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October 26 , 2010 at 2200 Old Highway 8 NW. Details of the overlay address noise limitations, odor and dust mitigation, blowing debris, screening, maximum pile heights, as well as a time limit in which yard waste can be can be stored on the premise. 'The special use permit would permit the crushing of aggregate material. The primary concern is related to the piles of material on the site, as well as noise; specifically tailgate banging. A berm is proposed to address both issues. The applicant initiated a noise study, details of the study were shared; it does indicate that the berm would reduce noise substantially. Two site lines were prepared; from Rockstone Court and from Mississippi Street, currently there is a clear view to the rubble pile, the proposed berm is expected to screen the rubble pile from both locations. The yard waste transfer use is a new concept. The use would allow yard waste haulers to dump material on site for a period not to exceed 24 hours. The primary concerns include; odor, truck noise, the volume of the material, the length of time the material would be on site, and the possibility of blowing debris. The Site Plan analysis was reviewed. A neighborhood meeting was held, where eleven interested people attended. The following concerns were expressed: noise, esthetics of the berm, construction details of the berm, contingency plan for the daily removal of the yard waste, and the City's ability to perform inspections in order to ensure compliance. The Planning Commission held a Public Hearing at both the September 21 and October 19t1 meetings. The commission recommended adoption of the overlay and the two special use permits. The applicant requested three years to complete the berm; the Planning Commssion recommended a two year time line, as well as a landscaping requirement. Staff recommended the following: • Adopt the ordinance establishing an Environmental Constraint Overlay Area. • Adopt the attached Resolution approving a Special Use Permit allowing for an agg crushing/recycling operation subject to 9 conditions • Adopt the attached Resolution approving a Special Use Permit allowing for a yard transfer facility, subject to 11 conditions as outlined. Motion by Councilmember Phillips, seconded by Coindlmember Burg to approve the ordinance establishing an Environmental Constraint Overpay Area as recommended by the Planning Comn 5 Ayes, 0 Nays, Motion Carried Councilmember Phillips acknowledged the many hours the Planning Commission spent discussing the items, and expressed his gratitude to the Commission for their input. Councilmember Phillips suggested condition number 4 of the aggregate crushing resolution, and condition number 5 of the yard waste transfer site resolution include the requirement that the planting material meet MNDOT standards. In addition the specific requirement of evergreen and deciduous trees be changed to sumac if applicable, in addition to any other MNDOT standard. Councilmember Burg questioned how the berm will be constructed to prevent sliding; as it is very steep. Mr. Michael Murlowski responded that all erosion control measures will be in place 'during the construction process. Councilmember Phillips questioned the applicant, if three years were granted to build the berm, would you complete the project in two years if at all possible? Mr. Murlowski confirmed this request. Councilmember Phillips suggested authorizing one annual inspection, unless three complaints Page 3 of 5