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<br />Planning Commission Minutes <br />August 28, 2001 <br />Page 2 <br /> <br />. <br /> <br />Staff report by Steve Rohlf. Tiller Corporation is requesting an amendment to their <br />conditional use permit in order to modify their reclamation plan for CU 92-01. Tiller is <br />making this request in order to accommodate the city and county's timing for the proposed <br />realignments of County Roads 33 and 77. Tiller is proposing to mine the common boundary <br />between their pit and Aggregate Industries' mining operation to the west, relocate their wash <br />plant, and make other minor adjustments to their operation to accommodate the new road <br />corridors. Mr. Rohlf explained that no other changes are proposed in the conditional use <br />permit at this time. Staff recommends approval of the request based on the findings listed in <br />the staff report dated August 28, 2001. <br /> <br />Commissioner Mesich asked what the type of change will be made in the reclamation plan. <br />Mr. Rohlf explained that the original plan shows a "bowl" configuration with 4 to 1 slopes. <br />With the revised plan the finished site will be brought up to one level. <br /> <br />Chair Pederson opened the public hearing. There being no public comment, Chair Pederson <br />closed the public hearing. <br /> <br />. <br /> <br />COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE <br />REQUEST BY TILLER CORPORATION FOR AN AMENDMENT TO A <br />CONDITIONAL USE PERMIT, CASE NO. CU 01-33, BASED ON THE <br />FOLLOWING FINDINGS: <br /> <br />1. THE CITY OF ELK RIVER'S LONG RANGE PLANNING ANTICIPATED <br />MINING AS A INTERIM USE ON THE PROPERTY IN QUESTION <br />WHEN IT WAS ZONED MINERAL EXCAVATION OVERLAY DISTRICT <br />AND TILLER HAS A VALID MINERAL EXCAVATION PERMIT <br />CURRENTLY ON THE PROPERTY IN QUESTION. <br /> <br />2. TILLER'S PROPOSED RECLAMATION PLAN IS CONSISTENT WITH <br />THE CITY OF ELK RIVER'S EIS ON MINERAL EXCAVATION, <br />COMPREHENSIVE PLAN (INCLUDING THE TRANSPORTATION PLAN <br />COMPONENT), MINERAL EXCAVATION ORDINANCE AND ZONING <br />ORDINANCE, AS WELL AS SHERBURNE COUNTY'S <br />TRANSPORTATION PLAN. <br /> <br />3. THE MODIFICATION TO TILLER'S RECLAMATION PLAN WILL NOT <br />RESULT IN THE LOSS OF NATURAL, SCENIC OR HISTORIC <br />FEATURES OF MAJOR IMPORTANCE AND IT DOES NOT APPEAR TO <br />HAVE THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL <br />EFFECTS. <br /> <br />4. EXISTING CONDITIONS PLACED ON THE OPERATION <br />ADEQUATELY PROTECT ADJACENT PROPERTIES AND THE CITY <br />FROM DETRIMENTAL AFFECTS FROM THE OPERATION DUE TO <br />EXCESSIVE TRAFFIC, NOISE, ODOR, SMOKE, FUMES, GLARE, DUST <br />OR VIBRATION. <br /> <br />. <br /> <br />5. EXISTING CONDITIONS PLACED ON THE OPERATION REQUIRE <br />THAT IT COMPLY WITH ALL APPROPRIATE STATE AND FEDERAL <br />REQUIREMENTS. <br />