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HomeMy WebLinkAbout06.11.24 Planning Packet Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION Tuesday, June 11, 2024 7:00 PM Page 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. Approve Planning Commission Minutes Approve the minutes from the May 14, 2024 regular meeting. Agenda Item: Approve Planning Commission Minutes - Pdf 3 - 10 3. PUBLIC HEARINGS 3.1. 1. Petition to rezone property from A-1 (Agriculture) to MUCI (Mixed Use Commercial/Industrial) - PID's 07-00500-76-011 and 07-00500-76-012 - CONTINUED 2. Petition to rezone property from B-1 (Highway Business), R-1 (Low Density Residential), R-2 (Low/Medium Density Residential), R-3 (Medium Density Residential) and P/OS (Park and Open Space) to MUCI (Mixed Use Commercial/Industrial) - 2830 220th Street W - CONTINUED At the request of the applicant, table the public hearing until further notice. Agenda Item: 1. Petition to rezone property from A-1 (Agriculture) to MUCI (Mixed Use Commercial/Industrial) - PID's 07-00500-76-011 and 07-00500-76-0 - Pdf 11 3.2. Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development Recommend approval of the Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development contingent upon the following: 1. The satisfaction of all engineering comments/requirements including construction plans for grading, stormwater, and utilities. Agenda Item: Vermillion Commons 4th Addition Preliminary Plat and 12 - 35 Page 1 of 45 Planned Unit Development - Pdf 3.3. Petition to rezone properties from MUCI (Mixed Use Commercial/Industrial) to I (Industrial) PID# 14-25852-00-010 PID# 14-25852-00-020 Recommend approval of the rezoning of Outlot A (PID# 14-25852-00- 010) and Outlot B (PID# 14-25852-00-020) Farmington Industrial Park 3rd Addition from MUCI (Mixed-Use Commercial/Industrial) to I (Industrial) and forward that recommendation on to the City Council. Agenda Item: Petition to rezone properties from MUCI (Mixed Use Commercial/Industrial) to I (Industrial)PID# 14-25852-00-010PID# 14- 25852-00-020 - Pdf 36 - 40 4. DISCUSSION 4.1. Discussion on Cannabis Businesses and Zoning Discuss the potential location(s) of cannabis related businesses within the City's zoning districts. Agenda Item: Discussion on Cannabis Businesses and Zoning - Pdf 41 - 45 5. ADJOURN Page 2 of 45 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Approve Planning Commission Minutes Meeting: Planning Commission - Jun 11 2024 INTRODUCTION: Attached, are the minutes from the May 14, 2024 regular meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes from the May 14, 2024 regular meeting. ATTACHMENTS: May 14, 2024 PC Minutes Page 3 of 45 CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING MAY 14th, 2024 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00pm Members Present: Rotty, Lehto, Tesky, Windschitl, Snobeck Staff Present: Tony Wippler, Planning Manager Jared Johnson, Planning Coordinator Deanna Kuennen, Community and Economic Development Director 2. APPROVAL OF MINUTES MOTION by Tesky, second by Lehto to approve minutes of Planning Commission for April 9th, 2024 regular meeting. APIF MOTION CARRIED 3. PUBLIC HEARINGS Chair Rotty opened all public hearings 3.1 Ordinance Amendments to Titles 4 and 10 of the Farmington City Code –Withdrawal. Planning Coordinator Jared Johnson requested the commission accept the withdrawal and close the public hearing for ordinance amendments to Titles 4 and 10 of the Farmington City Code. MOTION by Windschitl, second by Snobeck to accept withdrawal and close the public hearing. APIF MOTION CARRIED 3.2 1. Petition to rezone property from A-1 (Agriculture) to MUCI (Mixed Use Commercial/Industrial) - PID's 07-00500-76-011 and 07- 00500-76-012 2. Petition to rezone property from B-1 (Highway Business), R-1 (Low Density Residential), R-2 (Low/Medium Density Residential), R-3 (Medium Density Residential) and P/OS (Park and Open Space) to MUCI (Mixed Use Commercial/Industrial) - 2830 220th Street W Planning Manager Tony Wippler presented the requests for rezoning for these parcels, the proposed use of these parcels is for a master planned technology park, which is a permitted use in the MUCI zoning district. He explained the City is in process of a mid-cycle comprehensive plan amendment. The amendment will include guiding all three of these parcels as Mixed Use (Commercial/Industrial). The rezoning will be contingent upon approval of the comprehensive plan amendment being approved by the City Council and ultimately the Metropolitan Council. Chair Rotty opened up the public discussion. • Alan Catchpool from Kimley Horn Engineering on behalf of Tract, introduced himself and stated he is available to answer questions. Page 4 of 45 • Resident Nathan Ryan 22390 Cambrian Way - made statement for the record. “We believe the request to change the zoning of the Olsen property also known as Fountain Valley Golf Course is not in the best interest of anyone that surrounds this parcel. We believe that by re-zoning this property the city is creating and island of mixed-use commercial, which could also be an illegal use of zoning known as spot zoning and does not follow the guiding principals adopted in the comprehensive plan. We also believe that re-zoning this parcel is against the orderly annexation agreement (OAA) between City of Farmington and Castle Rock Township.” He then explained additional reasons they believe this would not be a good decision for the community and property owners. • Cathy Johnson on Berring Ave. -shared they have created a citizens group regarding this proposal. She discussed the School District 192 property sale being used as Data Center Campus and the concerns of the impact from it including noise, water usage and electricity. She is opposed to the re-zoning in the location proposed to accommodate data centers. • Jeffrey Schottler 22420 Calico Ct. - shared environmental and safety concerns as it is adjacent to his property. He voiced concern about putting commercial and/or industrial in between two neighborhoods. • Eszter Varga 3094 225th St. - discussed property tax concerns about tax credits and impacts on residents and assessment for the residents. She supports diversifying in the community but not in between residential areas. • Jamie Williams 22315 Berring Ave. – voiced concerns about the water usage and other environmental issues. • Andy Berg resident since 2005 – asked planning commission to vote no for re-zoning. Discussed concerns with spot zoning. • Jason Folger 3015 224th St. – stated a data center does not promote sustainability and does not protect natural resources. • Stefan Petrashek 2982 225th St W. – discussed how when purchased home the 2040 plan was for residential. • Terrie Pearson 2475 225th St W – hopes the planning commission does it due diligence to ensure decision is good for all citizens. • Lynn Greenslit 22405 Berring Ave. – has been here for 40 years and does not think the Data Center is good. Her horse and riding is impacted by the surroundings. • Gina Trebil 22402 Calico Ct. – shared concerns for the home values decreasing. • Ryan Pietsch 22272 Cambrian Way – stated this is not the place for industrial lots. He has had issues with the industrial behind him. Page 5 of 45 • Susan Ferrozzo 1646 240th St. W – shared a letter of petition of objection in the re-zoning of School District 192 Angus Farm and Fountain Valley Golf course. Chair Rotty explained for community members that the planning commissions duty is to review and make recommendations to the City Council, the City Council has the final decision regarding re-zoning applications. • Nancy Cassa Beaumont Ave. – was concerned about not being communicated with and finding out through social media. • Mo Feshami 2528 220th St. – He designed data centers in his career and offered his knowledge. His concerns are about the cooling and not being efficient. Requests that they have more information before making decisions. • Justin Wiles 22240 Cambrian Way – Wants to remind that he likes having it be a quiet, small community and does not think data center is good fit. • Dorraine Dorneman 22295 Albatross Circle – shared concern about water shortages (gave examples of droughts in the past). • Diana Bell 1109 Maple St. – Questioned conserving water and the protected ponds. • Gerry Risto 516 Lower Heritage Way – concerned about the school district sale of property and not being transparent with the sale and planned use. Resident asked where water supply will come from Empire or Farmington? Planning Manager Tony Wippler answered from the city system. • Dan May 22665 Berring Ave. - asked if the Planning Commission has opinions yet for approval. Chair Rotty explained this is just the public hearing, they will review after this meeting before making any decisions. • Denise May 22665 Berring Ave. – asked what is next in the process? Chair Rotty asked Planning Manager Tony Wippler and he said they will send out additional notifications. He explained the city code for notifying residents. • Gary Johnson 22280 Berring Ave. – requested the notification be expanded to include a bigger area. • Bruce Betzold 22248 Cambrian Way – concerned about being surrounded by data centers on both sides of neighborhood. • Jennifer Motzko 407 11th St. – discussed the long-term effects, and plan when becomes obsolete. Chair Rotty explained that they are not reviewing site plans, just reviewing changing the zoning in this meeting. He discussed that the commission understands how quickly this came up and they will continue to research before presenting a recommendation to City Council. He recommends a continuance. Page 6 of 45 Commissioner Tesky stated she is looking to see what the infrastructure will look like to support the technology park and plans for sustainability, she is recommending a continuance. Commissioner Windschitl agrees with the other members for a continuance and is looking for more information about benefits of the data center to the city. Commissioner Lehto also agrees to delay in making any decisions until they can review further. She asked Planning Manager Tony Wippler to explain the 2040 Comp Plan and timelines. He reviewed the process and explained why they looking to make updates to the plan. Commissioner Snobeck would like to look further into the water usage and sustainability. Chair Rotty requested additional information for the utilities, plans for water usage and sustainability. Community Development Director Deanna Kuennen shared that there will be a “training” session with a consultant (President of Afcom) to help explain processes for the environmental review etc. A neutral 3rd party expert will be there to educate on technologies etc. MOTION by Windschitl, second by Snobeck to continue public hearing until June 11th meeting. APIF MOTION CARRIED Chair Rotty called for a recess until 9:20 pm. Chair Rotty called the meeting back to order at 9:20 pm. 3.3. Preliminary and Final Plat, Conditional Use Permit, and Three Variances to Construct a 168-Unit Apartment Building at the Northwest Corner of Dushane Parkway and Spruce Street. Planning Coordinator Jared Johnson presented request for variance. PLAT REVIEW • Re-plat part of the “square-a-bout” (Outlot J) and existing 15 acre parcel owned by Hy-Vee ( Outlot C) of the Vermillion River Crossings plat into two parcels. • Newly dedicated street on northside of Lot 2, extension of Spruce Street south of Lot 2. • Lot 1 to be 11 acres • Lot 2 to be 3.5 acres • Newly dedicated right-of-way to be 5.25 acres • Vacation of right-of-way from “Outlot J” is scheduled for the May 20th City Council meeting CUP SITE PLAN REVIEW • Apartment Buildings are a conditional use in SSMU zoning District • 4-story, 168 units at market rate • Mix of studio, 1bed, 1 bed plus den, 2 bed and 3 bed Page 7 of 45 • Balconies, surface and underground parking, bicycle parking, fitness center, outdoor amenity space and dog run • 252 parking spaces required, 252 parking spaces proposed VARIANCE REVIEW • Variance for building height. Max allowed is 40 feet, proposed is 53 feet 9inches. High water table requires elevated underground parking • Variance for parking lot setback from both the north and west property line. Minimum 10-foot setback, 5-foot setback proposed. Necessary to meet parking requirements. • Meets all other zoning requirements. ACTION REQUESTED 1. Motion to recommend the City Council approve the requested combined preliminary and final plat for Vermillion River Crossings 3rd Addition subject to the following conditions: • The vacation of right-of-way from a portion of “Outlot J” in the Vermillion River Crossings Plat is approved by City Council • The dedicated “new street” shall have its named changed to 214th St. W and be reflected as such on the preliminary and final plat • All engineering comments are satisfied • A development contract between the developer and the Cit of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. 2. Motion to approve the requested conditional use permit and three variances to construct and apartment building at the northwest corner of Dushane Parkway and Spruce Street subject to the following conditions: • The preliminary and final plat for Vermillion River Crossings 3rd Addition is approved by the City Council • All necessary building permits are obtained • A sign permit shall be obtained for any exterior signage • All Engineering comments are satisfied • An exterior lighting plan is submitted and approved by Planning staff Chair Rotty opened up public hearing. Sheldon Berg with DJR Architecture is available for questions. • Peggy Moore Vermillion River Crossings – concerned about the water table. Chair Rotty verified the engineering has been thorough, Planning Manager Tony Wippler stated the applicant has done a geotechnical report and submitted to the City • Blanche Riker Vermillion River Crossings – concerned about traffic and noise, Planning Coordinator Jared Johnson explained where the new road entrance will be. Page 8 of 45 • Terry Lomas 21400 Dushane Pkwy – questioned if all units will be market rate and are they going to replace any greenspace Planning Manager Tony Wippler explained there will be a better use of the greenspace versus in the square-a-bout. She also had concerns for traffic and requesting a stop light to get onto HWY 50, Tony explained the county is the authority for HWY 50 Chair Rotty asked commissioners if they have any questions. Commissioner Tesky had concerns around the variances, they explained the parking is not a concern they did calculations based on the types of units and it was adequate. The height variance was done to match the Vermillion Crossings pitched roof and due to raising out of the water table. The project would not be viable as a three-story building. Chair Rotty verified there is enough parking for guests as well. Commissioner Windschitl verified there is no on street parking planned on Dushane Pkwy. He also asked about security access, they run off fob system. Commissioner Lehto confirmed that there are ADA entrances and units. She also asked if they know what the rates will be, he answered not at this time. She asked what timeline for starting construction is, goal is to start end of this summer. Commissioner Snobeck inquired about the setbacks possibly creating any concerns for sidewalk safety, Jared responded with no concerns. MOTION by Windschitl, second by Lehto to close the public hearing. APIF MOTION CARRIED MOTION by Windschitl , second by Snobeck for a favorable recommendation to City Council approve the combined preliminary and final plat for Vermillion River Crossings 3rd addition. APIF MOTION CARRIED MOTION by Lehto, second by Windschitl to approve conditional use permit and three variances with five contingencies. APIF MOTION CARRIED 4. DISSCUSION - None MOTION by Snobeck, second Tesky to adjourn at 10:03 pm. APIF MOTION CARRIED Page 9 of 45 Respectfully submitted, Tony Wippler, Planning Manager Page 10 of 45 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: 1. Petition to rezone property from A-1 (Agriculture) to MUCI (Mixed Use Commercial/Industrial) - PID's 07-00500-76-011 and 07-00500-76-012 - CONTINUED 2. Petition to rezone property from B-1 (Highway Business), R-1 (Low Density Residential), R-2 (Low/Medium Density Residential), R-3 (Medium Density Residential) and P/OS (Park and Open Space) to MUCI (Mixed Use Commercial/Industrial) - 2830 220th Street W - CONTINUED Meeting: Planning Commission - Jun 11 2024 INTRODUCTION: The public hearing regarding the above referenced rezonings was opened at the May 14, 2024 regular meeting. The Commission continued this hearing to the June 11, 2024 regular meeting. DISCUSSION: The applicant is requesting to have these petitions tabled at this time as they are intending to apply for Preliminary Planned Unit Development and Preliminary Plat and the rezoning petitions would then be considered along with those new applications. Staff will re-notice the public hearing as part of the new applications as well. Staff will work with the applicant to extend the 60-day timeframe for application review. BUDGET IMPACT: Not applicable ACTION REQUESTED: At the request of the applicant, table the public hearing until further notice. Page 11 of 45 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development Meeting: Planning Commission - Jun 11 2024 INTRODUCTION: U.S. Home, LLC (Lennar) has submitted an application for Preliminary Plat and Planned Unit Development review for Vermillion Commons 4th Addition which is located to the immediate west of the Vermillion Commons townhome community near the intersection of Denmark and 220th Street W (see attached location map). The proposal for the property consists of a total of 134 residential units on 26 gross acres. DISCUSSION: Vermillion Commons 4th Addition Preliminary Plat As shown on the plat (attached), the developer proposes 68 single-family lots and 66 townhome lots on 20.3 net acres (26 acres gross) of land with a net density of 6.6 units per acre. The single- family lots are located on the north and west side of the development and the townhomes units are located at the southeast side of the development. Stormwater ponding will be located on the west side of the development, adjacent to the Dakota County Conservation Area. The minimum lot area proposed for the single-family lots is 4,800 square feet with an overall average lot size of 6,198 square feet in the development. The minimum lot width and depth of the single-family lots will be 40 feet and 120 feet, respectively. The minimum setbacks proposed for the development are: Single-family Front yard setback: 25 feet Side yard interior setback: 6 feet Side yard corner setback: 20 feet Rear yard setback: 25 feet Townhome Minimum setback from roadway: 25 feet There are a total of 5 outlots shown on the Preliminary Plat labeled A-E and are described as follows: Page 12 of 45 -Outlot A is 1.5 acres in size and will be dedicated as parkland with the final plat. -Outlot B is 4.1 acres in size and will consist of stormwater ponding. -Outlot C is 1.36 acres and consists of private road. -Outlots D&E total 2.9 acres and consists of common area for the townhomes. Transportation & Parking The developer proposes three access points for the development. Both Lilac Drive and 218th Street W will be extended from the Vermillion Commons townhome development located to the east and Poppy Drive will connect into 220th Street W on the south side of the development. All public roads (Lilac Drive, 218th Street W, Poppy Drive and Poppy Lane) will consist of a 60 foot right-of-way with a 32 foot wide roadway. The private streets within the townhome portion of the development will be 24 feet in width. The private streets will have to be signed no on-street parking. Townhome dwellings require 2 off street parking stalls per unit. Each townhome unit will provide a double car garage. Additionally, the townhome driveways will be a minimum of 25 feet in length allowing for additional parking on the driveway. The developer is also proposing an additional 26 off street "visitor" parking spaces throughout the townhome portion of the development. Parks, Trails and Sidewalk A 1.5 acre park is proposed on the north end of the development (Outlot A). This is contiguous to additional land owned by the City in the Vermillion Commons townhome development to the east. Five foot wide sidewalk is proposed on the west side of Lilac Drive, south side of 218th Street W, and on the east side of Poppy Drive. Dakota County has a 12 foot wide trail, drainage and utility easement that was granted in 2022 that runs along the west and north property boundary. This easement will have to be shown on the final plat. Engineering The Engineering Department has reviewed the preliminary plat and has recommended approval of the plat contingent upon the satisfaction of engineering requirements and comments. The developer has been informed that before review of the final plat is performed, all engineering requirements and comments must meet the satisfaction of the Engineering Department. Preliminary Planned Unit Development The subject property is currently zoned R-3 (Medium Density Residential) and is proposed to be rezoned to R-3 PUD. The proposed deviations with this planned unit development are as follows:  Allowing single-family dwellings within the R-3 zoning district.  Reducing minimum lot area for single-family lots to 4,800 square feet.  Reducing minimum lot width for single-family lots to 40 feet.  Increasing minimum front yard setback for single-family lots to 25 feet Page 13 of 45  Increasing rear yard setback for single-family lots to 25 feet.  Increasing the maximum lot ("building") coverage for single-family lots to 45 percent.  The allowance of private streets.  Reduced width of private streets to 24 feet. BUDGET IMPACT: Not applicable ACTION REQUESTED: Recommend approval of the Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development contingent upon the following: 1. The satisfaction of all engineering comments/requirements including construction plans for grading, stormwater, and utilities. ATTACHMENTS: VC4th Location Map 23997 - Vermillion Commons 4th Prelim Plat and Plans Page 14 of 45 Nearmap U‘S1m,Dakota County N Page 15 of 45 W E T L A N DVE R M I L L I O N R I V E R Pa g e 1 6 o f 4 5 VE R M I L L I O N R I V E R Z O N E A E % A 6 E ) L O O ' E L E 9 A T I O N 6 ' E T E R M I N E ' ZONE X AREA6 O)  ANN8AL &+AN&E )LOO' Z O N E X A R E A 6 ' E T E R M I N E ' T O % E O 8 T 6 I ' E T + E     A N N 8 A L & + A N & E ) L O O ' P L A I N Pa g e 1 7 o f 4 5 29 9 9 W E S T C . R . 4 2 , S U I T E 1 0 0 , B U R N S V I L L E , M N 5 5 3 0 6 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S VE R M I L L I O N C O M M O N S 4 T H A ' ' I T I O N FA R M I N G T O N , M I N N E S O T A PR E L I M I N A R Y P L A T FO R LE N N A R 16 3 0 5 3 6 T H A V E N , S U I T E 4 0 0 , P L Y M O U T H , M N 5 5 4 4 6 'RAWN BY 'ATE REVISIONS PLM 3/20/2024 CA' FILE 23997pp.dwg PRO-ECT NO. 23997-00 C2.0 Ja m e s R . H i l l , I n c . Outlot E, VERMILLION VALLEY DEVELOPMENT, Dakota County, Minnesota PROPERTY DESCRIPTION DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THIS PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT E, VERMILLION VALLEY DEVELOPMENT WHICH IS ASSUMED TO HAVE A BEARING OF N 00°48'47" EPa g e 1 8 o f 4 5 29 9 9 W E S T C . R . 4 2 , S U I T E 1 0 0 , B U R N S V I L L E , M N 5 5 3 0 6 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S VE R M I L L I O N C O M M O N S 4 T H A ' ' I T I O N FA R M I N G T O N , M I N N E S O T A PR E L I M I N A R Y P L A T FO R LE N N A R 16 3 0 5 3 6 T H A V E N , S U I T E 4 0 0 , P L Y M O U T H , M N 5 5 4 4 6 'RAWN BY 'ATE REVISIONS PLM 3/20/2024 CA' FILE 23997pp.dwg PRO-ECT NO. 23997-00 C2.1 Ja m e s R . H i l l , I n c . DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THIS PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT E, VERMILLION VALLEY DEVELOPMENT WHICH IS ASSUMED TO HAVE A BEARING OF N 00°48'47" EPa g e 1 9 o f 4 5 29 9 9 W E S T C . R . 4 2 , S U I T E 1 0 0 , B U R N S V I L L E , M N 5 5 3 0 6 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S VE R M I L L I O N C O M M O N S 4 T H A ' ' I T I O N FA R M I N G T O N , M I N N E S O T A PR E L I M I N A R Y P L A T FO R LE N N A R 16 3 0 5 3 6 T H A V E N , S U I T E 4 0 0 , P L Y M O U T H , M N 5 5 4 4 6 'RAWN BY 'ATE REVISIONS PLM 3/20/2024 CA' FILE 23997pp.dwg PRO-ECT NO. 23997-00 C2.2 Ja m e s R . H i l l , I n c . DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THIS PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT E, VERMILLION VALLEY DEVELOPMENT WHICH IS ASSUMED TO HAVE A BEARING OF N 00°48'47" EPa g e 2 0 o f 4 5 SB-1 Pa g e 2 1 o f 4 5 ESTIMATED EROSION AND SEDIMENT CONTROL QUANTITIES VERMILLION COMMON - FARMINGTON, MN TYPE OF PROJECT: RESIDENTIAL TYPE OF WORK: Mass Grading, Utility and Street Construction, Paving. Subsequently, Joint Trench and Home construction will occur. TOTAL PLATTED AREA: 25.93 AC TOTAL DISTURBED AREA: 23.72 AC PROPOSED (DESIGN) IMPERVIOUS AREA:10.76 AC SPECIAL WATERS: The site is LOCATED within a 1-mile radius of a special or impaired water. TROUT STREAMS M-049 AND M-049-12 This stream is identified in Minn R. 6264.0050, subp. 4 as a trout stream. Projects discharging to trout streams must incorporate the additional best management practices (BMPs) found in items 23.9, 23.10, 23.11 and 23.12 of the permit if the project has a discharge point on the project within 1 mile (aerial radius measurement) of, and flows to the trout stream. 23.9: Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. 23.10: Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. 23.11: Permittees must include an undisturbed buffer zone of not less than 100 linear feet from a special water (not including tributaries) and must maintain this buffer zone at all times, both during construction and as a permanent feature post construction, except where a water crossing or other encroachment is necessary to complete the project. Permittees must fully document the circumstance and reasons the buffer encroachment is necessary in the SWPPP and include restoration activities. This permit allows replacement of existing impervious surface within the buffer. Permittees must minimize all potential water quality, scenic and other environmental impacts of these exceptions by the use of additional or redundant BMPs and must document this in the SWPPP for the project. 23.12: Permittees must design the permanent stormwater treatment system so the discharge from the project minimizes any increase in the temperature of trout streams resulting from the one (1) and two (2) year 24-hour precipitation events. IMPAIRED STREAMS WITH ADDITIONAL CONSTRUCTION REQUIREMENTS: VERMILLION RIVER AND UNNAMED CREEK This river segment has an EPA-approved impairment for: Benthic macroinvertebrates bioassessments; Dissolved oxygen; Fecal coliform; Fish bioassessments; Mercury in fish tissue; Turbidity. These impairment(s) are considered to be construction related parameters and require the additional best management practices (BMPs) found in items 23.9 and 23.10 of the permit if the project has a discharge point on the project within 1 mile (aerial radius measurement) of, and flows to the impaired stream. 23.9: Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. 23.10: Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. Also, a mandatory Stormwater Pollution Prevention Plan (SWPPP) review is required by the MPCA if the project will disturb over 50 acres and has a discharge point on the project within 1 mile (aerial radius measurement) of, and flows to the impaired water. Owners must submit the application for coverage and the Storm Water Pollution Prevention Plan at least 30-days before the construction start date. The SWPPP can be attached electronically when using the online application. CONSTRUCTION PHASING The project is expected to be constructed in three phases, with mass grading occurring during one construction season. Mass grading is anticipated to be completed within 4 weeks from commencement of work. Utility and street construction is anticipated to be completed within 4 weeks from commencement of work. POTENTIONAL FOR EROSION AND DISCHARGE OF SEDIMENT As the site will be stripped of topsoil and vegetation for a period of several weeks during construction, the potential for erosion will increase. The overall gradients on the site are relatively low. The street subcut will serve as temporary sediment basins during construction. The project is primarily cut, and therefore perimeter erosion will flow inward towards the project. The risk of discharge of sediment off of the site is low, due to the grade orientation and design. The highest potential for discharge off the site is from the street entrance. Contractor will be required to manage completion of 3:1 slopes such that soil exposure is minimized. After excavation and embankments are completed, slopes shall be re-spread with topsoil, the slope grades certified, and erosion blanket installed as per the plan. Contractor shall coordinate these steps to be carried out in a timely manner. EROSION CONTROL BMPs The construction plans anticipate the use of, but are not limited to, the following Erosion Control BMPs: 1.Perimeter delineation to minimize disturbed areas 2.Temporary Rock Construction Entrance 3.Temporary straw mulch as needed. 4.Seed and mulch/sod 5.Erosion Control Blanket 6.Minimize active or disturbed work areas 7.Horizontal slope grading 8.Turf Reinforcement Mat SEDIMENT CONTROL BMPs The construction plans anticipate the use of, but are not limited to, the following Sediment Control BMPs 1.Sediment traps constructed in street subcut 2.Rock filter dikes in street subcut 3.Utilize permanent stormwater basin as Temporary Sediment Basin 4.Silt Fence at project perimeter or toe of slopes 5.Inlet protection on existing catch basins 6.Inlet protection on existing culverts 7.Inlet protection after utility construction 8.Linear control along back of new curb and gutter (sod, bioroll, or silt fence) 9.Routine street sweeping adjacent to construction entrance. 10.Ditch checks Refer to plans for designated locations of BMPs, details and implementation notes. BASIN AND TRAP DEWATERING BMPs Should the need arise for basin or trap dewatering, contractor shall utilize a floating skimmer pump intake, such that the water is drawn from the surface of the basin. Pumped effluent shall not be discharged into Surface Waters in a turbid state. Turbid effluent shall be filtered with mechanical devices, chemical filtering, or a combination thereof, to a state of 50 NTUs or less. STABILZATION BMPs The construction plans anticipate the use of, but are not limited to, the following Stabilization BMPs: 1.After lot pads are grade certified, permanent seed and mulch can be applied, generally from the front of the building pad, extending to the rear of the lot (areas where no further utility construction is anticipated.) 2.After 3:1 slopes on lots are certified, permanent seed and erosion control blanket can be applied. 3.Rip rap at pipe outfalls 4.Permanent seed and erosion control blanket on basin slopes after grade certified. 5.After curbs are backfilled, apply permanent seed and mulch to remaining building pads and boulevard area not already stabilized. 6.Sod placement, as appropriate. POLLUTION CONTROL BMPs 1.Fueling: A fixed fueling station is not anticipated. Contractor will be required to implement BMPs for onsite re-fueling of equipment. 2.Concrete Washout: A suggested washout area will be specified on the plan. The developer has the ability to adjust location or to provide alternative washout containment. 3.There is not an anticipated need for storing chemicals, paints, solvents or other potentially toxic or hazardous materials on site. SEED & MULCH SPECIFICATIONS Seed placed for permanent cover or final stabilization requires 6” minimum topsoil cover. Exception: Infiltration basins - see basin details for soil type). Multiple site visits will be required to accommodate permanent or temporary stabilization as required during the phases of construction. (1) General Seed & Mulch A.Seed: MNDOT 25-141 at a rate of 59 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 1 at a rate of 2 tons/acre (2)Temporary Cover Crop (Ponding/Infiltration/Adjacent Slope Areas) A.Seed: MNDOT 21-112 at a rate of 100 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre (3)Hydro-Seeding (Stockpile) A.Seed: MNDOT 22-111 Seed & Type Hydraulic Mulch at a rate of 10 lb/1000 gal B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 50 lb/1000 gal C.Mulch: Type Hydraulic Mulch at a rate of 350 lb/1000 gal D.Water: 875 gal/1000 gal E.Apply at 6000 gal of Slurry per acre (4) Stormwater Basins (Aquatic Bench up to HWL) A.Seed: MNDOT 33-261 at a rate of 14.5 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre INSPECTION AND MAINTENANCE OF BMPs Routine Inspection 1.Rock Entrance - Inspect weekly. If rock becomes filled with sediment and tracked material to the extent the purpose ceases to function, remove the contaminated rock and replace with new rock. 2.Silt fence - Inspect weekly, particularly for damaged sections, breaches, down-gradient areas, flow concentration points, scour areas and sections adjacent to sensitive areas. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity. 3.Sediment traps and basins - Inspect weekly. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity within 72 hours of discovery. 4.Inlet Protection - Inspect weekly or more frequently as needed after multiple rainfalls less than 0.5”. Verify intake capacity is not compromised. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity. 5.Inspect other site specific BMP's on a weekly basis minimum. Rain Event Inspection - Mandatory, within 24 hours after a rain event 0.5” or greater. Complete all items associated with Routine Inspection. Furthermore, inspect site for breaches, failures, scours and gullying. Take corrective actions as necessary to restore functionality to the BMP's. If a given situation is discovered to be prone to repetitive failure, advise the Engineer and Contractor for SWPPP and BMP amendments. ADDITIONAL SWPPP NOTES 1.All Erosion and Sediment Control facilities shall be maintained by the contractor during the construction operations. Any temporary facilities which are to be removed as called for on these plans and specifications shall be removed by the contractor at the time directed by the engineer. The contractor shall then restore the subsequently disturbed areas in accordance with these plans and specifications. 2.Wherever practical and feasible, the contractor shall protect and preserve existing natural trees, grass and other vegetative cover in effort to provide natural buffering and filtering of runoff. 3.Contractor shall be adaptable in adjusting construction schedules in anticipation of weather forecasts of precipitation, in order to minimize risk of erosion and sediment transport. 4.It is the responsibility of the contractor to keep public streets, travel ways, parking lots and trails utilized for ingress to and egress from the construction site free of dirt, sediment and debris, resulting from construction activity. Cost for this shall be considered incidental to the contract. 5.Adequate control of dust shall be maintained by the contractor. Cost for dust control shall be considered incidental to the contract. ADDITIONAL SWPPP NOTES (continued) 6. Perimeter controls shall not be removed until final stabilization of areas draining toward the control devices. 7. When temperatures do not exceed 40 degrees F, areas that require seed and mulch stabilization shall be dormant seeded. Application rate shall be two times the normal rate. No dormant seeding shall be done on ice or snow greater than 2” in depth. 8. Any areas that were seeded that do not achieve 70% coverage shall be reseeded at the contractor's expense, where coverage limitation is caused by lack of seed germination and growth. MPCA STORMWATER PERMIT - RESPONSIBILITY The Contractor will be required to become the Permittee for the project, until final stabilization and transfer of responsibility is completed. Transfer of responsibility shall be completed with the Permit Modification Form. OWNER: STEVE TROSKEY - LENNAR - 912-590-0531 PERMITTEE: TBD OPERATOR(S): TBD OTHER CONTACTS ENGINEER: JOHN BENDER, P.E., - James R. Hill, Inc. - 952-890-6044 TRAINING REQUIREMENTS JOHN BENDER, P.E. DESIGN OF CONSTRUCTION SWPPP (CERTIFICATION(2024-2027)) UNIVERSITY OF MINNESOTA INSTRUCTOR: XXXXXX LGU CONTACT: JOHN POWELL - PUBLIC WORKS DIRECTOR - 952-985-4500 MPCA COMPLIANCE: BRIAN GREEN - MPCA - 507-206-2610 The Contractor shall follow the implementation sequence as described on these plans. Amendments shall be made as site conditions change. Amendments shall be proposed by contractor and reviewed by the engineer. All BMP's selected and implemented shall be appropriate for the time of year, the current site conditions and for the estimated duration of use. These plans shall be considered part of the project SWPPP. A copy of the SWPPP shall remain on site throughout active construction. Pa g e 2 2 o f 4 5 Pa g e 2 3 o f 4 5 1.1 Permit Coverage. [Minn. R. 7090] 1.2 This permit is required for construction activity that results in land disturbance of equal to or greater than one (1) acre or if a project is part of a common plan of development or sale that ultimately will disturb greater than one (1) acre, and authorizes, subject to the terms and conditions of this permit, the discharge of stormwater associated with construction activity. [Minn. R. 7090] 1.3 Construction activity covered by this permit cannot commence until coverage under this permit is effective as described in item 3.3 through 3.4 or, if applicable, until the Minnesota Pollution Control Agency (MPCA) has issued an individual National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) construction stormwater permit for the project. [Minn. R. 7090] 1.4 This permit covers all areas of the State of Minnesota except land wholly within the boundaries of a federally recognized Indian Reservation owned by a tribe or a tribal member or land held in trust by the federal government for a tribe or tribal member. [Minn. R. 7090] 1.5 Coverage under this permit is not required when all stormwater from construction activity is routed directly to and treated by a "treatment works," as defined in Minn. Stat. Sect. 115.01, subd. 21, operated under an individual NPDES/SDS permit with a Total Suspended Solids (TSS) effluent limit. [Minn. R. 7090] 1.6 This permit covers ongoing projects covered under any previous construction stormwater permit that are not complete on the issuance date of this permit. Permittees must either remain in compliance with the previous permit and terminate coverage within 18 months of the issuance date of this permit or comply with this permit, including updating the Stormwater Pollution Prevention Plan (SWPPP), within the 18- month period. Permittees of previously permitted projects are not required to incorporate any additional requirements regarding the permanent stormwater treatment system included in this reissued permit. [Minn. R. 7090] 1.7 Coverage for projects that extend beyond the expiration date of this permit remains effective for a grace period covering project completion and Notice of Termination (NOT) submittal. If Permittees cannot complete projects during the grace period, the MPCA will extend coverage under the next permit and permittees must comply with the requirements of the new permit including updating the SWPPP. Permittees are not required to follow changes to the permanent stormwater treatment section of the next permit. [Minn. R. 7090] 2.1 Prohibitions and Limitations of Coverage. [Minn. R. 7090] 2.2 The owner must develop a complete and accurate SWPPP that complies with item 5.2 prior to submitting the application for coverage and starting construction activity. Failure to prepare a SWPPP prior to submitting the application may result in permit revocation. [Minn. R. 7090] 2.3 This permit prohibits discharges of any material other than stormwater treated in compliance with this permit and discharges from dewatering or basin draining activities in accordance with Section 10. Prohibited discharges include, but are not limited to, wastewater from washout of concrete, stucco, paint, form release oils, curing compounds and other construction materials, fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance, soaps or solvents used in vehicle and equipment washing and maintenance, and other hazardous substances or wastes. [Minn. R. 7090] 2.4 This permit does not authorize stormwater discharges related to the placement of fill into waters of the state requiring local, state or federal authorizations (such as U.S. Army Corps of Engineers Section 404 permits, Minnesota Department of Natural Resources (DNR) Public Waters Work permits or local governmental unit (LGU) Wetland Conservation Act replacement plans or determinations). [Minn. R. 7090] 2.5 This permit does not authorize stormwater discharges associated with industrial activity except for construction activity. Permittees must obtain coverage for discharges associated with industrial activity under a separate NPDES/SDS permit once day-to-day operational activities commence even if construction is ongoing. [Minn. R. 7090] 2.6 This permit does not authorize discharges from non-point source agricultural and silvicultural activities excluded from NPDES permit requirements under 40 CFR pt. 122.3(e). [Minn. R. 7090] 2.7 This permit does not authorize stormwater discharges to Prohibited, Restricted, Special or Impaired waters unless permittees follow the additional stormwater requirements in Section 23. [Minn. R. 7090] 2.8 This permit does not replace or satisfy any environmental review requirements including those under the Minnesota Environmental Policy Act or the National Environmental Policy Act. The owner must verify completion of any environmental review required by law, including any required Environmental Assessment Work Sheets or Environmental Impact Statements, Federal environmental review, or other required review prior to applying for coverage under this permit. If any part of your common plan of development or sale requires environmental review, coverage under this permit cannot be obtained until such environmental review is complete. [Minn. R. 7090] 2.9 This permit does not replace or satisfy any review requirements for discharges adversely impacting State or Federally designated endangered or threatened species or a designated critical habitat. The owner must comply with the National Historic Preservation Act and conduct all required review and coordination related to historic preservation, including significant anthropological sites and any burial sites, with the Minnesota Historic Preservation Officer. [Minn. R. 7090] 2.10 This permit does not authorize discharges to wetlands unless the permittee complies with the requirements in Section 22. [Minn. R. 7090] 3.1 Application and Coverage Effective Date. [Minn. R. 7090] 3.2 The owner and operator must submit a complete and accurate on-line application with the appropriate fee to the MPCA for each project that disturbs one (1) or more acres of land or for a common plan of development or sale that will ultimately disturb one (1) or more acres. [Minn. R. 7090] 3.3 For projects or common plans of development or sale that disturb less than 50 acres or do not discharge stormwater within 1 mile (aerial radius measurement) of a special or impaired water, permittees do not need to submit the SWPPP with the application. Permit coverage for these projects is effective upon application and completing the payment process. [Minn. R. 7090] 3.4 For certain projects or common plans of development or sale disturbing 50 acres or more, the complete SWPPP must be included with the application and submitted at least 30 days before the start of construction activity. This applies if there is a discharge point on the project within one mile (aerial radius measurement) of, and flows to, a special water listed in item 23.3 through 23.6 or an impaired water as described in item 23.7. Permit coverage for these projects is effective upon submitting the application and complete SWPPP, completing the payment process and receiving a determination from the MPCA that the review of the SWPPP is complete. The determination may take longer than 30 days if the SWPPP is incomplete. If the MPCA fails to contact the permittees within 30 days of application receipt, coverage is effective 30 days after completing the payment process. [Minn. R. 7090] 3.5 The application requires listing all persons meeting the definition of owner and operator as permittees. The owner is responsible for compliance with all terms and conditions of this permit. The operator is responsible for compliance with Sections 3, 4, 6-22, 24 and applicable requirements for construction activity in Section 23. [Minn. R. 7090] 3.6 Permittees will receive coverage notification in a manner determined by the MPCA. [Minn. R. 7090] 3.7 For construction projects where the owner or operator changes (e.g., an original developer sells portions of the property to various homebuilders or sells the entire site to a new owner), the current owner and the new owner or operator must submit a complete permit modification form provided by the MPCA. The current owner and the new owner or operator must submit the form prior to the new owner or operator commencing construction activity or no later than 30 days after taking ownership of the property. [Minn. R. 7090] 3.8 For construction projects where the owner or operator changes, the current owner must provide a SWPPP to the new owner and operator that specifically addresses the remaining construction activity. The new owner or operator can implement the original SWPPP, modify the SWPPP, or develop a new SWPPP. Permittees must ensure their activities do not render another party's erosion prevention and sediment control BMPs ineffective. [Minn. R. 7090] 4.1 Termination of Coverage. [Minn. R. 7090] 4.2 Permittees must submit a NOT within 30 days after all termination conditions listed in Section 13 are complete. [Minn. R. 7090] 4.3 Permittees must submit a NOT within 30 days after selling or otherwise legally transferring the entire site, including permit responsibility for roads (e.g., street sweeping) and stormwater infrastructure final clean out, or transferring portions of a site to another party. The permittees' coverage under this permit terminates at midnight on the submission date of the NOT. [Minn. R. 7090] 4.4 Permittees may terminate permit coverage prior to completion of all construction activity if they meet all of the following conditions: a. construction activity has ceased for at least 90 days; and b. at least 90 percent (by area) of all originally proposed construction activity has been completed and permanent cover has been established on those areas; and c. on areas where construction activity is not complete, permanent cover has been established; and d. the site complies with item 13.3 through 13.7. After permit coverage is terminated under this item, any subsequent development on the remaining portions of the site will require permit coverage if the subsequent development itself or as part of the remaining common plan of development or sale will result in land disturbing activities of one (1) or more acres in size. [Minn. R. 7090] 4.5 Permittees may terminate coverage upon MPCA approval after submitting information documenting the owner cancelled the project. [Minn. R. 7090] 5.1 Stormwater Pollution Prevention Plan (SWPPP) Content. [Minn. R. 7090] 5.2 The owner must develop a SWPPP. The SWPPP must include items 5.3 through 5.26. [Minn. R. 7090] 5.3 The SWPPP must incorporate specific Best Management Practices (BMP) used to comply with the requirements of this permit. [Minn. R. 7090] 5.4 The SWPPP must include a narrative describing the timing for installation of all erosion prevention and sediment control BMPs and a description of the permanent stormwater treatment systems. [Minn. R. 7090] 5.5 The SWPPP must include the location and type of all temporary and permanent erosion prevention and sediment control BMPs along with procedures used to establish additional temporary BMPs as necessary for the site conditions during construction. Standard details and/or specifications for BMPs must be included in the final plans and specifications for the project. [Minn. R. 7090] 5.6 The SWPPP must include the calculations and other information used for the design of temporary sediment basins and any of the permanent stormwater treatment systems required in Section 15. [Minn. R. 7090] 5.7 The SWPPP must include estimated quantities anticipated at the start of the project for the life of the project for all erosion prevention and sediment control BMPs (e.g., linear feet of silt fence or square feet of erosion control blanket). [Minn. R. 7090] 5.8 The SWPPP must include the number of acres of impervious surface for both pre- and post-construction. [Minn. R. 7090] 5.9 The SWPPP must include a site map with existing and final grades, including drainage area boundaries, directions of flow and all discharge points where stormwater is leaving the site or entering a surface water. The site map must indicate the areas of steep slopes. The site map must also include impervious surfaces, soil types and locations of potential pollutant-generating activities as identified in Section 12. [Minn. R. 7090] 5.10 The SWPPP must include a map of all surface waters, existing wetlands, and stormwater ponds or basins that can be identified on maps such as United States Geological Survey 7.5 minute quadrangle maps, the National Wetland Inventory map or equivalent maps and are within one mile (aerial radius measurement) from the project boundaries that will receive stormwater from the construction site, during or after construction. The SWPPP must identify if the surface waters are special or impaired waters. [Minn. R. 7090] 5.11 The SWPPP must include a site map showing construction activity areas that are adjacent to and drain to Public Waters for which the DNR has promulgated "work in water restrictions" during specified fish spawning time frames. [Minn. R. 7090] 5.12 Permittees must identify locations of 50' buffer zones as required in item 9.17 and 100' permanent buffer zones as required in item 23.11, on plan sheets in the SWPPP. [Minn. R. 7090] 5.13 If permittees determine compliance with the following requirements is infeasible, they must document the determination in the SWPPP: a. temporary sediment basins as described in Section 14; and b. for linear projects, if the permanent stormwater treatment system cannot be constructed within the right-of-way, a reasonable attempt must be made to obtain additional right-of-way (item 15.9); and c. buffer zones as described in item 9.17 and item 23.11. [Minn. R. 7090] 5.14 If permittees determine that a temporary sediment basin is infeasible as described in item 14.10, the SWPPP must describe the alternative BMPs used. [Minn. R. 7090] 5.15 Where systems cannot meet the full volume reduction requirement on site, (e.g., the site has infiltration prohibitions, see item 16.14 through item 16.21) the permittee must document the reasons in the SWPPP. [Minn. R. 7090] 5.16 The SWPPP must include any stormwater mitigation measures proposed to be part of the final project in any environmental review document, endangered species review, archeological or other required local, state or federal review conducted for the project. For purposes of this permit, mitigation measures means actions necessary to avoid, minimize, or mitigate for impacts related to erosion prevention, sediment control, the permanent stormwater treatment system, pollution prevention management measures and discharges associated with the project's construction activity. [Minn. R. 7090] 5.17 The SWPPP must describe the methods used for permanent cover of all exposed soil areas. [Minn. R. 7090] 5.18 Permittees must identify the locations of areas where construction will be phased to minimize the duration of exposed soil areas in the SWPPP. [Minn. R. 7090] 5.19 For projects with a discharge point on the project within one (1) mile (aerial radius measurement) of and which flows to an impaired water, permittees must identify the impaired water(s), and any United States Environmental Protection Agency (USEPA)-approved Total Maximum Daily Load (TMDL) for the pollutant(s) or stressor(s) described in item 23.7. Permittees' identification must include those TMDLs approved at any time prior to permit application submittal and are still in effect. [Minn. R. 7090] 5.20 Permittees must document in the SWPPP, all trained individuals identified in item 21.2. Documentation must include: a. names of personnel required to be trained; and b. dates of training and name of instructor(s) and entity providing training; and c. content of training course. If permittees do not know the names of the individuals at the time of application, the permittees must ensure they document training before construction activity commences. [Minn. R. 7090] 5.21 The SWPPP must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will coordinate with all contractors, subcontractors, and operators on-site to oversee the implementation of the SWPPP. [Minn. R. 7090] 5.22 The SWPPP must describe any specific chemicals and chemical treatment systems used for enhancing the sedimentation process and how it achieves compliance with item 9.18. [Minn. R. 7090] 5.23 The SWPPP must identify the person(s), organizations, or entities responsible for long-term operation and maintenance of permanent stormwater treatment systems. [Minn. R. 7090] 5.24 The SWPPP must describe methods to minimize soil compaction and preserve topsoil. Minimizing soil compaction is not required where the function of a specific area dictates compaction. [Minn. R. 7090] 5.25 The SWPPP must include any site assessments for groundwater or soil contamination required in item 16.15. [Minn. R. 7090] 5.26 The SWPPP must account for the following factors in designing temporary erosion prevention and sediment control BMPs: a. the expected amount, frequency, intensity, and duration of precipitation; and b. the nature of stormwater runoff and run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features; and c. the stormwater volume, velocity, and peak flowrates to minimize discharge of pollutants in stormwater and to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points; and d. the range of soil particle sizes expected to be present. [Minn. R. 7090] 6.1 SWPPP Amendments. [Minn. R. 7090] 6.2 One of the individuals described in item 21.2.a or item 21.2.b or another qualified individual must complete all SWPPP changes. Changes involving the use of a less stringent BMP must include a justification describing how the replacement BMP is effective for the site characteristics. [Minn. R. 7090] 6.3 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever there is a change in design, construction, operation, maintenance, weather or seasonal conditions having a significant effect on the discharge of pollutants to surface waters or groundwater. [Minn. R. 7090] 6.4 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever inspections or investigations by the site owner or operator, USEPA or MPCA officials indicate the SWPPP is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or groundwater or the discharges are causing water quality standard exceedances (e.g., nuisance conditions as defined in Minn. R. 7050.0210, subp. 2) or the SWPPP is not consistent with the objectives of a USEPA approved TMDL. [Minn. R. 7050.0210] 7.1 BMP Selection and Installation. [Minn. R. 7090] 7.2 Permittees must select, install, and maintain the BMPs identified in the SWPPP and in this permit in an appropriate and functional manner and in accordance with relevant manufacturer specifications and accepted engineering practices. [Minn. R. 7090] 8.1 Erosion Prevention Practices. [Minn. R. 7090] 8.2 Before work begins, permittees must delineate the location of areas not to be disturbed. [Minn. R. 7090] 8.3 Permittees must minimize the need for disturbance of portions of the project with steep slopes. When steep slopes must be disturbed, permittees must use techniques such as phasing and stabilization practices designed for steep slopes (e.g., slope draining and terracing). [Minn. R. 7090] 8.4 Permittees must stabilize all exposed soil areas, including stockpiles. Stabilization must be initiated immediately to limit soil erosion when construction activity has permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed no later than 14 calendar days after the construction activity has ceased. Stabilization is not required on constructed base components of roads, parking lots and similar surfaces. Stabilization is not required on temporary stockpiles without significant silt, clay or organic components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) but permittees must provide sediment controls at the base of the stockpile. [Minn. R. 7090] 8.5 For Public Waters that the Minnesota DNR has promulgated "work in water restrictions" during specified fish spawning time frames, permittees must complete stabilization of all exposed soil areas within 200 feet of the water's edge, and that drain to these waters, within 24 hours during the restriction period. [Minn. R. 7090] 8.6 Permittees must stabilize the normal wetted perimeter of the last 200 linear feet of temporary or permanent drainage ditches or swales that drain water from the site within 24 hours after connecting to a surface water or property edge. Permittees must complete stabilization of remaining portions of temporary or permanent ditches or swales within 14 calendar days after connecting to a surface water or property edge and construction in that portion of the ditch temporarily or permanently ceases. [Minn. R. 7090] 8.7 Temporary or permanent ditches or swales being used as a sediment containment system during construction (with properly designed rock-ditch checks, bio rolls, silt dikes, etc.) do not need to be stabilized. Permittees must stabilize these areas within 24 hours after their use as a sediment containment system ceases. [Minn. R. 7090] 8.8 Permittees must not use mulch, hydromulch, tackifier, polyacrylamide or similar erosion prevention practices within any portion of the normal wetted perimeter of a temporary or permanent drainage ditch or swale section with a continuous slope of greater than 2 percent. [Minn. R. 7090] 8.9 Permittees must provide temporary or permanent energy dissipation at all pipe outlets within 24 hours after connection to a surface water or permanent stormwater treatment system. [Minn. R. 7090] 8.10 Permittees must not disturb more land (i.e., phasing) than can be effectively inspected and maintained in accordance with Section 11. [Minn. R. 7090] 9.1 Sediment Control Practices. [Minn. R. 7090] 9.2 Permittees must establish sediment control BMPs on all downgradient perimeters of the site and downgradient areas of the site that drain to any surface water, including curb and gutter systems. Permittees must locate sediment control practices upgradient of any buffer zones. Permittees must install sediment control practices before any upgradient land-disturbing activities begin and must keep the sediment control practices in place until they establish permanent cover. [Minn. R. 7090] 9.3 If downgradient sediment controls are overloaded, based on frequent failure or excessive maintenance requirements, permittees must install additional upgradient sediment control practices or redundant BMPs to eliminate the overloading and amend the SWPPP to identify these additional practices as required in item 6.3. [Minn. R. 7090] 9.4 Temporary or permanent drainage ditches and sediment basins designed as part of a sediment containment system (e.g., ditches with rock-check dams) require sediment control practices only as appropriate for site conditions. [Minn. R. 7090] 9.5 A floating silt curtain placed in the water is not a sediment control BMP to satisfy item 9.2 except when working on a shoreline or below the waterline. Immediately after the short term construction activity (e.g., installation of rip rap along the shoreline) in that area is complete, permittees must install an upland perimeter control practice if exposed soils still drain to a surface water. [Minn. R. 7090] 9.6 Permittees must re-install all sediment control practices adjusted or removed to accommodate short-term activities such as clearing or grubbing, or passage of vehicles, immediately after the short-term activity is completed. Permittees must re-install sediment control practices before the next precipitation event even if the short-term activity is not complete. [Minn. R. 7090] 9.7 Permittees must protect all storm drain inlets using appropriate BMPs during construction until they establish permanent cover on all areas with potential for discharging to the inlet. [Minn. R. 7090] 9.8 Permittees may remove inlet protection for a particular inlet if a specific safety concern (e.g. street flooding/freezing) is identified by the permittees or the jurisdictional authority (e.g., city/county/township/Minnesota Department of Transportation engineer). Permittees must document the need for removal in the SWPPP. [Minn. R. 7090] 9.9 Permittees must provide silt fence or other effective sediment controls at the base of stockpiles on the downgradient perimeter. [Minn. R. 7090] 9.10 Permittees must locate stockpiles outside of natural buffers or surface waters, including stormwater conveyances such as curb and gutter systems unless there is a bypass in place for the stormwater. [Minn. R. 7090] 9.11 Permittees must install a vehicle tracking BMP to minimize the track out of sediment from the construction site or onto paved roads within the site. [Minn. R. 7090] 9.12 Permittees must use street sweeping if vehicle tracking BMPs are not adequate to prevent sediment tracking onto the street. [Minn. R. 7090] 9.13 Permittees must install temporary sediment basins as required in Section 14. [Minn. R. 7090] 9.14 In any areas of the site where final vegetative stabilization will occur, permittees must restrict vehicle and equipment use to minimize soil compaction. [Minn. R. 7090] 9.15 Permittees must preserve topsoil on the site, unless infeasible. [Minn. R. 7090] 9.16 Permittees must direct discharges from BMPs to vegetated areas unless infeasible. [Minn. R. 7090] 9.17 Permittees must preserve a 50 foot natural buffer or, if a buffer is infeasible on the site, provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project's earth disturbances and stormwater flows to the surface water. Permittees must install perimeter sediment controls at least 5 feet apart unless limited by lack of available space. Natural buffers are not required adjacent to road ditches, judicial ditches, county ditches, stormwater conveyance channels, storm drain inlets, and sediment basins. If preserving the buffer is infeasible, permittees must document the reasons in the SWPPP. Sheet piling is a redundant perimeter control if installed in a manner that retains all stormwater. [Minn. R. 7090] 9.18 Permittees must use polymers, flocculants, or other sedimentation treatment chemicals in accordance with accepted engineering practices, dosing specifications and sediment removal design specifications provided by the manufacturer or supplier. The permittees must use conventional erosion and sediment controls prior to chemical addition and must direct treated stormwater to a sediment control system for filtration or settlement of the floc prior to discharge. [Minn. R. 7090] 10.1 Dewatering and Basin Draining. [Minn. R. 7090] 10.2 Permittees must discharge turbid or sediment-laden waters related to dewatering or basin draining (e.g., pumped discharges, trench/ditch cuts for drainage) to a temporary or permanent sediment basin on the project site unless infeasible. Permittees may dewater to surface waters if they visually check to ensure adequate treatment has been obtained and nuisance conditions (see Minn. R. 7050.0210, subp. 2) will not result from the discharge. If permittees cannot discharge the water to a sedimentation basin prior to entering a surface water, permittees must treat it with appropriate BMPs such that the discharge does not adversely affect the surface water or downstream properties. [Minn. R. 7050.0210] 10.3 If permittees must discharge water containing oil or grease, they must use an oil-water separator or suitable filtration device (e.g., cartridge filters, absorbents pads) prior to discharge. [Minn. R. 7090] 10.4 Permittees must discharge all water from dewatering or basin-draining activities in a manner that does not cause erosion or scour in the immediate vicinity of discharge points or inundation of wetlands in the immediate vicinity of discharge points that causes significant adverse impact to the wetland. [Minn. R. 7090] 10.5 If permittees use filters with backwash water, they must haul the backwash water away for disposal, return the backwash water to the beginning of the treatment process, or incorporate the backwash water into the site in a manner that does not cause erosion. [Minn. R. 7090] 11.1 Inspections and Maintenance. [Minn. R. 7090] 11.2 Permittees must ensure a trained person, as identified in item 21.2.b, will inspect the entire construction site at least once every seven (7) days during active construction and within 24 hours after a rainfall event greater than 1/2 inch in 24 hours. [Minn. R. 7090] 11.3 Permittees must inspect and maintain all permanent stormwater treatment BMPs. [Minn. R. 7090] 11.4 Permittees must inspect all erosion prevention and sediment control BMPs and Pollution Prevention Management Measures to ensure integrity and effectiveness. Permittees must repair, replace or supplement all nonfunctional BMPs with functional BMPs by the end of the next business day after discovery unless another time frame is specified in item 11.5 or 11.6. Permittees may take additional time if field conditions prevent access to the area. [Minn. R. 7090] 11.5 During each inspection, permittees must inspect surface waters, including drainage ditches and conveyance systems but not curb and gutter systems, for evidence of erosion and sediment deposition. Permittees must remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems and restabilize the areas where sediment removal results in exposed soil. Permittees must complete removal and stabilization within seven (7) calendar days of discovery unless precluded by legal, regulatory, or physical access constraints. Permittees must use all reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven (7) days of obtaining access. Permittees are responsible for contacting all local, regional, state and federal authorities and receiving any applicable permits, prior to conducting any work in surface waters. [Minn. R. 7090] 11.6 Permittees must inspect construction site vehicle exit locations, streets and curb and gutter systems within and adjacent to the project for sedimentation from erosion or tracked sediment from vehicles. Permittees must remove sediment from all paved surfaces within one (1) calendar day of discovery or, if applicable, within a shorter time to avoid a safety hazard to users of public streets. [Minn. R. 7090] 11.7 Permittees must repair, replace or supplement all perimeter control devices when they become nonfunctional or the sediment reaches 1/2 of the height of the device. [Minn. R. 7090] 11.8 Permittees must drain temporary and permanent sedimentation basins and remove the sediment when the depth of sediment collected in the basin reaches 1/2 the storage volume. [Minn. R. 7090] 11.9 Permittees must ensure that at least one individual present on the site (or available to the project site in three (3) calendar days) is trained in the job duties described in item 21.2.b. [Minn. R. 7090] 11.10 Permittees may adjust the inspection schedule described in item 11.2 as follows: a. inspections of areas with permanent cover can be reduced to once per month, even if construction activity continues on other portions of the site; or b. where sites have permanent cover on all exposed soil and no construction activity is occurring anywhere on the site, inspections can be reduced to once per month and, after 12 months, may be suspended completely until construction activity resumes. The MPCA may require inspections to resume if conditions warrant; or c. where construction activity has been suspended due to frozen ground conditions, inspections may be suspended. Inspections must resume within 24 hours of runoff occurring, or upon resuming construction, whichever comes first. [Minn. R. 7090] 11.11 Permittees must record all inspections and maintenance activities within 24 hours of being conducted and these records must be retained with the SWPPP. These records must include: a. date and time of inspections; and b. name of persons conducting inspections; and c. accurate findings of inspections, including the specific location where corrective actions are needed; and d. corrective actions taken (including dates, times, and party completing maintenance activities); and e. date of all rainfall events greater than 1/2 inches in 24 hours, and the amount of rainfall for each event. Permittees must obtain rainfall amounts by either a properly maintained rain gauge installed onsite, a weather station that is within one (1) mile of your location, or a weather reporting system that provides site specific rainfall data from radar summaries; and f. if permittees observe a discharge during the inspection, they must record and should photograph and describe the location of the discharge (i.e., color, odor, settled or suspended solids, oil sheen, and other obvious indicators of pollutants); and g. any amendments to the SWPPP proposed as a result of the inspection must be documented as required in Section 6 within seven (7) calendar days. [Minn. R. 7090] 12.1 Pollution Prevention Management Measures. [Minn. R. 7090] 12.2 Permittees must place building products and landscape materials under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. Permittees are not required to cover or protect products which are either not a source of contamination to stormwater or are designed to be exposed to stormwater. [Minn. R. 7090] 12.3 Permittees must place pesticides, fertilizers and treatment chemicals under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. [Minn. R. 7090] 12.4 Permittees must store hazardous materials and toxic waste, (including oil, diesel fuel, gasoline, hydraulic fluids, paint solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids) in sealed containers to prevent spills, leaks or other discharge. Storage and disposal of hazardous waste materials must be in compliance with Minn. R. ch. 7045 including secondary containment as applicable. [Minn. R. 7090] 12.5 Permittees must properly store, collect and dispose solid waste in compliance with Minn. R. ch. 7035. [Minn. R. 7035] 12.6 Permittees must position portable toilets so they are secure and will not tip or be knocked over. Permittees must properly dispose sanitary waste in accordance with Minn. R. ch. 7041. [Minn. R. 7041] 12.7 Permittees must take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or absorbents unless infeasible. Permittees must ensure adequate supplies are available at all times to clean up discharged materials and that an appropriate disposal method is available for recovered spilled materials. Permittees must report and clean up spills immediately as required by Minn. Stat. 115.061, using dry clean up measures where possible. [Minn. Stat. 115.061] 12.8 Permittees must limit vehicle exterior washing and equipment to a defined area of the site. Permittees must contain runoff from the washing area in a sediment basin or other similarly effective controls and must dispose waste from the washing activity properly. Permittees must properly use and store soaps, detergents, or solvents. [Minn. R. 7090] 12.9 Permittees must provide effective containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds and other construction materials) related to the construction activity. Permittees must prevent liquid and solid washout wastes from contacting the ground and must design the containment so it does not result in runoff from the washout operations or areas. Permittees must properly dispose liquid and solid wastes in compliance with MPCA rules. Permittees must install a sign indicating the location of the washout facility. [Minn. R. 7035, Minn. R. 7090] 13.1 Permit Termination Conditions. [Minn. R. 7090] 13.2 Permittees must complete all construction activity and must install permanent cover over all areas prior to submitting the NOT. Vegetative cover must consist of a uniform perennial vegetation with a density of 70 percent of its expected final growth. Vegetation is not required where the function of a specific area dictates no vegetation, such as impervious surfaces or the base of a sand filter. [Minn. R. 7090] 13.3 Permittees must clean the permanent stormwater treatment system of any accumulated sediment and must ensure the system meets all applicable requirements in Section 15 through 19 and is operating as designed. [Minn. R. 7090] 13.4 Permittees must remove all sediment from conveyance systems prior to submitting the NOT. [Minn. R. 7090] 13.5 Permittees must remove all temporary synthetic erosion prevention and sediment control BMPs prior to submitting the NOT. Permittees may leave BMPs designed to decompose on-site in place. [Minn. R. 7090] 13.6 For residential construction only, permit coverage terminates on individual lots if the structures are finished and temporary erosion prevention and downgradient perimeter control is complete, the residence sells to the homeowner, and the permittee distributes the MPCA's "Homeowner Fact Sheet" to the homeowner. [Minn. R. 7090] 13.7 For construction projects on agricultural land (e.g., pipelines across cropland), permittees must return the disturbed land to its preconstruction agricultural use prior to submitting the NOT. [Minn. R. 7090] 14.1 Temporary Sediment Basins. [Minn. R. 7090] 14.2 Where ten (10) or more acres of disturbed soil drain to a common location, permittees must provide a temporary sediment basin to provide treatment of the runoff before it leaves the construction site or enters surface waters. Permittees may convert a temporary sediment basin to a permanent basin after construction is complete. The temporary basin is no longer required when permanent cover has reduced the acreage of disturbed soil to less than ten (10) acres draining to a common location. [Minn. R. 7090] 14.3 The temporary basin must provide live storage for a calculated volume of runoff from a two (2)-year, 24- hour storm from each acre drained to the basin or 1,800 cubic feet of live storage per acre drained, whichever is greater. [Minn. R. 7090] 14.4 Where permittees have not calculated the two (2)-year, 24-hour storm runoff amount, the temporary basin must provide 3,600 cubic feet of live storage per acre of the basins' drainage area. [Minn. R. 7090] 14.5 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. [Minn. R. 7090] 14.6 Permittees must design the outlet structure to withdraw water from the surface to minimize the discharge of pollutants. Permittees may temporarily suspend the use of a surface withdrawal mechanism during frozen conditions. The basin must include a stabilized emergency overflow to prevent failure of pond integrity. [Minn. R. 7090] 14.7 Permittees must provide energy dissipation for the basin outlet within 24 hours after connection to a surface water. [Minn. R. 7090] 14.8 Permittees must locate temporary basins outside of surface waters and any buffer zone required in item 23.11. [Minn. R. 7090] 14.9 Permittees must construct the temporary basins prior to disturbing 10 or more acres of soil draining to a common location. [Minn. R. 7090] 14.10 Where a temporary sediment basin meeting the requirements of item 14.3 through 14.9 is infeasible, permittees must install effective sediment controls such as smaller sediment basins and/or sediment traps, silt fences, vegetative buffer strips or any appropriate combination of measures as dictated by individual site conditions. In determining whether installing a sediment basin is infeasible, permittees must consider public safety and may consider factors such as site soils, slope, and available area on-site. Permittees must document this determination of infeasibility in the SWPPP. [Minn. R. 7090] 15.1 Permanent Stormwater Treatment System. [Minn. R. 7090] 15.2 Permittees must design the project so all stormwater discharged from the project during and after construction activities does not cause a violation of state water quality standards, including nuisance conditions, erosion in receiving channels or on downslope properties, or a significant adverse impact to wetlands caused by inundation or decrease of flow. [Minn. R. 7090] 15.3 Permittees must design and construct a permanent stormwater treatment system to treat the water quality volume if the project's ultimate development replaces vegetation and/or other pervious surfaces creating a net increase of one (1) or more acres of cumulative impervious surface. [Minn. R. 7090] 15.4 Permittees must calculate the water quality volume as one (1) inch times the net increase of impervious surfaces created by the project. [Minn. R. 7090] 15.5 Permittees must first consider volume reduction practices on-site (e.g., infiltration or other) when designing the permanent stormwater treatment system. If this permit prohibits infiltration as described in item 16.14 through item 16.21, permittees may consider a wet sedimentation basin, filtration basin or regional pond. This permit does not consider wet sedimentation basins and filtration systems to be volume reduction practices. [Minn. R. 7090] 15.6 For projects where the full volume reduction requirement cannot be met on-site, (e.g., the site has infiltration prohibitions), permittees must document the reasons in the SWPPP. [Minn. R. 7090] 15.7 Permittees must discharge the water quality volume to a permanent stormwater treatment system prior to discharge to a surface water. For purposes of this item, surface waters do not include man-made drainage systems that convey stormwater to a permanent stormwater treatment system. [Minn. R. 7090] 15.8 Where the proximity to bedrock precludes the installation of any of the permanent stormwater treatment practices required by Sections 15 through 19, permittees must install other treatment such as grassed swales, smaller ponds, or grit chambers, prior to the discharge of stormwater to surface waters. [Minn. R. 7090] 15.9 For linear projects where permittees cannot treat the entire water quality volume within the existing rightof-way, permittees must make a reasonable attempt to obtain additional right-of-way, easement or other permission for stormwater treatment during the project planning process. Documentation of these attempts must be in the SWPPP. Permittees must still consider volume reduction practices first as described in item 15.5. If permittees cannot obtain additional right-of-way, easement or other permission, they must maximize the treatment of the water quality volume prior to discharge to surface waters. [Minn. R. 7090] 16.1 Infiltration Systems. [Minn. R. 7090] 16.2 Infiltration options include, but are not limited to: infiltration basins, infiltration trenches, rainwater gardens, bioretention areas without underdrains, swales with impermeable check dams, and natural depressions. If permittees utilize an infiltration system to meet the requirements of this permit, they must incorporate the design parameters in item 16.3 through item 16.21. Permittees must follow the infiltration prohibition in item 16.14 anytime an infiltration system is designed, including those not required by this permit. [Minn. R. 7090] 16.3 Permittees must design infiltration systems such that pre-existing hydrologic conditions of wetlands in the vicinity are not impacted (e.g., inundation or breaching a perched water table supporting a wetland). [Minn. R. 7090] 16.4 Permittees must not excavate infiltration systems to final grade, or within three (3) feet of final grade, until the contributing drainage area has been constructed and fully stabilized unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the infiltration area. [Minn. R. 7090] 16.5 When excavating an infiltration system to within three (3) feet of final grade, permittees must stake off and mark the area so heavy construction vehicles or equipment do not compact the soil in the infiltration area. [Minn. R. 7090] 16.6 Permittees must use a pretreatment device such as a vegetated filter strip, forebay, or water quality inlet (e.g., grit chamber) to remove solids, floating materials, and oil and grease from the runoff, to the maximum extent practicable, before the system routes stormwater to the infiltration system. [Minn. R. 7090] 16.7 Permittees must design infiltration systems to provide a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase of impervious surfaces created by the project. [Minn. R. 7090] 16.8 Permittees must design the infiltration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Permittees must route additional flows that cannot infiltrate within 48 hours to bypass the system through a stabilized discharge point. [Minn. R. 7090] 16.9 Permittees must provide a means to visually verify the infiltration system is discharging through the soil surface or filter media surface within 48 hours or less. [Minn. R. 7090] 16.10 Permittees must provide at least one soil boring, test pit or infiltrometer test in the location of the infiltration practice for determining infiltration rates. [Minn. R. 7090] 16.11 For design purposes, permittees must divide field measured infiltration rates by 2 as a safety factor or permittees can use soil-boring results with the infiltration rate chart in the Minnesota Stormwater Manual to determine design infiltration rates. When soil borings indicate type A soils, permittees should perform field measurements to verify the rate is not above 8.3 inches per hour. This permit prohibits infiltration if the field measured infiltration rate is above 8.3 inches per hour. [Minn. R. 7090] 16.12 Permittees must employ appropriate on-site testing ensure a minimum of three (3) feet of separation from the seasonally saturated soils (or from bedrock) and the bottom of the proposed infiltration system. [Minn. R. 7090] 16.13 Permittees must design a maintenance access, typically eight (8) feet wide, for the infiltration system. [Minn. R. 7090] 16.14 This permit prohibits permittees from constructing infiltration systems that receive runoff from vehicle fueling and maintenance areas including construction of infiltration systems not required by this permit. [Minn. R. 7090] 16.15 This permit prohibits permittees from constructing infiltration systems where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater. Permittees must either complete the MPCA's contamination screening checklist or conduct their own assessment to determine the suitability for infiltration. Permittees must retain the checklist or assessment with the SWPPP. For more information and to access the MPCA's "contamination screening checklist" see the Minnesota Stormwater Manual. [Minn. R. 7090] 16.16 This permit prohibits permittees from constructing infiltration systems in areas where soil infiltration rates are field measured at more than 8.3 inches per hour unless they amend soils to slow the infiltration rate below 8.3 inches per hour. [Minn. R. 7090] 16.17 This permit prohibits permittees from constructing infiltration systems in areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. [Minn. R. 7090] 16.18 This permit prohibits permittees from constructing infiltration systems in areas of predominately Hydrologic Soil Group type D soils (clay). [Minn. R. 7090] 16.19 This permit prohibits permittees from constructing infiltration systems within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located: a. in an Emergency Response Area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or b. in an ERA within a DWSMA classified as moderate vulnerability unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; or c. outside of an ERA within a DWSMA classified as having high or very high vulnerability, unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. See "higher level of engineering review" in the Minnesota Stormwater Manual for more information. [Minn. R. 7090] 16.20 This permit prohibits permittees from constructing infiltration systems in areas within 1,000 feet upgradient or 100 feet downgradient of active karst features. [Minn. R. 7090] 16.21 This permit prohibits permittees from constructing infiltration systems in areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities. [Minn. R. 7090] 17.1 Filtration Systems. [Minn. R. 7090] 17.2 Filtration options include, but are not limited to: sand filters with underdrains, biofiltration areas, swales using underdrains with impermeable check dams and underground sand filters. If permittees utilize a filtration system to meet the permanent stormwater treatment requirements of this permit, they must comply with items 17.3 through 17.11. [Minn. R. 7090] 17.3 Permittees must not install filter media until they construct and fully stabilize the contributing drainage area unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the filtration area. [Minn. R. 7090] 17.4 Permittees must design filtration systems to remove at least 80 percent of TSS. [Minn. R. 7090] 17.5 Permittees must use a pretreatment device such as a vegetated filter strip, small sedimentation basin, water quality inlet, forebay or hydrodynamic separator to remove settleable solids, floating materials, and oils and grease from the runoff, to the maximum extent practicable, before runoff enters the filtration system. [Minn. R. 7090] 17.6 Permittees must design filtration systems to treat a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase of impervious surfaces created by the project. [Minn. R. 7090] 17.7 Permittees must design the filtration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Additional flows that the system cannot filter within 48 hours must bypass the system or discharge through an emergency overflow. [Minn. R. 7090] 17.8 Permittees must design the filtration system to provide a means to visually verify the system is discharging through the soil surface or filter media within 48 hours. [Minn. R. 7090] 17.9 Permittees must employ appropriate on-site testing to ensure a minimum of three (3) feet of separation between the seasonally saturated soils (or from bedrock) and the bottom of the proposed filtration system. [Minn. R. 7090] 17.10 Permittees must ensure that filtration systems with less than three (3) feet of separation between seasonally saturated soils or from bedrock are constructed with an impermeable liner. [Minn. R. 7090] 17.11 The permittees must design a maintenance access, typically eight (8) feet wide, for the filtration system. [Minn. R. 7090] 18.1 Wet Sedimentation Basin. [Minn. R. 7090] 18.2 Permittees using a wet sedimentation basin to meet the permanent stormwater treatment requirements of this permit must incorporate the design parameters in item 18.3 through 18.10. [Minn. R. 7090] 18.3 Permittees must design the basin to have a permanent volume of 1,800 cubic feet of storage below the outlet pipe for each acre that drains to the basin. The basin's permanent volume must reach a minimum depth of at least three (3) feet and must have no depth greater than 10 feet. Permittees must configure the basin to minimize scour or resuspension of solids. [Minn. R. 7090] 18.4 Permittees must design the basin to provide live storage for a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase in impervious surfaces created by the project. [Minn.R. 7090] 18.5 Permittees must design basin outlets so the water quality volume discharges at no more than 5.66 cubic feet per second (cfs) per acre of surface area of the basin. [Minn. R. 7090] 18.6 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. Basin outlets must have energy dissipation. [Minn. R. 7090] 18.7 Permittees must design the basin to include a stabilized emergency overflow to accommodate storm events in excess of the basin's hydraulic design. [Minn. R. 7090] 18.8 Permittees must design a maintenance access, typically eight (8) feet wide, for the basin. [Minn. R. 7090] 18.9 Permittees must locate basins outside of surface waters and any buffer zone required in item 23.11. Permittees must design basins to avoid draining water from wetlands unless the impact to the wetland complies with the requirements of Section 22. [Minn. R. 7090] 18.10 Permittees must design basins using an impermeable liner if located within active karst terrain. [Minn. R.7090] 19.1 Regional Wet Sedimentation Basins. [Minn. R. 7090] 19.2 When the entire water quality volume cannot be retained onsite, permittees can use or create regional wet sedimentation basins provided they are constructed basins, not a natural wetland or water body, (wetlands used as regional basins must be mitigated for, see Section 22). The owner must ensure the regional basin conforms to all requirements for a wet sedimentation basin as described in items 18.3 through 18.10 and must be large enough to account for the entire area that drains to the regional basin. Permittees must verify that the regional basin will discharge at no more than 5.66 cfs per acre of surface area of the basin and must provide a live storage volume of one inch times all the impervious area draining to the basin. Permittees cannot significantly degrade waterways between the project and the regional basin. The owner must obtain written authorization from the applicable LGU or private entity that owns and maintains the regional basin. [Minn. R. 7090] 20.1 SWPPP Availability. [Minn. R. 7090] 20.2 Permittees must keep the SWPPP, including all changes to it, and inspections and maintenance records at the site during normal working hours by permittees who have operational control of that portion of the site. [Minn. R. 7090] 21.1 Training Requirements. [Minn. R. 7090] 21.2 Permittees must ensure all of the following individuals receive training and the content and extent of the training is commensurate with the individual's job duties and responsibilities with regard to activities covered under this permit: a. Individuals preparing the SWPPP for the project. b. Individuals overseeing implementation of, revising and/or amending the SWPPP and individuals performing inspections for the project. One of these individuals must be available for an onsite inspection within 72 hours upon request by the MPCA. c. Individuals performing or supervising the installation, maintenance and repair of BMPs. [Minn. R. 7090] 21.3 Permittees must ensure individuals identified in Section 21 receive training from local, state, federal agencies, professional organizations, or other entities with expertise in erosion prevention, sediment control, permanent stormwater treatment and the Minnesota NPDES/SDS Construction Stormwater permit. Permittees must ensure these individuals attend a refresher-training course every three (3) years.[Minn. R. 7090] 22.1 Requirements for Discharges to Wetlands. [Minn. R. 7050.0186] 22.2 If the project has any discharges with the potential for significant adverse impacts to a wetland, (e.g., conversion of a natural wetland to a stormwater pond) permittees must demonstrate that the wetland mitigative sequence has been followed in accordance with items 22.3 or 22.4. [Minn. R. 7050.0186] 22.3 If the potential adverse impacts to a wetland on a specific project site are addressed by permits or other approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, Minnesota Department of Natural Resources, or the State of Minnesota Wetland Conservation Act) that are issued specifically for the project and project site, permittees may use the permit or other determination issued by these agencies to show the potential adverse impacts are addressed. For purposes of this permit, deminimus actions are determinations by the permitting agency that address the project impacts, whereas a non-jurisdictional determination does not address project impacts. [Minn. R. 7090] 22.4 If there are impacts from the project not addressed in one of the permits or other determinations discussed in item 22.3 (e.g., permanent inundation or flooding of the wetland, significant degradation of water quality, excavation, filling, draining), permittees must minimize all adverse impacts to wetlands by utilizing appropriate measures. Permittees must use measures based on the nature of the wetland, its vegetative community types and the established hydrology. These measures include in order of preference: a. avoid all significant adverse impacts to wetlands from the project and post-project discharge; b. minimize any unavoidable impacts from the project and post-project discharge; c. provide compensatory mitigation when the permittees determine(s) that there is no reasonable and practicable alternative to having a significant adverse impact on a wetland. For compensatory mitigation, wetland restoration or creation must be of the same type, size and whenever reasonable and practicable in the same watershed as the impacted wetland. [Minn. R. 7050.0186] 23.1 Additional Requirements for Discharges to Special (Prohibited, Restricted, Other) and Impaired Waters. [Minn. R. 7090] 23.2 The BMPs identified for each special or impaired water are required for those areas of the project draining to a discharge point on the project that is within one mile (aerial radius measurement) of special or impaired water and flows to that special or impaired water. [Minn. R. 7090] 23.3 Discharges to the following special waters identified as Prohibited in Minn. R. 7050.0035 Subp. 3 must incorporate the BMPs outlined in items 23.9, 23.10, 23.11, 23.13 and 23.14: a. Boundary Waters Canoe Area Wilderness; Voyageurs National Park; Kettle River from the site of the former dam at Sandstone to its confluence with the Saint Croix River; Rum River from Ogechie Lake spillway to the northernmost confluence with Lake Onamia. b. Those portions of Lake Superior North of latitude 47 degrees, 57 minutes, 13 seconds, East of Hat Point, South of the Minnesota-Ontario boundary, and West of the Minnesota-Michigan boundary; c. Scientific and Natural Areas identified as in Minn. R. 7050.0335 Subp. 3: Boot Lake, Anoka County; Kettle River in sections 15, 22, 23, T 41 N, R 20, Pine County; Pennington Bog, Beltrami County; Purvis Lake-Ober Foundation, Saint Louis County; waters within the borders of Itasca Wilderness Sanctuary, Clearwater County; Wolsfeld Woods, Hennepin County; Green Water Lake, Becker County; Blackdog Preserve, Dakota County; Prairie Bush Clover, Jackson County; Black Lake Bog, Pine County; Pembina Trail Preserve, Polk County; and Falls Creek, Washington County. [Minn. R. 7050.0335, Subp. 3] 23.4 Discharges to the following special waters identified as Restricted must incorporate the BMPs outlined in items 23.9, 23.10 and 23.11: a. Lake Superior, except those portions identified as prohibited in item 23.3.b; b. Mississippi River in those portions from Lake Itasca to the southerly boundary of Morrison County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981; c. Scenic or Recreational River Segments: Saint Croix River, entire length; Cannon River from northern city limits of Faribault to its confluence with the Mississippi River; North Fork of the Crow River from Lake Koronis outlet to the Meeker-Wright county line; Kettle River from north Pine County line to the site of the former dam at Sandstone; Minnesota River from Lac que Parle dam to Redwood County State Aid Highway 11; Mississippi River from County State Aid Highway 7 bridge in Saint Cloud to northwestern city limits of Anoka; and Rum River from State Highway 27 bridge in Onamia to Madison and Rice streets in Anoka; d. Lake Trout Lakes identified in Minn. R. 7050.0335 including lake trout lakes inside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park; e. Calcareous Fens listed in Minn. R. 7050.0335, Subp. 1. [Minn. R. 7050.0335, Subp. 1] 23.5 Discharges to the Trout Lakes (other special water) identified in Minn. R. 6264.0050, subp. 2 must incorporate the BMPs outlined in items 23.9, 23.10 and 23.11. [Minn. R. 6264.0050, Subp. 2] 23.6 Discharges to the Trout Streams (other special water) listed in Minn. R. 6264.0050, subp. 4 must incorporate the BMPs outlined in items 23.9, 23.10, 23.11 and 23.12. [Minn. R. 6264.0050, Subp. 4] 23.7 Discharges to impaired waters or a water with an USEPA approved TMDL for any of the impairments listed in this item must incorporate the BMPs outlined in items 23.9 and 23.10. Impaired waters are waters identified as impaired under section 303 (d) of the federal Clean Water Act for phosphorus (nutrient eutrophication biological indicators), turbidity, TSS, dissolved oxygen or aquatic biota (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate bioassessment). Terms used for the pollutants or stressors in this item are subject to change. The MPCA will list terminology changes on its construction stormwater website. [Minn. R. 7090] 23.8 Where the additional BMPs in this Section conflict with requirements elsewhere in this permit, items 23.9 through 23.14 take precedence. [Minn. R. 7090] 23.9 Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. [Minn. R. 7090] 23.10 Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090] 23.11 Permittees must include an undisturbed buffer zone of not less than 100 linear feet from a special water (not including tributaries) and must maintain this buffer zone at all times, both during construction and as a permanent feature post construction, except where a water crossing or other encroachment is necessary to complete the project. Permittees must fully document the circumstance and reasons the buffer encroachment is necessary in the SWPPP and include restoration activities. This permit allows replacement of existing impervious surface within the buffer. Permittees must minimize all potential water quality, scenic and other environmental impacts of these exceptions by the use of additional or redundant (double) BMPs and must document this in the SWPPP for the project. [Minn. R. 7090] 23.12 Permittees must design the permanent stormwater treatment system so the discharge from the project minimizes any increase in the temperature of trout streams resulting from the one (1) and two (2) year 24- hour precipitation events. This includes all tributaries of designated trout streams located within the same Public Land Survey System (PLSS) Section. Permittees must incorporate one or more of the following measures, in order of preference: a. Provide stormwater infiltration or other volume reduction practices as described in item 15.4 and 15.5, to reduce runoff. Infiltration systems must discharge all stormwater routed to the system within 24 hours. b. Provide stormwater filtration as described in Section 17. Filtration systems must discharge all stormwater routed to the system within 24 hours. c. Minimize the discharge from connected impervious surfaces by discharging to vegetated areas, or grass swales, and through the use of other non-structural controls. d. If ponding is used, the design must include an appropriate combination of measures such as shading, vegetated swale discharges or constructed wetland treatment cells that limit temperature increases. The pond must be designed as a dry pond and should draw down in 24 hours or less. e. Other methods that minimize any increase in the temperature of the trout stream. [Minn. R. 7090] 23.13 Permittees must conduct routine site inspections once every three (3) days as described in item 11.2 for projects that discharge to prohibited waters. [Minn. R. 7090] 23.14 If discharges to prohibited waters cannot provide volume reduction equal to one (1) inch times the net increase of impervious surfaces as required in item 15.4 and 15.5, permittees must develop a permanent stormwater treatment system design that will result in no net increase of TSS or phosphorus to the prohibited water. Permittees must keep the plan in the SWPPP for the project. [Minn. R. 7090] 24.1 General Provisions. [Minn. R. 7090] 24.2 If the MPCA determines that an individual permit would more appropriately regulate the construction activity, the MPCA may require an individual permit to continue the construction activity. Coverage under this general permit will remain in effect until the MPCA issues an individual permit. [Minn. R. 7001.0210,Subp. 6] 24.3 If the permittee cannot meet the terms and conditions of this general permit, an owner may request an individual permit, in accordance with Minn. R. 7001.0210 subp. 6. [Minn. R. 7001.0210, Subp. 6] 24.4 Any interested person may petition the MPCA to require an individual NPDES/SDS permit in accordance with 40 CFR 122.28(b)(3). [40 CFR 122.29(b)(3)] 24.5 Permittees must make the SWPPP, including all inspection reports, maintenance records, training records and other information required by this permit, available to federal, state, and local officials within three (3) days upon request for the duration of the permit and for three (3) years following the NOT. [Minn. R.7090] 24.6 Permittees may not assign or transfer this permit except when the transfer occurs in accordance with the applicable requirements of item 3.7 and 3.8. [Minn. R. 7090] 24.7 Nothing in this permit must be construed to relieve the permittees from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit must be construed to preclude the initiation of any legal action or relieve the permittees from any responsibilities, liabilities, or penalties to which the permittees is/are or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. Sect. 115 and 116, as amended. Permittees are not liable for permit requirements for activities occurring on those portions of a site where the permit has been transferred to another party as required in item 3.7 or the permittees have submitted the NOT as required in Section 4. [Minn. R. 7090] 24.8 The provisions of this permit are severable. If any provision of this permit or the application of any provision of this permit to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this permit must not be affected thereby. [Minn. R. 7090] 24.9 The permittees must comply with the provisions of Minn. R. 7001.0150, subp. 3 and Minn. R. 7001.1090, subp. 1(A), 1(B), 1(C), 1(H), 1(I), 1(J), 1(K), and 1(L). [Minn. R. 7090] 24.10 The permittees must allow access as provided in 40 CFR 122.41(i) and Minn. Stat. Sect. 115.04. The permittees must allow representatives of the MPCA or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, to enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations. [40 CFR 122.41(i)] 24.11 For the purposes of Minn. R. 7090 and other documents that reference specific sections of this permit, "Stormwater Discharge Design Requirements" corresponds to Sections 5, 6 and 14 through 21; "Construction Activity Requirements" corresponds to Sections 7 through 13; and "Appendix A" corresponds to Sections 22 and 23. [Minn. R. 7090] Pa g e 2 4 o f 4 5 SB-1 Pa g e 2 5 o f 4 5 SB-1 Pa g e 2 6 o f 4 5 SB-1 Pa g e 2 7 o f 4 5 Pa g e 2 8 o f 4 5 SB-1 Know what's below. before you dig.Call R Pa g e 2 9 o f 4 5 SB-1 Know what's below. before you dig.Call R Pa g e 3 0 o f 4 5 SB-1 Know what's below. before you dig.Call R Pa g e 3 1 o f 4 5 SB-1 Know what's below. before you dig.Call R Pa g e 3 2 o f 4 5 Pa g e 3 3 o f 4 5 Pa g e 3 4 o f 4 5 Pa g e 3 5 o f 4 5 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Petition to rezone properties from MUCI (Mixed Use Commercial/Industrial) to I (Industrial) PID# 14-25852-00-010 PID# 14-25852-00-020 Meeting: Planning Commission - Jun 11 2024 INTRODUCTION: The applicant, R&L Carriers, has submitted a petition for the rezoning of two parcels of land. The subject parcels are: 1. PID# 14-25852-00-010 (Outlot A Farmington Industrial Park 3rd Addition) 2. PID# 14-25852-00-020 (Outlot B Farmington Industrial Park 3rd Addition) Please note attached location map labeled Exhibit A. The subject properties are owned by POR- MKR REAL ESTATE, LLC. DISCUSSION: R&L Carriers is proposing an expansion to their trucking terminal located at 5260 208th Street W. The expansion (as shown on the attached concept plan labeled Exhibit B) would potentially include a and parking surface paved additional with along expansion building foot square 76,230 stormwater facilities. The expansion necessitates the acquisition and subsequent combination, via plat, of Lot 1, Block 1 Farmington Industrial Park 3rd Addition and Oultots A and B Farmington Industrial Park 3rd Addition with R&L's existing site located at 5260 208th Street W. The existing site for R&L Carriers along with the parcel legally described as Lot 1, Block 1 Farmington Industrial Park 3rd Addition are currently zoned I (Industrial) in which truck terminals are (Mixed-Use MUCI zoned currently are B and A Outlots use. conditional a Commercial/Industrial) and truck terminals are neither a permitted or conditional use. The applicant is requesting that the zoning be amended for Outlots A and B Farmington Industrial Park 3rd Addition from MUCI (Mixed-Use Commercial/Industrial) to I (Industrial). I have attached as Exhibit C the city's zoning map identifying the parcels to be rezoned. Outlots are guided as Mixed-Use Addition Park Industrial 3rd B and A Farmington for (Commercial/Industrial) within the city's comprehensive plan. This guidance allows the integration of commercial and industrial land uses which are compatible with each other. Staff is Page 36 of 45 comfortable leaving this guidance in place as it does contemplate the type of use that is being proposed (Industrial). BUDGET IMPACT: Not applicable ACTION REQUESTED: Recommend approval of the rezoning of Outlot A (PID# 14-25852-00-010) and Outlot B (PID# 14- 25852-00-020) Farmington Industrial Park 3rd Addition from MUCI (Mixed-Use Commercial/Industrial) to I (Industrial) and forward that recommendation on to the City Council. ATTACHMENTS: Exhibit A Location map Exhibit B Farmington Concept v1 Zoning_June22 Page 37 of 45 Page 38 of 45 CCCCCCCCCCCCC C C C C C C CCCCCCCCCCCCCCCCCCCCCCCCCCCC C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C UE UE UE UE UE UE UE UE LS B LS B LS B LS B LS B LS B LS B LS B LSB LSB LSB LSB LSB LSB LSB LSB LSB BSL BSL BSL BSL BSL BSL BS L BS L BS L BS L BS L BS L BSL BSL BSL BSL BSL BSL BS L BSL BSL BSL BSLBS L BS L BS L BS L BS L BS L BS L BS L BSL BSL BSL BSL G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G 120' 660.3' 70' 100' 55' 12' 55' 12' 18' TYP. 9' TYP EMPLOYEE PARKING 254 EMPLOYEE SPACES TERMINAL BUILDING EXPANSION 72,940 SF 114 DOORS 2.5 ADDITIONAL MAINTENANCE BAYS PROPOSED STORMWATER BMP ±6.20 AC 100' 65' 55' 55' 208TH ST W PI L O T K N O B R D 24' 18' TYP 55' 100' 24' TYP 24'EXISTING BUILDING ±63,650 SF ±106 DOORS EXISTING GATE AND GUARD HOUSE 51 ADDITIONAL TRACTOR PARKING 12' TYP 30' 40' 60' 40' 60' 62' 10' LANDSCAPE BUFFER 50' BUILDING SETBACK 25' BUILDING SETBACK 25' BUILDING SETBACK 10' LANDSCAPE BUFFER FROM EDGE OF DRAINAGE EASEMENT 10' UTILITY EASEMENT 10' DRAINAGE EASEMENT EXISTING 24" GAS MAIN 134' NATURAL GAS EASEMENT EXISTING 16" GAS MAIN 57' 60' 10' BUILDING CANOPY OVERHANG 55' 0 January 25, 2024200 SOUTH TRYON ST, SUITE 200, CHARLOTTE, NC 28202 This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.PHONE: 704-333-5131 WWW.KIMLEY-HORN.COM THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, CODE RESEARCH, OR CONTACT WITH THE CITY, COUNTY, ETC. NORTH CAROLINA LICENSE No F-0102 © 2024 KIMLEY-HORN AND ASSOCIATES, INC. 40'80'160'240'R+L CARRIERS - FARMINGTON, MN CONCEPT V1 SHEET 1 of 1 Plotted By:Craven, Shannon (Maguire) Layout:XConcpt-01 January 25, 2024 02:36:13pm K:\CHL_PRJ\016960 R+L Carriers\012 Farmington MN\02 - DWG\Exhibit\_01 Concepts\xCncpt-01.dwg NORTH Contact: PRELIMINARY ZONING INFORMATION SITE AREA ±34.69 AC BUILDING SIZE EXISTING: ±63,650 SF EXPANSION: ±76,230 SF TOTAL PROPOSED: ±139,880 SF ZONING CURRENT: I (INDUSTRIAL), AG (AGRICULTURAL) PROPOSED: I (INDUSTRIAL) ACCESS TWO (2) EXISTING FULL ACCESS REQUIRED BUILDING SETBACKS FRONT: 50 FEET SIDE 25 FEET REAR: 25 FEET REQUIRED LANDSCAPE BUFFER FRONT: 10 FEET SIDE (R/W): 10 FEET SIDE (LOT): N/A REAR: N/A REQUIRED EMPLOYEE PARKING FOR PROPOSED USE MINIMUM: 1 PER 2000 SF 76,230 / 2000 = 39 SPACES PROVIDED EMPLOYEE PARKING PARKING PROVIDED: 254 SPACES (9'X18') PROPOSED TRAILER PARKING SPACES 144 SPACES (12'X55') TRUCK TERMINAL BAYS EXISTING: 106 EXPANSION: 114 TOTAL PROPOSED: 220 STORMWATER MANAGEMENT BASED ON A PRELIMINARY TAKEOFF, A NEW PROPOSED POND LOCATION HAS BEEN ESTABLISHED AT THE NORTHWEST CORNER OF THE SITE. THIS POND WILL SERVE THE EXISTING SITE AS WELL AS THE PROPOSED IMPROVEMENTS. ALL STORMWATER MANAGEMENT SHOULD BE PROVIDED IN ACCORDANCE WITH THE CITY OF FARMINGTON ENGINEERING GUIDELINES MANUAL AND THE MEQB. NOTES: 1.THIS SITE PLAN, BEING PRELIMINARY IN NATURE, DOES NOT GUARANTEE THAT ALL REQUIREMENTS FOR ZONING ISSUES, NOR STORM DRAINAGE, GRADING, UTILITY EASEMENTS, AND THE LIKE ARE PROPERLY ADDRESSED AT THIS TIME. THE ABOVE REQUIREMENTS CAN AFFECT THE LAYOUT OF THE SITE. 2.BASED ON AS-BUILTS PROVIDED BY THE CITY OF FARMINGTON, THERE ARE 2 EXISTING GAS MAINS AND AN ASSOCIATED 134' EASEMENT RUNNING ALONG THE SOUTHERN PROPERTY LINE. FURTHER COORDINATION WITH UTILICORP UNITED INC. WILL BE REQUIRED TO DETERMINE TO DETERMINE WHAT IS PERMITTED WITHIN THE EASEMENT. 3.REZONING IS REQUIRED FOR THE TWO EASTERN PARCELS. FURTHER COORDINATION WITH THE CITY OF FARMINGTON WILL BE REQUIRED. 4.A CONDITIONAL USE PERMIT WILL BE REQUIRED. FURTHER COORDINATION WITH THE CITY OF FARMINGTON WILL BE REQUIRED. Pa g e 3 9 o f 4 5 Page 40 of 45 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Discussion on Cannabis Businesses and Zoning Meeting: Planning Commission - Jun 11 2024 INTRODUCTION: As the Commission may be aware, the Minnesota Legislature enacted, and the Governor signed, 2023 Minnesota Session Laws, Chapter 63 - H.F. No. 100 which is comprehensive legislation relating to cannabis. This legislation included, but not limited to:  The establishment of the Office of Cannabis Management ("OCM");  The legalizing and limiting the possession and use of cannabis and certain hemp products by adults;  Providing for the licensing, inspection, and regulation of cannabis and hemp businesses;  Taxing the sale of cannabis flower, cannabis products, and certain hemp products;  Providing for the temporary regulation of edible cannabinoid products. Within the legislation is also a provision that allows cities to enact interim ordinances (moratoriums) on the operation of cannabis businesses until January 1, 2025. A moratorium would potentially provide the City with time to study the impacts on zoning and to create appropriate regulations. Staff will likely be discussing a potential moratorium with the City Council at an upcoming Council meeting. Staff has already started to receive inquiries about where these businesses will be allowed to operate. The Office of Cannabis Management is working to draft a model ordinance that cities can use as a template to update their codes and regulations. As of the date of this memo the draft has not been formally released for use. In the mean time, staff would like to start the conversation with the Commission as to where these types of businesses may be allowed. For the Commission's reference I have attached a land use table that breaks down uses by zoning district. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Page 41 of 45 Discuss the potential location(s) of cannabis related businesses within the City's zoning districts. ATTACHMENTS: Zoning Use Table Page 42 of 45 City of Farmington - Zoning Use Table Ag.Parks Uses: A-1 R-1 R-2 R-3 R-4 R-D B-1 B-2 B-3 SSMU MUCI MUCR I P/OS Accessory Apartment A A A Accessory Structures A A A A A A Agriculture P P P Agriculture Services C Animal Clinics P P P C Auction Houses C Auto Repair, Major C C Auto Repair, Major (Interior of Principal Building Only)C Auto Repair, Minor C P C Auto Sales P Bed & Breakfast C C C C Breweries P P P Breweries, Small P P P Taprooms as Accessory to Breweries or Small Breweries A C C Brewpubs C C C C C Bus Terminal C Car Washes C C Cemeteries C C C Child Daycare Center, Commerical C C C P P C C Clinics C C C P P P C Clubs C C P P Coffee Shops P P P Commerical Recreation, Indoor P P C Commerical Recreation, Outdoor C Commerical Recreational Uses C P P C Commerical Services P P P P Community Solar Gardens C Convenience Store, With Gas C C C C C C Convenience Store, Without Gas P P Data Center P P P P P Daycare Facilities, In-Home A A A A A A Dental Laboratories C C C Distilleries P P P Dwelling, Apartment P C C C C Dwelling, Apartment/Commerical C Dwelling, Single-Unit P P P P Dwelling, Townhouse P P C Dwelling, Twin Home P P P Dwelling, Two-Unit (Duplex)P P P Dwelling, Three/Four Unit (Triplex, Quadplex)P Equipment Maintenance and Storage Facilities C Feedlots C Food Processing Facilities C Funeral Homes C C C C C Greenhouse & Nurseries, Commerical P C Grocery Stores C C C C Group Daycare, 12 or Fewer Persons P P P P P Group Daycare, 13-16 Persons C C C Group Daycare Centers, Commercial C C Residential Commerical/Industrial Pa g e 4 3 o f 4 5 City of Farmington - Zoning Use Table Ag.Parks Uses: A-1 R-1 R-2 R-3 R-4 R-D B-1 B-2 B-3 SSMU MUCI MUCR I P/OS Residential Commerical/Industrial Group Home, 6 or Fewer Persons P P P P P Group Home, 7-16 Persons C C Golf Courses C C P Health Clubs P P P C Home And Trailer Sales/Display C Home Occupations A A A A A A Hospitals C C C Hotel P C C P C Impound Lot C Kennels, Commercial C C C Kennels, Residential Hobby A Light Manufacturing Facilities P P Limited Commerical Venture C C C C C Manufactured Home P P P Manufacturing Facilities C C Mechanical Sales, Service and Repair P Microdistilleries P P P Cocktail Rooms As Accessory to A Microdistilleries A C C Mini Storage Units C Mineral Extraction C I I I Mixed Use Building P C C C Motel P C C C Neighborhood Services P P Non-Commerical Nursery P Non-Profit Recreational, Cultural, and Entertainment Uses P P Offices C P P P P P P Office Showroom P Office Warehouse P Outdoor Sales C C C Parking Lots A A A A A A A P Personal and Professional Services P P P Personal and Professional Services, Less Than 3,000 SF P Personal and Professional Services, Greater Than 3,000 SF C Personal Health and Beauty Services P P P Personal Health and Beauty Services, Less Than 3,000 SF P Personal Health and Beauty Services, Greater Than 3,000 SF C Petroleum Bulk Storage C Places of Worship C C C C C C C C Public and Parochial Schools C C C C C C Public Buildings and Facilities C C C C C C C P P C P Public Gardens P Public Parks & Playgrounds P P P P P P P Public Utility Buildings C C C C C C C C C C C C C P Recreation Equipment Sales/Service/Repair P P Recreational Vehicle Storage Facilities P C Recycling Facilities C Research Facilities P P Restaurants, Class I, Traditional P P P P P P Restaurants, Class II, Fast Food Convenience C C C C C Pa g e 4 4 o f 4 5 City of Farmington - Zoning Use Table Ag.Parks Uses: A-1 R-1 R-2 R-3 R-4 R-D B-1 B-2 B-3 SSMU MUCI MUCR I P/OS Residential Commerical/Industrial Restaurants, Class III, With Liquor Service C C C C C Restaurants, Class IV, Non-Intoxicating C C P Retail Sales And Services P P P P P C Seasonal Produce Stands P Senior Care Facility C C C C Sexual Oriented Business - Accessory A A P Soil Pulverizing Operation I Solar Energy Systems A A A A A A C C C Specialized Animal Raising Facilities P Stables and Riding Academies C Supply Yards C P Theaters C C C C C Towers C Truck Gardening P Truck Terminals P C Warehousing Facilities C P P Warehouse Retail C Wildlife Feeding Station C Wholesale Businesses C P P = Permitted C = Conditional A = Accessory I = Interim Pa g e 4 5 o f 4 5