The URL can be used to link to this page

Home My WebLink About6.a. Reconsideration of Zoning Text Amendment - Mineral Extraction , . CITY OF ROSEMOUNT � ° EXECUTIVE SUI�II�IARY FOR ACTION CITY COUNCIL MEETING DATE: November 6, 1990 AGENDA ITEM: ZONING TEXT AMENDMENT: AGENDA SECTION: MINERAL EXTR.ACTION - RECONSIDERATION OLD BUSINESS PREPARED BY: Michael A. Wozniak, AICP AGENDA Nt��n/� � �� ve ATTACF�IENTS: Planner's Review for Sept. 18th APPROVED BY: �;� Public Hearing, Copy of Ordinanee #B-10 This item was considered by the Council following a public hearing held at the September 18th meeting. A motion was made to approve the amendment at that meeting; however, the motion failed to carry with a two for and two against vote with Council Member Wippermann absent from the meeting. Four votes in favor are necessary for approval of a Zoning Text Amendment. As a dissenting voter Mayor Napper has requested to bring this item up for reconsideration at this meeting. ___ For background_ information on this Zoning Text Amendment a copy of the Council Review `originally prepared for this item has been attached with this Executive Summary. Based upon the review and xecommendation of the Planning Commission, the recommended action for the City Council to consider is adoption of the zoning amendment. RECONII�IENDED ACTION: Motion to adopt Ordinance B-10, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT, ZONING ORDINANCE. COUNC�L �iCTION: Motion to adopt Ordinance B-10 failed. Ayes : Oxborough, Willcox Nayes : Wippermann, Klassen, Napper # s CITY OF ROSEMOUNT � ORDINANCE NO. B-10 j , '' 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 Perrnitted by Right): 9. Mineral E�ctraction only east of State Trunk Highway 52 and subject to rec�uirements of Section 14.8. SECTION 2. This ordinance shall be effective unmediately upon its passage and publication. ADOPTED this 6th day of November, 1990. _ CITY OF ROSEMOUNT___ Vernon J. Napper, Mayor ATTEST: Susan M. Johnson, City Clerk Published in the Dakota County Tribune this day of . 1990. ; � ; � � � A+ t . . . � . . . . . � � . .. . . . . a CITY OF ROSEMCUNT • E%ECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: September 18, 1990 AGENDA ITEM: ZONING TEXT AMENDMENT - AGENDA SECTION: MINERAL EXTRACTION PUBLIC HEARINGS ` PREPARED BY: Michael Wozniak, AICP AGEND�� City Planner � ATTACHMENTS: Ordinance B-9 , Copy of Section APPROVED BY:^T/��-T- 6 . 1 (Zoning Ordinance) , Public Notice. �� 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 only east of State Trunk Highway 52, subject to requirements of Section 14 . 8 of the Zoning Ordinance. Mr. Ped is pursuing this zoning ordinance text amendment in order to allow a sand and gravel mining operation to be conducted on his property situated on C. S.A.H. 42 approximately 1-< miles east TH 52 . Attached with this Executive Summary is a copy of Ordinance B-9 an amendment to Section 6. 1 of the Zoning Ordinance relating to permitted uses in the Agriculture District, Also attached is...a copg of _the public notice for this item.which- . was published and mailed to all owners of Agriculture zoned property east of TH 52 . The City Council discussed this issue at its August 7th meeting and ..:.�oncluded that it did not object to sand �nd gravel mining taking place on 2r. Ped' s property. If excavation could not be completed during one construction season, however, it should be required that the sand and gravel removal be regulated by mear.s of a Mineral Extraction Perm�.t. The City Council reached consensus that it would be willing to consider an amendment to the Zoning OrdinancE text to allow sand and gravel m�ning by permit on Agricultural zoned property, situated east of State Trunk Highway _52, subject to requirements of Section 14 . 8 ( Mineral -Extraction Permit Requirements) . Mr. Ped ?roceeded to request the required zoning text amendment, which was considered by the Planning Com�-nission at its �ugust 28th mee�ing. �t that meeting the Commission recommenaed approval to City Council of the proposed zoning text amendmen�. fiECOi�'l22rfENDED ACTION: Notion to adopt Ordinance B-9 , AI�T ORDINANCE AMENDING ORDINANCE B, CSTY OF ROSEMOUNT, ZONING ORDIIvANCE . � COUNCIL P.C�ION: a . , �--�.� CITY OF ROSEMOUNT ;1 4RDINANCE NO. B-9 .� AI� ORDINANCE AMEIvTDING 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 Trualc Highway 52 and subject to requirements of Section 14.8. SECTION 2. This ordinance shall be effective immediateh� upon iu passage and publication. ADOPTED this 18th day of September, 1990. _ _ CITI' OF ROSEMOLTI�"T � � Vernon J. I�apper, Mayor � ATTEST: � Susan hS. Johnson, Ciri� Clerk Published in the DakoC'r COunri� Tribune this dav of 1990. � r ;� . " G. Boundaries indicated as approximately following the center Iine 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 doub: as to the ; boundaries between two (2) districts, the regulations of the more restrictive d.':st�ict shall govern the entire parcel in questioa, unless otherwise determined by the Board of Appeals and Adjuscments. SECTION 6 DISTRICT USE REGULATIONS SECTION 6.1 AG AGRICULTURAL DISTRICT A. Puroose and Intent. This district is primarily established to encourage the long term contutuation of agsicul[ural and related uses in Lhe Cin� in areas which are both suitable for a�riculcure and are not planned for urban development unul afte; the turn of the centun�. B.� Uses Permitted b�� Rioht l. A�riculture, accessor�� and related uses. 2. Commercial greenhouse� and landscape nurseries. 3. Home occu�ations subject to requirements established in Section 4.16 oi this Ordinance. 4. Veterinar�> clinics. kennels and furbearing aninzals provided as follows a. The site shall be not less than tu�enn� (20) acres in size. �, b. All structures shall be located a minimum o� se�=enn�-fit�e (?�) feet irom all ' ;� residenual propern- lines. ' �. The keepintr oi horses pro�ided as follows a. The site sha11 be not less than fi��e (�) a�res in _ize. b. All structures shall be located a minimum of sevenn�-five (7�) feet from all residential proper�� lines; and c. The maaimum number o` horses sh�l not exceec: one (1) per t��°� (2} acres. 6. The raisir� or keepin� of comrnercial li��esto^k aac fowl (cattle, sheep, hoes; poL:ltry, etc.), dair; fa:min� and commercia] horse stables pro«ded as follo��s: a. The site shal; not be less than tu�enn� (2Q) acres i� size, ar,d b. All structures shal] be loca[ed a mL�i�um of se��eat�� f�ve ��; feet from all residenual prope.t�° lines: %. Stand� in- tne sale of a�ri^ultura� product� oro�idec said p-ocucts are at leas: in pa:t :aised on the premises. 8. SinRie-fa�il�� detached d«�ellin�S and accesso�' struc,ures pro�zded a_l: d�;�ellin�s shall meet ali si�e dimensiona? standaras as estai�lishec b�� Section ?.1 and the Cit,'s mininur� requirements for on-site sew°er svstems. SECTIO?� 6� AG-P .aGRICliLTURg7. PRESER��L DISTRTCTS A. Purpose and Intent This district is expressi�� estabiishe� to alio��' land o«�ners [o compl}' «ith the reouire�enu of t�e Metropoli�an Area A�;i;ultural Presen�es Act, I�4innesota - Statutes. Chapte; �;3H. 1- . ., , � t P.O. BOX 510 V 1�1�� 2875-145TH ST.W. �Ses I'i.�u/�.� ROSEMOUNT. MINNESOTA 55068 ''� 612---423-4411 J AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE PROPOSED ORDINANCE B AMENDMENT AGRICULTURE DISTRICT - MINER.AL EXTRACTION STATE -0F MINNESOTA ) COUNTY OF DAROTA ) ss CITY �F ROSEN40UNT ) ' Susari M. Johnson, being first duly sworn, deposes and says : I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On September �, 1990, acting on behalf of the said City, I posted at the City Hall, 2875 1�"5th Street West, and deposited - - in the United St�tes Post Office, Rosemount, Minnesota, a copy- of the attached notice of a public hearing ior a proposed amendment to Ordinance B - City o� Rosemount Zon�ng Ordinance to allow mineral extraction in the Acrriculture District, enclosed in sealed envelopes , with postage thereon �ully � prepaid, addressed to the persons listed on the ��tached - listings at the addresses listed with their names . There is rielivery service by Uni�ed Sta�es Nai1 between the place of m�iling and the pl�ces so addressed. -.�—�%�.=..r�r�` S�.san N. o son City Cie�k City o� Rosemount Dakota County, Minaesot� Subsc�ibed a d sworn to before me this / � � day of _ ..�1�..�'.� , 19 9 0 . v � � No�G�v Publi� ` °` _ CENRY DOr�Pti�h j �"-'�'tci ti:1TJ3?Y P'J5�'r—�AliAt1��S7TA �� D!',KOTA COUMY �J.. !!.y Camm.6��res Aup.25,1935 S .. . � � � Y . . �� . 1 � 1 ' (�1l O P.O. BOX St0 ` � 28�5-145TH ST. W. O�Qy�AO,u�� ROSEMOUNT. MINNESOTA 55068 ,} G/�'�• 612-423-4411 PUBLIC NOTICE PROPOSED AMENDMENT, ORDINANCE B - ZONING ORDINANCE AGRICULTURE DISTRICT - MZNERAL EXTR.ACTION TO k'HOM ZT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct z public hearing on Tuesday, Septe:nber 18 , 1990, in the Council Chambers of City Hall, 2875 145th Street West, beginning at 8 : 00 p.m. or as soon thereafter as gossible. The purpose of this hearing is to consider an amendment to Ordinance B - Zoning Ordinance, affecting Section 6 (District Use Regulations ) . The proposed amendment would cause Section 6 . 1 , Distr�ct Use Regulations for the Agriculture District to be amended to recognize Mineral Extraction as � permitted use in the Agriculture District, only east of State Trunk Highway 52 and subject to reo�ui�ements o� Section 1�,. 8:_(Ninerai Extraction Permit - - Requirements ) . Currently the `City allows Mineral Extraction �s a �ermitted use only in the General Industrial District . Any questions regarding the proposed Zoning Ordinance Ar;iendment may � be directed to tne City of Rosemount, Com*nunity Developmen� .- Depar�ment, ph. T 423-4411 . SLch persons as desire to be heard with refe-ence to the above item will be heard a�. this meetinr. I 3y Order o� City Council. Dated tnis 5th day oi September, �990 . i � � . . . . �r Li"' � . �:" Sus`an N. Jo_ ns5^, Ci�y Cierk City o� Rosemount Dakota County, 2�innesota �