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Home My WebLink About4A CUP Spring Lake Regional Park 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: October 24, 2022 AGENDA #: 4A PREPARED BY: Jeff Matzke, Planner PRESENTED BY: PUBLIC HEARING: Casey McCabe, Community Development Director Pete Young, Water Resources Engineer Yes AGENDA ITEM: Consider a Conditional Use Permit to Allow Grading and Land Reclamation in Excess of 400 Cubic Yards at 2700 Spring Lake Road SW for County Regional Park Construction DISCUSSION: Introduction Scott County Parks has applied for a conditional use permit (CUP) to allow grad- ing on the Spring Lake Regional Park property located at 2700 Spring Lake Road SW. The subject site is located east of Stemmer Ridge Road, south of County Hwy 12, along the northern shores of Spring Lake. Scott County Parks has a long-term plan to develop an active park property along the northern shores of Spring Lake with a parking area, park building, walking trails, fishing pier, and other park amenities. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The project area is approximately 13.5 acres. Vegetation: The site is largely wooded. Wetlands: An approximately 20,000 sq. ft. wetland is located on the site. Access: Access to the site is via Spring Lake Road which lies immediately to the north of the property. 2040 Comprehensive Plan Designation: This property is designated R-LD for Urban Low Density Residential use on the 2040 Comprehensive Plan Land Use Map. Zoning: The site area is zoned R-1 (Low Density Residential). Tree Replacement: The tree inventory plan has identified over 860 trees on the site. Scott County Parks has identified approximately 295 trees for removal (33% tree removals) however, many are Ash and Elm species. According to the project plans, final tree removals for the Spring Lake Regional Park development will be field verified to save even more trees where possible with the priority on preserving Oak, Black Cherry, and Hackberry. Furthermore, an extensive landscape plan is also proposed for the area as part of the park development 2 with the planting of 74 trees. This landscape plan has been included in the attached project plans. Current Circumstances A Conditional Use Permit is required for the proposed work as Prior Lake City Code Subsection 1140.600 (2) requires any grading, filing, excavation, or land reclamation involving the removal, movement, or placement of over 400 cubic yards of fill shall be permitted only by Conditional Use Permit in all Zoning Dis- tricts. Conclusion Scott County Parks has a long-term plan to develop the northern shores of Spring Lake Regional Park into a more active park area with a parking lot , park building, walking trails, a fishing pier, and other park amenities. The grading would allow for the development of the park property in the area. Parks and Open Space are permitted land uses in the R-1 (low Density Residential) Zoning District. City Staff has included a draft approval resolution, with the following conditions of approval: 1. The filling and land reclamation must be done according to plans ap- proved by the City Engineering Dept. 2. The cleanup of fill material because 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. 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 ex- piration of its one (1) year term, the property owner may make an appli- cation 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. ISSUES: CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1151 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. One goal of the 2040 Comprehensive Plan is to “maintain and promote safe, sound, and connected land use.” A purpose of the review of this Conditional Use Permit is to ensure that erosion control and adequate storm water anal- ysis is completed to ensure no negative impacts to the overall area. It also provides for the notification of the project to the surrounding properties re- garding the activity which is proposed. (2) The use will not be detrimental to the health, safety, morals, and gen- eral welfare of the community as a whole. 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 (3) The use is consistent with the intent and purpose of the Zoning Ordi- nance and the Use District in which the Conditional Use is located. Section 1140.600 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 Condi- tional Use Permit. (4) The use will not have undue adverse impacts on governmental facili- ties, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. No gov- ernment services exist within the project land reclamation area. (5) 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. The grading/tree preservation plan will en- sure reforestation and regional park development in the 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 professional landscape architect, or civil engineer registered in the State of Minne- sota 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. (7) The use is subject to drainage and utility plans prepared by a profes- sional civil engineer registered in the State of Minnesota which illus- trate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facili- ties. 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 utili- ties. (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 im- posed in those situations where the other dimensional standards, per- formance 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 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, and approval of a City grading permit. 4 ALTERNATIVES: 1. Motion and a second to approve a Conditional Use Permit for grading at 2700 Spring Lake Road SW subject to the listed 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. RECOMMENDED MOTION: Alternative #1 EXHIBITS: 1. Resolution 22-__PC 2. Location Map 3. Project Plan dated September 30, 2022 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-__PC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT 2700 SPRING LAKE ROAD SW Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on October 24, 2022, to consider a request from Scott County Parks to approve a Conditional Use Permit (CUP) to allow grading and land reclamation in excess of 400 cubic yards at the following property: 2700 Spring Lake Road SW (PID 259040031) The property is legally described as follows: That part of Government Lot 2, Section 4, Township 114, Range 22, Scott County, Minnesota, lying Northerly of Auditor’s Subdivision No. 12, and Butternut Beach and lying Westerly of the centerline of vacated Old County Road 81. AND Government Lot 3, Section 4, Township 114, Range 22, Scott County, Minnesota, EXCEPT a 100-foot-wide tract East and West abutting on the East line of said Government Lot 3 and Spring Lake, lying Southerly of County Road 12, formerly State Highway No. 13); and also EXCEPT that part of said Government Lot 3 which lies within Auditor’s Subdivision No. 12. AND The Southeast Quarter of the Northwest Quarter, Section 4, Township 114, Range 22, Scott County, Minnesota. 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 1151 of the Prior Lake Zoning Ordinance NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: 2 a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One goal of the 2040 Comprehensive Plan is to “maintain and promote safe, sound, and connected land use.” A purpose of the 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. 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 1140.600 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 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. The grading/tree preservation plan will ensure reforestation and regional park development in the 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 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 3 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 and approval of a City grading permit. 3. The CUP is hereby approved, subject to the following conditions: a. The filling and land reclamation must be done according to plans approved by the City Engineering Dept. b. The cleanup of fill material because 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 an 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 24TH DAY OF OCTOBER 2022. David Tieman, Commission Chair Attest: Casey McCabe, Community Development Director VOTE Tieman Kallberg Ringstad Johnson Tschetter Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Proposed Project Area SPRING LAKE REGIONAL PARK Future Park Building Shoreline B l v d .Maple Grove Ln.Spring Lake ADA Kayak Launch ADA Shoreline Platform Interpretive Signage Shoreline Platform Shoreline Platform Picnic Area Picnic Area Handwashing & Water Fountain Parking Parking Wetland Wetland Wetland Existing Pond Maintenance Drive Overlook SeatingTrail Boardwalk Bike Parking Picnic Area Overlook Fishing Pier SPRING LAKE REGIONAL PARK / SCOTT COUNTY + THREE RIVERS PARK DISTRICT / REHDER ASSOC. DF/ DAMON FARBER SITE PLAN 0 40’ 80’ 160’ N TREE PROTECTION ZONESIGNIFICANT TREE TO REMAINEXISTING TREE TO REMOVED,GRIND STUMP ROOT PRUNE TREE PROTECTION ZONESIGNIFICANT TREE TO REMAINEXISTING TREE TO REMOVED,GRIND STUMP ROOT PRUNEPROVIDE KAYAK ROLLER LANE, TRANSFER STATION BENCH, BOARDINGFINISHES TO MATCH FISHING PIER, OVERLOOK, AND KAYAK LAUNCHNOT FORCONSTRUCTIONI hereby certify that this document wasprepared by me or under my directsupervision and that I am a duly licensedLandscape Architect under the laws of theState of Minnesota.NameRegistration #SignatureDateDateDF/ Project #ScaleDrawn/CheckedREVISION09/30/202221-249VARIESAG/JR/CESCOTT COUNTYPrior Lake, MNSpring LakeRegional ParkLakefrontDevelopmentCUP SUBMITTAL 09/30/2022----310 South 4th Avenue, Suite 7050Minneapolis, MN 55415p: 612.332.752250575Chuck Evens09/30/2022NORTH0SCALE:1"=40'40' 80'120'LEGENDTREE PRESERVATON AND REMOVALNOTES:1. SEE SHEET L003 FOR TREE PRESERVATION NOTES ANDDETAILS.3. REFER TO CIVIL FOR DEMOLITION PLAN.4. EXISTING TREE LOCATIONS & QUANTITIES SHOWN ON PLANARE APPROXIMATE & TO BE VERIFIED IN FIELD. SURVEYEDTREES INCLUDE TREES LARGER THAN 6". SMALLER TREESEXIST ON SITE AND IT SHALL BE THE RESPONSIBILITY OF THECONTRACTOR TO FAMILIARIZE THEMSELVES WITH EXTENTSOF EXISTING VEGETATION.5. TREE REMOVALS SHALL INCLUDE:·REMOVAL OF TREES SMALLER THAN 6" WITHIN THELIMITS OF CONSTRUCTION (CLEARING & GRUBBING)·REMOVAL OF TREES IDENTIFIED ON PLAN·TREES DETERMINED IN FIELD TO REQUIRE REMOVAL6. TREE REMOVALS TO BE SELECTED AND APPROVED IN FIELDBY LANDSCAPE ARCHITECT. REMOVALS SHALL BE SELECTEDFOR HEALTH AND CONFLICT WITH PROPOSED WORK.7. TREE REMOVALS & PRUNING TO BE PERFORMED BY ISACERTIFIED ARBORIST.8. REMOVE DEBRIS FROM TREE PROTECTION ZONES. RESTOREROOT ZONES WHERE SOIL COMPACTION HAS OCCURREDOUTSIDE OF TREE PROTECTION ZONE BUT WITHIN DRIPLINEOF TREES- USE AIR SPADE TO DECOMPACT. REFER TOSPECIFICATIONS.9. PROTECT EXISTING TREES TO REMAIN. RETAIN TREEPROTECTION IN PLACE FOR DURATION OF CONTRACT.10. PROTECT TREES IN GROUPS/MASSES WHENEVER POSSIBLE.11. REFER TO TREE PROTECTION DETAILS AND NOTES.12. FOR TREES DAMAGED DURING CONSTRUCTION, THE OWNERSHALL BE COMPENSATED A MONETARY VALUE ASDETERMINED BY AN ISA CERTIFIED ARBORIST PER "THEGUIDE FOR PLANT APPRAISAL, 10TH EDITIONTREEPRESERVATIONPLANL003 OHWL APPROXLOCATION: 912.8TURFPERENNIAL& SHRUBPLANTINGPERENNIAL & SHRUBPLANTINGPERENNIAL& SHRUBPLANTING12,793 sf - SM18,649 sf - SM33,339 sf - SM34,878 sf - SM318,386 sf - SM19,765 sf - SM19,765 sf - SM1TURFSAVANNA FORB ENHANCEMENT (356 sf)33 - Asclepias tuberosa33 - Echinacea pallida33 - Monarda fistulosa33 - Symphyotrichum oolentangiense33 - Zizia aurea3,011 sf - SM118,386 sf - SM13,029 sf - SM11,667 sf - SM19,824 sf - SM410,551 sf - SM524,816 sf - SM516,518 sf - SM16,769 sf - TS1,844 sf - SM32,384 sf - SM110,226 sf - SM111,862 sf - SM1110 - SSOVERLOOK DECK ABOVE, SEEDBELOW STRUCTUREBOARDWALK ABOVE,SEED BELOW STRUCTURECONIFERSCODEBOTANICAL / COMMON NAMEEV EVERGREENDECIDUOUS TREESCODEBOTANICAL / COMMON NAMED DECIDUOUSOT ORNAMENTAL TREESHRUB AREASCODEBOTANICAL / COMMON NAMEPERENNIAL & SHRUB PLANTINGPR PERENNIAL PERENNIALSB SHRUBS SHRUBSSTORMWATER BASIN- WETLAND ENHANCEMENTCG CHELONE GLABRA / WHITE TURTLEHEADLG LIATRIS PYCNOSTACHYA / GAYFEATHERRB RUDBECKIA FULGIDA / CONEFLOWERSN SYMPHYOTRICHUM NOVAE-ANGLIAE / NEW ENGLAND ASTERVH VERBENA HASTATA / BLUE VERVAINSAVANNA FORB ENHANCEMENTAT ASCLEPIAS TUBEROSA / BUTTERFLY MILKWEEDEP ECHINACEA PALLIDA / PALE PURPLE CONEFLOWERMB MONARDA FISTULOSA / BERGAMOTSO SYMPHYOTRICHUM OOLENTANGIENSE / SKY BLUE ASTERZA ZIZIA AUREA / GOLDEN ALEXANDERSS SCHIZACHYRIUM SCOPARIUM 'MINNBLUEA' / BLUE HEAVEN LITTLE BLUESTEMGROUND COVERSCODEBOTANICAL / COMMON NAMETS TURF SEEDSEED MIXESCODEBOTANICAL / COMMON NAMESM1 NATIVE SEED MIX TYPE 1 / SAVANNASM2 NATIVE SEED MIX TYPE 2 / SHORELINESM3 NATIVE SEED MIX TYPE 3 / WOODLANDSM4 NATIVE SEED MIX TYPE 4 / MID-TERM NATIVE CONSTRUCTIONSM5 NATIVE SEED MIX TYPE 5 / STORMWATER BASINNOT FORCONSTRUCTIONI hereby certify that this document wasprepared by me or under my directsupervision and that I am a duly licensedLandscape Architect under the laws of theState of Minnesota.NameRegistration #SignatureDateDateDF/ Project #ScaleDrawn/CheckedREVISION09/30/202221-249VARIESAG/JR/CESCOTT COUNTYPrior Lake, MNSpring LakeRegional ParkLakefrontDevelopmentCUP SUBMITTAL 09/30/2022----310 South 4th Avenue, Suite 7050Minneapolis, MN 55415p: 612.332.752250575Chuck Evens09/30/2022SHEET NOTES:1. REFER TO L002 FOR GENERAL NOTES AND ABBREVIATIONS.2. REFER TO L003 FOR LANDSCAPE NOTES.3. REFER TO L006 FOR TREE PRESERVATION DETAILS.4. PROVIDE EROSION CONTROL BLANKET AT SEEDED AREAS 3:1 AND STEEPER.PROVIDE NATIVE STRAW/ HYDROMULCH AT SEEDED AREAS SLOPED LESS THAN 3:1.5. PROVIDE ROADBED DECOMPACTION TO MINIMUM DEPTH OF 18".6. TREE, SHRUB AND PERENNIAL PLANTINGS TO BE PROVIDED AND INSTALLED BYOWNER. SEEDING, RESTORATION, AND SOIL PREP TO BE PROVIDED AND INSTALLEDBY CONTRACTOR.LEGENDNORTH0SCALE:1"=40'40' 80'120'TREE &PLANTINGPLANL140