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feet higher than the existing grade of the site. Two separate stockpiles are proposed to <br />avoid floodplain and wetland impacts. <br />The following staff report is based on the plan set prepared by Ryan A+E, Inc. dated July <br />11, 2022, and received by the City on July 12, 2022. <br />ANALYSIS <br />Section 1007.050 of the Zoning Ordinance establishes requirements for earth moving and <br />land reclamation. Earth removal, land reclamation, material storage or filling are <br />permitted uses in all zoning districts. A conditional use permit is required when 5,000 <br />cubic yards or more of material is planned to be removed or deposited on any lot or <br />parcel. <br />The two parcels are approximately 17.69 acres and are located between 21 st Avenue S <br />and I-35E. The proposed eastern stockpile will be approximately 2.8 acres in area, will <br />have a maximum height of 12 feet, and will be approximately 33,000 cubic yards of fill <br />material according to the plans. The proposed western stockpile is proposed immediately <br />adjacent to the stockpile from the Rehbein Black Dirt CUP, will be approximately 2.4 <br />acres in area, will have a maximum height of 10 feet, and will be approximately 32,000 <br />cubic yards of fill material according to the plans. <br />Applicant is requesting flexibility to expand the surcharge areas and fill stockpiles to the <br />south if they obtain the proper permits for impacting wetlands and floodplain. Up to an <br />additional 55,000 CY of fill could be moved to the site if impacts are approved. <br />Access <br />The site is located at the intersection of 2 1 " Avenue S and Commerce Drive and at the <br />eastern end of Northern Lights Boulevard. The applicant is currently proposing access to <br />the site from 21 st Avenue S via a gravel entrance that was installed as part of the Rehbein <br />Black Dirt CUP and from Northern Lights Boulevard. <br />Wetlands <br />Wetlands are shown on the plan sheet and do not appear to be impacted by the placement <br />of fill material. A wetland delineation was completed onsite in June of 2021 by Kjolhaug <br />Environmental Services Company, Inc. The Wetland Delineation Report dated August 5, <br />2021 states there are five (5) wetlands onsite. The estimated wetland boundaries are <br />shown and the project will not impact any wetlands as currently proposed. There are two <br />areas where the wetland is within 20 feet of the proposed work. <br />Drainage Ditches <br />Judicial Ditch No. 3 (Clearwater Creek) borders adjacent property to the south of the site <br />and a private drainage ditch runs on the easterly side of the property. The applicant is not <br />2 <br />