Agenda - Council - 05/22/2012 - Laserfiche WebLink

Home

existing stockpile of soil. After the material is processed, it would be stockpiled on the other side of the soil stockpile and would also be confined to an area ninety (90) feet wide by 200 feet deep. The existing soil stockpile appears to have been approved as part of the original site plan for the property in 2001. The current site plan indicates that both the demolition concrete and asphalt stockpile and the stockpile of processed concrete and asphalt would be limited to a height of fourteen (14) feet. However, the applicant has since measured the height of the existing demolition stockpile and has informed Staff that its height is approximately eighteen (18) feet. The proposed permit has been adjusted to reflect the measured height. The total area of the three (3) stockpiles would be approximately one and a half (1.5) acres. There are some existing, mature deciduous trees scattered along the eastern boundary and some young evergreen trees along that same boundary as well as south of the stockpile areas. The applicant has also indicated that twelve (12) new evergreens would be installed along the western boundary. No screening is proposed along the northern property line. None of the existing or proposed evergreens have reached maturity and therefore, provide only limited screening of the stockpiles. Staff has contacted the Minnesota Pollution Control Agency (MPCA) regarding this proposed use and was informed that no solid waste permit through the state would be required because, as outlined in MN Rules 7035.2860, there is a Standing Beneficial Use Determination for uncontaminated crushed concrete used as a substitute for conventional aggregate. However, monitoring the material for contaminated concrete and/or asphalt, such as concrete with lead based paint, would be the responsibility of the City and/or County or both. Other permits may also be required, such as a Nonmetallic Mining and Associated Activities permit, through the state. Staff has instructed the applicant to contact the MPCA directly to determine what, if any, additional permits are necessary for the concrete/asphalt crushing operation. A term of the permit requires that documentation be provided to the city by the permittee related to any other required permits or correspondence with other regulatory agencies. 14191 Ebony St NW Sauter and Sons, Inc., is utilizing this vacant parcel, which they own, for stockpiling soil. There are multiple soil piles on this property. Since this is a vacant parcel, the outside storage would be considered the primary use of the property. While the property is zoned PUD, the underlying zoning would be E-2 Employment District and within this zoning district, open and outside storage as a principal use requires a conditional use permit. Stockpiling of soil on this vacant parcel, with certain conditions in place, may be a reasonable use of the property. Again, the owner of the parcel is in the excavation business and this property is directly adjacent to headquarters for Sauter and Sons, Inc. The main concern with this use would be erosion control to prevent sediment from entering the retention pond and storm sewer system. If this use is approved, it would require the development of a site plan showing location and size of stockpiles and any expansion, whether it be a building or additional stockpiles, would require an amendment to the conditional use permit. The Planning Commission held a public hearing regarding both requests at their May 3, 2012 meeting. At the public hearing, the applicant submitted four (4) letters of support from surrounding property and building owners. Also, the applicant stated that during the winter, he has no other option for disposal of the demolition material (as the other two similar uses in Ramsey are either shut down or operate on very limited hours). Staff has looked into this and has found several other options for disposal of this material in both Elk River and Blaine. During the public hearing, a concern was raised that the applicant hadn't complied with the regulations and obtained necessary permits prior to stockpiling of the demolition concrete and ashpalt and that this same applicant did the same thing about ten (10) years ago. This is correct; however, through the City's code enforcement program, the applicant was notified of the violation and informed that this type of use required a Conditional Use Permit. The applicant submitted the application for a conditional use permit and is attempting to resolve the issue through the appropriate channels. Recommendation: