Agenda - Planning Commission - 07/01/1997

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1 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 has prepared a draft findings of fact and conditional use permit based on those submittals. There are two areas on which the Commission 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. Secondly, the proposed grading plan has been measured and has been determined to be 40.1 acres. State Administration Code Section 4410 requires a mandatory environmental assessment worksheet (EA W) for such mining operations which are 40 or more acres. The City is not allowed to make any final decision to grant a permit if an EA W is required. Recommendation: If the Planning Commission thinks information submitted through the EA W process will have a significant impact on their findings of fact, they should recommend a denial of the permit and waive the restriction prohibiting reconsideration of the applicant's request for a 12-month period. If the Planning Commission thinks the findings of the EA W will not affect the findings of fact, a recommendation should be made to City Council to approve the conditional use permit as drafted with any additional conditions the Planning Commission sees fit. Commission Action: Motion to: Recommend that City Council adopt findings of fact relating to Tom Kurak's request for a conditional use permit to grade and export soils. -and- 2.,