2024-06-04 City Council - Full Agenda-Chastain

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Staff Report to the Mayor and City Council Appeal of Modification of Zoning Entitlement - Ecology Recycling Services June 4, 2024 Page 4 increase of the volume of materials to be processed to 1600 tons per day. The second condition relates to Condition of Approval No. 12 addressing the maximum pile heights of 16-feet for all materials processed or stored on the project site approved in 2006. However, the storage height was not changed in 2013 when the volume of materials processed on the project site was increased. Staff has included each of the conditions of approval mentioned above as major basis for the appeal and for the City Council review. 2006 Conditions of Approval related to restrictions on material process in tons per day and restriction on stacking height – City Council Resolution No. R-85-06: “11. The volume of material to be processed shall not exceed 680 tons per day (TPD).” “12. All materials to be processed or stored on the project site shall not exceed a stacking height of 16 feet.” 2013 Conditions of Approval related to increase in volume of material to be processed – Planning Commission Resolution No. R-09-13: “4. This approval is for the increase of metal shredding operational capacity from 680 tons per day/17,680 tons per month to processed 1,600 tons per day./41,600 tons per month without increasing the volume of railroad transloading (transfer of goods from rail car to truck distribution).” “10. All materials to be processed or stored on the project site shall not exceed a stacking height of 16-feet.” 2024 Condition of Approval condition related to stacking height. “11. Maximum Outside Storage Height. All Materials to be processed or stored at specific designated storage areas on the project site shall not exceed a stacking height of 16 feet. Material storage piles shall not encroach into the Fire Access Roadways as required by Condition 16. (Originally under Miscellaneous, Condition #12 of R-85-06/D-55-01; under Planning Division Condition #10 of R-09-13/DAP-001-083).” The appellant’s argument specifically references the relationship behind the original approval and the reason why the increase of the material storage height is necessary for business operations today. The main reason for the appeal to increase the height from 16-feet to 35-feet relates to the April 23, 2013 Planning Commission approval of Resolution R-09-13 to allow the volume of materials to be processed to be increased from 680 tons per day to 1,600 tons per day. However, the Planning Commission did not increase the restricted stacking height of 16-feet. 1.1 Packet Pg. 11