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That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. 10. 7The Planning Commission and City Council found the Special Use Permit criteria of Section R-130 are met due to the following: �L The existing berm is being expanded to mitigate unreasonable sound emanating from the property and to screen the main rubble pile from the residential properties to the west. 1a. Dust mitigation efforts, including irrigation and a water truck, will be used to control dust. ,. A maximum pile height of 12' and maximum volume amount of 400 cubic yards should control negative impacts resulting from the use. The confinement area will control blowing debris and odors. All material will be transferred off site within 24 hours. Due to environmental constraints, the property cannot be put to other reasonable uses one might find in a Light Industrial zoning district. Now HEREFoRE BE IT RESOLVED, that based upon the above Findings of Fact the application for �a Special Use Permit (SP2010-008) is hereby approved, subject to the following conditions: 1. A ption of an Ordinance establishing an Environmental Constraint Overlay Area. 2. Copliance with the conditions outlined in Section 7-810(3) of the Environmental Constraint Oy,rlay Area Ordinance. 3. TU 40' x 40' x 6' concrete confinement area is constructed in accordance with the submitted 4. T# berm is constructed to an elevation of at least 926 and is shifted to the south to preserve th ' existing drainage and storm water filtration/erosion systems currently on-site and to not in L act the existing underground City watermain. 5. G undcover and plantings for the berm shall be as specified by MnDOT for 1.5:1 slopes. The al I licant shall incorporate sumac if feasible. 6. T berm shall be constructed within 36 months of City Council approval. The applicant shall Tome yearly progress by completing 33% of the berm in each year following City Council ay I roval. If material is available, the applicant shall use their best efforts to construct the berm in 4 months. 7. Atce Creek Wtershed District permit is obtained and submitted to the City. 8. Achanges to the bene height, general location, and groundcover requirements require re 'ew and approval of an amendment to the Special Use Permit to ensure sound mitigation aesthetic goals are met. 9. U of the site is in conformance with the Site Plan prepared by Sathre-Bergquist, Inc, o jYinally dated 7/12/06 with the latest revision date of 7/23/10, including the hand drawn yard w to area drawn by Murlowski Properties Inc., and with pile storage subject to the setback st lidards of Zoning Code Section 6-060 and yard coverage limitation of Section 7-810 (2)(F). 10. A i annual inspection shall occur on or within 30 days of July 15th of the calendar year. The al I licant agrees to allow up to 3 additional inspections per year in response to complaints and C staff shall provide advance notice of these inspections. 11. In the event of a significant rain event while yard waste is present in the yard waste coffinement area, applicant will make reasonable efforts to reduce potential stormwater runoff fr the yard waste confinement area by covering the confinement area and/or using portable ruHoff/erosion protection.