07-15-2024 Planning Commission Packet

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Date Application Received: 06/19/2024 Date Application Considered as Complete: 06/19/2024 60-Day Review Period Expires: 08/18/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: 15 July 2024 Subject: #LA24-000038, Lake West Development, 3245 Wayzata Boulevard, Interim Use Permit – Material Import/Grading Public Hearing Background The applicant is currently seeking approval from the Minnesota Pollution Control Agency and Minnehaha Creek Watershed District (MCWD) to remediate the soil for contaminated materials on the site. The goal of the proposed project is to move the contaminated material on site into a large mound and cap it following MCPA guidelines. The site will then be filled with clean soil to create a buildable area for future development. The site has two large wetlands that bookend the dry land and is located between Wayzata Boulevard and Highway 12. The applicant plans to remove the trees and demolish the existing building. The existing contaminated area is roughly 9.86 acres. The project will excavate approximately 5.39 acres and consolidate the contaminated material to the landfill area of 4.28 acres. The plan identifies that the work will extend into the edges of the wetlands which will be restored to the pre-existing contours after waste removal and vegetated. The project will include approximately 67,000 cubic yards of excavated waste material; the clean soil will be spread over the contaminated material to cap the new embankment/berm and spread throughout the site. The applicant requests an Interim Use Permit for grading to create an embankment for the contaminated soil and clean soil for the remainder of the site. Applicable Regulations: Interim Use Permit (Section 78-1726) An Interim Use Permit (IUP) is required when substantial land alterations are proposed that are not associated with a construction permit. For properties greater than 5 acres, a project that disturbs over 20,000 square feet of area, results in more than 5,000 cubic yards of imported/exported material, and/or includes stockpiling of material for more than 180 days requires an IUP. The project will result in approximately 9.86 acres (429,501 sq.ft) of graded area. Interim Use Permit Analysis Staff finds that the purpose and scope of the proposed project are reasonable. The City Engineer is reviewing the project and any comments will be presented for council consideration. The project will be reviewed again at the time of the administrative grading permit. According to Code Section 78-1726, an interim use permit may be granted if the city council determines that the use will comply with the following: 1) The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the RR-1B Zoning District. This criterion is met. Application Summary: The applicant requests an Interim Use Permit to conduct grading including remediation of soil and contaminated material on site. Staff Recommendation: Planning Department Staff recommends approval. 103