HomeMy WebLinkAbout5B - EP 06-152 Ames Const. CUP
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co~ 16200 Eagle Creek Avenue S.E.
U t!l Prior Lake, MN 55372-1714
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
5B
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT TO ALLOW THE GRADING AND
FILLING OF A PORTION OF PROPERTY LOCATED
AT 3736 NORTH BERENS ROAD
DANETTE MOORE, PLANNING COORDINATOR
X YES NO-N/A
SErlJ!-MBER 11, 2006
EP 06-1S2
PRESENTER:
PUBLIC HEARING:
DATE:
CASE NO.
INTRODUCTION:
Ames Construction is requesting a Conditional Use Permit to incorporate approximately
6,000 cubic yards of excavated fill on the site. The site is located at the northwest
intersection of Shepherds Path and North Berens Road (previously known as McKenna
Road). The purpose of this request is to allow for decreased grades adjacent to North
Berens Road and reduce storm water erosion. The fill will come from excavated areas on
the adjacent Shepherds Path development site. Section 1101.509 of the Zoning
Ordinance states that grading, filling, land reclamation, and excavation requires a
Conditional Use Permit for excavation of more than 400 cubic yards.
SITE ANALYSIS:
Total Site Area: The total site area is approximately 20 acres. The construction limits
specific to the grading and filling area will be approximately 48,000 square feet.
Structures: The subject area of the site has no structures. North of the subject area is a
farmstead dwelling and outbuildings.
TODo~raDhv: This site has varied topography, with current elevations ranging from 924'
MSL at the highest point (northeast edge) to 862'MSL at the lowest point (northwest
corner). The site area where the grading and filling is proposed to take place has
elevations ranging from 91O'MSL at the highest point to 888'MSL at the lowest point.
The proposed topographic elevations within the grading and filling area will range from
903' MSL at the site's highest point (western edge) to 888' MSL at the lowest point
(southeastern corner). The site will continue to drain to the southeast corner of the site
and ultimately to a pond located southeast of the site.
1:\06 fiJes\06 cup's\mckenna grading\pc report.doc . f .
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Phone 952.447.4230 / Fax 952.447.4245
Ve2etation: The majority of the site is cropland. The site has trees located in the
northern portion of the property and in the vicinity of the farmstead dwelling and
outbuildings. No trees are proposed to be impacted by this proposed application.
Wetlands: There are no wetlands located on this site.
2020 ComDrehensive Plan Desil:nation: This property is designated for R-LD (Urban
Low Density Residential) on the 2020 Comprehensive Plan Land Use Map.
Zonint;. The site is zoned A (Agricultural).
REVIEW PROCESS:
The proposed Conditional Use Permit should be reviewed in accordance with the criteria
found in Section 1108 of the City Code and Section 1101.509. Section 1101.509 is the
provision on Grading, Filling, Land Reclamation, and Excavation. The criteria are
discussed on the following pages.
Citv Code 1101.509 (2) Excavation.
Excavation of material exceeding 400 cubic yards of sand, gravel, or other material from
the land shall be permitted only by CUP. The permit application shall include, but is not
limited to, a site plan which shows the finished grade of the land after the excavation has
been completed, the effect of the proposed excavation upon the community and the
adjacent land, the type of material to be extracted from the land, the type of equipment to
be used, the period of time the excavation operation will be conducted, plans for
implementation of measures to guarantee safety of the site and the excavation operation,
plans for rodent and other animal control, fire control, general maintenance of the site
and adjacent area, providing for control of material hauled to or from the site, 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 permit application shall include a plan which shows the routes of trucks moving to
and from the site to remove material from the site, an inventory of significant trees on the
site, and other pertinent information necessary to the decision whether to approve the
CUP. No permit shall be granted for a period longer than 12 months.
The CUP shall impose conditions upon the owner of the land to be excavated and the
person performing the excavation operation which will prevent damage to the community
and adjacent landowners during the course of the excavation operation. Those
conditions may impose restrictions in all areas affecting the excavation operation and the
City may require a Letter of Credit to insure the conditions imposed and the completion
of the work will be performed in the manner described in the plan and CUP.
1:\06 files\06 cup's\mckenna grading\pc report.doc
2
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.
The filling and grading will be consistent with the goals and policies of the
Comprehensive Plan. The policies include providing adequate regulation to
prevent the development of endeavors which will create a hazard to the
environment. The grading and filling will allow for decreased grades and
address concerns related to storm water erosion.
(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 facilities,
services, or improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities. During the
grading and fill work, the applicant will be responsible for maintaining the
condition ofthe adjacent roads.
(S) 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.
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(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 Minnesota,
approved by the City Council and incorporated as part of the conditions
imposed on the use by the City Council.
The applicant will be required to submit a Letter of Credit in order to ensure
compliance with this requirement.
(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 plans shall
be included as part of the conditions set forth in the CUP approved by the
City Council.
The plans have been prepared by a civil engineer.
(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.
CONCLUSION
Staff recommends approval ofthe conditional use permit request, subject to the following
conditions:
1. The excavation must be done according to the approved plans.
2. The clean up 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. Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and
8:00 a.m. to 12:00 noon on Saturdays.
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4
4. Watering for dust control shall be done on an as needed basis or within 24 hours
written notice from the City. Such notice shall be transmitted by facsimile to the
applicant. Dust control includes the entire project area and is not limited to roadways.
Water for dust control shall be provided from an off-site source.
5. The CUP is valid for one year, 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. Any renewal of the CUP is subject to City Council approval and is to include
any information as requested by City staff or the City Council that would aid the City
Council in determining whether the excavation activities conducted pursuant to this
CUP created any adverse impacts to the health, safety or welfare of the City or its
residents.
ALTERNATIVES:
1. Approve the CUP subject to the above conditions.
2. Table this item to a date specific, and provide the developer with direction on the
issues that have been discussed.
3. Deny the request.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REOUIRED:
A motion and second to approve Resolution 06-12PC approving the CUP, subject to the
listed conditions.
ATTACHMENTS:
1. Resolution 06-12 PC
2. Location Map
3. Applicant's Site Plan
1:\06 files\06 cup's\mckenna grading\pc report.doc
5
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 06-12PC
A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION OF MORE THAN 400
CUBIC YARDS
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on September
11, 2006, to consider an application from Ames Construction to allow grading and
fill of more than 400 cubic yards on property located at the northwest intersection of
Shepherds Path and North Berens Road; and
Notice of the public hearing on said CUP was duly published in accordance with the
applicable Prior Lake Ordinances; and
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
The Planning Commission finds the CUP to allow the grading and fill of more than
400 cubic yards in harmony with both existing and proposed development in the
area surrounding the project; and
The City Council 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 Section 1108.202 of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE:
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.
The filling and grading will be consistent with the goals and policies of the Comprehensive
Plan. The policies include providing adequate regulation to prevent the development of
endeavors which will create a hazard to the environment. The grading and filling will allow for
decreased grades and address concerns related to storm water erosion.
b. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
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.
L:\06 FILES\06 CUP'S\McKenna Grading\cup resolution. DOC Page 1
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Phone 952.447.4230 / Fax 952.447.4245
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 and filling 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. During the grading and fill
work, the applicant will be responsible for maintaining the condition of the adjacent roads.
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.
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 City Council and
incorporated as part of the conditions imposed on the use by the City Council.
The applicant will be required to submit a Letter of Credit in order to ensure compliance with
this requirement.
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 City Council.
The plans have been prepared by a civil engineer.
h. 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.
L:\06 FILES\06 CUP'S\McKenna Grading\cup resolution.DOC
Page 2
3. The CUP is hereby approved, subject to the following conditions:
a) The grading/fill must be done according to the approved plans.
b) The clean up 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) Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and
8:00 a.m. to 12:00 noon on Saturdays.
d) Watering for dust control shall be done on an as needed basis or within 24 hours written
notice from the City. Such notice shall be transmitted by facsimile to the applicant. Dust
control includes the entire project area and is not limited to roadways. Water for dust
control shall be provided from an off-site source.
e) The CUP is valid for one year, 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. Any renewal of the CUP is
subject to City Council approval and is to include any information as requested by City
staff or the City Council that would aid the City Council in determining whether the
excavation activities conducted pursuant to this CUP created any adverse impacts to the
health, safety or welfare of the City or its residents.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow grading and fill of more than 400 cubic yards. The contents of Planning Case File #06-
152 is hereby entered into and made a part of the public record and the record of the decision for this
case.
Passed and adopted this 11th day of September, 2006.
ATTEST:
Anthony Stamson, Commission Chair
Jane Kansier, Planning Director
L:\06 FILES\06 CUP'S\McKenna Grading\cup resolution.DOC
Page 3
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CITY PROJECT '05-116