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HomeMy WebLinkAbout4C- SMSC CUP Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 18, 2016 AGENDA #: 4C PREPARED BY: LARRY POPPLER, CITY ENGINEER PRESENTED BY: LARRY POPPLER 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 ALONG HOWARD LAKE ROAD DISCUSSION: Introduction The Shakopee Mdewakanton Sioux Community has applied for a conditional use permit to allow grading and land reclamation of a property located along Howard Lake Road, south of the intersection of County Highway 82 and Mystic Lake Blvd. The project calls for the importing of up to 100,000 cubic yards of material and grading the site. Current Circumstances PHYSICAL SITE CHARACTERISTICS: Total Site Area: The vacant site is approximately 80 acres. Access: Access to the site will be from Howard Lake Road. 2030 Comprehensive Plan Designation: This property is designated R-LD for Urban Low Density Residential 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 Howard Lake Road. The imported fill will come from an adjacent wetland restoration project and from excess material for construction of the new County Road 81 roadway corridor including required pond excavations for the project. The County Road 81 road- way construction is also adjacent to the site, so dirt movement will not travel on local roadways except for a crossing of Howard Lake Road. Wetland approvals are still in process and must be received prior to any work within the wetland areas. Conclusion The attached memorandum from City Staff details specific comments related to their review and analysis of the site. These comments must be addressed prior to the issuance of a grading permit for the project. City Staff recommends ap- proval 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. 3 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. 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 4 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 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 Engineering and Public Works Staff dated July 14, 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. 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-XXPC 2. Location Map 3. City Public Works Staff Memorandum dated July 14, 2016 4. Project Plans stamp dated June 17, 2016 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXPC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS Motion By: Second By: WHEREAS, The property is legally described as follows: Parcel 1: The North One-Half of the Southwest Quarter (N ½ of SW ¼) of Section 33, Township 115, Range 22, Scott County, Minnesota, EXCEPT the following described tracts: Tract 1: A tract on the West side of the Northwest Quarter of the Southwest Quarter, said tract to be 2 rods wide and 40 rods more or less in length beginning at the Northwest corner of said Southwest Quarter and running south along said west line of said Southwest Quarter until it intersects the Shakopee and Spring Lake Road, the same to be used for road purposes, all in Section 33, Township 115, Range 22. Tract 2: A tract of land in the Southwest Quarter of Section 33, Township 115, Range 22, described as follows: Commencing at the Northwest corner of said Section 33, thence South along the West line of said Section 33, 2939.6 feet to the actual point of beginning; thence continuing South 401.4 feet to the north right of way of County Road 10; thence Southeasterly along said right of way 108.0 feet; thence Northeasterly at right angles to said County Road 10, 105.0 feet; thence Northwesterly parallel to said County Road 10, 492.4 feet to the actual point of beginning. Tract 3: The North 26.66 rods (or 440 feet) of the North Half of the Southwest Quarter, Section 33, Township 11, Range 22. Parcel 2: All that part of the Southwest Quarter of the Southwest Quarter (SW ¼ of SW ¼) of Section 33, Township 115 North, Range 22 West, Scott County, Minnesota, lying Northerly of County Road 81, as now located, except the East 180 feet thereof. Parcel 3: The Easterly 180 feet of that part of the SW1/4 of the SW1/4 of Section 33, Township 115 North, Range 22 West, according to the United States Government Survey thereof and situate in Scott County, Minnesota, lying Northerly of the center line of County Road No. 14 and now laid out. Parcel 4: The East 66 feet of the Southwest Quarter of the Southwest of Section 33, Township 115, Range 22, Scott County, Minnesota, lying South of the centerline of County Road No. 81. Parcel 5: Together with that part of the West 66.00 feet of the East 132.00 feet of the Southwest Quarter of the Southwest Quarter of Section 33, Township 115, Range 22, Scott County, Minnesota, lying southerly of the centerline of County Road No. 81. Parcel 6: That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 12 minutes 12 seconds East (assumed bearing) along the south line of said Southwest Quarter of the Southwest Quarter a distance of 1135.15 feet to the west line of the east 198.00 feet of said Southwest Quarter of the Southwest Quarter; thence northerly along said west line of the East 198.00 feet a distance of 744 feet more or less to the centerline of County Road No. 81; thence northwesterly along said centerline to its intersection with a line drawn North 43 degrees 22 minutes 02 seconds East from the point of beginning; thence South 43 degrees 22 minutes 02 seconds West a distance of 1276.41 feet to the point of beginning. Parcel 7: The West 66 feet of the East 198.00 feet of the Southwest Quarter of the Southwest Quarter of Section 33, Township 115, Range 22, Scott County, Minnesota, lying Southerly of the centerline of County Road No. 81. Parcel 8: The Northwest Quarter of the Northwest Quarter of Section 4, Township 114, Range 22, Scott County, Minnesota. 2 Parcel 9: Government Lot 1, Section 5, Township 114, Range 22, Scott County, Minnesota. (PID 25-904-016-0; 25-904-017-0; 25-904-018-0; 25-904-019-0; 25-905-017-0; 25-905-018-0; 25-905- 020-0) 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; 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: 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 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. 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. 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. 3 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 agencies, approval of a City grading permit, and a submittal of a security to cover the costs of restoration. 3. 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 Dept. 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 Engineering and Public Works Staff dated July 14, 2016 4 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 18TH DAY OF JULY, 2016. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Fleming Larson Petersen Kallberg Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ HOWARD LAKE NE (957.3) H O W ARD LAKE RD N W 154TH ST NW M A R S C H A L L R D B E L M O N T AV N W PARK PL NW Howard Lake Ü SMSC Conditional Use Permit Location Map UPPER PRIOR LAKE GD (904) SPRIN G LAKE GD (912.8) ARTIC LAKE NE (906.7) CAMPBELL LAKE NE (Not Estab.) 170TH ST SW BELMONT AV NW Spring Lake SUBJECTPROPERTY SUBJECTPROPERTY Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Memo Date: July 12, 2016 To: Community Development From: Engineering Department – Larry Poppler, City Engineer Public Works Department – Pete Young, Water Resources Engineer Subject: SMSC ICO Subdivision Grading The Engineering and Public Works Departments have reviewed the Grading and Erosion Control Plan for the subject project with a stamped received date of June 17, 2016 and we have the following comments. Bold comments have potential to impact final approval(s). General 1. The Developer shall obtain all required regulatory agency permits and approvals including those from the Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Scott County. 2. Provide benchmark for the grades shown on the plans. 3. Please show addresses for property and adjacent properties. 4. Provide signed engineering drawings. . Grading & SWPPP 1. Please provide additional contouring information for the adjacent property to the south to show how these grades will tie into the existing neighborhood. 2. Please provide the following notes on the grading plan: a. Perimeter / downstream sediment control best management practices should be installed prior to any site work. Please contact the City of Prior Lake Engineering Department at 952-447-9800 48 hours ahead of an inspection. b. Slopes greater than or equal to 3:1 shall have approved erosion control best management practices installed immediately after finished grading. 3. SWPPP designer is listed as Bob E. Bean under the page title and Joshua Stier in the table below. 4. SWPPP for the ICO Subdivision Grading plan set should reference the general notes that were submitted for the ICO Wetland Restoration plan set, sheets 7-9, or a standalone SWPPP for both projects could be submitted. 5. Please include typical details or descriptions for all planned erosion and sediment control BMPs. 6. Show locations of rock construction entrances. 7. Silt fence or other sediment control is missing in some areas of the grading plan, but it is shown on the Erosion Control & Turf Establishment sheets. A double row is required for disturbed areas closer than 50 feet from receiving waters. Silt fence linetypes/weights should be reviewed for consistency across plan sheets. 8. Erosion Control & Turf Establishment sheets (3.07-3.10) show seeding over the existing wetland areas. No work should be done within these areas (including seedbed preparation) until the wetland approval process is complete. BMP Summary table quantities on sheet 3.06 may require adjustments.