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ORD 10-23ORDINANCE NO. 10- 23 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; (iii) the proposed mineral extraction activities will fully comply with the applicable standards and requirements set forth in Chapter 42, Article II, Division 2 of this Code; and (iv) 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 (f), 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: 0 (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; (iii) the proposed mineral extraction activities will comply with the requirements set forth in this article; and (iv) 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. Section 11. That Interim Ordinance No. 10 -1, adopted by the Elk River City Council on September 20, 2010, shall be terminated upon the effective date of this Ordinance No. 10- . • Passed and adopted by the City Council of the City of Elk River this I Ub day of December , 2010. Step nie Klinzing Mayor Attest: �_,z L( ? Tina Allard City Clerk GP:2870697 v5 0 G 11 ORDINANCE NO. 10-23 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30.1385 AND CHAPTER 42, RTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES RELATING TO THE MINERAL EXCA- VATION OVERLAY ZON- ING DISTRICT AND THE REGULATION OF MINERAL EXCAVATION ACTIVITIES The City Council of the City of Elk River does hereby ordain as follows: Sectionl. 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. Establish- ment of Mineral Excavati6n Overlay ZoWn an'il -sliecific parcel of land shall be by amendment to the City Zoning map as provided by this article and pursuant to the proce- dures and requirements set forth in Section 30 -575 of this Code. Applications for a zone change to the Mineral Excava- tion District shall only be approved upon a finding that: (i) the requirements set forth in Section 30 -575 of this Ordi- nance have been met; (ii) the / �oposed zone change is consis- t with the City's Compre- .sive Plan; (iii) the proposed mineral extraction activities will fully comply with the applicable standards and-. requirements set forth in Chap- ter 42, Article II, Division 2 of this Code; and the pro- posed activities will not be dangerous or otherwise detri- mental to persons residing or working in the vicinity therod, or to the public ewW, aahty or welfore, and grill net impe fr the nee, a 99yovist or wlne of t» lertf or tYeM: (b) Coaditionol Use Permit Procedures and Requirements. Applications for Conditional Use Permits to allow mineral excavation activities shall be approved pursuant to the pro- cedures 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; 00 the procedures set forth in Chapter 42, Article II, Division 2 of this Code haii'e been fully complied with; ( #i)4 tg standards and require- is set forth in Chapter 42, cle II, Division 3 of this Code have been fully complied' with; and (iv) the proposed mineral excavation activities will not be dangerous or other- AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF SHERBURNE ) Marlys Ellingson, being duly sworn on oath says that she is the sales manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all ofthe requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 18th day of December, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 18th day of December, 2010, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijklmnopgrstuvwxyz Sales Manager Subscribed and sworn to before me on this 18th day of December, 2010 IN 111111 1� �f19� "�'c Mi�rpUgNR 0 Fkpirs� �T n J' isfs� Notary Public RATE INFORMATION (1) Lowest classified rate paid by $ 21.00 commercial users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,452,495 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate) wise detrimental to persons residing or working in the the applicant shall submit, vicinity thereof, or to public health, safety or welfare, and ;kith the g2�pplication for a min - , eral exceMion license and/or will not impair the use of, Conditional Use Permit to enjoyment or value of any llow mineral excavation, ,a neighboring property. (f) The Council, in its discre- wetland delineation map, wet - tion, may attach conditions to land impact plan, wetland . mitigation plan and such other the issuance of a Conditional a 'I information as is required pur- Use Permit provided in Sec- tion 30 -655 of this Code. 91}ant to Section 30 -1851 (c) of (g) An application for a Con - this Code. Section 5. That Section 42 -53 ditional Use Permit to allow a of the Elk River City Code of specific mineral excavation operation, if timely filed as , Ordinances shall be amended provided by this article, may be to read as follows: Section 42 -53. Issuance processed by the City and con- sidered by the City Council (a) Upon referral of the' along with an application to application provided for in this division from the City Adminis- i zone the affected property into trator, the Council shall evalu- the mineral excavation overlay district. ate t h,e application in Section 2. That the first sen- accordance with the applicable requirements of Chapter 30 of tence of Section 42 -52 of the Elk River City Code of Ordi- this Code, and the standards nances shall be amended to and requirements set forth in this article. read as follows: Application for an Extrac- (b) No application for an tion License, Conditional Use extraction license and /or a Conditional Use Permit to Permit and/or. Zone Change, as required by this division, shall allow mineral excavation ; be made in writing to the activities on land which includes any wetlands shall be Council in the form specified by presented to the Planning' the City Administrator. The Commission or City Council for application shall contain the following information: review unless and until the' Section 3. That Section 42 -52 process set forth in Section 30 -1851 (d) of this Code has (7) of the Elk River City Code of Ordinances shall be been completed and the amended to add new subpart provisions, standards and requirements of Chapter 30, (f), as follows: f A detailed map of the Article VI, Division 10.5 have' 'fully highways, streets, roads or been complied with. . Failure to complete the process other public ways, and any pri- vate easements or private set forth in Section 30 -1851 (d), property, upon and along which or to comply with the provisions, standards and the material removed shall be requirements of Chapter 30, transported (haul roads). The map shall identify all proposed Article VI, Division 10.5, shall haul roads from the proposed be, cause for denial of an 'a excavation site to the Elk River application for license or Conditional Use Permit. corporate limits. Section 4. That Section 42 -52 (c) The Council shall issue an of the Elk River City Code of extraction license only upon a finding that the proposed Ordinances shall be amended : extraction activities will comply to add new subparts (11) and,; (12), as follows: - with the standards and ' (11) Evidence that access to re uirements set forth in this ,._ and use of all haul roads will be article and will not be dangerous or otherwise safe and that the applicant has received approval by MNDOT detrimental to jierssas for access to and use of state highways, and approval by o f we tdi wi o A ty may impose appropriat vitl Sherburne County for access to and use of 'county roads. Evi- i+wo at or dence of a right to access and r ' ee sl s j not ibsering. use any private property or 1'14e Comicil, m its J easement required to access a d i s on, may attach i public right of way or proposed conditions to protect the public haul road shall also be submit- health, safety and welfare, to ted with the application. avoid traffic congestion or Approval to access and use City hazard, or to promote streets as haul roads shall be at conformity of a proposed use the .discretion of the Council with the character of adjoin*-, and will be considered by the property and uses. Council with the application. Article, the applicant or owner (12) Evidence satisfactory to shall notify the Council of the the City that the property pro- change in estimated quantity. posed to be licensed for min- Section 7. That Section 42 -54 eral excavation does not of the Elk River City Code of include any wetlands. If the Ordinances shall be amended property does include wetlands, to add new subparts (c) and (d) (d) The Council shall issue a Conditional Use Permit Section 8. That Section 42 -74 a1191ving extraction activities ' of the Elk River City Code of only upon a finding that the ` •Ordinances shall be amended proposed extraction activities ; =to add new subpart (4) thereto, will: 0) comply with the - as follows: " standards for issuance of a,: (4) Within any required Conditional Use Permit set. , buffer zone or setback area on forth in Section 30 -654 of this ' the applicants or any adjoining Code; (ii) will comply with the property. standards and requirements Section 9. That Section 42=78 set forth in this article; and (iii) of the Elk River City Code of will not be dangerous or Ordinances shall be amended ptherwise detrimental to to read as follows: ersons residing or working in Section 42 -78, Haul Roads he vicinity thereof, or to the and Access. '�ublie health, safety or welfare, (1) No extraction license e and will not impair the use, Conditional Use Permit for th ';enjoyment or value of any extraction of minerals shall b neighboring property. The 'issued unless and until tl Council, in its discretion, may applicant has o b t a i n e i attach conditions to the approval from the City issuance of a Conditional Use Sherburne County and/or the 'Permit as provided in Section ' Minnesota Department a. 30 -655 of this Code. Transportation for access t (e) The Council shall approve and use of all haul road'! a zone change to the mineral necessary to conduct extraction excavation overlay district only activitiei( in the propose) upon a finding that: (i) the : location. The City shall no requirements set forth in approve access to or use of an; Section 30-575 o f this ; public right of way, includin; Ordinance have been met; (ii) state or county highways o, the proposed zone change is City streets, as a haul road consistent with the City's unless the applicant ha Comprehensive Plan; (iii) the demonstrated and the City proposed mineral extraction Council has found that thi activities will comply with the proposed access is safe and tha requirements, set forth in this use of the proposed access anc article; and (iv) the proposed the public right of way fol activities will not be dangerous mineral excavation activities or otherwise detrimental to can and will be done in a safe persons residing or working in manner and will not be a the vicinity thereof, or to the danger to public use of the public health, safety or welfare, right of way. The City, County., and will not impair the use, or State, in their discretion' enjoyment or value of any may impose appropriat neighboring property or use. conditions on access to and us Section 6. That Section 42 -54 of all public rights of way in th ' (a) of the Elk River City Code of City, including City streets an Ordinances shall be amended county and state highways, i to add new subpart (3) thereto, order to ensure safe access to as follows: and use of these public rights of (3) The estimated quantity of way. The applicant shall be'. minerals to be extracted. If the responsible for the cost of! quantity of minerals to be obtaining all necessary permits' extracted is, for any reason, and approvals, and for all costs likely to exceed the original associated4ith implementing estimate required in this or complying with all Article, the applicant or owner ' conditions- imposod by the shall notify the Council of the State, County or City. These change in estimated quantity. costs shall include, but not be Section 7. That Section 42 -54 limited to, the costa o f of the Elk River City Code of designing, permitting,: testing, Ordinances shall be amended constructing and maintaining to add new subparts (c) and (d) the improvements, upgrades or thereto, as follows: expansions to haul roads in (c) As a prerequisite to the accordance with applicable issuance of an extraction state laws and the specifica- license or Conditional Use tions of the agency with Permit, the applicant shall jurisdiction. reimburse the City for the (2) No extraction license or City's cost of processing and Conditional Use Permit for the reviewing the application. ewk%ettft of s"H be (d)After an extraction issued unless and im#1 &e license or Conditional Use ' spplicaat has Ao aetsRtatod Permit has been granted, the sad tke City Cjc aci h" isead applicant shall reimburse the � the � bag tbo �t City for the cost of periodic to use alley private y or inspections by the City private easements neeersasy to Administrator, Building or access a public right of way and Zoning Administrator or other that the proposed use of private City employees for the property or easements can and purposes of determining that will be done in a manner that is the provisions and extraction safe and in compliance with all license, Conditional Use Permit environmental and other and this article are being standards and requirements. followed. (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 •kequired 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 ro'ads 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 repay to the haul roads as regt ',by the City. All costs of-- .,pection provided for in this subsection shall be home 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. T h a t t h i s Ordinance shall take effect upon adoption and be published as provided by law. Sectionll. That Interim Ordinance No. 10 -1, adopted by the Elk River City Council on, September 20, 2010, shall be terminated upon the effective date'9f this Ordinance No. 10 -23``: Passed and adopted by the City Council of the City of Elk River this 13th day of December, 2010. Stephanie Klinzing, Mayor Attest: Tina-Allard, City Clerk (D18)