Anyone speaking to the Planning Commission shall state

All agenda items will be heard by the County Board of Commissioners on, Tuesday, October 23rd, 2018. The meeting will begin at 9:00 A.M. in the Commissioners Room, of the Blue Earth County Courthouse, 204 South Fifth Street, Mankato,

Minnesota.

Blue Earth County Planning Commission Members:

Chair Lyle Femrite, Kurt Anderson, Bill Anderson, Kip Bruender,

Barry Jacques, Michael Riley and Joe Smentek.

AGENDA Blue Earth County Planning Commission

Regular Meeting Wednesday, October 3, 2018 - 7:30 PM

Blue Earth County Commissioners Room County Courthouse, 204 South Fifth Street, Mankato, Minnesota

1. CALL TO ORDER

2. APPROVAL OF MINUTES – September 5th, 2018 Regular Meeting

3. APPROVAL OF AGENDA

4. NEW BUSINESS

PC 21-18

Thomas Lyons - Request for review and approval of the Preliminary Plat of the Lyons Subdivision, a

Subdivision Plat consisting of one lot. This portion of the property is zoned Rural Townsite. It is also within

the Shoreland Overlay District of Lake Ballantyne and the Urban Fringe Overlay District of the City of

Madison Lake. The proposed plat is located in the Southeast Quarter of the Northeast Quarter of Section

28, Jamestown Township.

PC 22-18

SN Mankato LLC & W W Land Company LLC - Request for review and approval of a conditional use

permit to cut and fill in a Bluff Impact Zone as part of a ravine stabilization project. The property is zoned

Highway Business and is within the Urban Fringe Overlay District of the City of Mankato. The site is

located in the southeast corner of the Southwest Quarter of the Northeast Quarter of Section 19, South Bend

Township.

5. OTHER BUSINESS

• Update/Review of County Board action of items from previous Planning Commission meeting

a) Berndt – Transfer of Residential Development Right – approved as recommended.

b) Associated Finishing, LLC – Bluff stabilization project – approved as recommended.

c) 2nd Public Information Meeting for the Land Use Plan Update

6. ADJOURNMENT

Anyone speaking to the Planning Commission shall state their name and address for the record.

Thank you.

MINUTES

Blue Earth County Planning Commission

Regular Meeting

Wednesday September 5, 2018

7:00 p.m.

1. CALL TO ORDER

The meeting was called to order at 7:46 p.m. by Chairman Lyle Femrite. Planning

Commission members present were Bill Anderson, Kurt Anderson, Lyle Femrite, Barry

Jacques, Kip Bruender, Michael Riley and Joe Smentek. County staff members Aaron

Stubbs, Garett Rohlfing, George Leary, and Meghan Bajula-Hagen were also present.

2. APPROVAL OF MINUTES

Mr. Bruender made a motion to approve the minutes for the August 1st, 2018 regular

Planning Commission meeting. Mr. Smentek seconded the motion and the motion carried

unanimously.

3. APPROVAL OF AGENDA

Mr. Leary indicated there was no change to the agenda.

4. NEW BUSINESS

PC 19-18

Russel & Janice Berndt - Request for review and approval of a Conditional Use Permit to transfer

a Residential Development Right from the Southwest Quarter of the Southeast Quarter to the

Southeast Quarter of the Southeast Quarter of Section 6, Lyra Township. The sending and

receiving properties are zoned Conservation and include some areas within the Shoreland Overlay

District of the Blue Earth River.

Mr. Rolfing presented the staff report.

The applicants were present and commented that they would be the ones building and that their

daughter would be moving into the existing home.

There was little discussion by the Planning Commission and no public comment.

Mr. Smentek made a motion to forward a recommendation of approval to the County Board with

the findings proposed by staff. Mr. Bill Anderson seconded the motion and the motion carried

unanimously.

PC 20-18

Associated Finishing, LLC - Request for review and approval of a Conditional Use Permit to

allow for a Bluff Stabilization Project. The proposed stabilization project will require the

movement of approximately 30,000 cubic yards of material, and the disturbance of approximately

3.4 acres. The property is zoned Light Industrial and is described as Lot 2, Block 1 of the Turtle /

Klammer Subdivision, all located in part of the Northwest Quarter of the Northeast Quarter of

Section 23, South Bend Township.

Mr. Stubbs presented the staff report.

The applicants present and made no further comment.

June Londquist, South Bend Township Chair, was present and commented that the project would

be a good improvement.

Mr. Femrite stated that the project looks like quite an improvement.

Mr. Bruender stated that they started the project four to five months ago. He indicated he has been

on site and it will be a nice safe site once completed.

Mr. Bruender made a motion to forward a recommendation of approval to the County Board with

the findings proposed by staff. Mr. Smentek seconded the motion and the motion carried

unanimously.

5. COUNTY BOARD ACTIONS ON PREVIOUS MONTH’S AGENDA

Key Cities Conservation Club - Conditional Use Permit to allow a grading project of

approximately 715 cubic yards of material for the creation of a berm to enhance the use of the

property for firearms educational and training purposes. Mr. Leary advised the Commission that

the request was approved with conditions recommended by the Planning Commission.

6. ADJOURNMENT

Mr. Smentek made a motion to adjourn the meeting. Mr. Jacques seconded the motion and the

meeting was adjourned at 8:25 p.m.

_________________________________ ______________________

Planning Commission Chair Date

_________________________________ ______________________

Planning Commission Secretary Date

PC 21-18

Tom Lyons

Preliminary Plat

10/03/2018

1

Property Owner and Applicant

Tom Lyons

23560 Nuthatch Road

Madison Lake, MN 56063

Request and Location

Request for review and approval of the Preliminary Plat of the Lyons Subdivision, a Subdivision

Plat consisting of one lot. This portion of the property is zoned Rural Townsite. It is also within

the Shoreland Overlay District of Lake Ballantyne and the Urban Fringe Overlay District of the

City of Madison Lake. The proposed plat is located in the Southeast Quarter of the Northeast

Quarter of Section 28, Jamestown Township.

Legal Description

As defined on the Plat of Lyons Subdivision.

Zoning

The property is zoned Rural Townsite.

General Site Description and Project Proposal

The entire parcel has been in the Lyons family for several generations. Within the larger parcel are

areas of farm land, wooded areas, steep slopes, a small creek, and large areas of wetland. Over

time, portions of the parcel have been cut-out to accommodate other Subdivision Plats and

residential developments. Currently, the 78.06-acre parcel has one residential structure that was

constructed in 1887, a 20’ x 20’ detached garage that was built in 1950, and a small 10’ x 12’

garden shed.

The house has fallen into disrepair and the applicant does not have the desire to reconstruct it.

However, he would like to retain ownership of the surrounding property for the future enjoyment

of his family. In September of 2018, a Variance was approved to reduce the required Buildable

Area from 43,560 ft2 to 4,092 ft2. The applicant is now requesting approval of a Preliminary Plat

to allow for the developed portion of the parcel to be split from the larger remaining parcel.

Project Outcome

If approved, the Lyons Subdivision will include one lot. See Attachment A-3

• Lot 1 Block 1 – will include a 1.21-acre Parcel with a 4,092 ft2 Buildable Area

Existing Land Use within One Mile

North: One residential property, woodland, cropland, Mud Lake, and areas of wetland

South: County Road 187, several residential properties, and Lake Ballantyne

East: An unnamed creek, areas of wetland, two residential properties, cropland, a boundary for

the City of Madison Lake, and Duck Lake

West: Woodland, areas of wetland, several residential properties, a private pond, and cropland

PC 21-18

Tom Lyons

Preliminary Plat

10/03/2018

2

Access

No change in access is being proposed. The existing access is to and from County Road 187. The

Access is secured by an Access Easement, Recorded in 1994. This easement agreement gives

permanent Access to the property using the driveway of the residential property to the north, Lot

1 of the Farrell Subdivision No.3.

Land Use Plan

The Urban Development Goal of the current Land Use Plan calls for the County to support orderly

growth out from urban areas with urban utility services. As discussed previously, this is an

urbanized area by Blue Earth County standards and most of the properties in this area have

connections to the sewer district. Therefore, it appears the proposal is not in conflict with the

currently adopted Land Use Plan.

NATURAL RESOURCES INFORMATION

Topography

The topography of this site ranges between areas of gradual elevation changes to areas that meet

the County’s definition of a bluff. See Attachment A-4

Floodplain

The nearest area of mapped FEMA Floodplain is over 2 miles away. Therefore, no attachment has

been included.

Shoreland

The entire property is within the Shoreland Overlay District of Madison Lake and Mud Lake.

See Attachment A-5

Township Review

In a letter dated August 22, 2018, Jim Anderson the Clerk for Jamestown Township stated that the

applicant attended the August 2018 Township Meeting. During this meeting, the applicant

explained his proposed project. He also stated that he explored alternative options, but the survey

and wetland delineation proved that the current request is the minimum available around the

existing development. The Jamestown Township Board approved of the applicants request with

no additional conditions required.

PC 21-18

Tom Lyons

Preliminary Plat

10/03/2018

3

City of Madison Lake Review

On September 4, 2018 staff received an email from Curt Kephart, the City Administrator for the

City of Madison Lake. Mr. Kephart stated that this request was reviewed by the City Council at

their September 4th meeting. He stated that a primary concern expressed by the Council was related

to potential impacts to water quality, and the possible environmental impacts development could

impose on the existing conditions of this site. Mr. Kephart stated the City Council supports

whatever action is taken by the County’s Board of Adjustment but asked that staff ensures the

Board is aware of their concerns and implications of potential annexation.

Minnesota Department of Natural Resources Review

Staff initially contacted the DNR for review comments on August 9, 2018. At that time, Area

Hydrologist Dan Girolamo stated he would review the request and provide comments the next

week. On August 15, 2018, Mr. Girolamo stated the DNR was not in favor of the request because

adding a second home to the property would negatively impact the nearby delineated wetland.

Staff contacted Mr. Girolamo and attempted to better explain the request. It was clarified that this

parcel currently has a residential structure that is considered a legal non-conforming structure

which could be repaired or replaced in its current 3D footprint under Subdivision 4 of MN State

Statute 394.36 NONCONFORMITIES. It was also reiterated that this request would not allow

a second dwelling to be built on the property. At that time, Mr. Girolamo stated he would amend

his review comments. On August 20, 2018, Mr. Girolamo provided an amended review letter

which stated the DNR was not in support of the request and still referred to the construction of a

second dwelling on this property. Staff called Mr. Girolamo again to try and further clarify the

request. Mr. Girolamo sent an email on August 22, 2018 stating that the last letter he sent was the

final review letter from the DNR. Staff replied to Mr. Girolamo’s email and explained that his

review comments still did not reflect accurate information because there was not a second dwelling

being proposed, nor would the approval of this request allow for a second dwelling to be

constructed on this parcel. On August 23, 2018, Dan Girolamo sent staff a third review letter. In

this letter he stated the DNR does not support this request. He stated that subdividing this parcel

will create a denser development and will increase stormwater runoff into the adjacent wetlands.

In addition, he stated that the parcel is large enough to develop a plat which does not require a

variance. He stated that lack of access to other upland areas was provided as a reason for the

variance but that long driveways are not uncommon. See Attachment A-6

Environmental Health Review

See Attachment A-7

PC 21-18

Tom Lyons

Preliminary Plat

10/03/2018

4

APPLICABLE SECTIONS OF THE CODE OF ORDINANCES

Sec. 20-81. – Major subdivision plat determination

The determination of when a Plat is required shall be based upon existing and proposed land

divisions within each individual quarter-quarter section. A Plat is required if any of the following

conditions exist:

1.) A land division is proposed in any area outside of either the Agricultural, or Conservation

zoning districts, except when exempted in Section 20-102 (e) or (f)

CODE OF ORDINANCES REVIEW

Based on the information submitted by the applicant, contained in this report, and as required in

Section 24-47 (f) (l), of the Blue Earth County Code of Ordinances, the following opinions have

been developed for this request:

1. That the proposed subdivision conforms with the county land use plan.

2. That the proposed subdivision conforms with the county land division ordinance.

3. That the proposed subdivision will not degrade the water quality of the county.

4. That the proposed subdivision will not adversely increase the quantity of water runoff.

5. That soil conditions are adequate to accommodate the proposed subdivision.

6. That the proposed subdivision does not create a potential pollution hazard.

7. That adequate utilities, access roads, drainage and other necessary facilities have been or are

being provided.

8. That the proposed subdivision will not be injurious to the use and enjoyment of other property

in the immediate vicinity for the purposes already permitted.

9. That the establishment of the proposed subdivision will not impede the normal and orderly

development and improvement of surrounding vacant property for predominant uses in the

area.

Recommendation

Staff recommends APPROVAL of the Preliminary Subdivision Plat of the Lyons Subdivision, a

subdivision consisting of one lot contingent upon the following conditions:

1. Prior to applying for the Final Plat, the property owner shall have the currently unsealed well,

located on the west side of the property, sealed by a licensed well contractor.

PC 21-18

Tom Lyons

Preliminary Plat

10/03/2018

5

Attachments:

A-1 General Location Map

A-2 Site Map

A-3 Preliminary Plat

A-4 Topography Map

A-5 Shoreland Overlay Map

A-6 DNR Review Letter

A-7 Environmental Health Comments

Attachment A-1

General Location Map

General Location MapAttachment A-1

Site of theProposed Subdivison

Plat

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235th St

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Madison Lake

µ0 490 980245 Feet

Current Site MapAttachment A-2

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235th St

Nisswa Ln

")187

µ0 120 24060 Feet

Current Site Map (cont.)Attachment A-2

S 07

°31'

52" E

139.

51S 89°32'58" W

200.00

S 00

°27'

02" E

205.

00

S 89°32'58" W86.00

N 0

0°27

'02"

W31

2.39

N 80°28'50" E

129.91

N 85°14'39" E140.91

BLOCK 1

LOT 1

10361034

1032 10301028 102610241022

1038

(PROPOSED)

0.09 ACRES (4092 S.F.)BUILDABLE AREA =

LYONS SUBDIVISON

BOLTON & MENK, INC.THIS PLAT PREPARED BY

PRELIMINARY PLAT

235th St

Nuth

at c

h R

d

Nisswa Ln

")187

1020

1030

1040

1050

1020

10301

020

1020

1030

1040

1050

1020

1050

1050

Madison Lake

µ

0 570 1,140285 Feet

-

Elevation Contour

Index (10 Ft)

Intermediate (2 Ft)Source: Contours - MN LiDAR 2012

Topography MapAttachment A-4

235th St

Nis

swa L

n

")187

1020

1030

1020

1020

1030

µ

0 130 26065 Feet

-

Elevation Contour

Index (10 Ft)

Intermediate (2 Ft)Source: Contours - MN LiDAR 2012

Topography Map (cont.)Attachment A-4

")187

235th St

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Shoreland Overlay MapAttachment A-5

Shoreland Overlay District

Minnesota Department of Natural Resources • EWR 21371 State Hwy 15, New Ulm, MN 56073

Minnesota Department of Natural Resources

Southern Region

21371 State Hwy 15

New Ulm, MN 56073

August 20, 2018

Aaron Stubbs

Blue Earth County

410 S. 5th Street, P. O. Box 3566

Mankato, MN 56002-3566

Re: Comments for Lyons Proposed Preliminary Plat in Farrell Subdivision– PID R37.05.28.200.010, Section 28,

T109N, R25W, Blue Earth County (Lake Ballantyne).

Dear Mr. Stubbs:

I reviewed the Thomas Lyons Proposed Preliminary Plat and offer the following comments for your consideration:

During our site visit for the Wetland Conservation Act I noted this preliminary plat abuts a protected wetland

located east of the buildings. Subdividing this parcel will create a denser development and will increase

stormwater runoff into the adjacent wetland which drains to Lake Ballantyne.

The parcel is large enough to develop a plat that will not require a variance. Lack of access to other upland

areas within the parcel was provided as a reason for the variance but I know long driveways are not

uncommon.

Because this re-plat could be done without a variance the department does not support the proposed preliminary

plat. If you have questions please call me at 507-362-8778.

Sincerely,

Daniel Girolamo

Area Hydrologist

CC: Todd Kolander, EWR DNR

DNR Review LetterAttachment A-6

Environmental Health ReviewAttachment A-7

PC 22-18

SN Mankato LLC and W W Land Company LLC

Bluff Impact Zone Cutting & Filling Backslope Project

10/03/2018

1

Property Owners and Applicants

SN Mankato LLC W W Land Company LLC

PO Box 6699 53936 208th Lane

Rochester, MN 55903 Mankato, MN 56001

Request and Location

Request for review and approval of a conditional use permit to cut and fill in a Bluff Impact Zone

as part of a ravine stabilization project. The property is zoned Highway Business and is within the

Urban Fringe Overlay District of the City of Mankato. The site is located in the southeast corner

of the southwest quarter of the northeast quarter of Section 19, South Bend Township.

General Site Description and Project Proposal

The site involves three properties and includes a ravine system needing repair. Two of the

properties are owned by SN Mankato and one by W W Land Company. The stabilization project

will include cutting and/or filling in a bluff impact zone, which requires approval of a conditional

use permit. The project has been designed by an engineer. A variance request was scheduled to

be reviewed by the Board of Adjustment on October 3rd. The variance request was to increase the

allowed three-feet horizontal to one-foot vertical backslope to two-feet horizontal to one-foot

vertical. The outcome of the variance request was unknown at the time this report was written.

Project Outcome

If approved, the applicants will move forward with the ravine stabilization. See Attachment A-2

Land Use Plan

The current Land Use Plan adopted in 1998 lists the following item as Goals or Policies in Blue

Earth County:

• Natural Environment Protection Goal – It is the County’s best interest to adopt performance

standards to protect natural resources such as bluff areas, rivers, wetlands, and wooded

areas from development pressures.

Access

No change in access is being proposed. The existing access is to and from 208th Lane which serves

as a frontage road to US Hwy 169.

PC 22-18



10/03/2018

2

Existing Land Use within ¼ mile of the Project Area

North: The continuation of the wooded ravine system which leads to Minneopa Creek, one

feedlot, one residence, the Chicago and Northwestern Railroad, and Minneopa Creek

Northwest: A business owned by one of the applicants and cropland

South: US Hwy 169 and cropland

Southeast: US Hwy 169, cropland and three businesses

East: One business owned by one of the applicants, three single family dwellings and

CSAH 69

West: Three businesses and cropland

Southwest: Junction of US Hwy 169 and State Hwy 60 and cropland

NATURAL RESOURCES INFORMATION

Topography

The topography of the surrounding area leading to the ravine system has a gentle slope. The ravine

system has topography features that meet the County’s definition of a bluff. See Attachment A-2

Floodplain

Although Minneopa Creek likely includes areas prone to flooding, it has not been mapped by

FEMA. The nearest area of mapped FEMA floodplain is over one mile away. Therefore, no

attachment has been included.

Shoreland

The nearest area of shoreland is approximately 1,000 feet away.

See Attachment A-3

Township Review

The applicants were scheduled to meet with the Township at their October 2nd meeting. At the

time this report was written, no comments had been received from the township.

City of Mankato Review

At the time this report was written, no comments had been received from the city.

Environmental Health Review

See Attachment A-5

PC 22-18



10/03/2018

3

APPLICABLE SECTIONS OF THE CODE OF ORDINANCES

Sec. 24-3 Definitions and word usage

Filling means any soil, earth, sand, gravel, rock or any similar material deposited, placed, pushed,

pulled or transported and shall include the conditions resulting there from.

Grading means changing the natural or existing topography of the land.

Sec. 24-304 Erosion Control

(c) Development of bluff zones and steep slopes.

(3) Filling or cutting activity in any bluff zone shall be considered a conditional use. In no case

shall cutting or filling be allowed for the purpose of establishing a site for the erection of a

structure.

(d) Erosion and sediment control.

(1) Erosion and siltation control measures shall be coordinated with the different stages of

development. Appropriate control measures shall be installed prior to development when

necessary to control erosion…

(4) Whenever possible, natural vegetation shall be retained and protected.

(6) When soil is exposed, the exposure shall be for the shortest feasible period of time. No

exposure shall be planned to exceed 60 days. Such time period may be extended only if the

Planning Commission is satisfied that adequate protective measures have been established

and will remain in place.

(e) Exposed slopes.

(1) No exposed slope should be steeper in grade than three (3) feet horizontal to one (1) foot

vertical.

(4) Exposed slopes shall be protected by whatever means will effectively prevent erosion

considering the degree of slope, soils material and expected length of exposure. Slope

protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blanket,

erosion mat, fast growing grasses or temporary seeding of annual grasses. Mulch consists

of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch should be

anchored to slopes with liquid asphalt, stakes and netting, or worked into the soil to provide

additional slope stability.

(5) Control measures, other than those specifically stated in this subsection, may be used in

place of such measures if they will as effectively protect exposed slopes.

PC 22-18



10/03/2018

4

STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT

Sec. 24-47 Planning Commission

(f) Findings required.

1) Enumeration. The Planning Commission shall not forward a recommendation of approval for

a conditional use permit unless they find the following facts at the hearing where the applicant

shall present a statement and evidence in such form as the Planning Agency may require:

a. That the proposed use conforms with the county land use plan.

b. The demonstrated need for the proposed use.

c. That the proposed use will not degrade the water quality of the county.

d. That the proposed use will not adversely increase the quantity of water runoff.

e. That soil conditions are adequate to accommodate the proposed use.

f. That the proposed use does not create a potential pollution hazard.

g. That adequate utilities, access roads, drainage and other necessary facilities have been or

are being provided.

h. That adequate measures have been or will be taken to provide sufficient off-street parking

and loading space to serve the proposed use.

i. That facilities are provided to eliminate any traffic congestion or traffic hazard which may

result from the proposed use.

j. That the conditional use will not be injurious to the use and enjoyment of other property in

the immediate vicinity for the purposes already permitted.

k. That the establishment of the conditional use will not impede the normal and orderly


area.

l. That adequate measures have been or will be taken to prevent or control offensive odor,

fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to

control lighted signs and other lights in such a manner that no disturbance to neighboring

properties will result.

m. That the density of proposed residential development is not greater than the density of the

surrounding neighborhood or not greater than the density indicated by the applicable

zoning district.

PC 22-18



10/03/2018

5

n. That the intensity of proposed commercial or industrial development is not greater than the

intensity of the surrounding uses or not greater than the intensity characteristic of the

applicable zoning district.

o. That site-specific conditions and such other conditions are established as required for the

protection of the public's health, safety, morals and general welfare.

Proposed Findings of Facts

(The proposed findings below are directly related to the above standards, labeled, items a-o)

After careful review of the project and all associated documents, staff has developed the following

suggested findings for this project:

a. That the proposed use conforms with the county land use plan.

The Natural Environment Goal of the current Land Use Plan states: Blue Earth County

contains large areas of sensitive land. It is in the County’s best interest to adopt performance

standards to protect natural resources such as bluff areas… from development pressures. The

ravine system has been in place for many years. It is certainly possible, if not likely, that

development of the highway system and the addition of impervious surface area on neighboring

properties is contributing to the problem. By addressing the problem with an engineered plan,

the ravine system will be stabilized. With continued monitoring and maintenance, the sediment

leaving the area leading to Minneopa Creek will be reduced. Therefore, it appears the request

is consistent with the intent of the comprehensive plan.

b. The demonstrated need for the proposed use.

The head of the ravine system is actively eroding and will likely continue to expand if not

corrected. The expansion of the ravine head will cause further sediment to leave the area.

Therefore, it appears that a need for the proposed use has been established.

c. That the proposed use will not degrade the water quality of the county.

In addition to preventing the continued expansion of the ravine head, the project will also

reduce sediment from leaving the site and moving toward Minneopa Creek. Therefore, the

project will not likely degrade the water quality of the county.

d. That the proposed use will not adversely increase the quantity of water runoff.

The ravine stabilization project itself should not increase the quantity of water runoff.

Additional parking space is proposed in the area, but that expansion is not specifically part of

the ravine stabilization project. Therefore, it seems unlikely that the project would adversely

increase the quantity of water runoff.

e. That soil conditions are adequate to accommodate the proposed use.

The engineered plans are required to ensure as much as possible, the project area will be

stabilized.

PC 22-18



10/03/2018

6

f. That the proposed use does not create a potential pollution hazard.

At no point should the proposed project generate any pollutants, and therefore would not likely

pose a pollution risk to the county.

g. That adequate utility, access roads, drainage and other necessary facilities have been or are

being provided.

The proposal has been reviewed by the County’s Wetland Specialist as well as Planning and

Zoning staff. They expressed no concerns with the proposed project area provided the

engineering specifications are followed. If all erosion control measures are properly installed

and maintained, it appears likely that the necessary drainage is being provided.

h. That adequate measures have been or will be taken to provide sufficient off-street parking and

loading space to serve the proposed use.

This standard does not apply to this request.

i. That facilities are provided to eliminate any traffic congestion or traffic hazard which may

result from the proposed use.


j. That the conditional use will not be injurious to the use and enjoyment of other property in the

immediate vicinity for the purposes already permitted.

This request is for a ravine/bluff stabilization project on a parcel in the Highway Business

zoned area. The stabilization of this ravine and bluff seems unlikely to be injurious to the use

and enjoyment of the properties in the immediate vicinity.

k. That the establishment of the conditional use will not impede the normal and orderly


area.

The proposed use does not create any additional setback requirements for a residential or

industrial structure. Therefore, it seems unlikely that this project would impede the

development of surrounding vacant property in the area.

l. That adequate measures have been or will be taken to prevent or control offensive odor, fumes,

dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted

signs and other lights in such a manner that no disturbance to neighboring properties will result.

This project will occur in an area that is zoned Highway Business. None of the activities

related to this project should be greater in intensity than the surrounding uses, and therefore

should not generate any of the above listed items to the point where they become a nuisance.

m. That the density of proposed residential development is not greater than the density of the

surrounding neighborhood or not greater than the density indicated by the applicable zoning

district.


PC 22-18



10/03/2018

7

n. That the intensity of proposed commercial or industrial development is not greater than the

intensity of the surrounding uses or not greater than the intensity characteristic of the applicable

zoning district.


o. That site-specific conditions and such other conditions are established as required for the

protection of the public's health, safety, morals and general welfare.

The protection of the public's health, safety, morals and general welfare are addressed in the

conditions recommended below.

Recommendations

Staff recommends APPROVAL of the permit to cut and fill in a Bluff Impact Zone as part of a

ravine stabilization project. with the following conditions:

1. Prior to the commencement of the stabilization project, the applicant shall apply for, and

obtain a County Land Disturbance Permit.

2. All necessary erosion control measures shall be installed prior to the commencement of

this proposed project and properly maintained.

3. Any changes to the approved stabilization plan shall be reviewed and approved by the

Planning Agency prior to the commencement of the proposed changes.

4. If approved, the stabilization project shall commence within one year of the date of final

approval. Any proposed time extensions shall first be reviewed by the Planning Agency.

5. Within 30 days of completion of the project, an as-built report from the consulting engineer

shall be provided to the Planning Agency. Said report shall also verify the elevation of the

stormwater intakes and the wetland boundary.

6. No fill may be placed within the wetland boundary, including snow from snow removal.

Attachments

A-1 General Location Map

A-2 Current Site Map


A-4 Project Design Plans

A-5 Environmental Health Review

Attachment A-1

General Location Map

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A-2 Current Site Map

Project Area

+,169

EF69

?A@60?A@60

208th Ln

US Hwy 169

Gad

wal

l Rd

Loren Dr

State Hwy 60

State Hwy 60

M inn e opa Cre

ek


Project Area

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Horizontal Datum: HARN 1996Blue Earth County Coordinate System

1EXISTING CONDITIONS

DATELIC. NO.

I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.

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DESIGNED

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CLIENT PROJ. NO.

ISSUED FOR DATENO.

R

1960 PREMIER DRIVEMANKATO, MINNESOTA 56001

Phone: (507) 625-4171Email: [email protected]

www.bolton-menk.comWILLIAM DOUGLASS18240 08/16/2018

NUSS TRUCK & EQUIPMENT CO.2018 - STORMWATER IMPROVEMENTS

WRD

MDS

JCH

M13.116936

DELINEATED WETLAND

TH 60

>> EXISTING STORM SEWER

LEGEND

REV 1 8-17-18REV 2 8-30-18

3/4" IRON PIPE MONUMENT SETMARKED BY REG. NO. 19789MONUMENT FOUND

HAND HOLE

LIGHT POLE

SANITARY COVER

TRAFFIC SIGN

UTILITY MANHOLE

FENCE LINE

WELL

PROPERTY / LOT LINE

SEX

ISTIN

G 60

" CM

P ST

ORM

SEW

ER O

UTFA

LL

REV 3 9-10-18

EXISTING FLARED END SECTION

EXISTING CATCH BASIN

EXISTING CULVERT

REV 4 9-19-18

A-4 Project Design Plans (4 pages)

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2STORM SEWER AND EROSION CONTROL

DATELIC. NO.


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DESIGNED

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CLIENT PROJ. NO.

ISSUED FOR DATENO.

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WRD

MDS

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M13.116936

DELINEATED WETLAND

15" HDPE - 97 LIN FT

15" HDPE - 1

33 LIN FT

SILT FENCEMS TH 60

PLAN VIEW

1'-0

"

1'-0" UNLESS ADJUSTMENT ISREQUIRED BECAUSE OFPOTENTIAL FOR FLOODING

NOT TO SCALE

NOTE:ALL GEOTEXTILE USED FOR INLETPROTECTION SHALL BE MONOFILAMENTIN BOTH DIRECTIONS

INLET PROTECTIONRISER STANDPIPE

PERFORATED METALSTANDPIPE WRAPPEDGEOTEXTILE (SEE NOTE)

GEOTEXTILE(SEE NOTE)

1" HOLES SPACED8"-10" ON CENTER

ANTIVORTEX ROD, 5/8"Ø MINIMUM,TACK WELD TO STANDPIPE ANDSET PARALLEL TO FLOW

>> STORM SEWER

LEGEND

15" HDPEINVERT=938.00RANDOM RIPRAP, CL IV

BURY 15" HDPE ONVARIABLE GRADE

2' MINIMUM COVER

DELINEATED WETLAND

DESIGN - HCATCH BASINNEENAH R-1733, TYPE C GRATERIM = 964.99INVERT NE = 961.50

DESIGN - HCATCH BASINNEENAH R-1733, TYPE C GRATERIM = 968.50INVERT NE = 965.00

PROVIDE FUTURE 4"PE UNDERDRAIN ACCESSINVERT E = 965.10INVERT S = 965.10

REMOVE EXISTING CULVERT

SILT FENCE

NON-RIGID STORM SEWER TRENCHNOT TO SCALE

OD + 24" MAX

12" MIN

6"

OD

COMPACTED BACKFILLAS SPECIFIED

GRANULAR FOUNDATION,BEDDING & ENCASEMENTMATERIAL AS SPECIFIED

HDPE PIPE

2' M

INCO

VER

GROUND SURFACE

NOTE15" HDPE PIPE IS SMOOTH INTERIOR, DUAL-WALL, ADS, N-12 PIPE OR EQUAL, WHICH WILLNEED TO BE BURIED WITH 24" MINIMUM COVER. THE CONTRACTOR MAY CHOOSE TOANCHOR AND DAYLIGHT A BUTT-FUSED SOLID WALL 16" DR 21 HDPE PIPE PROVIDED THATTHE ANCHORING IS APPROVED BY THE ENGINEER.

REV 1 8-17-18REV 2 8-30-18


HAND HOLE

LIGHT POLE

SANITARY COVER

TRAFFIC SIGN

UTILITY MANHOLE

FENCE LINE

WELL

PROPERTY / LOT LINE

EXIST

ING

60" C

MP

STOR

M SE

WER

OUT

FALL

REV 3 9-10-18

FLARED END SECTION

STORM SEWER INLET

RANDOM RIPRAP, CL IV

INLET PROTECTION




EXISTING CULVERT

REV 4 9-19-18

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3SLOPE REPAIR

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DESIGNED

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CLIENT PROJ. NO.

ISSUED FOR DATENO.

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M13.116936

DELINEATED WETLANDSILT FENCEMS TH 60

>> PROPOSED STORM SEWER

LEGEND

DELINEATED WETLAND

BACKFILL, GRADE, AND RESEEDBANK WITH SELECT BORROW TOMATCH THE EXISTING UNERODEDSLOPE (2:1 MAXIMUM SLOPE).6" (MIN) TOPSOIL, EROSIONCONTROL BLANKET AND MNDOT36-211 SEED MIXTURE

SILT FENCE

REV 1 8-17-18REV 2 8-30-18


HAND HOLE

LIGHT POLE

SANITARY COVER

TRAFFIC SIGN

UTILITY MANHOLE

FENCE LINE

WELL

PROPERTY / LOT LINE

REV 3 9-10-18

PROPOSED FLARED END SECTION

PROPOSED STORM SEWER INLET

BACKFILL AREA AND EROSION CONTROL BLANKET

INLET PROTECTION





EXISTING CULVERT

REV 4 9-19-18

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4BERM, PARKING LOT AND GRAVEL PATH REESTABLISHMENT

DATELIC. NO.


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DESIGNED

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CLIENT PROJ. NO.

ISSUED FOR DATENO.

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M13.116936

DELINEATED WETLANDSILT FENCEMS

TH 60

>> PROPOSED STORM SEWER

GRADE RAISE AREA

LEGENDTAPER ELEVATION TOMATCH EXISTING GRADEOVER 75" OF DRIVEWAY

DELINEATED WETLAND

INCREASE BERM/DRIVEWAY ELEVATIONTO 970.00 WITH CLASS II AGGREGATESURFACING, 12' WIDTH AT TOP

REESTABLISH DRIVEWAY AND CAPWITH 8" (MIN) CLASS II AGGREGATE

SURFACING, 12' WIDTH AT TOP

SILT FENCE

REV 1 8-17-18REV 2 8-30-18


HAND HOLE

LIGHT POLE

SANITARY COVER

TRAFFIC SIGN

UTILITY MANHOLE

FENCE LINE

WELL

PROPERTY / LOT LINE

REV 3 9-10-18




EXISTING CULVERT

PROPOSED FLARED END SECTION

PROPOSED STORM SEWER INLET

PROPOSED PARKING LOT EXPANSION

INLET PROTECTION


BACKFILL AREA AND EROSION CONTROL BLANKET

REV 4 9-19-18

BLUE EARTH COUNTYENVIRONMENTAL SERVICES

Government Center, 410 South Fifth StreetP.O. Box 3566, Mankato, Minnesota 56002-3566

Phone: (507) 304-4381 Fax: (507) 304-4431

Environmental Health Section - Planning Application ReviewsDate Printed: September 26, 2018 Permit Number: PL2018093

Property Owner: SN MANKATO LLCW W LANDCOMPANY LLC

Applicant: SN MANKATO LLC

Parcel Number: R50.08.19.200.010R50.08.19.200.017R50.08.19.200.021

File ID: PC 22-18

Application Description: Request for review and approval of a conditional use permit to cut and fill in a Bluff ImpactZone as part of a ravine stabilization project. The property is zoned Highway Business and islocated in the southeast corner of the southwest quarter of the northeast quarter of Section 19,South Bend Township. Nuss Trucking

Septic ReviewStatus: Complete - Comments Received Pending

Comments: The septic system serving the existing business is compliant and a secondary drainfield locationhas been identified on the parcel to the west. Parcel R50.08.19.200.010 should remain with thebusiness and be preserved for future septic drainfield needs if more expansion occurs. It has beenindicated that 30 employees work at this business which seems suitable for the existing septicsystem at this time. A Class V 2000 Gallon Holding Tank is located on the north side of thebusiness for floor drains. No additional requirements at this time. Anderson Jesse 09/17/201810:49 AM

Well ReviewStatus: Complete - Comments Received Pending

Comments: The enclosed site plan does not indicate the location of the existing in-use well for this business /property. A review of the County well records indicates that a properly sealed well is located onParcel # R50.08.19.200.021. The proposed construction does not appear to negatively impactthe known well situation on this property. grant 09/25/2018 10:23 AM

Wetland ReviewStatus: Complete-Condition Required Pending

Comments: The proposed ravine stabilization project entails placing an inlet structure on each side of anapproved delineated wetland (PL2018071). The delineated wetland cannot be impacted withoutan approved replacement plan. The current plan will not impact wetlands if both inlet structuresare placed at elevations higher than the delineated wetland. The required as-built report mustcontain the as-built elevations of both inlet structures and the wetland boundary. Proper erosioncontrol must be used and maintained to prevent sediment from during and after constructionfrom filling the wetland. Following construction no fill can be placed within the wetland,including snow from snow removal. Altrichter Kristine 09/25/2018 11:44 AM

A-5

Documents

Anyone speaking to the Planning Commission shall state