HomeMy WebLinkAbout2014-06-23 PACKET 06.6.STAFF REPORT CASE: CUP14 -017
ITEM: 6.6
PUBLIC MEETING DATE: 6/23/14 TENTATIVE COUNCIL REVIEW DATE: 7/16/14
APPLICATION
APPLICANT: Rumpca Excavating
REQUEST: A conditional use permit to continue to process materials and recycling
of concrete and asphalt for the sale of processed products on the Bailey
Nurseries property.
SITE DATA
LOCATION: 6750 103rd Street South
ZONING: AG -1, Agricultural Preservation, and AG -2, Agricultural
GUIDED LAND USE: Transition Planning Area
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH: - Agricultural Transition Planning Area
EAST: Residential Low &, Med Density Res,
SOUTH: Rural Residential Transition Planning Area
WEST: Rural Residential Transition Planning Area
SIZE: N/A
DENSITY: N/A
RECOMMENDATION
Approve a modified version of the CUP application to permit the
applicant to continue excavating the stormwater basin in the
northwest corner of their developed site and re -grade the slope in the
northeast corner of the developed area.
Cottage COTTAGE GROVE PLANNING DIVISION
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k'nere Pdde andProsPeiitY Mee[
Planning Staff Contact: John McCool, Senior Planner, 651 - 458 -2874, jmccool @cottage-
grove.org
Application Accepted: 5/28/14 60 -Day Review Deadline: 7/27/14
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Rumpca Excavating, Inc. — Conditional Use Permit
Planning Case No. CUP2014 -0017
June 23, 2014
Proposal
Rumpca Excavating, Inc., 10760 Ideal Avenue South, has submitted a conditional use permit
application for the ongoing excavation /grading activities on the Bailey Nurseries site at 6600
103rd Street South. The applicant is requesting to process aggregate, concrete, and blacktop
materials that are delivered to the site and mixed with earth materials excavated on the Bailey
Nurseries site. The proposed operation includes crushing, screening, stockpiling, and recycling
used aggregate, concrete, blacktop, and excavated earth materials. The processed materials
will then be hauled away. The typical haul route will be 103rd Street, Hadley Avenue south of
100th Street, 100th Street, and Jamaica Avenue to Highway 61. A location map for the Bailey
Nurseries site is shown below:
Location Map
Review Process
Application Received: May 28, 2014
Acceptance of Completed Application: June 9, 2014
Tentative City Council Date: July 16, 2014
60 -Day Review Deadline: July 27, 2014
Planning Staff Report— Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 2 of 9
Ordinance Requirements
The Bailey Nurseries site is comprised of numerous individual taxing parcels with a cumulative
area of approximately 160 acres. The southerly one - quarter of the site is zoned AG -2, Agricul-
tural District, and the northern two - thirds is zoned AG -1, Agriculture Preservation. Neither of
these agricultural zoning classifications permit mining or processing of aggregate materials. The
graphic below outlines the Bailey Nurseries' 160 acres of land and depicts the various zoning
classifications in the vicinity of the Bailey Nurseries properties.
The proposed processing of aggregate materials and recycling concrete and asphalt is a land
use not permitted in agricultural zones.
Issuance of a conditional use permit is based on certain criteria listed in the conditional use sec-
tion of the Zoning Ordinance (Title 11, Chapter 2, Section 9(F)). The City Council shall find that
the applicant has addressed all the criteria in both sections of the Code. The criteria are as
follows:
Conditional Use Permit Criteria (11 -2 -9F)
1. The use will be in conformity with the City's Comprehensive Plan and with the purpose,
intent and applicable standards of this Title.
2. The use shall be located, designed, maintained and operated to be compatible with the
existing or intended character of that zoning district in which it is located.
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The proposed processing of aggregate materials and recycling concrete and asphalt is a land
use not permitted in agricultural zones.
Issuance of a conditional use permit is based on certain criteria listed in the conditional use sec-
tion of the Zoning Ordinance (Title 11, Chapter 2, Section 9(F)). The City Council shall find that
the applicant has addressed all the criteria in both sections of the Code. The criteria are as
follows:
Conditional Use Permit Criteria (11 -2 -9F)
1. The use will be in conformity with the City's Comprehensive Plan and with the purpose,
intent and applicable standards of this Title.
2. The use shall be located, designed, maintained and operated to be compatible with the
existing or intended character of that zoning district in which it is located.
Planning Staff Report— Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 3 of 9
3. The use shall not depreciate values of surrounding property.
4. The use shall not be hazardous, detrimental or disturbing to present and potential surround-
ing land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration,
general unsightliness or other nuisances.
5. The use shall generate only minimal vehicular traffic on local streets as defined by the
transportation element of the Comprehensive Plan. The use shall not create traffic conges-
tion, unsafe access or parking needs that will cause inconveniences to the adjoining
properties.
6. The use shall be served adequately by essential public services, such as streets, police, fire
protection and utilities.
7. The use shall not create excessive additional requirements at public cost for public facilities
and services and shall not be detrimental to the economic welfare of the City.
8. The use shall preserve and incorporate the site's important natural and scenic features into
the development design.
9. The use shall cause minimal adverse environmental effects.
10. The use shall not adversely affect the potential development of adjacent vacant land.
11. In the case of flood plain applications, the following items shall be considered in addition to
the aforementioned criteria:
a. The danger to life and property due to increased flood heights or velocities caused by
encroachments;
b. The danger that materials may be swept onto other lands or downstream to the injury of
others or that they may block bridges, culverts or other hydraulic structures;
c. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage, and the
effect of such damage on the individual owner;
e. The requirements of the facility for a water front location;
f. The availability of alternative locations not subject to flooding for the proposed use;
g. The compatibility of the proposed use with existing flood plain development and flood
plain development anticipated in the foreseeable future;
h. The relationship of the proposed use to the Comprehensive Plan and flood plain
management program for the area;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site; and
k. Such other factors which are relevant to the purposes of locating the proposed use in
the flood plain.
Planning Staff Report— Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 4 of 9
Background
In 2003 Bailey Nurseries applied for a grading permit for their greenhouse site at 6600 103rd Street
South. At that time, the grading plan proposed the excavation of stormwater ponds on their site.
Much of the material removed for creating on -site ponding was bedrock. The bedrock was blasted
and crushed before being hauled away. Some sand material was also excavated from the slope
along their east property boundary line. This material was going to be used as a base material for
future greenhouses. The grading and excavation operations were scheduled to occur intermittently
over a four to five year period. A copy of the grading plan dated August 13, 2003, is shown below
and attached to this report.
North Half of Bailey Nurseries Site — August 13, 2003 Grading Plan
Planning Staff Report — Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 5 of 9
This spring, the City was notified of an erosion issue that was impacting abutting property that
Bailey Nurseries did not own. The City mailed a letter to Bailey Nurseries about the complaint and
required that they take immediate action to correct the erosion, stabilize the slope on their property,
and stop work removing material along the east slope of their property.
The City met with representatives from Bailey Nurseries and Rumpca Excavating (excavator for
Bailey Nurseries) at the site. At this meeting, it was observed that stockpiles of waste concrete,
asphalt, and other aggregate debris existed on the Bailey Nurseries property. The property owner
and their excavator explained that they and other contractors were hauling these aforementioned
materials to this site for recycling. The waste materials were crushed, screened, and mixed with
other aggregate materials for reuse on other off -site construction projects. The City gave notice
that hauling in waste aggregate, concrete, and asphalt materials for processing and hauling off -site
are not permitted operations in the Agricultural Districts and are inconsistent with the grading
permit issued in 2003.
A "Stop Work" notice was issued. This notice instructed Bailey Nurseries to stop allowing contrac-
tors from hauling waste aggregate materials to this property. Rumpca Excavating was permitted to
continue recycling operations on the existing waste materials stockpiles so that those materials
could be removed from the site. The property owner was also instructed to file a conditional use
permit application for their ongoing excavation activity since the proposed grading operation results
in the moving of more than 1,000 cubic yards of material per acre of the site area.
South Half of Bailey Nurseries Site — August 13, 2003 Grading Plan
Planning Staff Report — Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 6 of 9
The illustrations below is a 2013 aerial photo of the excavation activities in the northeast and
northwest corners of the Bailey Nurseries site.
Grading, Stockpiles, and Processing Activities — Northeast Corner of Bailey Nurseries Site
Grading, Stockpiles, and Processing Activities — Northwest Corner of Bailey Nurseries Site
Planning Staff Report — Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 7 of 9
Planning Considerations
Surface Water Drainage
The grading plan prepared in 2003 was to allow Bailey Nurseries to create on -site stormwater
basins for the anticipated increase of stormwater runoff from their future greenhouse areas and
mitigate flooding issues that existed at the 103rd Street railroad viaduct. Site grading and pond
excavation would divert surface water drainage from the north and redirect it into new basins.
It is apparent that the excavation of the stormwater basins was delayed with the delivery of other
aggregate materials to the site that was processed into a recycled aggregate material and hauled
away. Prohibiting the processing of concrete and asphalt should help the contractor complete site
grading and pond excavation as proposed on the 2003 grading plan.
Truck Traffic
The City possesses certain regulatory authority over the site, including, but not limited to zoning
authority. The proposed grading operation, reclamation, and restoration of slopes and disturbed
vegetation requires a conditional use permit. The conditional use permit contains conditions, one of
which will be an impact fee from hauling aggregate materials to the site that were crushed,
screened, mixed, and delivered off -site. This operation is inconsistent with the agricultural land use
and zoning regulations. The illegal operations caused direct and indirect impacts on the City's
infrastructure in the vicinity of this site that will not be compensated by property taxes.
As a condition of approval of the applicant's conditional use permit, the applicant must pay to the
City an impact fee for extraordinary costs incurred because of the illegal aggregate operations
and processing activities that occurred on the property which resulted in increased traffic on city
streets serving the facility. The amount of the contribution is $75,649.03. Payment must be
made at the time a new grading permit is issued.
Meeting Notices
A public hearing notice was mailed to 100 property owners who are within 600 feet of the Bailey
Nurseries site. These notices were mailed on June 11, 2014. The public hearing notice was also
published in the June 11, 2014, edition of the South Washington County Bulletin.
City Department Review
The conditional use permit application filed by Rumpca Excavation to continue excavating a
stormwater basin and excavate the slope along the east side of the Bailey Nurseries site as
proposed on the grading plan dated August 13, 2003, and deliver to the site concrete, asphalt
and other aggregate materials for processing into a recycled aggregate material and hauled off-
site was presented to other City Departments. City staff from various Departments expressed
concerns for the number of illegal truckloads driving on 100th Street, Hadley Avenue, and 103rd
Street. These roadways are considered local streets and were not constructed to accommodate
extensive volumes of heavy truck traffic. For this reason, they recommended that waste aggre-
gate materials (e.g. concrete, asphalt, imported aggregate, etc.) not be delivered to the site for
processing, crushing, and screening into a recycled material that is hauled away.
No comments or recommendations were received from advisory commissions
Planning Staff Report — Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 8 of 9
Recommendation
That the Planning Commission recommend to the City Council approval of a modified version of
Rumpca Excavating's proposal to process aggregate materials on the Bailey Nurseries site. It is
not recommended that the City approve the applicant's proposal to haul waste aggregate, con-
crete, and asphalt materials to this site to process the materials into a recycled aggregate prod-
uct and then hauled off -site. It is recommended that the property owner be permitted to continue
excavating the stormwater basin in the northwest corner of their developed site and re -grade the
slope in the northeast corner of the developed area as originally proposed on the grading plan
dated August 13, 2003.
This recommendation approving the conditional use permit is subject to the following conditions:
An NPDES construction stormwater permit must be obtained from the Minnesota Pollu-
tion Control Agency. A copy of this permit must be submitted to the City.
A new grading permit must be granted by the City for the construction of the second
stormwater pond in the northwest corner of the developed site as originally proposed in
the April 2004 grading permit. The grading permit fee is double the amount since illegal
and unauthorized processing of waste aggregate materials was occurring in the past.
3. Appropriate erosion control measures must be installed around all grading and exca-
vation areas.
4. Dust from the grading and excavation activities must be controlled. The application of
water and chloride to the internal access roads must be applied when necessary.
5. The applicant provides the City with a report prepared by a Geotechnical Engineer
regarding the stability of the slopes along the east side of the Bailey Nurseries property
where virgin material was over- excavated and fill was placed to create 3 -to -1 slopes as
proposed on the August 13, 2003 grading plan. The report must include soil borings to
verify the suitability and compaction of the fill material. This report must be submitted to
the City no later than August 1, 2014.
6. The applicant is responsible for removing any materials that may have spilled onto any pub-
lic roadway. This material shall be cleaned up immediately.
7. Bituminous /asphalt, concrete, and street sweeping materials are prohibited from being
buried on the premises or delivered to and stockpiled on the Bailey Nurseries site.
8. If any grading or excavation operation within the Bailey Nurseries site causes noises that
disturb any neighboring property owners, the applicant agrees to voluntarily cease operation
until such time the noise source is identified and appropriate corrections are made.
9. The applicant is responsible for obtaining all state and federal permits relating to grading
and excavation operations.
Planning Staff Report — Planning Case No. CUP2014 -017
Rumpca Excavating — Conditional Use Permit
June 23, 2014
Page 9 of 9
10. A tree inventory must be completed and submitted to the City before additional trees are
removed. The applicant must provide the City with a plan showing how many trees have
been planted of the 1,000 trees Bailey Nurseries proposed to plant on this site. A land-
scape plan showing tree quantities, species, and plant sizes must be submitted to the
City by August 1, 2014.
11. A letter of credit that is 150 percent of the estimated cost for planting trees that complies
with the City's tree preservation regulations must be submitted to the City before August
1, 2014.
12. The City will monitor compliance of the NPDES permit for erosion control measures, and
the applicant is required to reimburse the City for inspection services.
13. The applicant agrees to pay the City an impact fee for direct and indirect impacts on the
City's infrastructure in the vicinity because of the illegal aggregate operations and pro-
cessing activities that occurred on the property. The amount of the contribution is
$75,649.03. Payment must be made at the time a new grading permit is to be issued.
14. The applicant must comply with City Code Title 4, Chapter 9, Noise Regulations. All ex-
cavation activities are allowed between the hours seven o'clock (7:00) A.M. and seven
o'clock (7:00) P.M. Monday through Friday and between the hours nine o'clock (9:00)
A.M. and seven o'clock (7:00) P.M., Saturday. Excavation, grading, crushing, and
screening is prohibited on federal holidays and Sundays.
15. The applicant must notify the Public Safety Department a minimum of 48 hours in
advance of any blasting.
Prepared by:
John McCool, AICP
Senior Planner
Attachments:
Grading Plan dated August 13, 2013
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