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7.4 SR 02-18-2025The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.4 Meeting Date February 18, 2025 Prepared By Zack Carlton, Community Development Director Item Description Conditional Use Permit: Recycling Processing Center (Amendment), 16501 Highway 10, B&E Recycling Station Reviewed by Chris Leeseberg Cal Portner Tina Allard Action Requested Approve, by motion, the Conditional Use Permit amending the previous approvals for a Recycling Processing Center (CU 95-02) with the following conditions to satisfy the standards set forth in Section 30-654: 1. The applicant must apply for and receive all county-required permits and licenses prior to expanding the requested scope of operations. 2. The area identified as a holding pond must be repaired as the site has been re-graded as a parking area. The work must be designed by a licensed professional. 3. There shall be no storage of recyclable materials or waste outside the building or fenced-in area. 4. All non-recyclable materials must be removed from the site by May 1, 2025. 5. All vehicles or materials stored on site, and not approved as part of CU 03-26, must be removed by May 1, 2025. 6. The disassembling or salvaging of parts from vehicles or machinery is prohibited. 7. Any new structures must be designed by a licensed architect and permitted through the building department. 8. Business owner must submit an annual waste activity report to the MPCA by March 1st of every year. 9. The applicant shall submit an updated drainage plan, prepared by a qualified professional, showing that the facility is designed to prevent surface water drainage through recyclable materials, to control the dispersion of the recyclable materials and residuals by wind, to contain any spills or releases that could harm human health or the environment, to provide for the storage of recyclable materials to protect the recyclability of the materials and to provide for the storage and removal of residuals. 10. Storage of all waste and recyclable materials must comply with all county, state, and federal regulations. 11. All recyclable materials must be removed from the facility within three years after the date of receipt. 12. The facility owner must inspect the site at least every 30 days for malfunctions, deterioration, or discharges that may result in the release of pollutants to the environment. Records of these inspections may be requested by city or county staff. 13. The owner or operator must prepare and maintain a contingency action plan addressing actions for a potential fire, spill, or release. Page 81 of 227 Background/Discussion The applicant requests an amendment to a Conditional Use Permit (CU 95-02) which authorizes a recycling processing center at 16501 US Highway 10. The site has operated under this CUP for several years, but the applicant is looking to modify the operation to better fit the current market. The site has fallen out of compliance in recent years, and this review seeks to bring the property into compliance with current standards. The applicant proposes additional roll-off dumpsters to manage scrap materials, an area to place 10 storage containers, up to 20 cars staged for off-site recycling, a three-sided covered storage structure, and approval of an area to store metal outside of the structures. Recycling centers are intended as a location for customers to drop off recyclable materials. The operation processes and prepares the materials for recycling off-site. The staging of vehicles for processing off-site is permitted. However, vehicles and machinery may not be salvaged or disassembled. This is considered a salvage yard and is not under review for this site. Planning Commission The Planning Commission held a public hearing on January 28, 2025. No one spoke during the public hearing, but the applicant did respond to questions from the Commission regarding the use of shipping containers. The Commission asked if the shipping containers were intended as a replacement for constructing a permanent building. The applicant stated that he plans to use the containers for staging of recyclable materials and that they do take the place of a structure. However, it was not his intention to avoid constructing a building if his business needs required one. The Commission was comfortable with the intended use of the containers and unanimously recommended approval of the CUP with the 13 conditions noted in the memo. Financial Impact None Mission/Policy/Goal Meet changing needs - agile Support the growth and development of the community Attachments 1. Planning Commission Packet 01-28-2025 2. CU 24-19 Recording Document 3. 7.4 B&E CUP 2-18-2025 Page 82 of 227 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 5.4 Meeting Date January 28, 2025 Prepared By Zack Carlton, Community Development Director Item Description Conditional Use Permit Amendment: Recycling Processing Center, 16501 Highway 10, B&E Recycling Station Reviewed by Chris Leeseberg Action Requested Recommend, by motion, approval of the Conditional Use Permit amending the previous approvals for a Recycling Processing Center (CU 95-02) with the following conditions to satisfy the standards set forth in Section 30-654: 1. The applicant must apply for and receive all county required permits and licenses prior to expanding the requested scope of operations. 2. The area identified as a holding pond must be repaired as the site has been re-graded as a parking area. The repair work must be designed by a licensed professional. 3. There shall be no storage of recyclable materials or waste outside of the building or fenced in area. 4. All non-recyclable materials must be removed from the site by May 1, 2025. 5. All vehicles or materials stored on site, and not approved as part of CU 03-26, must be removed by May 1, 2025. 6. The disassembling or salvaging of parts from vehicles or machinery is prohibited. 7. Any new structures must be designed by a licensed architect and permitted through the building department. 8. Business owner must submit an annual waste activity report to the MPCA by March 1st of every year. 9. The applicant shall submit an updated drainage plan, prepared by a qualified professional, showing that the facility is designed to prevent surface water drainage through recyclable materials, to control dispersion of the recyclable materials and residuals by wind, to contain any spills or releases that could harm human health or the environment, to provide for the storage of recyclable materials so as to protect the recyclability of the materials, and to provide for the storage and removal of residuals. 10. Storage of all waste and recyclable materials must comply with all county, state, and federal regulations. 11. All recyclable materials must be removed from the facility within three years after the date of receipt. 12. The owner of the facility must inspect the site at least every 30-days for malfunctions, deterioration, or discharges that may result in the release of pollutants to the environment. Records of these inspections may be requested by city or county staff. 13. The owner or operator must prepare and maintain a contingency action plan addressing actions for a potential fire, spill, or release. Page 83 of 227 Background/Discussion The applicant is requesting an amendment to a Conditional Use Permit (CU 95-02) which authorized a recycling processing center at 16501 US Highway 10. The site has operated under this CUP for a number of years, but the applicant is looking to modify the operation to better fit the current market. The site has fallen out of compliance in recent years, and this review seeks to bring the property into compliance with current standards. The applicant proposes an additional roll-off dumpsters to manage scrap materials, an area to place 10 storage containers, up to 20 cars staged for off-site recycling, a three-sided covered storage structure, and approval of an area to store metal outside of the structures. Recycling centers are intended as a location for customers to drop-off recyclable materials. The operation processes and prepares the materials for recycling off-site. The staging of vehicles for processing off site is permitted. However, vehicles and machinery may not be salvaged or disassembled. This is considered a salvage yard and is not under review for this site. Applicable Regulations 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. A Recycling Processing Center has the potential to detrimentally affect adjacent parcels and the public health, safety, morals and comfort of the city. These facilities are tightly regulated by county, state, and federal regulations. The 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. Staff have included several conditions to ensure compliance with all state and local standards. 2. Will be consistent with the comprehensive plan. The property is guided for Business Park/Industrial Uses. The use is consistent with the Comprehensive Plan. Staff do 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. The area surrounding the site is largely developed, and the proposed use is a modification of the existing operation. The requested impacts will occur within the existing fenced in area. Staff do 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 Page 84 of 227 thoroughfares. The changes to the approved operation will not alter the demands on public facilities. 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 systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Staff do 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 hazards of the operation are focused on environmental and public health concerns. These generally do not translate to detrimental impacts related to traffic, noise, smoke, fumes, etc. Staff have included several conditions related environmental and public health considerations, but do 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. There are no natural, scenic or historic features of major importance on the subject parcel. Staff do 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 is reviewing this site in cooperation with Sherburne County. The county requires a license to operate the proposed use. The recommended conditions seek to ensure that 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 have included several conditions related environmental and public health considerations, including conditions to ensure compliance with state and county permitting requirements. 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. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards, subject to the recommended conditions. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Page 85 of 227 Attachments 1. Location Map 2. Applicant's Narrative 3. Building and Drainage Plan 4. Previous CUP - CU 95-02 5. Previous CUP - CU 03-26 Page 86 of 227 Page 87 of 227 CU 24-19 Narrative 1. We would like three 80 yard Roll offs to manage our scrap material. (Currently we have two 80 yard Roll offs.) 2. Add area to store 10 Roll off boxes (empty) 3. Store 20 cars for B&E Recycling in designated area. 4. 3 Sided covered storage area's to store items outside. 5. Area to store metal outside that is too big to store inside. For example boats, signs, oversized metal material that need to be cut up or taken apart. This space will be used as a transition area for temporary storage until we process items. Page 88 of 227 Page 89 of 227 Page 90 of 227 Page 91 of 227 Page 92 of 227 Page 93 of 227 Page 94 of 227 Page 95 of 227 CITY OF ELK RIVER SHERBURNE COUNTY CONDITIONAL USE PERMIT Case No. CU 24-19 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants a Conditional Use Permit (“Permit”) requested by Adam Eastman of B&E Recycling Station for the following use: Conditional Use Permit for a Recycling Station and Outdoor Storage at 16501 US Highway 10 NW Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River, Sherburne County, Minnesota: Outlot A, Aquas Acre, Sherburne County, Minnesota Owner. Owner of the Subject Property at time of the approval of the Permit: Yvonne R & Richard J Hetland, owners Conditions. The Permit is issued subject to the following conditions: 1. The applicant must apply for and receive all county required permits and licenses prior to expanding the requested scope of operations. 2. The area identified as a holding pond must be repaired as the site has been regraded as a parking area. The repair work must be designed by a licensed professional. 3. There shall be no storage of recyclable materials or waste outside of the building or fenced in area. 4. All non-recyclable materials must be removed from the site by May 1, 2025. 5. All vehicles or materials stored on site, and not approved as part of CU 03-26, must be removed by May 1, 2025. 6. The disassembling or salvaging of parts from vehicles or machinery is prohibited. Page 96 of 227 7. Any new structures must be designed by a licensed architect and permitted through the building department. 8. Business owner must submit an annual waste activity report to the MPCA by March 1st of every year. 9. The applicant shall submit an updated drainage plan, prepared by a qualified professional, showing that the facility is designed to prevent surface water drainage through recyclable materials, to control dispersion of the recyclable materials and residuals by wind, to contain any spills or releases that could harm human health or the environment, to provide for the storage of recyclable materials so as to protect the recyclability of the materials, and to provide for the storage and removal of residuals. 10. Storage of all waste and recyclable materials must comply with all county, state, and federal regulations. 11. All recyclable materials must be removed from the facility within three years after the date of receipt. 12. The owner of the facility must inspect the site at least every 30-days for malfunctions, deterioration, or discharges that may result in the release of pollutants to the environment. Records of these inspections may be requested by city or county staff. 13. The owner or operator must prepare and maintain a contingency action plan addressing actions for a potential fire, spill, or release. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Lapse. If within two (2) years of the issuance of the Permit the proposed work described in a conditional use permit has not been substantially completed, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Page 97 of 227 Recording. The Permit shall be recorded against the title to Subject Property. Dated: __________, 2025. CITY OF ELK RIVER By: ___________________________________ Mayor John J. Dietz By: ___________________________________ City Clerk Tina Allard STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ___ day of _________, 2025, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. ____________________________________ Notary Public DRAFTED BY: City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 Phone: 763-635-1032 Page 98 of 227 B&E Recycling Conditional Use Permit Page 99 of 227 Page 100 of 227 Background §Amendment to existing CUP §Recycling processing center §First approved in 1995, expand beyond the original conditions §Add additional dumpsters §Add storage containers §Stage vehicles for recycling §The use also requires state and county licensing/registration §Property also has a CUP from 2003 permitting outdoor staging for a vehicle towing business Page 101 of 227 Page 102 of 227 Page 103 of 227 Background §Updated plans, prepared by a qualified professional, required §Holding pond on plans has been filled in §Must be repaired §Large amount of non-recyclable materials are currently on site §Must be removed to come into compliance §Numerous junk vehicles and other items have accumulated on site §Vehicles may only be staged for processing off-site, the operation has not been reviewed for a junkyard Page 104 of 227 Background §All unloading, recycling, and storage must occur within the screened area §Contingency and hazardous incident plans must be prepared and stored on site Page 105 of 227 Planning Commission Meeting §No one spoke during PH §Questions on shipping containers §For staging of recyclable materials §Not to replace a future building §Unanimously recommended approval Page 106 of 227 Actions Requested Approve, by motion, the CUP amending the previous approvals for a Recycling Processing Center (CU 95-02) with the 13 conditions outlined in the memo Page 107 of 227