HomeMy WebLinkAbout4A 6025 170th St. Grading CUP PC report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: May 8, 2023
AGENDA #: 4A
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY:
PUBLIC HEARING:
Casey McCabe
Yes
AGENDA ITEM:
Consider a Request for a Conditional Use Permit to Allow Grading and
Land Reclamation in Excess of 400 Cubic Yards at 6025 170th Street East
DISCUSSION: Introduction
The property owner, M. P. Holdings LLC, is requesting Conditional Use Permit
(CUP) to allow grading and land reclamation in excess of 400 cubic yards at
6025 170th ST E. The subject property is located north of CH21 and south of
170th Street East near the intersection with CH87/Revere Way (PID 259070010).
Background
The CUP request is related to removing poor soil from the property and bringing
in clean fill soil to prepare the site for future development. The fill soil proposed
for the site will come from soil being removed as part of the CH21/Revere Ave-
nue/170th Street East street project that is currently under construction.
The fill will be coming from adjacent properties so the haul routes will be internal;
no hauling is anticipated along 170th Street East within the boundaries of the City
of Credit River.
Prior Lake City Code requires a CUP for all grading, filing, excavation, or land
reclamation of over 400 cubic yards when a grading plan was not approved as
part of a preliminary and final plat related to a development or subdivision appli-
cation.
There are no development or construction plans for the property currently. The
purpose of the CUP request is to take advantage of the available fill material and
prepare the site for future development.
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 project area is approximately 8.15 acres.
Wetlands: The National Wetland Inventory identifies a small portion of a wet-
land at the southeast corner of this parcel, which will not be impacted by the
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proposed soil removal and fill. An additional administrative review will be com-
pleted by the City’s wetland consultant prior to issuance of a grading permit to
confirm no wetlands, if any, would be impacted.
Access: Access to the site is via 170th Street East which lies immediately north
of the property.
2040 Comprehensive Plan Designation: This property is designated Re-
tail/General Business use on the 2040 Comprehensive Plan Land Use Map.
Zoning: The site area is zoned R-1, Low Density Residential.
Topography: The grading is proposed for the eastern portion of the parcel, east
of the future Revere Avenue street extension. The site in this area ranges from
an elevation of 949’ at the southeast corner of the property to 960’ near the cen-
ter of the parcel along the southern property line. The property owner is not pro-
posing to place fill material near the southeast corner of the property but is plan-
ning to place fill across most of the site located east of the future Revere Avenue
extension. Elevations in this area are proposed to range from 953’ to 961’.
Grading/Land Reclamation: Under Section 1140.600 of the Zoning Code, land
reclamation involving the placement of over 400 cubic yards of fill shall be per-
mitted 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 excava-
tion has been completed, the type of material to be extracted from the land, gen-
eral maintenance of the site and adjacent area, and controls to be employed to
limit the effect 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 landowners 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 ensure 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 platted and
subdivided following a future public hearing.
ISSUES: CONDITIONAL USE PERMIT (CUP) ANALYSIS:
Section 1151.200 of the City Code sets forth the criteria for approval of a CUP.
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(1) The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
One goal of within 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.
(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 con-
ditions of the approving resolution are intended to ensure ongoing pro-
tection of the community.
(3) The use is consistent with the intent and purpose of the Zoning
Code and the Use District in which the Conditional Use is located.
Section 1140.600 of the Zoning Code allows Grading, Filling and Land
Reclamation over 400 cubic yards as a Conditional Use within any
zoning district. The conditions set forth in the Zoning Code 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.
The use will not have adverse impacts on governmental facilities.
(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 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.
(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.
No development or construction activity is anticipated at this time. Fu-
ture platting and development will require compliance with design and
other requirements of site and landscape plans.
(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 a grading plan prepared by a professional
civil engineer registered in the State of Minnesota. Utility plans will be
provided with future platting and development plans for the site.
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(8) 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 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
Resolution. These conditions include approval of permits from other
governmental agencies and approval of a City grading permit.
Conclusion
The property owner desires to remove poor soil and place clean fill to prepare
the site for future commercial development; although, a future commercial land
use is not identified currently. A grading permit is required through the
Engineering Department prior to grading activity. City Staff recommends
approval of the CUP with the following conditions:
1. The filling and land reclamation must be done according to plans approved
by the City Engineering Department.
2. The cleanup of fill material resulting from 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 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.
5. The applicant shall revise the plans according to the May 3, 2023 City Public
Works & Community Development Memorandum.
ALTERNATIVES: 1. Motion and a second to approve a Conditional Use Permit to allow grading
and land reclamation in excess of 400 cubic yards at 6025 170th ST East
subject to the listed conditions.
2. Motion and a second to deny the request based on specific findings of fact.
3. Provide direction to staff and continue discussion at a future meeting.
RECOMMENDED
MOTION:
Alternative #1
EXHIBITS: 1. Resolution
2. Location Map
3. Project Plans dated November 12, 2021
4. City of Prior Lake Memorandum
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-03PC
A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND
LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT 6025 170TH STREET EAST
Motion By: Second By:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 8, 2023
to consider a request from M. P. Holdings LLC to approve a Conditional Use
Permit (CUP) to allow grading and land reclamation in excess of 400 cubic yards
at 6025 170th Street East, Prior Lake, MN 55372 (PID 259070010); and
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 1151.200 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:
a) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
One goal of within 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.
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.
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c) The use is consistent with the intent and purpose of the Zoning Code and the Use
District in which the Conditional Use is located.
Section 1140.600 of the Zoning Code allows Grading, Filling and Land Reclamation over
400 cubic yards as a Conditional Use within any zoning district. The conditions set forth
in the Zoning Code 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.
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.
No development or construction activity is anticipated at this time. Future platting and
development will require compliance with design and other requirements of site and
landscape plans.
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 applicant has submitted a grading plan prepared by a professional civil engineer
registered in the State of Minnesota. Utility plans will be provided with future platting and
development plans 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 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 Resolution. 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 Department.
b. The cleanup of fill material resulting from 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.
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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.
e. The applicant shall revise the plans according to the May 3, 2023 City Public Works &
Community Development Memorandum.
PASSED AND ADOPTED THIS 8th DAY OF MAY 2022.
_______________________________
David Tieman, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tieman Fleming Kallberg Tschetter Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
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EXISTING BUILDING AREA
4,883 SQ. FT.
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B-1 (0.5)
B-5 (1.0)
B-9 (0.5)
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B-6 (1.5)
B-4 (1.5)B-3 (1.0)
B-7 (4.0)
NEW RIGHT OF WAY
NEW RIGHT OF WAY
NEW RIGHT OF WAY
FILL QUANTITY SHOWN = 16,500 C.Y.
NEW RIGHT OF WAY
Kiehm Construction, Inc.
8415 220th Street West
Lakeville, MN 55044
952-469-5600
SITE GRADING PLAN FOR
RECEIVING FILL
NEW DEVELOPMENT
PRIOR LAKE, MN
[Phone] 952-447-9800 | [Fax] 952-447-4245 | cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
Memorandum
To: Marty Kiehm info@kcibuilds.com
Grant Jacobson, Jacobson Engineers & Surveyors grant.j@engrsurv.com
From: Nick Monserud, Assistant Public Works Director nmonserud@priorlakemn.gov
Casey McCabe, Community Development Director cmccabe@priorlakemn.gov
Date: May 3, 2023
Re: Site Grading Plan – 6025 170th Street East (PID 259070010)
We have reviewed the following document related to the Conditional Use Permit request for site
grading at 6025 170th Street East, Prior Lake.
➢ Site Grading Plan for Receiving Fill (dated 1/13/21)
We have the following initial comments with regards to the document identified above:
City of Prior Lake Comments
1. Submit for and provide copies to the City of all required permits from regulatory agencies as
required:
a. An NPDES permit is required as the site exceeds 1 acre of disturbance.
b. Any work within Scott County right-of-way shall require a ROW permit from Scott
County.
2. Provide a Stormwater Pollution Prevention Plan for City Engineering review.
3. An administrative wetland review is required to verify no wetland impacts on the site and
buffer requirements are maintained prior to issuance of a City grading permit.
4. Provide calculations to confirm no increase in stormwater rate or flow at the discharge
points.
5. Haul routes will be internal from CH21/170th St./Revere Way construction project. Haul
Route No hauling shall be permitted on 170th Stret East within the city limits of the City of
Credit River without permission from the City of Credit River.
6. Revise grading plans to include proposed contours for streets currently under construction
along CH21, Revere Way extension, and 170th St. to confirm proper drainage patterns.
City of Credit River Comments Shane Nelson, Credit River City Engineer, 763-852-0479,
ShaneN@HAA-inc.com
1. Credit River understands at this point this is just a CUP for a grading plan and no
commercial use is proposed at this time; however, Credit River requests the applicant
consider constructing a berm along the eastern boundary to screen this property from the
adjacent residential property in the City of Credit River. If screening in the form of a large
berm is not provided at the time, Credit River requests a large screening berm is provided
when the property is further developed.
2. It would seem prudent that the Applicant / Property Owner considers constructing the berm
at this time to take advantage of the cost savings from the adjacent public improvement
project with excess fill.
Scott County Comments
Three Rivers Park District - Alyssa Olson, Principal Planner - Three Rivers Park District in
Partnership with Scott County, 612-368-3301, alolson@co.scott.mn.us
1. Requests confirmation that all stormwater runoff is staying on the property, that Clearly Lake
Regional Park would not receive any down stream sediment, and that proper silt fencing or
other BMPs are in place.
2. Requests confirmation that there are no anticipated road detours that would impact park
users.
Scott County Transportation Services - Nathan Abney, Senior Transportation Planner, 952-
496-8839, nabney@co.scott.mn.us
1. The grading plans need to include the County road boulevard that is in the intersection plan;
which is currently under construction.
2. No grading shall be allowed in the County right of way.
3. Any work within the County right-of-way shall require a County permit.
4. No ponding, berming, signage, or landscaping shall be permitted in the County right of way.
Scott County Environmental Services - Mary VonEschen, Environmentalist II, 952-496-8344,
mvoneschen@co.scott.mn.us
1. This property has a holding tank on the north side of the building, Scott County would like to
see this tank put on the survey to make sure there is no grading happing by it or on it.
2. The holding tank will need to be protected during grading to ensure there is no damage to
it.