6.3. PCSR 03-10-2009REQUEST FOR ACTION
To Item Number
Plannin Commission 6.3.
Agenda Section Meeting Date Prepared by
Planning Items March 10, 2009 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
a. Request authorization to amend Zoning Ordinance erem Barnhart, Plannin Mana er
b. Request by Midwest Asphalt for Conditional Use Permit Reviewed by
to amend existing CUP to include composting
operations at 12168 2215C Avenue, Case No. CU 09-10 -
Public Hearin -Recommendation to Table
Action Requested
a. Staff requests authorization to prepare an ordinance amendment that would allow, as a conditional use,
composting business in the Mineral Extraction zoning overlay district.
b. Staff recommends opening the public hearing, and continuing it to the April Planning Commission
meeting. This will allow the Council the opportunity to comment on the ordinance amendment request,
providing Staff and the applicant some direction.
Background/Discussion
The City has received an application for a composting business, a business that collects yard waste (grass
clippings, tree branches, etc.) and using natural processes, composts these, ultimately mixing it with sand
and topsoil and selling this material to landscape companies. The application received proposes this
business to be located on property currently mined, and zoned R-1a (mineral extraction). The property is
owned by Midwest Asphalt, just south of 221SAvenue.
In the review of the zoning ordinance for the application, it was noted that a composting business is not a
specifically permitted or a conditional use anywhere in the city. As with most businesses not addressed by
the zoning ordinance, the input of the Council is necessary to determine appropriateness within the city,
and identification of general issues before processing an ordinance amendment.
Financial Impact
None
Attachments
• Location Map
• Narrative
Case File CU 09-10 Midwest Asphalt
Page 2 Request for Conditional Use Permit
Overview
In the staff level analysis, it was determined that if composting was a business necessary or desirable
in Elk River, it would most appropriately be located in the Mineral Extraction zoning district. The
mining operations, being some of the most intense land uses in the city, bring identified noise, dust,
traffic, and water quality concerns. These uses are generally heavily regulated, often through a
conditional use or licensing process. Additionally, the composting business often requires sand or
topsoil to mix the final product; both of these are common in the gravel mining areas. Lastly,
Mineral Extraction is typically separated from sensitive residential areas, and limiting composting to
areas zoned mineral extraction locates them in areas able to handle it.
If the Council agrees, Staff is suggesting an ordinance amendment that would allow composting
businesses in the Mineral Extraction overlay zone, as a conditional use.
If an ordinance is approved, Staff envisions a two step process prior to operation: 1. Amend any
existing conditional uses for a given property, listing among the permissible uses for that property,
composting facilities. 2. Approve a conditional use permit, allowing a specific entity to operate
under specific conditions.
Action Motion by Second by Vote
Follow Up
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DESCRIPTION OF PROJECT
The project I propose is a composting site at the current Midwest Asphalt gravel pit
location. I would import clean yard waste materials such as grass clippings, leaves and
brush. After receiving the waste I would grind then screen the materials to produce a
finished product that I could resell, or mix with top soil or sand to produce more of an
engineered type product. The gravel pit already has a water quality containment program
in place that covers storm water. I will manage the odor by maintaining the compost piles
with turning to manage high temperatures which can cause odor and balancing the
nitrogen levels. I will also do the majority of my screening in the spring and late fall
when temperatures are cool to offset any odor caused by screening. I have experience
working with compost and know these basic steps reduce any odor. The turn around time
on compost can range from 6 weeks to 6 months depending on the product wanted and
the management of the pile. This location works well for me because it has sand and top
soil on site and has 169 access with 9 ton road.
WHAT IS BEING PROPOSED?
I would like a conditional use permit to import yard waste to include grass clippings,
leaves and brush. And to grind and screen these materials on this property.
HOURS OF OPERATION
I would like 7 a.m. ti117 p.m. Monday thru Friday and 7 a.m. ti115 p.m. on Saturday.
NUMBER OF EMPLOYEES
Possibly one employee but not for sure.
PROPOSED SCREENING ON SITE
Yes, I would like screening at this site, and just a note that there is already screening at
this site with black dirt and gravel.
PROPOSED BUILDING MATERIALS
Does not apply.
SIGNAGE
I don't need any signs.
OUTDOOR STORAGE
The outdoor storage that is needed is only for the materials previously mentioned, which
would include approximately 50 yards of sand, 50 yards of black top soil, and the brush
and compost which is hard to put an estimate on. I hope to rotate thru the system 10 to 15
thousand yards the first year, but only a fraction of that will be stored at the same time.
And yes, I would like to screen.
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FILE COPY
Erosion Control Plan:
The mining operation employs a variety of screening, crushing, and conveying
equipment, including loaders and dozers. The lubrication, fueling, and repair practices
used to maintain the equipment are designed to eliminate petroleum products from
ground contact. The Storm Water Pollution Prevention Plan (SWPPP) addresses practices
for proper storage, hauling, and use of petroleum products, as well as inspection and
response procedures.
The pollution prevention practices addressed on-site management planning to
minimize the opportunity for infiltrating water to carry contaminants to groundwater.
Plant foremen perform site inspections throughout the operating period. Observations and
conditions are reported for all applicable environmental programs. Rain that falls in the
mining area will be contained and allowed to seep naturally into the pit floor or be
directed to on-site containment areas. When and where necessary to prevent surface
runoff from entering the excavation, temporary small, earthen berms will be constructed
to direct surface water flow from the active mine site.
The Minnesota Pollution Control Agency's Storm Water Pollution Control Program
regulates this mining operation. Midwest Asphalt Corporation has an existing storm
water plan for aggregate operations that employs Best Management Practices (BMP's)
for pollution prevention. The management practices listed in the plan addresses both
petroleum products handling and erosion control, including the on property containment
of storm water runoff for suspended solids control. All storm water and spring snowmelt
water from within the mining operation is contained either in the excavation or on-
property containment areas with overflow pipes.
The only water leaving the site from the active mine area is the rainwater that falls on
approximately one block of paved road which is swept as needed or that falls on
undisturbed woods & meadow land. Site is inspected monthly when operating. All Trash
is collected.
Affect on Ezisting Utilities and Streets;
Estimated Daily Truck Traffic & Traffic Route:
Estimated Average daily number of vehicles accessing the facility:
40
Estimated peak daily number of vehicles accessing the facility:
210
Estimated operator-owned vehicles:
1/3 of vehicles could be operator-owned
Estimated non-operator owned vehicles:
2/3 of vehicles could be non-operator-owned
Traffic Route•
Material removed from the excavation site shall be transported within the city
exclusively upon the following haul route: 221St Ave. east to Highway 169
(Except for localized jobs or customers with localized jobs)
Utilities:
There is NO well on the property or private sewer systems located on the property.
A portable toilet will be on site and maintained during site activity.
There is one power line that runs along the property line on the north and east side.
This power line is pole mounted. Embankments are maintained and inspected regularly.
There is one under ground power supply line from 221St Avenue to the pit entrance for
supplying power to the job trailer for lights and fuel pump.
Protection Of Site:
This facility is protected with berms and barricades. At the entrance of the mining area
there is a gate that will be closed and locked when facility is not in use.
~~~~~,- FILE COPY