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4.3 PCSR 11-23-2010REQUEST FOR ACTION To Item Number Planning Commission 4.3. Agenda Section Meeting Date Prepared by Planning Items November 23, 2010 Rebecca Haug, Environmental Administrator Item Description Reviewed by Request by City of Elk River for Ordinance Amendment to Peter Beck, Ci Attorne Section 30-1385 and Chapter 42, Article II of the Elk River City Reviewed by Code of Ordinances relating to the Mineral Excavation Overlay Zoning District and the Regulation of the Mineral Excavation Activities, Public Hearin -Case No. OA 10-12 Action Requested Staff supports the ordinance changes to Section 30-1385 and Chapter 42, Article II of the Elk River City Code of Ordinances relating to the Mineral Excavation Overlay Zoning District and the Regulation of Mineral Excavation Activities as most of the proposed changes are considered housekeeping. Background/Discussion Section 30-1385 in the Land Development Regulations, which requires that land proposed for mineral excavation activities be zoned into the Mineral Excavation Overlay District and receive a Conditional Use Permit, is being amended to: 1) Specifically require that a proposed zone change to the Mineral Excavation District be consistent with the City's Comprehensive Plan and the City Code requirements for a rezoning; and 2) Specifically require that a proposed Conditional Use Permit for mineral excavation activities meet both the City Code standards for issuance of Conditional Use Permits and the standards and requirements set forth in the Mineral Excavation Ordinance for issuance of a mineral excavation license. The amendments to Chapter 42, Article II of Mineral Excavation ordinance accomplish the same goal and also address the wetlands, haul roads and access issues. Attachments • Ordinance No. 10- Action Motion by Second by Vote FOllow Up ORDINANCE NO. 10- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30- 1385 AND CHAPTER 42, ARTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES RELATING TO THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT AND THE REGULATION OF MINERAL EXCAVATION ACTIVITIES The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 30-1835 (d) of the Elk River City Code of Ordinances shall be amended, and new Sections 30-1835 (e), (f) and (g) shall be added, to read as follows: (d) Zone Change Procedures and Requirements. Establishment of Mineral Excavation Overlay Zoning on a specific parcel of land shall be by amendment to the City Zoning map as provided by this article and pursuant to the procedures and requirements set forth in Section 30-575 of this Code. Applications for a zone change to the Mineral Excavation District shall only be approved upon a finding that: (i) the requirements set forth in Section 30-575 of this Ordinance have been met; (ii) the proposed zone change is consistent with the City's Comprehensive Plan; and (iii) the proposed activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property or use. (e) Conditional Use Permit Procedures and Requirements. Applications for Conditional Use Permits to allow mineral excavation activities shall be approved pursuant to the procedures and requirements set forth in Chapter 30, Article VI, Division 2, Subdivision III of this Code, and only upon a finding that: (i) the standards for issuance of a Conditional Use Permit set forth in Section 30-654 of this Code have been met; (ii) the procedures set forth in Chapter 42, Article II, Division 2 of this Code have been fully complied with; (iii) the standards and requirements set forth in Chapter 42, Article II, Division 3 of this Code have been fully complied with; and (iv) the proposed mineral excavation activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to public health, safety or welfare, and will not impair the use of, enjoyment or value of any neighboring property. (f) The Council, in its discretion, may attach conditions to the issuance of a Conditional Use Permit as provided in Section 30-655 of this Code. (g) An application for a Conditional Use Permit to allow a specific mineral excavation operation, if timely filed as provided by this article, may be processed by the City and considered by the City Council along with an application to zone the affected property into the mineral excavation overlay district. Section 2. That the first sentence of Section 42-52 of the Elk River City Code of Ordinances shall be amended to read as follows: Application for an Extraction License, Conditional Use Permit and/or Zone Change, as required by this division, shall be made in writing to the Council in the form specified by the City Administrator. The application shall contain the following information: Section 3. That Section 42-52 (7) of the Elk River City Code of Ordinances shall be amended to add new subpart (fj, as follows: f. A detailed map of the highways, streets, roads or other public ways, and any private easements or private property, upon and along which the material removed shall be transported (haul roads). The map shall identify all proposed haul roads from the proposed excavation site to the Elk River corporate limits. Section 4. That Section 42-52 of the Elk River City Code of Ordinances shall be amended to add new subparts (11) and (12), as follows: (11) Evidence that access to and use of all haul roads will be safe and that the applicant has received approval by MNDOT for access to and use of state highways, and approval by Sherburne County for access to and use of county roads. Evidence of a right to access and use any private property or easement required to access a public right of way or proposed haul road shall also be submitted with the application. Approval to access and use City streets as haul roads shall be at the discretion of the Council and will be considered by the Council with the application. (12) Evidence satisfactory to the City that the property proposed to be licensed for mineral excavation does not include any wetlands. If the property does include wetlands, the applicant shall submit, with the application for a mineral excavation license and/or Conditional Use Permit to allow mineral excavation, a wetland delineation map, wetland impact plan, wetland mitigation plan and such other information as is required pursuant to Section 30-1851 (c) of this Code. Section 5. That Section 42-53 of the Elk River City Code of Ordinances shall be amended to read as follows: Section 42-53. Issuance (a) Upon referral of the application provided for in this division from the City Administrator, the Council shall evaluate the application in accordance with the applicable requirements of Chapter 30 of this Code, and the standards and requirements set forth in this article. (b) No application for an extraction license and/or a Conditional Use Permit to allow mineral excavation activities on land which includes any wetlands shall be presented to the Planning Commission or City Council for review unless and until the process set forth in Section 30-1851 (d) of this Code has been completed and the provisions, standards and requirements of Chapter 30, Article VI, Division 10.5 have been fully complied with. Failure to complete the process set forth in Section 30-1851 (d), or to comply with the provisions, standards and requirements of Chapter 30, Article VI, Division 10.5, shall be cause for denial of an application for a license or Conditional Use Permit. (c) The Council shall issue an extraction license only upon a finding that the proposed extraction activities will comply with the standards and requirements set forth in this article and will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property. The Council, in its discretion, may attach conditions to protect the public health, safety and welfare, to avoid traffic congestion or hazard, or to promote conformity of a proposed use with the character of adjoining property and uses. (d) The Council shall issue a Conditional Use Permit allowing extraction activities only upon a finding that the proposed extraction activities will: (i) comply with the standards for issuance of a Conditional Use Permit set forth in Section 30-654 of this Code; (ii) will comply with the standards and requirements set forth in this article; and (iii) will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property. The Council, in its discretion, may attach conditions to the issuance of a Conditional Use Permit as provided in Section 30-655 of this Code. (e) The Council shall approve a zone change to the mineral excavation overlay district only upon a finding that: (i) the requirements set forth in Section 30-575 of this Ordinance have been met; (ii) the proposed zone change is consistent with the City's Comprehensive Plan; and (iii) the proposed activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property or use. Section 6. That Section 42-54 (a) of the Elk River City Code of Ordinances shall be amended to add new subpart (3) thereto, as follows: (3) The estimated quantity of minerals to be extracted. If the quantity of minerals to be extracted is, for any reason, likely to exceed the original estimate required in this article, the applicant or owner shall notify the Council of the change in estimated quantity. Section 7. That Section 42-54 of the Elk River City Code of Ordinances shall be amended to add new subparts (c) and (d) thereto, as follows: (c) As a prerequisite to the issuance of an extraction license or Conditional Use Permit, the applicant shall reimburse the City for the City's cost of processing and reviewing the application. (d) After an extraction license or Conditional Use Permit has been granted, the applicant shall reimburse the City for the cost of periodic inspections by the City Administrator, Building or Zoning Administrator or other City employees for the purposes of determining that the provisions and extraction license, Conditional Use Permit and this article are being followed. Section 8. That Section 42-74 of the Elk River City Code of Ordinances shall be amended to add new subpart (4) thereto, as follows: (4) Within any required buffer zone or setback area on the applicants or any adjoining property. Section 9. That Section 42-78 of the Elk River City Code of Ordinances shall be amended to read as follows: Section 42-78. Haul Roads and Access. (1) No extraction license or Conditional Use Permit for the extraction of minerals shall be issued unless and until the applicant has obtained approval from the City, Sherburne County and/or the Minnesota Department of Transportation for access to and use of all haul roads necessary to conduct extraction activities in the proposed location. The City shall not approve access to or use of any public right of way, including state or county highways or City streets, as a haul road unless the applicant has demonstrated and the City Council has found that the proposed access is safe and that use of the proposed access and the public right of way for mineral excavation activities can and will be done in a safe manner and will not be a danger to public use of the right of way. The City, County, or State, in their discretion, may impose appropriate conditions on access to and use of all public rights of way in the City, including City streets and county and state highways, in order to ensure safe access to and use of these public rights of way. The applicant shall be responsible for the cost of obtaining all necessary permits and approvals, and for all costs associated with implementing or complying with all conditions imposed by the State, County or City. These costs shall include, but not be limited to, the costs of designing, permitting, testing, constructing and maintaining the improvements, upgrades or expansions to haul roads in accordance with applicable .state laws and the specifications of the agency with jurisdiction. (2) No extraction license or Conditional Use Permit for the extraction of minerals shall be issued unless and until the applicant has demonstrated and the City Council has found that the applicant has the right to use any private property or private easements necessary to access a public right of way and that the proposed use of private property or easements can and will be done in a manner that is safe and in compliance with all environmental and other standards and requirements. (3) The City shall inspect the haul roads proposed to be used by the applicant or owner and may require necessary upgrading or repairing of the haul roads prior to their use by the applicant or owner. The extraction license and Conditional Use Permit issued to the applicant shall designate the haul roads to be used and the required upgrading or repairing. It shall be the responsibility of the applicant or owner to maintain the haul roads in accordance with the provisions set forth in the extraction license and conditional use permit. The City shall periodically inspect haul roads to ensure compliance with the extraction license and conditional use permit. During the period of or upon completion of the extraction operations, the applicant or owner shall make any necessary repairs to the haul roads as required by the City. All costs of inspection provided for in this subsection shall be borne by the applicant or owner. The use of the haul roads shall be further subject to any road and weight restrictions imposed by the City. Section 10. That this Ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this day of 2010. Stephanie Klinzing Mayor Attest: Tina Allard City Clerk GP:2870697 v4