7C - Extractive Uses & Restoration Ordinance

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STAFF REPORT Item: Extractive Uses and Restoration Ordinance Background: At the most recent City Council meeting, the City adopted the Planning Commission's recommendation for the Extractive Use Overlay District. At the last meeting, the Planning Commission indicated that these were the areas that were deemed most appropriate for this type of use, but elected to review the section of the Ordinance directly governing the operation and rehabilitation of Extractive Uses within the City. 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): i. 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. 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: i. 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. 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. D. Equipment. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Power drives or power producing machinery, not including vehicles, shall not be housed or operated less than i,000 feet from a residential use district. E. Processing. Crushing, concrete mixing, washing, refining, and other similar processing must be authorized by the CUP as an accessory use, provided, however, that such accessory processing does not conflict with the use City of Pequot Lakes Staff Report 6-1 January 18,2007