3D - Ordinance Amendment Establishing an Extractive Use Overlay District

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STAFF REPORT Application: Ordinance Amendment Establishing an Extractive Use Overlay District Applicant: City of Pequot Lakes Background: The City has a moratorium on extractives uses that expires at the beginning of 2007. As Staff, we have received numerous comments and direction from Commission members on how they desire that we proceed. Some members would proposed composing or editing new ordinance language and establish a complex system of regulation and administration of extractive uses. Other members proposed banning, either overtly or de-facto through strict regulation, all extractive uses. Other members had indicated preferences that fall in between these. In the past,the Planning Commission was asked to consider the following questions: 1. Do members see a need or have a desire to accept a new temporary extractive use which involves just extraction somewhere in the City? 2. Do members see a need or have a desire to accept a new temporary extractive use which involves some type of processing or crushing somewhere in the City? 3. Do members see a need or have a desire to accept a new permanent extractive use which involves just extraction somewhere in the City? 4. Do members see a need or have a desire to accept a new permanent extractive use which involves some type of processing or crushing somewhere in the City? 5. Are members open to providing for expansion of the existing extractive use sites to take in adjacent properties for extraction? 6. Are members open to providing for expansion of the existing extractive use sites to take in adjacent properties for extraction and permanent processing operations? It was the consensus of the Commission, after discussion of the preceding questions, that the existing extractive uses and related pits should be allowed to remain with opportunity to expand. The Staff as prepared a map showing the proposed overlay district with a buffer of Soo feet around parcels containing existing extractive uses. Residentially zoned parcels were removed from the district as extractive uses are prohibited in those zones. In addition,the northern-most portions of the two parcels in the far northeastern corner of the City was also included as these properties had been previously used for extractive purposes. Under this proposal, the existing extractive uses would be allowed to continue to operate, but have the opportunity to expand so long as they meet the criteria for setbacks and restoration currently contained in the Ordinance, as well as other conditions applied through the conditional use permitting process. Planning Commission Direction:The Planning Commission can choose to recommend that the City Council approve or deny the proposed Ordinance amendments. The Planning Commission may also choose to table the matter at this time if more information is needed. Staff Recommendation: The Staff recommends that the following Ordinance amendments be adopted(additions are underlined,deletions are stricken). City of Pequot Lakes Staff Report 4-1 November 16,2006