3A - Conditional Use Application for Grading in Excess of 100 Cubic Yards

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COMMUNITYGROWTH of 1 N S T 1 T U T E PQuott_ Gaperd in Small Triwn Plounit;g Uk, Staff Findings:The Staff provides the following findings of fact for consideration: 1. The applicant is proposing to grade an area outside the shoreland and is requesting removal of approximately 19,00o cubic yards which requires a conditional use permit. 2. The applicant indicated that the piled top soil has already been covered by vegetation. 3. The applicant indicated that the area will be seeded. 4. The applicant has some erosion control methods in place but it is unknown what those are.The MPCA has been monitoring the location and the site is currently in compliance with them. 5. The property does not contain any steep slopes. 6. The property does not contain any bluffs. 7. The subject property is not located within the shoreland or near any bodies of water. 8. The applicant is not proposing to alter any topography. 9. The applicant indicated that all of the disturbed areas have been covered with topsoil and will be seeded. The applicant did not indicate if areas subject to concentrated runoff or areas having a steeper than 3:1 slope have been sodded, planted with appropriate deep-rooted vegetation, or protected with an appropriate mulch cover as directed by the City Engineer. 10. Grading in excess of 500 cubic yards outside the shoreland requires a conditional use permit. 11. The Comprehensive Plan does not indicate if the use is an appropriate conditional use in the Agriculture Zone. 12. The proposed use, with conditions, would be compatible with the existing neighborhood. The adjoining properties are zoned Forest Management, Rural Residential and Shoreline Residential. 13. The proposed use will not be injurious to the use and enjoyment of other properties in the immediate vicinity. 14. The proposed use, with conditions regarding assessments, will not impede the normal and orderly development and improvement of surrounding vacant properties. 15. The proposed use would not be detrimental to the economic welfare of the community. 16. The property will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. 17. Adequate measures have been taken to provide sufficient loading space to serve the proposed use. 18. The proposed use will not create any offensive odors, fumes, dust, noise, or vibration.There is not any lighting proposed. 19. There are not any known sites of historic or natural significance on this site. 20.There is no indication that the proposed use will cause any pollution to ground or surface waters. Planning Commission Direction: The Planning Commission can approve of the conditional use permit, deny the application, or table the request if additional information is needed. If the motion is for approval or denial, findings of fact should be cited. Pequot Lakes Staff Report 31b)-3 June i8,2009