Agenda - Council - 02/23/2010 - Laserfiche WebLink

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Case # 1 7. d r REQUEST TO REVIEW/RENEW A CONDITIONAL USE PERMIT FOR AN ASPHALT PRODUCTION PLANT; CASE OF COMMERCIAL ASPHALT By: Amber G. Miller, Planning Manager Background: On July 12, 1988, the City of Ramsey issued a conditional use permit to Commercial Asphalt to establish and operate a hot mix asphalt plant south of County Road #116, east of Basalt Street and north of the Burlington Northern Railroad tracks. That conditional use permit expired on January 31, 1995. At the request of the Applicant, the City issued a new conditional use permit to continue the asphalt plant operations on February 28, 1995 and this permit expired on March 1, 2000. On March 28, 2000, the renewed the Conditional Use Permit for Commercial Asphalt and that permit expired on March 15, 2005. Commercial Asphalt has submitted another request to renew the Conditional Use Permit; their existing permit will expire on March 1, 2010. Notification: In accordance with State Statute, City Staff attempted to notify all property owners within 350 feet of the subject property of the request for renewal of permit. Observations: During the past five years of operation, there have been occasions when extended hours of operation have been necessary. In accordance with the terms of their previous conditional use permit, Commercial Asphalt always sought prior approval from the City for the extended hours of operation and supplied an explanation of why the extension was necessary. Commercial Asphalt is permitted by MPCA and they have a current Air Emission Permit. City Code states that conditional use permits are perpetual in duration so long as there is compliance with the terms of the permit. In 2000, there was discussion with the Planning Commission and City Council regarding the desire for a five (5) year term on the permit. Rather than issuing a five (5) year Interim Use Permit, the applicant agreed to accept a five (5) year term on a Conditional Use Permit. Upon Staff inquiry this year, the applicants again stated a preference for a five (5) year Conditional Use Permit rather than the Interim Use Permit. During the past five (5) year term of the permit, City Staff did receive complaints regarding odorous emissions and noise from the plant. These complaints were generated by a resident living near the plant. Each complaint was forwarded to the Applicants and every effort was made to address the issues. There was also the occasional complaint regarding opening early or the plant running after hours, but this was always when they were given permission by the City to do so. Recommendation: This is the fourth renewal of the CUP and City Staff is recommending approval of the permit request. Council Action: