5.2. PCSR 07-10-2007REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2.
Agenda Section Meeting Date Prepared by
Plannin Items ul 10, 2007 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Waste Management for a Conditional use Permit for
an Expansion to an existing shop/ office building, Case No. CU Reviewed by
07-18, Public Hearing
Action Requested
Staff supports a Planning Commission recommendation of approval of the request, as illustrated on
drawings dated July 7, 2006, with the following conditions:
1. All comments of the Plans Examiner memo dated June 5, 2007 shall be addressed.
2. The improvements shall meet all applicable building and fire codes, including
comments from Fire Chief dated June 5th.
3. The existing building should be resided in a material consistent with the texture of
the gas plant.
4. The proposed addition should be sided with a material consistent with the gas plant.
5. A letter of credit in the amount of $50,000 shall be submitted prior to the releasing of
the building permit. The Letter of Credit may be used to secure completion of all
improvements, including, but not limited to parking lot, striping, landscaping,
establishment of disturbed areas, payment of city incurred expenses.
6. This approval of the Conditional Use Permit shall expire after 2 years, unless the
substantial completion is shown or the owner or owners agent has received an
extension.
Background/Discussion
On June 19, 2006, the City Council granted a conditional use permit to Waste Management for the
construction of a new garage/ office building at the land fill, immediately west of the gas reclamation
plant. All construction in the Solid Waste Facility (SWF) overlay zoning district requires a Conditional
Use Permit.
As part of that approval, one of the conditions was that an existing red metal skinned building was to be
removed in its entirety.
Financial Impact
None
Case File: CU 07-18
Page 2
Attachments
Location Map
Memo from Building Department dated June 5, 2007
• Memo from Fire Chief dated June 5, 2007
Applicant's Narrative
• Site Plan(s)
Architectural Drawing(s)
General Information
Waste Management
Conditional Use Permit
Applicant Waste Management
60 Day Rule The application has been deemed complete as of June 1, 2007.
The Ci must take action b Au st 1, 2007
Requested Action Conditional Use Permit approval
Location and Size Approximately 110 acres west of Highway 169, immediately
south of the northern city limits.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Land Fill Landfill A-1 (ME/ SWF)
North Livonia. Township Livonia Township Livonia Township
South Mining Mining A-1 (ME)
East Rural Res/ Ag Commercial Reserve A-1
West Rural Residential Rural Residential A-1
Overview
The applicant is requesting CUP approval to do the following:
Build a 32 x 12 foot steel addition onto the north side of the building that was approved in
June of 2006.
Retain the western 3,100 square feet of the red skinned building. The building would be
resided in metal to match the gas plant and the other building.
AQplicable Regulations
Conditional Use Permit
T'he issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
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Case File: CU 07-18
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Waste Management
Conditional Use Permit
7. Will not endanger, injure or detrimentally affect the use and enjoyment of other propery in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. Widl be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant proper y.
4. Will be served adequately by and ufill not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, avater and se2ver systems, parks and schools; and
will not, in particular, create traffic congestion or interference with trafizc on adjacent and neighboring public
thoroughfares
S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or propery because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply uJith 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.
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.
Analysis
The land use is consistent with the land use plan, and the pattern of development in that area. The
need for service and office buildings is customary to the use. The area of potential discussion is that
an attempt was made with the previous approval to create a `campus'; an area of cohesive buildings
in both design and materials. The new building was to be concrete, and match the texture of the gas
plant. It could be suggested that the new addition and the existing building, if its determined that it
is appropriate to keep be made to match this texture as well.
From another viewpoint, the addition on the north side is not visible from the adjacent street, only
from patrons to the land fill. The existing building is sighted prominently on the site, in front of the
recently approved building.
The Building department, in their review, has raised some issues, including the need to complete the
CO on the recently approved building, and the drawing of the plans by a licensed architect.
The Fire Chief has suggested a meeting to fully understand the Fire Code requirements.
Comprehensive Plan
The use of the land is consistent with the Comprehensive Plan.
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Case File: CU 07-18
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Landscaping
Waste Management
Conditional Use Permit
In the previous approval, a condition was stated that 5 additional shade trees be added. These trees
should still be added, as well as some foundation plantings around all buildings. It is suggested that
staff approve the landscaping plan.
Recommendation
Staff supports a recommendation to approve the Conditional Use permit, subject to the conditions
outlined above.
Respectfully Submitted
Jeremy Barnhart
Planning Manager
Action Motion by Second by Vote
Follow Up
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
In the matter of: Kalway Construction Co.
CONDITIONAL USE
PROCEEDINGS
Request: Conditional Use Permit for construction of garage/office building
at Elk River Landfill site
(Case No. CU 06-21)
Waste Management, Owner
ORDER GRANTING
CONDITIONAL USE
The above entitled matter came to be heard before the City Council on the 19th day of June
2006, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for
the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. FIVE TREES BE ADDED AT AND NEAR THE BUILDING SITE TO HELP
SATISFY THE LANDSCAPING REQUIREMENTS IN A LEVEL CONSISTENT
WITH THE PLANNED IMPROVEMENT.
2. THE PROPERTY LINE RUNNING THROUGH THE PROPOSED BUILDING BE
ADJUSTED OR REMOVED.
CITY OF ELK RIVER CITY COUNCIL
3. CONCRETE PANELS MATCH (IN COLOR) THE EXISTING GAS
RECLAMATION PLANT.
4. REVISION OF SITE PLAN TO SHOW PROOF OF PARKING FOR 9 ADDITIONAL
SPACES.
5. A LETTER OF CREDIT IN THE AMOUNT OF 10% OF THE COST OF THE
INSTALLED IMPROVEMENTS (TREES, SIDEWALK, ETC.) NOT TO EXCEED
$50,000 SHALL BE PROVIDED AS A GUARANTEE FOR THE COMPLETION OF
THE SITE IMPROVEMENTS.
6. THE EXISTING BUILDING MUST BE REMOVED AND CLEANED UP FROM
THE SITE AND A DEMOLITION PERMIT IS REQUIRED.
DATED this 21st day of August, 2006.
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STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations 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 one (1) year.
Jeremy Barnhart
Planning Manager
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the day of
.2006.
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this day of
2006.
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EXHIBIT A
The north 470 feet of that part of the Northeast Quarter of the Northwest Quarter of
Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying east of a line
described as beginning at a point on the north line of said Northeast Quarter of the
Northwest Quarter a distance of 650 feet west of the intersection of said north line with the
westerly line of the right-of--way of U.S. Highway No. 169; thence south parallel with the
west line of the North Half of said Northwest Quarter to intersect the south line of said
Northeast Quarter of the Northwest Quarter and there terminating.
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