Consider Request for a Conditional Use Permit to Process Demolition Concrete in the E-2 Employment District at 6651 141st Ave NW and to Stockpile Sand/Soil on a Vacant Property at 14191 Ebony St NW; Case of Sauter and Sons, Inc.

Tom Sauter of Sauter and Sons, Inc., owns the property located at 6651 141st Ave NW and the adjacent vacant parcel to the west (14191 Ebony St NW). Sauter and Sons, Inc., is in the excavation and demolition business and is currently stockpiling demolition concrete and asphalt on the property at 6651 141st Ave NW and has multiple stockpiles of sand/soil on the vacant parcel to the west. Staff became aware of the stockpiled concrete and asphalt and informed Mr. Sauter that the demolition concrete and asphalt are considered solid waste (confirmed by the MPCA) and therefore requires a conditional use permit. Section 117-427 of City Code requires a conditional use permit for storage, collection, transportation, treatment, utilization, processing, transfer, intermediate disposal and final disposal of solid waste, recyclable materials, or processed waste product. Mr. Sauter has submitted an application for a conditional use permit to process demolition concrete and asphalt into an aggregate to be used on other job sites. Through this application, Staff saw an opportunity to address the outside storage (sand/soil stockpiles) on the adjacent vacant parcel simultaneously.

In accordance with State Statute and City Code, Staff attempted to notify all property owners within 1,000 feet of the Subject Property of the Public Hearing via Standard US Mail. A Notice of Public Hearing was also published in the Anoka County Union.

The property at 6651 141st Ave NW is zoned E-2 Employment District and is approximately ten (10) acres in size. The vacant parcel is zoned PUD and is approximately four (4) acres. The surrounding properties are also zoned E-2 Employment District, with the exception of the two parcels to the east of 6651 141st Ave NW, which are zoned E-1 Employment District and PUD. The applicant has stated that they own approximately twenty-one (21) acres of land in this area including the two properties in question as well as a couple other buildings.

6651 141st Ave NW
Sauter and Sons, Inc., is in the excavation and demolition business. Mr. Sauter is requesting the conditional use permit to process demolition concrete and asphalt from their job sites into an aggregate that can be reused for rock entrances to construction sites and as base material for parking lots. Mr. Sauter has stated that this would not be open to the public to dispose of used concrete and asphalt. Mr. Sauter has stated that he is pursuing this in an attempt to be more competitive in the construction field.

Mr. Sauter has stated that the crushing activity would be conducted one time per year. It would take one (1) day to set up the equipment and three (3) days to crush the material. Crushing would occur between the hours of 7:00am and 5:00pm. The processed material would also be stockpiled on the property for use by Sauter and Sons, Inc. on their various job sites.

According to the site plan submitted, the stockpiled demolition concrete and asphalt would be confined to an area that is ninety (90) feet wide by 200 feet deep. The demolition concrete and asphalt stockpile is adjacent to an existing stockpile of soil. After the material is processed, it would be stockpiled on the other side of the soil stockpile and would also be confined to an area ninety (90) feet wide by 200 feet deep. The existing soil stockpile appears to have been approved as part of the original site plan for the property in 2001. The current site plan indicates that both the demolition concrete and asphalt stockpile and the stockpile of processed concrete and asphalt would be limited to a height of fourteen (14) feet. However, the applicant has since measured the height of the existing demolition stockpile and has informed Staff that its height is approximately eighteen (18) feet.  The proposed permit has been adjusted to reflect the measured height.  The total area of the three (3) stockpiles would be approximately one and a half (1.5) acres.

There are some existing, mature deciduous trees scattered along the eastern boundary and some young evergreen trees along that same boundary as well as south of the stockpile areas. The applicant has also indicated that twelve (12) new evergreens would be installed along the western boundary. No screening is proposed along the northern property line. None of the existing or proposed evergreens have reached maturity and therefore, provide only limited screening of the stockpiles.

Staff has contacted the Minnesota Pollution Control Agency (MPCA) regarding this proposed use and was informed that no solid waste permit through the state would be required because, as outlined in MN Rules 7035.2860, there is a Standing Beneficial Use Determination for uncontaminated crushed concrete used as a substitute for conventional aggregate. However, monitoring the material for contaminated concrete and/or asphalt, such as concrete with lead based paint, would be the responsibility of the City and/or County or both. Other permits may also be required, such as a Nonmetallic Mining and Associated Activities permit, through the state. Staff has instructed the applicant to contact the MPCA directly to determine what, if any, additional permits are necessary for the concrete/asphalt crushing operation.  A term of the permit requires that documentation be provided to the city by the permittee related to any other required permits or correspondence with other regulatory agencies.

14191 Ebony St NW
Sauter and Sons, Inc., is utilizing this vacant parcel, which they own, for stockpiling soil. There are multiple soil piles on this property. Since this is a vacant parcel, the outside storage would be considered the primary use of the property. While the property is zoned PUD, the underlying zoning would be E-2 Employment District and within this zoning district, open and outside storage as a principal use requires a conditional use permit.

Stockpiling of soil on this vacant parcel, with certain conditions in place, may be a reasonable use of the property. Again, the owner of the parcel is in the excavation business and this property is directly adjacent to headquarters for Sauter and Sons, Inc. The main concern with this use would be erosion control to prevent sediment from entering the retention pond and storm sewer system. If this use is approved, it would require the development of a site plan showing location and size of stockpiles and any expansion, whether it be a building or additional stockpiles, would require an amendment to the conditional use permit.

The Planning Commission held a public hearing regarding both requests at their May 3, 2012 meeting. At the public hearing, the applicant submitted four (4) letters of support from surrounding property and building owners.  Also, the applicant stated that during the winter, he has no other option for disposal of the demolition material (as the other two similar uses in Ramsey are either shut down or operate on very limited hours).  Staff has looked into this and has found several other options for disposal of this material in both Elk River and Blaine.  During the public hearing, a concern was raised that the applicant hadn't complied with the regulations and obtained necessary permits prior to stockpiling of the demolition concrete and ashpalt and that this same applicant did the same thing about ten (10) years ago.  This is correct; however, through the City's code enforcement program, the applicant was notified of the violation and informed that this type of use required a Conditional Use Permit.  The applicant submitted the application for a conditional use permit and is attempting to resolve the issue through the appropriate channels.  

In the early 2000's, the City expended approximately $2.3 million on land acquisition, public improvements, site improvements and demolition costs to eliminate blighted conditions in this area as part of the development of Gateway North Industrial Park No. 5. In 2003, this same request for processing demolition concrete was considered by the Planning Commission and due to several concerns, including the investment made in redeveloping this area, lack of adequate screening, uncertainty of environmental aspects associated with the demolition materials and the activity not being compatible with development in the industrial park, was recommended for denial. However, within the vicinity of the subject property are two similar uses, both operating with conditional use permits, and both include stockpiling and processing materials. If sufficient conditions are included in the permit, which may also include erosion control measures for the stockpiles and possibly berming along the western property boundary for screening purposes, this general area may be a logical fit for this type of use. The Applicant shall be required to submit a drainage, grading, and erosion control plan addressing both sites to ensure that the regional stormwater system is not negatively impacted by the proposed uses.

Given the nature of the use and concerns raised with the previous review for this same use, Staff had asked the  Planning Commission if they might want to consider amending the Zoning Code to permit these types of uses as an Interim Use. Many communities use the interim use permit process authorized under Minnesota Statute for permitting these types of uses, as these types of uses may be acceptable in the near term, but may not be so in the long term. This is true for the City's grading, filling, and mining process, which is administered via an interim use permit.  Ultimately, the Planning Commission was not interested in considering this as an interim use.  They felt that the proposed Conditional Use Permit contained adequate controls and recommended approval of both permits contingent on the applicant developing a drainage and erosion control plan acceptable to the City.

The Applicant is responsible for all City costs incurred in administering and enforcing this Permit.

6651 141st Ave NW

Motion to adopt findings of fact relating to the request for a Conditional Use Permit for processing demolition concrete and asphalt in the E-2 Employment District.

-and-

Motion to adopt Resolution #________ approving the request for a Conditional Use Permit for processing demolition concrete and asphalt on the property at 6651 141st Ave NW contingent upon review and approval of a drainage and erosion control plan and declaring the terms of the permit, based on findings of fact.

-or-

Motion to adopt Resolution # ________ denying the request for a Conditional Use Permit for processing demolition concrete and asphalt on the property at 6651 141st Ave NW, based on findings of fact.

14191 Ebony St NW

Motion to adopt findings of fact relating to the request for a Conditional Use Permit for open and outside storage as the principal use in the E-2 Employment District.

-and-

Motion to adopt Resolution #________ approving the request for a Conditional Use Permit for open and outside storage as a principal use on the property at 14191 Ebony St NW contingent upon review and approval of a drainage and erosion control plan and declaring the terms of the permit, based on findings of fact.

-or-

Motion to adopt Resolution # ________ denying the request for a Conditional Use Permit for open and outside storage as a principal use on the property at 14191 Ebony St NW, based on findings of fact.