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Case File: CU 10-09 Page 2 Introduction Tiller CUP Ciryof Elk River In May, 1996, Straightline Excavation, Inc. and Barton Sand and Gravel Co., a Division of Tiller Corporation, were issued a Conditional Use Permit to mine the Elk River Landfill property. Tiller Corporation (Tiller) is the successor to these entities and is currently mining the Landfill property pursuant to the 1996 CUP. Mining of the Landfill property is conducted in connection with Elk River Landfill, Inc. (ERL) landfilling activities. As ERL needs to expand into a new cell, Tiller mines the cell removing the gravel so that liners can be installed and the cell filled with solid waste. Because Tiller's mining operation on the Landfill property is preparatory to and in connection with ERL's subsequent landfilling, Tiller's mining activity is subject to the same buffer requirement as the Landfill. Section 3(20) of Tiller's 1996 CUP reads as follows: (20) Screening and Buffering - No mining operations shall be conducted within two hundred (200) feet of the property boundary. Further, within this two hundred (200) foot buffer area trees shall be left for screening. In open areas where trees do not exist, screening shall be accomplished bythe construction of a minimum six (6) foot high berm planted with evergreens. This language corresponds to Section 3 of the current CUP for the Landfill, which reads as follows: 3.) Buffer Zone/Screening. A Buffer Zone shall be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the north side. Within this Buffer Zone, no waste disposal may occur. The Landfill shall develop an inventory of significant trees within the buffer zone. The preservation of trees within the buffer zone shall be provided for during the construction, operation, and be included in the end use plan to be submitted for approval by December 31, 2011 bythe City. On February 22, 2010, Elk River Landfill, Inc. and Tiller Corporation filed separate applications to amend their existing CUP's to allow expansion of mining and landfilling activities within the 200 foot buffer zone on the southern boundary of the Landfill property. The Planning Commission considered the Landfill's request to expand into the buffer zone on May 11, 2010, and the City Council subsequently denied this request on May 17, 2010. Copies of the staff reports to the Planning Commission and City Council, and the City Council Resolution denying the Landfill's request are attached. Tiller's request was held for consideration after the Council's decision on the Landfill's request, because a decision on the Landfill's request is relevant to consideration of Tiller's request. Tiller's request before the Planning Commission at this time is to amend Condition No. 3(20) of its 1996 CUP to allow removal of trees and mining within the buffer area that is within 200 feet of the Landfill's south property line. N:\Departrnents\Com**n,n;tyDevelopment\Planning\Case Files\CUP\CU 10-09 Tiller Corp\Staff report to PGCU 10-09.doc