4. PCSR 02-28-2023Request for Action
To Item Number
Planning Commission 4.2
Agenda Section Meeting Date Prepared by
Public Hearings February 28, 2023 Zack Carlton, Community Development Director
Item Description Reviewed by
th
Rinker Pipe – 1340 6 St. NW Chris Leeseberg, Senior Planner
Conditional Use Permit granting approval of a
Reviewed by
steel production building, Case No. CU 23-03
Action Requested
Recommend, by motion, approval of the Conditional Use Permit with
the following conditions to satisfy the standards set forth in Section
30-654:
1. Industrial operations outside of a structure are prohibited
between 9:00 p.m. and 6:00 a.m. Monday through Saturday and
on Sundays.
2. All exterior openings shall be closed when industrial operations
occur within a building during the prohibited periods.
3. All vehicle back-up alarms shall be converted to a white-noise
style by June 30, 2023.
4. The applicant shall submit a dust control plan for the operation
prior to issuance of any building permits.
5. The applicant shall submit documentation demonstrating
compliance with state and federal wellhead protection
standards.
Background/Discussion
The subject site is located north of Highway 10 and generally west of
Proctor Avenue and is approximately 55-acres in size. The site is zoned
I-2 (Medium Industrial), which supports the proposed expansion/
change to the existing heavy industrial operation. The city’s earliest
zoning map from 1980 zoned the property as I-2, and a concrete
product manufacturing business operated on the site for decades prior to formal adoption of the city zoning map.
The applicant proposes construction of a 39,000 square foot steel sided industrial building. The new building
would be 41-feet tall (60-feet allowed) and will house industrial operations. Construction of the building will allow
the applicant to move some of their operations indoors, reducing noise and facilitating year-round operation of
some processes that currently shutdown during the colder months.
The property abuts the railroad, the city public works facility, and an athletic complex to the north. Residential
development has developed west and south of the site, and additional industrial operations are located to the east.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Hours of Operation
The applicant operates numerous shifts, with some beginning before 6:00 a.m. As this is a heavy manufacturing
operation some of the work generates a significant amount of noise. Staff regularly receive calls from neighboring
residential neighborhoods complaining of loud noises very early in the morning. While it is generally understood
that the industrial operations of the applicant existed before the development of the residential areas, there is also
an opportunity for some noise mitigation measures with construction of the new building.
Building Materials
The proposed building will be a steel sided structure similar to some of the existing buildings on site. The building
location is generally behind large existing buildings and is largely screened from view along highway 10.
Utilities
There is a municipal well located less that 1,000 feet from the building site which is categorized by the Minnesota
Department of Health as moderately vulnerable. Construction and operations in and around the building will need
to follow federal and state wellhead protection requirements.
Applicable Regulations
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.
As noted above, noise has become a reoccurring issue regarding the operation of the industrial use. For
this reason, staff recommends two conditions. First, require industrial operations occurring outside of a
building to conform to the city’s construction timing standards. Second, if industrial operations are to
occur within the prohibited time, they should be within a building and all exterior openings must be
closed.
Additionally, drier summers the last few years have created concerns regarding wind-blown dust
originating from the property. Especially dry and windy periods have generated concerns around the dust
and what may be airborne along with the dust. To address these concerns, staff has included a condition
that a dust control plan must be on file with the city prior to issuance of a building permit. The dust
control plan should outline ongoing mitigation techniques and methods for addressing dust during
especially dry and windy periods.
2. Will be consistent with the comprehensive plan.
The property is guided for Industrial Uses and supports the growth and development of the Elk River
business community.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
Surrounding properties are fully developed and staff has included conditions to address and mitigate
impacts to adjacent, developed, areas.
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 property was developed for this type of use and has access to all city services. All access to this site
occurs from the frontage road between the operation and Highway 10, or directly onto Highway 10. The
use has been 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.
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.
Noise and dust have been a recent and re-occurring concern of this operation. Staff has met with business
representatives in the past, and progress has been made. However, it is also appropriate to include
additional conditions to further mitigate concerns from nearby neighborhoods.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The site is fully developed and the new facility will be constructed in an area that is already covered by an
impervious surface.
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.
The use 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 does not see a need to impose specific conditions to satisfy 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
Mission/Policy/Goal
Support the growth and development of the business community.
Attachments
Location Map
Applicant’s Narrative
Site Plans
Architectural Plans/Elevations