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Worksession Item M � E,UN tfx:' city that wrks te)r lfw Memo Date: July 9, 2009 To: Mayor and Council Dean Lotter, City Manager From: Janice Gundlach, City Planner Grant Fernelius, Community Development Director Subject: July 14th Work Session on Belair Excavating Introduction This memo is to provide background information on the discussions between the City and Belair Excavating concerning their site at 2200 Old Highway 8. At the work session on Tuesday, staff will provide some options for the Council to consider. Our goal is get some direction on a course of action. Background City staff and Belair Excavating have been working cooperatively since the summer of 2007 concerning a number of land use issues associated with their property. In September of 2007 staff met with the Council at a worksession, where these land use issues were discussed (see attachment 5). What became clear is there are two major issues that need resolution: 1) No land use approvals exist that permit the processing of material (i.e. aggregate crushing). A 1991 Special Use Permit does exist but only allows the outdoor storage of black dirt, bituminous, concrete and gravel (Resolution 91-094). 2) The operation has expanded onto additional land without the required amendment to the 1991 Special Use Permit. The Industrial District standards do not explicitly allow aggregate crushing. However, Zoning Code Section 6-050 (2) allows the City Council to approve any use in an 1-1 district by review and approval of a Special Use Permit. However, any use deemed heavy industrial shall not be allowed in the 1-1, Light Industrial district. Because Belair's site is zoned for light industrial there is no mechanism to allow a Special Use Permit unless the code is amended or the site is rezoned to 1-2, Heavy Industrial. Thus, this is a situation where an illegal use cannot be rectified under current Zoning Code standards.