5.2. SR 12-13-2010 - Laserfiche WebLink

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REQUEST FOR ACTION TO ITEM NUMBER Ma or & Ci Council 5.2. AGENDA SECTION MEETING DATE PREPARED BY Worksession December 13, 2010 Rebecca Haug, Environmental Administrator ITEM DESCRIPTION REVIEWED BY Request by City of Elk River for Ordinance Amendment to Peter Beck, Ci Attorne Section 30-1385 and Chapter 42, Article II of the Elk River City REVIEWED BY Code of Ordinances relating to the Mineral Excavation Overlay Lori Johnson, City Administrator Zoning District and the Regulation of the Mineral Excavation Activities, Case No. OA 10-12 -Public Hearin ACTION REQUESTED Staff and the Planning Commission support the ordinance changes to Section 30-1385 and Chapter 42, Article II of the Elk River City Code of Ordinances relating to the Mineral Excavation Overlay Zoning District and the Regulation of Mineral Excavation Activities as most of the proposed changes are considered housekeeping. BACKGROUND/DISCUSSION Section 30-1385 in the Land Development Regulations, which requires that land proposed for mineral excavation activities be zoned into the Mineral Excavation Overlay District and receive a Conditional Use Permit, is being amended to: 1) Specifically require that a proposed zone change to the Mineral Excavation District be consistent with the City's Comprehensive Plan and the City Code requirements for a rezoning; and 2) Specifically require that a proposed Conditional Use Permit for mineral excavation activities meet both the City Code standards for issuance of Conditional Use Permits and the standards and requirements set forth in the Mineral Excavation Ordinance for issuance of a mineral excavation license. The amendments to Chapter 42, Article II of Mineral Excavation ordinance accomplish the same goal and also address the wetlands, haul roads, and access issues. Adoption of the proposed code amendments will accomplish the goals of the interim ordinance adopted on September 20, 2010. Therefore, the attached ordinance has been revised since the Planning Commission reviewed it to add Section II, which terminates the moratorium. Planning Commission Comment The Planning Commission held their public hearing on November 23, 2010. The Planning Commission was unanimous in its support for the ordinance amendment. There were no comments made by the public. The Planning Commission recommended approval in a 5-0 vote. Commissioner Anderson and Lemke were absent.