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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 ff of F CITY PLANNER ` ATTACHMENTS: ORDINANCE B-9, Copy of Section APPROVED BY-.-,), 6.1 and Section 14.8 Zoning Ord., Staff Memo j 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: �ily o{ 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 �-Qp� // 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. w 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. NCW b. A Mineral Extraction permit for the first phase of an extraction operation shall be r4two 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. 14 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. 52 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 I T v no F Cc�9G^�'U'I PROPOSED TO ALLOW AREA PROP SAND AND GRAVEL MINING C4 130 j 29 CIAH 42 �- IN THE AGRICULTURE DISTRICT ,- L m mffvA mvw " sow" = ow-rrsan 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.