Black Cherry Development LLCPlanning Commission January 5, 2021
City Council January 25, 2021
Applicant: Black Cherry Development LLC
requesting an Interim Use Permit (IUP) for excavation of AN existing wetland along with excavated borrow being placed on a location within the parcel.
Planning Case #2021-03
Black Cherry Development LLC
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Location: West of Great Plains/East of Eagle Ridge Road
Zoned: Agricultrual Estate District (A-2)
Guided: Residential Low Density
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Existing Site
LEGEND
Wetland
State Storm
BMP
N
Existing Home
Trunk Highway 101
Eagle Ridge Road
Impacted properties:
Outlot E, Foxwood (PID 25990510, 1.66 acres)
Outlot A, Butternut Ridge Addition (PID 25155022, 112.78 acres)
9197 Eagle Ridge Road (PID 250240811, 3.67 acres))
Large wetlands on-site
State owned and maintained stormwater BMP on site
Wetland to be Dredged
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On November 19, 2020, the applicant submitted an application for a No-Loss Application to the City.
Excavation is proposed in types 1, 2, and 6 wetlands.
The Wetland Conservation Act does not regulate excavation in these wetland types.
As long as excavation is limited to these wetland types and does not exceed 6.5-feet in depth, this project would not be regulated by the WCA.
As such, the Notice of Decision for the No-Loss Application was issued by City staff on 12/22/2020.
Wetland Impact (WCA)
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Because of this No-Loss Determination, no Wetland Alteration Permit is necessary for this project.
Section 20-407 of the City Code states: “activities exempted by Minnesota Rules Chapter 8420.0122 or determined to result in no net loss of wetlands shall be exempted from the provisions
of this article. However, certificates of exemption or no loss must be obtained from the city prior to starting work”
Wetland Impact (WAP)
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Proposing approximately 21,200 cubic yards of excavated material from Wetland 2
To be completed during winter conditions when ground/area is frozen
No net increase or decrease in the footprint of wetland
Excavation is adjacent to single-family homes (Foxwood), hours of operations are conditioned to be the same as major land development (Sec. 13-52.(c))
Land disturbance will exceed one (1) acre of disturbance, thus the MPCA’s General Construction Permit required
Existing Residential Neighborhood
(Foxwood)
Grading Plan
6
Proposed haul route feasible, staff would have recommended different alignment and location, however haul route has been pre-cleared by applicant
Spoil material from pre-clearing were staged in Wetland 3, and shall be removed
Proposed haul route adjacent to wetlands will require double rows of erosion control BMPs, plans to be updated accordingly
Location of stockpile to be surveyed prior to placement of spoils and after (anticipated to not be structural fill)
Hauling & Stockpiling
LEGEND
Excavation Area
Haul Route
Stockpile Area
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Wetland Buffer and Haul Route Impacts
Wetland buffer area and haul route area pre-cleared will be required to be incorporated in the applicant’s restoration plan in association with this IUP
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Planning Commission
The Planning Commission held a public hearing on January 5, 2021 to review the proposed project. The Planning Commission voted 5 – 0 with one member recused on a motion recommending
approval of the project subject to the recommended conditions of approval.
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MOTION
City Council approves:
The Interim Use Permit to allow site grading subject to the recommended conditions of approval;
And
Adoption of the Findings of Fact.
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Development Concept Plan 11/18/2020
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