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HomeMy WebLinkAbout2022-081 CCR Member Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-81 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2022-005, SUBMITTED BY JOSLYN MANUFACTURING COMPANY LLC FOR ISSUANCE OF A SPECIAL USE PERMIT FOR A SOIL REMEDIATION PROJECT WITHIN THE 100-YEAR FLOODPLAIN FOR OPERABLE UNIT 5 OF THE JOSLYN SITE (PROPERTY IDS: 10-118-21-23-0007, 10-118-21-32-0058, and 10-118-21-32- 0059) WHEREAS, Joslyn Manufacturing Company LLC ("the Applicant") is requesting issuance of a Special Use Permit to allow for the completion of a soil remediation project within the 100-year floodplain that would allow for the removals of certain contaminated soils relating to the former operation of the Joslyn Manufacturing Company, placement of clean fill, and restoration of the Subject Property, which encompasses approximately 11.7 acres and is situated with Middle Twin Lake to the west, an industrial building (4837 Twin Lake North) to the east, railroad right-of-way to the north,and residentially-zoned properties located off the northern extent of Twin Lake Avenue North to the south; and WHEREAS,said Subject Property is currently undeveloped and comprised of three parcels owned by the Applicant that are unaddressed,but for identification purposes are identified with the following Property IDs and legal descriptions:10-118-21-23-0007 (Outlot A, Joslyn Addition), 10-118-21-32-0058 (Lot 7, Block 6, Lakebreeze Addition), and 10-118-21-32-0059 (Lot 8, Block 6, Lakebreeze Addition); and WHEREAS, the aforementioned Subject Property is also identified as "Operable Unit 5"or"OU5"within submittal documentation as it is considered part of the Joslyn Superfund Site,which was listed on the federal National Properties List(NPL) in 1984 by the Environmental Protection Agency (EPA), and the Minnesota Superfund list, referred to as the Permanent List of Properties (PLP) in 1985; and WHEREAS, the submittal, as contemplated under Planning Commission Application No. 2022-005, is part of a federal EPA mandated project that was delegated to the Minnesota Pollution Control Agency(MPCA)for oversight and execution of the approved Record of Decision cleanup goals for the Subject Property, which would entail the excavation of approximately 30,000 cubic yards of soil, with approximately 10,000 cubic yards to be consolidated on-site and capped, and the remaining approximately 20,000 cubic yards taken off- site for proper disposal at a designated landfill; and WHEREAS,as the Applicant intends to maintain ownership of the Subject Property with no plans for future development, the Subject Property would be subsequently restored with native seeding,trees, and shrubs, and a new permanent fence installed; and RESOLUTION NO. 2022-81 WHEREAS,following a review of the proposal and the Subject Property's location within the designated 100-year floodplain, it was determined that the Applicant would require issuance of a Special Use Permit per Section 35-2100 (Floodplain Management) of the City Code of Ordinances, as the project proposal exceeds the placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation); and WHEREAS, a public hearing notice was initially submitted to the Brooklyn Center Sun Post for publication on July 28,2022 and notifications mailed to property owners and residents within vicinity to the Subject Property,per state statute and City Code requirements;however,the Planning Commission failed to meet quorum at their meeting and scheduled public hearing on August 11, 2022 and therefore a recommendation could not be provided; and WHEREAS, a new public hearing notice was submitted for publication on August 11, 2022, and for the City Council meeting scheduled for August 22, 2022, and updated notifications mailed to property owners and residents within vicinity of the Subject Property; and WHEREAS,the City Council of the City of Brooklyn Center,Minnesota held a duly noticed and called public hearing on August 22,2022,whereby a planning staff report was presented and public testimony regarding the Special Use Permit request were received; and WHEREAS,the City Council of the City of Brooklyn Center,Minnesota considered the Special Use Permit request in light of all testimony received,the general guidelines and standards for evaluating this Special Use Permit contained in Section 35-220 (Special Use Permit) and the floodplain standards for issuing a Special Use Permit as outlined under Section 35-2100 (Floodplain Management), and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan; and WHEREAS, in light of all testimony received, the City Council of the City of Brooklyn Center,Minnesota did determine that Planning Commission Application No. 2022-005, submitted by Joslyn Manufacturing Company LLC may be granted after demonstration by evidence that all of the following standards are met as outlined under Section 35-220.2 (Standards for Special Use Permits): a. The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort; b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; d. Adequate measures have been or will be taken to provide ingress, egress, and RESOLUTION NO. 2022-81 parking so designed as to minimize traffic congestion in the public streets; and e. The special use shall, in all other respects,conform to the applicable regulations of the district in which it is located; and WHEREAS,Planning Commission Application No.2022-005,submitted by Joslyn Manufacturing Company LLC, may further be granted after demonstration by evidence that all of the following standards for issuing a Special Use Permit within the floodplain, and as outlined under Sections 35-2100.5.3 (Floodplain Management-Flood Fringe (FF) District Special Uses), 35-2100.10.4 (Floodplain Management Administration-Special Uses), and 35-2100.10.3.e (Floodplain Management Administration-General Considerations), which addresses the following factors in granting special uses in floodplains, are met: 1. The potential danger to life and property due to increased flood heights or velocities caused by encroachments; 2. The danger that materials may be swept onto other lands or downstream to the injury of others; 3. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination, and unsanitary conditions; 4. The susceptibility of any proposed use and its content to flood damage and the effect of such damage on the individual owner; 5. The importance of the services to be provided by the proposed use to the community; 6. The requirements of the facility for a waterfront location; 7. The availability of viable alternative locations for the proposed use that are not subject to flooding; 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the Comprehensive Land Use Plan and floodplain management program for the area; 10. The safety of access to the property in times of flood for ordinary and emergency vehicles; and 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that Planning Commission Application No. 2022-005, submitted by Joslyn Manufacturing Company LLC for the issuance of a Special Use Permit for completion of a soil remediation project within the 100-year floodplain, and identified by the following Property IDs and legal descriptions:10-118-21-23-0007 (Outlot A, Joslyn Addition), 10-118-21-32-0058 (Lot 7, Block 6, Lakebreeze Addition), and 10-118-21-32-0059 (Lot 8, Block 6, Lakebreeze Addition), may be approved subject to the following conditions: RESOLUTION NO. 2022-81 1. The Applicant shall apply for and receive issuance of a City Grading/Land Disturbance permit from the City of Brooklyn Center prior to the start of any work. 2. The Applicant agrees to comply with all conditions, provisions, and requests for revisions and additional plan sets as noted in the City Engineer's review memorandum,dated August 5, 2022. a. Complete and revised plans shall be submitted for review, including: existing conditions, access and staging, removals, site plan, grading, drainage, and erosion control plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. b. Revise location of the permanent fence and landscape screening to be located outside of the existing City right-of-way at the north end of Twin Lake Avenue North. c. A pre-construction conference shall be scheduled and held with City staff and other entities designated by the City. 3. The Applicant shall obtain approvals from any required external agencies, as necessary, including, but not limited to: Shingle Creek Watershed Management Commission, Minnesota Wetland Conservation Act, and Minnesota Department of Natural Resources. Any external permits or approvals with forthcoming expiration dates shall be re-applied for and either re-approved or extensions granted prior to the conducting of any work. August 22, 2022 Date Mayor �rr ATTEST: [UU' � 11 EA l City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence-Anderson and upon vote being taken thereon,the following voted in favor thereof: Butler, Graves,Lawrence-Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.