04C - Conditional Use Permit for an Extractive Use Anderson Brothers Construction

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STAFF REPORT Application: Conditional Use Permit for an Extractive Use Applicant: Anderson Brothers Construction Background: The property in question is located in the southwestern part of the City between State Highway 371 and Hurtig Road. The total property size is 174.69 acres and is currently zoned Forest Management. The applicant is proposing to use approximately 38.4 acres of the site for excavation and processing purposes. The applicant proposes to remove the material using a front-end loader, without using blasting or explosives. The proposed operation would include a wash plant, a crusher,an asphalt plant,and a concrete plant. The proposed project would be extended anywhere from 5 to 15 years,depending on the demand for the materials and how quickly the materials are exhausted. The project will be divided into three phases, as indicated in the attached site plans. During Phase i, after the berms are established, the proposed excavation would start on the eastern side of the proposed site at a depth of 32 feet with at least 2 feet of material between the excavation level and the water table. Phase i would use approximately seven(7) acres of open working gravel bank area,with fifteen (15)acres for stockpiles and the plant site. Phase 2 extends the excavation area approximately ioo feet to the west and includes the establishment of wash ponds in the northeast corner of the site.Phase 3 includes the entire 38.4 acres of the proposed excavation area with operations remaining in the eastern portion of the project site. The topsoil removed to excavate the needed material will be stored as berms around the excavation site as indicated on the plans.All berms will be at least ioo feet from any property line and the applicant is proposing to seed the berms.After excavation is complete,all disturbed areas will have topsoil replaced with slopes shaped at least to 3 to I. The applicant proposes to use the existing access road to State Highway 371 as the primary haul route for this project.The applicant has indicated that they will work with MnDOT to develop a turn lane and passing lane for ingress to the property. The applicant is also requesting to continue 24 hours per day,with no operations on Sundays or holidays. Applicable Statutes: The property is zoned Forest Management and must adhere to the lot, use, and density requirements for this zone, as described in Section 5.4. These provisions include the following: • Lot Width...................................................................300 feet • Total Minimum Lot Area...........................................10 acres • Setback,all streets and roads......................................5o feet • Setback,side................................................................25 feet Extractive uses are listed as a conditional use in the Forest Management zone. Section 8.5 governs extractive uses and includes the following provisions: City of Pequot Lakes Staff Report 3-1 November 17 2005 `�