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Applicable Regulations <br /> Zone Change <br /> Sec. 30-1835 describes the process for establishing a Mineral Excavation Overlay District. The zone <br /> change shall only be approved upon a finding that: <br /> (i) the requirements set forth in section 30-575 of this article have been met; <br /> (ii) the proposed zone change is consistent with the city's Comprehensive Plan; <br /> (iii) the proposed mineral extraction activities will fully comply with the applicable standards and <br /> requirements set forth in chapter 42, article II, division 2 of this code; and <br /> (iv) the proposed activities will not be dangerous or otherwise detrimental to persons residing or <br /> working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the <br /> use, enjoyment or value of any neighboring property or use. <br /> Staff's analysis shows compliance with the findings above. If a motion of denial is made, specific <br /> concerns must be stated. <br /> Conditional Use Permit <br /> The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: <br /> 7. 1Vill not endanger, injure or detrimentally affect the use and enjoyment of otberpropegy in the immediate vicinity or <br /> thepublic health, safety, morals, comfort, convenience orgeneral nvr fare of the neighborhood or the city. <br /> The proposed use will not detrimentally affect nearby property as the use fits with the intended use of the <br /> development and is located adjacent to other mineral excavation establishments. The annual permitting <br /> process takes neighboring properties into account. <br /> 2. 1Vill be consistent Pith the comprehensive plan. <br /> The use is consistent with the Comprehensive Plan. The proposed use fits the mineral excavation <br /> guidance for the property through the Gravel Mine Area Study completed in 2014. <br /> 3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty. <br /> The proposed use will not affect the surrounding Commercial Reserve Transition (zoning district) and <br /> Development Reserve (land use). This area of Elk River and the surrounding Livonia Township land is <br /> largely used for gravel mining and landfill operations. <br /> 4. 1Vill be served adequately by and Pill not adversely affect essential public facilities and services including streets,police <br /> and fire protection, drainage, refuse disposal, Pater and sen)er systems,parks and schools;and V)ill not, in particular, <br /> create traf c congestion or interference Pith traf c on adjacent and neighboring public thoroughfares. <br /> The facility will not be served by city services and there does not appear to be any other potential impacts <br /> to public facilities or services. Baldwin St. NW and 225th Avenue NW are currently used for gravel mine <br /> hauling from neighboring operations. This operation will meet road restriction rules. <br /> 5. 1Vill not involve uses, activities,processes, materials, equ pment and conditions of operation that Pill be detrimental to <br /> any persons orproperty because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. <br /> This proposal underwent an Environmental Assessment Worksheet (EAW) with the city to determine <br /> the potential environmental effects of the operation. The city determined the proposed operation would <br /> not result in non-reclaimable environmental degradation. The conditions outlined in this CUP are in <br /> place to minimize the effects of noise, odors, and dust that are common for gravel mine operations. <br /> N:APublic Bodies\Agenda Packets\02-21-2017\Final\7.1 sr CU 17-02 11ax Steininger CC Report.docx <br />