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Agricultural Districts and noted that industrial -type uses such as sand mining were not included <br />in agricultural zoning. <br />Mr. Adair presented a brief analysis of the Agricultural Advisory Committee's <br />unanimous vote to re-classify mines in AG -1, AG -2, and AG -3 to special exception use, as <br />outlined in Recommendation No. 33, "Re-classify mines from an administrative permit to a <br />special exception use." <br />Johnathan Ferguson presented his arguments opposing Recommendation No. 33, <br />and declared that changing a permitted use on a piece of property to a special exception use is <br />taking away property rights, and there is case law where that constitutes a Bert Harris violation. <br />Attorney Collins discussed the legal dictates of the Bert Harris Act. He opined that <br />by changing to a special exception use, you would not be directly restricting or limiting use, you <br />would be changing the process whereby the use is approved; thus it would not give rise to a Bert <br />Harris claim. <br />Ken Godfrey, owner of Godfrey Sand Mine at 13515 101 St., was worried that <br />additional regulations might put a small operator out of business, and that doubling the setback to <br />300 feet might make some pits unusable. <br />Commissioner Wheeler told Mr. Godfrey that his mine was grandfathered in, and <br />this led to discussion by Attorney Collins on whether or not updated BMP's can be imposed on <br />existing applications. <br />Don Simon, residing near 82nd Avenue, wanted the mines re-classified from <br />administrative permit to special exception use; agreed to the importance of having a specific <br />hydrology report for each site; wanted to extend the setback to 300 feet; inquired as to how a <br />17 <br />October 6, 2008 <br />