5.2. PCSR 12-08-2009City of Elk River Item Number
REQUEST FOR PLANNING COMMISSION
ACTION 5.2.
Agenda Section Meeting Date Prepared by
Planning Items November 8, 2009 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
Waste Mana ement, Inc. -Amendment to IUP Peter Beck, Ci Attorne
Action Requested
Approve a 10-year extension of Interim Use Permit CU 07-18 for Waste Management, Inc. (W1VII), 22460
Highway 169 NW, issued in July 2007. The original Interim Use Permit is slated to expire December 31,
2009. Approval of the 10-year extension would allow the use to continue until December 31, 2019.
Location
22460 Highway 169 NW
Introduction
The original Interim Use Permit was issued on July 16, 2007 and permitted WMI to keep the existing red
metal skinned building until December 31, 2009 or until a CUP approval for a Household Hazardous
Waste (HH~ Facility had been obtained. At this time, there are no plans for constructing a HHW
facility. This existing red metal-skinned building serves the general public as a drop-off center for
recyclables, white goods, electronics, demolition debris, and wood products. It also offers a raised drop-
off area for residents where Municipal Solid Waste (MSS can be directly deposited in roll-off containers
for subsequent hauling byElk River Landfill to the active face.
There are no changes to the original approved site plan proposed.
The original Interim Use Permit is attached for reference.
Attachments
• Location Map
• Narrative from applicant
• Interim Use Permit # CU 07-18
Planning Commission Action Motion by Second by Vote
Follow Up
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1.0 Interim Use Application Summary
1.1 Introduction
Elk River Landfill, Inc. (ERL), awholly-owned subsidiary of Waste Management of Minnesota,
Inc., owns and operates a landfill under Minnesota Solid Waste Permit Number SW-74. ERL is
also licensed and permitted by both Sherburne County and the City of Elk River ("City"). The
existing 164-acre landfill is located along U.S. TH 169 on 476 acres of land located in the NW '/4
of Section 3, T33N, R26W, and the SW 1/4 of Section 34, T34N, R26W, Sherburne County,
Minnesota (see Drawing titled "Site Plan- Entire Property"). The remainder of the property (312
acres) provides a buffer surrounding the property. ERL is permitted to accept Municipal Solid
Waste (MSW), demolition and construction debris, yard waste for composting, industrial waste
in accordance with a MPCA-approved Industrial Solid Waste Management Plan, and processing
facility rejects from the Elk River Resource Recovery Facility.
On June 16, 2006, the Elk River City Council granted a Conditional Use Permit (CUP) to ERL
for the construction of a new office building at the landfill, immediately west of the existing gas
to energy plant. As part of that CUP approval, one of the conditions was that an existing red
metal skinned building (storage/maintenance building) was to be removed in its entirety. In a
follow-up action on July 16, 2007, a Conditional Use Permit for an addition to the new office
building and to retain the western 3,100 square feet of the red skinned building was approved by
the City of Elk River. As part of that CUP approval, one condition was that the remaining
portion of the existing storage/maintenance building was to be removed by December 31, 2009.
The new office building was constructed on the parcel of land (designated parcel number 75-
103-2105) at the landfill that also contains the previous storage/maintenance building as well as
the landfill gas to energy plant and other landfill related infrastructure (see drawing titled
"Detailed Site Plan") The building used for storage/maintenance previous to the new building
construction remains at the site and is integral in the operations at the landfill. The building now
T:\0742\1410\Interim Use Application Summary.doc 1-1
serves as storage for recyclables that are collected at the landfill (e.g. appliances and electronics)
that should not be exposed to the elements. In addition, a citizen drop-off center was constructed
surrounding a portion of the temporary maintenance building in fa112008 that consists of
separate areas for collection of recyclables, white goods, electronics, demolition debris, wood
products. It also provides for a raised drop-off area where MSW can be directly deposited in roll-
off containers for subsequent hauling by ERL to the active face. The surrounding area and
parking lot have also been upgraded with new pavement.
1.2 Description and Scope of Project
ERL is requesting with this application submittal, an Interim Use Permit (IUP) for the temporary
storage/maintenance building at the landfill. As previously stated, the temporary
storage/maintenance building waste was to be removed by December 31, 2009 in accordance
with the CUP granted on July 16, 2007. However, Waste Management is requesting that the IUP
grant an extension for the continued use of the temporary storage/maintenance building for
storage of recyclables as part of the citizen drop-off and convenience center service to the public.
1.3 Duration of Request
The ERL requests an extension for ten years for use of the temporary storage/maintenance
building under this IUP.
1.4 Hours of Operation
The citizen drop-off area and temporary storage of recyclables will only be used during the
operational hours of the landfill, which are currently 6:00 a.m. to 7:00 p.m. Monday through
Saturday, excluding holidays. The landfill is operated in accordance with the operational
T:\074211410\Interim Use Application Summary.doc 1-2
requirements enforced the MPCA permit and may only accept waste during off-hours for certain
circumstances that will not affect the hours of operation at the recyclables area.
1.5 Number of Employees
The ERL employs approximately 14 people at the current landfill site; these employees also
operate the recyclables storage area.
1.6 Number of Parking Stalls (existing and additional)
The landfill employees park their vehicles at the sites' office building located near the te>porary
maintenance building (see detailed site plan). There are currently 20 parking stalls located at the
office building as well as additional room for parking in the yard area to the north of the office
building.
1.7 Signage -how many, what type, location
The ERL maintains a sign at each site entrance (two) that describes the wastes that may be
disposed at the ERL, the site hours, and the days the site is open to the public for deposit of
recyclables. The signs also contain information on the disposal prices and a contact name and
number for the landfill. There will be no additional proposed signs required with this IUP.
1.8 Outdoor Storage
There is outdoor storage available for appliances, tires, and electronics on the south side of the
temporary maintenance building site as well as storage bunkers on the north side of the building
T:\0742\1410\Interim Use Application Summary.doc 1-3
for the temporary storage of citizen deposited materials such as demolition debris and wood
products.
T'.\0742\1410Vnterim Use Application Summary.doc 1-4
2.0 Interim Use Permit Requirements
2.1 Land Use Application Form
A completed Land Use Application Form is included as Attachment 1.
2.2 Application Fee
The application fee is provided by ERL with this application submittal.
2.3 Labels for Property Owners within 350 feet of the subject parcel obtained from the
Sherburne County Property Tax Division
The labels are attached in Attachment 2 for the property owners around the entire ERL property.
2.4 All submitted hard copy graphics shall also be provided on a CD in .pdf format at
least 300 dpi and no larger than 11" x 17" (floppy disks will not be accepted)
A CD in .pdf format of this application including graphics is included in Attachment 3
T:\07420410\Interim Use Application Summary.doc 2-1
2.5 One typewritten narrative shall be submitted and it shall also be provided on a CD
in a Microsoft Word format.
See Section 1.0 -Interim Use Application Summary of this Application for project narrative.
This narrative is included on the attached CD referenced in Section 2.4 above.
2.6 Site Plan
A site plan showing the entire Elk River landfill property as well as a site plan showing a more
detailed view of parcel number 75-103-2105 and, in particular, the new office building and
temporary maintenance building are provided in the drawings section of this Application. The
site plan showing the entire Elk River landfill is provided for additional infornlation only and is
at a larger scale to accommodate the entire site.
2.7 Landscape Plan
The layout of citizen drop-off area and topographic contours around the temporary maintenance
building are shown on the attached site layout drawing.
2.8 Utility Plan
This property is served by existing private wells and septic system. No additional utilities are
required for the IUP.
T:\0742\1410\Interim Use Application Summary.doc 2-2
2.9 Tree Preservation Plan
Not applicable.
2.10 Grading/Drainage Plan
The attached detailed site plan drawing shows the grading immediately surrounding the
temporary storage/maintenance building. The landfill utilizes a series of ditches and on-site
sedimentation ponds to control surface water at the site. The area around the temporary
storage/maintenance building has been graded to shed surface water to an existing sedimentation
pond to the north side of the building through a catch basin and drainage pipes.
2.11 Floor Plans
Not applicable
2.12 Signage -Location of wall signs and freestanding signs
No new signs are proposed. See Section 1.7.
2.13 Wetland Delineation (if wetlands are present)
Not Applicable --No wetlands are present.
T:\0742\1410\Interim Use Application Summary.doc 2-3
2.14 County Review Letter if adjacent to County Road(s)
Not applicable.
2.15 All other information as determined by City Staff
ERL is not aware of any other information that has been requested by City Staff.
T:\0742\1410\Interim Use Application Summary.doc 2-4
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Office of the County Recorder
Sherburne County, MN
Doc. No. 660325
Certified filed and/or recorded on
10- 0-2007 at 10:15
Mi I Ashe, County Recorder
Fee: $ 46.00
E'
660325
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
In the matter of: Waste Management
CONDITIONAL USE
PROCEEDINGS
Request: Conditional Use Permit fora 32'x12' steel addition on the north side of their
existing building that was approved in 2006, and to retain the western 3,100
square feet of red skinned building, Case No. CU 07-18
Waste Management, Owner
ORDER GRANTING
CONDITIONAL USE
The above entitled matter came to be heard before the City Council on the 16~ day of July,
2007, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for
the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. ALL COMMENTS OF THE PLANS EXAMINER MEMO DATED JUNE 5, 2007
SHALL BE ADDRESSED.
2. THE IMPROVEMENTS SHALL MEET ALL APPLICABLE BUILDING AND FIRE
CODES, INCLUDING COMMENTS FROM FIRE CHIEF DATED JUNE 5, 2007.
3. THE EXISTING STORAGE BUILDING SHALL BE RESIDED WITH A MATERIAL
COLOR CONSISTENT WITH THE GAS PLANT.
4. THE EXISTING STORAGE BUILDING SHALL BE REMOVED BY DECEMBER
31, 2009 OR APPROVAL OF A CONDITIONAL USE PERMIT FOR A NEW HHW
BUILDING BE OBTAINED.
CITY OF ELK RIVER CITY COUNCIL
5. THE PROPOSED ADDITION SHOULD BE SIDED WITH A MATERIAL COLOR
CONSISTENT WITH THE GAS PLANT.
G. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE SUBMITTED
PRIOR TO THE RELEASING OF THE BUILDING PERMIT. THE LETTER OF
CREDIT MAYBE USED TO SECURE COMPLETION OF ALL IMPROVEMENTS,
INCLUDING, BUT NOT LIMITED TO PARKING LOT, STRIPING,
LANDSCAPING, ESTABLISHMENT OF DISTURBED AREAS, PAYMENT OF
CITY INCURRED EXPENSES, AND THE REMOVAL OF THE STORAGE
BUILDING BY DECEMBER 31, 2009.
7. THIS APPROVAL OF THE CONDITIONAL USE PERMIT SHALL EXPIRE
AFTER 2 YEARS, UNLESS THE SUBSTANTIAL COMPLETION IS SHOWN OR
THE OWNER OR OWNERS AGENT HAS RECEIVED AN EXTENSION.
DATED this 16th day of July, 2007.
S:\PLANNING\Case Files\CUP\CU 07-18 Waste Management\Itecording doc.doc
STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER
ELK RIVER
I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year.
eremy nhart
Plan g Manager
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand atE~~~lk//~River,
Min esota, in the County of Sherburne, in the City of Elk River, on the ~~~~day of
2007.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
Elk River, Minnesota 55330 this ~~ day of L~007.
OFFICE OF CITY PLANNING
AND ZONING
DEBORAH KAY HUEBNER
PfOTARY PUBLIC -MINNESOTA
` ' Y. r,1y Ccmmiss~on Ezp~res Jan. 31 2010
S:\PLANNING\Case Files\CUP\CU 07-18 Waste Management\Recording doc.doc
EXHIBIT A
The north 470 feet of that part of the Northeast Quarter of the Northwest Quarter of
Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying east of a line
described as beginning at a point on the north line of said Northeast Quarter of the
Northwest Quarter a distance of 650 feet west of the intersection of said north line with the
westerly line of the right-of--way of U.S. Highway No. 169; thence south parallel with the
west line of the North Half of said Northwest Quarter to intersect the south line of said
Northeast Quarter of the Northwest Quarter and there terminating.
S:\PLANNING\Case Files\CUP\CU 07-18 Waste Management\Recording doc.doc