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Planning Commission Minutes March 28, 1995 Page 2 . Staff report by Steve Rohlf. Northern Con-Agg has requested to update their conditional use permit for mineral excavation and processing on an approximately 140 acre site, which they lease from Mr. Julius Nemeth. It was noted that Mr. Nemeth has co-signed the application request. The 20 acre shop parcel owned by Northern Con-Agg is not proposed for mining operations. Both the shop site and proposed mineral excavation site were rezoned to "Mineral Excavation Overlay" located directly north of 213th Avenue NW. Steve explained that Northern Con-Agg is requesting an update of their conditional use permit as agreed to through the Environmental Impact Statement process. Steve Rohlf introduced Joe and Ed Eagan, representing Northern Con-Agg. Vice Chair Minton opened the public hearing. There being no comments from the public, Vice Chair Minton closed the public hearing. Vice Chair Minton questioned the 4:1 slopes on the subject property. Steve Rohlf explained that these slopes are temporarily inconsistent until the Plaisted property is mined and County Road 77 will be lowered. Vice Chair Minton questioned whether past complaints by neighboring residents have been addressed, such as noise, odor and dust. Steve Rolhf explained that he met with residents on January 25th and that most of their concerns related to potential problems that could occur. Steve felt the dust issue has been solved for the most part, by watering as much as three times a day. He stated residents may contact the operator directly with a complaint, or direct it to city staff. . Commission Dillon questioned how many trees the applicant intended to plant at the site. Joe Eagan asked that staff provide assistance in determining a number that would be acceptable. He stated that their plans include clusters of trees and tree lines. Steve Rohlf stated that Shiely agreement indicates they will provide 50 trees per acre, with placement to compliment the logical residential development of the property. .. Steve Rohlf explained that it makes sense to mine the property before any residential development occurs, since it is virtually free of trees and only one man- made wetland. He felt that planting trees as part of the reclamation would be a way of giving something back to the land. COMMISSIONER THOMPSON MOVED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY NORTHERN CON-AGG, PUBLIC HEARING CASE NO. CU 95-04, BASED ON STAFF'S MEMO DATED 3/20/95, INCLUDING THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS . 1. THAT THE CONDITIONS PLACED ON THE OPERATION ADEQUATELY PROTECT ADJACENT NEIGHBORHOODS AND THE CITY FROM DETRIMENTAL AFFECTS FROM THE OPERATION DUE TO EXCESSIVE TRAFFIC, NOISE, SMOKE, FUMES, GLARE, ODOR, DUST, OR VIBRATION. 2. THAT THE OPERATION WILL NOT RESULT IN A LOSS OF NATURAL, SCENIC, OR HISTORIC FEATURES OF MAJOR IMPORTANCE.