Agenda - Council - 11/26/2002 - Laserfiche WebLink

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I I I I I I I I I I I I CASE # STATUS OF CONDITIONAL USE PERMIT FOR ASPHALT MIX PLANT; CASE OF COMMERCIAL ASPHALT By: Community Development Director Sylvia Frolik Background: At Citizen Input at City Council meetings on October 22 and November i2, City Council received a complaint on each date from a resident regarding bad odors emanating from the Commercial Asphalt plant located at 14100 Basalt St. N.W. Staff was directed to research the history of the conditional use permit and related complaints, and what enforcement capabilities the City has when odors may not exceed PCA pollution limits but may be subject to local nuisance laws. Observations: History of Conditional Use Permit Issuance and Renewal In 1988, the current owner applied to the City for a conditional use permit to operate the asphalt plant. As a part of the conditional use permit process, the Planning Commission conducted a public hearing. At the' hearing, two comments were submitted regarding the concern With the current owners then existing plant in Anoka, and the potential for odor problems at the Ramsey site. The permit was issued and it was in effect until 1995. In 1995, the City renewed the conditional use permit for the asphalt plant. Again, the Planning Commission conducted a public hearing and there was one comment submitted in opposition to renewing the permit. The Council approved the permit and it was in effect until 2000. In 2000, the City renewed the conditional use permit for the asphalt plant. The Planning Commission conducted the public hearing and there was one comment submitted in opposition to renewing the permit. The Council approved the permit and it will be in effect until 2005, as long as the conditions imposed are complied with. Complaint Record Relating to: Commercial Asphalt Plant Year Comment 1988 None recorded in case file. Public hearing minutes noted odors at existing site in Anoka. 1989 Plant shut down for one day; haulers using wrong haul route. 1990 None recorded in case file. 1991 Staff received a complaint of operations commencing before 6:00 a.m. Plant equipment was not started before 6:00 a.m. Front end loaders were started before 6:00 a.m. so they would be ready to start dumping product into the mixers at 6:00 a.m. 1992 None recorded in case file. 1993 None recorded in case file. 1994 Complaint received of loud machinery. At the time, the plant had a 3 week permit to operate 24 hours a day for a Hwy. #242 project. 1995 None recorded in case file. Complaint of odors received at the permit renewal public hearing. I I I I .251-