HomeMy WebLinkAbout7.d. Mineral Extraction Zoning Text AmendmentCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: February 19, 1991
AGENDA ITEM: ZONING TEXT AMENDMENT -
AGENDA SECTION:
MINERAL EXTRACTION
OLD BUSINESS
PREPARED BY: MICHAEL WOZNIAK, AICP
AGENDI
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CITY PLANNER
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ATTACHMENTS: ORDINANCE B-9, Copy of Section
APPROVED BY-.-,),
6.1 and Section 14.8 Zoning Ord., Staff Memo
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This Zoning Text Amendment proposed to amend Zoning Ordinance requirements
regarding mineral extraction was previously considered by City Council in
September of 1990. See attached staff memorandum for a detailed
explanation of the proposed amendment.
RECOMMENDED ACTION: Motion to adopt Ordinance B-11, AN ORDINANCE
AMENDING ORDINANCE B, CITY OF ROSEMOUNT,
ZONING ORDINANCE.
COUNCIL ACTION:
Adopted ordinance.
FROM:
DATE:
SUBJ:
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osernouni
P.O. BOX 510
2875 -145TH ST. W.
ROSEMOUNT. MINNESOTA 55068
612-423-4411
MAYOR NAPPER, COUNCIL MEMBERS: KLASSEN, OXBOROUGH, WILLCOX
& WIPPERMAN; AND, CITY ADMINISTRATOR JILK
MICHAEL WOZNIAK, AICP, CITY PLANNER
FEBRUARY 13, 1991
FEBRUARY 19, 1991 - REGULAR MEETING REVIEWS
ZONING TEXT AMENDMENT - MINERAL EXTRACTION
Mr. Otto Ped, 4992 145th Street East, has petitioned the City To
consider an amendment to the Zoning Ordinance Text to allow Mineral
Extraction as a permitted use in the Agriculture District.
City Council held a public hearing to consider this item on
September 18, 1990. At that meeting City Council considered an
amendment which would have permitted Mineral Extraction in the
Agriculture District on properties situated east of State Trunk
Highway 52, subject to the requirements of Section 14.8 (Mineral
Permit Requirements). At that meeting a motion to approve the
zoning text amendment failed to carry. Discussion which entailed
suggested that City Council would be willing to entertain a
modified zoning amendment which would further restrict the extent
of agricultural properties which could be utilized for mining.
Council also indicated an interest in seeing more specific phasing
requirements to limit the amount of property within a mining
operation which could be excavated during a permit period.
Since the September meeting staff has worked with the applicant in
devising an alternative amendment which would be mutually
acceptable. Attached with this review is Ordinance B-11, which
would amend the zoning ordinance to permit mineral extraction in
the agriculture district with restrictions.
Changes to two sections of the Zoning Ordinance are being proposed.
First, Section 6.1 (District Use Regulations - Agriculture
District) would be amended to recognize as a permitted use:
Mineral Extraction, only on properties situated east of Highway 52
and within one half (1/2) mile of County Highway 42, subject to
requirements of Section 14.8 (mineral extract permit requirements).
Attached with this review is a map which would indicate the extend
of this mining overlay district.
Secondly, Section 14.8 of the Zoning Ordinance is proposed to be
modified by adding new provisions to regulate the phasing of a
mining operation. Sub -section D., would be modified to include a
new paragraph 4., which would place specific restrictions of mining
operations larger than 15 acres (see attached Ordinance B-11,
additional paragraph is highlighted). The affect of this new
paragraph is to limit the size of an individual phase of a mining
operation to 15 acres. A minimum of 70% of the first phase on a
mining operation would have to be rehabilitated before a mineral
extraction permit would be issued to allow mining in the second
phase, as so on as so forth, depending on the number of phases
involved in the operation. The amendment would not allow a mineral
extraction permit to allow mining in more than two phases of an
operation at a time. Further, it would restrict total area to be
excavated within the duration of any single permit to 19.5 acres.
Council should be cognizant of the fact that these restrictions
would apply to all new mining operations.
CITY OF ROSEMOUNT
ORDINANCE NO. B-11
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOWS:
c. No mineral extraction permit shall authorize extraction operations to be conducted
in more than two phases of an extraction operation concurrently.
d. No mineral extraction permit shall authorize extraction to be conducted on more
than nineteen and one half (19.5) acres.
5. Fencing. During excavation operations, access to any area where collections of water
t are one and one-half (Ih) steeper than one (1) foot vertical to one and one-half (1'l:)
1 be controlled by a fence erected and maintained around the entire site or portions
thereof and shall be a type specified by the Council.
6. Appearance and Screening.
a. All m: chinery shall be kept operational
SECTION 1. Section 6.1 (District Use Regulation - Agriculture District) of Ordinance
B - City of Rosemount Zoning Ordinance is amended by adding the follo\ving paragraph to sub-
section B. (Uses Permitted by Right):
9. Mineral Extraction only east of State Trunk Highway 52 on properties situated
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within one-half (1/2) mile of County State Aid Highway 42 and subject to
requirements of Section 14.8.
SECTION 2. Section 14.8 (Mineral Extraction) Sub -section D., of Ordinance. B - City
of Rosemount Zoning Ordinance is amended to read as follows:
D. Standards. The following standards shall apply to all extraction operations:
1. Boundary. Extraction operations shall be conducted within the confines of the
excavation site described in the application.
2. Access. Extraction operations shall only be allowed on sites which have direct access
to either a principal arterial, minor arterial or to a collector street as designated in the
City of Rosemount Comprehensive Guide Plan.
3. Prohibited Areas. Extraction operations shall not be conducted within the following:
a. Five (5) feet of the right-of-way of an existing public utility.
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b. Thirty (30) feet of the boundary of an adjoining property which is not being used
for extraction operations.
c. Twenty-five (25) feet of the right-of-way of a public street or highway.
4. Phasing of Operations. Extraction operations to be conducted on a site larger than
fifteen acres shall be subject to the following requirements:
a. A phasing plan must be prepared which limits operations to a maximum area of
15 acres per phase of operations.
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b. A Mineral Extraction permit for the first phase of an extraction operation shall be
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limited to a maximum area of fifteen (15) acres. An extraction permit for phase
or subsequent of a mineral
100
J I'
phases extraction operation shall not be issued until
at least
seventy (70%) percent of the previous phase of operations has been
rehabilitated according to an approved comprehensive rehabilitation plan.
c. No mineral extraction permit shall authorize extraction operations to be conducted
in more than two phases of an extraction operation concurrently.
d. No mineral extraction permit shall authorize extraction to be conducted on more
than nineteen and one half (19.5) acres.
5. Fencing. During excavation operations, access to any area where collections of water
t are one and one-half (Ih) steeper than one (1) foot vertical to one and one-half (1'l:)
1 be controlled by a fence erected and maintained around the entire site or portions
thereof and shall be a type specified by the Council.
6. Appearance and Screening.
a. All m: chinery shall be kept operational
b. Abandoned machinery and rubbish shall be promptly removed from the excavation
site.
c. Within three (3) months after the termination of excavation operations or within
three (3) months after the expiration of the extraction permit provided by this
Ordinance, the applicant or owner shall dismantle buildings and structures incident
to excavation operations and shall grade the excavation site as well as complete all
rehabilitation on the site as provided by the rehabilitation plan.
d. When required, the perimeter of the excavation site shall be planted or otherwise
screened.
e. Existing tree and ground cover shall be preserved to the maximum extent feasible,
maintained or supplemented by selective cutting, transplanting and replanting of trees,
shrubs and other ground cover along all setback areas.
7. Excavation Operating Standards.
a. Noise. Maximum noise level at the perimeter of the excavation site shall comply
with the limits or standards established by the Minnesota Pollution Control Agency
and the United States Environmental Protection Agency.
b. Hours. All excavation operations shall be conducted between 7:00 a.m. and 7:00
p.m., Monday through Saturday only. The City Council may restrict excavation,
processing or related operations on legal holidays if such activities cause noise or
other disturbances offensive to adjacent property owners.
c. Explosives. The use and handling of explosives at the excavation site shall be
coordinated with the Police Department. Blasting shall occur only at hours specified
in the extraction permit.
d. Fugitive Dust. Excavation operators shall use all practical means to reduce the
amount of fugitive dust generated by excavation operations. In any event, the amount
of dust or other particulate matter generated by the excavation shall not exceed air
pollution standards established by the Minnesota Pollution Control Agency.
e. Water Pollution. Excavation operators shall comply with all applicable Minnesota
Pollution Control Agency and Department of Natural Resources regulations and all
applicable United States Environmental Protection Agency regulations for the
protection of water quality. No waste products or processed residue, including
untreated wash water, shall be deposited in any public waters of the State of
Minnesota.
f. Topsoil Preservation. All topsoil shall be retained at the excavation site until the
completion of rehabilitation work in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations. During the entire period of operations, all
excavations other than the working face, shall be sloped on all sides to a maximum
ratio of one (1) foot horizontal to one (1) foot vertical, unless a steeper slope is
approved by the City. Where excavations are adjacent to a public roadway or other
right-of-way, the excavation shall have a maximum slope of four (4) feet horizontal
to one (1) foot vertical. Slopes adjacent to waterways shall not exceed six (6) feet
horizontal to one (1) foot vertical.
h. Equipment. All equipment and machinery shall be operated and maintained in such
a manner as to minimize dust, noise and vibration. Power drives or power -producing
machines shall not be housed or operated less than one thousand (1,000) fc:,t from
a residential use. Access roads shall be maintained in dust -free condition by surfacing
or other treatment as may be specified by the city engineer.
i. Processing. Crushing, washing and refining, or other similar processing may be
authorized by the Council as an accessory use, provided, however, that such accessory
processing shall not be in conflict with the use regulations of the district in which the
operation is located.
j. Council Waiver. The Council, at the time of issuance of the extraction permit, may
waive or modify any of the provisions in this Section or impose additional
requirements if it finds that the plan of operation or other materials submitted with
the application or other factors make appropriate more suitable measures for
standards consistent with the public health, safety and welfare.
SECTION 3. This ordinance shall be effective immediately upon its passage and publication.
ADOPTED this day of , 1991.
ATTEST:
Susan M. Johnson, City Clerk
CITY OF ROSEMOUNT
Vernon J. Napper, Mayor
Published in the Dakota County Tribune this day of , 1990.
EXISTING SECTION 6.1
G. Boundaries indicated as approximately following the center line of streams, rivers, canals
or other bodies of water shall be construed to follow such center lines.
H. Where the application of the aforesaid rules leaves a reasonable doubt as to the
boundaries between two (2) districts, the regulations of the more restrictive district shall
govern the entire parcel in question, unless otherwise determined by the Board of Appeals
and Adjustments.
SECTION 6 DISTRICT USE REGULATIONS
SECTION 6.1 AG AGRICULTURAL DISTRICT
A. Purpose and Intent. This district is primarily established to encourage the long term
continuation of agricultural and related uses in the City in areas which are both suitable
for agriculture and are not planned for urban development until after the turn of the
century.
B. Uses Permitted by Right
1. Agriculture, accessory and related uses.
2. Commercial greenhouses and landscape nurseries.
3. Home occupations subject to requirements established in Section 4.16 of this
Ordinance.
4. Veterinary clinics. kennels and furbearing animals provided as follows:
a. The site shall be not less than twenty (20) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
5. The keevinQ of horses provided as follows:
a. The site shall be not less than five (5) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines, and
c. The maximum number of horses shall not exceed one (1) per two (2) acres.
6. The raising or keeping of commercial livestock and fowl (cattle, sheep, hogs, poultry,
etc.), dairy farming and commercial horse stables provided as follows:
a. The site shall not be less than twenty (20) acres in size, and
b. All structures shall be located a minimum of seventy five (75) feet from all
residential property lines.
7. Stands for the sale of agricultural products provided said products are at least in part
raised on the premises.
8. Single-family detached dwellings and accessory structures provided all dwellings shall
meet all site dimensional standards as established by Section 7.1 and the City's
minimum requirements for on-site sewer systems.
SECTION 6.2 AG -P AGRICULTURAL PRESERVE DISTRICTS
A. Purpose and Intent This district is expressly established to allow land owners to comply
with the requirements of the Metropolitan Area Agricultural Preserves Act, Minnesota
Statutes, Chapter 473H.
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EXISTING SECTION 14.8
C. Required Conditions
1. All disturbed areas must be resodded or reseeded with recommended ground cover
as soon as practicable.
2. A soil erosion control plan may be required with an application and will serve as a
condition of the permit issuance.
3. Finished grades shall not exceed a four to one (4:1) ratio, unless existing conditions
warrant an exception.
4. Finished grades shall not affect the course of natural or pre -constructed drainage
ways to the extent that results in an increase in the rate of quantity or the relocation
of runoff onto adjacent properties.
5. No alterations shall be permitted on designated wetlands, recorded easements or public
right-of-way without the expressed written consent of the City Council and/or other
affected jurisdictions.
6. Excavations involving the removal of more than 10,000 cubic yards of material shall
require a mining permit.
SECTION 14.8 MINERAL EXTRACTION
A. Permit Required. It shall be unlawful for any person, firm or corporation to remove,
store or excavate rock, sand, gravel, clay, silt or other like material in the City, or to fill
or raise the existing surface grades, without receiving a permit for mineral extraction.
Such permits may only be issued in the zoning district when mineral extraction is listed
as a permitted use with special restrictions. Furthermore, mineral extraction shall not
be allowed in that portion of Rosemount located west of Akron Avenue, so as not to
interfere with the orderly growth and expansion of public utilities.
B. Exceptions. An extraction permit shall not be required for any of the following:
1. Excavation for a foundation, cellar or basement of a building if a building permit has
been issued.
2. Excavation by State, County or City authorities in connection with construction or
maintenance of _roads, highways or utilities.
3. Curb cuts, utility hook-ups or street openings for which another permit has been issued
by the City.
4. Excavation less than one hundred (100) square feet in area or one (1) foot in depth.
5. Excavation or grading for agricultural purposes.
C. Extraction Permit Application Requirements. Application for the extraction permit shall
be made in writing in the form specified by the City. The application shall contain the
following information:
1. The correct legal description of the land upon which excavation is proposed.
2. The name and address of the applicant, the owner of the land and the person or
corporation conducting the actual removal operation.
3. The names and addresses of all adjacent land owners within 250 feet.
4. The purpose of the proposed excavation.
5. The estimated time required to complete the proposed excavation and rehabilitation.
6. The names of the highways, streets or other public roadways within the City upon
which the material shall be transported.
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7. Specifications for the following using appropriate maps, photographs and surveys:
a. The physical relationship of the proposed excavation site to the community and
existing community development.
b. Site analysis information such as trees, depth of topsoil, adjacent and on-site
buildings and land uses, flood levels, watercourses and elevation and percent slope
within one hundred (100) feet beyond the perimeter of the site.
c. The estimated quantity of materials to be excavated.
d. The depth of water tables throughout the proposed excavation site.
e. The average thickness of overburden on the proposed excavation site.
8. The plan of operation, including processing, if any, the type of resources of materials
to be removed, the nature of the processing and equipment, location of the processing
plant, sources of water, disposal of water, reuse of water and the use of explosives.
9. Plans for drainage, wind and water erosion control, sedimentation and dust control,
maintenance of security on the proposed excavation site, control of access to open
excavation and control of weeds and unsightly vegetation.
10. A comprehensive rehabilitation plan showing suitable provisions for reclamation and
rehabilitation of the excavated area to a usable condition compatible with the adjacent
land such that it will now become a health or safety hazard or a nuisance. Such plan
shall, as a minimum, include anticipated final elevations, slopes and plans for the
return of subsoil and topsoil. Where the Council deems practical and necessary, such
plan shall also include adjoining related areas where excavations have previously been
made which remain under the control of the applicant or the owner of the land on
which the excavation is proposed.
D. Standards. The following standards shall apply to all extraction operations:
1. Boundary. Extraction operations shall be conducted within the confines of the
excavation site described in the application—.-------------- - -- ---
2. Access. Extraction operations shall only be allowed on sites which have direct access
to either a -principal arterial, minor arterial or to a collector street as designated in the
City of Rosemount Comprehensive Guide Plan.
3. Prohibited Areas. Extraction operations shall not be conducted within the following:
a. Five (5) feet of the right-of-way of an existing public utility.
b. Thirty (30) feet of the boundary of an adjoining property which is not being used
for extraction operations.
c. Twenty-five (25) feet of the right -of -„gay of a public street or highway.
4. Fencin . During excavation operations, access to any area where collections of water
are one and one-half (12) steeper than one (1) foot vertical to one and one-half (11-2)
be controlled by a fence erected and maintained around the entire site or portions
thereof and shall be a type specified by the Council.
5. Appearance and Screening.
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be promptly removed from the excavation
site.
53
c. Within three (3) months after the termination of excavation operations or within
three (3) months after the expiration of the extraction permit provided by this
Ordinance, the applicant or owner shall dismantle buildings and structures incident
to excavation operations and shall grade the excavation site as well as complete all
rehabilitation on the site as provided by the rehabilitation plan.
d. When required, the perimeter of the excavation site shall be planted or otherwise
screened.
e. Existing tree and ground cover shall be preserved to the maximum extent feasible,
maintained or supplemented by selective cutting, transplanting and replanting of
trees, shrubs and other ground cover along all setback areas.
6. Excavation Operating Standards.
a. Noise. Maximum noise level at the perimeter of the excavation site shall comply
with the limits or standards established by the Minnesota Pollution Control Agency
and the United States Environmental Protection Agency.
b. Hours. All excavation operations shall be conducted between 7:00 a.m. and 7:00
p.m., Monday through Saturday only. The City Council may restrict excavation,
processing or related operations on legal holida},s if such activities cause noise or
other disturbances offensive to adjacent property owners.
c. Explosives. The use and handling of explosives at the excavation site shall be
coordinated with the Police Department. Blasting shall occur only at hours specified
in the extraction permit.
d. Fugitive Dust. Excavation operators shall use all practical means to reduce the
amount of fugitive dust generated by excavation operations. In any event, the
amount of dust or other particulate matter generated by the excavation shall not
exceed air pollution standards established by the Minnesota Pollution Control
Agency.
e. Water Pollution. Excavation operators shall comply with all applicable Minnesota
Pollution Control Agency and Department of Natural Resources regulations and all
applicable United States Environmental Protection Agency regulations for the
protection of water quality. No waste products or processed residue, including
untreated wash water, shall be deposited in any public waters of the State of
Minnesota.
f. Topsoil Preservation. All topsoil shall be retained at the excavation site until the
completion of rehabilitation work in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations. During the entire period of operations, all
excavations other than the working face, shall be sloped on all sides to a maximum
ratio of one (1) foot horizontal to one (1) foot vertical, unless a steeper slope is
approved by the City. Where excavations are adjacent to a public roadway or other
right-of-way, the excavation shall have a maximum slope of four (4) feet horizontal
to one (1) foot vertical. Slopes adjacent to waterways shall not exceed six (6) feet
horizontal to one (1) foot vertical.
h. Equipment. All equipment and machinery shall be operated and maintained in such
a manner as to minimize dust, noise and vibration. Power drives or power -
producing machines shall not be housed or operated less than one thousand (1;000)
feet from a residential use. Access roads shall be maintained in dust -free condition
by surfacing or other treatment as may be specified by the city engineer.
i. Processing. Crushing, washing and refining, or other similar processing may be
authorized by the Council as an accessory use, provided, however, that such
accessory processing shall not be in conflict with the use regulations of the district
in which the operation is located.
54
Council Waiver. The Council, at the time of issuance of the extraction permit,
may waive or modify any of the provisions in this Section or impose additional
requirements if it finds that the plan of operation or other materials submitted with
the application or other factors make appropriate more suitable measures for
standards consistent with the public health, safety and welfare.
E. Si3eeial Requirements The Council, as a prerequisite to the issuance of an extraction
permit, or after an extraction permit has been granted, may require the applicant or
owner of the premises to:
1. Reimburse the City for the cost of periodic inspections for the purpose of determining
that the provisions of the extraction permit and this Ordinance are being followed.
2. Submit to Council a detailed map of the streets on which the material removed shall
be transported (haul roads). The City shall inspect the haul roads proposed to be
used by the applicant or owner and shall recommend to the Council necessary
upgrading or repairing of the haul roads prior to their use by the applicant or owner.
The Council shall designate the haul roads and shall incorporate the recommendations
of the responsible City officials in the extraction permit issued to the applicant. It
shall be the responsibility of the applicant or owner to maintain the haul roads in
accordance with the provisions set forth in the permit. The City shall periodically
inspect haul roads to insure compliance with the permit. During the period of or upon
completion of the excavation operations, the applicant or owner shall make anv
necessary repairs to the haul roads as recommended by the City. All costs of
inspection provided for in this paragraph shall be borne by the applicant or owner.
The use of the haul roads shall be further subject to any road and weight restrictions
imposed by die City.
3. Submit annually in writing to the Council the estimated quantity of minerals to be
excavated. If the quantity of minerals to be excavated is for any reason likely to
exceed the original estimate herein required, the applicant or owner shall notify the
Council of the change in estimated quantity.
4. Comply with such other requirements as the Council shall from time to time deem
proper and necessary for the protection of its citizens and the general welfare.
F. Inspections The City may inspect all excavation sites where an extraction permit has
been issued. The operator or owner of any excavation operation found in violation of
the requirements of this ordinance or its extraction permit shall remedy such violations
within the time specified by written notice from the City.
G. Duration of Extraction Permit The excavation license shall run from January 1 through
December 31 of the same year or for a lesser period of time as the Council may specify
at the time of issuance of the extraction permit. If the extraction permit is to run for less
than a full year, the fee shall be prorated as determined by the Council.
H. Exrtraction Permit Fee The applicant or owner of the premises on which the excavation
operation is located shall annually submit to the Council written estimates of:
1. The total area of the mineral extraction operation (expressed in acres) to be actively
mined during the forthcoming year; and
2. The total area for which an extraction permit permitting mineral, extraction operations
has been granted (expressed in acres) which will not be actively mined in the
forthcoming year.
The Council shall, by Resolution, establish an annual per acre permit fee.
55
I. Surely Bond The Council shall require the applicant or owner of the premises on which
the excavation operation is located to post a surety bond with a surety acceptable to the
City, cash escrow or letter of credit ("security") in an amount determined by the City
Council, running to the City, conditioned to pay the City the extraordinary cost and
expense of repairing any streets where such repair work is made necessary by the special
burden resulting from hauling and travel, and removing material from any pit or
excavation, and conducting required rehabilitation and conditioned further to comply with
all the requirements of this ordinance and the particular extraction permit, and to pay any
expense the City may incur by reason of doing anything required to be done by any
applicant to whom a permit is issued. The security shall remain in full force and effect
for a minimum period of one (1) year after expiration of the extraction permit to
guarantee the required rehabilitation as well as the other requirements herein provided.
SECTION 14.9 RECYCLING OPERATIONS
A. Permit Required It shall be unlawful for any person, firm or corporation to establish
or expand, in any way, a recycling operation without first receiving a permit from the
City. Such permit may only be issued in a zoning district where such use is listed as a
permitted use.
B. Permit Application Requirements Application for a permit shall be made in writing in
the form specified by the City and shall contain the following information:
1. The correct legal description of the land.
2. The name and address of the applicant and the owner of the land if different from
the applicant.
3. Maps, photographs and surveys illustrating the relationship of the site to the
community and surrounding properties and existing site conditions including vegetation,
surface waters and topography.
4. A description of the operation as regards the sales of parts and the use of cutting,
compressing and packaging equipment.
-- - - 5. A site plan, to scale, showing the location and intended use of all structures, storage
areas, driveways, parking and equipment.
C. Development and Operating Standards
1. The site shall be a minimum of five (5) acres in size.
2. A solid wall or fence at least eight (8) feet in height shall be provided around the
entire perimeter of the site to screen said site from public streets and surrounding
property. Such fence shall be of sound construction and shall be properly maintained.
3. All activities shall be confined within the fenced -in area. There shall be no stacking
of material above the height of the fence or wall except that equipment used on the
site may exceed the wall or fence height. No equipment, material, signs or lighting
shall be used or stored outside the fenced area. There shall be no storage of materials
within semi -trailer units or other vehicles which would extend above the height of the
fence.
4. All equipment used in industrial processes, including that used for cutting, compressing
or packaging, shall be within a completely enclosed building.
5. The fenced area shall be set back at least two hundred (200) feet from any street and
the area within front or street side yards shall be planted with trees, grass and shrubs
in accordance with Section 8.3.
56
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32
CITY OF ROSEMOUNT
ORDINANCE NO. B-11
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION 1. Section 6.1 (District Use Regulation - Agriculture District) of Ordinance
B - City of Rosemount Zoning Ordinance is amended by adding the following paragraph to sub-
section B. (Uses Permitted by Right):
9. Mineral Extraction only east of State Trunk Highway 52 on properties situated
within one-half (1/2) mile of County State Aid Highway 42 and subject to
requirements of Section 14.8.
SECTION 2. Section 14.8 (Mineral Extraction) Sub -section D., of Ordinance B - City
of Rosemount Zoning Ordinance is amended to read as follows:
D. Standards. The following standards shall apply to all extraction operations:
1. Boundary. Extraction operations shall be conducted within the confines of the
excavation site described in the application.
2. Access. Extraction operations shall only be allowed on sites which have direct access
to either a principal arterial, minor arterial or to a collector street as designated in the
City of Rosemount Comprehensive Guide Plan.
3. Prohibited Areas. Extraction operations shall not be conducted within the following:
a. Five (5) feet of the right-of-way of an existing public utility.
b. Thirty (30) feet of the boundary of an adjoining property which is not being used
for extraction operations.
c. Twenty-five (25) feet of the right-of-way of a public street or highway.
4. Phasing of Operations. Extraction operations to be conducted on a site larger than
fifteen acres shall be subject to the following requirements:
a. A phasing plan must be prepared which limits operations to a maximum area of
15 acres per phase of operations.
b. A Mineral Extraction permit for the first phase of an extraction operation shall be
limited to a maximum area of fifteen (15) acres. An extraction permit for phase
two or subsequent phases of a mineral extraction operation shall not be issued until
at least seventy (70%) percent of the previous phase of operations has been
rehabilitated according to an approved comprehensive rehabilitation plan.
c. No mineral extraction permit shall authorize extraction operations to be conducted
in more than two phases of an extraction operation concurrently.
d. No mineral extraction permit shall authorize extraction to be conducted on more
than nineteen and one half (19.5) acres.
5. Fencing. During excavation operations, access to any area where collections of water
r are one and one-half (111:) steeper than one (1) foot vertical to one and one-half (11/:)
be controlled by a fence erected and maintained around the entire site or portions
thereof and shall be a type specified by the Council.
6. Appearance and Screening.
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be promptly removed from the excavation
site.
c. Within three (3) months after the termination of excavation operations or within
three (3) months after the expiration of the extraction permit provided by this
Ordinance, the applicant or owner shall dismantle buildings and structures incident
to excavation operations and shall grade the excavation site as well as complete all
rehabilitation on the site as provided by the rehabilitation plan.
d. When required, the perimeter of the excavation site shall be planted or otherwise
screened.
e. Existing tree and ground cover shall be preserved to the maximum extent feasible,
maintained or supplemented by selective cutting, transplanting and replanting of trees,
shrubs and other ground cover along all setback areas.
7. Excavation Operating Standards.
a. Noise. Maximum noise level at the perimeter of the excavation site shall comply
with the limits or standards established by the Minnesota Pollution Control Agency
and the United States Environmental Protection Agency.
b. Hours. All excavation operations shall be conducted between 7:00 a.m. and 7:00
p.m., Monday through Saturday only. The City Council may restrict excavation,
processing or related operations on legal holidays if such activities cause noise or
other disturbances offensive to adjacent property owners.
c. Explosives. The use and handling of explosives at the excavation site shall be
coordinated with the Police Department. Blasting shall occur only at hours specified
in the extraction permit.
d. Fugitive Dust. Excavation operators shall use all practical means to reduce the
amount of fugitive dust generated by excavation operations. In any event, the amount
of dust or other particulate matter generated by the excavation shall not exceed air
pollution standards established by the Minnesota Pollution Control Agency.
e. Water Pollution. Excavation operators shall comply with all applicable Minnesota
Pollution Control Agency and Department of Natural Resources regulations and all
applicable United States Environmental Protection Agency regulations for the
protection of water quality. No waste products or processed residue, including
untreated wash water, shall be deposited in any public waters of the State of
Minnesota.
L Topsoil Preservation. All topsoil shall be retained at the excavation site until the
completion of rehabilitation work in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations. During the entire period of operations, all
excavations other than the working face, shall be sloped on all sides to a maximum
ratio of one (1) foot horizontal to one (1) foot vertical, unless a steeper slope is
approved by the City. Where excavations are adjacent to a public roadway or other
right-of-way, the excavation shall have a maximum slope of four (4) feet horizontal
to one (1) foot vertical. Slopes adjacent to waterways shall not exceed six (G) feet
horizontal to one (1) foot vertical.
h. Equipment. All equipment and machinery shall be operated and maintained in such
a manner as to minimize dust, noise and vibration. Power drives or power -producing
machines shall not be housed or operated less than one thousand (1,000) feet from
a residential use. Access roads shall be maintained in dust -free condition by surfacing
or other treatment as may be specified by the city engineer.
i. Processing. Crushing, washing and refining, or other similar processing may be
authorized by the Council as an accessory use, provided, however, that such accessory
processing shall not be in conflict with the use regulations of the district in which the
operation is located.
j. Council Waiver. The Council, at the time of issuance of the extraction permit, may
waive or modify any of the provisions in this Section or impose additional
requirements if it finds that the plan of operation or other materials submitted with
the application or other factors make appropriate more suitable measures for
standards consistent with the public health, safety and welfare.
SECTION 3. This ordinance shall be effective immediately upon its passage and publication.
ADOPTED this day of '1991.
ATTEST:
Susan M. Johnson, City Clerk
CITY OF ROSEMOUNT
Vernon J. Napper, Mayor
Published in the Dakota County Tribune this day of , 1990.