compliance with all nine of the conditions required for approval of the IUP Planning Commission ■ No one spoke for or against the request ■ PC no concerns ■ PC unanimously recommended approval Action Requested ■ Approve, by motion, the Interim Use Permit (IUP) with the conditions outlined in the staff memo.