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HomeMy WebLinkAbout1995-05-17 Washington Co. Amended CUP WASHINGTON COUN M i', MINNESOTA { Department of Health, Environment, CERT. OF COMPLIANCE 35.00 �-- and Land Management: 612/430 -670 T otal Foss : 35.00 BAYTOWN T IP Total Paid : :00 PERMIT NUMBER 8095019 ZONING PERMIT Total Due : 85.00 Owner : ROB BUBERL LANDSCAPING 5750 MEMORIAL AVE N STILLWATER MN 55082 i Applicant : ROB BUBERL LANDSCAPING 439-8399 Typo of Permit : Certificate of Compliance , 11 / ; Project Address : 5750 MEMORIAL AVE N STILLWATER MN ,55082 Parcel 0 : 782002100 Legal Description : LOT 5 BLOCK 1 Geo -Cods : 08- 029 -20 -21 -0008 KERN CENTER Permitted Uses AMENDED /LANDSCAPING BUSINESS Authorised Work /s'Special Conditions • I' ,41. 1 ) This Amended Certificate of Compliance allows for expansion of the landscaping bytiness to include limited composting and tree waste processing. 2 ) SEE SPECIAL CONDITIONS AND RESTRICTIONS DATED MAY 17, 1885 WHICH ARE ATTACHED AND MADE PART OF THIS PERMIT. • _ I • , ' r Violation of any condition of this permit result in on id permit. Z� Permit Issue Date 5/17/85 Z. ng Administrator We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. Date : 5 -11 - YS Lrol&J 0 Owner or Representative / ■—• AMENDED CERTIFICATE OF COMPLIANCE BUBERL LANDSCAPING, INC. PERMIT #80 -95019 MAY 17, 1995 OWNER: ROB BUBERL APPLICANT: BUBERL LANDSCAPING, INC. PROJECT ADDRESS: 5750 MEMORIAL AVE N PARCEL NUMBER: 78200 -2100 LEGAL DESCRIPTION: LOT 5 BLOCK 1 KERN CENTER SECTION 6, T29N, R21 W BAYTOWN TOWNSHIP 1. GENERAL CONDITIONS 1.1 All conditions of the original Certificate of Compliance ( #80- 92054) must still be complied with. 1.2 This amended Certificate of Compliance allows for expansion of the landscaping business to include limited composting and tree waste processing. 1.3 All conditions of Baytown Township must be complied with. 1.4 Equipment must be operated in a manner so as to comply with noise standards of Baytown Township and Washington County. • 1.5 The berm must be extended along both property lines and planted with evergreen trees. Berms and plantings must be completed within 30 days of the issuance of this permit. 1.6 A final grading plan /stormwater management plan must be submitted and approved. 1.7 A maximum of 65% of the site can be covered with the entire business operation. 1.8 Solid waste may not be placed in the following areas unless a requirement is specifically waived in writing by the Minnesota Pollution Control Agency: • 1.81 Floodplains; • 1.82 Shoreland governed by MN Rule chapters 6105 and 6120; 1.83 Wetland; 1.84 Within a location where emissions of air pollutants would violate the ambient air quality standards in MN Rule parts 7005.0010 to 7005.3060; 1.85 Less than 5 feet above a seasonal high water table; / Buberl Landscaping, Inc. May 17, 1995 Permit #80 -95019 Page 2 1.86 On a site with karst features including, but not limited to sinkholes, disappearing streams, and caves. 1.9 The owner /operation may process only tree waste, yard waste, and untreated wood. 1.10 Once operation begins, additional conditions may be added to this permit to assure . the use is not detrimental to the area. 2. TREE WASTE FACILITY OPERATION 2.1 A sign shall be posted at the entrance stating, at a minimum, days and hours of operation, materials accepted or not accepted, and conditions of acceptance. 2.2 The site shall have sufficient security to control site usage. 2.3 Open burning is prohibited. w 2.4 Burial of waste is prohibited. 2.5 The operation shall not be permitted to alter or obstruct surface drainage so as to ' adversely affect other properties. 2.6 Drainage into the management area should be avoided. Impounding of water into the storage area, or drainage or other discharge of waste on other properties or public rights -of way is prohibited. 2.7 Unauthorized materials left at the site shall be immediately removed and properly disposed of by the owner /operator. 2.8 Adequate equipment shall be provided for storage or processing operation, including fire fighting equipment. 2.9 No tree waste shall be delivered before 7:00 a.m. or after 7:00 p.m. and no equipment shall be operated before 8:00 a.m. or after 4 :30'p.m. on weekdays and 9:00 a.m. to 4:30 p.m. Saturdays. There shall be no operation on Sundays. 2.10 The owner /operator shall maintain the site so that it is free to litter and other nuisances. 3. YARD WASTE COMPOSTING OPERATION // Buberl Landscaping, Inc. May 17, 1995 / Permit #80 -95019 Page 3 3.1 The owner /operator of a yard waste compost facility must notify the Minnesota Pollution Control Agency by Letter before beginning operation of the facility. The notification must include the facility location, the name of the contact person, the phone number of the contact person, the address of the contact person, the facility design capacity, the type of waste received, and the intended distribution of the finished product. 3.2 Odors emitted from the facility must not exceed the limits specified in MN Rules parts 7005.0900 to 7005.1400. 3.3 Composted yard waste offered for use must be produced by a process that ' encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. The composted yard waste must contain no sharp objects greater than one inch in diameter. 3.4 By- products, including residuals and recyclables, must be stored in a manner that prevents vector problems and aesthetic degradation. Materials that are not composted must be stored and removed at least weekly. 3.5 Surface water drainage must be controlled to prevent leachate runoff. Surface water drainage must be diverted from the compost and storage areas. 4. REPORTING REOUIREMENTS 4.1 An annual report shall be submitted to the Department of Health, Environment & Land Management, which shall be in compliance with MN Rules 7035.2585. 4.2 The owner /operator shall submit quarterly inspection and operation reports on a form provided by the Department of Health, Environment & Land Management. 5. CLOSURE 5.1 The owner /operator shall notify the, Department of Health, Environment & Land Management at least six (6) months prior to the termination of the operation. 5.2 All waste or other unauthorized materials must be removed from the site prior to closure. Closure shall be approved in writing by the Department. 5.3 A $2,500.00 financial guarantee must be posted with Washington County within 20 days of the issuance of this permit, to assure proper closure of the site. BAYTOWN TOWNSHIP Washington County Stillwater , MN 55082 PLANNING COMMISSION MAY 1. 1995 PUBLIC HEARING - BUBERL LANDSCAPING AMEND CONDITIONAL USE PERMIT - LOT 5, BLOCK 1, KERN CENTER The public hearing to consider the condtional use permit amendment for Buberl Landscaping to allow for use of a tree Binder on site to produce wood chips and public hauling of Bass / tree dippings in for composting was called to order at 7:30 P.M. Members present included: Chairman Dennis Trenda and Commissioners Diane McGann, Dick Shelley, Deb Foley, and Jerry Haug, and Secretary P.L. St. Clare. Approximately eleven citizens were in attendance. Rob Buberl, owner, gave an overview of his site plan and placement of the proposed tree wood chipping and composting rows from materials brought in by the public. He expects about two hundred yards of material to be brought on site during a busy week and wants to Bind brush at least once a week or more dependng upon demand. Materials hauled in will be monitored by Buberi, and Washington County will inspect questionable items like treated timbers and railroad ties for griming suitability. The Timing and composting will take place at the current site, but the adjacent sixteen acres (about four acres could be used in the future ), will be purchased by Buberl for possible expansion. Commissioner McGann asked about the composting process and was told by Buberl that the Bass materials are put in long rows about three feet high, monitored for temperature and odor, and turned as needed or wood chips added. Commissioner Shelley expressed his concerns over possible odors. Mr. Buberl will hire someone to oversee this process. Charman Trenda asked about use of the tree Binder and Town Board members who attended a demonstration at the site commented that not much noise is generated. Commissioner Haug asked if larger wood pieces are made into chips only, and Buberi explained that he does do shreddng also with the . same machine using gradation screens. Commissioner Haug asked if materials will be dropped ,off during regular hours and Buberl replied yes, during the course of his regular work day. Commissioner McGann was concerned over the creation of dust and Rob explained that sawdust is mixed in and he has not had a complaint yet. Planning Secretary St. Clare inquired about possible spontaneous combustion and Mr. Buberi responded that he has experienced no incidents with this situation. Page 2 - Planning Commission 5-1 -95 Buberl Amend. C.U.P. Commissioner Foley asked about future acreage use on the adjacent parcel Mr. Buberl intends to buy and was told that only about four total aces could be used . He has contacted Bruce Folz, Kern Center planner, to discuss addtional grading to the west. Foley also asked if the public will be charged for stop -offs and Buberl said yes because there is a real need for a convenient compost site. Supervisors Shusterich asked about the use of treated timbers and ties in the grinder and expressed concern about Washington County's commitment to monitor what will be chipped or shredded on a regular basis. Commissioner McGann inquired about the hours of operation and screening of the site. Mr. Buberl explained that hours now are 7:30 A.M. to 5:00 P.M., Monday - Saturday and that he is raising the berm levels and will complete site screening with 3' evergreens expected this week. Resident Barb Engle asked about the rural - residential zoning on the aciacent sixteen acres being compatible with this proposed use and also asked if trees had been removed by Buberl. Mr. Buberl stressed that he has not taken out any tees along the property line. Resident Palmquist commented that Buberl should have to keep with his current hours of operation. Commissioner McGann moved to amend the Buberl Conctional Use Permit at the current site based on the eight items and responses to those items outlined in the April 28, 1995 review letter from Dennis O'Donnell, with an addtional condition regulating the grinder's hours of operation to 8:00 A.M. to 5:00 P.M. on weekdays, and 9:00 A.M. to 5:00 P.M. on Saturdays. Motion seconded by Commissioner Haug and the final vote all in favor. a e-Le.-- P.L. St. Claire, Secretary Page 2 Planning Commission 8-9-95 land. Mr. Fankhauser risks financial hardship by not having reasonable use of this parcel to place an already purchased home and garage on the lot. Resident Steve Foley asked why someone would risk buying a home without knowing the buildability of the parcel beforehand ? Commissioner Haug cited Ordinance 602.02(4) that states that contiguous Tots under 2. 5acres be combined rather than developed individually. Mr. Galer stated that Del Fankhauser bought the adjacent lot, which was similar in size to the lot with his home, assuming it would be buildable. Commissioners McGann and Foley (Deb ), asked how the easements were calculated and deducted and would the setback be figured from the right of way one ? Town Attomey, Dave Magnuson, explained that it is not defined as mandatory to deduct easements from lot size. This lot contains a railroad easement, but could still accommodate a home. Attorney Galer stressed that placement of a home is a reasonable use of this land. Motion by Shelley, seconded by Foley, to approve the variance request. The vote: Shelley and Foley in favor; Haug and McGann opposed. No recommendation given. BUBERL LANDSCAPING C.U.P. AMENDMENT - COMPOSTING SITE 730 P.M. Rob Buberl has purchased sixteen acres of land ( zoned A -2) adjacent to and west of his retail center on Lot 5, Block 1, in the Kem Center -First Addition. Mr. Bubed would like to extend his composting operation to approximately four acres of the new parcel A n earlier approval of a conditional use permit amendment allowing composting at his retail center on Memorial Avenue was given in May 1995. Composting on the four acres would be done on the south end in rows eight feet wide by two hundred feet long with mulch storage to the north. A 3,500 square foot building would be placed on the north end of the site to hold watering equipment and chip coloring. Public and private trash haulers will dump grass clippings and approved wood substances for composting and chipping. Access will be through his Memorial Avenue site with secondary use of the old Highway 36 entrance to this parcel. The site will be bermed and planted to screen along Highway 36. The berm has been planned with a setback to encompass revamping of Highway 36. Commissioner McGann asked about possible groundwater contamination, making sure that only 25% of the site be impervious surface, and proposed charges to haulers. Mr. Bubed explained the creation of a holding pond for runoff and indicated that only four of the sixteen acres are really suited to a composting operation. He will charge about $ 7.00 per pickup truck load to be dumped. Resident Barb Engle asked about requiring entrance to the land through the Memorial Avenue site and Commissioner Shelley asked if the Highway 36 access would then be abandoned ? Mr. Bubed indicated that the Highway 36 driveway would be a secondary access only and that it adds significant value to the site. Commissioner Foley asked about inspections and was told that Washington County and Baytown would both review the site. Motion by McGann, seconded by Haug, to approve this C.U.P. amendment for this site based upon the conditions outlined in Permit 180.95019 issued on May 17, 1995 regulating the composting operation. All in favor. F. KEMPER - CONDITIONAL USE PERMIT FOR RETAIL/OFFICE /WAREHOUSE BLDG. 7:40 P.M. Frederick Kemper has proposed constructing a 22,400 square foot multi- tenant, retail - office - warehouse on Lot 7, Block 1, Kem Center - Second Addition. Builder John Low gave an overview of the site plan, building style, parking, drainage, and placard signage. Commissioner Shelley asked what portion would be retail and Mr. Low responded that about 5,600 square feet would be planned for, but that could change depending upon dient interest. Commissioner Haug asked about septic system restrictions on a facility this large with vaned tenant uses. Mr. Low replied that Washington County reviews future tenants and proposed uses to monitor water usage and identify any hazardous waste generators. Town Attorney Magnuson explained that a Certificate of Compliance will be issued for future tenants. Frank Shusterich asked about prior experience with this type of commercial build - ing and if the developers know their dientele. Mr. Low does not have particular renters at this time and can only speculate. Steve Foley asked about lighting and Mr. Low answered that perimeter parking lot lighting would be focused downward. Commissioner McGann asked about their local projects and Mr. Low identified the mini -mall building in Oak Park just west of Routson Truck Sales. Motion by Foley, seconded by Haug, to approve the conditional use permit based upon seventeen conditions stipulated in the July 27th O'Donnell review letter. Permit item fifteen (15) regarding the $10,000 financial guarantee will be reviewed additionally. All in favor. Patricia L St. Claire, Planning Commission Secretary • Page 2 8-9-95 June, July, & August Sun. - Thurs. 10:00 A.M. to 10:00 P.M. Fri. &Sat 10:00 A.M. to 11:00 P.M. Supervisor Fredkove seconded the amended motion and the vote was as follows: Shusterich, Fredkove, and Nelsen in favor; Nichols and Hansen opposed. Motion carried. FANKHAUSER VARIANCE: Brent Fankhauser wishes to place a home and garage on an undersized parcel adjacent to and east of a lot owned by his father, Del Fankhauser (12805 40th Street North). Mr. Fankhauser explained that the lot size is 2.79 aces and 2.0+ aaes after deductions of easements. ( This acreage total is disputed by Washington County). Present area zoning requires a home on a ten acre lot, however, a grouping of older homes just west of Mr. Fankhauser are all under the ten aae minimum. Mr. Fankhauser has complied with the town board's request to secure a survey, a septic system permit with a backup site, driveway access permit from Washington County, and assurances that no neighbors object to the plan. Greg Galer, Mr. Fankhauser's attomey, insisted that economic hardship (having invested in a home and garage to be moved in) is a factor to be considered along with other factors including the property being a separate parcel of record, it is too small for farming, k can accommodate a home, and would the placement of a home be a reasonable use of this lot? Zoning Administrator O'Donnell quotes Town and County Ordinance 60202 (4) which requires parcels under 2 5 aces in size to not be developed or sold individually, but combined in order to eliminate non- conforming parcels and explains that a "hardship' must be demonstrated in order to grant the variance. Motion by Shusterich, seconded by Fredkove, to approve the variance because the essential character of the locality will not be altered and it is a reasonable use of this lot by the landowner. All in favor. BUBERL LANDSCAPING C.U.P. AMENDMENT: AppIi nt Rob Buberl has purchased sixteen acres of land west ( zoned A -2) of his current retail site located on Lot 5, Block 1- Kem Center, and would like to extend his composting operation to about four to five acres of this new site. A previous permit amendment to allow composting was approved in May 1'995 for his present retail location on Memorial Avenue North. Composting would take place on the south end wkh mulch storage on the north end. A 3,500 square foot building will be built on the north end to hold watering equipment and chip coloring. Public and private trash haulers will bring in grass clippings and approved wooden products for composting and chipping. Access will be through his Memorial Avenue lot with secondary use of an existing Highway 36 access driveway. The town board expressed concem over access along Highway 36 with pending highway improvements. The site will be bermed and trees planted along Highway 36. A stormwater holding pond will be created and the Soil & Water Conservation District will review the drainage plan. The applicant must comply with the 25% impervious surface requirement on this site. Odors, unused byproducts and waste such as plastic bags must be disposed of. On site inspections will take place through Washington County and Baytown. Motion by Shusterich, seconded by Fredkove, to approve the Conditional Use Permit amendment allowing the composting operation on the adjacent sixteen aae parcel, use of the Highway 36 driveway as a secondary access only, submission of this site plan to MN DOT and Watershed Districts for review, and compliance with the May 17, 1995 permit conditions issued that govem the composting activities. AU in favor. KEMPER C.U.P. REQUEST: Frederick Kemper has purchased Lot 7, Blodk 1 in the Kem Center and has proposed constructing a 22,400 square foot retail - office- warehouse multi- tenant building. Builder John Low discussed the site plan including parking, landscaping, signage, architectural review of the building, grading and drainage towards the holding pond in the southeast corner of the plat, sewage disposal and future approval of tenant uses by Washington County to size the septic system, monitor water usage and identify hazardous waste generators. Motion by Hansen, seconded by Fredkove, to approve the Conditional Use Permit based upon the seventeen conditions outlined in the July 27th O'Donnell review letter with additional discussion of item fifteen (financial guarantee) with Washington County to clarify a financial release timeline. All in favor. LETTER OF CREDIT REDUCTIONS: Motion by Fredkove, seconded by Shusterich, to approve letter of credit reductions to one year work warranty amounts as follows: Weber -Kidd Addition from $33,000 to $2,000 ;