6.3. SR 11-19-2007/j
Elk REQUEST FOR ACTION
River
To Item Number
City Council 6.3.
Agenda Section Meeting Date Prepared by
Community Develo went November 19, 2007 Rebecca Hau ,Environmental Admin
Item Description Reviewed by
Ordinance Approving Zone Change Request by Tiller erem Barnhart, Plannin Mana ex
Corporation to Add to Certain Pxopcrty Cuxxentiy Zoned R1a Reviewed by
(Single Family Residential) the Overlay Zone ME (Mineral
Excavation Overla ), Public Hearin -Case No. ZC 07-05
Action Requested
Adopt ordinance approving the ME (Mineral Excavation) overlay zone to the subject property.
Background/Discussion
The City Council granted a Conditional Use Permit (CU 07-22) to permit mining on the subject property
(~ylest Proctor Road, north of Ridgewood First addition and north of the 199'" Avenue alignment) in
August, 2007. Included in the conditions was the requirement to rezone the property. This rezoning
action is considered a housekeeping measure, to be consistent with both the recently approved
conditional use permit and the land use plan.
The property is cuxxendy zoned R-1a and the request is to introduce the ME overlay zone to the subject
property. A conditional use permit was granted and an Environment Assessment Worksheet was
completed. As noted above, this zone change is a housekeeping measure to ensure compatibility with
xecentiv approved land use actions.
The 2004 Comprehensive Land Use Plan designates the property in the Amendment as Mining and the
property immediately to the south as Open Space. The amendment is consistent and compatible with the
Comprehensive Plan and Map.
Attachments
• Location Map
• Approved CUP
• Ordinance
Action Motion by Second by Votc
Follow Up
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September 12, 2007
Michael Caron
Tiller Corporation
PO Box 1480
Maple Grove MN 55311-6480
RE: REQUEST FOR CONDITIONAL USE PERMIT FOR MINERAL
EXCAVATION, CASE NO. CU 07-22
Dear Mt. Caton:
Your request as described above was approved by the Elk River City Council at their August
20, 2007 meeting. Conditions of approval are as follows:
1. TRAFFIC FROM THE OPERATIONS AREA WILL ACCESS THE NEW
ALIGNMENT OF COUNTY RD 33 WITH THE MAJORITY OF TRAFFIC
GENERATED FROM THE EXISTING OPERATION AREA HEAD EAST TO US
HWY 169. PROCTOR RD AND COUNTY RD 33 WEST OF THE EXITING
OPERATION WILL ONLY BE USED FOR LOCAL PROJECTS.
2. THE SITE MUST OPERATE UNDER MINNESOTA POLLUTION. CONTROL
AGENCY (MPCA) NPDES PERMIT FOR GRAVEL MINING FACILITIES AND A
STORMWATER POLLUTION PREVENTION PLAN BE IMPLEMENTED.
3. WATERING ON-SITE GRAVEL HAUL ROADS MUST BE DONE TO REDUCE
DUST.
4. ALONG PROCTOR RD, A 78 FOOT SETBACK MUST BE MAINTAINED AND IN
NO INSTANCE WILL THE SETBACK BE LESS THAN 78 FEET FROM RIGHT-
OF-WAY.
5. THE OPERATOR SHALL TAKE MEASURES DEEMED APPROPRIATE BY THE
SHERBURNE COUNTY FORESTER TO CONTROL OAKWILT. CUTTING OF
TREES BETWEEN APRIL IS AND JULY 15 IS PROHIBITED.
6. THE SITE MUST BE GRADED IN ACCORDANCE TO THE RECLAMATION
PLAN.
7. OPERATIONS MUST BE IN COMPLIANCE WITH ALL STATE NOISE
STANDARDS.
8. MINING AND CRUSHING WILL BE CONDUCTED BETWEEN 7:00 A.M. TO 7:00
P.M. MONDAY -FRIDAY AND 8:00 A.M. TO 4:30 P.M ON SATURDAY.
9. TOPSOIL WILL BE RETAINED ON-SITE AND USED TO CREATE SCREENINI
BERMS.
10. ACTIVE SLOPES TO BE APPROXIMATELY 1.5:1 AND FINISHED SLOPES NOT
TO EXCEED 4:1.
11. PROPERTY WILL BE REZONED TO MINERAL EXCAVATION OVERLAY.
It is my understanding that you are working with Rebecca Haug on the Conditional Use Pemut
Agreement. Condition #11 states that the property must be rezoned to Mineral Excavation
Ctverlay. I have enclosed a land use application form and rezoning application.
If you have any questions, please call me at 763/635-1032 or Rebecca Haug at 763/635-1068.
Sincerely,
,cQ ~.
Deborah Huebner
Community Development Assistant
C:\Documents and Settings\jjohnson\Local Settings\Temponuy Internet Files\OLK49\Appsoval L[x.doc
ORDINANCE 07 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
AS DESCRIBED
CASE NO. ZC 07- 05
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 property (ies) described as:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following findings:
1. THE 1tEQUEST IS CONSISTENT WTH ADJACENT ZONING LAND
USES.
2. THE USE IS CONSISTENT WITH THE ZONING.
3. THE ZONING IS CONSISTENT WITH THE LAND USE.
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 19'" day of November, 2007, by the City Council of the City
of Elk River.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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change.doc