08-14-2014 Planning Comm. Agenda

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2. The use is screened with earth berms and landscaping from the adjacent streets to a minimum height of ten feet. 3. The operation of the facility includes measures which keep vehicles from spreading mud, dirt, dust, or debris off of the site onto adjacent public roadways. 4. The operation of the facility includes measures for controlling the creation of dust and other particulate matter through watering of the materials, or other methods. 5. Other conditions or requirements as specified by the City Council deemed necessary to keep the site from becoming a nuisance to the public or to adjoining property owners. 6. The aggregate materials stockpiling and/or recycling operation must be the exclusive use of the property subject to the permit, and shall not be mixed with other land uses, whether permitted or conditional. 7. The applicant/operator of the facility posts a financial security guaranteeing compliance with the conditions listed in the permit approval. 8. The applicant/operator of the facility executes an interim use development agreement specifying the conditions of approval, the amount and form of the security to be posted, and the termination date of the interim use. Under these conditions, the applicant has been granted a previous Interim Use Permit which is scheduled to expire in the near future. The site has been developed with the conditions listed in this ordinance clause in mind. The current application is supported by a letter from the applicant indicating that the requested term of the IUP be five years, after which the applicant plans to redevelop the site, in concert with the adjoining landscaping materials property and ponding area to the south of the stockpile site. The redevelopment of the subject property has been the long-term objective of the City, and would be consistent with the City's decision to allow the current use by Interim Use Permit, rather than a permanent Conditional Use Permit. In the past, the applicant has appealed to the City for permit extensions or other means to allow the continued use of the stockpiling operation, beyond what was originally anticipated to be the termination date of the use. Arguments in support of this request commonly included the need for the service, lack of alternative available site, and benefit to local construction projects. Given the applicant's intent to redevelop the site within five years, a reasonable condition may be to work with the applicant to identify a new site for relocation. In this way, the redevelopment of the subject property will be possible without the problem of relocation due to a lack of alternative properties. It is noted that only the 1-2 District in Little Canada would accommodate the stockpile use, and that the current 1-2 District would need to be changed to allow redevelopment since no other uses are allowed in that district. Summary and Recommendation Planning staff recommends approval of the IUP, with the understanding that the applicant will meet the specific requirements of the zoning ordinance noted above, in addition to verification that the applicant either intends to terminate the use altogether, or is actively seeking a new location following the five year termination date for the proposed permit.