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HomeMy WebLinkAbout4A 5035 Beach Street NE CUP report agenda 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 15, 2017 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO AL- LOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT 5035 BEACH STREET NE DISCUSSION: Introduction Cindy Langer has applied for a conditional use permit to allow grading and land reclamation of his property located at 5035 Beach Street. The site is located on the Northwest shores of Lower Prior Lake, South of County Hwy 82. The project calls for the importing of 6,000 cubic yards of fill to the site. History A single family detached residential home is located on the site. In 2012 and again in 2015 the applicant received CUP approvals to place between 6,000 and 9,800 cubic yards of fill on the site, however the applicant did not pursue the project at either time and the CUP approvals expired after 1 year. The ap- plicant is seeking to elevate the grade near the center of the property for flood relief and future development purposes. Current Circumstances The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations, and a description of some of the specifics of the proposed site. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The property is 2.7 acres with a project impact area of approx- imately 0.8 acres. Topography: The large subject site varies in elevation from 897 MSL to 918 MSL. Vegetation: The site is largely vacant, but does contain a single family house along the lakeshore. Wetlands: No wetlands are currently indicated on the site. Access: Access to the site is via a shared driveway from Beach Street. 2030 Comprehensive Plan Designation: This property is designated R-LD for Urban Low Density Residential use on the 2030 Comprehensive Plan Land Use Map. 2 Zoning: The site area is zoned R-1 (Low Density Residential). 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 are 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 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 to allow the public to comment and ask questions about the proposed project. Projects which gener- ally involve this amount of grading have public hearings through a platting or development process. In this case, the property owner has chosen to complete the grading aspect at this time for an area which may in the future be a lot sub- division with possible platting of the property and future public hearings. Conclusions The City Engineer has been in contact with the applicant in regards to drainage flows and the final grading plan will require a grading permit through the Engineering Department prior to importation of fill. City Staff has included a draft approval resolution, with the following conditions of approval per the previously approved CUP from 2015: 1. The filling and land reclamation must be done according to plans stamped approved by the City Engineering Dept. 2. The cleanup of fill material as a result of spills or general transporta- tion of fill on any public road shall be the responsibility of the appli- cant. 3. The Conditional Use Permit is subject to the issuance of required per- mits from all applicable governmental agencies. 4. 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 3 of this CUP does not create any right, in law or equity, to the renewal thereof. 5. Easement/Agreement is required from downstream neighboring property for proposed drainage. 6. A City driveway permit will be needed for any driveway replacement. 7. The applicant shall provide soil specifications of the soil materials to be placed on the site to the City Engineering Department. 8. The City shall document the existing condition of Beach Street through photo reconnaissance prior to the hauling of fill to the site. 9. The applicant shall install signage to indicate truck traffic movements. ISSUES: CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. (1) 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. (2) 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. (3) 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. (4) The use will not have undue adverse impacts on governmental fa- cilities, services, or improvements which are either existing or proposed. 4 The use will not have adverse impacts on governmental facilities. No government services exist within the project land reclamation area. (5) The use will not have undue adverse impacts on the use and en- joyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoy- ment of properties in close proximity as long as all conditions of ap- proval are adhered to including but not limited to erosion control re- quirements and cleanup of any streets in the project area. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a pro- fessional landscape architect, or civil engineer registered in the State of Minnesota. The use will adhere to the design requirements of the City. (7) 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 applicant has submitted engineering plans identifying locations of utilities. (8) The use is subject to such other additional conditions which the City Council 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 City Council 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 City Council. 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. ALTERNATIVES: 1. Motion and a second to approve the CUP subject to the above conditions. 2. Motion and a second to table this item to a date specific, and provide the applicant with direction on the issues that have been discussed. 3. Motion and a second to deny the request based on specific findings of fact. 5 RECOMMENDED MOTION: Alternative #1 EXHIBITS: 1. Draft Resolution 17-XXPC 2. Location Map 3. Project Plan dated February 27, 2017 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT 5035 BEACH STREET NE Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 15, 2017, to consider a request from Cindy Langer to approve a Conditional Use Permit (CUP) to allow grading and land reclamation in excess of 400 cubic yards at the following property: 5035 Beach Street NE (PID 25-135-005-0) Legal Description: That part of Lot 5, MEADOW LAWN, Scott County, Minnesota, according to the recorded plat thereof, which lies south of a line drawn at a right angles to the west line of said Lot 5 from the northwest corner of said Lot 5. 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. 2 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. 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. The use will adhere to the design requirements of the City. 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 former approved plans prepared by a civil engineer which illustrate existing and drainage and utility details for the site. 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 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. 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. e. Easement/Agreement is required from downstream neighboring property for proposed drainage. f. A City driveway permit will be needed for any driveway replacement. g. The applicant shall provide soil specifications of the soil materials to be placed on the site to the City Engineering Department. h. The City shall document the existing condition of Beach Street through photo reconnaissance prior to the hauling of fill to the site. i. The applicant shall install signage to indicate truck traffic movements. PASSED AND ADOPTED THIS 15TH DAY OF MAY, 2017. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ B E A C H S T N E Lower Prior Lake Scott County GIS Ü 5035 Beach Street NE Conditional Use Permit LOWER PRIOR LAKEGD(904) PIKELAKENE(820.5) MYSTICLAKENE HAASLAKENE(907.3) ARTICLAKENE(906.7) HOWARD LAKENE(957.3) Lower Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY