Agenda - Planning Commission - 02/01/2000

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') Case # REQUEST TO RENEW A CONDITIONAL USE PERMIT FOR AN ASPHALT PRODUCTION PLANT; CASE OF COMMERCIAL ASPHALT By: Zoning Administrator Sylvia Frolik 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 will expire on March 1, 2000. Commercial Asphalt has submitted an application for a renewal of the permit to continue the plant operations. The following items are enclosed for your information: a) b) c) d) Site location map Site plan Proposed findings of fact Proposed conditional use permit 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. Based on records indicating that there have not been any complaints regarding the operations of the asphalt plant, City Staff has always approved the extension of hours for temporary periods of time. City Staff cannot fmd any documented complaints about the operation in the last 5 years. Commercial Asphalt is permitted by MPCA and they have a current Air Emission Permit. As you know, the Planning Commission and City Council have recently been dealing with the issue of conditional use permits and interim use permits. The amendments to City Code are not complete at this point in time, but the City Council has directed Staff to prepare an ordinance amendment to eliminate the option to place expiration dates on conditional use permits, in accordance with State law. Therefore, the conditional use permit for Commercial Asphalt has been drafted without an expiration date and the conditional use will be in effect as long as there is compliance with the terms of the permit. Recommendation: City Staff recommends approval of the request.