6.1. SR 04-20-2009REQUEST FOR ACTION
To Item Number
Ci Council 6.1.
Agenda Section Meeting Date Prepared by
Communi Develo ment A ri120, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Midwest Asphalt for Ordinance Amendment to the
City of Elk River Land Use Regulations Section 30-1835 ME Reviewed by
Mineral Excavation Overlay District to Allow Yard Waste
Com ostin Site, Case No. OA 09-02 -Public Heari
Action Requested
Staff and the Planning Commission recommend approval of the ordinance as presented.
Background/Discussion
In March, the City Council authorized staff to prepare an ordinance that would allow a
composting business to operate in the City. In its research, staff felt that a "yard waste site" was
more descriptive of the use desired. It was felt that "composting business" is too broad a
definition, since food wastes could potentially be included in composting.
The initial direction from the City Council was that a "composting business" be an interim use,
and for afive-year period. The draft ordinance adopts the interim use, but in discussions with the
applicant, it was requested that the interim use be allowed for 10 years. The extra five years was
necessary as it takes three years to general usable compost from start up. Staff is suggesting
language that the IUP be allowed for 10 years, or if the mining operations cease, which ever
occurs first. If there is no mining operations, then 10 years is the proposed limit.
Financial Impact
None
Attachments
Staff report dated April 13, 2009.
Draft ordinance
Action Motion by Second by Vote
Follow Up
'''+~i
Elk
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1.
Agenda Section Meeting Date Prepared by
Planning Items Apri114, 2009 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by Midwest Asphalt for 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 pernzit 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, ini~iing). ME zones are 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.
Lase rile: UA UJ-UL Ordinance Amendment-lard 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 mining 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 truing
use of the land and address future land use when development becomes imminent."
Allowing yard waste composting businesses, and tying that business to the rrtinitig 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 D4AIN\Case Files\OA\OA 09-02 Composting\Staff report composting in blE.doc
(a. 1. ~lEv,ctoui-
Item # 6. I .
Revised to include
City Attorney's comments
ORDINANCE 09- - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
CHAPTER 30 OF THE CITY CODE OF ORDINANCES TO DEFINE YARD
WASTE SITE AND TO MAKE YARD WASTE SITES AN INTERIM USE IN
THE MINERAL EXTRACTION (ME) OVERLAY ZONING DISTRICT
The City Council of the City of Elk River does hereby ordain as follows:
Stril~eagl~s to be removed
Underlines to be added
Section 1. That section 30-1 of the City of Elk River Code of Ordinances, tided
definitions, shall be amended to add the following definition:
Yard waste site.
A site a~oro~ ved by the City Sherburne County and the Minnesota Pollution Control
Agency, if required for the storage transfer or composting of yard waste.
Section 2. That Section 30- 1835, subsection b shall be amended to read as
follows:
(b) Use regulations; ~ect of overlay honing. The mineral excavation overlay district is an overlay
zoxung district. Land zoned into the mineral excavation district will also remain in its original
zoning district (the underlying zoning district). All permitted, accessory, conditional and
interim 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:
Mineral excavation operations and related facilities licensed under chapter 42,
article II, as a conditional use.
Yard waste sites as an interim use, Provided
a) The Yard Waste Site use shall terminate 10 years from the date of approval or
upon the termination of the Conditional Use Permit for mining operations on the prooertT,
which ever occurs first.
b) The City m~ require that an escrow be deposited to ensure that the conditions
of the Interim use are adhered to.
cl Onl~yard waste and no other types of solid waste shall be accepted.
d~) The hard waste site shall be located no closer than three hundred (3001 feet
from any residentially used ~rooerty as measured from the edge of the nearest
compost pile to the nearest residentially used property.
s:\planning main\case files\oa\oa 09-02 composting\official ordinance.doc
e~~ The yard waste site shall be enclosed b~fencing or shall limit vehicular and
pedestrian access through the use of berms. trees or other means.
f41 The site shall be maintained cleanly including the immediate removal of waste
materials deposited on or near the site which cannot be composted.
Section 3. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the Ciry Council of the Ciry of Elk River this 20th day of
April, 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk
s:\document\ordinance\oa97-1. doc