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E lls <br />River` <br />Request for Action <br />To <br />Item Number <br />Planning Commission <br />5.2 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />January 24, 2017 <br />BrieAnna Simon, Planner <br />Kristin Mroz, Environmental Technician <br />Item Description <br />Reviewed by <br />Max Steininger, Inc. — PID 75- 103 -1300 <br />Zack Carlton, Planning Manager <br />• Zone Change adding ME Overlay District, Case <br />Reviewed by <br />No. ZC 17 -02 <br />• Conditional Use Permit for Mineral Excavation, <br />Case No. CU 17 -02 <br />Action Requested <br />Recommend, by motion, approval of the Conditional Use Permit (CUP) with the following conditions: <br />1. If the proposed work described in the application and Conditional Use Permit has not been <br />substantially completed within two years of the Conditional Use Permits date of approval, the <br />permit shall expire and become void. <br />2. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. <br />Failure to obtain an annual license will be evidence of cessation of use. <br />3. The applicant must apply for and receive approval of all required permits before any construction <br />may begin. <br />4. A mineral extraction license shall be obtained annually. <br />5. Setbacks of 50 feet from Baldwin Ave and the northern property line shall be maintained. <br />Setbacks of 30 feet from US Hwy 169 shall be maintained. Setback of 30 feet from the southern <br />property line, unless mining collaboration agreement across property lines is confirmed. No <br />mining activity shall be permitted within the setback area without staff approval. <br />6. The need of buffering and /or screening in light of surrounding land uses shall be evaluated at the <br />time of annual license renewal and shall be installed when directed by the City to protect <br />surrounding land uses. <br />7. The applicant shall be responsible for the cost and construction of all road improvements, <br />including turn lanes, as required by the Township, Sherburne County or MnDot. The City <br />reserves the right to require the applicant to pay for road maintenance of haul routes. <br />8. The applicant shall work with the City Engineer to locate the berming along Baldwin Street NW. <br />9. Wash operations shall not be permitted unless a plan for protecting ground water and <br />surrounding environment is approved by the city's environmental consultant. <br />10. Dust control is required for all roads and within the site in accordance with air pollution standards <br />and to ensure dust does not create a public nuisance or otherwise adversely affecting adjacent <br />properties. <br />11. All activities on the site shall be conducted in a manner that is consistent with operating permits <br />issued by the City, county, state, federal and other agencies. A copy of any and all permits related <br />to the operation of the site shall be submitted to the City for their reference. <br />12. Vehicles and equipment not in operable condition or materials not associated with the mineral <br />extraction /excavation activity shall not be kept or stored at the site. <br />iawERfu sr <br />4A UO'E <br />