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

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2. The use or development, with conditions, conforms to the Comprehensive Land Use Plan. 3. The use with conditions is compatible with the existing neighborhood. 4. The use with conditions would not be injurious to the public health, safety, welfare, decency,order,comfort,convenience,appearance,or prosperity of the City. Section 11.6 all direct the Planning Commission to consider the following when deciding on an application: 1. The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity. 2. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3. The conditional use requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 4. The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares. 5. Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use. 6. Adequate measures have been taken, or will be taken, to prevent or control offensive odor,fumes,dust,noise,and vibration,so none of these will constitute a nuisance and to control lights and signs in such a manner that no disturbance to neighboring properties will result. 7. The conditional use will not result in the destruction,loss,or damage of a natural,scenic, or historic feature of major significance. 8. The conditional use will promote the prevention and control of pollution of the ground and surface waters,including sedimentation and control of nutrients. There has also been some question raised about whether an Environmental Assessment Worksheet (EAW) is required and several general questions about the environmental review process.Minnesota Rules part 4410.4300,subpart 12 lists the thresholds for a mandatory EAW. For nonmetallic mineral mining, an EAW is required for the development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals, other than peat, which will excavate 4o or more acres of land to a mean depth of ten feet or more during its existence.This threshold requires a mine to be both at least 4o acres in extent and of a 10-foot average depth. As the proposed project is 384 acres in size, the project does not meet the requirement for a mandatory RAW. There were some questions about what an EAW is and what role it would play should a citizen petition mandate one.To clarify for anyone that is unsure,the purpose of an EAW is to research and provide the information necessary to determine whether the project has the potential for significant environmental effects. Should it be determined that the project has the potential for significant environmental effects, then an Environmental Impact Statement (EIS) would be required, wherein information is provided about the extent of those potential environmental impacts and methods for avoiding or minimizing those impacts. It should be noted that the environmental review process,including both the EAW and the EIS, is not a means of deciding whether to approve or disapprove a project.The intent and purpose of the review process is to act as a source of information to guide approval decisions. On occasion, the information results in an alternative site or a different design being chosen over what the applicant's preference. Most often, however, the review process provides changes or methods that can be used to avoid or mitigate potential impacts that many local government City of Pequot Lakes Staff Report 3-3 November 17,2005 `'�