04-15-2019 Planning Commission Packet

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FILE#LA19-000025 April 15,2019 Page 3 of 7 Landscaping Master Plan Proposed Modifications required Applicable Regulations: Development of a Planned Residential Unit Development is governed by Division 11 of the City Code, attached as Exhibit O. Interim Use Permit Land Alterations at the scale proposed and anticipated requires an Interim Use Permit as outlined in the attached Subdivision I of the City Code,Exhibit N. The subject site is a documented, closed landfill. In mitigating the landfill (removal of material), it is expected that import/ export of material will be in excess of 500 cubic yards. The removal/ mitigation of this material must be handled carefully to avoid contamination of the water table and surface waters. The developer has prepared and submitted a Response Action Plan(Exhibit H)to the Minnesota Pollution Control Agency(MPCA)for review and comment. The MPCA will advise the City on the appropriateness of that response. Applicable Regulation: Interim Use Permit(Section 78-1726) The Planning Commission may recommend and the Council may grant an Interim Use Permit (IUP). On the basis of the application and the evidence submitted, the city council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; The truck and excavation activity will be intense and may impact adjacent properties, though due to the separated nature of the property, these impacts will be minimal when compared to other parcels. 2) The use is allowed as an interim use in the applicable zoning district; The removal of fill is permitted. 3) The use will not delay anticipated development or redevelopment of the site; The activity is being done to support development of the site. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; This statement is true. 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The activity is being contemplated to address issues with soil quality. 6) The use will not impose additional unreasonable costs on the public; All costs are the responsibility of the applicant. Additional city resources are not contemplated. 7) The date or event that will terminate the use can be identified with certainty; The IUP will cease when the landfill is removed and the site restored to grade. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. A development agreement will be commenced between the property owner and the city as part of the overall site development.