Extractive Use Ord Amend Staff Report

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Pequot Lakes Staff Report 3 (b) - 1 March 17, 2016 PUBLIC HEARING – EXTRACTIVE USE Application: Ordinance Amendment regarding Extractive Use Applicant: City of Pequot Lakes Agenda Item: 3 (b) Background Information: It was brought to Staff’s attention that the language included in our Extractive Use Ordinance was vague. Staff provides the following amendment. Applicable Regulations: The underlined text is the proposed language to be added. The strikethrough language is proposed to be removed. Section 17-8.5 EXTRACTIVE USES AND RESOTRATION 1. In all districts where permitted, as defined in 17-6.4 Extractive Use Overlay District, mining shall be permitted only by CUP. Such permit shall include as a condition: a site plan, a completion plan and a haul route plan with provision for road restoration as provided below. An approved extractive use CUP shall be used solely for the operations detailed in the permit. 2. All excavation and extraction shall conform to the following: A. Distance from property lines. No quarrying operation shall be carried on or any stock pile placed closer than 50 feet from any property line, unless a greater distance is specified by the CUP where such is deemed necessary for the protection of adjacent property. This distance requirement may be reduced to 25 feet only with written consent of the owners of the affected adjacent non- residence property. Proof of said agreement shall be submitted as a part of the application and maintained in City files for all approved CUPs for extractive uses. Without such agreement, the buffer area may be used only under the following circumstances: (1) The buffer area may contain the haul road if the City determines that, for safety purposes, the access to the use is best served in that area. (2) The haul road may be located in the buffer area to avoid wetlands or other sensitive environmental resources. (3) If authorized in an approved reclamation plan, one half of