4.2.a PCSR 05-23-2023 - Laserfiche WebLink

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PERMIT APPLICATION TO THE CITY OF ELK RIVER APRIL 2023 Conditional Use Permit 3.3 3.9 EAW/EIS REQUIREMENTS The subject property was previously evaluated as part of a larger expanded Landfill footprint that required a mandatory Environmental Impact Statement (EIS) under the requirements of Minn. R. 4410.4400, subp. 13(E). The Draft and Final EIS for the expansion were previously provided to the City. The EIS was completed in 2005 and approved by the Minnesota Pollution Control Agency (MPCA) in 2006. The EIS findings concluded that environmental impacts would likely be minimal, or that adequate mitigation plans were in place to address potential impacts. The proposed stormwater management system improvements do not include any additional waste disposal areas, leachate management system infrastructure, gas system infrastructure, or other related Landfill components that could potentially impact groundwater, wetlands, or air quality, as evaluated in the EIS. 3.10 CONDITIONAL USE PERMIT STANDARDS OF ISSUANCE The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 2. Administration and Enforcement, Subdivision III. Conditional Use Permits, governs the issuance of conditional use permits and establishes the following required findings: Sec. 30-654. Standards for issuance. (a) Required findings. The planning commission shall recommend a conditional use permit and the council shall order the issuance of such a permit only if it finds that such use at the proposed location: (1) Will not endanger, injure, or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the comprehensive plan. (3) Will not impede the normal and orderly development and improvement of surrounding vacant property. (4) Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. (5) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. (6) Will not result in the destruction, loss, or damage of a natural scenic or historic feature of major importance. (7) Will fully comply with all other requirements of this Code , including any