4C - Ordinance Amendment Governing the Operation and Rehabilitation of Extractive Uses

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STAFF REPORT Application: Ordinance Amendment Governing the Operation and Rehabilitation of Extractive Uses Applicant: City of Pequot Lakes Agenda Item:4(c) Background: The Planning Commission has been working to tighten up the language in Section 8.5 pertaining to Extractive Uses and Restoration,with the goal of ensuring that enough information is provided to appropriately review an application, and to protect the long-term interests of the community. As such the Staff has worked to amend the existing Ordinance, referring to Ordinances in place in both Cass and Crow Wing Counties, along with other Ordinances from area communities. Ordinance Amendment Proposal: Based on previous discussions, the Staff proposes the following amendments to Section 8.5 governing Extractive Uses and Restoration (additions are underlined,deletions are stricken): 1. In all districts where permitted as defined in Section 6.4 Extractive Use Overlay District, mining shall be permitted only by CUP. Such permit shall include as a condition: site plan, a completion plan, and a haul route plan with provision for road restoration as provide 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, ..~,,videa hat.This distance requirement maybe 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: i. The buffer area may contain the haul road if the City determines that, for safely purposes,the access to the use is best served in that area. ii. The haul road may be located in the buffer area to avoid wetlands or other sensitive environmental resources. iii. If authorized in an approved reclamation plan, one half of the buffer area may be used for the storage of topsoil and for final sloping All topsoil storage areas shall be seeded to prevent erosion and dust. Berms, including those consisting of topsoil to be used for reclamation, may be placed in the buffer area, but they shall be seeded and mulched in a manner that prevents dust from blowing onto adjacent properties. B. Distance from public right-of-way. In the event that the site of mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way. C. Fencing. Fencing shall be erected and maintained around the entire site or excavated portions thereof and shall be of a type specified in the CUP. City of Pequot Lakes Staff Report 3-1 February 15,2007