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Case File: CU 10-09 <br />Page 4 <br />Tiller CUP <br />Ciryof Elk River <br />If denial of such a permit should occur, it shall be accompanied by findings or a report stating <br />how the proposed use does not comply with the standards set forth in Section 30-654. <br />Analysis <br />Tiller's application to remove the trees and mine the Landfill's 200 foot buffer zone was submitted <br />with the Landfill's application to expand in the buffer zone. The Landfill's application was denied <br />by the City Council on May 17, 2010. This means that Condition No. 3 in the Landfill's CtJP, which <br />requires that the preservation of trees within the buffer zone shall be provided for in the <br />construction, operation and end use plan for the Landfill, remains in effect. Therefore, Tiller could <br />not remove the trees and mine the buffer zone without violating the Landfill's CUP. <br />In addition, removal of the existing, mostly native, buffer area on the southern edge of the Landfill, <br />including the removal of several hundred mature native trees in the buffer area, would have a <br />significant impact on the visibility of landfill operations from 221st Avenue and surrounding <br />residential areas. Mining the buffer zone would also greatly alter the final contour plan for the <br />landfill as currently approved. The existing 200 foot buffer was put in place to provide adequate <br />screening and distance between landfill activities and the property to the south to help protect land <br />values and limit impacts to future uses of those areas. <br />Recommendation <br />Staff recommends that the Planning Commission recommend to the City Council that Tiller's <br />application to amend its existing 1996 CUP to allow removal of trees and mining within the 200 foot <br />buffer area along the southern boundary of the Landfill be denied, for the following reasons: <br />1. Removal of the existing mature, native trees and mining of the Landfill's 200 foot buffer <br />zone would be inconsistent with and constitute a violation of the February 16, 2010 CUP for <br />the Landfill, which requires that the preservation of trees within the buffer zone shall be <br />provided for during the construction, operation and end use of the Landfill. <br />2. Mining the existing 200 foot buffer zone will detrimentally affect the use and enjoyment of <br />other property in the immediate vicinity, because existing topography and vegetation in the <br />buffer zone will be removed, making landfill operations visible from 221ST Avenue and <br />surrounding properties to the south and west. <br />3. Mining the existing 200 foot buffer zone will result in the destruction, loss or damage of <br />natural features which are of major importance because the existing native, mature trees and <br />natural topographic conditions which screen and buffer landfill activities from 221St Avenue <br />and surrounding residential areas to the south and west will be removed. This existing <br />screening is of major importance in that it screens landfill operations from surrounding <br />properties and will screen the Landfill permanently once operations cease. <br />4. Mining the existing buffer zone does not fully comply with the other requirements of City <br />Code because it would be inconsistent with and a violation of the requirements of the <br />existing CUP for the Landfill. <br />N:\Departments\CommunityDevelopment\Planning\Case Files\CUP\CU 10-09 Tiller Corp\Staff report to PGCU 10-09.doc <br />