5.1. PCSR 04-14-2009REQUEST FOR ACTION
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To Item Number
Plannin Commission 5.1.
Agenda Section Meeting Date Prepared by
Planning Items April 14, 2009 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by Midwest Asphalt fox Ordinance Amendment to the erem Barnhart, Plannin Mana er
City of Elk River Land Use Regulations to allow Yard Waste Reviewed by
Site in the ME (Mineral Excavation) Zoning District, Public
Hearin -Case No. OA 09-02
Action Requested
Staff recommends that the Planning Commission recommend approval of the Ordinance
Amendment request, as attached.
Background/Discussion
The City has received a request to approve a yard waste site business in the city. After receiving
recommendation from the Planning Commission in March, the Council directed staff to prepare an
ordinance amendment that would permit yard waste site businesses in the Mineral Extraction zoning
district. The council suggested that a yard waste site business should be an interim use.
Financial Impact
None
Attachments
• Draft Ordinance
General Information
Issues typically associated with large scale yard waste composting businesses have been identified as
odors, dust, traffic (imports and exports), and noise.
These impacts are most consistent with a mining operation. Because of this, it seems most
appropriate to locate yard waste composting businesses in areas deemed appropriate for mineral
extraction (ME, mining). ME zones axe generally located most distant from concentrations of
people.
Analysis
To address the impacts identified above, staff is suggesting that the Planning Commission and
Council consider certain conditions, outlined in the ordinance, in addition to the general conditional
use permit conditions outlined in the zoning ordinance.
Case File: OA U9-02 Ordinance Amendment- Yaxd Waste Site
Page 2
Lastly, the Council suggested the use as an interim use permit and a time period of 5 years was
suggested. Staff has prepared an ordinance that allows the interim use to continue for 10 years, or
the cessation of the initung operations, which ever occurs first. The 10 years is suggested because a
5-year window may not be long enough to prepare the yard wastes to compost. Ten years is
requested by the proposed business.
Comprehensive Plan
Yard waste sites were not specifically considered as part of the Comprehensive Plan. The
Comprehensive Plan notes the primary objective of the district: "...is to allow the current mining
use of the land and address future land use when development becomes imminent."
Allowing yard waste composting businesses, and tying that business to the mining operation
(through the interim use permitting process) satisfies the goals of the Comprehensive Plan.
Transportation
The location of composting businesses should be carefully considered, taking advantage of existing
local roads with the capacity to handle large truck traffic.
Utilities
It is not suggested that yard waste composting businesses receive municipal water and sanitary sewer
services. In fact, the use is most appropriate in areas not receiving these services.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\OA\OA 09-02 Composting\Staff report composting in ME.doc
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Sec. 30-1835. ME mineral excavation overlay district.
(a) Purpose. The purpose of the mineral excavation overlay zoning district is to protect the
public health, safety, and general welfare by providing a specific zoning district for the use of
land for the establishment of mineral excavation operations and related facilities. Since these
uses are so unique, the demands upon public services such as transportation are so intense,
and their potential for causing harm to the environment and to the public health, safety and
general welfare is so great, a special zoning district is necessary. Mineral excavation
operations and related facilities shall not be permitted or conditional uses in any other
zoning district.
(b) Use regulations; ~ect of overlay honing. The mineral excavation overlay district is an overlay
zoning district. Land zoned into the mineral excavation district will also remain in its original
zoning district (the underlying zoning district). All permitted, accessory-.~~~€i conditional, <~~,t41
uses allowed in the underlying zoning district will continue be allowed on land zoned
into the mineral excavation overlay district, subject to all restrictions and requirements
applicable in the underlying district In addition to the uses allowed in the underlying zoning
district, there shall be allowed in the mineral excavation overlay district the following
conditional uses, subject to all requirements of this Code for the establishment and
operation of such uses:
II.
Mineral excavation operations and related facilities licensed under chapter 42, article
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