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City of <br />Elk — <br />River <br />Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.4 <br />Agenda Section <br />Meeting Date <br />I <br />Prepared by <br />Public Hearin� <br />May 16, 2016 <br />Zack Carlton, Planning Manager <br />Item Description <br />Reviewed by <br />Midwest Asphalt — 12168 221st Ave NW <br />Chris Leeseberg, Senior Planner <br />■ Conditional Use Permit to expand mineral <br />Reviewed by <br />excavation operations <br />Cal Portner, City Administrator <br />Action Requested <br />Approve, by motion, the Conditional Use Permit request to expand operations at 12168 221st Ave NW <br />(PID 75-109-1100) with the following conditions: <br />1. The Conditional Use Permit shall not be recorded until all applicable conditions have been <br />completed. <br />2. The expanded operations (portable hot mix asphalt plant and portable aggregate wash plant) shall <br />not begin until the Conditional Use Permit is recorded. <br />3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. <br />4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive <br />approval of required building and sign permits before construction may begin. <br />5. Facilities shall meet all building and fire codes. <br />6. An updated MPCA Air Emissions Permit or written notice by the MPCA that an updated permit <br />is not required for the addition of the hot -mix asphalt plant must be submitted for review. <br />7. Odor from the hot -mix operation must be controlled. If weather conditions make odor noticeable, <br />the percentage of recycled asphalt must be reduced. If odor problems cannot be resolved by the <br />Operator, the Planning Commission shall review the situation with a public hearing and make a <br />recommendation to the City Council on whether or not the operation of the hot -mix asphalt plant <br />shall be allowed to continue. <br />8. All conditions outlined in the approval for Conditional Use Permit CU 06-04, approved by the Elk <br />River City Council on April 17, 2006, (recorded document number 621697) shall be maintained. <br />Background/Discussion <br />Case No. CU 16-10 <br />Midwest Asphalt Corp is requesting a Conditional Use Permit (CUP) to continue extraction of sand and <br />gravel from their Elk River facility located at 12168 221" Ave NW. Midwest Asphalt Corp has been <br />operating under a CUP since 1981, with the most recent amendment approved in 2006. <br />The extracted gravel is predominantly used in unpaved road maintenance, highway base projects, and the <br />making of hot mix asphalt. The applicant is requesting to expand their gravel mining operation to include <br />the ability to operate a portable hot mix asphalt plant and a portable aggregate wash plant. Their current <br />operation includes an aggregate crusher and screen, and being able to add a hot mix asphalt and wash <br />plant will provide the applicant additional opportunities to utilize the site for various construction <br />projects. <br />P a w E R E U 6 Y <br />NaA f RE] <br />