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Case File: CU 11-13 <br />Page 3 <br />Tiller CUP <br />City of Flk River <br />The issuance of a Conditional Use Permit can be ordered only if the use at the proposed <br />location: <br />1. Will not endanger, injure or detrimentally. affect the use and enjoyment of other property in <br />the immediate vicinity or the public health, safety, morals, comfort, convenience or general <br />welfare of the neighborhood or the city. <br />2. Will be consistent with the comprehensive plan. <br />3. Will not impede the normal and orderly development and improvement of surrounding <br />vacant property. <br />4. Will be served adequately by and will not adversely affect essential public facilities and <br />services including streets, police and fire protection, drainage, refuse disposal, water and <br />sewer systems, parks and schools; and will not, in particular, create traffic congestion or <br />interference with traffic on adjacent and neighboring public thoroughfares. <br />S. Will not involve uses, activities, processes, materials, equipment and conditions of operation <br />that will be detrimental to any persons or property because of excessive tra~c, noise, smoke, <br />fumes, glare, odors, dust or vibrations. <br />6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of <br />mayor importance. <br />7. Will fully comply with all other requirements of this Code, including any applicable <br />requirements and standards for the issuance of a license or permit to establish and operate <br />the proposed use in the city. <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 is scheduled <br />to be reviewed in September, but staff is comfortable with allowing Tiller to begin mining the north <br />eastern part of the 200-foot buffer zone. The material from the buffer zone will be used to <br />construct the berm along the west side of Tiller's entrance along 22151. Please see the attached map. <br />The berm will be vegetated this fall. If the Landfill CUP application is approved, Tiller will continue <br />to mine the remaining buffer zone to allow for the expansion of the landfill. Within the next six <br />months of an approval for the Landfill, Tiller will amend their existing CUP for their gravel <br />operation and hot mix asphalt plant to include a revised phasing plan, berming and screen plan for <br />the West side of the property along 221St Ave and reclamation plan. <br />