5.3. PCSR 04-14-2009~/
acy or
Elk -.~_
River
REQUEST FOR ACTION
To Item Number
Planxun Commission 5.3.
Agenda Section Meeting Date Prepared by
Planning Items April 14, 2009 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by Karl Bekius for Conditional Use Permit for yard erem Barnhart, Plannin Mana er
waste site business, Public Hearing -Case No. CU 09-09 Reviewed by
Action Requested
Staff supports a Planning Commission recommendation of approval for the Conditional Use Permit as
presented.
Background/Discussion
Karl Bekius has made application to operate a Yard Waste Site at property owned by Midwest Asphalt.
Bekius would accept yard waste, i.e. grass clippings, tree branches, etc. This material would be
composted, mixing the composted product with sand and top soil (available on site), and sold to
landscape companies. It is not intended that the material would be sold directly to the general public on
site.
Financial Impact
None
Attachments
• Location Map
• Site Plan
General Information
Location and Size Approximately 50 acres south of 2215` avenue.
Applicant Karl Bekius
60 Day Rule The application has been deemed complete as of March 5, 2009.
The Ci must take action b Ma 5, 2009
Requested Action Approval of Conditional Use Permit
Case File: CU 09-10
Page 2
Karl Beckius
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
Karl Bekius is seeking an Interim Use Permit, giving him the ability to operate a Yard Waste Site on
property currently owned by Midwest Asphalt. The proposed use is consistent with the proposed
Ordinance amendment.
The use would be limited to the northeastern portion of the mining site. Based on aerial
photographs, the nearest residential unit is 750 feet from the proposed area dedicated to composting
operations. It is appropriate to limit operations to the northeast corner of the site, maintaining
maximum distance from neighbors.
Access to the site will be limited from the north, off of 221" Avenue, using the existing access drive.
Traffic will be directed to follow 221" Avenue to Highway 169.
The Interim Use Permit is limited to 10 years (as proposed by Ordinance). At the end of 10 years,
the business will need to either relocate, or receive an extension approved by the Council. The time
limit recognizes that the area is a transitional use, and once mining operations cease, the area will be
a large redevelopment site. The IUP protects the city against having a composting business in the
middle of prime commercial and industrial property.
Applicable Regulations
Interim Use Permit
The issuance of an Interim Use Permit can be ordered only if the use at the proposed location:
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 avelfare of the neighborhood or the
~y.
S:\PLANNING MAIN\Case Piles\CUP\CU 09-09 Bekius\PC staff report 4-1409 Corrections DI-Ldoc
Case File: CU U9-10
Page 3
Kasl Bcckius
Yard Waste Site
2. lY/ill be consistent with the comprehensive plan.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
4. 1Ylill be served adequately by and will not adversely affect essential public facilities and ser7rices including
streets, police and fire protection, drainage, refuse disposal, water and Seaver systems, parks and schools; and
will not, in particular, create tra~c congestion or interference avith tra~c on adjacent and neighboring public
thoroughfares.
5. 1~ill not involve uses, activities, processes, materials, equipment and conditions of operation that avill be
detrimental to any persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Dill 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.
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 fox an IUP as outlined, it appears that the request is consistent with
all of these standards.
Analysis
Expected typical concerns related to composting businesses include traffic, dust and storm water
control regulations. The conditional use permit allowing the composting business refers to
limitations. The proposed IUP follows the regulations established by Midwest Asphalt's Conditional
Use Permit, with regard to hours of operation, traffic access and off-site distribution, dust and storm
water control.
Comprehensive Plan
The use is not a deviation from the Comprehensive Plan.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-09 Bekius\PC staff report 4-1409 Corrections DH.doc
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
INTERIM USE PERMIT
FOR YARD WASTE SITE
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 Karl Bekius, hereinafter referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of an interim use
permit to operate a yard waste site operation within the City- on property legally described as
follows:
Part of the Southeast Quarter of the Southeast Quarter which lies southeasterly of
the southeasterly line of 2~3 ft, wide strip of land, its centerline described as follows:
Comme~icing 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 ro 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,
Sherburne County, Minnesota.
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a interim use permit, at which hearings
all citizens of the City of Elk River and other interested parties have had the opportunity to
be heard on the application; and
WI~REAS, the City Council by motion adopted, 2009, approved
a interim use permit for the operation of a gravel mining operation (the Operation) on the
Property, subject to certain conditions, including that Operator enter into a interim use
permit agreement with City so as to fully comply with the City's Mineral Excavation,
Zoning, and other applicable ordinances; and
Page 2
WHEREAS, the City's Zoning Ordinance requires that an interim use permit be
issued and that an interim use permit agreement for mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this Agreement
shall constitute the Interim Use Permit for the Property and, to be executed by City and
Operator, shall govern the parties' rights, responsibilities, and obligations with respect to the
operation, subject to the compliance by all parties with applicable city ordinances and state
and federal laws.
2.) Warrant~f Operator- Operator hereby warrants and represents to the City,
as inducement to the City's entering into this agreement, that the Operator is the fee owner
of the subject property or has a valid lease for the operation and the fee owner of the subject
property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to the Operation:
(01) This Interim Use Permit authorizes the site to include a yard waste site on
the Property.
(02) All yard waste mineral excavation and processing operations on the property
shall comply with the City's Mineral Excavation, Zoning and other applicable
ordinances; with the terms of this Interim Use Permit agreement and the
license agreement to be executed by the City and Operator, with the City of
Elk River's Environmental Impact Statement on Mineral Excavation; and
with the application materials and plans submitted by the Operator, which
plans and materials are the basis for the City's approval of the Interim Use
Permit.
(03) The Operator shall orally notify the City of any violations of this permit
within 24 hours and follow this with notification in writing within four (4)
working days of the violation. The Operator shall notify the City annually in
writing of the total area and amount of material mined and projected
estimates of area and amount of material to be mined in the following year.
This is to be done at time of license renewal.
(04) The license shall be renewed annually and shall run from June 1St through
May 31St. The annual license fee is that which is specified by the Elk River
City Council at time of renewal.
(05) Violations of this Interim Use Permit may result in suspension or revocation.
(06) The City Environmental Administrator and/or his/her agents shall be
permitted to inspect the Operation for compliance with the conditions of
this permit during normal hours of operation.
s~\planning main\case files\cup\cu 09-09 bel~ius\yardwastesitecup.doc
Page 3
(07) The City's approval of this Interim Use Permit is subject to the approval of
appropriate permits by other governmental agencies.
(08) No explosives shall be allowed for this operation.
(09) Traffic
a. Except for localized jobs, traffic through Elk River associated with
the Operation shall be limited to U.S. Highway 10 and 169. The
Operator will route traffic from the Operation to 221St Ave NW and
Highway 169 as directed by the Minnesota Department of
Transportation or the City of Elk River.
(10) Dust Control
a. All equipment shall be located as to reduce dust to adjacent
properties.
b. The City reserves the right to require additional measures to be taken,
if warranted by dust problems.
(11) Hours of Operation
The operator will be allowed to operate on the site from 7:00 a.m. until 7:00
p.m. and maintain equipment 24 hours a day, as long as the Operation does
not constitute a nuisance to surrounding properties as determined by city
staff. Upon approval of the Environmental Administrator, or his/her
designee, sale (hauling product off site) may occur outside of the permitted
hours (on a temporary basis not to exceed seven (7) days) to address an
unique situation.
(12) Noise
a. As deemed necessary by city staff, noise associated with this
Operation shall be controlled by equipment location on site, the
erection of sound barriers, the placement of stockpiles, and the type
of equipment used.
b. Noise levels associated with this Operation shall at no time exceed
State standards.
c. The City reserves the right to require that additional measures be
taken, if warranted by noise.
(13) The piling, storing, or keeping of old machinery, junk, debris, or abandoned
motor vehicles, shall be prohibited on this site, with the exception that
reusable parts maybe stored on the mineral excavation site provided that it is
in a location that cannot be viewed from adjacent properties or is totally
screened.
s~\planning main\case files\cup\cu 09-09 bekius\yardwastesitecup.doc
Page 4
(14) Groundwater protection measures shall include:
a. The Operator shall file with the City an Emergency Spill Prevention
and Counter Control Plan and a Storm Water Pollution Prevention
Plan as may be required by other governmental entities. The
Operator shall adhere to these plans in the event there is a spill.
b. The Operator shall provide the Fire Department with a copy of their
flammable or hazardous materials.
c. Fuel tanks shall be above ground, properly diked (if required by law),
and registered with MPCA.
d. All incidences that have the potential to adversely affect
groundwater, including but not limited to spills, shall be verbally
reported to the City within 24 hours. This verbal notification shall be
followed up in writing within four (4) working days.
e. The appropriate storm water permits (NPDES) shall be obtained by
the Operator from NIl'CA and copied to the City.
(15) Si~nage
Signage for the operation shall be that which is permitted for an industrial
operation in a medium industrial zone, with the exception that billboards are
not allowed.
(16) Oak Wilt
Cutting of trees between April 15 and July 15 is prohibited. The Operator
shall take other measures deemed appropriate by the Sherburne County
Forester to control oak wilt, such as, but not limited to: debarking or
destroying fallen diseased trees prior to April 15th, not leaving roots exposed
and avoiding mechanical damage on remaining trees.
(17) Setbacks
Setbacks are 50 feet from the property line.
(18) Other Permits
The Operator shall obtain all county, state and federal permits appropriate to
their operation and file copies of said permits with the City.
s~\planning main\case files\cup\cu 09-09 bekius\yardwastesitecup.doc
Page 5
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions hereof and
agrees to save and hold the City harmless from any and all claims or actions arising
from the operations of the Operator on the Property.
(02) Binding_Effect- The terms and provisions hereof shall be binding upon, and
inure to the benefit of the heirs, representatives, successors, and assigns of the
parties hereto and shall be binding upon all future owners of all or any part of the
Operation and shall be deemed covenants running with the land. This Agreement
shall be placed of record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees, if any, shall
be paid bythe Operator.
(03) Severable- In the event that any portion of this Agreement shall be held
invalid for any reason, the same shall not affect in any respect whatsoever the validity
of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of a breach of
any provision of this Agreement will not operate as or be construed to be a waiver of
any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or deposited in the United
States mail to the addresses hereinafter set forth by certified mail (return receipt
requested. The addresses of the parties hereto are as follows until changed by
written notice given as above:
If to the City at: City of Elk River
ATTN: Environmental Adm.
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at: Karl Bekius
10928 305th Avenue
Princeton, MN 55371
952/292-4385
(06) Incorporation by Reference- All plans, special provisions, proposals and
specifications, submitted pursuant to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
s~\planning main\case files\cup\cu 09-09 bekius\yardwastesitecup.doc
Page 6
IN WITNESS WHEREOF, the City and Operator have caused this Agreement to be duly
executed on the day and year fast above written.
QTY OF ELK RIVER OPERATOR
Karl Bekius
By:
Its: Mayor
By:
Its: City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
By:
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.
STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
Notary Public
The foregoing instrument 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
s~\planning main\case files\cup\cu 09-09 bekius\yardwastesitecup.doc
Page 7
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by Karl Bekius, 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
s~\planning main\case files\cup\cu 09-09 bekius\yardwastesitecup.doc