8A - Extractive Use Overlay District

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a. Surface rehabilitation. All excavation shall be made either to a water producing depth, with a water depth of not less than five(5)feet or the surface of such area which is not permanently submerged shall be graded or backfilled to contour and shape the peaks and depressions thereof, so as to produce a gently drained surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. Four (4) inches of black topsoil shall be placed on all areas,except beaches,that will remain above water level.Haul roads will be restored to their condition prior to the beginning of the extraction operation. b. Vegetation. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as herein above provided. c. Banks of excavation not backfilled. The banks of all excavation not backfilled shall be sloped not steeper than three (3) horizontal feet to one (i) vertical foot and said bank shall be seeded. In addition to meeting these criteria, a successful extractive use application must meet the criteria for a conditional use permit, as detailed in Section 11.6 of the Ordinance. This section indicates that there are four main criteria that must be met and an additional eight factors to be considered by the Planning Commission in making a decision on a conditional use permit application. At last month's meeting,the Planning Commission discussed the following questions: i. Are the provisions of the current Ordinance sufficient to protect the interests of the public and the public health,safety,and welfare? 2. Are there additional criteria that should be applied to extractive uses to protect the public health,safety,and welfare? a. If so,what should those criteria be? 3. Should extractive uses remain as conditional uses in the Forest Management zone? Agriculture zone? 4. Should an Overlay District be created for extractive uses? a. If so,what should the criteria to base that district on be? During the discussion,the following criteria were discussed as a basis for developing an overlay district for extractive uses: i. Proximity to residential uses 2. Visibility from roadways or main corridors 3. Separate extractive uses from accessory uses like processing 4. Restrict extractive uses to Forest Management and Agriculture zones 5. Inventory existing extractive uses in the City 6. Map potential sites of extractive uses 7. Buffer existing extractive use sites 8. City of Pequot Lakes Staff Report 10-2 March 16,2006