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PLANNING REPORT <br /> DATE: August 15, 2014 <br /> CASE: LP2014-005, SP2014-005, ZA2014-002 <br /> SUBJECT: Site Plan, Special Use Permit, and Zoning Code Amendment Facilitating <br /> an Expansion of an Outdoor Aggregate Crushing/Recycling and <br /> Equipment Storage Land Use at 2200 Old Highway 8 NW <br /> APPLICANT: Murlowski Properties Inc. <br /> REQUEST&BACKGROUND <br /> Murlowski Properties Inc. (MPI), requests the following land use actions to facilitate an <br /> expansion of their current operation at 2200 Old Highway 8 NW, known as Belair Excavating: <br /> • Zoning Code Amendment — the existing and proposed land uses are permitted through <br /> Article 7 of Chapter 6 of the Zoning Code, titled Environmental Constraint Overlay Area. <br /> In order to process an expansion of MPI's operations (Belair Excavating), this ordinance <br /> must be amended to ensure the preservation of certain planning principals affected by this <br /> industrial use. While the request has been made by the applicant, mostly due to it <br /> benefiting only their business, City staff and the City Attorney have drafted the <br /> amendment and proposed conditions in a manner that aims to protect adjacent and <br /> surrounding land uses and the general public. <br /> • Special Use Permit — the applicant intends to use a portion of the expansion land for <br /> aggregate crushing and recycling and associated equipment storage, which is a specially <br /> permitted use under the Environmental Constraint Overlay Area Ordinance. As such, a <br /> special use permit request must be processed to ensure the conditions noted (and <br /> proposed to be amended) are met. <br /> • Site Plan —the proposed Site Plan is necessary as it illustrates how the applicant intends <br /> to use the additional property, how the existing property is impacted, and where certain <br /> functions of the operation will be located. <br /> The proposed requests consist of a 21 acre expansion of Belair Excavating's operations. Of <br /> those 21 acres, certain portions are slated for storage of piled material, storage of equipment, and <br /> infiltration features required by the Rice Creek Watershed District(see proposed Site Plan). This <br /> 21 acre expansion of the current 21.5 acre site, results in a 42.5 acre operation by Belair <br /> Excavating. <br /> The applicant's submittal materials include a four acre parcel denoted at "Track AX-1" on the <br /> survey as part of their expansion. Sufficient information has not been submitted to support MPI <br /> ownership of this property and/or rights to use this property for their operations (or a use other <br /> than rail). As such, staff has not included this land in any of these written materials nor would <br /> any approvals include the use of this four acre parcel for MPI's proposed expansion. <br /> Also worthy to note, the applicant's plans include a major grading effort on the expansion land <br /> and construction of two large infiltration basins. The grading plan accommodates two primary <br /> purposes: 1) creating usable area for pile storage of processed and unprocessed aggregate <br /> concrete, bituminous and black dirt, and 2) provides the required 4' minimum clean cover cap on <br /> the former landfill. Much of the land acquired by MPI for their expansion was used as a landfill <br /> and the applicant is being required by the Minnesota Pollution Control Agency to remediate the <br /> environmental issues by installing a clean cover cap. The applicant has devised a grading plan, <br /> which has already been reviewed and approved by the Rice Creek Watershed District. Prior to <br />