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t>c <br />�aic�v <br />IM rest rRaY antra Fr lies <br />Memo <br />Date: <br />June 10, 2010 <br />To: <br />Planning Commission <br />From: <br />Janice Gundlach, City Planner.14 <br />Subject: <br />Update on Belair Excavating (2200 Old Hwy 8 NW) <br />City scaly bas been working since last summer on a legislative solution to the illegal <br />coshing operation and 5 acre expansion at the Belon Excavating site located m 2200 Old <br />Highway 8 �Staff, with the assistance of the City Attorney, prepared an Overlay <br />Ordinance that provides a mechanism where Belair can apply for a Special Use Permit m <br />Permit the crushing diamond and ezponvion. This ordinance would strictly limit what <br />properties could rake advantage of the Overlay uses (i.e. aggegate crushing & recycling,) <br />and apply a strict set of conditions to control the an. These conditions include wise <br />abatement, dost & odor control, pile bright maximums, and site coverage limitations into <br />to name a few. City staff and the City Attorney and with Belair in April m review the <br />ordin orce and de cosine if they were willing m undergo the land use processes and <br />conditions that would be rryuired. This meeting also gave Belair on criminally in ask <br />questions and seek claifistioNrevuions to the announce. As of the end of Play, staff <br />and Belair have agreed in Overlay lhdirawm language. <br />The next step would be to undergo the legislative process whereby the Overlay <br />Ordinance "old get adopted and Belair would undergo the Special Use Permit process <br />to determine how the Overlay Ordiwwe conditions "old be met. It is thought that <br />these Processes would And simulteruwusly as staff wouldn't want m adopt the Overlay <br />Ordinance m he adopted without Belair upholding their end of the agreement to comply <br />with it by obtaining a Special Use Permit Tibbs process includes a public hearing before <br />the Planing Commkviom followed by City Council action. Staff wends to commence <br />this process immediately, although it will take some time for Belair m Prepare then <br />application materials. <br />The next step, following Belair assembling their application materials, would be m <br />schedule the item for an upcoming Planing Commission agemla and publish notice of a <br />public hearing Before that occurs, stats needs to advise the City Council of the intended <br />process and obtain direction to proceed in that manner. Hopefully, the process could be <br />complete by the end of the summa. <br />