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HomeMy WebLinkAbout4C Fish Point Park CUP ©� PRI0+P Aw FW ow U �" 4646 Dakota Street SE Prior Lake,NW 55372 �vrv�so�t PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 5, 2015 AGENDA #: 4C PREPARED BY: PETE YOUNG, WATER RESOURCES ENGINEER PRESENTED BY: PETE YOUNG PUBLIC HEARING: YES AGENDA ITEM: PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO AL- LOW GRADING IN EXCESS OF 400 CUBIC YARDS AT FISH POINT PARK, 15111 FISH POINT ROAD DISCUSSION: Introduction The Prior Lake-Spring Lake Watershed District(PLSLWD) has applied for a con- ditional use permit to allow site grading on City-owned property located at 15111 Fish Point Road (Fish Point Park). The purpose of the project is to improve water the quality of Prior Lake. The project calls for the export of 2,100 cubic yards of fill from the site. Another 400 cubic yards of fill will be excavated at the site and moved to a different location within the site. A total of 2,500 cubic yards of fill will be moved. History Fish Point Park was dedicated to the City with the Shangri-La plat in 1978. Stormwater improvements were made in the 1980s that included adding an earthen berm to hold back water before it flows to Prior Lake. A corrugated metal pipe through the earthen berm has failed, causing erosion in this area. The earthen berm is no longer functioning as intended. A 2013 lake diagnostic study, conducted by the PLSLWD, identified the Fish Point Park area as a po- tential location for water quality improvement projects targeting phosphorus. Phosphorus is the limiting nutrient in Minnesota lakes and keeping it out of Lower Prior Lake is key to keeping this lake off the state impaired waters list. The PLSLWD and City of Prior Lake worked together on a grant application to fund a water quality improvement project at Fish Point Park. The Minnesota Pollution Control Agency (MPCA) approved funding the project as part of the State's Clean Water Partnership Grant Fund. Current Circumstances The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations, and a description of the pro- posed project. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The park property is 8.1 acres with a project impact area of approximately 1.25 acres. Topography: The proposed project site is situated at the low point of an 85- acre drainage area. Much of Fish Point Park contains steep slopes. Vegetation: Most of Fish Point Park is heavily wooded. The project area con- tains many ash trees which will be removed as part of the project. Emerald Ash Borer (EAB) was recently found in close proximity to this park; the majority of these trees would likely die anyway as a result of EAB over the next few years. There is a playground and some open turf grass adjacent to the project area. Wetlands: A wetland delineation was performed at the site in 2014. Although the site displays wetland characteristics, the area is not considered a wetland under the Wetland Conservation Act (WCA). All of the area delineated as wet- land at the site was created by the berm installed in the 1980s and is considered incidental, and therefore not protected under WCA. The Corps of Engineers is- sued a letter in support of this position. The project will create new wetland areas at the site that will be of much higher quality than the existing area behind the earthen berm. Water Quality Project Elements: The project includes four elements: restoring and enhancing the delineated wetland area, installing a water level control struc- ture to slow down the water before it can enter Prior Lake, retrofitting an existing ditch section with an in-line Iron Enhanced Sand Filter (IESF) to target the dis- solved phosphorus in the water, and restoring a portion of the adjacent area to native prairie plants. Access: There is no road access to the site. Several trails exist to facilitate pedestrian traffic. Construction access to the project area will be limited to the trail connection at Fish Point Road. Construction Traffic and Parking: Construction traffic will be limited to Fish Point Road, with direct routing to Highway 13; no construction traffic will be al- lowed on other neighborhood streets. All vehicles associated with project con- struction will be required to park on only one side of Fish Point Road, or inside the construction staging area within the Park. 2030 Comprehensive Plan Designation: This property is designated as park land on the 2030 Comprehensive Plan Land Use Map. Zoning: The site area is zoned R-1 SD. Under Section 1101.509 (2) of the Zoning Ordinance, grading involving the placement of over 400 cubic yards of fill shall be permitted by CUP. Details re- garding the excavation project may include, but is not limited to, site plans which show the finished grade of the land after the excavation has been com- pleted, the type of material to be extracted from the land, general 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 graded and the contractor performing the grading work which will prevent dam- age to the community and adjacent land owners during the course of construction. Those conditions may impose restrictions in all areas affecting the grading, and the City may require a Letter of Credit to insure the performance of the conditions im- posed 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. Conclusions This project has the full support of the City's Public Works Department. The PLSLWD and City are working jointly to implement the project. The project team held a neighborhood meeting on July 15, 2015 to review concept plans with residents, and we have incorporated their comments and suggestions into the plans. The residents who attended were in full support of the project. A draft approval resolution accompanies this report. If the conditional use permit is approved, staff recommends it be subject to the following conditions: 1. The grading, filling, and material removal must be done according to plans stamped approved by the City Public Works Department. 2. 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. 3. The resolution shall be recorded for the Conditional Use Permit at Scott County no later than 60 days after approval. 4. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. 5. The CUP is valid for one year for grading and filling, but is revocable at any time for noncompliance with any condition contained herein. At the expira- tion 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. 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 and sediment control and adequate stormwater 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. The use will not have adverse impacts on governmental facilities. The project will enhance Fish Point Park and will include an educational component relating to water quality. (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 and sedi- ment 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. 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. ALTERNATIVES: 1. Motion and second to approve the CUP subject to the above conditions. 2. Motion and a second to table this item to a specific date, 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 Alternative #1 MOTION: EXHIBITS: 1. Draft Resolution 15-XXPC 2. Location map 3. Engineering plans dated September 14, 2015 4. PLSLWD project fact sheet ©� FRIO U 4646 Dakota Street SE 'i' .N_E-9 Prior Lake, MN 55372 RESOLUTION 15-XXPC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING IN EXCESS OF 400 CUBIC YARDS AT FISH POINT PARK, 15111 FISH POINT ROAD Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on October 5, 2015, to consider a request from the Prior Lake-Spring Lake Watershed District (PLSLWD) to approve a Conditional Use Permit(CUP)to allow grading in excess of 400 cubic yards at the following property: 15111 Fish Point Road (PID 25-165-088-0) Legal Description: PARK, SHANGRI-LA, Scott County, Minnesota, according to the recorded plat thereof. 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. 1 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. The project will enhance Fish Point Park and will include an educational component relating to water quality. 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 and sediment 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 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. 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 Public Works Department. 2 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 resolution shall be recorded the Conditional Use Permit at Scott County no later than 60 days after approval. d. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. e. The CUP is valid for one year for grading and filling, 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. PASSED AND ADOPTED THIS 5T" DAY OF OCTOBER, 2015. VOTE Blahnik Fleming Larson Peterson Aye ❑ ❑ ❑ ❑ Wade Larson,Commission Chair Nay ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ATTEST: Abstain ❑ ❑ ❑ ❑ Dan Rogness,Community&Economic Development Director 3 Fish Point Park Stormwater BMPs M SFA N'ES # � w [NOTE: City parcels shown in pink] - - f' 0 50 loo 200 04/i8/14 I Feet p , o kF ✓ A _^416 n, � -. A4� ` AW, 6 • i AMR Y • • • • • • d , Y Y s °± i 9� n ' . i This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used �. ,. as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. 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DESIGNBY DRAWNBY 651 Hale Avenue North WATERSHED DISTRICT GRADING AND DRAINAGE PLAN 2 of 2 09.02.2015 DRL FINAL PLAN SET �C\ .,,(\,_ DRL DRL w B 1 0 F Oakdale, MN 55128 1 08.28.2015 DRL 90%FINAL PLAN-NOT FOR CONSTRUCTION -0-- 1 4`VW) e C o I o 4646 DAKOTA ST SE PRIOR LAKE,SCOTT COUNTY,MN mn ER LASH EOR PROJECT NO. 9 Y Tele: 651,770.8448 _ nod NO DATE BY REVISION D 09-14-20 5 LICENSE#45156 00758-0091 community www,e o r I n C.Com PRIOR LAKE,MN 55372 SHEET 06 OF 14 SHEETS STATE PROJECT NO. CITY PROJECT NO. CONTRACTOR TO IMPLEMENT TEMPORARY I-------I PONDING MEASURES PER THE NPDES PERMIT, / { AT A MINIMUM TO INCLUDE SKIMMING TYPE OUTLET STRUCTURES SUCH AS HICKENSOTTOM FILTERS OR FAIRCLOTH SKIMMER.CONSIDERED ( INCIDENTAL TO THE CONTRACT.(TYP.) I / / ` BCY CLASS 3 RIPRAP& I' 0.07 AC GEOTEXTILE PER MNDOT UPLAND TURF STD.DETAIL 3133D SITE RESTORATION, I SEED MIX 25-131(TYP.) •. 40 LF CHILTON LIMESTONE STEPPERS LEVEL SPREADER _ (TYP.) \ ----/ O�O�O--_—\ ---SEE DETAIL I3 O O O 00000 00 0 0 0000 0 0 O O 0 Op / V.wheNsbelow. �/� /i o 000 / 10811 before you dig. \ "\ 0.20 AC SITE 7� NATIVE CONSTRUCTION \� O SITE RESTORATION, \ \ SEED MIX 32-241(TYP.) \ Q O O \ O O ► N pp CONSTRUCTION /� •. �' ENTRANCE OFF /� 909 FISH POINT ROAD 8CY CLASS 3 RIPRAP 8 /♦ .• •,_ +� \�\ ---" 9 GEOTEXTILE PER MNDOT /♦ •y"• —•-�• \\ STD.DETAIL 3133D ♦ %' ,\ ,\Op 0.28 AC /•• _ 1 INLET PROTECTION(TYP.) SITUPLAND TURF E RESTORATION, •••• �• ```9pS ••••••• I SEED MIX 25-131(TYP.) - '23 •••' 1 1400 LF \ �•• 9p2?3 1 FIBER LOG, PERIMETER CONTROL(TYP.) 1 1 0.34 AC UPLAND TURF \ ` •� J•1 1 SITE RESTORATION, \\• �.� •;I 1 1 SEED MIX 25.131(TYP.) 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LLi 3 ai s 3�w 6 I HEREBY CERTIFY THAT THIS PIAN,SPECIFICATION,OR REPORT SUBMISSION DATE: E r1T In O n S & D I I V l e r 5 WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND 09-14-2015 SO � PRIOR LAKE-SPRING LAKE FISH POINT PARK r 4 THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER Resources, Inc. WATER QUALITY IMPROVEMENTS EROSION&SEDIMENT CONTROL Q i<o 3 09.14.2015 DRL BID PACKAGE THE LAWS OF THE STATE OF MINNESOTA. DESIGN BY DRAWN BY 651 Hale Avenue North WATERSHED DISTRICT AND RESTORATION PLAN 'EA 2 09.02.2015 DRL FINALPLANSET DRL DRL W e I e r Oakdale, MN 55128 r3Y Tele: 651.770.8448 4646 DAKOTA ST SE mo 1 08.28.2015 DRL -5-0—Y FINAL PLAN-NOT FOR CONSTRUCTION e C 0 1 0 PRIOR LAKE,SCOTT COUNTY,MN _ o w �EERR LASH EOR PROJECT NO. PRIOR LAKE,MN 55372 SHEET 08 OF 14 SHEETS :o NO DATE BY REVISION DATE: 09-14-20 5 LICENSE#45156 00758-0091 community WWW.e O r I n C.0 0 m a aBc STATE PROJECT NO. CITY PROJECT NO. PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT Lower Prior Lake Protection Project Lower Prior Lake is an important recreational and ecological resource with a public boat landing and swimming beach, good water quality, and a healthy fish and aquatic plant community, but there is an unseen threat to the health and vitality of these waters. Although Lower Prior Lake currently meets water quality standards, degraded water quality is of a concern in late summer when algae blooms become prevalent and the lake has the potential to degrade over time due to continued untreated stormwater coming into the lake. In addition, Lower Prior Lake is located downstream of two other impaired lakes identified by the Minnesota Pollution Control Agency (MPCA): Spring Lake and Upper Prior Lake. In 2013, the Prior Lake-Spring Lake Watershed District (PLSLWD) completed a diagnostic study that concluded that while the water quality of the upper bay of Lower Prior Lake is strongly influenced by the water quality of Upper Prior Lake, the water quality of the rest of Lower Prior Lake is more strongly influenced by phosphorus loading from the watershed. Therefore, the Lower Prior Lake Protection Project is focused on keeping Lower Prior Lake off of the MPCA's list of impaired waters by installing best management practices in the watershed. Based on input from PLSLWD Board of Managers, PLSLWD Citizen Advisory Committee (CAC), the City of Prior Lake, Prior Lake Association, and lake residents, a balanced mix of BMPs (pond expansions and large infiltration areas) and watershed-wide private projects (buffers and rain gardens)were selected as the primary components of the implementation plan to maintain or improve water quality in Lower Prior Lake with a strong emphasis on education programs. Many of the selected BMPs are located in the City of Prior Lake, and the City is partnering with the PLSLWD on the projects that fall within the City boundaries. Funding for the Lower Prior Lake Protection Project is provided in part by the Minnesota Pollution Control Agency through a Grant from the State's Clean Water Partnership Grant Fund. Fish Point Park Water Resources Improvements Project As one of the projects identified in the Lower Prior Lake Protection Project, the Fish Point Park Water Resources Improvements Project combines the efforts of both PLSLWD and the City of Prior Lake to reach the water quality goal in this subwatershed. Partially funded by a grant from the Clean Water Fund through the Board of Soil &Water Resources,the Fish Point Park Water Resources Improvements Project aims to reduce erosion and treat incoming stormwater before it reaches the lake. The proposed 4646 Dakota Street SE, Prior Lake, MN 55372 •(952)447-4166 (phone) (952)447-4167 (fax) •www.plslwd.org •info@plslwd.org project includes four elements: restoring an upstream wetland, installing a water level control structure to slow down the water, retrofitting an existing ditch section with in-line iron-sand filters, and restoring a portion of the surrounding upland to prairie.These four BMPs work together to enhance their collective effectiveness, making the overall project benefits greater than the sum of the benefit provided by each part. PLSLWD hosted a neighborhood meeting to discuss the upcoming project on July 15`h of this year. The neighbors that attended were in full support of the project and their comments and suggestions were incorporated into the water resource improvement plans for the park. The enclosed map provides more information about the features that will be installed and how they will help PLSLWD achieve its goals. s x J 1. Photos of Neighborhood Meeting at Fish Point Park held on July 15th,2015 4646 Dakota Street SE, Prior Lake, MN 55372 • (952)447-4166 (phone) (952)447-4167 (fax) •www.plslwd.org •info@plslwd.org :',f ncad 1.. '^e ,calk.The II,�•i will �I-=. mill treat nCCi, 'i watl'l 'Il:,I,�w. , stormwater bcI., Eirrio Sand R reaches the Isla Filter'V.i lurther treatment JAIF1?0N-eNHAl SAND FILTER WETLAND OUTLET STRUCTURE Turf a reas w.. Open water adjacent to the will be a nearly wetland and open continuous water will be presence in the re-seeded with a central portion of native grass and the park in order perennial mix.This to more effectively will reduce erosion treat storrrnxater and decrease runoff via detention pollutant discharge and subsequent into the water filtration through treatment system. the Iran-Enhanced Sand Filter ONATIVE PRAIRIE PLANTING D WETLAND ENHANCEMENT+NATIVE PLANTING FLUWS`0 + 4 pRIaR L:r.i 1 t; S � A B D - , f �eGswo r.. '`r'"l '1 � park boundary Iron&sard fiker C=J rrariva pra'rie seed'ng �M 0 wetland stream parktrall .-...,.starmwarer pipes �- ---educationaltrail Q outlet strhfture If you have any questloms, Tease coritact Maggie 952-447-9808 Fish P o i n Park 5(p ► M►t�h �.. waaia�ti; WA1. 4646 Dakota Street SE, Prior Lake, MN 55372 • (952)4474166 (phone) (952)4474167 (fax)9 www.plslwd.org 9 info@plslwd.org