HomeMy WebLinkAboutKlamm CUP
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
5A
PUBLIC HEARING TO CONSIDER A CONDITIONAL USE
PERMIT TO ALLOW THE GRADING AND FILLING OF A
PORTION OF PROPERTY LOCATED AT 4130 140TH
STREET NE (KLAMM PROPERTY)
JANE KANSIER, PLANNING DIRECTOR
..lL YES _NO-N/A
MARCH 26, 2007
EP 07-108
PRESENTER:
PUBLIC HEARING:
DATE:
CASE NO.
INTRODUCTION:
Daniel and Michele Klamm are requesting a Conditional Use Permit to incorporate
approximately 4,200 cubic yards of excavated fill on their property located at 4130 140th
Street NE. The site is located north of CSAH 42, west of Pike Lake Trail and east of
Shepherd's Path and CSAH 21. This request is the result of a mediated settlement
between the City of Prior Lake and Mr. and Mrs. Klamm for the placement of fill on the
site without the proper permits. 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 10 acres. The construction limits
specific to the grading and filling area will be approximately 37,000 square feet.
Structures: The subject area of the site has no structures. North of the subject area is
a farmstead dwelling and outbuildings.
Topoaraphv: The site area where the grading and filling is proposed to take place has
elevations ranging from 860' MSL at the highest point to 846' MSL at the lowest point.
Veaetation: There are a number of trees located on this property. No significant trees
are proposed to be impacted by this proposed application.
2030 Comprehensive Plan Desianation: This property is designated for R-LD (Urban
Low Density Residential) on the 2030 Comprehensive Plan Land Use Map.
Zonina: The site is zoned A (Agricultural).
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www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
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.
City 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.
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
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2
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 of the adjacent roads.
(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.
(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.
No landscaping or tree preservation is required.
(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.
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CONCLUSION
Staff recommends approval of the conditional use permit request, subject to the
following conditions:
1. The Best Management Practices Notes must be included on the final plan.
2. The excavation must be done according to the plans stamped "Approved by the City
Engineer".
3. The applicant must contact the City Engineering Department for inspection of the
work on the site.
4. The applicant must record the approving resolution at Scott County within 60 days of
adoption. Proof of recording, along with the acknowledged City Assent Form, shall
be submitted to the Planning Department prior to any work on the site.
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 REQUIRED:
A motion and second to approve Resolution 07-01 PC approving the CUP, subject to the
listed conditions.
ATTACHMENTS:
1. Resolution 07-01 PC
2. Location Map
3. Applicant's Site Plan
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4
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 07-01 PC
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 March 26,
2007, to consider an application from Daniel and Michele Klamm to allow grading
and fill of more than 400 cubic yards on property located at 4130 140th Street NE,
legally described as follows:
The West 678.8 feet of the East 744.8 feet of the South 641.72 feet (as measured
along the South and East lines thereof) of the Southwest Quarter of the Southwest
Quarter (SW ~ of the SW ~) of Section 23, Township 115, Range 22, Scott
County, Minnesota.
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.
L:\07 FILES\07 CUP'S\Klamm\cup resolution DOC
www.cityofpriorlake.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
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.
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. 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.
No landscaping or tree preservation is required.
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.
3. The CUP is hereby approved, subject to the following conditions:
a. The Best Management Practices Notes must be included on the final plan.
b. The excavation must be done according to the plans stamped "Approved by the City
Engineer".
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Page 2
c. The applicant must contact the City Engineering Department for inspection of the work on the
site.
d. The applicant must record the approving resolution at Scott County within 60 days of
adoption. Proof of recording, along with the acknowledged City Assent Form, shall be
submitted to the Planning Department prior to any work on the site.
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
#EP07 -108 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 26th day of March, 2007.
ATTEST:
Vaughn Lemke, Commission Chair
Jane Kansier, Planning Director
L:I07 FILESI07 CUP'SIKlammlcup resolution DOC
Page 3
LOCA liON MAP
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Thia plan haa baen "evised uaing pae-t of the topoge-aphic
data developed in Ape-ll 1998 and contoue-e transcribed
fe-alii dats purcha..d trolD Sea t County January 9. 2006.
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, 2006.
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878.8
N B9.3~24"W
ROAD
NO. 42
N
SCALE
~
Denotes iron monulllent Bet. see note
Denotes iron monument found
-DP--O-- Denotes overhead power line
~"()?!lJ Denotes significut tree
----- Denote. right of liay line
NOTE :
2,,'1.OMQ1MlN~1oND
iDDfN'ICATIONDl&CIACT\W.S1ZI1
IUT AT AU JIOfIf1'S INrllCIiTED.
_IIEG.LAIClIUIIVlYOII.rou
PROPERTY DESCRIPTION
The Welt 678.8 teet of the Eut 744.8 feet of the
South 641.72 feet (a. meallured along the South
and Eaat linea thereat) of the Southwest Quarter
of the Southwest Quarter (SWl/4 of the SW1/of) of
Section 23, Township 115. Range 22, Scott
County. Minnesota.
. I' r'~ i Ir' I.] Dr I-I' i -":',-, COIIlputed yardage tor the f 111 depicted
II J. I I" II" 'j I. c" I ~ II. ..ounts to 46" yard. which inciud..
. '.. .-' '_, a 35\ shrink tactor.
III MAR. Ii ~ v."... J,,~""<Ii(~uiA'rJ.<r
i 2 ] 2007 )1
- i .. 'V"'S~D
~)c===-~=l RE . t:.'
PILL PLAII
I her';by certtty [hil[ [hh Burvey, plan or report
WII prep4lred by M or under .y direct ...pervldon
.line! [bat I PI . ~"lY Re.&hUr~ I;-nd Surveyor
~ Dr.CDUAVr:; I ANn lO:l lOVJ:VIN('; lNr