Agenda - Council - 11/13/1990 - Laserfiche WebLink

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YARD WASTE COMPOST FACILITY CUP RECONSIDER TERM By: Merland Otto and Bill Goodrich CASE Background: On October 23, 1990 the City Council approved a Conditional Permit for a yard waste compost facility. The facility woul limited to 10,000 tons annually and would be owned and operat~ ~,~.~I. The term of the permit was set for 20 months performance review in September of 1991. WMMI's legal counsel has since raised the concern whether or a new CUP could be issued at the end of the 20 month term s Ordinance 90-5 would seem to prohibit it. (The current application was submitted prior to the adoption of #90-5 and was not subject to the ordinance.) The applicable section of ordinance is included. It is the recollection of staff and the Applicant that the Co~ desired firm control regarding the term of the operation, but ~ it was not necessarily the intent of the Council to preclude Applicant from obtaining a new CUP if the operation perfo~ satisfactorily. WMMI is thus requesting the Council t© recons~ the term of the approved CUP or an exemption to #90-5 for purpose of avoiding a situation where the operation would prohibited beyond the initial 20 months. As it now stands, possible options for resolving this would b~ Do nothing. The Applicant would have to apply for a new and request a variance from #90-5. Extend the term of this CUP to a greater period than months, possibly modifying the conditions of the performs review. As a condition of this CUP, exempt the permit holder ~ Ordinance #90-5, Section 6e, ii, vii, ix, x for a period 54 months from date of issuance of the original CUP. Attached for your information are the applicable sections Ordinance 90-5 and the sections regarding "Term" and "Perform~ Review" of the CUP approved on October 23, 1990. Staff Recommendation: Staff recommends the modification of the CUP to exempt the PeI Holder from specific sections of 90-5 for a period of 54 montk