In order to grant an interim use permit (IUP), the City must find that the following conditions have been met:

1. The use is deemed to be temporary in light of the comprehensive guide plan and the use conforms to the zoning regulations;
2. The date or event that will terminate the use can be identified with certainty; and
3. The use meets the standards set forth in the zoning regulations governing conditional use permits.

Staff finds that the requested IUP to operate a residential organics drop off facility at the Western Service Center, 14955 Galaxie Ave, does not meet the conditions for issuance of an IUP.  As a result, staff is recommending denial of the request.  However, staff is providing guidance for two other actions the Planning Commission may consider.

1.  To Deny:  If the Planning Commission concurs and wishes to recommend denial the IUP, it should identify findings for why the requested IUP does not meet the City Code requirements.  Below is a suggested list for the Planning Commission's use. 

Findings for Denial:

1. The City of Apple Valley supports opportunities for residential organics recycling and believes residents benefit from conveniently placed residential organics drop off sites.  However, the Dakota County Western Service Center site is not a suitable location in the City of Apple Valley.
2. A trash enclosure is required at WSC and is proposed to be expanded to accept residential organic waste for recycling in the same location.  A 163,000 sq. ft. office building is required to manage only its building waste.
3. Working collaboratively with the City, alternative locations could be identified in support of residential organic recycling for and within Apple Valley.
4. Issuing an IUP for a 6-year period is not a temporary use of the property.
5. Conducting a residential organics drop-off facility at the Western Service Center is not consistent with the Comprehensive Plan designation for one of the primary institutional uses in the center of the City's Downtown.
6. Conducting a residential organics drop-off facility at the Western Service Center does not meet the standards set forth in the zoning regulations governing conditional use permits.
7. The Minnesota Pollution Control Agency (MPCA) defines a “Source Separated Organic Material Drop-Off Site” as a waste “Transfer Station.”  The site is further defined as a limited solid waste collection services transfer facility.  A waste transfer station is not listed as a permitted, conditional or accessory use in the P zoning district or any other zoning district in the City.
8. Potential nuisance impacts from a poorly managed waste disposal facility include insect, bird, rodent and rat issues; odors; unsightliness; abandoned hazardous and difficult-to-dispose waste. Any lapses or carelessness in the management of the facility could result in the creation of nuisances that could impact the entire Downtown and commercial center of the City.
9. The proposed residential organics container/drop-off area will be approximately 490’ from the weekly farmer’s market, 460’ from the nearest restaurant, Bogarts, and approximately 780’ from IHOP, Noodles and Jimmy Johns. The site will be approximately 1,000’ from the nearest grocery store, Fresh Thyme.
10. There are other possible sites controlled by the County and City that could be explored, offering sought after organic recycling to Apple Valley residents. 
11. Central maintenance and park maintenance locations can be explored that have an industrial character more consistent with a proposed waste collection and transfer use.

2.  To Approve:  If, on the other hand, the Planning Commission wishes to approve the IUP request, staff is recommending that it be approved with conditions.  The following conditions are recommended:

1. The interim use permit shall be valid for a period of one (1) year from the date of approval. Thereafter, the use shall be evaluated to determine whether to extend the IUP, amend the ordinance, or terminate the IUP.
2. The organics deposited at the site must be collected a minimum of twice weekly.
3. A maximum of 12 yards of residential organic material shall be transferred through this site.
4. The dumpster enclosure shall be constructed of in accordance with the site plan, A4 dated September 26, 2017, and revised April 12, 2018, and the elevation plan, A5 dated September 26, 2017, and revised April 12, 2018, with the condition that a landscape island shall not be removed, but may be reconfigured, on the east end of the dedicated parking spaces.
5. The exterior of the dumpster enclosure shall be maintained in good condition and the dumpster lids shall remain closed except when in use.
6. Any unwanted waste material left outside the enclosure shall be removed within 24 hours.
7. A routine cleaning and sanitizing strategy shall be submitted at the time of application of the building permit that provides for weekly sanitation of the facility.  The site shall be sanitized weekly.
8. Access for residents shall be limited to the hours of 5:00 a.m. to 10:00 p.m.
9. Access to the organics dumpster shall be by means of a secure access.
10. The organics dumpster site shall be inspected daily to ensure proper maintenance.
11. Only self-hauled residential organic waste and organic waste generated at the WSC and Apple Valley Library may be accepted at this location.

3.  Request Additional Information:  The Planning Commission may choose to not take action on the item if there are additional questions or information that is still needed before action can be taken.  The Planning Commission may wish to direct staff to meet with Dakota County staff to explore alternative drop-off locations.

Dakota County would like to expand its dumpster enclosure area on the north side of the Western Service Center (WSC) building to create a secured enclosure area for residents to drop off bagged organics waste.  Residents who sign up for the program would be given a code to access the secured organics dumpster.  Access to the site would be available from 5:00 a.m. to 10:00 p.m. daily.  The dumpster would be a 6-yard dumpster and the County estimates it would be collected a minimum of two times per week.  Approximately 1,400 residents are expected to participate and dispose an average of 10 yards of organics per week.

The WSC is located in the "P" (Institutional) zoning district.  The "P" district does not have a provision to allow operation of a waste collection or waste transfer facility.  It is not listed as a permitted, conditional or accessory use.  A compost collection area for the building would be permitted in the zone to service that facility.  However, the site will be available for the public to use which changes the use to a waste collection/waste transfer facility.

Interim Use Permits:  An interim use permit is a permit that allows a temporary use of the property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.  Dakota County requests the IUP for a period of six years or until curbside collection of organics is widely available to County residents.

The interim use permit is a request for a temporary use that is expected to be needed for a limited time period.  In general, the City issues IUPs for no longer than one year.  IUPs must meet the same standards as a conditional use permit.

Residential Organics Drop Off:  Organics includes food waste, non-recyclable paper and certified compostable products.  The County estimates that more than one-third of what is thrown away as trash could be composted.  Waste collected at the organics drop-off site would be hauled to a commercial composting facility outside of Rosemount.

Analysis:  The WSC building is a government services building with a connected library.  It provides general offices for County staff and court facilities.  Dakota County wishes to locate the drop off facility at the WSC building because it is conveniently located in the City's Downtown and centrally located for many residents.  An analysis of potential locations found that this location had the highest number of households within a two mile radius. 

The City will need to determine whether the proposed drop off facility is compatible with the use of the building as a service center building and its location in the Downtown area of Apple Valley. The Apple Valley Downtown is the commercial center of the City and contains a mix of office, retail, service, restaurant and grocery businesses.  A less-than-well-maintained drop-off facility could attract rodents, rats, create odors and negatively impact the Downtown.  The two existing Dakota County Organics Drop-Off Facilities are located on park property which provides a buffer between the drop-off area and abutting properties.

The City of Apple Valley supports opportunities for residential organics recycling and believes residents benefit from conveniently placed residential organics drop off sites. However, the Dakota County Western Service Center site is not a suitable location.  City staff would be happy to work with County staff to identify suitable locations in the City.  An ordinance amendment or IUP would likely be needed wherever the site is located in the City.