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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 ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 . / 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. i ica sn�i i i ioa srcee� GREY `\ SITE CLOUD \, DUNES SNR 1 MISSISSIPPI DUNES \ 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).