5.2. PCSR 04-14-2009Ji
c~cy or
Elk.
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2.
Agenda Section
Planning Items Meeting Date
April 14, 2009 Prepared by
Jeremy Barnhart, Planning Manager
Item Description
Midwest Asphalt for Conditional Use Permit to
uest b
Re Reviewed by
erem Barnhart, Plannin Mana er
y
q
amend existing CUP to allow Yard Waste Site business, Public Reviewed by
Hearing -Case No. CU 09-10 (continued from March 10,
2009 Planrri Commission meetir~ )
Action Requested
Staff supports a Planning Commission recommendation of approval for the amendment as presented.
Background/Discussion
The subject property has a valid Conditional Use Permit to mine gravel. The property owners desire to
allow a portion of their property to be used for a yard waste site business, proposed by another party. To
permit this use on the subject property, it is necessary to amend the original CUP to allow the yard waste
site. This amendment, if approved, would allow that use.
Financial Impact
None
Attachments
Location Map
General Information
Applicant Midwest Asphalt
60 Day Rule The application has been deemed complete as of March 5, 2009.
The City must take action by May 5, 2009
Requested Action Approval of CUP amendment
Location and Size Approximately 50 acres south of 221` avenue.
Case File: CU U9-lU
Page Z
Midwest ,Ssphalt
Yard Waste Site
Location Existing Use Land Use Plan Designation Current Zoning
Subject Mineral Mining R-1a/ME
Property Extraction
North Mineral Mining A-1/ ME
Extraction
South Mineral Mining R-1a/ME
Extraction
East Mineral Mining R-1a/ME
Extraction
West Mineral Mining R-1a/ME
Extraction
Overview
Midwest Asphalt is seeking a Conditional Use Permit amendment that would permit the property to
be used for a yard waste site, in addition to the already permitted Mineral Extraction operation. If
approved, Midwest Asphalt or another operator could operate a yard waste site, if granted an
Interim Use Permit.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. lYlill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
~y.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
4. lY/ill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and
will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. lYlill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Dill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. lYlill fully comply with 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.
S:\PLANNING MAIN\Case Files\CUP\CU 09-10 Midwest Asphalt\PC staff report 41409.doc
Case bile: CU U)-10
Page 3
Mid~~est Asphalt
Yard Waste Site
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 a CUP as outlined, it appears that the request is consistent with all
of these standards.
Analysis
The Conditional Use Permit as proposed merely adds a Yard Waste Site as a permissible
Conditional/ Interim use on Midwest Asphalt property as described. No other changes to the
original CUP are proposed, including the hours of operation, traffic, dust and storm water control
regulations.
Comprehensive Plan
The use is not a deviation from the Comprehensive Plan.
Action Motion by Second by Vote
Follow Up
S:\P1,ANNINU MAIN\Case Files\CUP\CU U9-10 Midwest Asphalt\PC staff report 41409.doc
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this day of , 2009,
by and between the QTY OF ELK RIVER, a municipal corporation organized under the
laws of the State of Minnesota (City), and Midwest As~,halt, a Mimresota corporation,
hereinafter referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made a}~plication to City to amend an existing
Conditional Use permit to allo~~, a ~-ard waste site on the propert3~ on property legally
described as follow:
The East Half of tllt I~olthezst Quarter, Northwest Quarter of the Northeast
Quarter east of the rlili-,~a~i, alld Southwest Quarter of the Northeast Quarter east of
the railroad, all in Setcio~l y, Township 33, Range 26, Sherburne County.
And,
Part of the Southeast Quarter of the Southeast Quarter which lies southeasterly of
the southeasterly line of 200 ft. wide strip of land, its centerline described as follows:
Commencing at the southeast corner thence south 89 degrees 42 minutes 21 seconds
west, along south line a distance of 1279.14 feet to point of beginning of said
centerline to be described; thence north 26 degrees 33 minutes 44 seconds east, a
distance of 1212.16 feet; thence northeasterly a distance of 238.84 feet along a
tangential curve, concave to the northwest, with a central angle of 04 degrees 46
minutes 37 seconds and a radius of 2864.79 feet, to intersection with north line and
there terminating. And which lies southeasterly of that part of centerline of 221St
Avenue described in Document # 317893. All in Section 4, Township 33, Range 26,
Sherbume County, Minnesota.
(the Property); and
Page 2
WHEREAS, the City of Elk River Planning Commission and City Council have held
hearings on Operator's request for a conditional use permit, at which hearings all citizens of
the City of Elk River and other interested parties have had the opportunityto be heard on the
application; and
WHEREAS, the City Council by motion approved an amendment to the conditional
use permit, allowing, the use of the property for yard waste site on the Property, subject to
certain conditions, including that Operator enter into a conditional use permit agreement
with City so as to fully comply with the City's Mineral Excavation, Zoning, and other
applicable ordinances; and
WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be
issued and that a conditional use permit agreement for yard waste sites be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
The Existing Conditional Use permit Recorded as Document # 621697 (recorded May 19,
2006, approved April 17, 2006), is hereby amended to include, in Section 3:
(24) Yard waste site
This Conditional Use Permit authorizes the Property as a yard waste site.
All other conditions of the Conditional use Permit remain in force and effect.
IN WITNESS WHEREOF, the City and Operator have caused this Agreement to
be duly executed on the day and year first above written.
QTY OF ELK RIVER OPERATOR/FEE OWNER
Midwest Asphalt
By: By:
Its: Mayor Its:
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
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Page 3
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
2009, by Stephanie A. Klinzing, the Mayor of THE QTY OF
ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
The foregoing instniment was acknowledged before me this day of
2009, by Lori Johnson, the City Administrator of THE QTY OF
ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by ,the
of Midwest Asphalt, a Minnesota corporation, on behalf of
the corporation, fee owner of a portion of the subject property and Operator on the
subject property.
Notary Public
This instrument was drafted by: City of Elk River
Environmental Division
13065 Orono Parkway
Elk River, MN 55330
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