STAFF REPORT To: Municipal Planning Commission Meeting Date: March !

, "# $ Applicant:

Prepared By: Ronald M. Traub, Director Economic & Community Development

%en &amilton o' &amilton E(cavating & Truc)ing 'or *iggy, +TD.

Status of Applicant : ,ubcontractor 'or the ,tate Route " -idening pro.ect Requested Action: Miscellaneous ReviePurpose: Existing oning: Parcel !D "u#$er: %ocation: Si&e: Time e(tension 'or a Conditional /se Permit 0C/P1 'or the outdoor storage o' soil and concrete and processing o' concrete 'or 'uture sale and trans'er. M2", &eavy Manu'acturing 3242#3#2#2##2# 52# The site is located at the -est side o' the Tin Man Drive cul2de2sac and abuts the railroad trac)s to the south. 6.372acre site.

Existing %and 'se: ,oil and concrete8asphalt storage pile. Surrounding %and 'se and oning: The site and surrounding properties are 9oned M2", &eavy Manu'acturing :orth: undeveloped land East: Tin Man storage units ,outh: CE; lands and railroad trac)s <est: =rbis manu'acturing building oning (istory: The Municipal Planning Commission issued a Conditional /se Permit in >pril o' "# " 'or the temporary outdoor storage o' soil concrete. ;n *uly o' "# #, a ?rading Permit -as issued to &amilton E(cavating and Truc)ing 'or the storage o' topsoil 'rom the ,tate Route " -idening pro.ect. ;n March o' "# , the Planning Commission recommended, by a vote o' @2#, to ma)e changes to Chapter 37.#@ E(cavation, Demolition, Processing and =utdoor ,torage o' ,oil and =ther Earth ,ubstances 'or ,ale or Trans'er Prohibited. ;n *uly o' "# , City Council adopted =rdinance :o. 2#2 ! 0Chapter 37.#@1 -ith a modi'ication increasing the distance o' such a 'acility 'rom !## 't. to ### 't. 'rom any non2manu'acturing district. Applica$le Regulations: !! ,ite Development Plans 37.#@ E(cavation, Demolition, Processing and =utdoor ,torage o' ,oil and =ther Earth ,ubstances 'or ,ale or Trans'er Prohibited

Pu$lic 'tilities: E(isting utility service is available -ithin the Tin Man Road right o' -ay. Engineering )o##ents: . Provide updated site development plan sho-ing e(isting conditions. ". Provide evaluation o' e(isting sediment control 4MPAs, identi'ying any sediment traps that need to be cleaned out. !. The original grading permit 'or this site -as issued in *uly o' "# #. ;t is recommended that this e(tension not be granted. Fire Depart#ent )o##ents: :o comment
8var8---8apps8conversion8tmp8scratchB!8" 753 377.doc C/P2"2 $2$7$

Police Depart#ent )o##ents: %eep public road-ays clear o' mud and debris. Analysis: The applicant is see)ing an 62month e(tension to the Conditional /se Permit 0C/P1 'or concrete processing and the outdoor storage o' concrete, asphalt, clay and topsoil. The applicant has indicated that some o' the material -ill be used 'or the Pla9a 4oulevard e(tension and other pro.ects during that time period. The Conditional /se Permit stipulation number ! stated that C>ll earth substances including soil, concrete and asphalt and their grindings shall be removed 'rom the property by the end o' March o' "# $ and the site shall be graded and permanently stabili9ed -ith seed.D The Conditional /se Permit -as approved by the Municipal Planning Commission on March "5, "# "E the grading permit -as issued by the 4uilding and Engineering Department in *uly o' "# #. The grading -as approved 'or the ,helly Company, the general contractor 'or the =D=T ,tate Route " 0,R"1 pro.ect. &amilton E(cavating and Truc)ing -as subcontracted to store the construction debris 'rom the ,R" -idening pro.ect. The grading permit allo-ed 'or the storage o' "!#,### cubic yards o' soil, concrete and asphalt associated -ith the pro.ect. The "# # ?rading Permit -as issued in accordance -ith Chapter 37.#@ 0b1E the activities or conditions prohibited in subsection 0a1 may be permitted i' the substance or substances are generated by, or the conseFuence o' construction pursuant to or implementation o' a presently approved 4uilding Permit, issued in accordance -ith Chapter !#7 o' the 4uilding Code, or site plan pursuant to Chapter !! ,ite Development Plans. The substance0s1 shall not be treated, screened or other-ise processed or re'ined upon the site prior to its storage or trans'er 'rom the site -here a 4uilding Permit and8or site development plan has been approve. The 4uilding & Engineering Department approved the grading plan pursuant to the site development plan 'or =D=T Pro.ect " 72 #2+>%2" -hich had been approved by City Council. The City Engineer has commented that the applicant is reFuired to provide an updated site development plan -hich indicates the e(isting conditions o' the site. They are also reFuiring an evaluation o' the e(isting sediment control 4MPs, identi'ying any sediment traps that need to be cleaned out. The City Engineer is not in 'avor o' the e(tension o' the Conditional /se Permit as it -as issued 'or a temporary storage area. The storage yard is creating a nuisance as the City continues to receive complaints regarding dirt and debris on the road-ay and dust impacting the area businesses and residents. ,hould the Commission -ish to e(tended the Conditional /se Permit, 051 nine conditions are suggested. )onditions: . :o additional 'ill material shall be stored at the site e(ceeding the "!#,### cubic yards approved as part o' the ?rading Permit 'or the ,tate Route " -idening pro.ect. ". The height o' the mounds shall not e(ceed $" 't. 036#2't. elevation1 since it -ould be higher than the 'inished road-ay grade 036#2't. elevation1 o' the &eisley Road overpass. !. >ll earth substances including soil, concrete and asphalt and their grindings shall be removed 'rom the property by the end o' March o' "# $ September 30, 2015 and the site shall be graded and permanently stabili9ed -ith seed. $. The hours o' operation o' the concrete crushing machine shall be 'rom Monday though Griday 'rom 6:## >.M. to 7:## P.M. 7. The concrete crushing plant shall be located inside the mounds o' concrete and8or soil mounds to provide a sound barrier. 3. The crushing operation shall comply -ith industrial per'ormance standards 'or vibration, noise and dust, outlined in Chapter 3 .# ,pecial Provisions >pplicable to ;ndustrial Hones 0a1. @. This permit is valid 'or the applicant Ken Hamilton of Hamilton Trucking and Excavating and the
8var8---8apps8conversion8tmp8scratchB!8" 753 377.doc C/P2"2 $2$7$

property o-ner o' record Commission.

igg! "T# and is not trans'erable -ithout the approval o' the Planning

6. This permit shall be null and void i' the use 'or -hich it is granted does not commence -ithin t-elve 0 "1 months o' the date o' issuance or i' said use is abandoned 'or a period o' si( 031 months or more 'ollo-ing its establishment. 5. This permit may be revo)ed by the >dministrator and8or Planning Commission 'or violation o' any o' the above conditions or any o' the provisions o' the 9oning code. >ppeals o' the >dministratorIs decision to revo)e the permit shall be made to the Planning Commission. ,uch appeals must be 'iled -ith the Department o' Economic & Community Development -ithin ten 0 #1 days o' receipt o' the notice o' revocation. Ex+i$its: Cover +etter, ,ite Plan, ?;, Map

8var8---8apps8conversion8tmp8scratchB!8" 753 377.doc

C/P2"2 $2$7$