HomeMy WebLinkAbout2010-06-02 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 6/2/10 ,
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider approving a conditional use permit and grading permit to allow excavation of
approximately 15,000 net cubic yards of earth material at the Mississippi Dunes Golf Links
driving range.
STAFF RECOMMENDATION
Adopt the resolution approving the conditional use permit and grading permit.
BUDGET IMPLICATION $N /A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
DATE
® PLANNING 5/24/10
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
$N /A
N/A
ACTUAL AMOUNT FUNDING SOURCE
REVIEWED
APPROVED
DENIED
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SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from John M. Burbank dated 5/26/10
® RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Excerpt from 5/24/10 Planning Commission Meeting Minutes
ADMINISTRATORS COMMENTS
City Administrator Date
COUNCIL ACTION TAKEN: PPROVED ❑ DENIED ❑ OTHER
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CITY OF COTTAGE GROVE
MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Senior Planner
DATE: May 26, 2010
RE: Mississippi Dunes Golf Links Grading Permit
Proposal
Rumpca Excavating Inc. has submitted a grading permit application to excavate approximately
15,000 net cubic yards of earth materials from 38 acres of land located at the Mississippi Dunes
Golf Links driving range at 6511 — 103rd Street South.
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Location Map
The Planning Commission held the public hearing on this application at their meeting on May
24, 2010. There were no comments received from the public. The Commission unanimously (7-
to -0 vote) recommended approval of the conditional use permit and grading permit applications.
An excerpt from the unapproved meeting minutes is attached.
• •
The landowners of the site have contracted with the applicant to remove the sand and gravel
material to expand the width of the existing driving range. The grading plan proposes the
following:
Honorable Mayor, City Council, and Ryan Schroeder
Mississippi Dunes Golf Links Grading Permit — Case CUP10 -008
May 26, 2010
Page 2 of 3
• Installing erosion control early June 2010.
• Start grading operations in June 2010.
• Starting along the north edge of the existing developed portion of the driving range and
working northward.
• Grading in phases as material outlets are arranged.
• Removing trees and brush in conjunction with the grading phases.
• Stockpiling topsoil materials on -site.
• Loading dirt materials onto trucks and hauling the material off -site.
Grading Plan
A detail of the proposed grading area is attached. Rumpca Excavating's grading limit detail is
included below.
Grading Limits
Honorable Mayor, City Council, and Ryan Schroeder
Mississippi Dunes Golf Links Grading Permit — Case CUP10 -008
May 26, 2010
Page 3 of 3
Grading Operations
The amount of material proposed to be removed is 15,000 net cubic yards of earth materials.
Any amount over 10,000 net cubic yards requires a conditional use permit. Standard drainage
and erosion control measures and practices will be required and followed. There is a designated
wetland on the site that is not in the proposed grading limits. Siltation protection will be required
near the wetland.
Phasing Plan
As outlets for the material are located, the applicant will complete the proposed grading. The
applicant has indicated that grading could continue through 2011. A time limit for the grading
permit is recommended to be set for June 1, 2012.
Grading Plan
Based on the amount of material being removed and a clearly defined grading limit, the City
engineering staff has recommended that a formal grading plan will not be required.
Tree Inventory
A tree inventory is not necessary. This is based on the fact that tree removal on the site is
minimal and will be significantly less than the 50 percent that is permitted without mitigation.
Tree protection of remaining trees will be required.
Future Development
The finished contours of the site will allow for the expansion of the width of the existing driving
range. No additional development is proposed at this time.
South Washington Watershed Review
The South Washington Watershed District was notified about the application.
I: - .ttu-tr,
That the City Council approve the conditional use permit and grading permit as proposed by
Rumpca Excavating, Inc., subject to the conditions listed in the attached draft resolution.
RESOLUTION NO. 2010 -XXX
RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AND
GRADING PERMIT TO ALLOW EXCAVATION OF APPROXIMATELY
15,000 CUBIC YARDS OF SOIL AT THE MISSISSIPPI DUNES GOLF LINKS
DRIVING RANGE AT 6511 —103RD STREET SOUTH
WHEREAS, Rumpca Excavating, on behalf of Mississippi Dunes Golf Links, has applied
for a conditional use permit to excavate approximately 15,000 cubic yards of soil at the
Mississippi Dunes Golf Links driving range, located on property legally described below:
Sect -30 Twp -027 Range -021 PT S1/2 -NE1 /4 COM AT NW COR SD S1/2 OF NE1 /4 THEN E ON
N LINE THEREOF 358 FT TO PT OF BEG THEN S1DEG.8'W 560 FT THEN S81DEG.30
107.5 FT THEN S 76DEG.37'E 261.5 FT THEN N1 DEG.8'E 64
Commonly known as 6511 — 103rd Street South, Cottage Grove, Washington County,
State of Minnesota.
WHEREAS, a public hearing notice was published in the South Washington County
Bulletin on April 14, 2010; and
WHEREAS, public hearing notices were mailed to 26 neighboring property owners on
April 14, 2010; and
WHEREAS, the Planning Commission held the public hearing at their meeting on May
24, 2010. The applicant was present at this hearing. No one spoke for or against the application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage
Grove, Washington County, Minnesota, hereby approves the conditional use permit to excavate
approximately 15,000 cubic yards of soil at the Mississippi Dunes Golf Links driving range,
located on the property legally described above, subject to the following conditions:
1. The conditional use permit will expire on June 1, 2012.
2. National Pollutant Discharge Elimination System (NPDES) permit must be
obtained prior to grading activity.
3. All erosion control measures must be in place prior to grading activity.
4. A preconstruction meeting with City representative must be completed prior to
grading activity.
5. A financial guarantee, in the form of a cash escrow or letter of credit, of 150
percent of erosion control costs, necessary site restoration, and street sweeping
must be posted with the City before a grading permit is issued.
6. The City has the authority to revise the grading permit if on -site conditions or
changing conditions make the original grading permit ineffective. The City may
Resolution No. 2010 -XXX
Page 2 of 3
suspend or revoke a grading permit whenever the permit is issued in error or on
the basis of incorrect information supplied, or is found to be in violation of any
local, state, or federal ordinance or regulation. The City will provide written notice
of the intent to suspend or revoke the permit based upon the above criteria.
7. Finished grades must have a minimum topsoil of at least four inches.
8. All exposed soils resulting from grading activities must be seeded within 10 days
of site grading completion. The City may approve an extension of this deadline,
but in no case shall site restoration be delayed beyond October 1.
9. Any grading which creates erosion or sedimentation problems, flooding, ponding
and /or negatively alters water drainage must be corrected by the land owner or
operator.
10. Temporary basins may be required as part of erosion and sediment control during
construction operations. The duration of the basins is dependent upon the time of
excavation and re- vegetation of the site.
11. Land shall be developed in phases of workable size such that adequate erosion
and sediment control measures can be provided as construction progresses. The
smallest practical area of land can be exposed at any one period of time.
12. For soil stockpiles greater than 10 cubic yards, the toe of the stockpile must be at
least 30 feet from any road or drainage channel. Erosion from stockpiles shall be
controlled by placing appropriate barriers around the pile as necessary to contain
sediments. If these measures do not adequately control the erosion, the piles shall
be stabilized by mulching, vegetative cover, tarps, or other means. Any stockpile
that is intended to be left over winter must have a temporary vegetative cover
established and adequate sediment control measures surrounding its perimeter by
October 31.
13. If required by the City engineer, a temporary rock pad entrance must be installed
at all points where vehicles exit and must be constructed prior to commencement
of grading activity. The rock pad is to be maintained to accommodate continuous
removal of mud from vehicles. The rock pad must meet design criteria, standards,
and specifications found in the MPCA publication "Protecting Water Quality in
Urban Areas."
14. The landowner or operator must sweep 103rd Street as needed to remove any
sediment and /or debris that may accumulate due to vehicles and equipment
entering and exiting the site. The City may require street sweeping within 24 hours
of verbal or written notification. If the street is not swept, the City will clean the
street and bill the owner or operator, as determined by the Public Works Director.
15. Corrective action and landscape restoration for erosion or sedimentation problems
on neighboring properties, or any location other than the permitted site, must
commence within 24 hours of written or verbal notification.
Resolution No. 2010 -XXX
Page 3 of 3
16. Burying organic material or construction debris is prohibited.
17. Site grading activities cannot occur between 7:00 P.M, and 7:00 A.M.
18. The landowner and operator must allow City staff to enter the site to inspect the
erosion and sediment control measures required by the permit.
19. Bituminous /asphalt materials are prohibited from being buried or temporarily
stockpiled on the property.
20. Prior to grading, all trees to be preserved must be field identified and grading limits
cordoned with a suitable barrier such as snow fencing by the applicant and verified
by City staff. The barrier shall be located to coincide to the extent practicable with
the drip line of trees to be preserved.
21. If bedrock removal is required during grading, additional review of the grading
operations by the city will be required.
22. Crushing rock is prohibited.
Passed this 2nd day of June, 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
6.1 Mississippi Dunes Golf Links Grading Permit — Case CUP10 -008
Rumpca Excavating, Inc. has applied for a conditional use permit to allow excavation of
approximately 15,000 cubic yards of soil at the Mississippi Dunes Golf Links driving
range at 6511 — 103rd Street South.
Burbank summarized the staff report and recommended approval subject to the conditions
stipulated in this staff report.
Messick opened the public hearing.
Dennis 111 10351 Grey Cloud Trail, General Manager of Mississippi Dunes Golf Links,
stated he would answer any questions on the proposed project.
No one else spoke. Messick closed the public hearing.
Rambacher made a motion to recommend approval of the conditional use permit and
grading permit subject to the conditions listed below. Poncin seconded.
1. The conditional use permit will expire on June 1, 2012.
2. National Pollutant Discharge Elimination System (NPDES) permit must be ob-
tained prior to grading activity.
3. All erosion control measures must be in place prior to grading activity.
4. A preconstruction meeting with City representative must be completed prior to
grading activity.
5. A financial guarantee, in the form of a cash escrow or letter of credit, of 150
percent of erosion control costs, necessary site restoration, and street
sweeping must be posted with the City before a grading permit is issued.
6. The City has the authority to revise the grading permit if on -site conditions or
changing conditions make the original grading permit ineffective. The City
may suspend or revoke a grading permit whenever the permit is issued in
error or on the basis of incorrect information supplied, or is found to be in
violation of any local, state, or federal ordinance or regulation. The City will
provide written notice of the intent to suspend or revoke the permit based
upon the above criteria.
Excerpt from Planning Commission Minutes
Mississippi Dunes Golf Links Grading Permit — Case CUP10 -008
May 24, 2010
Page 2 of 3
3. All exposed soils resulting from grading activities must be seeded within 10
days of site grading completion. The City may approve an extension of this
deadline, but in no case shall site restoration be delayed beyond October 1.
9. Any grading which creates erosion or sedimentation problems, flooding,
ponding and /or negatively alters water drainage must be corrected by the land
owner or operator.
10. Temporary basins may be required as part of erosion and sediment control
during construction operations. The duration of the basins is dependent upon
the time of excavation and re- vegetation of the site.
11. Land shall be developed in phases of workable size such that adequate ero-
sion and sediment control measures can be provided as construction
progresses. The smallest practical area of land can be exposed at any one
period of time.
12. For soil stockpiles greater than 10 cubic yards, the toe of the stockpile must
be at least 30 feet from any road or drainage channel. Erosion from stockpiles
shall be controlled by placing appropriate barriers around the pile as neces-
sary to contain sediments. if these measures do not adequately control the
erosion, the piles shall be stabilized by mulching, vegetative cover, tarps, or
other means. Any stockpile that is intended to be left over winter must have a
temporary vegetative cover established and adequate sediment control meas-
ures surrounding its perimeter by October 31.
13. If required by the City engineer, a temporary rock pad entrance must be
installed at all points where vehicles exit and must be constructed prior to
commencement of grading activity. The rock pad is to be maintained to ac-
commodate continuous removal of mud from vehicles. The rock pad must
meet design criteria, standards, and specifications found in the MPCA publica-
tion "Protecting Water Quality in Urban Areas."
14. The landowner or operator must sweep 103rd Street as needed to remove any
sediment and /or debris that may accumulate due to vehicles and equipment
entering and exiting the site. The City may require street sweeping within 24
hours of verbal or written notification. If the street is not swept, the City will
clean the street and bill the owner or operator, as determined by the Public
Works Director.
15. Corrective action and landscape restoration for erosion or sedimentation
p on I 1 Y• propert or • 1 other than t perm
c ommence site, must h ours o wr or ti. notification
' r -,Y Y '• M 1'; : �' 1 ' • l� !, j..
Excerpt from Planning Commission Minutes
Mississippi Dunes Golf Links Grading Permit — Case CUP10 -008
May 24, 2010
Page 3 of 3
18. The landowner and operator must allow City staff to enter the site to inspect
the erosion and sediment control measures required by the permit.
19. Bituminous /asphalt materials are prohibited from being buried or temporarily
stockpiled on the property.
20. Prior to grading, all trees to be preserved must be field identified and grading
limits cordoned with a suitable barrier such as snow fencing by the applicant
and verified by City staff. The barrier shall be located to coincide to the extent
practicable with the drip line of trees to be preserved.
21. If bedrock removal is required during grading, additional review of the grading
operations by the city will be required.
22. Crushing rock is prohibited.
Motion passed unanimously (7 -to -0 vote).