2015.04.28 CC Minutes - Laserfiche WebLink

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April 28, 2015 Page 5 of l l Councilmember Burg agreed stating it was a great oppottttnity for New Brighton to have anew business moving into the community. Councilmember Bauman welcomed Northeast Bank to the City of New Brighton. Motion by Councilmember Burg, seconded by Councilmember Bauman to approving the Site Plan and Special Use Permits as submitted and subject to three conditions. 5 Ayes, 0 ways- Motion Carried 3. Murlowski Properties Inc. (aka Belair Excavating) requests consideration of Ordinance 832, Resolution approving a Zoning Code Aliiendtnellt, a Site Plan and Special Use Permits, and execution of a Land Use Agreement facilitating a 17 acre expansion of the current operation at 2200 Old Highway 8 NW. City Manager Lotter indicated Planning Director Gundlach would be presenting this item to the Council. Planning Director Gundlach reported Murlowski Properties Inc. (MPI) purchased 17 acres of land immediately adjacent to their property at 2200 Old Highway 8 NW in January of 2013. This property contained only railroad tracks, and is in need of environmental remediation because of a former landfill that encumbers a substantial portion of the property. The applicant intends to install a 4' clean cover cap, then mass grade the property and install a series of infiltration basins all in support of expanding their current aggregate crushing /recycling and associated equipment storage areas. Planning Director Gundlach explained that MPI has secured a permit from the Rice Creek Watershed District for this work. Because the property was formerly used as a railroad, no zoning or guide plan designations were attached to the property when MPI purchased it. When staff brought this issue to Council in January of 2014, the Council supported, and ultimately adopted an ordinance that placed a moratorium on development of the parcel so that City staff could take the necessary steps to apply zoning and guide plan designations to the property. That was completed in September of 2014 and subsequently approved by the Metropolitan Council. Planning Director Gundlach indicated MPI's current aggregate crushing /recycling and associated equipment storage use is a specially permitted use under the Environmental Constraint Overlay Area (ECOA) zoning district. In August, MPI submitted land use applications to obtain the necessary approvals needed to expand their current operation. However, over the course of several months, MPI clarified intent to request approval of a Salt Storage and Transfer Facility use. This is not permitted under current zoning, thus MPI has requested the ECOA zoning district be amended to include this use. In addition to expansion of their current aggregate crushing /recycling and associated equipment storage use and the proposed Salt Storage and Transfer Facility use, MPI intends to construct a 1000' rail siding. Planning Director Gundlach commented an extensive City staff analysis was prepared for the Planning Commission in a memo dated April 17, 2015 and a Planning Report dated January 16, 2015. A lot of discussion and negotiation between City staff and MPI went into the request as current packaged. While both the City and MPI have agreed on several elements of the land use applications, two major issues could not be resolved: 1) Whether or not to allow introduction of a Salt Storage and Transfer Facility use via special use permit under the ECOA zoning district, and 2) How many acres of pile storage should be allowed via the ECOA zoning district. 3. Murlowski Properties hie. (aka Belair Excavating) requests consideration of Oniinanoe 832, Resolution approving atoning Code Amendment; a Site Plan and Special Use Perri ts, and execution ofa Land Use Agreement facilitating a 17 acre expansion ofthe current operation at 2200 Old Highway 8 NW.