HomeMy WebLinkAbout2020-06-22 PACKET 06.4.STAFF REPORT CASE: CUP2020-037
ITEM: 6.4
PUBLIC MEETING DATE: 6/22/20 TENTATIVE COUNCIL REVIEW DATE: 7/15/20
APPLICATION
APPLICANT: Frattalone Companies, on behalf of Wolterstorff, LP
REQUEST: A conditional use permit to import up to 100,000 cubic yards of
environmentally clean gravel and fill onto the Wolterstorff property.
SITE DATA
LOCATION: North of Lake Robert and west of Jamaica Avenue
ZONING: AG -1, Agricultural Preservation
GUIDED LAND USE: Parks & Open Space and Low Density Residential
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH: Agricultural Low Density Res.
EAST: Low Density Res. Low Density Res.
SOUTH: Low Density Res. LDR & Parks/O.S.
WEST: Agricultural Low Density Res.
SIZE: N/A
DENSITY: N/A
RECOMMENDATION
Approval, subject to the conditions stipulated in this staff report.
Cottage
Grove COTTAGE GROVE PLANNING DIVISION
�
here Pride and Prosperity Meet
Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; jburbank(d)_cottagegrovemn.gov
Application Accepted:. 6/1/2020 60 -Day Review Deadline: 7/31/2020
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Wolterstorff Grading Conditional Use Permit
Planning Case No. CUP2020-037
June 22, 2020
Proposal
Frattalone Companies, on behalf of Wolterstorff, LP, has applied for a conditional use permit to
import up to 150,000 cubic yards of environmentally clean gravel and black dirt fill onto the
Wolterstorff property north of Lake Robert and west of Jamaica Avenue.
Site Location Map
Review Schedule
The application was received on May 26, 2020.
The application was deemed complete on June 1, 2020.
The 60 -day application review expires on August 24, 2020.
Wolterstorff Grading CUP
Planning Staff Report — V2020-037
June 22, 2020
Page 2 of 7
Background Information
Comprehensive Plan — Future Land Use Designation
The Future Land Use Map in the City's 2040 Comprehensive Plan identifies this property to be
guided as Low Density Residential and Parks and Private Open Space. The proposed use is
consistent within those designations.
Zoning
This parcel is currently zoned AG -1, Agricultural Preservation. Grading activity is permitted in this
zoning district.
Existing Site Conditions
The majority of the property is utilized for agricultural purposes. There is a pocket of shallow
bedrock in the central portion of the site. The materials proposed to be brought to the site will be
utilized in the future during development for grade modification and correction related to the bed-
rock. The material will be imported to the site over a course of time as it becomes available from
other developing sites.
Site Ortho Photo
Wolterstorff Grading CUP
Planning Staff Report — V2020-037
June 22, 2020
Page 3 of 7
Review
The applicant is proposing to import up to 150,000 cubic yards of environmentally clean gravel
and black dirt fill onto the Wolterstorff property north of Lake Robert and west of Jamaica Avenue.
Site Plan / Location Detail
Planning Considerations
Metropolitan Urban Service Area (MUSA)
The property is located inside of the Metropolitan Urban Service Area (MUSA).
Earthwork
The applicant must obtain a grading permit from the City as well as follow the City's erosion and
sediment control standards and City Code Title 11-6-12. Prior to hauling material on the site, the
grading operator shall obtain a Minnesota Pollution Control Agency (MPCA) Construction Storm
Water Permit.
Wolterstorff Grading CUP
Planning Staff Report — V2020-037
June 22, 2020
Page 4 of 7
Traffic/Access
Over the course of the requested hauling of materials, the use will generate between 10-15,000
truck trips to the site. Jamaica Avenue is designated as an A -Minor Collector, which is designed
to accommodate higher traffic volumes over the course of a year. A right-of-way access permit
will be required from Washington County.
Surface Water Management
Surface water management best practice techniques will be required with an NPDES permit.
Tree Preservation
No trees are proposed to be removed as a component of the request.
Ordinance Criteria
When reviewing conditional use permits, the Planning Commission looks to City Code Title 11-2-
9F, Criteria for Issuance of Conditional Use Permits, as the guiding doctrine for review. This
section states that in granting a CUP, the City Council shall find that:
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 surrounding
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 transpor-
tation element of the Comprehensive Plan. The use shall not create traffic congestion, 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.
The applicant's response to the ordinance criteria is attached. The City's Technical Review Com-
mittee reviewed the application based on the ordinance criteria and supported the CUP request
given the limited duration and quantity of material proposed to be imported to the property. The
benefits to the future development of the site were also noted.
Wolterstorff Grading CUP
Planning Staff Report — V2020-037
June 22, 2020
Page 5 of 7
Public Hearing Notices
The public hearing notice was published in the Saint Paul Pioneer Press on June 10, 2020 and
mailed to the 10 property owners who are within 500 feet of the property on June 11, 2020.
Recommendation
The Planning Commission should recommend that the City Council approve the conditional use
permit to import up to 150,000 cubic yards of environmentally clean gravel and black dirt fill onto
the Wolterstorff property north of Lake Robert and west of Jamaica Avenue, subject to the
following conditions:
1. The property owner and grading operator must comply with all city ordinances and policies
except as may be modified by agreement of the applicant and City staff.
2. The applicant shall obtain a right of way permit from Washington County.
3. The applicant shall obtain a grading permit from the City.
4. The applicant must follow the City's erosion and sediment control standards and City Code
Title 11-6-12.
5. The grading operator shall obtain a Minnesota Pollution Control Agency (MPCA) Construc-
tion Storm Water Permit.
6. The amount of material hauled to the site and stockpiled is limited to 150,000 cubic yards of
gravel and/or black dirt.
7. Environmental paperwork shall be kept for each load of soil or gravel imported to the site.
8. The applicant shall utilize a haul route on and off site as designated by the City Engineer.
9. The applicant shall utilize the best stormwater management practices with a detailed plan
approved by the City Engineer prior to hauling material on site.
10. 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."
11. The grading permit shall expire on June 1, 2022, or upon rezoning of the property.
12. The site shall be restored by June 30, 2022, with ground cover elevations and slopes
approved by the City Engineer.
13. The material stockpiles shall be no higher than 30 feet and must have a slope no greater
than 3 to 1 ratio.
Wolterstorff Grading CUP
Planning Staff Report — V2020-037
June 22, 2020
Page 6 of 7
14. An as -built survey of the final site grades shall be provided to the City prior to the release
of any financial guarantees.
15. 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
being 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.
16. Finished grades shall have a minimum topsoil of at least six inches and shall be seeded.
17. All exposed soils resulting from grading activities must be seeded within 10 days of the
completion of the active site grading activity. The City may approve an extension of this
deadline, but in no case shall site restoration be delayed beyond October 1.
18. Any grading which creates erosion or sedimentation problems, flooding, ponding, and/or
negatively alters water drainage must be corrected by the landowner or grading operator.
19. Land shall be developed in phases of workable size such that adequate erosion and sedi-
ment control measures can be provided as construction progresses. The smallest practical
area of land shall be exposed at any one period of time. Dust control shall be provided.
20. The toe of the two stockpiles 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 ero-
sion, 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.
21. The landowner or operator must sweep Jamaica Avenue as needed to remove any sedi-
ment 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.
22. 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.
23. Burying organic material or construction debris is prohibited.
24. Work is allowed Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturday from
9:00 a.m. to 7:00 p.m. with prior approval. No work is permitted outside of these hours or
on holidays.
Wolterstorff Grading CUP
Planning Staff Report — V2020-037
June 22, 2020
Page 7 of 7
25. The landowner and grading operator must allow City staff to enter the site to inspect the
erosion and sediment control measures required by the permit.
26. Bituminous/asphalt materials are prohibited from being buried or temporarily stockpiled on
the property.
27. Prior to grading, all trees to be preserved must be field identified and grading limits cor-
doned 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.
28. Crushing rock and other materials is prohibited.
29. Uncontrolled stormwater or sediment runoff from the site is prohibited. Runoff from the site
shall not have negative impacts to neighboring properties or right-of-way. Any damage
caused to neighboring property or right-of-way as a result of stormwater runoff shall be
repaired by the applicant.
30. The applicant shall provide a grading restoration letter of credit or escrow in the amount of
$39,450.
Prepared by:
John M Burbank, AICP
Senior Planner
Attachments:
Proposed Site Plan
Applicant's Response to the CUP Ordinance Criteria
IP
3:C
D
Black
Dr
Fill
Black
Dirt
Fill
Gravel Fill
(M Lottage Community Development Department
i iioVe 12800 Ravine Parkway South
hty meet' Cottage Grove, MN 55016
eye Ride on�pKb� www.cottagegroyemn.goy
Planning Division
Telephone: 651-458-2827
Fax: 651-458-2897
E -Mail: planning(ftottagegrovemn.gov
CONDITIONAL USE PERMIT / INTERIM CONDITIONAL USE PERMIT
RESPONSE TO ORDINANCE CRITERIA
In order"to ld iii the reyiew'pracess; please gtve "a D TAIL D res0onse to t}le.fo, (lowing or``dlnartce"criteria on:thls form
0 11 011.1 separate exhibit Your a lityto meet the cFitena is what thrr Planning Commissron/City Councij is rept ri d, In
rE, tt� be thetr review, sa be specific
A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable
standards of the Zoning Ordinance? EXPLAIN.
Yes, the common fill that will be imported will be placed along the Blvd of Jamaica Ave
B. 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. How does the proposed use fit these criteria?
The imported fill will be used for the future alignment of Jamaica Ave
C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding
property values.
The alignment of the new road
D. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to
noises, glare, smoke, dust, odor, fumes, water pollution vibration, general unsightliness or other nuisances.
Explain effects of proposed use.
We will be importing Environmentally clean fill to this site
E. 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 congestion, unsafe access, or parking needs that will
cause inconveniences to the adjoining properties. Explain the transportation needs for the proposed use.
We will importing the material in with tri -axle truck along with side dump tractor trailer hauling there
legal weights
F. The use shall be served adequately by essential public services such as streets, police, fire protection and utilities.
Explain how the proposed use will be served.
Traffic control if needed, dust control if needed and street sweeping when needed
G. 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. Justify this statement.
This statement is correct.
H. The use shall preserve and incorporate the site's important natural and scenic features into the development of
adjacent vacant land. Will these criteria be met?
Yes
I. The use shall cause minimal adverse environmental effects. List any effects.
Storm water erosion control will be in place prior to starting
Response to CUP/ICUP Criteria
Page 2 of 2
J. The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems.
N/A
K. The period(s) of time for which the Interim Conditional Use Permit is to be granted will terminate before any
adverse effects are felt upon adjacent property.
Agree
L. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated.
What measures are you intending to take to return the property to a suitable condition?
Finish grade the site and restore with grass seed
M. The use conforms to the zoning regulations. I ✓ IYes
N. What is the time frame you intend on utilizing the Interim Conditional Use Permit?
6-1-2020 to 6-1-2021 ( after this time would like to review with the city of CG for possible extension)
0. Permission of the use will not impose additional costs on the public. Are any additional public safety or public
works personnel required? How do you intend to reimburse the City?
No additional cost are for seen
P. The user agrees to any conditions that the governing body deems appropriate for permission of the use.
Yes
Applicant Name O� ot-0,1 .1 s Case