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Planning Commission Minutes Page 3 June 8, 2010 --------------------------- • area. Commissioner Lemke asked if there was a requirement in the mining CLIP for screenu7g. Mr. Perry stated yes, as far as the buffer goes. Mr. Perry stated that the State requires a 200-foot buffer for a landfill, with two very different functions. He stated the number one reason for the buffer is logistically, an area is needed for off-site monitoring wells, sedimentation ponds, haul roads, etc. Mr. Lemke asked if it was correct that there is no screening requirement on the landfill. Mr. Perry stated it depends on where it is. He stated that the affected partyhas another berm already. He stated that there is screening in the middle of two very large parcels. He explained that the screening on the sides has a function, and that the screening in the middle has no function. Commissioner Lemke asked if theyplan to put refuse in the 200-foot buffer of the area Tiller Corporation is planning to mine. Mr. Perry stated no, that cannot be done; this CUP is purely f or mining. Ms. Haug explained that Tiller is currentlypermitted to mine out areas that are permitted for solid waste within the Landfill's property. He asked if the Tiller CUP has a buffer and screening requirement. Ms. Haug stated yes. Commissioner Lemke if the Landfill CUP has a screening requirement. Ms. Haug explained that it is a combined buffer/screening requirement. She noted that both CUP's have very similar language. Commissioner Lemke stated he did not see the harm in removing the screening. He stated that CUP's are amended all the time. He realized that changing one CUP does not remove a bamer in another CUP, so that may mean changing the requirement in another CLIP. He stated he was in favor of recommending approval of the request. Chair Westberg asked if Tiller were allowed to mine, was there a potential that solid waste must be allowed to go in that area. Ms. Haug stated no. • Commissioner Bell stated that he was not sure it was fair to not allowthem to mine on their property. Ms. Haug stated that it is not Tiller's property. All the mature, native trees and topography would be removed, so there would not be a break in the topography between the two sites. Commissioner Bell asked if it would be just one flat area when the restoration is done. Ms. Haug stated yes, unless bernzing was required. Commission Anderson stated he sees this as two separate CUP's. He did not see how they could recommend approval of this CUP and the other was denied last month, since they are both for the same area. Commissioner Anderson stated that if the city allowed the 200-foot buffer and trees to be removed, it would not make any sense, and he would recommend denial of the request. Commissioner Johnson stated he would not be in favor of recommending approval of the request. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER JOHNSON TO RECOMMEND DENIAL OF THE REQUEST BY TILLER CORP. TO AMEND THEIR CONDITIONAL USE PERMIT, CASE NO. CU 10-09, BASED ON THE FOLLOWING FINDINGS: 1. REMOVAL OF THE EXISTING MATURE, NATIVE TREES AND MINING OF THE LANDFILL'S 200 FOOT BUFFER ZONE WOULD BE INCONSISTENT WITH AND CONSTITUTE A VIOLATION OF THE FEBRUARY 1G, 2010 CUP FOR THE LANDFILL, WHICH REQUIRES • THAT THE PRESERVATION OF TREES WITHIN THE BUFFER ZONE SHALL BE PROVIDED FOR DURING THE CONSTRUCTION, OPERATION AND END USE OF THE LANDFILL.