Minutes - Council - 07/24/2001 - Laserfiche WebLink

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Case #5: Request for an Interim Use Permit for a Temporary Concrete Batch Plant; Case of Bailard Ready Mix, Inc. Community Development Intern Kielblock stated that the City has received a request for an interim use permit from Ballard Ready Mix, Inc. to set up and operate a temporary concrete batch plant on a portion of undeveloped land west of Armstrong Boulevard, adjacent to the west of the Adolfson-Peterson site. During the last three years, the property has been subject to grading and export of soils by the landowner. The City granted a conditional use permit in 1998 to Gerald Bauer, landowner, for the express purpose of grading and mining. The conditional use permit is up for renewal in August 2001. David Ballard is proposing to lease a portion of the subject property from Gerald Bauer to facilitate a concrete batch mixing business. The property is currently zoned Industrial and is included in an ordinance adopted by the City Council on June 26, 2001, placing it within the boundaries of a 24-month development moratorium. The ordinance states that interim use permits may be considered during the moratorium. City Code states that an interim use permit can be in effect for a maximum of five years. The application stated that the term of the use would be 24 months (2 years). The applicant is proposing to utilize the property at current grade set on bare ground. Staff recommends that compacted class- 5 be utilized on the driveway and approach. Currently, there are no structures on the property. The applicant is proposing the placement of an 18' x 20' shed for secure storage. Other temporary structures include an aggregate bin, conveyor, and cement silo. The silo will not extend over 36-feet in height. There will be no fuel tanks on the site. Water needed for operation will be initially provided by a "buffalo" water tank and then by a sand-point well sometime in the future. Fencing with a minimum height of six feet is recommended by staff to encompass the area of operation. The landowner understands the intended use for the property and signed the Land Use Application as "fee title owner". Further inquiry, as directed by the Planning Commission, gives notice that the landowner does not wish the applicant to be include under his surety. Furthermore, the landowner was supportive of Staff/Planning Commission recommendations. The applicant has attained written permission from Adolfson-Peterson for use of the private drive leading from Armstrong Boulevard to the property. The applicant is proposing business hours of 6:00 a.m. - 6:00 p.m., Monday through Saturday. City Code establishes work hours from 7:00 a.m. - 10:00 p.m. The applicant's estimated number of roundtrips per day is at four trips per cement truck (four trucks) with two trips per week for support vehicles bringing in bulk materials. The applicant is not solely dedicated to one customer, but will be doing business "for hire" on a job-to-job basis. The Planning Commission reviewed the interim use permit request and held a public hearing on July 12, 2001. There was no public comment during the public hearing. The applicant has since come forward with a request to extend the interim use period to three years. Staff recommends granting the interim use permit for two construction "seasons" as opposed to 24 months. The interim use permit would expire November 1, 2003. The Planning Commission recommended approval of the interim use permit request with the addition that staff provide a sketch drawing of the area to be covered with class-5 and that clarification be obtained prior to the Council meeting pertaining to the applicant's use of the landowners surety. Councilmember Hendriksen inquired as to the amount of the surety that was being required. City Council/July 24, 2001 Page 14 of 24