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• <br />• <br />11. Implement the tree preservation plan. <br />There is no tree preservation plan for the site as there are not significant <br />trees within the grading area. <br />12. In addition to a conditional use permit, the City Engineer may determine that <br />permits in excess of twenty -five thousand (25,000) cubic yards require the <br />applicant to conduct a neighborhood meeting and to notify affected property <br />owners within one - quarter (1/4) mile. <br />The proposed removal will not exceed 25,000 cubic yards and therefore a <br />neighborhood meeting is unnecessary. <br />13. Post a form of security and sum as the permitted authority may require, running to <br />the City, conditioned to pay the City the cost and expense of repairing or cleaning <br />any highways, streets, or other public ways within the City made necessary by the <br />special burden resulting from transporting thereon by the applicant material to or <br />from the site, the amount of such cost to be determined by the Council; and <br />conditioned further to comply with all the requirements of this Ordinance and the <br />particular permit, and to save the City free and harmless from all suits or claims <br />for damages resulting from the negligent excavation, removal, storage, or filling <br />of rock, sand, dirt, gravel, clay, or other like material within the City. <br />A Site Performance Agreement shall be required to outline financial <br />securities and an appropriate escrow deposit to cover inspections. <br />14. Other conditions deemed appropriate to the application by the permitting <br />authority. <br />Any other conditions appropriate for this request will be added to the <br />approval of the conditional use permit. <br />The City has sent a public hearing notice to surrounding home owners to inform them of the <br />proposed Conditional Use Permit, but due to the timelines the applicant is facing, the public <br />hearing will need to be held at the City Council on July 23, 2012. The mailed notice indicated <br />both the City Council and Planning and Zoning Board meetings so that neighbors may attend <br />either or both. Staff recommends that the Planning and Zoning Board allow public comment <br />even without the official public hearing. <br />RECOMMENDATION <br />Staff is recommending approval of the conditional use permit for grading and earth removal with <br />the conditions included in the City Engineer's memorandum. <br />ATTACHMENTS <br />1. City Engineer's memorandum <br />• 2. Grading plans submitted May 29, 2012 <br />