HomeMy WebLinkAbout4B Stormwater PondSA Prior Lake. MN 55372
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PLANNING COMMISSION AGENDA REPORT
MEETING DATE: APRIL 1, 2013
AGENDA #: 4B
PREPARED BY: PETE YOUNG, WATER RESOURCES ENGINEER
PRESENTED BY: PETE YOUNG
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE
VEGETATION ALTERATIONS REQUIREMENTS OF A RECREATIONAL EN-
VIRONMENT LAKE IN THE 1-1 (GENERAL INDUSTRIAL) ZONING DISTRICT
DISCUSSION: Introduction
The City of Prior Lake, as owner of a parcel adjacent to Markley Lake and the
planned Welcome Avenue Industrial Development Project, is requesting a va-
riance from the City's vegetation alterations requirements on a property located
at the north end of Welcome Avenue, north of County State Aid Highway 21.
The parcel (PID #259010084) currently has no permanent structures. The fol-
lowing variance is requested:
A variance from the prohibition of intensive vegetation clearing within
the shore and bluff impact zones and on steep slopes adjacent to
Markley Lake (Section 1104.401).
Current Circumstances
The property is zoned 1-1 (General Industrial), and is guided I -PI (Planned In-
dustrial) on the 2030 Comprehensive Plan Land Use Map.
The applicant proposes to construct a stormwater pond to manage stormwater
runoff from the planned Welcome Avenue Industrial Development. The storm -
water pond serves to protect Markley Lake from direct stormwater runoff and
associated water pollution risks; it is designed to meet current City design stan-
dards that are protective of surface waters. The stormwater pond also incorpo-
rates approximately 41% of the compensatory flood storage volume (8.1 acre-
feet) that the City will create as a result of the Markley Lake Study. The current
City Ordinance prohibits intensive vegetation clearing within the shore and bluff
impact zones and on steep slopes; the proposed stormwater pond would result
in intensive vegetation clearing within these regulated areas.
The proposed topographic alterations (movement and grading of existing mate-
rials) within the bluff impact zone are not permitted under Section 1104.402 un-
less a City grading permit is approved. Because the plan set for the project is
being specifically developed to meet all City grading permit requirements and to
protect Markley Lake from adverse impacts during construction, grading permit
approval is assumed for this project and a variance is not required for Section
1104.402.
Nearly 100% of the parcel is within the bluff impact zone. Vegetation on the
parcel has been modified significantly in the past due to gravel mining and oth-
er disturbances. A review of historic air photos shows that the site was sparsely
vegetated as far back as 1937. The historic air photos show that the bluff was
characterized by grasses and some treeslshrubs between 9937 and 1970. Be-
tween 1970 and 1980, the property became an active gravel mining site, with
disturbance on approximately 50% of the surface area (haul roads, stockpiles,
and active mining areas). It appears that the site could have been used for
some gravel mining as late as 1990 (there is evidence of some disturbed land
area). By 2000, the site was no longer being actively used and vegetation was
starting to become reestablished on much of the bluff. The most current air
photo (2011) shows that the area is characterized by trees/shrubs and open
areas (likely grass and/or weeds).
Construction of the proposed stormwater pond will include removal of all exist-
ing vegetation within the construction limits, grading, excavation and removal of
material, creation of the stormwater pond, and establishment of permanent ve-
getation on all disturbed areas. The newly established vegetation will mimic
original (1937) conditions at the site and will incorporate native prairie grasses,
wildflowers, trees, and shrubs. Once established, the plant community will sta-
bilize the steep slopes, create a buffer to the lake that will filter stormwater ru-
noff, provide habitat for wildlife, and create aesthetically pleasing public open
space. A trail will eventually be connected along the north end of the parcel,
adjacent to Markley Lake to provide public access.
The Planning Commission should evaluate this proposed project's adherence
to the 2030 Comprehensive Plan. City staff believes this project adheres to,
and furthers, a variety of goals to the 2030 Comprehensive Plan, summarized
below:
• Goal: Housing Quality and Diversity, Objective 2, Policies f, g, k, I, r, u.
• Goal: Environment and Natural Resource Protection, Objective 1, Policy
a; Objective 2, Policies a, g; Objective 3, Policy a.
• Goal: Economic Vitality, Objective 3, Policy e; Objective 4, Policy a.
• Goal: Access, Objective 1, Policy j(1); Objective 2, Policy e.
ISSUES: This project includes a request for one variance. Section 1108.400 states that
the Board of Adjustment may grant a variance from the strict application of the
provisions of the Zoning Ordinance, provided that:
(1) There are practical difficulties in complying with the strict terms of
the Ordinance. "Practical difficulties," as used in connection with
the granting of a Variance, means the property owner proposes to
use the property in a reasonable manner not permitted by the
Zoning Ordinance. Economic considerations alone do not constitute
practical difficulties.
It appears practical difficulties exist for the applicant in this case. This in-
dustrial property has some unique characteristics including a history of
bluff disturbance due to gravel mining, a modified existing plant commu-
nity, and potential for use as a City park and trail corridor. These charac-
teristics leave the property with few allowable uses by Ordinance. The
applicant proposes a stormwater pond that will remove existing vegeta-
tion but result in a needed stormwater management feature and a high-
er-quality permanent plant community.
(2) The granting of the Variance is in harmony with the general
purposes and intent of the City Subdivision and Zoning Ordinances
and the Comprehensive Plan.
Two purposes of the Zoning Ordinance are to "promote the most appro-
priate and orderly development of the residential, business, industrial, pub-
lic land and public areas" and "enhance the aesthetic character and ap-
pearance of the City." The approval of the variances as requested would
allow the applicant to construct a reasonable project on the site that both
promotes the orderly development of an industrial parcel and enhances
the aesthetic character and appearance of the City.
(3) The granting of the Variance is necessary to permit the reasonable
use of the property involved.
The variance is necessary to use the property in a reasonable manner.
The proposed footprint for the stormwater pond is reasonable and was
sized based on the contributing drainage area at full development (75%
impervious cover). The stormwater pond is protective of Markley Lake's
water quality.
(4) The practical difficulty is due to circumstances unique to the
property not resulting from actions of the owners of the property
and is not a mere convenience to the property owner and applicant.
The practical difficulty does exist due to circumstances unique to the
property. The property has few other allowable uses and represents the
only practical centralized location that could be used to meet the City's
stormwater requirements for the Welcome Avenue Industrial Develop-
ment. The property also represents an opportunity to create approx-
imately 41 % of the compensatory flood storage that the City needs to
provide in this drainage area according to the Markley Lake Study.
(5) The granting of the variance will not alter the essential character of
the neighborhood or be detrimental to the health and safety of the
public welfare.
The granting of the variance will not alter the existing character of the
neighborhood; the resulting improvements will be a benefit to the
neighborhood and will potentially improve both public health and safety.
(6) The granting of the Variance will not result in allowing any use of
the property that is not permitted in the zoning district where the
subject property is located.
A stormwater pond is an allowed use within the 1-1 (General Industrial)
Zoning District.
(7) The granting of the Variance is necessary to alleviate an inadequate
access to direct sunlight for solar energy systems.
The granting of the variances will not be necessary to alleviate any hard-
ships of the inability to use solar energy systems.
Conclusion
City Staff believes the variances requested are warranted due to the lot con-
straints unique to the property and practical difficulties as stated above in the
findings. Therefore, City Staff recommends approval of the variances subject to
the following conditions of approval:
1. The variance resolution must be recorded at Scott County within 60 days of
adoption. Proof of recording shall be submitted to the Community & Eco-
nomic Development Department prior to the issuance of a grading permit.
ALTERNATIVES: 1. Approve the requested variance or any variance the Planning Commission
deems appropriate in these circumstances.
2. Table or continue discussion of the item for specific purpose and provide
City staff with direction.
3. Deny the variance because the Planning Commission finds a lack of dem-
onstrated practical difficulties under the zoning code criteria.
RECOMMENDED. City Staff recommends Alternative #1.
MOTIONS:
EXHIBITS: 1. Resolution 13-XXPC
2. Project Location Map
3. Stormwater Pond Plans (5 sheets)
4. Aerial Photos (1937, 1957, 9964, 1970, 1980, 1990, 2000, 2011)
RESOLUTION 13-XXPC
A RESOLUTION APPROVING A VARIANCE FROM THE VEGETATION ALTERATIONS
REQUIREMENTS OF A RECREATIONAL ENVIRONMENT LAKE IN THE 1-1 (GENERAL
INDUSTRIAL) ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. The City of Prior Lake is requesting a variance from the City's vegetation alterations requirements
on a property at the following location, to wit:
That part of the West 112 of the Southwest 114 of Section 6, Township 114, Range 21, Scott
County, Minnesota and that part of the East 314 of the Southeast 114 of Section 1, Township 114,
Range 22, Scott County, Minnesota described as follows: Beginning at the Southwest corner of
Block 1, of the plat of Whitewood First Addition, Scott County, Minnesota; thence South 00 degrees
54 minutes 59 seconds East along the Southerly extension of the West line of said Block 1, a
distance of 200.00 feet; thence South 88 degrees 59 minutes 50 seconds West parallel with the
Westerly extension of the Southerly line of said Block 1, a distance of 800.00 feet; thence North 00
degrees 54 minutes 59 seconds West parallel with the West line of said Block 1, a distance of
799.46 feet to the North line of said East 314 of the Southeast 114 of said Section 1; thence Easterly
along said North line to the Northeast corner of said Southeast 1f4; thence Easterly along the North
line of the Southwest 114 of said Section 6, to its intersection with the Northerly extension of the
West line of said Block 1; thence Southerly along said West line to the point of beginning.
(Abstract Property)
(PID 25-901-008-4)
2. The Board of Adjustment has reviewed the application for variances as contained in Case #DEV -
2013 -1010 and held a hearing thereon on April 1, 2013.
3. The Board of Adjustment has considered the effect of the proposed variance upon the health,
safety, and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area and the
effect of the proposed variance on the Comprehensive Plan.
4. It appears practical difficulties exist for the applicant in this case. This industrial property has some
unique characteristics including a history of bluff disturbance due to gravel mining, a modified
existing plant community, and potential for use as a City park and trail corridor. These
characteristics leave the property with few allowable uses by Ordinance. The applicant proposes a
storm water pond that will remove existing vegetation but result in a needed storm water
management feature and a higher -quality permanent plant community.
5. Two purposes of the Zoning Ordinance are to "promote the most appropriate and orderly
development of the residential, business, industrial, public land and public areas" and "enhance the
aesthetic character and appearance of the City." The approval of the variances as requested would
Phone 952.4479800 I Fax 952.447.42451 %v%v%vxityoipdorlake.com
allow the applicant to construct a reasonable project on the site that both promotes the orderly
development of an industrial parcel and enhances the aesthetic character and appearance of the
City.
6. The variance is necessary to use the property in a reasonable manner. The proposed footprint for
the storm water pond is reasonable and was sized based on the contributing drainage area at full
development (75% impervious cover). The storm water pond is protective of Markley Lake's water
quality.
7. The practical difficulty does exist due to circumstances unique to the property. The property has few
other allowable uses and represents the only practical centralized location that could be used to
meet the City's storm water requirements for the Welcome Avenue Industrial Development. The
property also represents an opportunity to create approximately 41% of the compensatory flood
storage that the City needs to provide in this drainage area according to the Markley Lake Study.
8. The granting of the variance will not alter the existing character of the neighborhood; the resulting
improvements will be a benefit to the neighborhood and will potentially improve both public health
and safety.
9. A storm water pond is an allowed use within the 1-1 (General Industrial) Zoning District.
10. The granting of the variances will not be necessary to alleviate any hardships of the inability to use
solar energy systems.
11. The contents of Planning Case #DEV2013-1010 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the following
variance:
• A variance from the prohibition of intensive vegetation clearing within the shore and bluff
impact zones and on steep slopes adjacent to Markley Lake (Section 1104.409).
The variance is subject to the following conditions:
1. This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording
shall be submitted to the Community & Economic Development Department prior to the
issuance of a grading permit.
Adopted by the Board of Adjustment on April 1, 2013.
Jeff Phelan, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
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