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4.2. PCSR 05-28-2019Request for Action To Item Number Planning Commission 4.2 Agenda Section Meeting Date Prepared by Public Hearings May 28, 2019 Zack Carlton, Planning Manager Item Description Reviewed by Copart of Connecticut, Inc. – 15932 Jarvis St. Chris Leeseberg, Senior Planner Reviewed by  Conditional Use Permit to Operate a Salvage Yard, Case No. CU 19-09 Action Requested Recommend, by motion, approval of the Conditional Use Permit authorizing operation of a salvage yard at 15932 Jarvis St. NW, with the following conditions: 1. Update the site plan to show the presence of an approved surface (bituminous, class 5, or concrete) on all driving and parking areas. 2. Schedule a site visit with the Building Official and Fire Marshal to review the existing building and complete any required code updates. 3. Update submitted plans to demonstrate compliance with state and local stormwater management requirements. 4. Submit documentation showing compliance with all Minnesota Pollution Control standards for a salvage yard. 5. Submit a copy of the salvage yard license issued by Sherburne County. 6. Increase the 100% opaque fence height to eight feet along Jarvis Street and for 500 feet along the railroad. The remaining 100% opaque perimeter fencing shall be no less than 6 feet. Submit an example of the proposed screening for review and approval. 7. All fencing shall be dark green in color in order to reduce visual impacts around the property. Final color must be approved by city staff. Background/Discussion The applicant, Copart of Connecticut, is requesting to establish a salvage yard on the property at 15932 Jarvis St. NW. The property is zoned I-3 (General Industrial) where salvage yards require a Conditional Use Permit (CUP). The applicant proposes four full-time employees and hours of operation will be Monday through Friday 8:00 a.m. to 5:00 p.m. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity The parcel is 20 acres and currently operates as a pipe yard where nearly all of the property is used for outdoor storage. The proposed use will be similar, but the addition of motor vehicles, and the hazardous materials that accompany them, requires additional permitting from the Minnesota Pollution Control Agency (MPCA) and Sherburne County. Compliance with state and local standards is a requirement of approval. The applicant is also planning to expand operation of the salvage yard to additional vacant parcels to the north in the future, but that is not part of this review. At full build-out, the operation will occupy 40 to 50 acres, include construction of a new office/shop facility and employ 14 full-time employees. Applicable Regulation In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. 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. The site currently operates in a similar fashion to the proposed salvage yard use and will not detrimentally affect the use and enjoyment of the properties in the immediate vicinity. However, the addition of motor vehicles and the associated potentially toxic chemicals will require additional oversight from the MPCA, Sherburne County, and the city. To ensure any concerns for public health and groundwater contamination are addressed, staff has included conditions requiring compliance with all state and local standards related to salvage yards and stormwater management. Additionally, to minimize visibility from surrounding properties, potentially impacting the use and enjoyment of those parcels, staff included a condition to require eight foot opaque fencing along Jarvis St., and for 500 feet along the railroad corridor. 2. Will be consistent with the comprehensive plan. The property is guided for industrial uses and the use is consistent with the Comprehensive Plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. There are numerous vacant parcels in the vicinity, but the proposed screening, a proposed use similar to the existing use, and land use/zoning guidance will not impact development of surrounding properties. Staff does not see a need to impose specific conditions to satisfy this standard. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\05-28-2019\\4.2 sr PC Copart.docx systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Staff does not see a need to impose specific conditions to satisfy this standard. 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. The use is storage and 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. Staff does not see a need to impose specific conditions to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The site is an open, relatively flat area, and already used for the outdoor storage of materials. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 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 proposed use in the city. Staff included conditions requiring compliance with state, county, and city ordinances related to salvage yards. Included conditions address compliance with this standard. 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 Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on June 28, 2019. Council Meeting If acted on, this item will go to the June 17, 2019, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Plan  MPCA Salvage Yard Information N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\05-28-2019\\4.2 sr PC Copart.docx Copart Statement of Operations and Project Narrative Elk River, Minnesota Statement of Operations Copart, Inc., (“Copart”), and its subsidiaries, provide cutting edge asset liquidation services (“Copart Asset Services”) to institutional, commercial, and private owners (collectively “Sellers”) of used undamaged or damaged vehicles, trailers, watercraft, and powersports, industrial and construction equipment (collectively, “Assets”). Most Sellers are insurance companies, licensed dealers, financial institutions, charities, municipalities, and fleet operators. Copart Asset Services include short-term storage and sales of Assets, and ancillary receiving, shipping, lien sale and administrative activities. All Assets are liquidated intact, meaning no dismantling, draining of fluids, crushing, or sale of parts occurs at a Copart facility (“Facility”). After being received at the Facility, Assets are inspected, photographed, catalogued, and placed in ground-level short-term storage designed for quick retrieval. Assets are never stacked and remain in short-term storage for an average of only 50 to 60 days. After being placed in short-term storage, Assets are listed for sale through Copart’s proprietary online action-style website and mobile apps for purchase only by Copart registered members (collectively, “Members”). Members are primarily licensed dealers, dismantlers, rebuilders, and exporters, and in some cases are end users. All offers are submitted and accepted electronically, without the use of a live auctioneer. Members are provided the opportunity to inspect Assets at the Facility, although most Asset inspections are limited to viewing images and information made available online. Members may electronically submit preliminary offers from (a) anywhere in the world via a personal computer or mobile device with internet access (each, a “Remote Online Device”), or (b) a limited number of computer kiosks located at the Facility. The high preliminary offer is carried over to the online virtual sale, during which Members may submit offers electronically only from a Remote Online Device. Assets are sold to the Member with the highest offer (“Buyer”), who then arranges for pickup and transportation of their Assets from the Facility. Payment for sold Assets may be made electronically, via wire-transfer, or in person at the Facility. Titles to sold Assets are either picked up by the Buyer along with the sold Assets, or mailed by Copart to the Buyer. Project Narrative Copart’s intention of the property is to sign a 2-5 year lease of the 20 acres, with an option to purchase (“Phase I”). Phase I will be a sublot until the lease agreement expires, Copart intends to purchase the 20 acres along with the option to purchase an additional 25-30 acres to the north (“Phase II”) and make the combined parcels a full yard. Phase I The existing owner of the 20 acres has been asked to clean up and vacate the property prior to Copart occupying the space. Once the site is vacated, Copart requests to occupy the site in its present condition. The existing building in the middle of the site will remain in place, along with the existing gravel surfacing. The existing perimeter chain link fence will be replaced with a 6’ tall screening security fence and will encompass the entire property perimeter. The perimeter trees will also remain in place as additional screening. Both existing site approaches/entrances will remain in place and will be gated and locked. Any other required elements will be provided in order for Copart to occupy the site in a near as is condition. The Facility will have approximately four full-time employees. The hours of operation are Monday through Friday from 8 am to 5 pm. The Facility will be closed Saturdays and Sundays. Phase II Once a purchase agreement is in place for the 20 acres and the additional 25-30 acres to the north, Copart intends to redevelop the entire 45-50 acres into a full functioning regional Facility. The new improvements will include a new office/shop building, approximately 6,000 – 8,500 square feet, customer and employee parking, a shipping and receiving area, short-term vehicle storage areas for Assets (see “As Built” plan), site grading, stormwater facilities, and utilities to the new building. The Facility will have approximately 14 full-time employees. The hours of operation are Monday through Friday from 8 am to 5 pm. The Facility will be closed Saturdays and Sundays. Summary Copart is experiencing rapid growth of new business in the region and is looking at opening a new Facility as soon as possible. The Elk River area and the above referenced parcels have been identified as a potential location. Copart would like to initially operate out of the 20 acres in a near as is condition in order to service the market and establish business there. Being able to occupy the site on a short term basis will allow Copart to coordinate a contract to purchase as well as plan the new Facility. JARVIS STREET NW161ST AVENUE NW 156TH STREET NWEXISTING BUILDING(APPROXIMATELY 3,500 SF) TOREMAIN IN PLACEEXISTING SITEGRADES TOREMAINEXISTING SITEGRADES TOREMAINEXISTING OWNER TO REMOVEALL FACILITIES, EQUIPMENT,MATERIALS, ETC. PRIOR TOCOPART OCCUPANCYEXISTING OWNER TO REMOVEALL FACILITIES, EQUIPMENT,MATERIALS, ETC. PRIOR TOCOPART OCCUPANCYSECURITY GATE ATEXISTING ENTRANCEPERIMETER TREES TOREMAIN IN PLACE(TYP.)EXISTING 6' TALL CHAIN LINKFENCE TO BE REPLACED WITH 6'TALL SCREEN SECURITY FENCEXXXXXXXXXXXX X X X X X X X X X XXXXXXXXXXXX X X X X X X X X X X X X X X X X X X XXXXXXXX X X X X X X X XXX X X X X X X X X X XXXXXXXXXXXX SECURITY GATE ATEXISTING ENTRANCEPROPOSED 6' TALL SCREENSECURITY FENCE(TYP.)N:\0022825.00\DWG\CONCEPTS & EXHIBITS\0022825SK01.DWG 11PROJECT NUMBER: 0022825.00ELK RIVER, MN04/29/19JSBBCWJSB© 2019 Westwood Professional Services, Inc.ELK RIVER YARDCUP APPLICATIONSITE PLAN14185 DALLAS PARKWAY, SUITE 300DALLAS, TX 75254ELK RIVER YARD04/29/1954832XX/XX/XXJOHN S. BLENKERCOPART, INC.SHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone(320) 253-94953701 12th Street North, Suite 206Fax(320) 358-2001St. Cloud, MN 56303Toll Free(800) 270-9495DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com100'20' OR 10'0'100'200'300'1" = 100'..........·EXISTING ZONING:I-3, GENERAL INDUSTRIAL·PROPOSED ZONING:I-3, GENERAL INDUSTRIAL·PARCEL DESCRIPTION:PID 75-013-4400·PROPERTY AREA:20.01 ACSITE DEVELOPMENT SUMMARYPROPERTY LINEEXISTINGPROPOSEDFENCEXXSITE LEGENDBRUSH/SHRUBCONIFEROUS TREEDECIDUOUS TREE www.pca.state.mn.us Sector M: Automotive salvage yards Industrial stormwater pollution prevention Sector M includes automotive salvage yards and similar facilities that dismantle cars for the purpose of selling secondhand parts, which are described by Standard Industrial Classification (SIC) code 5015. Auto wreckers that dismantle automobiles for scrap are Sector N: Scrap recycling and waste recycling facilities. Activities at automotive salvage yards that can impact stormwater include vehicle dismantling; vehicle, equipment, and parts washing; vehicle and parts storage; fueling stations; equipment maintenance and storage; above ground storage tanks; and illicit connections to the storm sewer. Common pollutants are solvents, heavy metals, fuels, oil and grease. Pollution prevention ideas Minnesota’s industrial stormwater permit requires a written Stormwater Pollution Prevention Plan (SWPPP). Use the SWPPP to assess potential sources of pollutants at your facility and then identify practices that will minimize these pollutants in runoff from the site. This fact sheet lists pollution prevention (P2) practices that can be incorporated into your facility’s SWPPP. Keep in mind that pollution prevention is best achieved by qualifying for the No Exposure exclusion. No Exposure means that rain, snow, and runoff do not contact pollutant-containing materials or activities. Your facility can apply for the No Exposure certification as soon as you qualify, even if you already have the full permit. For more information visit the MPCA’s No Exposure web page at http://www.pca.state.mn.us/noexposure. General strategies • Keep materials and activities indoors as much as possible. Confine outdoor materials and activities to designated areas that are covered, have an impervious concrete surface, or have a system (such as berms or dikes) to prevent run-on of stormwater and runoff of pollutants. • Regularly clean up areas used for dismantling, washing, storage, fueling and maintenance using dry methods such as sweeping, squeegee and dust pan, reusable socks, vacuums, and as a last resort, use loose granular absorbents. • Plug drains or use diversion devices to prevent spilled materials and liquids (including wash water) from entering floor drains, sewer connections or storm drains. Dismantling and vehicle maintenance • Inspect vehicles for leaks as soon as possible after they arrive. Immediately take care of vehicles that arrive with leaks. • Drain all fluids from vehicles when they arrive, including oil filters. Drain indoors when possible or on a dedicated pad. Empty drip pans and containers daily rather than leaving them full and open around the shop. • Segregate the fluids and properly store or dispose of them. Mark all vehicles that have been fully drained. Minnesota Pollution Control Agency 651-296-6300 | 800-657-3864 | TTY 651-282-5332 or 800-657-3864 April 2015 | p-p2s8-03 Available in alternative formats • Remove all mercury switches as soon as possible. Make sure not to puncture the mercury container during removal. Ship switches to End of Life Vehicle Solutions (ELVS), which manages the Minnesota Mercury Recovery Program. Remove the battery as soon as feasible after a vehicle enters the facility and send for recycling. When battery storage is necessary, store indoors. • Remove airbags prior to crushing or other maintenance activities. • Wet down asbestos brake shoes and clutches during handling to prevent asbestos from becoming airborne. • Do not vent Freon to the atmosphere. Follow US Environmental Protection Agency (EPA) requirements for handling refrigerants. • When pulling parts from vehicles in the yard, employ a catch sled or tray to contain the fluids that will be released. Place drip pans, large plastic sheets or canvas under vehicles or equipment during maintenance and dismantling. • Designate one person to keep track of parts in the yard. As soon as a hulk is salvaged to the maximum extent possible, process it for shredding to minimize the dripping of fluids and clutter in the yard. • Maintain an organized inventory of materials used in the maintenance shop. • Minimize the use of solvent-based cleaners for parts washing. • Keep compressed gas tanks in good condition to prevent leaks or spills. Most tanks are made of steel so monitor them for rust as well. • Do not pour liquids (including wash water) into floor drains, sinks, outdoor storm drain inlets or other storm drain or sewer connections. Vehicle crushing • Double-check that fluids have been drained before crushing. • Capture any crusher fluids. Collect this mixture of fluids in a spill-proof covered container. Keep the drain within the crusher clean so that the fluids do not collect and overflow from the crusher onto the ground. • Install a bermed, impermeable concrete surface as a foundation under the crusher if possible. • Develop a preventative maintenance program for regular inspections and maintenance of the crusher, facility equipment and vehicles. • Clean and sweep the crushing area often to prevent accumulation of glass and other materials. Storage • Provide impervious surfaces for outdoor vehicle storage. • Park vehicles with a similar make and model together. Park vehicles with parts that have higher demand together in an easily accessible area. • Store all engines and transmissions that have been removed from vehicles in covered areas not exposed to precipitation. • Recycle lead battery cable ends and wheel balancing weights. Store lead parts in a covered container that is capable of handling the weight of lead. • Store mercury switches in covered, leak-proof containers in a way that prevents the glass capsule from breaking. • Do not stockpile old tires. Use indoor tire racks. • Keep tanks and containers in good condition, free of any visible leaks, structural damage or deterioration. Secure and lock storage tanks. • Use secondary containment for stored liquids such as oil, gas and antifreeze, as well as for lead acid batteries. Provide secondary containment for all drums, empty or used, and all above ground tanks. Page 2 of 5 April 2015 | p-p2s8-03 • Secondary containment valves should be kept in the “off” position and locked at all times, except when collected water is removed. • Repair malfunctioning equipment that is responsible for any leak or spill as soon as possible. • Keep cleanup equipment on hand to clean up spills immediately. • Do not use vehicle fluids, oil or fuels for dust or weed control. Store vehicles in rows with plenty of aisle space so vehicles can be inspected regularly for leaks. Improper connections to storm sewer • If it is unknown whether the sanitary water system and storm sewer system are connected, perform dye testing. • Update facility schematics to accurately reflect all plumbing connections. • Maintain and inspect the integrity of oil-water separator tanks; replace when necessary. Inspections • Inspect all storage containers and storage areas to detect potential leaks. • Inspect tanks and piping systems (pipes, pumps, flanges, couplings, hoses, and valves) for failures or leaks. Perform preventative maintenance as needed. • Inspect vehicles regularly for signs of leakage. Employee training • Train employees on proper collection, storage, reuse, recycling or disposal of batteries, oil, mineral spirits, antifreeze, mercury switches, refrigerants and solvents. • Train employees in spill prevention, control, cleanup and materials management. • Train employees on good housekeeping measures including all SWPPP components. Cold climate considerations Minnesota experiences challenging climatic conditions that require thoughtful P2 design and operation. Cold weather, snow and ice result in extended storage of pollutants in the snowpack. The following P2 activities can help minimize the impact of cold climate on stormwater: Photo Credit Katie Brady Page 3 of 5 April 2015 | p-p2s8-03 • Collect and remove debris from paved areas before snowfall to avoid collecting debris when plowing. • Store materials away from areas where it could get mixed with snow and moved around when the area is plowed. Keep materials out of accumulated or dumped snow. • Inspect containers and drums throughout the winter to be sure they withstand the cold. • Sweep sand, salt, and spilled materials from paved surfaces throughout the winter and before snow melts. • Cover salt storage areas to help minimize contact with stormwater. • Use judicious amounts of de-icing and anti-skid chemicals and road salt. • Keep plowed snow out of retention ponds. This ensures the treatment capacity of the pond is available during snowmelt or rain on frozen ground. Stormwater treatment best management practices Stormwater treatment Best Management Practice(s) (BMPs) are engineered structures that treat stormwater runoff or reduce the stormwater runoff rate, volume and velocity. In combination with P2 practices, stormwater treatment BMPs such as retention ponds act as a second line of defense against polluting downstream waterbodies. Treatment BMPs should be used down-gradient of areas where P2 activities have been fully implemented. Specific guidance on stormwater treatment BMPs is in the Minnesota Stormwater Manual and the BMP Guidebook, which are linked in the Resources section at the end of this fact sheet. Automotive salvage yards are prohibited from expanding or building new stormwater infiltration systems such as infiltration trenches, filter strips or rain gardens. However, they may continue to use infiltration systems that existed before April 2010. Retention ponds must be built with a liner that meets the requirements listed in the permit. See Part VII of the permit for details. Groundwater pollution potential Auto salvage yards and similar facilities have the potential to contaminate groundwater with pollutants such as solvents, heavy metals, fuels, oils, grease and mercury in their stormwater runoff. Groundwater contamination is of greatest concern where there is a high water table and in karst regions. A water table that is close to the surface can allow pollutants to enter the groundwater system quickly. Karst is common in southeastern Minnesota and is largely shaped by the dissolving action of water on limestone. Over time, this creates features such as sinkholes, disappearing streams, complex underground drainage systems and caves. Water and pollutants can flow rapidly through these features to wells and streams. In these areas it is critical to prevent infiltration of any contaminants by providing physical barriers around vehicle and parts storage areas. Examples of physical barriers include impervious surfaces with cover or perimeter berming and a wastewater collection system. Unpaved storage yards and processing areas are unacceptable in areas of high groundwater pollution potential. Stormwater treatment BMPs should be designed with sensitivity to local conditions. Resources BMP Guidebook (fact sheet #wq-strm3-26) is available on the MPCA website at http://www.pca.state.mn.us/index.php/view-document.html?gid=10557. EPA industrial stormwater fact sheet, Sector M: Automobile Salvage Yards, is available on the EPA website at http://www.epa.gov/npdes/pubs/sector_m_autosalvage.pdf. EPA refrigerant webpage, Just the Facts for MVACs: EPA Regulatory Requirements for Servicing of Motor Vehicle Air Conditioners, available on the EPA website at http://www.epa.gov/ozone/title6/609/justfax.html. Industrial stormwater webpages on the MPCA website at http://www.pca.state.mn.us/industrialstormwater. Industrial stormwater permit (document #wq-strm3-67a) is available on the MPCA website at http://www.pca.state.mn.us/index.php/view-document.html?gid=20797. Low Impact Development for Businesses webpage on the MPCA website at http://www.pca.state.mn.us/veiz7d0. Page 4 of 5 April 2015 | p-p2s8-03 Manufacturers: Reduce your exposure to stormwater regulations (fact sheet #wq-strm3-15) is available on the MPCA website at http://www.pca.state.mn.us/index.php/view-document.html?gid=7720. Minnesota Certified Automotive Recyclers (MN-CAR) Guidance Manual available on the Automotive Recyclers of Minnesota website at http://www.autorecyclersmn.net/forms/mncar_manual.pdf. Minnesota Stormwater Manual is available on the MPCA website at http://stormwater.pca.state.mn.us. No Exposure: Qualifying for and keeping the exclusion (fact sheet #wq-strm3-13) is available on the MPCA website at http://www.pca.state.mn.us/publications/wq-strm3-13.pdf. More information For more information e-mail the MPCA’s industrial stormwater program at iswprogram.pca@state.mn.us or call the stormwater hotline at 651-757-2119 or 800-657-3804 (non-metro only). Page 5 of 5 April 2015 | p-p2s8-03