HomeMy WebLinkAbout2021-11-23 CC Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date November 23rd,2021
Time Required: 5 Minutes
Agenda Item Title: LCI Landscapes-Land Reclamation& Grading- Conditional Use Permit- 5675
Newell Circle
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature /74—_
Action Requested Discussion, Possible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Scott Richards, City Planner
1. Planning Report—Dated November 10th, 2021
2. Approved Planning Commission Resolution—Unsigned
3. Proposed City Council Resolution.
Page 75 of 104
TPC3601 Thurston Avenue N,Suite 100 �,(j,„,
Anoka, MN 65303 Xaix
Phone: 783.231.5840
Facsimile: 763.427.0520
TPC@PianningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: November 10, 2021
RE: Oak Park Heights— Request for a Conditional Use Permit—Land
Reclamation and Grading Conditional Use Permit—5675 Newell
Circle
TPC FILE: 236.06—21.10
BACKGROUND
Tim O'Connor (Applicant) representing LCI Landscapes has made an application for a
Conditional Use Permit to allow for land reclamation and grading of over 25 cubic yards
of material per acre as part of construction of a boulder retaining wall at 5675 Newell
Circle. The Applicant has requested the Conditional Use Permit to comply with the
provisions of Ordinance 308 in that soil to be added to the site will consist of
approximately 40 cubic yards of material.
The property is zoned R-1 Single Family Residential District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Aerial Photo of Site
Exhibit 2: Grading/Drainage Plan
Exhibit 3: Report of the City Engineer— November 9, 2021
Exhibit 4: Site Pictures
PROJECT DESCRIPTION
The Applicant has applied for the Conditional Use Permit to allow for the addition of fill
and construction of the boulder retaining wall at the rear property line. Work on the
project has begun, and the Applicant provided the application when it was determined
that the permit would be required. Approximately 40 cubic yards of soil will be brought
into the site to provide a more level area in the back yard. The boulder wall will be
placed in the drainage and utility area that extends the length of the rear property line.
Ordinance 308 of the City Code indicates the following as it relates to land reclamation
and grading:
Page 76 of 104
308.08 Land Reclamation and Grading.
Within this Ordinance, land reclamation is the reclaiming of land by depositing or
moving materials so as to alter the grade. Land reclamation shall be permitted only by
Conditional Use Permit in all districts. Depositing a total of more than twenty-five (25)
cubic yards of material per acre, either by hauling in fill or re-grading the area, shall
constitute land reclamation. Land reclamation in all flood plains shall be in accordance
with the Flood Plain Ordinance. The permit shall include, as a condition thereof, a
finished grade plan which shall not adversely affect adjacent land, shall regulate the
type of material permitted, program for rodent control, plan for fire control, and general
maintenance of the site, controls for vehicular ingress and egress, drainage, and control
of materials disbursed from wind and/or hauling of material to and from the site.
The City Engineer has provided comments as found in Exhibit 3. He has indicated that
the wall and fill will not alter the overall existing drainage patterns. As proposed, the
wall will be two feet from the rear property line. He has recommended the wall be
placed no closer that three feet from the rear property line to keep the drainage path
clear and allow for easier maintenance between the wall and wood fence.
The boulder wall will be placed in the 10-foot drainage and utility easement. A condition
will be added to the permit related to damages, repairs, or additional improvements if
access is required by the City through the easement.
ISSUES ANALYSIS
Comprehensive Plan:
The property is designated as low density residential in the Comprehensive Land Use
Map. The request is consistent with the Comprehensive Plan policies related to low
density land use.
Zoning:
The property is zoned R-1 Single Family Residential District. There are no zoning
issues with this request, but Ordinance 308 of the City Code regulates water drainage
and land reclamation.
Conditional Use Permit Criteria:
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
4. Whether the use will tend to or actually depreciate the area in which it is proposed.
5. The impact on character of the surrounding area.
B. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the property.
2
Page 77 of 104
8. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained herein (i.e.,
parking, loading, noise, etc.).
Comment: The Planning Commission should comment if any of these criteria will be at
odds with the Conditional Use Permit proposed for the site. There will be no impact on
drainage with this proposal if the conditions of the City Engineer and Ordinance 308 are
are complied with. There should be no negative neighborhood issues with this request.
CONCLUSION/RECOMMENDATION
Upon review of the request for the Conditional Use Permit to allow for land reclamation
and grading of over 25 cubic yards of material per acre as part of construction of a
boulder retaining wall at 5675 Newell Circle, Staff recommends the application with the
following conditions:
1. The Owner and Applicant shall comply with all provisions of Chapter 308 of the
City Code.
2. All conditions of the City Engineer's letter dated November 9, 2021, shall be
complied with, including placement of the boulder wall no closer than three feet.
from the rear property line.
3. The Owner acknowledges that their project encroaches into existing public
drainage and utility easements and Owner is fully responsible for any damages,
repairs or encumbrances impacting such areas should these unreasonably
interfere with such easements. Further, the Owner acknowledges that the City is
not responsible for any damages or repairs to the Owner's improvements should
the City need to perform any maintenance or other actions deemed necessary for
public drainage or utility purposes in such areas.
4. The Owner and Applicant may not install underground stormwater piping
connecting eaves or roof downspouts to a point of discharge below the top grade
of the proposed rock wall. All stormwater structures and piping (including
downspouts) from such roof areas must be above grade, ensuring continued
overland drainage.
5. Any other conditions of the Planning Commission, City Council and City Staff.
3
Page 78 of 104
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enc 3
Stantec Consulting Services Inc.
Stantec 733 Marquette Avenue Sub 1000,Minneapolis MN 55402-2309
November 9,2021
File: 193801828
Attention: Mr.Eric Johnson
City of Oak Park Heights
14168 Oak park Boulevard
Oak Park Heights, MN 55082
Reference: 5676 Newell Circle-Proposed Boulder Retaining Wall
Dear Eric:
I have reviewed the boulder retaining wall proposed for the property at 5675 Newell Circle. The plan
indicates 5875 as the address number.
The proposed wall will not alter the overall existing drainage patterns. The plan shows the wall being
placed two-feet from the rear property line. I would recommend that the wall be placed no closer than
three-feet from the property line, in particular in the area of the existing fence that is on the adjacent
property to the rear. This will more effectively keep the drainage path clear and allow for easier
maintenance between the wall and the fence.
Please do not hesitate to contact me with any questions.
Regards,
az6rec Consulting Services Inc.
4-311
Lee M. Mann, Pi MN,WI,CA
Principal
Phone:612-712-2085
Lee.Mann@stentec.com
c. file
Scott Richards,City Planner
Julie Hultman, Building Official
Design with community in mind
Page 81 of 104
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Page 85 of 104
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY TIM O'CONNOR REPRESENTING LCI
LANDSCAPES FOR LAND RECLAMATION AND GRADING OF
OVER 25 CUBIC YARDS OF FILL MATERIAL AS PART OF
CONSTRUCTION OF A BOULDER RETAINING WALL AT 5675
NEWELL CIRCLE SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Tim O'Connor
representing LCI Landscapes to allow for land reclamation and grading of over 25 yards
of fill material per acre as part of construction of a boulder retaining wall at 5675 Newell
Circle; and after having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-1 Single Family Residential District and a single-
family home is constructed on the site; and
4. A Conditional Use Permit is required under Ordinance 308 for grading
and the addition of fill of over 25 cubic yards of material per acre. The Applicant has
indicated the amount of fill to be added to the site is 40 cubic yards; and
5. The Applicant is proposing a boulder wall at the rear of the property and
the soil to be added will provide a more level area in the back yard; and
Page 86 of 104
6. The City Engineer has indicated that the wall is to be placed in the
drainage and utility easement that extends the length of the rear property line and has
recommended the wall be placed no closer than three feet from the rear property line; and
7. City staff prepared a planning report dated November 10, 2021, reviewing
the request; and
8. Said report recommended approval of the Conditional Use Permit with the
conditions specified by the City Engineer;
9. The Planning Commission held a public hearing at their November 18,
2021, meeting, took comments from the applicants and public, closed the public hearing,
and made the following recommendation:
NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Tim O'Connor representing LCI Landscapes to
allow for land reclamation and grading of over 25 yards of fill material per acre as part of
construction of a boulder retaining wall at 5675 Newell Circle and affecting the real
property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights for approval with the following conditions:
1. The Owner and Applicant shall comply with all provisions of Chapter 308 of the
City Code.
2. All conditions of the City Engineer's letter dated November 9, 2021, shall be
complied with, including placement of the boulder wall no closer than three feet
from the rear property line.
3. The Owner acknowledges that their project encroaches into existing public
drainage and utility easements and Owner is fully responsible for any damages,
repairs or encumbrances impacting such areas should these unreasonably interfere
with such easements. Further, the Owner acknowledges that the City is not
responsible for any damages or repairs to the Owner's improvements should the
City need to perform any maintenance or other actions deemed necessary for
public drainage or utility purposes in such areas.
4. The Owner and Applicant may not install underground stormwater piping
connecting eaves or roof downspouts to a point of discharge below the top grade
of the proposed rock wall. All stormwater structures and piping (including
Page 87 of 104
downspouts) from such roof areas must be above grade, ensuring continued
overland drainage.
Recommended by the Planning Commission of the City of Oak Park Heights this
18th day of November 2021.
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
Page 88 of 104
ATTACHMENT A
tpflo
Conditional Use Permit
For
Land Reclamation & Grading
Per City Ordinance 308.08
With Regard to Rear Yard Landscaping
Washington County Property Identification Number: 05.029.20.23.0066
Legal Description: Lot 8, Block 1,Autumn Ridge 3rd Addition
Physical Address: 5675 Newell Circle N.
Page 89 of 104
ATTACHMENT B
Conditional Use Permit
For
Land Reclamation & Grading
Per City Ordinance 308.08
With Regard to Rear Yard Landscaping
5675 Newell Circle N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: November 18, 2021
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve(12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall he submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b
Page 90 of 104
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY TIM O'CONNOR REPRESENTING LCI
LANDSCAPES FOR LAND RECLAMATION AND GRADING OF
OVER 25 CUBIC YARDS OF FILL MATERIAL AS PART OF
CONSTRUCTION OF A BOULDER RETAINING WALL AT 5675
NEWELL CIRCLE BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Tim O'Connor
representing LCI Landscapes to allow for land reclamation and grading of over 25 yards
of fill material per acre as part of construction of a boulder retaining wall at 5675 Newell
Circle; and after having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights recommended the application with conditions. The
City Council of the City of Oak Park Heights makes the following findings of fact and
resolution
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-1 Single Family Residential District and a single-
family home is constructed on the site; and
4. A Conditional Use Permit is required under Ordinance 308 for grading
and the addition of fill of over 25 cubic yards of material per acre. The Applicant has
indicated the amount of fill to be added to the site is 40 cubic yards; and
5. The Applicant is proposing a boulder wall at the rear of the property and
the soil to be added will provide a more level area in the back yard; and
Page 91 of 104
6. The City Engineer has indicated that the wall is to be placed in the
drainage and utility easement that extends the length of the rear property line and has
recommended the wall be placed no closer than three feet from the rear property line; and
7. City staff prepared a planning report dated November 10, 2021, reviewing
the request; and
8. Said report recommended approval of the Conditional Use Permit with the
conditions specified by the City Engineer;
9. The Planning Commission held a public hearing at their November 18,
2021, meeting, took comments from the applicants and public, closed the public hearing,
and recommended the application with conditions.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Tim O'Connor representing LCI Landscapes to
allow for land reclamation and grading of over 25 yards of fill material per acre as part of
construction of a boulder retaining wall at 5675 Newell Circle and affecting the real
property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The Owner and Applicant shall comply with all provisions of Chapter 308 of the
City Code.
2. All conditions of the City Engineer's letter dated November 9, 2021, shall be
complied with, including placement of the boulder wall no closer than three feet
from the rear property line.
3. The Owner acknowledges that their project encroaches into existing public
drainage and utility easements and Owner is fully responsible for any damages,
repairs or encumbrances impacting such areas should these unreasonably interfere
with such easements. Further, the Owner acknowledges that the City is not
responsible for any damages or repairs to the Owner's improvements should the
City need to perform any maintenance or other actions deemed necessary for
public drainage or utility purposes in such areas.
4. The Owner and Applicant may not install underground stormwater piping
connecting eaves or roof downspouts to a point of discharge below the top grade
of the proposed rock wall. All stormwater structures and piping (including
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downspouts) from such roof areas must be above grade, ensuring continued
overland drainage.
Approved by the City Council of the City of Oak Park Heights this 23rd day of
November 2021.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
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ATTACHMENT A
Conditional Use Permit
For
Land Reclamation & Grading
Per Cite Ordinance 308.08
With Regard to Rear Yard Landscaping
Washington County Property Identification Number: 05.029.20.23.0066
Legal Description: Lot 8, Block 1, Autumn Ridge 3rd Addition
Physical Address: 5675 Newell Circle N.
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ATTACHMENT B
Conditional Use Permit
For
Land Reclamation & Grading
Per City Ordinance 308.08
With Regard to Rear Yard Landscaping
5675 Newell Circle N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: November 18,2021
Conditional Use Permit- Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve(12)months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty(30) days before the expiration of said approval.
(401.03.C.4.a and b)
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