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( \ AGENDA ITEM 5.2 <br /> of <br /> ty FMEMORANDUM <br /> 41kRiver TO: PLANNING COMMISSION <br /> FROM: STEPHEN ROHLF, BUILDING <br /> AND ZONING ADMINISTRATOR <br /> DATE: AUGUST 17, 1994 5-K <br /> SUBJECT: ZONE CHANGE REQUEST BY THE <br /> CITY OF ELK RIVER FOR THE <br /> MINERAL EXCAVATION DISTRICT/ <br /> PUBLIC HEARING CASE NO. ZC-94-09 <br /> REQUEST <br /> The City is initiating a zone change to "Mineral Excavation Overlay District" <br /> on most of the parcels that were included in the study area as identified in <br /> the Environmental Impact Statement on mineral excavation. Some property <br /> owners included in the study area requested not to be part of this zone <br /> change request. <br /> • LOCATION <br /> The properties proposed to be rezoned to "Mineral Excavation Overlay" <br /> include parts of Sections 2, 3, 4, 9, 10, 11, 15, 16, 17, 21, and 22; all in <br /> Township 33, Range 26, Sherburne County, Minnesota. A complete legal <br /> description is available upon request. Map "A" attached to this memo, shows <br /> the location of the parcels where the property owners requested to be part of <br /> this rezoning. <br /> ANALYSIS <br /> With an overlay district, the underlying zoning and the rights that go along <br /> with that zoning designation remain in effect. The parcels involved with this <br /> request are currently zoned Al, R1A, and I2. An amendment to the land use <br /> map will not be necessary. <br /> The "Mineral Excavation Overlay District" will put future purchasers of <br /> property in this area and surrounding areas on notice of the intent of these <br /> property owners to mine gravel deposits. It does not give anyone the right to <br /> mine, however. Along with the zone change, each parcel will be looked at on <br /> a case by case basis through the Conditional Use process. A license for <br /> • mineral excavation must also be obtained. There are many factors that must <br /> P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 <br />