5.3. SR 06-21-2010 - Laserfiche WebLink

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c~ F~ cv iaa~ Page 2 Introduction Tiller Q7P Gryof E1kRiver 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 ('I"iller) is the successor to these entities and is cunrernly mining the Landfill property pursuant to the i99b CUP. Mtrling of the Landfill property is conducted in connection with EIlc River Landfill, Inc. (ERL} landfiIling 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 preparatoryto and in connection with ERL's subsequent landfilling, Tiller's mining activity is subject to the carne buffer requirement as the Landfill. Section 3(20) of Tiller's 199b 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. Tn open areas where trees do not exist, screening shall be accomplished bythe construction of a minimum six (b} 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 Zon„g/Screening., A Buffer Zone shall be established within the perir~ter of the Landfill Propertyaround the waste disposal areas of not less than 200 feet, except on the north side. Wrthiri this Buffer Zone, no waste disposal may occur. 't'he Landfill shall- develop aninventory of significant tees within the buffer zone. The preservation of trees within the buffer zone shall be provided for during the constnrction, operation, and be included in the end use plan to be submitted for approval byDecember 31, 2011 bythe City. C-n Februazy 22, 2010, Elk River Landfill, Inc. and Tiller Corporation filed separate applications to amend their existing CUP's to allow expansion of ini ~ and landfi7luig 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 Counc>7 subsequently denied this request on Allay 17, 2010. Copies of the staff reports to the Planning Commission and ~5' Council, and the ~' Council Resolution denying the Landfill's request are attached Tiller's request was held for consideration after the Councrl's decision on the Landfill's request, because a decision on the Landfill's request is relevant to consideration of T'iller's request. Tiller's request before the Planning Commission at this time is to amend Condition No. 3(20) of its 1996 C'LJP to allow removal. of trees and mining within the buffer area that is within 200 feet of the Landfill's southpropertyline. N:~Deparcmentc~c~maam;ryDev~topmenc~Plannmg~casc r'~s~cUP~cu lao9 TJkr coip~scatt,epo:c co rGCxl laos.aoc