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The ability to store material in the cars that couldn't otherwise be stored on site In an effort to mitigate <br />these negative impacts, staff recommends the 1000' rail siding be permitted on the condition that <br />parking of rail cars on the siding shall be limited to no more than 110 days per calendar year. The <br />applicant must also keep record of the number of days in a year rail cars are stored on the siding and <br />when loading and unloading occurs, and make this log available for review during the annual inspection <br />(required under the ECOA). <br />Planning Director Gundlach indicated site visibility has always been a concern regarding uses allowed under the <br />ECOA. The existing code, Section 6 -770 (7) states "site is either not visible from a public roadway or visibility <br />is highly limited due to existing topography, vegetation and land uses ". Prior to the applicant acquiring the <br />expansion property, the site was screening from the south and east by existing vegetation on the expansion <br />property. The applicant has since removed all the vegetation (mature tree cover) to accommodate the <br />environmental cap required by the Minnesota Pollution Control Agency. Unfortunately, this opened -up view <br />sheds into the property from the south and from Old Highway 8 NW and condition 7 of Section 6 -770 must be <br />stricken from the ECOA. Existing buffers and screening methods from the west will not be impacted (the <br />vegetated earthen berm will remain intact). No screening methods have existed to the north due to those <br />adjacent uses also being industrial in nature. With the removal of vegetation on the expansion property, the <br />applicant is proposing to construct an 8' +- vegetated berm along the east boundary of the `Belair Construction <br />Equipment & Supply Storage" area shown on the Site Plan. Staff finds the 8' vegetated berm to be an <br />appropriate level of screening for the equipment storage area, so long as the berm is at least 8' in height and is <br />vegetated (not constructed of rubble). Unfortunately, an 8' berm will not screen the larger aggregate and rubble <br />piles that exist farther west into the site. Acknowledging this won't be possible, especially with pile height <br />allowances of 40', the applicant has proposed preserving the 130' x 656' stretch of property between Old <br />Highway 8 NW and the equipment storage area (also referred to in past reports as the finger). Staff finds this to <br />be reasonable given all the other constraints on the property. <br />Planning Director Gundlach stated the applicant maintains noise impacts will not change. This is likely the case <br />with the majority of the noise attributed to the dumping of rubble, which his regulated by the sound barrier <br />(earthen berm and wall). The applicant's narrative indicates the sound barrier will remain intact and no <br />increases in audible noise to the residential neighborhood to the west should be felt. Staff cautions that noise <br />attributed to rail car storage and traffic increases are not fully known. No formal recommendations related to <br />noise are proposed by staff. <br />Staff reviewed the request further with the Commission and recommended approval of the Zoning Code <br />Amendment, Special Use Permit and Site Plan, subject to the following conditions: <br />• The applicant continues to comply with the conditions of Resolutions 10 -068 and 10 -069, except as <br />other amended by this condition. <br />• The expansion shall be consistent with the submitted Site Plan, except that the 100' x 100' salt storage <br />shed is removed. This includes implementation of screening /buffer details and the location and length <br />of the 1000' rail siding. <br />• An annual inspection on or within 30 days of July 15th shall be required to ensure compliance with the <br />Environmental Constraint Overlay Area conditions. <br />• Allowed pile storage shall be based upon 30% of the area noted for pile storage on the Pile & Equipment <br />Storage Map (attached to this memo). This equates to 30% of an 11 acre pile storage area, or 8 acres of <br />pile storage allowance. <br />