Public of Resolution No. 6481 Approving Summary of Ord. No. 39

RESOLUTION NO. 6481

A Resolution Approving a

Summary of

Ordinance No. 39, Fourth Series

for Publication

BE IT RESOLVED by the City Council for the City of Red Wing as follows:

1.The City Council hereby approves the following summary of Ordinance No. 39 Fourth Series:

The above referenced Ordinance No. 39, Fourth Series was adopted by the City Council on October 1, 2012 and will go into effect 14 days after its publication. The primary purpose of this ordinance is implement recommendations that were part of a report completed by the Red Wing Advisory Planning Commission and Red Wing Sustainability Commission and approved by the City Council on August 27, 2012 and entitled: Industrial Silica Sand (Frac Sand) Mining Operations Moratorium Report” dated August 22, 2012. The City Council believes that certain zoning regulations should be established by zoning amendment to regulate resource extraction, Silica Sand Processing, and Silica Sand Motor Freight and Warehousing land uses. The following is a list of notable changes made to the City Zoning Ordinance:

Notable Changes in the Ordinance Amendment:

Definitions:The proposed changes to the zoning code in Division 55 require revisions to the definitions in Division 10 to the Heavy Industrial land uses and Motor Freight and Warehousing land uses (10-040, (42) and (55).

District Regulation Changes:Changes to 20-020 eliminates resource extraction in the AR (Agricultural Residential Zoning District. The changes to 35-010 and 35-020 establishes that off-site processing plants for silica sand are only to be allowed in the I-2 (General Industrial Zoning District) with a conditional use permit; and to require a conditional use permit for Motor Freight and Warehousing Operations (Barge, Rail, and Truck Terminal Land Use) related to the transportation of industrial silica sand in the I-1 (Light Industrial District) and the I-2 (General Industrial District).

Open Space Preservation Overlay District:The amendment establishes a new Division 43 – Open Space Preservation Overlay District. This new Division is established to preserve important bluff land and river land that was recognized in need of preservation by the Open Space Preservation Plan, adopted by the City Council as an amendment to the City’s Comprehensive Plan on March 24, 2008. The Division includes the following sections: 43-010 provides a statement of Policy and Administration; 43-020 is a Purpose statement; 43-030 designates certain properties by referring to a map as the Open Space Preservation Overlay District Map Addendum to the City of Red Wing Official Zoning Map; 43-040 relates to Definitions of terms; and 43-050 establishes that Resource Extraction Land Use is prohibited in the designated Open Space Preservation Overlay District. The Open Space Preservation Overlay District Map Addendum is included in the zoning amendment.

Standards that relate to land uses concerning nonmetallic resources:The bulk of the ordinance amendment involves the establishment of new “Special Provisions” in Division 55 of the code. These special provisions include:

55-250 Resource Extraction Activities – special provisions that involve mining and on-site processing. This special provision includes the following sections:

A) Purpose; B) Definitions; C) Resource Extraction Activities Defined; D) Exempted uses and operations; F) Resource Extraction Facility Permit Application Requirements; G) Resource Extraction Facility Permit Application Process; H) Annual Registration Required; I) Security Required; J) Additional Performance Standards for Resource Extraction Facilities; K) Bi-Annual and Annual Reporting; and L) Inspection, Violations, Penalties and Enforcement.

55-260 Heavy Industrial Land Use – Silica Sand Processing that does not include Resource Extraction – special provisions that involve processing plants that are off the site of the mining operation. This special provision includes the following sections:

A) Purpose; B) Definitions; C) Silica Sand Processing Defined; D) Silica Sand Processing Facility Permit Required; E) Silica Sand Processing Facility Permit Application Requirements; F) Silica Sand Processing Permit Application Process; G) Security Required; H) Additional Performance Standards for Silica Sand Processing Facilities; I) Bi-Annual and Annual Reporting; and J) Inspection, Violation, Penalties and Enforcement.

55-270 Silica Sand Motor Freight and Warehousing – special provisions that involves barging, trucking, and rail terminals specific to the transportation of silica sand. This special provision includes the following sections:

A) Purpose; B) Definitions; C) Silica Sand Motor Freight and Warehousing Defined; D) Silica Sand Motor Freight and Warehousing Facility Permit Required; E) Silica Sand Motor Freight and Warehousing Facility Permit Application Requirements; F) Silica Sand Motor Freight and Warehousing Facility Permit Application Process; G) Security Required; H) Additional Performance Standards for Silica Sand Motor Freight and Warehousing Facilities; I) Bi-Annual and Annual Reporting; and J) Inspection, Violations, Penalties and Enforcement.

2.The Council further determines that publication of a summary of Ordinance No. 39, Fourth Series would clearly inform the public of the intent and effect of the Ordinance.

3.Accordingly the Council hereby resolves and directs that:

a.Only this summary of Ordinance No. 39, Fourth Series shall be published, along with notice that a printed copy of the Ordinance is available for inspection by any person;

b.A full and complete copy of the entire text of the Ordinance is available for inspection at the City Clerk’s office at City Hall, 315 West 4th Street in Red Wing. A full and complete copy of the entire text of the Ordinance shall be posted in the community library between October 12, 2012 and November 16, 2012.

Adopted this 1st day of October 2012.

/s/ Ralph Rauterkus

Ralph Rauterkus, Council President

ATTEST:

/s/ Kathy Seymour Johnson

Kathy Seymour Johnson, MCMC, City Clerk

(seal)

Presented to the Mayor at 8:18 a.m. on this 1st day of October, 2012.

Approved this 1st day of October, 2012.

/s/ Dennis Egan

Dennis Egan, Honorable Mayor

(Oct. 3)

Tags: public notices, general legals