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5.3. SR 03-16-2009REQUEST FOR ACTION To Item Number Ci Council 5.3. Agenda Section Meeting Date Prepared by Community Develo ment March 16, 2009 Jexem Barnhart, Plannin Mana er Item Description Reviewed by Request for Conditional Use Permit fox Compost Operation A. Request Authorization to Amend Zoning Ordinance Reviewed by B. Request by Midwest Asphalt/Karl Bekius for Conditional Use Permit to Amend Existing Conditional Use Permit to Include Composting Operations at 12168 221st Avenue, Case No. CU 09-10 -Public Hearing -Recommendation to Continue 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 20, 2009 City Council meeting. This will allow staff time to prepare an amendment and present to the Planning Commission for review at their Apri114, 2009 meeting. Summary 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. Planning Commission Discussion The Planning Commission considered the use and felt that the use would be appropriate in the City, if it were located in the mineral extraction area, due in part to the traffic, noise, dust, and other features found in the area. The Planning Commission tabled the request by Midwest Asphalt/Karl Bekius to their April 14t`' meeting. Public Comment There was no comment. S:\PT,ANNTNG MATN\Case Files\CUP\CU 119-1U Midwest Asphalt\CC staff report authorization to pursue.doc Attachments • Staff Report to Planning Commission dated March 10, 2009 Action Motion by Second by Vote Follow Up S:\PT,ANNTNG MATN\Case Files\CUP\CU U9-lU Midwest Asphalt\CC staEEreport authorization to pursue.doc REQUEST 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 221St 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 pemvtted 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 Page 2 Midwest Asphalt 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 coancerns. 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. Q-CtlOrl Motion by Second by Vote Follow Up _. _ __ S\PI.~~TNING M.',IN\Case Files\CtiP~CU 09 IO Midwest Asphalt\PC Staff report 3-1(1-D9.doc 5 ~ ~~p _ g Cr jM,£ v~ss ~ a~ ~ ~T~ j~"~ A ' "~ y " n y f +. ~ ^~ ~ L F K - ~ N . . , ,, a ~'~ et .r~ ." y ~L .. :. -- , ss r _..___. ~ , as l;~ Z .~ ~ as x 3 ~ ~' `j ,~~, / ~ ~~ C ~ ~p'~ ~ r, ~~` •M.,,.. .. ~"A r 0 n ~• ~=.~ ~ ~~ -~ ~~ 3 v ~~~--\ x n D ^' ~ ~ t WtR.S.n ~ rµ~ ,.F~ a -~~ . ~N ~O , ,~.. S:~PLANNING~Case Files~CUP~CU 09-10 Midwest Asphalt~Locatiopn Map.dwg, 2/19/2009 11:46:49 AM 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 yazd 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. till 5 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 hazd 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 11~e to screen. _y ,gip W~~fi~':~y,p'~~: 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. ,~ ..~ . w :~,. ~... .. ~ ~ ~. .?~~.._ Affect on Ezisting Utilities and Streets; Estimated Daily Truck. Traffic & Traffic Route: Estimated Average daily number of vehicles accessirig_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 * r, Yip. ..