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AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) .harlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: SF Moundsview/New Brighton and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 06/05/2015 and the last insertion being on 06/05/2015. By: Authorized Agent Subscribed and sworn to or affirmed before me on 06/05/2015. Notary Public %,V-vvVVVV DARLENE MARIE MAMBO ' Notary Public -M lowta my Contmhwon EaKq0l W 201• Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $25.40 per column inch Ad ID 402340 City of New Brighton (Official Publication) ORDINANCE NO. 832 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON AN ORDINANCE AMENDMENT REVISING VARIOUS SECTIONS OF CHAPTER 6, ARTICLE 7 OF THE ZONING CODE TITLED ENVIRONMENTAL CONSTRAINT OVERLAY AREA THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON OR- DAINS that the New Brighton Code of Ordinance is amended by amending City Zoning Code Chapter 6, Article 7 by deleting the stHeken material and adding the un - de ined material as follows: Article 7. Environmental Con- straint Overlay Area (See Figure at End of Article) Section 6-760. Purpose and In- tent. There are certain properties with- in the City with environmental con- straints that were created by past land uses. The City recognizes in these situations that conformance with underlying zoning regulations may be difficult due to site char- acteristics that resulted from those environmental issues and/or reme- diation efforts. Further, the City rec- ognizes that it may not be feasible to comply with underlying zoning designations due to these environ- mental characteristics. Rather than leave these sites dormant or allow them to persist as unsightly or underutilized, the City wishes to provide a means to develop or use these properties that is both practical and economi- cal. The City recognizes that certain deviations from the industrial district standards may be necessary for a viable use to develop and evolve so that landowners are able to make good use of property. It is the intent of the Environmen- tal Constraint Overlay Area to pro- vide the legislative means to meet land use goals for these unique sites while also imposing such regula- tions and limitations on the uses, or the accumulation of those uses that may occur within the area in order to ensure the adequate protection of the environment and the health safety, and welfare of the surround- ing properties. Section a6-770. Designation of the Environmental Constraint Over- lay Area. Property included in the Environ- mental Constraint Overlay Area is illustrated in Figure A. Requests for additional Pproper- ty may to be included by ordinance in the Environmental Constraint Overlay Area may be considered by following the procedures set forth in Section 8-320 to 8-350, provided the property meets the following requirements at the time of applica- tion: (1) Underlying 1-1, Light Industrial or 1-2, Heavy Industrial zoning (2) Maximum lot area of 20 40 acres (3) Rem' service is evai able (43) Not adjacent to residential or non industrial commercial uses (54) The boundary of the site must be at least 800' setbaelrfrom nearest residentially used property residence (65) Primary access is served by a private roadway or a public road- way when a 650' road setback ex- ists (7) Site is eithef not visible frofn vegetation and and use -s (66) There are documented en- vironmental constraints that limit the use of the property for a typi- cal industrial use and that were not caused by the current landowner/ user. Section 6-780. Permitted Uses. Any permitted use of the underly- ing zoning shall only be a permitted use allowed in the Environmental Constraint Overlay Area upon issu- ance of a special use permit. Section 6-790. Accessory Uses. Mry Only those accessory uses of the underlying zoning that are di- rectly related to the permitted prin- cipal use on a property shall be an allowed accessory use on the prop- erty in the Environmental Constraint Overlay Area. Section 6-800. Specially Permit- ted Uses. (1) Any permitted or specially permitted use of the underlying zon- ing. (2) Aggregate crushing and re- cycling with associated materials storage, subject to the following conditions: A. Noise generated on site shall not exceed the following decibel limits: 1. Measured at the lot line: 100 dBA 2. Measured from the nearest residential use: 56.5 dBA B. Odor shall not be readily de- tectable beyond the lot line of the site on which such use is located per Section 6-390 (8). C. Dust -mitigation shall be im- plemented so as to prevent dust from leaving the site boundaries, as practical. A dust mitigation plan shall be submitted as part of the special use permit process. D. Screening methods shall be implemented so as to prevent the use from being visible from proper- ties that are occupied by residences or from public roadways to the ex- tent reasonably possibly and in ac- cordance with the applicable pro%& sions of the Zoning Code and any approved screening plan from resi Any berm- ing efforts must be constructed in a manner to adequately control drain- age on site. E. Maximum pile height shall be determined at the time of Spe- cial Use Permit consideration. Site characteristics, including adjacent and nearby sites, will be considered to ensure compliance with letter D above. F. No more than 3037% of the available pile storage land area may be utilized occupied —by for piles The This available pile storage area shall be specified as part of the special use permit process. The piles stored in the pile storage area shall consist of _processed and unprocessed piled soils, concrete, and aggregate only. No more than 15% of the pile storage area shall be occupied by unprocessed rubble. G. The site must have access to a street with a classification of minor arterial or greater either directly, or by private road, or by a street serv- ing only industrial properties. Truck routes to and from the site within the municipal boundary shall not in- clude use of any street with a clas- sification less than minor arterial. H. Dirt and/or aggregate are not deposited onto a public roadway. I. Other conditions identified by the City Council. (3) Yard Waste Transfer Facility A. The volume and height of piled yard waste shall be limited based on site characteristics (such as topography and vegetative cov- ering), including characteristics of adjacent and nearby sites, to ensure no negative visual impacts result to residential property. The area desig- nated to store yard waste material shall be depicted on a Site Plan and include a maximum volume amount not to exceed 400 cubic yards and a pile height not to exceed 12'. B. Screening shall be imple- mented that prevents, to the extent reasonably possible and in accor- dance with the applicable provi- sions of the Zoning Code and any approved screening plan. the use from being visible from residentiaflq zoned propert properties that are occupied by residences or from public roadways. Any berming must be designed to adequately control drainage on site. C. All yard waste material is transferred off site within 24 hours of the time it is dumped and the yard waste area must be cleared of all yard waste material at least once in a 24 hour period. D. Odor shall not be readily de- tectable beyond the lot line of the site on which such use is located, per Section 6-390 (8). E. Dust -mitigation shall be imple- mented so as to prevent dust from leaving the site boundaries, as prac- tical. A dust mitigation plan shall be submitted as part of the special use permit process. F. The site shall be designed to minimize leaves and other yard waste debris from blowing off site. G. A contingency plan to control odor and decomposition shall be devised should an unforeseen event prevent the material from being transferred off site within 24 hours. The City Planner shall be notified of every occurrence where material is left on the property longer than 24 hours. Should this occur more than 3 times in a calendar year, the con- tingency plan must be re-evaluated through an amendment to the Spe- cial Use Permit with the Planning Commission. H. Noise generated by the use shall not exceed the levels noted in Section 7-810 (2) (A). I. Other conditions identified by the City Council. (4) Road Salt Storage and Trans- fer Facility. A. The road salt must be covered on three sides, including a roof and solid impermeable floor, and the combined area of all salt sheds shall not exceed 10.000 SF The shed(st shall be reasonably screened from adjacent and nearby residential uses and public rights-of-way. A grading plan for the salt shed(s) shall be submitted at the time of