5.4. PCSR 08-24-2004 ITEM # 5.4.
City of
Elk
River
MEMORANDUM
TO: Planning Commission
FROM: Rebecca Haug, Environmental
DATE: August 24, 2004 KK
SUBJECT: Zone Change from Agricultural (A-1) to Mineral Excavation
Overlay Zoning District (ME) by J & B Mining/ P.H. IC 04-08
Re uest•
J&B Mining is requesting a zone change from A-1 to ME to accommodate mining of gravel
and peat on the following described property:
South Half of the Northeast Quarter of the Northeast Quarter�(S 1 of NE 1/4 of NE i 1/4a),
Section 10 and Northwest Quarter of the Northwest Quarter(NW of NW i/a),Section 11,
all in Township 33, Range 26, Sherburne County, Minnesota.
Mineral Excavation Overlay Zoning District is designed to allow the extraction of resources
as an interim use,prior to a more permanent land use on the property, as long as it doesn't
conflict with surrounding land uses. The property to the north,south and west of the J&B
site are currently being mined and there are no sensitive land uses to the immediate east of
the site.
Recom m men dation: Staff is recommending approval of the J&B Mining zone change from
A-1 to ME. An Ordinance Amendment reflecting this recommendation is attached.
•
ORDINANCE 04 - 08
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
AS DESCRIBED
CASE NO. ZC 04- OS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone the properties described as:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following findings:
1. THE CITY'S COMPREHENSIVE PLAN ANTICIPATED MINERAL
EXCAVATION AS AN INTERIM USE WITH THE MINERAL
EXCAVATION OVERLAY ZONING DISTRICT.
2. THE SUBJECT PROPERTY ABUTS EXISTING MINERAL EXCAVATION
OPERATIONS.
3. MINERAL EXCAVATION,AS PROPOSED, WILL NOT INTERFERE
WITH OR UNDULY IMPACT SURROUNDING LAND USES OR OTHER
NATURAL RESOURCES.
4. THE REQUEST IS CONSISTENT WITH THE ULTIMATE END USE OF
THE PROPERTY IDENTIFIED ON THE CITY'S LAND USE MAP, SINCE
THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT LEAVES
THE UNDERLYING ZONING AND LAND USE OF THE SUBJECT
PROPERTY UNCHANGED.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this day of ,2004, by the City Council of the City of
Elk River.
ATTEST: Stephanie A. Klinzing, Mayor
Joan Schmidt, City Clerk
Exhibit A
South Half of the Northeast Quarter of the Northeast Quarter (S lh of NE / of NE t/a),
Section 10 and Northwest Quarter of the Northwest Quarter(NW 1 of NW 1/4),Section 11,
all in Township 33, Range 26, Sherburne County, Minnesota.