Public Hearing - Dan Schluender, City Engineer
Title
Title
Granting an Interim Use Permit for a Land Reclamation Permit to Allow Removal of Excess Soil
end
Executive Summary
The City of Blaine received an application for earth removal and or land reclamation permit on June 1, 2022 from Wyatt Excavating. The contractor is proposing to remove the excess piles of soil that remain from the mining operations on the National Sports Center (NSC) property.
Background
The property owner, NSC, has excess soil remaining from the mining operations, large piles remaining on the east side of their property north of 105th Avenue. The applicant has approached the NSC to offer to remove this excess material and has applied to the city for a land reclamation permit. As there is a potential of more than 5,000 cubic yard of soil to be removed the amount triggers the need for an interim use permit.
The applicant has requested to remove this material over a 5-year period, 2022 - 2027. Staff is recommending that the applicant be allowed a timeframe of July 2022 to December 2023, after which time the applicant can reapply if there is still material to be removed and the operation has been conducted in a manner that has minimized disruption to the surrounding properties and roadways.
Staff is also recommending that the hauling route be limited to the existing onsite haul road that runs along the east side of the NSC and south to the east roundabout on 105th Avenue. See attached map.
The hours of operation for the work are limited to 7:00 AM to 9:00 PM, Monday through Friday. There will be no work allowed during the week of the large NSC soccer tournament, July 12-16, 2022 and for dates yet to be scheduled in July 2023, and the 3M golf tournament held the week of July 18-24, 2022 and as scheduled for July 2023.
The existing erosion control measures will be required to be maintained during construction, including daily watering to minimize dust. Staging of the work will be required to minimize the amount of exposed material that is subjected to wind and water erosion. The applicant will need to stabilize the site with a minimum 4 inches of topsoil, seed, and mulch. A cash escrow will be required as surety for stabilization of the project.
No physical site development is proposed, nor would it be permitted with this application other than the removal of excess material that would bring the site to the grading plan elevations last submitted by the NSC (see attached). Any subsequent site development, extension of utilities, building construction, and access improvements or other specific development approvals will require future review by the Planning Commission and City Council when those plans have been developed. Notice of this CUP application was sent to all adjacent property owners.
Strategic Plan Relationship
This item is part of the city’s strategic plan for Growth Management.
Board/Commission Review
This item was not presented to any boards or commissions. Public input will be received by council at the Public Hearing.
Financial Impact
No Financial Impact to the city for this request.
Public Outreach/Input
Notice was officially published for the calling of the Public Hearing.
Staff Recommendation
By motion, approve the Resolution granting an interim use permit.
Attachment List
Land Reclamation Application
Grading Plan
Haul Route
Body
WHEREAS, an application has been filed by Wyatt Excavating on behalf of the National Sports Center as Interim Use Permit Case File No. 22-0044; and
WHEREAS, the Blaine City Council has reviewed said case on July 6, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a interim use permit is hereby approved per Section 33.05 of the zoning ordinance for a Land Reclamation Permit based on the following conditions:
1. Applicant to follow the attached grading plan for final grade elevations. Only designated soils shall be exported, and no material shall be brought to the site.
2. No more than one (1) acre of area can be disturbed without being protected from erosion. Permanent restoration must be established within 14 days of final grade and area shall include 4” topsoil, seed and mulch.
3. Applicant to maintain existing erosion control devices.
4. Applicant shall abide by the hours of operation of 7:00AM-9:00PM Monday-Friday and 7:00AM-4:00PM Saturdays as approved by the City at the request of the applicant.
5. All site work must be completed by December 2023.
6. Interim use permit may be revoked by the City at the City’s sole discretion in 2023 upon 30 days notice to the applicant.
7. Applicant shall post a $10,000 cash escrow to ensure the successful completion of the work and site stabilization.
PASSED by the City Council of the City of Blaine this 18th day of July 2022.