LEGALS: PUBLIC NOTICE OF ADOPTING ORDINANCE 12, RESOLUTION 12-18
Tuesday, March 27, 2012 6:14 AM
The Houston County Board of Commissioners, at a meeting held March 20, 2012, approved the following resolution, thereby adopting Ordinance No. 12:
Ordinance No. 12
Whereas, Houston County recognizes significant public interest and concern over the proliferation of silica sand mines and related processing and transportation facilities proposed in Houston County; and
Whereas, the Houston County Board desires to act on any conditional use permit applications consistently with the purpose and intent of the Houston County Zoning Ordinance; and
Whereas, the uses proposed in conditional use permit applications for silica sand mining operations and related processing and transportation facilities may create an excessive burden on the County's infrastructure and may affect the public health, safety and general welfare; and
Whereas, further study is required to ensure consistency with the Houston County Zoning Ordinance and Comprehensive Plan to provide a thorough analysis of potential impacts on road and infrastructure maintenance and the affect on public services, public health, safety and general welfare, generated by silica sand mining operations and supporting uses; and
Whereas, Minnesota Statutes Section 394.34 allows Houston County to adopt a temporary interim Zoning Ordinance for a period of up to 12 months from the date it is effective, to allow for such study and adoption of comprehensive plan, zoning and/or other official land-use controls in order to protect the public health, safety and general welfare.
Now, Therefore May It Be Resolved, that the Houston County Board of Commissioners authorizes a land use planning study for the purpose of reviewing the County Comprehensive Plan and Zoning Ordinance to determine if the above-stated concerns are addressed adequately or if changes and requirements may be necessary in order to protect the public health, safety and general welfare of the public from the negative impacts that may be associated with mining, processing and transportation of silica sand; and,
Be It Further Resolved, the Houston County Board of Commissioners hereby establishes a temporary twelve-month moratorium on the issuance of any conditional use permit for new silica sand mining or accessory uses to allow the above referenced land use planning study to be completed and any recommended changes or requirements to Houston County Plans, Policies or Official Controls to be considered by the Houston County Planning Commission and Houston County Board of Commissioners; and
Be It Further Resolved, the Houston County Board of Commissioners reserves the right to end the moratorium in less than the approved term of the moratorium upon completion the land use planning study and satisfactory resolution of the issues and concerns as determined by the County Board. The County Board also reserves the right to extend the moratorium as authorized by State Law.
Effective Date, This Ordinance shall take effect upon its passage and publication.
Enacted by the Houston County Board of Commissioners, this 20th day of March, 2012.
By: Charlene Meiners
Houston County Auditor