5.1 PCSR 12-14-2010 - Laserfiche WebLink

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REQUEST FOR ACTION TO ITEM NUMBER Plannin Commission 5.1 AGENDA SECTION MEETING DATE PREPARED BY Planning December 14, 2010 Rebecca Haug, Environmental Administrator ITEM DESCRIPTION REVIEWED By Request for Conditional Use Permit and License for Elk River Lori ohnson, Ci Administrator Investments, LLC/Tiller, Corp. for Mineral Excavation -Case REVIEWED BY No. CU 10-21 ACTION REQUESTED Staff recommends that the Planning Commission recommend denial of the Elk River Investments/Tiller, Corp. request for Mineral Excavation for the following reasons: 1. No approval from MN DOT 2. No wetland replacement plan Applicant Elk River Investments, LLC/Tiller Corporation East of Highway 169 at the 217 Avenue alignment. Legal description is Location/ Address Outlot C of Aggregate Commercial and the North Half of the Southeast Quarter of Section 10, Township 33, Range 26. Sherburne Coun ,Minnesota. 60 Day Rule The City must take action by December 29, 2010 OVERVIEW Tiller Corporation (Tiller) is seeking an Extraction License and Conditional Use Permit for Mineral Extraction activity on a parcel of property located within the City of Elk River. The site encompasses 152.8 acres, of which approximately 86.1 acres is proposed to be actively mined. The remaining area constitutes setback, wetlands and buffer areas. The property is located on the east side of US Highway 169 within the Mineral Extraction Overlay District. Proposed site activities include mining, processing and stockpiling of aggregate, stockpiling and processing of recyclable concrete and asphalt. BACKGROUND/PRECEDENT The City is recommending denial of this application because it does not comply with the City's Mineral Excavation ordinance requirements. The Ordinance requires the applicant to provide the City with evidence that access to and use of all haul roads will be safe and that the applicant has received approval by MN/DOT for access to and use of state highways. Staff has not received any evidence from MN/DOT approving the applicant's proposed haul routes. The applicant has indicated that they have been in communication with MN/DOT but a plan has not been approved.