03 - Conditional Use Permit for an Extrative Use - Bauerly Brothers

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shape the peaks and depressions thereof, so as to produce a gently drained surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. Four (4) inches of black topsoil shall be placed on all areas,except beaches,that will remain above water level.Haul roads will be restored to their condition prior to the beginning of the extraction operation. b. Vegetation. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as herein above provided. c. Banks of excavation not backfilled. The banks of all excavation not backfilled shall be sloped not steeper than three (3) horizontal feet to one (1) vertical foot and said bank shall be seeded. Section 11.6 also directs the Planning Commission to decide the application, indicating that the following must be met: 1. The use or development is an appropriate conditional use in the land use zone. 2. The use or development, with conditions, conforms to the Comprehensive Land Use Plan. 3. The use with conditions is compatible with the existing neighborhood. 4. The use with conditions would not be injurious to the public health, safety, welfare, decency,order,comfort,convenience,appearance,or prosperity of the City. Section 11.6 all direct the Planning Commission to consider the following when deciding on an application: 1. The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity. 2. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3. The conditional use requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 4. The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares. 5. Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use. 6. Adequate measures have been taken, or will be taken, to prevent or control offensive j odor,fumes,dust,noise,and vibration,so none of these will constitute a nuisance and to control lights and signs in such a manner that no disturbance to neighboring properties will result. 7. The conditional use will not result in the destruction,loss,or damage of a natural,scenic, — or historic feature of major significance. 8. The conditional use will promote the prevention and control of pollution of the ground and surface waters,including sedimentation and control of nutrients. Staff Findings: The Staff proposes the following findings of fact for consideration by the Planning Commission: �- 1. The property meets the minimum lot, size, and use standards for the Agriculture zone, being 40 acres in size, more than 500 feet wide, and having ample space within the building envelope for the proposed operation. Bauer y Bros.,Inc Special Meeting 3 September 7,2005 —