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HomeMy WebLinkAbout2014-07-28 PACKET 06.2.SUPPLEMENTAL STAFF REPORT CASE: CUP14 -017 ITEM: 6.2 PUBLIC MEETING DATE: 7/28/14 TENTATIVE COUNCIL REVIEW DATE: 8/13/14 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 and to continue excavating the stormwater basins and remove sand material along the east property boundary line. (Continued from 6123/14 Planning Commission meeting) 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 & Mod Density Res. SOUTH: Rural Residential Transition Planning Area WEST: Rural Residential Transition Planning Area SIZE: NIA DENSITY: N/A RECOMMENDATION Approve a modified version of the 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 and deny the proposal to haul material to the site for processing into recycled aggregate product then hauled off -site. COTTAGE GROVE PLANNING DIVISION Cottage J Grove , eznd P,ozPedty Meet Planning ere `" Staff Contact: John McCool, Senior Planner, 651 - 458 -2874, jmccool@cottage- grove.org Application Accepted:. 5128/14 60 -Day Review Deadline: 7/27/14 60 -Day Review Extension Deadline: 9/25114 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Supplementary Planning Staff Report Rumpca Excavating, Inc. — Conditional Use Permit Planning Case No. CUP2014 -0017 July 28, 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. The other element of this conditional use permit application is Bailey Nurseries' request to con- tinue excavating the stormwater basins and remove sand material along their east property boundary line. This work was initially granted by the City at the time a grading permit was issued in 2004. A location map for the Bailey Nurseries site is shown below: Rumpca Exc. /Bailey Nursery Conditional Use Permit Site Exavation 6600 103rd Street South �Il t3f . /I\ A a Location Map Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 2 of 19 Review Process Application Received: May 28, 2014 Acceptance of Completed Application: June 9, 2014 Tentative City Council Date: August 13, 2014 60 -Day Review Extension Deadline: September 25, 2014 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: LeOenE e - m Meonwy Qq m ®new�tlpa..r ES a _ rrH =J2 2 _13 G- i u R-1 w ®wo � MLET ET 9TH �m } AG -2 AG -2a I hM _ w ee Bailey Nursery Property '.. Approximately 160 acres ! 0 0075 015 _ 0.9�Ilea 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: Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 3 of 19 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. 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 man- agement program for the area; Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 4 of 19 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. 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. The initial grading permit expired on April 21, 2009 and was ex- tended for an additional five years to April 21, 2014. A copy of the grading permit (No. 04 -276 is- sued on April 22, 2004) is attached. The location of current pond excavation, processing aggregate materials, and excavating sand material in the northeast corner of the Bailey site is shown below. A copy of the grading plan dated August 13, 2003, is shown below and attached to this report. Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 5 of 19 North Half of Bailey Nurseries Site — August 13, 2003 Grading Plan South Half of Bailey Nurseries Site — August 13, 2003 Grading Plan Supplemental Planning Staff Report — Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 6 of 19 As reported at the June 23, 2014 Planning Commission meeting, the City was notified of an ero- sion issue along Bailey Nurseries' east property line. Written notice was sent to Bailey Nurseries about the erosion and required immediate action to correct the erosion, stabilize the slope on their property, and to stop removing material along the east slope of their property. City staff met with representatives from Bailey Nurseries and Rumpca Excavating (excavator for Bailey Nurseries) at the site to discuss the erosion and illegal operations of processing waste con- crete, asphalt, and other aggregate materials that was observed on the Bailey Nursery property. Bailey Nurseries was given written notice to stop allowing contractors from hauling waste aggre- gate materials to this property. Rumpca Excavating was permitted to continue recycling operations of the existing stockpiles so that those processed materials could be removed from the site. The property owner was also instructed to file a conditional use permit application for their ongoing grading activities since the grading operation resulted in moving more than 1,000 cubic yards of material per acre of the site area. The illustrations below is a 2013 aerial photo of the excavation activities in the northeast and northwest corners of the Bailey Nurseries site. r w. �� s • r V r� Er ©sIOiI .,.. � k 6taekpltoslo '� i , �„ � Dallev Notses A- a l� 'di 7 . n y._t y 1` Grading, Stockpiles, and Processing Activities — Northeast Corner of Bailey Nurseries Site ba Ram d rdh�(i l� 'di 7 . n y._t y 1` Grading, Stockpiles, and Processing Activities — Northeast Corner of Bailey Nurseries Site Supplemental Planning Staff Report — Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 7 of 19 Planning Commission June 23, 2014 Meeting The Planning Commission held the public hearing on June 23, 2014. At this meeting, testimony was received from neighboring residential property owners. The testimony pertained to the fol- lowing comments: • Blowing dust and dirt • Erosion on the east slope of the Bailey Nurseries site • Slope stability • Grading limits setback • Hours of operation • Mining versus grading activities The Planning Commission unanimously continued the public hearing to their July 28 regular meet- ing to obtain additional information from Rumpca Excavating and Bailey Nurseries. Specific infor- mation requested by the Planning Commission pertained to the issues listed below: • Tree plantings — Number of trees planted and location of trees. • Mining versus grading activities. How does this activity meet the future plans for Bailey Nurseries? • Timeline for completing the excavation activities for stormwater basins. • Timeline for site restoration of all graded areas. Grading, Stockpiles, and Processing Activities — Northwest Corner of Bailey Nurseries Site Supplemental Planning Staff Report — Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 8 of 19 • Erosion control — Status and timeline for completion. • Slope stability. • Future plans for Bailey Nurseries operations. On July 22, 2014, City staff met with a representative from Rumpca Excavating and Bailey Nurse- ries at the Bailey Nurseries site to discuss the issues described above. Both representatives were invited to attend the Planning Commission meeting on July 28 to present information to the Com- mission and to describe the grading and concrete /asphalt activities on the site. Photographs were taken of various aspects of the site activities. Below is a brief summary of each photograph: seeded vegetation beginning to root on the left side of the photo. Supplemental Planning Staff Report — Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 9 of 19 .MF Ri < Screening equipment and conveyors located in the northeast corner of tt Soil material excavated from the east and north slopes screened at this location, No crushing activities occurred at this location. Nursery site. �d and hauled away. Supplemental Planning Staff Report — Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 10 of 19 Slope along Bailey's east property line in the northeast corner of their site�,,, 0(1�1Vo)11�1 From the top of Bailey Nurseries east property line (top of slope), this photo shows the outdoor plant seedlings field in the upper right -hand corner of the photo and the existing greenhouse structures in the upper left -hand corner. Between the toe of this slope and the outdoor plant seedlings field is the future site of more outdoor plant seeding beds. couple feet west cf their east property boundary line. A small elevated earth -berm was graded on the east side of the fence to prevent runoff from the east washing down the slope. Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 11 of 19 This area in the northeasterly corner of the Bailey Nursery site is the closest point to the abutting residential properties in the Mississippi Dunes Estates 2nd and 3rd Additions. This area will be graded to 3:1 maximum slope, seeded and covered with straw. This is the northerly edge of the grading limits shown on the 2003 grading plan. Future grading north of this point will require the property owner to prepare a grading plan and conditional use permit application for the City's review and approval. the 3:1 maximum grade was complied with. Supplemental Planning Staff Report — Planning Case No. CUP2014'O17 RunopooExnavutinO — Conditiona|UsePennit July 28.2014 Page 12of18 � ' !'_ HOW 0 Stockp of concrete, asphalt. and other sub-base materials ready for crushing. This stockpile of materials is located in the northwest corner of the developed portion of the Bailey Nurseries site. It will take approximately two weeks to crush and screen this material. The processed material will be stockpiled and removed from the property next year. ` Stockp of crushed and screened limestone material ready to hauled away. This pile is located in the northwest corner of the developed area of the Bailey Nurseries site. Supplemental Planning Staff Report — Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 13 of 19 North edge of the stormwater basin located along the west side of the Bailey Nurseries site. Additional excavation along the north and northeast edges of this basin is necessary to complete its design and stormwater storage capacity. This work will be completed before the end of 2014. capacity. This work will be completed before the end of 2014. Supplemental Planning Staff Report — Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 14 of 19 recyaea aitummous oase matenai. it is eviaent mat vemcies traveung tnis private anve create oust. i ne property owner agreed to sweep sediment materials off this segment of the hardsurfaced drive. Continued maintenance of the road surface is required to mitigate dust from being airborne and blown toward abutting residential properties. Another example of dust airborne along the east side of the Bailey Nurseries site. Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 15 of 19 materials are also identified. The nearly completed stormwater basin is shown at the bottom of the aerial photograph. Supplemental Planning Staff Report— Planning Case No. CU P2014-017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 16 of 19 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, or asphalt materials to this site to process said materials into a recycled aggregate prod- uct and then haul them 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. necessary to finish the grading in this area are labeled on the photo. Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 17 of 19 Denying the applicant's request to haul waste aggregate, concrete, or asphalt materials to this site to process said materials into a recycled aggregate product and then haul them off -site is based on the following findings of facts: A. The proposed "Transitional Planning Area" designation on the Future Land Use map of the City's Future Vision 2030 Comprehensive Plan did not contemplate that crushing, screening, and mixing concrete and asphalt materials adjacent to a low density residential neighbor- hood would be planned on the Bailey Nurseries property. B. The proposed use is inconsistent with the City's Future Vision 2030 Comprehensive Plan's intent and applicable standards for future development in the southeast area of the community. C. The proposed use is not compatible with the permitted uses within the existing AG -1, Agri- cultural Preservation, and AG -2, Agricultural District. D. The proposed use is detrimental or disturbing to present and potential surrounding residen- tial land uses due to noise, dust, vibration, and general unsightliness or other nuisances. E. Hauling of concrete and asphalt materials to the Bailey Nurseries site via truck generates additional traffic on local streets as defined by the transportation element of the Comprehen- sive Plan. F. The proposed use delayed the completion of stormwater basins that were proposed on the 2003 grading plan for completion within five years. G. The proposed use has potentially adversely impacted potential residential development of adjacent vacant land. The recommendation approving the conditional use permit for a grading permit to complete the grading and excavation as shown on Bailey Nurseries 2003 grading plan is subject to the follow- ing conditions: 1. 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. 2. 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 ten years. 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 calcium chloride to the internal access roads must be applied when necessary. Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 18 of 19 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 at 6600 103rd Street South. 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. 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 $0.30 per ton of material exported from the site. The City will work out payment at the time the quantity of material is determined. 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. Supplemental Planning Staff Report— Planning Case No. CUP2014 -017 Rumpca Excavating — Conditional Use Permit July 28, 2014 Page 19 of 19 16. A hydro -mulch seed cover consistent with MPCA regulations is required on the north and east slopes of the exposed soil materials in the northeast corner of the Bailey Nursery site. 17. Appropriate soil erosion control devices must be installed on the slope in the northeast corner of the Bailey Nursery site. This work must be completed immediately. 18. The two stockpiles of recycled bituminous material must be removed from the site by December 31, 2014. 19. The final grade at the north end of the stormwater basin located along the west property boundary line and west of Bailey's existing greenhouse facility must be complete by December 31, 2014. 20. The stockpile of existing concrete and asphalt materials located northwest of the storm- water basin located along the west property boundary line and west of Bailey's existing greenhouse facility must be crushed by December 31, 2014 and removed before December 31. 2015. 21. The two stockpiles of % -inch minus Class V material must be removed before December 31, 2016. 22. The future stormwater basin proposed to the northwest of the existing stormwater basin located along the west property line and west of Bailey's existing greenhouse facility must be completed before the end of 2019. If work has not been completed before the end of 2019, the property owner must file a new conditional use permit application and grading permit with the City. Prepared by: John McCool, AICP Senior Planner Attachments: Grading Plan dated August 13, 2003 Grading Permit No. 04 -276 dated April 22, 2004 Planning Staff Report — June 23, 2014 CITY OF COTTAGE GROVE GRADING AND EROSION CONTROL PERMIT REQUIREMENTS BAILEY NURSERIES 6750 —103RD STREET SOUTH Developer: Bailey Nurseries Permit No: 04 -276 Dated:April 22, 2004 Geocode:19- 027 -21 -31 -0003 19- 027 -21 -31 -0002 19- 027 -21 -42 -0001 30- 027 -21 -12 -0001 GF_NFRAL All contractors must be licensed in the City of Cottage Grove. The developer and /or grading contractor should contact Xcel Energy and any other private utility companies to ensure grading activities near existing utility poles and private utilities are performed in an acceptable manner. Contractor Name: Rumpca Excavating; Fax: 651- 459 -3763; Office Phone: 651 - 458 -8404. Attached Documents: The work shall comply with the grading construction plan submitted by BARR Engineering Company, 4700 West Seventh Street, Minneapolis, MN 55435 -4803, dated September 25, 2003. Project Scope: This project is the site preparation and excavation for stormwater retention, installation of private stormwater sewer systems, and future greenhouse expansion area. The project is divided into three areas: Grading Area #1 = 25.43 acres of land located in the west - central part of the Bailey Nurseries property. Grading Area #2 = 7.12 acres of land located at the east central part of the Bailey Nurseries property. Grading Area #3 = 0.24 of an acre of land located east of the existing greenhouses. Term of Permit: This permit will be effective for five years, expiring on April 21, 2009. At that time the permit will be extended for an additional five years, until April 21, 2014, if the City determines that Bailey Nurseries is in compliance with all conditions of the permit. Perimeter Staking: The developer will provide perimeter construction stakes as requested by the City's Engineer and verify grading for purposes of matching grade elevations of neighboring developed parcels of land. Staking will begin on April 22, 2004. Notice: The owner must notify the City Engineer of the commencement and completion of the critical phases of the erosion control, grading, seeding, and related site work. EROSION CONTROL General: The work shall be performed in accordance with the practices recommended in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook and the City's Standard Detail's. City of Cottage Grove Grading & Erosion Control Permit Requirements Bailey Nurseries, 6750 — 103rd Street South Page 2 of 3 Steep slopes: Erosion control blanket, MnDOT Category 2 shall be placed in areas of steep slopes (greater than 4:1). The 4:1 side slopes shall be stabilized as stated in the City Ordinance. The grading and drainage plan shall be revised to incorporate the city's standards for temporary slope grading (City Detail ERO -13). Location and Implementation: Silt fence and erosion control shall be as per plan, as needed, or as requested by the City with 48 hours of notice. Additional erosion control and drainage devices may be necessary along all property boundary lines of the project site to mitigate any adverse impact to neighboring properties. Silt fence and erosion control devices will be installed as soon as practical. Erosion: All erosion into adjoining properties must be corrected within 36 hours of notification by the City. This includes restoration of vegetation. Failure to correct will result in sanctions against your contractor's license. The property owner and their grading contractor shall protect all public drainage easements from erosion that results from drainage from the project site. The drainage and erosion plan shall be revised to address drainage and emergency overflow locations, provide machine sliced silt fence along the site's perimeter (City Detail ERO -3), ditch blocking (City Detail ERO -7), temporary sedimentation control (City Details ERO -10 and 11). EXCAVATING AND GRADING Hours of Operation: Excavating, grading, and hauling operations are limited to the hours of 7:00 a.m. to 4:30 p.m. Monday through Friday. No operations are allowed on Saturdays or Sundays. Compaction: All embankments within the City -owned right -of -way and easements shall be compacted to a minimum 95 percent standard Proctor density. Burying of Debris: Burying or burning of trees or debris is prohibited without specific permission from the City. Tree Protection: A fence or similar barrier protecting trees and plant materials required for preservation must be installed at a minimum of five (5) feet outside the vegetation's drip line. This fence or similar barrier shall remain and be maintained until completion of the entire Bailey Nursery grading project. Existing Utilities: The developer and their grading contractor shall protect all existing utilities during grading and excavating activities. The developer must contact Xcel Energy and all other private utility companies that may have existing utilities near or on the property being developed. Certification of Grades: The contractor /engineer shall provide an as -built drawing to the City verifying that the project was graded in conformance with the approved grading and erosion control plan within 30 days of the completion of the site grading. Record Drawings: The developer shall provide two hard copy sets and one AutoCAD format drawing of the record grading plans to the City. Final as -built drawings are required of the finished site. City of Cottage Grove Grading & Erosion Control Permit Requirements Bailey Nurseries, 6750 — 103rd Street South Page 3 of 3 Drainage and Grading: The City Engineer and contractor will work together during the construction process to determine concurrently the final grade and resolving drainage design concerns. Permanent Restoration: Areas prone to erosion, such as the swales adjacent to the natural drainage -ways and slopes shall be restored as soon as grading is complete. The applicant shall use sod, wood fiber blankets, or a similarly acceptable material to address potential erosion concerns. Other disturbed areas must be seeded or sodded within 30 days of grading or disturbance. Other Conditions: Dewatering: If dewatering is necessary a dewatering plan must be approved by the City prior to the start of any dewatering operations. The plan must include the rates, volume, and discharge locations. 2. Restoration Plan: A restoration plan must be submitted to the City within six months of the start of the excavation. This plan must show the proposed ground cover and tree locations. 3. Vibration Monitoring: If blasting is performed, vibration monitoring must be conducted to verify that no damage is occurring on neighboring properties. 4. Notification of Railroad: Prior to any blasting, the BNSF Railway must be contacted to allow comment on the plans. 5. Diversion Structures: Detail drawings of all diversion structures must be provided to the City. 6. Haul Routes: Trailers hauling excavated material off the site are limited to using only 103rd Street to Hadley Avenue to 100th Street to Jamaica Avenue to TH61. PROJECT CONTACTS: Rumpca Excavating, Grading Contractor: 651 - 458 -8404 John Bailey, Land Owner: 651 - 768 -3315 Scott Soblech, BARR Engineering: 952 - 832 -2600 Dave Hanson, BRAA: 651 - 604 -4882 Tom Thompson, BRAA: 651 - 604 -4911 Chad Quigley, BRAA: 612 - 845 -3588 or 651-604-4936 Les Burshten, Public Works: 651 - 458 -2810 John McCool, Planning Division: 651 - 458 -2874 Bob LaBrosse, Building Division: 651 - 458 -2828 Harry Taylor, Public Works: 651- 458 -2853 STAFF REPORT CASE: CUP14 -017 ITEM: 6.6 PUBLIC MEETING DATE: 6/23114 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 & Mod Density Res. SOUTH: Rural Residential Transition Planning Area WEST: Rural Residential Transition Planning Area SIZE: NIA 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 J Grove k %e e r iv ne Plann aeaaPo eft g � 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: Rumpca Exc. /Batley Nursery Conditional Use Permit Site Exavation 6600 103rd Street South - ;ia a ,I 3n wl I y. 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 AGA, 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. r 0 Zoning u = R- AG- x III a n �z \ MLET ET 9TH Mu \ ma }nu AG -2 AG -2a n Bailey Nursery Property Approximately 160 acres o aws o.�c oa o a� iia 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: 1. 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. 2. 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 § \�} » ■�( `\ ^ j§ §k \/ Ex §2 3( V3 /: .% 2>5� _ !!! § \ \§ _ z ƒ ; ( 9 \\ . � \\ ;!) . . $\ |� k - T )q &+ , 4 `\ ^ j§ §k \/ Ex §2 3( V3 /: .% 2>5� _ !!! \ \§ \. ƒ ; ( 9 \\ . � `\ ^ j§ §k \/ Ex §2 3( V3 ( � « ! ; / § § �. r ` ` § \ / : / } O \ �\ § ] 3 ^ ) N .% 2>5� _ !!! \ \§ ( 9 \\ . � \\ ;!) . . $\ |� k - T )q &+ ( � « ! ; / § § �. r ` ` § \ / : / } O \ �\ § ] 3 ^ ) N