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AGENDA ITEM 613 40 STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 - 87, Approving Conditional Use Permit AIT— Earth Material Excavation (6497 12th Avenue South) Vote Required: Simple Majority BACKGROUND AIT is applying for a Conditional Use Permit for earth material excavation near the southwest corner of the intersection of Birch Street (CSAH 34) and 12th Avenue South. The site consists of a 35.4 acre parcel (6510 12th Avenue South) and a 10.34 parcel (6497 12th Avenue South) located on the west side of 12th Avenue South and the south side of Birch Street, as shown on the attached Exhibit A. The amount of material proposed for excavation from the site is approximately 60,000 cubic yards, with all of the excavated material being hauled to and deposited on The Preserve development (Integra Homes Site). The grading plan (attached Exhibit B) dated May 31, 2007, displaying the site layout, proposed excavation areas, silt fence locations, and existing wetlands has been adjusted since the May 9, 2007 Planning and Zoning meeting. The hauling route has also been adjusted since the Planning and Zoning meeting to minimize use of City roadways as shown on attached Exhibit C. A conditional use permit may be issued if all the criteria have been met as defined in the resolution of this report. Section 3, Subdivision 12 of the zoning ordinance for Earth Moving and Land Reclamation provides a list of conditions as a prerequisite that the City may use for granting a permit. Those conditions that the City may deem necessary are as follows: 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the . City Engineer, so as not to diminish development potential of the parcel. 5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non-decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. - 112-