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'✓ �. Attachment A Performance Standards The determination of whether an asphalt plant is a permitted use also requires an analysis of the Requirements and Performance Standards set forth in Section 1007.01 of the City Code. Chapter 1007.01 sets forth various requirements and performance standards which must be met with respect to development within I-2 Districts. Consequently, the requirements and performance standards will need to be met in order for the Asphalt Plant to be a permitted use on the Site. The analysis of whether performance standards are met should be done at staff level. At this time City staff is waiting for the conclusion of the Minnesota Pollution Control Agency ("MPCA") process in order to receive all pertinent information for the performance standards analysis. If the staff determines that performance standards cannot be met then the Applicant should be so informed and no building permit should be issued for the Project. If the Applicant disagrees with this decision the Applicant has a right to appeal the decision pursuant Section 1015.04 of the City Code to the City Council, acting as the Board of Adjustments and Appeals, for a reconsideration of the decision. Stora�e Piles and Storage Tanks As A Conditional Use Under Section 1007.015 of the Roseville City Code the maintenance of storage piles and storage tanks on the property will require conditional use approval. The Bituminous Roadways application which has been submitted to the City is a request for conditional use approval for outdoor storage. The requirements for a conditional use are set forth in Chapter 1014 of the Roseville City Code. The applicant must meet the criteria listed in the Chapter 1014.01 D in order to be entitled to a Conditional Use Permit. Also, the Planning Department has been analyzing the crushing portion of the operation under the Conditional Use Permit. However, the crushing operation is not included in outside storage. Crushing Operation Concrete and bituminous crushing is not considered manufacturing because the material is not transformed into a new product. Therefore, the crushing operations are neither a permitted nor a conditional use under Section 1007.015, and as such are not allowed on the Site. Crushing operations have been allowed in the past by the City through an interim use permit. Therefore, if Bituminous Roadways intends to have concrete and bituminous crushing it must apply for interim use permit, subject to the regulations of the Code. However, keep in mind that an interim use permit contemplates a temporary use and in this case concrete and bituminous crushing appears to be an integral part of Bituminous' operation, and although not a daily activity a permanent ongoing activity. It's questionable whether an interim use permit is appropriate for the concrete and bituminous crushing operations being proposed. Current Conditional Use Application Status Currently Bituminous' application for a Conditional Use Permit is on hold due to the Minnesota Pollution Control Agency's Environmental Assessment Worksheet process which was initiated by a Petition submitted by concerned citizens. Once the Minnesota Pollution Control Agency ("MPCA") concludes that process the application will be referred back to the City Council for a decision on the CUP request. Also, pursuant to Minn. Stat. § 15.99 the time limit in which the City is required to make a decision has been stayed while the MPCA conducts its review. It is appropriate, therefore to return the CUP request to the Council for decision at the conclusion of MPCA request.