6.3. SR 04-20-2009/i
Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 6.3.
Agenda Section Meeting Date Prepared by
Communi Develo ment Aril 20, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Karl Bekius for Interim Use Permit for Yard Waste
(Composting) Site Business, Case No. CU 09-09 -Public Reviewed by
Hearing
Action Requested
Staff and the Planning Commission recommend approval of the Interim Use Permit as presented.
If the ordinance amendment (Item 6.1) is not approved, staff would recommend denial of the
Interim Use Permit as it would be inconsistent with the current City ordinance.
Background/Discussion
Karl Beckius proposes to operate "yard waste site" on property leased by Midwest Asphalt and
owned by Richard Bury. Mr. Beckius is familiar with the regulations established by the proposed
ordinance, and can abide by these regulations.
The Interim Use Permit (IUP) restricts the composting activity to the northern portion of the
mine. This location attempts to maximize the distance separation from residential-use properties.
The storm water, dust and noise control infrastructures are in place as part of the mineral
extraction operations; this IUP does not permit deviation from that.
The composting business is proposed to be on the east side of the entrance drive. Much of the
site will be screened with the existing buffers. No retail sales are permitted.
No public comments were received for or against the request when the Planning Commission
held their public hearing on Apri113, 2009. The Planning Commission added for clarity, that only
wholesale distribution of the product may occur at this site. Also, they recommended a condition
that the site be restored to its original condition at the end of the interim use, or when operations
cease, whichever comes first.
Attachments
• Staff report dated Apri113, 2009.
• Draft IUP
Action Motion by Second by Vote
Follow Up
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.3.
Agenda Section Meeting Date Prepared by
Planning Items Apri114, 2009 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by Karl Bekius for Conditional Use Permit fox 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 221ST 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
Kazl 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 2215` Avenue, using the existing access drive.
Traffic will be directed to follow 221St 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:
7. LVill 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
city.
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Case File: CU 09-10
Page 3
Kaxl Beckius
Yard Waste Site
2. Wlill be consistent avith the comprehensive plan.
3. Weill not impede the normal and orderly development and improvement of surrounding vacantproperty.
4. Weill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, avater and server systems, parks and schools; and
avill not, in particular, create tra~c congestion or interference ~a~ith tra~c on adjacent and neighboring public
thoroughfares.
5. i-Vill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. 1,Vill 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 czty.
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 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
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,~, ~~t/ vc~ '1 ZU~f~
4;
CITY OF ELK RIVER
AGREEMENT FOR AMENDMENT 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 Asphalt, a Minnesota corporation,
hereinafter referred to as (Operator);
WITNESSETI~
WI~REAS, Operator has made application to City to amend an existing
Conditional Use permit to allow a yard waste site on property legally described as follows:
The East Half of the Northeast Quarter, Northwest Quarter of the Northeast
Quarter east of the railroad, and Southwest Quarter of the Northeast Quarter east of
the railroad, all in Section 9, 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,
Sherburne County, Minnesota.
(the Property); and
Page 2
WI~REAS, the City of Elk River Planning Commission and City Council have held
hearings on Operator's request to amend the existing Conditional 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 approved an amendment to the a
conditional use permit, allowirl~, a Yard Waste Site on the Property, subject to certain
conditions, including that Operator enter into an agreement to amend the conditional use
permit with City so as to fully comply with the City's Mineral Excavation, Zoning, and other
applicable ordinances; and
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 Apri117, 2006), is hereby amended to include, in Section 3:
~24) Yard ~-sate site
The Property may include a yard waste site, provided an Interim Use Permit
far a Yard Waste Site is approved.
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
By:
Midwest Asphalt
By:
Its:
Its: Mayor
FEE OWNER
Richard Bury
By: By:
Its: City erk
STATE OF MINNESOTA
ss.
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Page 3
COUN'T'Y 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 instrument was acknowledged before me this day of
2009, by ~e~Tina Allard, the City ~~itr~ter-Clerk
of THE QTY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
Notary Public
STATE OF MINNESOTA
COUN'I"Y 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
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Page 4
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by Richard Burv, Fee Owner of 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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(~,~ ~~~~
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 (Cityj, 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 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 221
Avenue described in Document # 317893. All in Section 4, Township 33, Range 26,
Sherburne County, Minnesota. The Property}
WHEREAS, the City of Elk River Planning Comrnission and City Council have held
hearings on Operator's request for an 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
WHEREAS, the City Council by motion adePt~approved an Interim Use Permit,
allowing a Yard Waste Site on the Property, subject to certain conditions, including that
Operator enter into an Interim Use Pertrrit Agreement with City so as to fully comply with
the City's Zoning, and other applicable ordinances; and
WHEREAS, the City's Zoning Ordinance requires that an Interim Use Permit
Agreement for a Yard Waste Sites be entered into.
Page 2
NOW, TI-~REFORE, 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, t~-b ~~~e~~d-may ~'-~~=1d
8pe, shall govern the parties' rights, responsibilities, and obligations with respect to the
operation at the Yard Waste Site, subject to the compliance by all parties with applicable city
ordinances and state and federal laws.
2.) Warranty of 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 s=~bjee~ Pproperry or has a valid lease for the operation and the fee owner of the
~Pproperty shall also enter into this agreement.
3.) Conditions- The following general conditions shall applyto the Operation:
(01) This Interim Use Pernut authorizes '~'° ~_'~° *~ ~~"~"~° a Yard Waste Site on
the Property.
(02) Sale of product shall be limited to wholesale distributors.
(03) Reclamation - At the end of the interim use period, or when operations
cease, whichever comes first, the site shall be restored to its original
condition.
(04) All Yard Waste, mineral excavation, and processing operations on the
Pproperry shall complywith the City's Mineral Excavation, Zoning and other
applicable ordinances; with the terms of this Interim Use Pernut agreement
a ~t, r ,- ,- t, ,,,°,~ ~.., t~° r-~i~, ^nd ^.... ,. 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 Pemut.
(05) 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)
ldy ,..,~ ,.._.,~ .,..uz.,..,a.~
working days of the violation. '~' ~'~• t ~'~~? n~t:~°• ~~'° ~''~" ^"~"'^i~-°-
FT~r~~f-t~1 t t 1 .~ t ~ r 1 ~ .-„-1 ,.~°rl
b '
~,• + 1. ~ r t• ~ ~• ,-.~
tr~l ~"L, t' t, ll 1. a ll,> a_rl,^it ~~,,,,, 7,,,,° ~s~~
~"V 'p ~{ ~VF'CtC ZC2~~'E7~'^ ~ lT1ITJA YALd Lldtt d1V J 4J
1Y3"~{~Gf ~z ~ ~ • ~ tl, r ~ ~, • ~ c•.~• ,~ ~ rl-, ~ ll R •
-emu il-Y6 LJ Y' i.liGZ11'i-
(07) Violations of this Interim Use Permit may result in suspension or revocation.
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Page 3
(08) The City Environmental Administrator and/or his/her agents shall be
permitted to inspect the Operation for compliance with the conditions of
this perxrlit during normal hours of operation.
(09) The City's approval of this Interim Use Permit is subject to the approval of
appropriate permits by other governmental agencies.
(10) No explosives shall be allowed for this operation.
(11) 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.
(12) 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.
(13) 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
situaxion.
(14) Noise
a. As deemed necessary by city staff, noise associated with this
Operation shall be controlled by equipment located 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.
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Page 4
(15) 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.
(16) Groundwater protection measures shall include:
ae. Fuel tanks shall be above ground, properly diked (if required bylaw),
and registered with MPCA.
d:1?.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.
~c_The appropriate storm water permits (NPDES) shall be obtained by the
Operator from MPCA and copied to the City.
(17) Sl~g_e
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.
(18) 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.
(19) Setbacks
Setbacks are 50 feet from the property line.
(20) Other Pernlits
The Operator shall obtain all county, state and federal permits appropriate to
their operation and file copies of said permits with the City.
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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 nrnning 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 by the 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
(O6) 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 fullyas if set forth herein in full.
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Page 6
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
Karl Bekius
By:
Its: Mayor
By:
OPERATOR/LEASE HOLDER
Midwest Asphalt
By: By:
Its: City erk
STATE OF MINNESOTA
ss.
COUN'T'Y OF SHERBURNE
FEE OWNER
Richard Bury
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.
Notary Public
STATE OF MINNESOTA
COUNTY OF SHERBURNE
ss.
The foregoing instrument was acknowledged before me this day of
2009, by Tina Allard, the City ~°~Clerk
of THE QTY OF ELK RIVER, a Minnesota municipal corporation, on behalf of
the corporation.
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Page 7
Notary Public
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
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by Midwest Asphalt, Operator/Lease holder on the
subject property.
Notary Public
STATE OF MINNESOTA
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2009, by Richard Burv, Fee Owner of 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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