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� <br />�— <br />1 � <br />J�„ <br />REQUEST FOR COUNCIL ACTION <br />Date: October 18, 2010 <br />Item No.: <br />Department Approval <br />�� � <br />��4� <br />City Manager Approval <br />Item Description: Discussion of Asphalt Plant Issues Raised at September 27, 2010 City Council <br />meeting. (Councilmember Ihlan) <br />BACKGROUND <br />, At the September 27, 2010 City Council meeting, Councilmember Ihlan asked that the City Council <br />. have a discussion on whether the proposed Bituminous Roadways Asphalt Plant at 2280 Walnut Street <br />- was a permitted use under the City's codes and also if state law or state administrative rules prevented <br />the City from denying a land use request while there is pending environmental review related to the <br />project. <br />The City Attorney has prepared a memo addressing the issues raised which is included with this report <br />as Attachment A. In summary, the City Attorney finds that the amendment to Chapter 1007.015 <br />adopted on October 11, 2010, does not permit asphalt plants in Industrial Districts. Since Bituminous <br />Roadways has not obtained any vested rights to use the site as an asphalt plant, their proposal is not <br />allowed. Therefore, the question on whether the asphalt plant is permitted is moot, according the City <br />. Attorney, since the new ordinance amendment applies to their proposal. <br />The City Attorney however, per Council request, did analyze the previous ordinance and how it would <br />- have affected the Bituminous Roadways proposal. The City Attorney finds that: <br />• Under the previous ordinance, while the production and processing of asphalt was a permitted <br />use, there are other components of Bituminous Roadways proposal such as crushing of <br />aggregate that are not permitted. <br />� In addition, the proposal will need to meet the City's performance standards set forth in Chapter <br />1007.01. If it is determined that the proposal cannot meet the performance standards, then the <br />use would not be a permitted use. <br />• The storage piles and fuel storage tanks are not permitted and must be approved by the <br />� conditional use process. The applicant must meet the criteria for granting conditional uses as <br />.-: listed in Chapter 1014.01 D. <br />- • Concrete and bituminous crushing is not considered a manufacturing use and therefore is neither <br />a permitted or conditional use. The only way crushing could be allowed would be through the <br />granting of an interim use by the City Council. <br />Page 1 of 2 <br />