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Planning Commission Minutes Page 4 January 24,2017 Moved by Commission Konietzko and seconded by Commissioner Thiel to recommend approval of a zone change to Mineral Extraction Overlay for PID's 75- 103-1300 and 75-103-1400. Motion carried 7-0. Moved by Commissioner Konietzko and seconded by Commissioner Nicholas to recommend approval of Conditional Use Permit,Case No. CU 17-02 with the following conditions: 1. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 2. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. Failure to obtain an annual license will be evidence of cessation of use. 3. The applicant must apply for and receive approval of all required permits before any construction may begin. 4. A mineral extraction license shall be obtained annually. 5. Setbacks of 50 feet from Baldwin Ave and the northern property line shall be maintained. Setbacks of 30 feet from US Hwy 169 shall be maintained. Setback of 30 feet from the southern property line,unless mining collaboration agreement across property lines is confirmed. No mining activity shall be permitted within the setback area without staff approval. —� 6. The need of buffering and/or screening in light of surrounding land uses shall be evaluated at the time of annual license renewal and shall be installed when directed by the City to protect surrounding land uses. 7. The applicant shall be responsible for the cost and construction of necessary and reasonable road improvements related to the project,as deemed necessary by the City, Sherburne County or MnDot.The City reserves the right to require the applicant to pay for road maintenance of haul routes. 8. The applicant shall work with the City Engineer to locate the berming along Baldwin Street NW. 9. Wash operations shall not be permitted unless a plan for protecting ground water and surrounding environment is approved by the city's environmental consultant. 10. Dust control is required for all roads and within the site in accordance with air pollution standards and to ensure dust does not create a public nuisance or otherwise adversely affecting adjacent properties. 11. All activities on the site shall be conducted in a manner that is consistent with operating permits issued by the City,county, state,federal and other agencies.A copy of any and all permits related to the operation of the site shall be submitted to the City for their reference. 12. Vehicles and equipment not in operable condition or materials not associated with the mineral extraction/excavation activity shall not be kept or stored at the site. 13. The site shall be mowed or maintained to control noxious weeds and other vegetation. Existing trees and ground cover shall be preserved to the maximum extent possible.