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discussed previously in this memo). Finally, a thirty foot setback is proposed between <br />mining activities and a two hundred foot wide buffer required of the Elk River Landfill <br />on their property. Staff feels these setbacks are appropriate. <br /> <br />HOT-MIX ASPHALT PLANT <br />The hot-mix asphalt plant has special concerns regarding odor and air emissions. Staff <br />has addressed these concerns by adding stipulations in the attached conditional use <br />permit. An air emissions permit is also required by the Minnesota Pollution Control <br />Agency. <br /> <br />Basically, when weather conditions cause a problem with odor from the plant (during an <br />inversion) the amount of recycled asphalt used in the mix is cut back or recycled asphalt <br />is eliminated from the mix altogether, if need be. The recycled asphalt magnifies the <br />odor. The last resort is to shut down the plant until weather conditions permit it to restart. <br /> <br />Complaints should first go to the plant operators. They are the ones that can response in <br />the most timely manner. Unresolved complaints then go to city staff and ultimately to the <br />Planning Commission and City Council. An adjacent property owner has complained in <br />the past about this operation. Tiller has met with this person to address his issues. <br /> <br />OTHER ISSUES <br />Other issues such as: screening, signage, fencing, oakwilt, vibration, dust and lighting are <br />addressed in the attached conditional use permit. Staff will be able to elaborate on these <br />at the meeting, if the Council wishes. <br /> <br />RECOMMENDATION <br />The Planning Commission recommends approval of Tiller Corporation's request to <br />amend their conditional use permit for mineral excavation on the property in question <br />under the stipulations and conditions found in the attached CUP based on the following <br />findings: <br /> <br />Tiller Corporation's proposed excavation, reclamation plan, and hot-mix asphalt <br />plant are consistent with the City of Elk River's EIS on Mineral Excavation, <br />Comprehensive Plan, Mineral Excavation Ordinance and Zoning Ordinance. <br /> <br />The City of Elk River's long range planning anticipated mining as an interim use <br />on the property in question, when it was zoned Mineral Excavation Overlay <br />Zoning District and the hot-mix asphalt plant is an accessory use to mining. <br /> <br />The operation does not appear to have the potential for significant environmental <br />effects. <br /> <br />The conditions placed on ~he operation adequately protect adjacent properties and <br />the city from detrimental affects from the operation due to excessive traffic, noise <br />odor, smoke, fumes, glare, dust or vibration. <br /> <br />The conditions placed on the operation require it to comply with all appropriate <br />City, State and Federal requirements. <br /> <br /> <br />