7.4. SR 07-18-2016City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
7.4
Agenda Section
Meeting Date
Prepared by
Public Hearin1july18,
2016
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Lake State Recycling, 19131 Industrial Blvd
Zack Carlton, Planning Manager
■ Conditional Use Permit to Amend CUP
Reviewed by
(CU 16-05)
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit (CUP) permitting a recycling processing facility at
19131 Industrial Blvd. NW with the following conditions:
1. The Conditional Use Permit shall not be recorded until all applicable conditions have been
substantially completed.
2. The authorized use shall not be considered a legal operation until the Conditional Use Permit is
recorded.
3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire.
4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive
approval of required building and sign permits before construction may begin.
5. The building shall meet all building and fire codes.
6. All required state and county licenses shall be obtained.
7. Hours of operation shall be limited to 8 a.m. - 10 p.m. Monday through Sunday.
8. With the exception of gas pumps or other products the city deems hazardous, all product
breakdown must occur within the building.
9. A six-foot tall chain link fence shall be installed along the east side of the outdoor storage area.
The west side of the outdoor storage area shall be a six-foot tall privacy fence. Vinyl, or other,
slats in chain link fencing shall not be used.
10. There shall be no storage of any materials and/or products outside of the permitted outdoor
storage area.
11. Vehicles or equipment shall be stored for transport only and shall not be salvaged.
12. Materials shall not be stacked higher than six (6) feet in the outdoor storage area unless in an
enclosed dry van.
13. If the outdoor storage area is to be increased more than 45,000 square feet, an amendment to the
CUP shall be required.
14. No more than ten (10) dry vans shall be used for storage.
15. A landscape plan, submitted by the applicant, showing the location of 1 overstory, 7 ornamental,
and 2 deciduous trees.
16. All sources of artificial lights shall be so fixed, directed, designed, or sized that the minimum
subtotal of their illumination will not increase the level of illumination on any nearby residential
property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5
footcandle on any part of the property.
P a w E A E U s r
NaA f RE]
Background/Discussion
Case No. CU 16-09
The City Council approved a Conditional Use Permit (CUP) for the subject property on March 21, 2016.
The conditions of approval are outlined in attached Council memo. Since that meeting, the applicant has
contacted staff to request deviations from the approved conditions. In order to do this, they must amend
the approved CUP. The current application includes several modifications to the previous approval.
These include changes to the hours of operation, product breakdown, site fencing, dry van storage, and
landscaping.
Planning Commission meeting summary
Staff updated the Planning Commission on the desired changes the applicant wanted with this
amendment to their approved CUP. City staff did not agree with all of the requested changes and they
are outlined in the commission Action Requested memo dated June 28, 2016.
Vehicles
The commission was informed that staff recently became aware the facility accepts vehicles as part of
their operation. Staff updated the commission on the definition of a recycling processing center, which
the applicant has applied for and is categorized as. City Ordinance defines the use as land or buildings wbere
reusable materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including metal,
rags, plastic, paper, cardboard, rubber (excluding tires, glass and wood products, or where segregated waste materials are
reprocessed into usable, salable products. The salvage of automobile and macbinerparts are not included and shall be
prohibited at a recyclingprocessing center. Staff had condition stating no vehicles or equipment shall be stored
or recycled. The commission did not think that storing vehicles on site is the same as auto salvage. The
commission made the recommendation that vehicles or equipment shall be allowed to be stored for
transport only and shall not be salvaged.
Since the meeting, staff has reviewed the ordinance as it relates to salvage and junkyards. The ordinance
defines junkyard as:
land or buildings where products resulting from the wrecking of vehicles or other machinery are bought, sold, excbanged,
stored, baled, cleaned, packed, disassembled or bandled. The outdoor storage of two or more inoperative motor vebicles
sball also be considered a-iunkyard.
By definition, they are requesting to operate a junkyard. Junkyards are only allowed in the General
Industrial (I-3) district. The subject property is zoned Light Industrial (I-1). If the Council desires this
specific they should direct staff to process an ordinance amendment to allow the use in all I-1 zoning
districts within the city. Currently, the use is only allowed in areas that are outside the Urban Service
District.
The applicant is not currently licensed or allowed to take vehicles or tires (or anything) through their
county license. The applicant has applied for the required license but has not been granted a license and
therefore is operating in violation of their existing license. The county could license them to take vehicles
but as stated above, junkyards are not an allowed use on the subject property. The applicant maintained a
license with Sherburne County at their previous location, but the relocation requires a new review and
approval.
Staff received an email from the applicant's consultant on July 12, 2016, questioning several things related
to vehicles and junkyards. That email and staff's response letter is attached.
Fencing
The applicant is requesting to only install chain-link fencing with vinyl slats along the west side of the
outdoor storage area. They do not feel they need to have security fencing along the east and south sides.
Staff recommended a six-foot tall chain link fence shall be installed along the east and south sides of the
outdoor storage area. The west side of the outdoor storage area shall be a six-foot tall privacy fence. The
commission discussed this at great length and stated fencing does not just function as screening/privacy
but it also delineates where the outdoor storage can extend to. The commission recommended a six-foot
tall chain link fence be installed along the east side of the outdoor storage area and a six-foot tall privacy
fence along the west side. Since their intent is to define the outdoor storage area and prevent that area
from expanding beyond what is approved, staff recommends a four -foot high chain link fence be
installed along the east and south sides and concurs with the Commission recommendation for a six-foot
tall privacy fence installed along the west side. Staff continues to recommend against vinyl slats.
Trees
The commission agreed that the applicant can continue to work with staff to come to a final number of
trees for the site. Staff is still recommending the 10 trees based on our site visit. Staff will complete
another site visit with the applicant prior to the council meeting.
Recommendations
The commission unanimously recommended approval of the request with the 15 conditions outlined in
the Action Requested section. Staff recommends the following changes:
8. A four -foot tall chain link fence shall be installed along the east and south sides of the
outdoor storage area. The west side of the outdoor storage area shall be a six-foot tall
privacy fence. Vinyl, or other, slats in chain link fencing shall not be used.
Condition #11 be removed as it is not allowed in the I-1 district.
Financial Impact
None
Statutory Review Period
Per State Statute X15.99 the required 60 -day review period ends on July 30, 2016.
Attachments
■ Planning Commission Staff Report dated June 28, 2016
■ Emails and photos
■ Annie Deckert Email dated 7-12-16
■ Staff's Response to Annie Deckert Email dated 7-12-16
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19131 Industrial Blvd -- Elk River, MN 55330 — 763-241-4000
May 31, 2016
Lake State Recycling Inc. Narrative - Amendment to CUP
On January 25, 2016, we submitted a CUP application for our new location, located at 19131 Industrial
Blvd. It was reviewed by the Planning Commission, and unanimously approved with 15 conditions on
March 21, 2016.
Upon beginning to move into our new location, based upon existing site conditions, surrounding
properties, and the nature of our business, we are requesting an amendment to the CUP to best ensure the
viability, sustainability and existing exterior integrity of our new location.
Of the 15 conditions, we are asking for the following changes:
Condition #6 - Hours of Operation - based upon the nature of our business, and occasional weekend
events (i.e. Elk River's recent city-wide cleanup event), we are asking to add "occasional weekends" to
our hours of operations. Additionally, should our business continue to grow as planned, we may add
Saturday mornings to best serve the public's needs.
Condition #7 - Product Breakdown - based upon past discussions with Elk River Fire Marshall Cliff
Anderson, he has suggested he prefers that any/all breakdown of gas pumps be done outside, for safety
purposes. With the exception of any recommendations from the City and/or Fire Marshall, we intend to
conduct all product breakdown inside of the building.
Condition #8 - Outdoor Storage Area enclosure - we have enclosed a site map for your review,
depicting our proposed outdoor storage area (approximately 20,000 sf), privacy fencc/gate, and existing
landscaping. As you can see, our proposed storage area is located on the SE side of our building and is
surrounded by the following:
• North - our outdoor storage is not visible from the North
• West - our outdoor storage will be screened by a chain link (with privacy slats) privacy fence/gate
• East - our outdoor storage is over 150' away from Vision Enterprises, which is bordered by a
chain link fence, and not visible from the general public
• South - our outdoor storage is bordered heavily by a row of mature trees, located primarily on the
vacant parcel, owned by the Elk River EDA (not developable)
We have enclosed examples of our proposed fence/gate, and feel this is sufficient not only from a
screening perspective, but from a security and financial feasibility perspective as well.
The area included in blue would be used for outdoor storage in the future, should the need arise. At this
point, we plan on using the red area only, however want to include the blue area, should the space be
needed in the future.
Condition #12 - Dry Van storage - we are asking for this condition to be omitted; staff indicated this
was based off our narrative, however, based upon our business, it's challenging to quantify the number of
vans we use for storage. Often, we have none; other times we could have up to ten. Regardless, any/all
vans used for storage will be located in the building, or outdoor storage area.
Condition #13 - Landscaping - when we initially applied for the CUP, it was in the middle of winter;
now that Spring has arrived, we have noticed that the 35 trees surrounding our property (on, abutting, and
around) are mature and evenly placed throughout our property. We are unable to plant new trees on the
east end of the property due to the power lines, and planting additional trees would change the entire
dynamic of our yard, resulting in an over -planted and cluttered look. Furthermore, of the eleven
developed parcels in our neighborhood, it appears we have the highest number of mature trees, are the
most "secluded" (located in the SE corner), and feel that adding additional landscaping would
compromise the integrity of the area.
On Friday, May 27, 2416, city staff (Zack Carlton and Chris Leeseberg) were kind enough to meet us on-
site, to discuss our property, and proposed CUP amendments. We are appreciative of their time assisting
us through this process, and thank them, the Planning Commission and City Council, for their time in
reviewing our request to amend our CUP to best assist us as we continue to grow our business in the City
of Elk River.
Request for Action
To
Item Number
Planning Commission
6.2
Agenda Section
Meeting Date
Prepared by
Public Hearin
February23, 2016
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Lake State Recycling — 19131 Industrial Blvd. NW
Zack Carlton, Planning Manager
Conditional Use Permit to allow recycling
Reviewed by
operation, Case No. CU 16-05
Action Requested
Recommend, by motion, approval of the Conditional Use Permit (CUP) permitting a recycling processing
facility at 19131 Industrial Blvd. NW with the following conditions:
1. The Conditional Use Permit shall not be recorded until all applicable conditions have been
substantially completed.
2. The authorized use shall not begin until the Conditional Use Permit is recorded.
3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire.
4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive
approval of required building and sign permits before construction may begin.
5. The building shall meet all building and fire codes.
6. Hours of operation shall be limited to 8 a.m. - 10 p.m. Monday through Friday.
7. All product break down must occur within the building.
8. The outdoor storage area shall be completely enclosed with a six foot tall privacy fence. Chain
link fencing with vinyl slats is not permitted.
9. There shall be no storage of any materials and/or products on the property outside of the
outdoor storage area.
10. Materials shall not be stacked higher than six (6) feet in the outdoor storage area unless in an
enclosed dry van.
11. If the outdoor storage area is to be increased more than 10,000 square feet, an amendment to the
conditional use permit shall be required.
12. No more than three dry vans shall be used for storage.
13. A landscape plan showing the 15 trees shall be provided to include in the City Council staff
report.
14. All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum
subtotal of their illumination will not increase the level of illumination on any nearby residential
property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5
footcandle on any part of the property.
Background/Discussion
Lake State Recycling wishes to relocate their existing business to a 30,000 square foot building at 19131
Industrial Boulevard. The property is zoned 1-1 (light industrial) where Recycling Processing Centers
require a Conditional Use Permit (CUP). Outdoor storage allowed as accessory to principal use.
PR/ERER R1
NATUR
The applicant is seeking a CUP to operate a recycling outlet for ferrous and non-ferrous metals and all
forms of electronics. They currently operate in a building in the same development but have outgrown
that structure.
They currently employ nine full time employees and add 4-6 temps during peak time of the year. The
hours of operation will be Monday - Friday 8 a.m. - 5 p.m. (10 p.m. time to time)
Analysis
Outdoor Storage
The outside storage area will consist of (2) 8 -yard dumpsters, (3) 40-53' dry vans, a 30 -yard roll off, and
gas dispensers. The outdoor storage, approximately 10,000 square feet in size, will be located on the
southeast portion of the site on an existing gravel area. Staff is recommending screening, size, and height
limits to the outdoor storage area.
Transportation/ Circulation
There are two access points off of Industrial Boulevard to the site. One is on the north side of the
building accessing the parking lot and the other is on the south side of the building accessing the product
drop -.off location.
There are currently 32 parking spaces and the ordinance requires 16 stalls.
Landscaping
Per ordinance, 35 trees are required. In situations where the landscaping requirements are not met, the
city has required modifications in scale with the proposed business. Staff recommends that a total 15
overstory trees be added.
Lighting
It does not appear any site lighting is being proposed.
Comprehensive Plan
The comprehensive plan guides the property for Industrial. The Industrial land use includes all forms of
businesses with manufacturing, distribution, warehousing or other industrial use and is commonly
referred to as "Light Industrial', "Medium Industrial', or "General Industrial." The majority of Elk River
industrial development is classified as "Light Industrial'.
The proposed use is consistent with the comprehensive plan.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
Vill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
As this is an industrial use in an industrial zoned district, the proposed use will not endanger,
injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity
or the public health, safety, morals, comfort, convenience or general welfare of the
neighborhood or the city.
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2. Dill be consistent with the comprehensive plan.
The comprehensive plan guides this property for industrial uses and will be consistent with the
comprehensive plan.
3. Dill not impede the normal and orderly development and improvement of surrounding vacant pmperty.
There is one lot encumbered mostly by wetlands that is vacant in the surrounding area. The
orderly development will not be impeded.
4. Will be served adequately by and ivill not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and
will not, in particular, create trafc congestion or interference with trafc on adjacent and neighboring public
thoroughfares
It is served by these services.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations
It is an industrial zoned area and these types of activities are expected.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
It will not result in the destruction, loss or damage of a natural, scenic or historic feature of
ma)or importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the pmposed use in the city.
It will fully comply with all other requirements of this Code.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
Financial Impact
None
Attachments
■ Location Map
■ Applicants Narrative
■ Site Plans
■ Various Photos of Site And Equipment
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16.docx
Lake State Recycling, Inc.
12698 Industrial Blvd. Suite# B • Elk River, MN 55330 ' 763-241-4000
January 25, 2o16
Lake State Recycling Inc. narrative/ Classification, Recycling Process Center w/outdoor storage
Lake State Recycling Inc. has been operating out of the current address since April I", 2011 under its current
owners, Harley Hanson and Chris Baumgardt. We started in the Elk River area occupying a modest 16,000 sq. ft..
facility. Through the past couple of years we have developed excellent relationships in the local community
creating the need to expand. We have discovered a building located less than a'/4 mile from our current facility.
The location of the move minimizes the moving cost to us and also the loss of our current customer base.
What we do at Lake State is provide an outlet for Ferrous and Nan ferrous metals. We also recycle all forms of
electronics. In the brief time we have been working in Elk River we have gone from 3 to 9 full time employees,
During peak times of the year we will work with temp services and hire 4-6 more temp positions. On average we
recycle over 1,440 tons of ferrous metals annually. Also, over 3,000 tons of Non-ferrous, Aluminum, Copper and
Stainless Steel will be processed annually. Our Electronics division will process over 1500 tons of e -waste. All e -
waste is sorted and de manufactured in order to maximize profits.
Ferrous metals are either dropped off by the customer or picked up with our trucks. From there they are brought
into our facility for sorting and identification. We can either generate a check for payment on the spot or pay at
whatever interval the customer desires. We handle the nonferrous metals the same way. Our system is a
technologically advanced software system designed for our industry. It will take the customer's I.D. and picture..
It also saves all transactions along with pictures of every commodity with a date and time stamp.
For the electronics, we collect at our door or customer site. In this process there are some fees we charge in
order to process the electronics efficiently. We are fully licensed and bonded. We have been a registered
Collector and Recycler with the Minnesota Pollution Control Agency since we established the company in 2011.
In the new location we will be conducting business from 8 am to 5 pm Monday through Friday. We very seldom
work weekends. From time to time we work no later than to pm. There are currently 32 parking spaces at the
new facility which is more than ample. Currently our outside storage consists of 2-8o yard dumpsters, 3 40-53'
dry vans and an occasional 30 yard roll off. I have attached pictures with the application for everyone to see what
is being explained. We will also be storing gas dispensers outside. 1 have also labeled the location on the site
plan. Again there is a picture attached.
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Elks — -
Rive
Request for Action
7o
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
I
Prepared by
Public I Iearin
March 21, 2016
Chris L.eeseber , Senior Planner
Item Description
Reviewed by
Conditional Use Permit to Allow a Recycling
rack Carlton, Planning Manager
Processing Center at 191.31 Industrial Blvd. NW
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit (CUP) with the following conditions:
1. The CUP shall not be recorded until all applicable conditions have been substantially completed.
2. The authorized use shall not begin until the CUP is recorded.
If the authorized use ceases for more than six months, the CUP shall expire.
4. The CUP is not a building permit and the applicant must apply for and receive approval of
required building and sign permits before construction may begin.
5. The building shall meet all building and fire codes.
G. Hours of operation shall be limited to 8:04 a.m. —10:00 p.m. Monday through Friday.
7. All product break down must occur within the building.
8. The outdoor storage area shall be completely enclosed with a six foot tall privacy fence. Chain
link fencing with vinyl slats is not permitted.
9. There shall be no storage of any materials and/or products on the property outside of the
outdoor storage area.
10. Materials shall not be stacked higher than six (G) feet in the outdoor storage area unless in an
enclosed dry van,
11. If the outdoor storage area is to be increased more than 20,000 square feet, an amendment to the
conditional use permit shall be required.
12. No more than three dry vans shall. be used for storage.
13. A landscape plan showing the 10 trees shall be provided to include in the staff report.
14. All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum
subtotal of their illumination will not increase the level of illumination on any nearby residential
property by more than 0.1 foot-candle in or within 25 feet of a dwelling or by more than 0.5 foot-
candle on any part of the property.
1 '). The outdoor storage area shall be covered with an approved surface.
Background/Discussion
Case No. CU 16-05
Lake State Recycling wishes to relocate their existing business within Elk River to a 30,000 square foot
building at 19131 Industrial Boulevard. The property is zoned I-1 (light industrial) where Recycling
Processing Centers require a CUP. Outdoor storage is permitted when accessory to a principal use.
Template Updated 4/14 [NATURE]
The applicant is seeking a CLIP to operate a recycling outlet for ferrous and non-ferrous metals and all
forms of electronics. They currently operate in a building in the same development but have outgrown
that structure.
They currently employ nine full time employees and add 4-6 temps during peak times of the year. The
hours of operation will be Monday through Friday 8:00 a.m. — 5:00 p.m. (until 10:00 p.m. as needed)
The outside storage area will consist of two 8 -yard dumpsters, three 40-53' dry vans, a 30 -yard roll -off,
and gas dispensers. The outdoor storage, approximately 10,000 square feet in size, will be located on the
southeast portion of the site on an existing gravel area. Staff is recommending screening, size, and height
Emits to the outdoor storage area.
Planning Commission meeting summary
During the public hearing, the property owner clarified the gravel area on the aerial shown during the
presentation had already been upgraded to a class -5 surface. This was in reference to condition #15.
Staff explained this condition was being recommended for any future outdoor storage expansion areas.
The Planning Commission had no concerns and unanimously recommended approval of the request.
Financial Impact
N(}Ile
Attachments
■ l'l,umMg Commission. Memo dated February 23, 2016
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June 26, 2016
Lake State Recycling Inc. — Request for Action response
In response to the staff report posted 6-23-16 LSR Inc. has the following responses.
Condition #6 - We are pleased with the hours of operation and have no issue with the proposed times
and days.
Condition #7 — We also feel this is appropriate.
Condition #8 — On May 27th, 2016, both Zach Carlton and Chris Leeseberg were invited to LSR, Inc. for a
walk through at our property. Myself and Chris Baumgardt both expressed it was unnecessary to
enclose the entire property. We proposed installing a privacy fence (chain link w/privacy slats) and a
gate on the west entrance. The entire purpose for inviting both Zach and Chris to the property was to
show first hand, how secluded and private our south side of the building is. Going back to our original
narrative we feel this is more than adequate for this location.
Condition #10 —This item was never part of the original CUP. The other tenant buys and sells
equipment and LSR recycles automobiles. We do not however process anything on site. We stage
enough cars to fill a semi. This condition needs to be omitted.
Condition #13 — We would still like this omitted.
Condition #14 — We feel the landscaping proposal is unreasonable. Going back to the original narrative,
this is a mature lot. This particular lot has more trees located on it then the surrounding buildings. We
have conducted our own count and have come up with a significantly higher number then reported. We
were not notified when a city representative would be out. We would have liked to be part of that
process. Adding more trees will merely add more up front cost and create a non -aesthetically pleasing
store front.
In closing both Chris and I hope we can agree on these terms. In regards to the fence scenario, we were
under this impression during the walk through that the fence was only necessary for security. Not
privacy and that it would be our decision to make. Not one required by the city. We also have a row of
40' pines on the north property line. On the south property line there is a swamp that is heavily
populated with trees. This provides a tremendous amount of screening.
We are both active in the ER Chamber of Commerce. Chris is heavily involved in the St Francis Hockey
Association. I am involved with the Elk River Cub Scout Pack 97 and I just was voted in as an Energy City
Commissioner. Our main goal and daily priority is to expand the recycling movement. We work with
several levels of city departments providing exceptional local service. We take pride in our business and
our building.
Respectfully,
Harley Hanson
Lake State Recycling, Inc
ElkOty
*;::z,1
River
13065 Orono Parkway
Elk River, MN 55330
June 28, 2016
VIA EMAIL: h.hanson228@gmai1.com
RE: Response letter dated June 26, 2016
Dear Mr. Hanson
I read through your responses to the request of action and the emails between you and Mr. Carlton.
Condition #8 — We must have had a misunderstanding on the fencing on the east and south sides.
We thought we were discussing the need for screening when we were out there and realized it was
not necessarily beneficial. If the Planning Commission believes fencing is not required, they can
make that recommendation. Staff will continue to recommend that vinyl slats not be used for the
reasons outlined in the June 28, 2016 Planning Commission Request for Action.
Condition #10 — We were unaware you recycled automobiles and we saw two of them there the day
we counted trees. Recycling processing centers, which you are categorized as, are defined as land or
buildings wbere reusable materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or
handled, including metal, rags, plastic, paper, cardboard, rubber (excluding tires, glass and wood products, or wbere
segregated waste materials are reprocessed into usable, salableproducts. The salvage of automobile and macbmey parts
are not included and sball be probibited at a recycling processing center. We cannot remove that condition
without amending the city ordinance. So everyone is on the same page, can you please provide me a
Est of everything you process at your facility so I can provide it the Planning Commission/City
Council?
Condition #13 — Staff would still recommend this based on your narrative of up to ten. The
Planning Commission can recommend something different.
Condition #14 — When we visited the site, we came up with a total of 26 tree credits. I have
attached an exhibit showing the trees we measured and counted. We found 13 trees in the "front
grass" area. The 24" tree is technically in the right-of-way but we are giving you two credits for it.
There are what we determined to be 13 tree credits in the southeast area. Of these, there are about
10 of them grouped together (attached photo) and act as maybe one or two trees, but the ordinance
does not indicated a spacing requirement. In our determination, the trees to the south are not
located on your property. It did appear that a 16" tree might be, so we gave you two credits for that
one. We did not give any credit for the coniferous trees along the north side as those are on the
adjoining property.
Your email to Zack Carlton on June 27, 2016 indicated you counted 54 trees on your property. Can
you please provide an exhibit showing the 54 trees so we can determine what, if any, we missed?
Phone: 763.635.1000
www.ElkRiverMN.gov
p01EREORY
Af- U®E
In regards to your comment of having more trees on your property then the surrounding buildings,
I have attached an aerial of the development highlighting your trees in red and the other trees in
green.
Please let me know if you have any other questions.
Sincerely,
Chris Leeseberg, Senior Planner
Ph: 763.635.1033
cleeseberg@E1kRiverMN.gov
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Lake State Recycling, Inc.
19188 Industrial Blvd. Suite# B • Elk River, MN 55330 • 763-241-4000
June 28, 2oi6
RE: Response to Mr. Leeseberg
Dear Mr. Leeseberg,
My business partner Chris Baumgradt and I just reviewed your letter.
We did go back outside to take pictures. There are a couple of discrepancies we found. I would like to point out
that what our actual property line and your determination are two very different approaches. I would also like to
remain factual on the matter and stick to the surveyed property line.
With that being said, none of the trees on the south property line were counted. Except for the 16" tree
described in your letter. Also, it is our conclusion that several trees around the building itself were overlooked. I
have attached these pictures. I would like to understand why none of the shrubs or the trees next to the building
were counted. There is a full landscaped area with mature trees and shrubs. Admittedly, they are overgrown
and in dire need or trimming but they are there.
In regard to the automobiles recycled at LSR. Last year we approximately recycled over zoo automobiles. It is
our company policy not to disassemble or process any of these vehicles. Meaning, no fluids are even touched.
We collect enough cars to fill a semi which consists of 6-io vehicles. The max time a vehicle spends on the
ground here is maybe io days. This year we have been averaging roughly 3-5 autos/week. We also have been
recycling over 250 tons of shred iron out of this location per month. This is a good revenue stream for us and
provides the local residents a place to dispose of their unwanted vehicles.
In closing I hope we can recount trees with a LSR representative present to alleviate the confusion. If you have
any other questions, give us a call.
Respectfully,
Harley Hanson
Owner
Lake State Recycling Inc.
612-36o-4453
Leeseberg, Chris
From: Harley <harley@lakestaterecycling.com>
Sent: Tuesday, June 28, 2016 5:09 PM
To: Leeseberg, Chris
Cc: chris@lakestaterecycling.com
Subject: Response
Attachments: 6-28-16 Response.docx
Chris,
I have attached an explanation letter and you will receive several pictures in 3 different emails after this.
Thank you for your help!
Harley
Please note, our physical address has changed
Our new address is
19131 industrial Blvd
Elk River. Mn 55330
Lake State Recycling Inc.
Chris Baumgardt ❑
763-241-4000 office
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Please note, our physical address has changed
Our new address is
19131 industrial Blvd
Elk River. Mn 55330
Lake State Recycling Inc.
Chris Baumgardt ❑
763-241-4000 office
763-286-2124 mobile
Chris2lakestaterecycling. com
Lakestaterecycling com
Leeseberg, Chris
From:
Harley Hanson <harley@lakestaterecycling.com>
Sent:
Tuesday, June 28, 2016 6:07 PM
To:
Leeseberg, Chris
Cc:
chris@lakestaterecycling.com
Subject:
Re: Response
A lot of the shrubs are 4" or bigger.
Harley Hanson
612-360-4453
On Jun 28, 2016, at 5:39 PM, Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov> wrote:
Harely,
Just a quick update. Shrubs are not counted as credit for trees and the ordinance discusses giving
credit only to trees that are over 4" in diameter.
I touch on the tree concerns and indicate we will continue to work on it before the city council
meeting.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
From: Harley[maiIto: harlev@lakestaterecvcling. corn]
Sent: Tuesday, June 28, 2016 5:09 PM
To: Leeseberg, Chris
Cc: chris@lakestaterecvclina.com
Subject: Response
Chris,
I have attached an explanation letter and you will receive several pictures in 3 different emails after
this.
Thank you for your help!
Harley
Leeseberg, Chris
From: Leeseberg, Chris
Sent: Monday, July 11, 2016 12:11 PM
To: Harley (harley@lakestaterecycling.com)
Cc: chris@lakestaterecycling.com; Annie Deckert (annie@decklangroup.com)
Subject: Property Line - Storage vs Salvage vs Junkyard
Attachments: 1998 Addition Site Plan.pdf
Harely,
Good afternoon. We have come across a couple things since the Planning Commission meeting to help clarify
some of the questions that arose during the meeting.
I found a site plan (attached) from the 1998 addition on the property. It shows the south property line at the edge
of the driveway.
Because we became aware of vehicles being stored on site during this amendment request, staff had a condition
stating no vehicles or equipment shall be stored or recycled. The commission did not think that storing vehicles on
site is the same as auto salvage. Because of this, they made the recommendation that vehicles or equipment should
be able to be stored for transport only and shall not be salvaged.
Since the meeting, staff has reviewed the ordinance as it relates to salvage and junkyards. The ordinance defines
junkyard as:
land or buildings where products resulting from the pecking of vehicles or other machineg are bought, sold, exchanged, stored, baled,
cleaned, packed, disassembled or handled. The outdoor storage of two or more inoperative motor vehicles shall also be considered a
junkyard.
By definition, you would have a "junkyard" which is only allowed in the General Industrial (I-3) district. You are
zoned Light Industrial (I-1) and that use is not allowed.
You can request an ordinance amendment, but that will take time, require fees, and delay your CUP
amendment. Staff would not be supportive of that ordinance amendment.
Please let me know how you want to proceed?
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
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Leeseberg, Chris
From: Annie Deckert <annie@decklangroup.com>
Sent: Tuesday, July 12, 2016 3:30 PM
To: Leeseberg, Chris
Cc: Chris Baumgardt; Harley
Subject: Re: Property Line - Storage vs Salvage vs Junkyard
Hi Chris,
Upon reviewing your email, we have several comments/questions:
—LSR does not "wreck" vehicles, as supported by the Planning Commission and their unanimous approval of
LSR's CUP, indicating that LSR does not salvage vehicles.. Vehicles are brought and/or towed to their site - at
no time is the vehicle disassembled, salvaged, or anything of that nature. The vehicle literally sits there until it's
picked up and transported to another site. LSR simply acts as a vehicle for interim storage of the vehicle. At no
point is there over ten vehicles on site, and the vehicles remain on site for one week or less - any delay in the
vehicles being picked up is a result of the transport provider being unable to schedule a pick-up.
Recycling of vehicles is 10-15% of LSR's business; when you compare the definitions of Recycling processing
center vs. Junkyard, it is clear LSR is a recycling processing center, further supported by the fact that the city
has been classifying LSR as such since they opened in Elk River over five years ago. Seeing as 85-90% of
LSR's business falls under the definition of a recycling processing center, we are confused as to why the
definition of junkyard is applicable
Based upon your reasoning of LSR being a junkyard - wouldn't that mean that automobile dealerships, and
businesses such as Hi -Tech Motor Sports, Vision Bus, and even residential homes throughout the city be
classified as a junkyard? There are countless sites throughout the city in which 1) there are two or more
inoperative vehicles stored, and/or 2) disassembled, stored, clean or handled.
Below are the two definitions:
> Recycling processing center means land or buildings where reusable materials are bought, sold, exchanged,
stored, baled, cleaned, packed, disassembled or handled, including metal, rags, plastic, paper, cardboard, rubber
(excluding tires), glass and wood products, or where segregated waste materials are reprocessed into usable,
salable products. The salvage of automobile and machinery parts are not included and shall be prohibited at a
recycling processing center.
> Junkyard means land or buildings where products resulting from the wrecking of vehicles or other machinery
are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled_ The outdoor storage of
two or more inoperative motor vehicles shall also be considered a junkyard.
LSR has been a family owned business in Elk River for over five years; they operated in their first location off
CR 1 for five years, with a CUP approved by the city, as a recycling processing center. They purchased their
existing building and have invested significant time and capital in purchasing the building, and ensuring the
correct process has been followed using the city's applied definition of their business, a recycling processing
center. The two definitions have a lot of overlap, and we have not found any other ordinance that helps clarify
how a business is defined, with the exception of staff s discretion. Changing a business's definition, after five
years in operation with a valid CUP, after a building was purchased on this classification and in the middle of a
land use application is quite surprising in my opinion. In my experience, I have never come across a recycling
center which does not take in vehicles - it may be worth exploring an administrative ordinance amendment to
clarify the overlap in the two definitions, and to best protect the city, while supporting the economic climate of
viable businesses.
Based upon the facts of the situation, we are confident we can work together, and craft a condition for their
CUP to ensure they not only maintain their operations and continue to provide beneficial services to the
community, but can best position them for a sustainable future in the Elk River community.
We truly appreciate your time and consideration in this matter.
> Annie
On Jul 11, 2016 12:11 PM, "Leeseberg, Chris" <CLeeseberg_gelkrivermn.gov> wrote:
Harely,
Good afternoon. We have come across a couple things since the Planning Commission meeting to help clarify
some of the questions that arose during the meeting.
I found a site plan (attached) from the 1998 addition on the property. It shows the south property line at the
edge of the driveway.
Because we became aware of vehicles being stored on site during this amendment request, staff had a condition
stating no vehicles or equipment shall be stored or recycled. The commission did not think that storing vehicles
on site is the same as auto salvage. Because of this, they made the recommendation that vehicles or equipment
should be able to be stored for transport only and shall not be salvaged.
Since the meeting, staff has reviewed the ordinance as it relates to salvage and junkyards. The ordinance
defines junkyard as:
land or buildings where products resulting from the wrecking of vehicles or other machinery are bought, sold,
exchanged, stored, baled, cleaned, packed, disassembled or handled. The outdoor storage of two or more
inoperative motor vehicles shall also be considered a junkyard.
By definition, you would have a "junkyard" which is only allowed in the General Industrial (I-3) district. You
are zoned Light Industrial (I-1) and that use is not allowed.
You can request an ordinance amendment, but that will take time, require fees, and delay your CUP
amendment. Staff would not be supportive of that ordinance amendment.
Please let me know how you want to proceed?
Thank You.
Chris Leeseberg I Senior Planner
763.635.1033 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
Ft I IM I1 IT
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13065 Orono Parkway
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July 13, 2016
Decklan Group
Attn: Annie Deckert
812 Main Street
Elk River, MN 55330
RE: Lake State Recycling Response from July 12, 2016
Dear Ms. Deckert,
VIA EMAIL: annie@decklangroup.com
Thank you for email on July 12, 2016, in response to the email I sent you and your client on July 11,
2016. I hope we can clarify your comments and questions for you and your client.
As you know, the Planning commission does not approve Conditional Use Permits (CUP). The
commission makes recommendations to the City Council. They did make a recommendation of
approval, but did so without the knowledge of the junkyard definition. If your client would like, we
can postpone council review and bring the item back to the commission with the definition of a
junkyard to provide them an opportunity to review the clarification. Your email says that no more
than ten vehicles will be stored on site until they are picked up, which is the definition of a junkyard,
"The outdoor storage of two or more inoperative motor vehicles shall also be considered a
junkyard". Junkyards are only allowed in the I-3 district, which is outside the urban service
district.
Lake State Recycling (LSR) applied for a CUP for a recycling processing center. The issue is vehicles
were never identified in either application (CU 16-05 or CU 16-19) when LSR applied for a recycling
processing center CUP. With the introduction of vehicles, we have to look at the expanded use also.
It is our understanding LSR did not, and currently does not, have a license through the county for
automobiles, nor tires. The county was also unaware of vehicles being processed on either site.
Currently, the applicant is not licensed or allowed to take vehicles or tires (or anything) through their
county licensing. The applicant has applied for a license with the county, but they are still operating
in violation since they have not been granted a license. The county can license LSR to take vehicles
but junkyards are not an allowed use in the I-1 district per the Elk River zoning code.
According to your email, 10-15% of their business is to have vehicles on site, the definition and
review as a junkyard is applicable as 10-15% of the business falls under the definition of a junkyard.
Your email mentioned city staff changing the definition of the business. Staff continues to view the
operation, as applied for, as a recycling processing center. Again, the scope of the application
changed. After becoming aware that vehicles are processed on site, we have to look at the use as a
junkyard in addition to a recycling processing center.
Phone: 763.635.1000
www.EJkRiverMN.gov
P a M E R 1 a a r
I'mW UREJ
In regards to the definitions, staff does not see a need for clarification as they are straightforward.
The recycling processing center definition includes, "The salvage of automobile and machinery parts
are not included and shall be prohibited at a recycling processing center". This means the salvage of
automobile and machinery parts in prohibited on the subject property. The junkyard definition
includes, "The outdoor storage of two or more inoperative motor vehicles shall also be considered a
junkyard." This means the outdoor storage of two or more inoperative motor vehicles is not
allowed on the subject property.
Your client can apply for an ordinance amendment, but staff does not support amending the
ordinance to allow the use of limited urban service industrial properties as junkyards.
Again, I hope we have clarified your comments and questions for you and your client.
Sincerely,
Chris Leeseberg, Senior Planner
Ph: 763.635.1033
cleeseberg@E1kRiverMN.gov
1(il
L
Original Message
From: Johnson, Eric<Eric.Johnson(a�ElkRiverMN.gov>
To: Dietz, John <Jahn.Dietz(cDElkRiverMN.gov>; Olsen, Jerry<Jerry.Olsen(a�ElkRiverMN.gov>;
Westgaard, Matt<Matt.Westgaard(c�ElkRiverMN.gov>; Barbara.Burandt
<Barbara.Burandt(a�ElkRiverMN.gov>; Wagner, Jennifer<Jennifer.Wagner(a ElkRiverMN.gov>
Sent: Fri, Jul 15, 2016 9:58 am
Subject: Lake State Recycling CUP
Dear Council Members,
On June 28th, 2016 the Planning Commission reviewed a conditional use permit for Lake State
Recycling. One of the conditions recommended by city staff was, "No vehicles or equipment shall be
stored or recycled." Lake State Recycling is located in a"Light Industrial" zone where"Junkyards, auto
wrecking and storage, and salvage yards" are not permitted or conditional uses. Correct,junkyards are
not allowed on the subject property which is zoned Light Industrial I-1.
Since auto recycling accounts for 10-15% of the applicants business this was a large topic of
discussion. After the applicant explained that they are simply storing vehicles (the definition of junkyard)
until they have enough to fill a trailer to haul away and there is nothing done with them onsite. There was
no removal of parts, demolition, repair, or breaking down of the vehicles. The Planning Commission
unanimously agreed that their operation was not considered to be"auto salvage" and we recommended
removing that condition from the permit. This is true, but the PC did not have the definition of a junkyard.
as outlined in the city ordnance at their meeting.
It has come to my attention that City Staff is still recommending that auto recycling NOT be permitted as a
condition in their CUP. I have done some more investigation into this matter and feel that the automobile
recycling operation that Lake State Recycling is performing does not fall into the categories suggested by
city staff.
Auto Wrecking-the ruin or destruction of automobiles (no destruction, disassembly or ruin is taking place
here). This is his definition and in not defined in the city ordinance
Junkyard - a yard for collection, storage, and resale of junk(there is no sale taking place here and
vehicles are only held not stored indefinately) This is not the definition of a junkyard as outlined in the city
ordnance. Junkyard means land or buildings where products resulting from the wrecking of vehicles or
other machinery are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled.
The outdoor storage of two or more inoperative motor vehicles shall also be considered a junkyard.
Salvage yard -a place where disused vehicles or other machinery is broken up and parts are saved,
processed or sold. (there is nothing being broken up, dissembled or processed here) i his is his
definition and in not defined in the city ordinance.
It is still my strong recommendation that Lake State Recycling be able to continue with their automobile
recycling operation as they are doing today. I would be in support of adding conditions limiting the
number of vehicles held at any given time, and setting a limit on the time any vehicle is being held on the
property if the council deems it appropriate. The city cannot add conditions to allow a non-permitted use
in a zoning district. However, if it is the desire of the Council to allow such a use in the area, staff can be
directed to amend the ordinance to allow the operation as proposed.
Unfortunately, I will not be able to attend the meeting next Monday, June 18th. However, if you have any
questions or concerns feel free to contact me.
Thanks,
Eric Johnson
Planning Commission Chair
612-889-7236