00-0493R

RESOLUTION GRANTING A SPECIAL USE PERMIT TO NORTHWOOD CHILDREN'S SERVICES FOR A BENEFICIAL REUSE OF DEMOLITION DEBRIS FACILITY FOR PROPERTY LOCATED AT 4000 WEST NINTH STREET.

BY PRESIDENT GILBERT:

WHEREAS, Northwood Children's Services has submitted to the city council a request for a special use permit for a beneficial reuse of demolition debris facility on property described as Lots 4 through 8, Block 5, Lots 1 through 17, including adjacent vacated streets, avenues and alley, in Whitman Park Addition to Duluth and located at 4000 West Ninth Street; and said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its approval to the city council; and

WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Northwood Children's Services to allow for the operation of a beneficial reuse of demolition debris facility at 4000 West Ninth Street, on the condition that:

(a) The requirements of Minnesota pollution control agency permit be complied with;

(b) Only demolition debris (as defined by the beneficial reuse of demolition debris facility permit) be placed in the fill areas;

(c) The permit be limited to and maintained in accordance with permit submitted by Northwood Children's Services, Gregg A. Andrews, maintenance supervisor, dated, June 9, 2000, as identified as Public Document No. ____________.


STATEMENT OF PURPOSE: This resolution grants a special use permit to Northwood Children's Services for a beneficial reuse of demolition debris facility at their Northwood West located at 4000 West Ninth Street, on the following conditions:
(a) That the requirements of Minnesota pollution control agency permit be complied with;

(b) That only demolition debris (as defined by the beneficial reuse of demolition debris facility permit be placed in the fill areas;

(c) The permit be limited to and maintained in accordance with permit submitted by Northwood Children's Services, Gregg A. Andrews, maintenance supervisor, dated, June 9, 2000.

The proposal is for a beneficial reuse of demolition debris facility demolition debris land disposal facility, under Minnesota Rules, with a capacity of 2,500 cubic yards and a period of six months whichever occurs first.

The purpose of the fill material is to facilitate the development of new, relocated, recreational facilities at Northwoods West. The MPCA permit for beneficial reuse of demolition is limited to the following materials: concrete, brick, bituminous concrete, and masonry only.

This is not a commercial facility, as envisioned under the special use permit section of the zoning code. However, the staff felt that a special use permit review was necessary to avoid over use and/or abuse of the beneficial reuse permit authorized by the MPCA, which has already issued their approval of this request.

The planning commission unanimously recommended approval of this resolution with conditions at its July 11, 2000 meeting.