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HomeMy WebLinkAbout4A SMSC 2303 140th St NW CUP Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MARCH 7, 2016 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO AL- LOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS ON A SITE SOUTHWEST OF THE INTERSECTION OF CSAH 42 AND CSAH 83 DISCUSSION: Introduction The Shakopee Mdewakanton Sioux Community has applied for a conditional use permit to allow grading and land reclamation of a property located at the south- west corner of the intersection of County Highway 42 and County Highway 83. The project calls for the importing of up to 100,000 cubic yards of clay material and grading on the site. Current Circumstances PHYSICAL SITE CHARACTERISTICS: Total Site Area: The vacant site is approximately 36 acres. Access: Access to the site will be from the intersection of Hwy 83 and Wilds Path NW. 2030 Comprehensive Plan Designation: This property is designated P-US for Planned Use on the 2030 Comprehensive Plan Land Use Map. Zoning: The site area is zoned A (Agricultural). Under Section 1101.509 (2) of the Zoning Ordinance, land reclamation involv- ing the placement of over 400 cubic yards of fill shall be permitted by CUP. Details regarding the excavation project may include, but is not limited to, site plans which show the finished grade of the land after the excavation has been completed, the type of material to be extracted from the land, general mainte- nance of the site and adjacent area, and controls to be employed to limit the ef- fect of wind or other elements on the site and the material extracted from the site. The Conditional Use Permit shall impose conditions upon the owner of the land to be reclaimed, the developer and the person doing the land reclamation work which will ensure that the type of fill used is appropriate for the proposed land use, and prevent damage to the community and adjacent land owners during the course of reclamation. Those conditions may impose restrictions in all areas affecting the reclamation and the City may require a Letter of Credit to insure the performance of the conditions imposed and the completion of the work in the manner described 2 in the plan and Conditional Use Permit. No permit shall be granted for a period longer than 12 months. One of the main purposes of a public hearing for a project such as this is to inform the neighboring properties about the project and allowing the public to comment and ask questions in relation to the project. Projects which generally involve this amount of grading usually have public hearings through a platting or development process. The applicant proposes to utilize a construction access from the intersection of Wilds Path and Hwy 83 at the southeast corner of the site. Conclusion The attached memorandum from City Staff details specific comments related to their review and analysis of the site. These comments (including wetland site review) must be addressed prior to the issuance of a grading permit for the pro- ject. City Staff recommends approval of the Conditional Use Permit with the listed conditions of approval. ISSUES: CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective 4 under the goal of Security within the 2030 Comprehensive Plan is to enact and maintain policies and ordinances to ensure the safety and preservation of property. The purpose of review of this Conditional Use Permit is to ensure that erosion control and adequate storm water analysis is completed to ensure no negative impacts to the overall area. It also provides for the notification of the project to the surrounding properties regarding the activity which is proposed. b) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. Based upon review of the application, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the surrounding community. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. 3 d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. No government services exist within the project land reclamation area. e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity as long as all conditions of approval are adhered to including but not limited to erosion control requirements and cleanup of any streets in the project area. f) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. A professional engineer has prepared the various plans submitted for the conditional use permit application. g) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the Planning Commission. The applicant has submitted engineering plans identifying locations of utilities. h) The use is subject to such other additional conditions which the Planning Commission may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the Planning Commission. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions include approval of permits from other governmental 4 agencies, approval of a City grading permit, and a submittal of a secu- rity to cover the costs of any restoration. Conclusion Staff recommends approval of the conditional use permit request, subject to the following conditions: 1. The filling and land reclamation must be done according to plans stamped approved by the City Engineering Department. 2. The cleanup of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. 3. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. 4. Prior to any grading on the site, the applicant shall revise the plans in ac- cordance with the requirements contained in the memorandum from the City Public Works Staff dated February 24, 2016. 5. The CUP is valid for one year for land reclamation, but is revocable at any time for noncompliance with any condition contained herein. At the expira- tion of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. The City received the complete application for this request on January 27, 2016. Pursuant to Minnesota State Statute, the City must act on this request by March 27, 2016 (60 days) unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. ALTERNATIVES: 1. Approve the conditional use permit subject to the above conditions. 2. Table this item to a date specific, and provide the applicant with direction on the issues that have been discussed. 3. Deny the request based on specific findings of fact. RECOMMENDED MOTIONS: City Staff recommends Alternative #1. ATTACHMENTS: 1. Resolution 16-03PC 2. Location Map 3. City Public Works Staff Memorandum dated February 24, 2016 4. Project Plans stamp dated January 21, 2016 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-03PC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND PLACEMENT OF CLAY EMBANKMENT MATERIALS FOR A PROPERTY IN THE AGRICULTURE (A) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on March 7, 2016, to consider a request from Shakopee Mdewakanton Sioux Community (SMSC) and Bolton Menk, Inc. to approve a Conditional Use Permit (CUP) to allow placement of excess clay material from other SMSC projects and grading to blend the fill into the existing landscape on a property in the Agriculture (A) Zoning District at the following property: 2303 140th Street NW The Northeast Quarter of the Northwest Quarter (NE ¼ of NW 1/4) of Section 28, Township 115, Range 22, Scott County, Minnesota. (PID 25-928-011-0) WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this CUP, and persons interested were afforded the opportunity to present their views and objections related to the CUP request; and WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case #DEV16- 001003 and held a hearing thereon on March 7, 2016; and WHEREAS, The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Subsection 1108.202 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: 3. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. a) Objective 4 under the goal of Security within the 2030 Comprehensive Plan is to enact and maintain policies and ordinances to ensure the safety and preservation of property. The purpose of review of this Conditional Use Permit is to ensure that erosion control and adequate storm water analysis is completed to ensure no negative impacts to the overall area. It also provides for the notification of the project to the surrounding properties regarding the activity which is proposed. 2 b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. a) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. b) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. No government services exist within the project land reclamation area. c) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity as long as all conditions of approval are adhered to including but not limited to erosion control requirements and cleanup of any streets in the project area. d) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The use will adhere to the design requirements of the City. e) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the Planning Commission. The applicant has submitted former approved plans prepared by a civil engineer which illustrate existing and drainage and utility details for the site. f) The use is subject to such other additional conditions which the Planning Commission may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the Planning Commission. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions include approval of permits from other 3 governmental agencies, approval of a City grading permit, and a submittal of a security to cover the costs of restoration. 4. The CUP is hereby approved, subject to the following conditions: a. The filling and land reclamation must be done according to plans stamped approved by the City Engineering Department. b. The cleanup of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. c. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. d. Prior to any grading on the site, the applicant shall revise the plans in accordance with the requirements contained in the memorandum from the City Public Works Staff dated February 24, 2016 e. The CUP is valid for one year for land reclamation, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. PASSED AND ADOPTED THIS 7th DAY OF MARCH, 2016. _______________________________ Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Fleming Kallberg Larson Petersen Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ MY S T I C LA K E NE HAAS LAKE NE (907.3)1 4 0 T H S T N W M Y S T I C L A K E D R N W SI O U X T R L N W W I L D S P K W Y N W C A N T E R B U R Y R D N W C O U G A R P A T H N W W I L D S V W N W W A C I P I D R Scott County GIS Ü 0 1 , 1 0 0 2 , 2 0 0 55 0 Fe e t SM S C 23 0 3 1 4 0 t h S t r e e t N W Lo c a t i o n M a p 34 1 3 SU B J E C T PR O P E R T Y