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S ➢ a revised draft conditional use permit(CUP) containing staff's recommended condition on the request, ➢ an ordinance amendment for the proposed zone change to Mineral Excavation Overlay Zoning District, C. Review CUP -The following condition in the attached conditional use permit has been modified to reflect the discussion at the original Planning Commission meeting (2/25/03) on this subject: > (10) Traffic—The reference to access to US Trunk Highway 169 has been removed. The exact location of the easement across Aggregate Industries that will be used as access to Elk River Bituminous has not yet been identified to staff, but the condition that any portions of the existing drives in the area that are shared with adjacent property owners be paved has been retained in the CUP. The stipulation that the Elk River Bituminous site be used for any off-site sales is still in the CUP, with the condition that all improvements required by the Minnesota Department of Transportation be made prior to sales commencing. Drainage—The petitioner is still in the process of providing a detailed drainage plan for staff's review. Drainage is easily accommodated on this site,but preparing a plan • has been held up while waiting for a wetland delineation, a process that can not be completed in the winter. Staff is in agreement with the general drainage plan provided and that all wetland areas have been identified. Staff is recommending that a wetland delineation, providing the exact boundaries of the wetlands on the site, and a detailed drainage plan be approved by staff prior to this issue being considered by the City Council. Zone Change—With the issue of access being resolved, staffs concerns regarding the rezoning of this property have been eased. A resolution containing findings for approving the zone change on this property to Mineral Excavation Overlay Zoning District is attached, if the Planning Commission is in agreement. If not, the Planning Commission's findings for denial will be passed on to the City Council at their May 19th meeting. D. Recommendation Staff is recommending approval of the zone change request to Mineral Excavation Overlay Zoning District on the subject property and the conditional use permit for mineral excavation. Staff offers the information contained in this memo; staff's memo to the Planning Commission, dated February 25, 2003; the information contained in the EAW for this project, the comments received on the EAW and staff's responses; and the findings contained in the attached resolution • regarding the rezoning of the property as findings for the recommendation of approval.