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<br />N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-34 Tiller\4-Planning Commission\CU 17-34 Tiller_PC 11-28-17.docx <br />property line to the north will be 30 feet, unless mining collaboration agreement across property lines is <br />confirmed. <br /> <br />Tiller has conducted sound level monitoring for all sites in Elk River and has demonstrated the ability to <br />comply with the nighttime noise standards. This information has been received by the City of Elk River <br />as part of their annual Mineral Excavation License application. <br /> <br />Based on this information and monitoring of noise complaints from residents, staff recommends the <br />approval of this request to permit a portable concrete plant on this site. <br /> <br />Applicable Regulations <br />The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: <br /> <br />1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the <br />public health, safety, morals, comfort, convenience or general welfare 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 <br />the development and is located adjacent to other mineral excavation establishments. The annual <br />permitting process takes neighboring properties into account. The proposed use will comply with MN <br />Rules Chapter 7030, Noise Pollution Control for all sites during all operating hours. <br /> <br />2. Will be consistent with 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 /> <br />3. Will not impede the normal and orderly development and improvement of surrounding vacant property. <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 <br />is largely used for gravel mining and landfill operations. <br /> <br />4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police <br />and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, <br />create traffic congestion or interference with traffic 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 <br />impacts to public facilities or services. Baldwin St. NW and 225th Ave. NW are currently used for <br />gravel mine hauling from neighboring operations. This operation will meet road restriction rules. <br /> <br />5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to <br />any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. <br /> This proposal underwent an Environmental Assessment Worksheet (EAW) with the City of Elk River <br />to determine the potential environmental effects of the operation. The city determined that the <br />proposed operation would not result in non-reclaimable environmental degradation. The conditions <br />outlined in this CUP are in place to minimize the effects of noise, odors, and dust that are common <br />for gravel mine operations. <br /> <br /> <br /> <br />