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di That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e.1 That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. 10.'t'he Planning Commission and City Council found the Special Use Permit criteria of Section $ 130 are met due to the following: a.; 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. b Dust mitigation efforts, including irrigation and a water truck, will be used to control dust. q. A maximum pile height and pile coverage percentage will limit the negative impacts that result from an outdoor storage use. d Due to environmental constraints, the property cannot be put to other reasonable uses one might find in a Light Industrial zoning district. NowHEREFORE BE IT RESOLVED, that based upon the above Findings of Fact the application foq 16 Special Use Permit (SP2010-008) is hereby approved, subject to the following conditions: 1. A0option of an Ordinance establishing an Environmental Constraint Overlay Area. 2. (bmpliance with the conditions outlined in Section 7-810(2) of the Environmental Constraint Olverlav Area Ordinance. 3. 1_`he berm is constructed to an elevation of at least 926 and is shifted to the south to preserve I e existing drainage and storm water filtration/erosion systems currently on-site and to not i + pact the existing underground City watermain. 4, G oundcover and plantings for the berm shall be as specified by MnDOT for 1.5:1 slopes, e applicant shall incorporate sumac if feasible. 5. he berm shall be constructed within 36 months of City Council approval. The applicant all make yearly progress by completing 33% of the berm in each year following City uncil approval. If material is available, the applicant shall use their best efforts to nstruct the berm in 24 months. 6. A Rice Creek Watershed District permit is obtained and submitted to the City. 7. Any changes to the berm height, general location, and groundcover requirements require view and approval of an amendment to the Special Use Permit to ensure sound mitigation d aesthetic goals are met. 8. Use of the site is in conformance with the Site Plan prepared by Sathre-Bergquist, Inc, ofiginally dated 7/12/06 with the latest revision date of 7/23/10, and with pile storage subject t the setback and height standards of Zoning Code Section 6-060 and yard coverage H nitation of Section 7-810 (2)(F). 9, Aa annual inspection shall occur on or within 30 days of July 15th of the calendar year. The plicant agrees to allow up to 3 additional inspections per year in response to complaints d City staff shall provide advance notice of these inspections.