Request for an Extension of Existing Interim Use Permit for Grading and Mining Activities on Outlots A & B Elmcrest Sanctuary; Case of Oakwood Land Development Inc.

In July of 2012, Oakwood Land Development Inc. (Applicant) was granted an Interim Use Permit (IUP) for grading and mining activities on Outlots A & B, Elmcrest Sanctuary (original case attached). The IUP allowed the Applicant to export approximately 60,000 cubic yards of soil from the site to create/expand a wetland for the purposes of a wetland mitigation bank. At the time of approval of the IUP, the Applicant was still working through the permitting process with the Lower Rum River Water Management Organization (LRRWMO) and thus, the IUP was structured to expire on August 1, 2013 or six (6) months following approval by the LRRWMO, but not to exceed beyond December 31, 2013. At the public hearing in 2012, the Applicant was confident that that would provide sufficient time to complete the project.

In September of 2012, the Applicant received permit approval from the LRRWMO. However, the Applicant still needed to find a qualified contractor as well as an end market for the exported soil. That process extended beyond what had originally been anticipated, which has caused some delay in the commencement of the project and thus, the prompted this request for an extension.

All property owners within 350 feet of the Subject Property were notified of the Public Hearing via Standard US Mail. A Notice of Public Hearing was also published in the Anoka County Union.

The Applicant has now found a contractor, Forest Lake Contracting, which is not only capable of completing the project but has also agreed to be responsible for finding a 'home' for the exported soil. While it's possible that the work may still be completed in 2013, the contractor requested their contract with the Applicant to allow up to two (2) construction seasons to finalize the project, mainly to ensure time to find a home for the exported material. Thus, the Applicant has requested an extension of the existing IUP to December 31, 2014.

Through internal review of the proposal, several concerns were identified. First, the potential damage to Quicksilver Street from hauling 60,000 cubic yards of material from the site. Secondly, the potential nuisance to neighboring residential properties if the excavation and hauling was done in smaller quantities over time (only as material was needed in other jobs). Finally, the potential conflicts between park patrons and trucks hauling material from the site.

Staff is suggesting that a 'pre-excavation' meeting occur on site with the Applicant, the contractor and City Staff to review existing road conditions. The Applicant has agreed to include a term in the permit that states that at the end of the project, any road damage as a result of the hauling shall be repaired so the road is returned to the same/similar condition at the start of the project.  Staff has communicated the concerns about conflicts between hauling activities and park patrons, especially during certain tournaments, and the Applicant was agreeable to including a term in the permit to work with the City in coordinating efforts to minimize potential impacts.

In reviewing the 2012 application submittal, the work was to be conducted in one phase with excavation/grading to take about three (3) months. However, due to uncertainties relating to the final disposition of the excavated soils, the Applicant has stated that it may need to be accomplished over several smaller phases.  However, within their contract with Forest Lake Contracting is a requirement for a bond to be posted with the Applicant once the first work is done on site to ensure that the project is completed.

The Planning Commission held a public hearing on May 2, 2013 and there were no verbal or written comments received.  In reviewing the request with the Applicant, the Planning Commission determined that the concern really wasn't with the length of the permit but rather the duration of the excavation, grading and hauling activities. 

Alternative Options

1) Approve the request for an extension of the IUP. Per City Code, interim use permits can be approved for up to five (5) years.  The creation of a wetland mitigation bank within the community will be an asset for potential future private and public development projects (if they have wetland impacts). Considering that the work has yet to begin, Staff is supportive of extending the expiration date of the IUP to May 14, 2018 (five [5] years) on the condition that once excavation and hauling commences, that work be completed within twelve (12) months.

2) Deny the request for an extension and require the work to be completed in compliance with the terms of the existing IUP. Work has not yet begun on site and it may be somewhat weather dependent in terms of when it could commence this spring. There were no written or verbal comments received at the initial public hearing in 2012 opposing this request and Staff is not aware of any major changes in uses in the area that would be adversely affected by the project. Staff does not believe this option to be desirable.

The Planning  Commission recommends approval of the Interim Use Permit with the following conditions (each of which have been incorporated into the proposed Interim Use Permit):

• The IUP shall expire five (5) years from the date of City Council approval; and
• Excavating and hauling activities, once started, shall be completed within twelve (12) months; and
• The City shall be named on the contractor's bond; and
• Applicant shall be responsible for informing the City and surrounding residential properties prior to commencing excavation work.

All costs associated with the application are the responsibility of the Applicant.

Motion to adopt Resolution #13-05-068 adopting Findings of Fact relating to the request for an extension of an existing Interim Use Permit.

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Motion to adopt Resolution #13-05-069 approving the request for an extension of an existing Interim Use Permit to May 14, 2018 and declaring the terms as proposed, including the Planning Commission's recommended conditions.