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HomeMy WebLinkAbout2010-07-21 PACKET 06.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/17/09 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Hold the public hearing for the conditional use permit for Danner, Inc.'s revised grading permit application. 2. Consider approving a conditional use permit to excavate approximately 598,253 cubic yards of earth materials from approximately 32.5 acres of land located northwest of County Road 19 and East Point Douglas Road. STAFF RECOMMENDATION Adopt the resolution approving the conditional use permit for Danner, Inc.'s revised grading permit. ADVISORY COMMISSION ACTION DATE REVIEWED ❑ PLANNING ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 7/15/09 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ City Administrator Date COUNCIL ACTION TAKEN: A PROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: July 15, 2010 RE: Conditional Use Permit Application — Danner Inc's Proposed Grading Plan for 9450 East Point Douglas Road Proposal Danner, Inc. has submitted a revised grading permit application to excavate approximately 598,253 cubic yards of earth materials from approximately 32.5 acres located at 9450 East Point Douglas Road. The gross land area of the site is 38.3 acres. A copy of Danner, Inc.'s grading plan is attached. a colraee mew o�w�" �oQ �6� � « ��Q COMGEW e n am a ognC Gt9 / P RAVINE REGIONAL P N W E S Location Map a • a On June 17, 2009, the City Council approved Danner Ine.'s grading permit application to exca- vate approximately 415,104 net cubic yards of earth materials from approximately 22 acres of the 38.3 acre site. The grading permit was issued on July 8, 2009 and excavation started in the first phase of their 2009 grading plan. The applicant has revised their phasing plan for purposes of excavating soil along the west side of the Apache Chief property so that the farmland along the north side of the property can Mayor and Members of the City Council and Ryan Schroeder Danner Inc's Revised Grading Permit July 15, 2010 Page 2 of 4 continue to be farmed for a couple more years. The revised grading plan also proposes to lower the earth berm paralleling County Road 19 to an elevation that is a minimum of ten feet above the County Road 19 road elevation and a future road bed up the hill to the north prop- erty line. Access to the Apache Chief property will continue cross the 6.7 -acre site located to the south and connecting to East Point Douglas Road. Private access along County Road 19 is prohi- bited. The 6.7 -acre site is the location of a temporary concrete mixing plant for the Highway 61 resurfacing project. Planning Considerations Ordinance Requirements City ordinance requires all grading permits which result in the moving of more than 1,000 cubic yards of material per acre of site area to be reviewed as a conditional use permit when it's not in conjunction with a mining permit, preliminary plat, development plan or site plan review process. Future Development In 2007, a development company had prepared a concept plan for future commercial develop- ment on this property. Danner's consultant used that concept plan as a guide in preparing the proposed grading plan. The final grade elevations proposed on the grading plan are similar to the elevations shown on the concept plan. Removing dirt now will reduce some of the grading costs for future development on the Apache parcel. South Washington Watershed District's Review The South Washington Watershed District reviewed the proposed grading plan for the Apache Parcel Project. The SWWD suggested that the approval of the revised permit application be contingent on maintenance of erosion, sediment control practices, and stabilizing the graded areas as soon as feasible. Tree Inventory A tree inventory dated April 13, 2009 was completed for the Apache parcel. A total of 374 trees are proposed to be removed in all six phases. The tree species and trunk caliper size for each tree was included in this inventory. This information will be used to calculate the tree mitigation requirements when the site is developed in the future. Grading Operations Danner Inc. is currently excavating in the area shown as Phase One, which is located in the southeast corner of the Apache Chief site. Soil materials excavated from this site are tempora- rily stockpiled and later hauled off -site to other construction projects. The haul route to a public roadway is across the 6.7 -acre site to East Point Douglas Road. The landowners of this parcel have given Apache Chief Theater Co. LLP and Danner Inc. permission to travel across their property. The phasing plan is shown below. Mayor and Members of the City Council and Ryan Schroeder Danner Inc's Revised Grading Permit July 15, 2010 Page 3 of 4 M.1 A. 31-13 SL?C. ATM Phasing Plan Revised Grading Plan Danner Inc. modified their original grading plan so they could excavate a clay type of soil ma- terial that exists along the west side of the site, allow farming to continue along the north side of the property for a couple more years, and reduce the earth berm height along the west side of County Road 19. Slopes along the perimeter of the site will continue to be a 4:1 slope and erosion control will be installed as excavation transitions into the next phase. The finished grade elevation throughout all the proposed phases is similar to the original grading plan. The crest of the hill along the west side of County Road 19 will be lowered 6 to 18 feet, but will be a minimum of 10 feet above County Road 19. Grading this area will be within the right -of -way for County Road 19. A permit from the Washington County Public Works Department must be issued before excavation within the right -of -way can begin. An ex- cerpt from their proposed grading plan is shown below: Public Hearing Notices A public hearing notice was published in the South Washington County Bulletin and notices were mailed on July 9, 2010 to 27 property owners that are within 500 feet of the property. The City Council will hold the public hearing on Danner Inc.'s conditional use permit application. . , ': W IL That the City Council holds the public hearing for Danner Inc.'s conditional use permit application to excavate approximately 598,253 cubic yards of soil at 9450 East Point Douglas Road. De- pending on testimony, the City Council may approve the conditional use permit subject to the conditions listed in the draft resolution. Mayor and Members of the City Council and Ryan Schroeder Danner Inc's Revised Grading Permit July 15, 2010 Pane 4 of 4 RESOLUTION NO. 2010 -XXXX WHEREAS, Danner, Inc. has applied for a conditional use permit grading permit to ex- cavate approximately 598,253 cubic yards of earth materials from approximately 38.3 acres of land located northwest of County Road 19 and East Point Douglas Road, located on property legally described in Attachment A. WHEREAS, the Planning Commission reviewed the original grading plan at their meet- ing on June 1, 2009, and unanimously recommended approval of the grading permit, subject to certain conditions: and WHEREAS, the City Council adopted Resolution No. 2009 -102 approving a grading per- mit for 38.3 acres of land legally described above; and WHEREAS, Danner, Inc. has revised their grading and phasing plan for purposes of ex- tracting 598,253 cubic yards of soil material; and WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the City Council held the public hearing on July 21, 2010; and WHEREAS, a planning staff report which detailed specific information about the property and the variance application was prepared and presented; and WHEREAS, the public hearing was open for public testimony and testimony from the ap- plicant and the public was received and entered into the public record; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves a conditional use permit for the re- vised grading plan prepared by Pioneer Engineering dated June 21, 2010. Approval of this grading plan permits the excavation of approximately 598,253 cubic yards of earth materials from approximately 32.5 acres of the 38.3 acre site located at 9450 East Point Douglas Road, subject to the following conditions: 1. A financial guarantee, in the form of a cash escrow or letter of credit, of 150 per- cent of erosion control costs, necessary site restoration, and street sweeping must be posted with the City before a grading permit is issued. 2. 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 Resolution No. 2009 -102 Page 2 of 3 the basis of incorrect information supplied, or is found to be in violation of any lo- cal, 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. 3. Finished grades shall have a minimum topsoil of at least four inches. 4. All exposed soils resulting from grading activities must be seeded within ten 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. 5. 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. 6. Temporary basins may be required as part of erosion and sediment control dur- ing construction operations. The duration of the basins is dependent upon the time of excavation and re- vegetation of the site. 7. 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 shall be exposed at any one period of time. 8. For soil stockpiles greater than ten 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 ve- getative cover established and adequate sediment control measures surrounding its perimeter by October 31. 9. 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 ve- hicles. The rock pad must meet design criteria, standards, and specifications found in the UPCA publication "Protecting Water Quality in Urban Areas." 10. The landowner or operator must sweep East Point Douglas Road 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. 11. Corrective action and landscape restoration for erosion or sedimentation prob- lems on neighboring properties, or any location other than the permitted site, must commence within 24 hours of written or verbal notification. Resolution No. 2009 -102 Page 3 of 3 12. Burying organic material or construction debris is prohibited. 13. Site grading activities cannot occur between 7:00 P.M. and 7:00 A.M. 14. The landowner and operator must allow City staff to enter the site to inspect the erosion and sediment control measures required by the permit. 15. Bituminous /asphalt materials are prohibited from being buried or temporarily stock- piled on the property. 16. 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 prac- ticable with the drip line of trees to be preserved. 17. The tree inventory dated April 13, 2009, will be included in the review process and tree mitigation requirements will be imposed on the future development of this site. 18. Access from County Road 19 is prohibited. 19. Crushing rock is prohibited. 20. Permits required by Washington County and any other county or state agency must be obtained before any excavation occurs within the public right -of -way. A copy of the permit issued by other agencies must be submitted to the Commu- nity Development Department. Passed this 21 st day of July, 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk