5.3. SR 06-21-2010 - Laserfiche WebLink

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REQUEST FOR ACTION To Ci Council Item Number 5.3. Agenda Section Meeting Date Prepared by Community Development June 21, 2010 Rebecca Haug, Environmental Admin Item Description Reviewed by Request by Tiller Corp. to Amend Conditional Use Permit to Lori Johnson, City Allow Mineral Excavation of Approximately 13 Acres of Administrator Property Owned by Waste Mana ement, Inc - CU 10-09 Peter Beck, Ci Attorney Action Requested Staff and Planning Commission recommend denial of Tiller's request to amend its existing Conditional Use Permit (CUP) to allow mineral excavation of approximately 13 acres of property owned by Waste Management, Inc. Introduction In May, 1996, Straightline Excavation, Inc. and Barton Sand and Gravel Co., a Division of Tiller Corporation, were issued a Conditional Use Permit to mine the Elk River Landfill property. Tiller Corporation (Tiller) is the successor to these entities and is currently mining the Landfill property pursuant to the 1996 CUP. Mining of the Landfill property is conducted in connection with Elk River Landfill, Inc. (ERL) landfilling activities. As ERL needs to expand into a new cell, Tiller mines the cell removing the gravel so that liners can be installed and the cell filled with solid waste. Because Tiller's mining operation on the Landfill property is preparatory to and in connection with ERL's subsequent landfilling, Tiller's mining activity is subject to the same buffer requirement as the Landfill. Section 3(20) of Tiller's 1996 CUP reads as follows: (20) Screening and Buffering - No mining operations shall be conducted within two hundred (200) feet of the property boundary. Further, within this two hundred (200) foot buffer area trees shall be left for screening. In open areas where trees do not exist, screening shall be accomplished bythe construction of a minimum six (6) foot high berm planted with evergreens. This language corresponds to Section 3 of the current CUP for the Landfill, which reads as follows: 3.) Buffer Zone/Screening. A Buffer Zone shall be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the north side. Within this Buffer Zone, no waste disposal may occur. The Landfill shall develop an inventory of significant trees within the buffer zone. The preservation of trees