Agenda - Planning Commission - 05/03/2012

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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. 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. 14191 Ebony St NW Sauter and Sons, Inc., is utilizing this vacant parcel, which they own, for stockpiling of soil. There are multiple piles of soil 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 incorporate 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. Funding Source: The Applicant is responsible for all City costs incurred in administering and enforcing this Permit. Staff Recommendation: Over the past ten to fifteen (10-15) years, the City has expended approximately $2.3 million on land acquisition, public improvements, site improvements and demolition costs to eliminate blighted conditions in this area as part of the development of Gateway North Industrial Park No. 5. In 2003, this same request for processing demolition concrete was considered by the Planning Commission and due to several concerns, including the investment made in redeveloping this area, lack of adequate screening, uncertainty of environmental aspects associated with the demolition materials and the activity not being compatible with development in the industrial park, was recommended for denial. However, within the vicinity of the subject property are two similar uses, both operating with conditional use permits, and both include stockpiling and processing materials. If sufficient conditions are included in the permit, which may also include erosion control measures for the stockpiles and possibly berming along the western property boundary for screening purposes, this general area may be a logical fit for this type of use. The Applicant shall be required to submit a drainage, grading, and erosion control plan to ensure that the regional stormwater system is not negatively impacted by the proposed use. Given the nature of the use and concerns raised with the previous review for this same use, the Planning