Agenda - Council - 07/22/1997 - Laserfiche WebLink

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Notification: State statute requires notification of the public hearing to property owners within 350 feet of the subject property. Staff attempted to notify property owners within 700 feet of the subject property of the original public hearing date in April and the intent to take action in July. Observations: The applicant has indicated that the ultimate deposition of the subject property will be the development of residential housing. From the time the application was originally submitted in April, delays have occurred in acting upon the application. In most, but not all similar cases, the mining and grading results in a rough final grade for the proposed subdivision. The applicant has stated that he intends to prepare a subdivision grading plan conforming to the proposed contours in his application but that this information cannot be submitted within his desired time frame for obtaining the mining and grading permit. The applicant is asking for a decision based on the application materials submitted at this time. Staff and the Planning Commission have prepared a draft findings of fact and conditional use permit based on those submittals. There are two areas on which the Council should focus particular attention. First, a portion of Phase VII and XI include tree removal within the Shoreland District of Sunfish Lake, which extends a distance of 1,000 feet. Trees are proposed to be cleared within the zone, however, the ordinance prohibits clear-cutting and allows selective tree removal with the goal of preserving sufficient vegetation cover to screen cars, dwellings and other structures when viewed from the water. Staff believes the remaining vegetation will meet that requirement. Staff is recommending that individual phasing areas be inventoried for tree replacement requirements prior to commencing construction in that phase, or that the maximum reforestation of 10 trees per acre be required. Secondly, State Administration Code Section 4410 requires a mandatory environmental assessment worksheet (EAW) for such mining operations which are 40 or more acres. The proposed grading plan has been measured and after a slight modification by the applicant, has been reduced from 40 to 39 acres. Recommendation: The Planning Commission recommends approval of the request for conditional use permit. Council Action: ¢~~~~¢ Motion to: Adopt Findings of Fact # permit to grade and export soils. relating to Tom Kurak's request for a conditional use I I I I I I I I I Ii ! I I I I I I I I