7.2. SR 04-17-1995,~ ( ~)
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r[y of ~~ •
~lk River
Request
ITEM 7.2.
MEMORANDUM
TO: Mayor and City Council
FROM: Gary Schmitz, Planning Assistant
DATE: April 17,1995
SUBJECT: Ordinance Amendment Request by The City of
Elk River, Public Hearing Case No. OA 95-04
The City of Elk River is requesting an ordinance amendment which would add a
definition for "recycling processing center" and redefine the existing definition of
" juukyard". The amendment would also involve adding recycling processing center as a
conditional use in both the I-1 (Light Industrial) zoning district and I-2 (Medium
Industrial) zoning district.
• Attachments
March 28, 1995 memo to the Planning Commission Ordinance 95-
As the City of Elk River reviewed the conditional use permit request for Dick Hetland to
operate a recycling center from the building located at 16501 Highway 10, a question
arose concerning the definition of recycling center. The existing zoning ordinance
defines a business which recycles metals as a junkyard. Staff is concerned that a recycling
center which is defined in the City code as a junkyard may give a false connotation of the
actual use of the property. Staff is proposing an ordinance amendment which would add
anew definition for recycling processing center and redefine the junkyard definition. The
Ordinance Amendment is explained in detail in the attached March 28, 1995, memo to
the Planning Commission.
Planning Commission Meeting
At the March 28, 1995 Planning Commission meeting, the commission made some
changes to the recycling processing center defmition and the junkyard definition. In the
recycling processing center definition, the Planning Commission recommended that
cardboard be added as an acceptable material and also materials that are collected are
• reprocessed into useable or salable products. The Planning Commission also added to the
s:council:oa9s-04
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
junkyard definition that it should include motorized recreational vehicles. Which would
• include machinery from a variety of different motor vehicles. With the above mentioned
changes, the Planning Commission recommended approval of the ordinance amendment.
Recommendation
Staff concurs with the Planning Commission and recommends approval of the code
amendments as proposed in the attached ordinance.
•
•
s:council:aa95-04
ORDINANCE 95-
• AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12
OF THE CITY OF ELK RIVE CODE OF ORDINANCES
RELATING TO RECYCLING PROCESSING CENTERS
AND JUNKYARDS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 "Definitions" of the City of Elk River Code of
Ordinances is hereby amended to read as follows:
RECYCLING PROCESSING CENTER: 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, saleable products. The salvage of
automobile and machinery parts are not included and shall be prohibited at
a recycling processing center.
• JUNKYARD: Land or buildings where products resulting from the
wrecking of automobiles and motorized recreational vehicles or other
machinery is 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.
Section 2. Section 900.12 of the City of Elk River Code of Ordinances is
hereby amended to add the following sections:
Section 900.12 (13)(C)(xiii) -Recycling Processing Center
Section 900.12 (14)(C)(xiii) -Recycling Processing Center
Passed and adopted by the Elk River City Council this day of April,
1995.
Henry A. Duitsman, Mayor
Attest:
Sandra A. Thackeray, City Clerk
s: document: ordinance:oa95-04
ITEM 5.5.
ver MEMORANDUM
TO: Planning Commission
FROM: Gary Schmitz, Planning Assistant ~~
DATE: March 28, 1995
SUBJECT: Ordinance Amendment Request by the
City of Elk River, Public Hearing Case
No. OA 95-04
Request
The City of Elk River is requesting an ordinance amendment which would
add a definition for "recycling processing center" and redefine the existing
definition of "junkyard". The amendment would also involve adding recycling
processing center as a conditional use in both the I-1 (Light Industrial)
zoning district and I-2 (Medium Industrial) zoning district.
Attachments
• Ordinance 95-
Background
As the City of Elk River reviewed the conditional use permit request for Dick
Hetland to operate a recycling center from the building located at 16501
Highway 10, a question arose concerning the definition of recycling center.
The existing zoning ordinance defines a business which recycles metals as a
junkyard. Staff is concerned that a recycling center which is defined in the
City code as a junkyard may give a false connotation of the actual use of the
property. Staff is proposing an ordinance amendment which would add a
new definition for recycling processing center and redefine the junkyard
definition.
Anadvsis
The existing definition of junkyard in the Elk River City Code is:
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Junkvard -Land or buildings where waste or discarded or salvaged materials
• are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or
handled, including, but not limited to scrap metal, rags, paper, rubber
products, glass products, lumber products and products resulting from the
wrecking of automobiles or other machinery. The outdoor storage of two or
more inoperative motor vehicles shall also be considered a junkyard. Storage
of such materials in connection with the permitted manufacturing process
when within an enclosed area or building shall not be included.
Staff is proposing to add a definition for "recycling processing center" to read
as follows:
Recycling Processine Center -Land or buildings
" reusable materials are bought, sold, exchanged, stored, baled,
cleaned, packed, disassembled or handled, including
metal, plastic, rags, paper, rubber, glass and wood products. wets
. '1'13e-ea~eer
resorrcwwi-i~cmczc$~aa.a axso oc ~.....,..............
••~~-~ The salvage of automobile and machinery parts are not included
and shall be prohibited at a recycling processing center. c+,,,.,..,...r ~..,.t,
me _...._., __- _..--_-~..--..~ ..--_- ---_ r.________ -_-______--~ r______ .. -___
The proposed definition of "recycling processing center" will delete the phrase
"where waste or discarded". The reason for removing this phrase is to
exclude any reference that a "recycling processing center" could accept solid
waste in any form or act as a transfer station. Staff is also proposing to
remove the reference of products resulting from the wrecking of automobiles,
and is proposing to add a new definition of "junkyard" which defines
automobile salvage. Staff is also proposing to remove the last sentence of the
definition related to storage of similar materials in connection with a
permitted manufacturing process within an enclosed area or building. Both
the City Attorney and staff did not feel that this was necessary. The
following is the proposed new definition of "junkyard".
Junkvard -Land or buildings where products resulting from the wrecking of
automobiles or other machinery is 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.
The amendment would also include adding "recycling processing centers" as a
conditional use in both the I-1 (Light Industrial) and I-2 (Medium Industrial)
zoning districts. Junkyards are currently allowed as a conditional use in the
I-1 (Light Industrial) and I-2 (Medium Industrial) zoning districts. Staff is
• not proposing to change where junkyards are allowed at this time.
s:planning:pc:95-04
I-1 (Light Industrial) and I-2 (Medium Industrial) zoning districts. Staff is
• not proposing to change where junkyards are allowed at this time.
Recommend¢tion
Staff recommends the Planning Commission recommend approval of the code
amendments as proposed in the attached ordinance.
~J
s:planning:pc:96-04