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AGENDA ITEM 6B <br />STAFF ORIGINATOR: James E. Studenski, City Engineer <br />COUNCIL MEETING DATE: July 23, 2007 <br />TOPIC: Resolution No. 07 - 87, Approving Conditional Use Permit <br />AFT — Earth Material Excavation (6497 12th Avenue South) <br />Vote Required: Simple Majority <br />BACKGROUND <br />AFT is applying for a Conditional Use Permit for earth material excavation near the <br />southwest corner of the intersection of Birch Street (CSAH 34) and 12th Avenue South. <br />The site consists of a 35.4 acre parcel (6510 12th Avenue South) and a 10.34 parcel <br />(6497 12th Avenue South) located on the west side of 12th Avenue South and the south <br />side of Birch Street, as shown on the attached Exhibit A. <br />The amount of material proposed for excavation from the site is approximately 60,000 <br />cubic yards, with all of the excavated material being hauled to and deposited on The <br />Preserve development (Integra Homes Site). The grading plan (attached Exhibit B) <br />dated May 31, 2007, displaying the site layout, proposed excavation areas, silt fence <br />locations, and existing wetlands has been adjusted since the May 9, 2007 Planning and <br />Zoning meeting. The hauling route has also been adjusted since the Planning and <br />Zoning meeting to minimize use of City roadways as shown on attached Exhibit C. <br />A conditional use permit may be issued if all the criteria have been met as defined in the <br />resolution of this report. <br />Section 3, Subdivision 12 of the zoning ordinance for Earth Moving and Land <br />Reclamation provides a list of conditions as a prerequisite that the City may use for <br />granting a permit. Those conditions that the City may deem necessary are as follows: <br />1. Properly fence any pit or excavation, and barricade entrances to prevent <br />the general public from depositing garbage or refuse. <br />2. Slope the banks, and otherwise guard and keep any pit or excavation in <br />such condition as not to be dangerous because of sliding or caving banks. <br />3. Properly drain, fill, or level off any pit or excavation so as to make the <br />same safe and healthful as the permitting authority may determine. <br />4. Limit the depth of such excavation to an elevation no lower than the <br />minimum floor elevation for building construction as established by the <br />City Engineer, so as not to diminish development potential of the parcel. <br />5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or <br />other like and similar non - decomposable material. Concrete, asphalt, <br />metal, wood, and other debris shall be prohibited. <br />-112- <br />