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Home My WebLink About03-123 CONDITIONAL USE PERMIT RESOLUTION 03-123 APPROVING A CONDITIONAL USE PERMIT FOR A CLUSTER TOWNHOME DEVELOPMENT TO BE KNOWN AS "PRIOR LAKE POND ADDITION" MOTION BY: BLOMBERG SECOND BY: ZIESKA WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 23, 2003, to consider an application from Farmington Development for a cluster townhome development, which is a Conditional Use in the R-1 use district; and, WHEREAS, Notice of the public hearing on said Conditional Use Permit has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the Conditional Use Permit; and WHEREAS, The City Council considered the application for a Conditional Use Permit at its regular meeting on July 7, 2003; and . WHEREAS, The Planning Commission and City Council find the Conditional Use Permit in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, The Planning Commission and City Council find the proposed Conditional Use Permit is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to Conditional Use Permits, and further, that the proposed cluster townhome development meets the criteria for approval as contained in Section 1102.403 (1) of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: A. The recitals set forth above are incorporated herein. B. The City Council hereby adopts the following findings: (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The Comprehensive Plan seeks to provide opportunities for a variety of affordable high quality housing and maintain a choice of and encourage development of quality residential environments. The proposal is an 11 unit townhome development, which is consistent with the policy to "develop and maintain regulations that permit a mix of housing types, sizes and price ranges to be provided throughout the City." (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. r:\resoluti\planres\2003\03-123.doc Paae 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / ~Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER A cluster townhome development will not be detrimental to the health, safety, morals, and general welfare of the community, provided it complies with conditions of approval. (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. The subject site is zoned R-I. The purpose of the R-1 use district is to provide areas where the emphasis is on single family residential development and for other uses that are compatible with the overall Iow-density of these areas. The proposed units are attached single family dwellings, and the density is consistent with Iow-density development. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed townhome development will not have undue adverse impacts on services. As part of development approval, the applicant will be required to fund a right turn lane on CSAH 82. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. Attached single family dwellings will not have an undue adverse impact on the use and enjoyment of adjacent properties because the properties to the west and north are also attached single family units. (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 plans have been prepared under the supervision of a civil engineer registered in Minnesota. (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 under the supervision of a civil engineer registered in Minnesota. (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. The permit shall be subject to the conditions approved by the City Council. C. Section 1102.403 (1) lists the specific criteria for a cluster housing development in the R-1 district. These criteria are discussed below: (1) No more that four dwelling units are incorporated in a single building; The proposal includes 2, 4 unit buildings and 1, 3 unit building. r:\resoluti\planres~003\03-123.doc Page 2 (2) The density of development shall not exceed the density allowed in an "R-I" Single Family Residential Use District; The proposed density is 3.47 units per acre, which is consistent with the maximum density of 3.63 units permitted in the R-1 use district. (3) There shall be 600 square feet of usable open space for each dwelling unit. The plans do not indicate the amount of open space. Based upon the number of units, 6,600 square feet should be dedicated for open space. D. The Conditional Use Permit is hereby approved on the property legally described as follows: The West 593.80 feet of the South 28 rods of the North 72 rods of the Southeast Quarter of the Northeast Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota. Except that part described as follows: Beginning at the intersection of the west line of said Southeast Quarter of the Northeast Quarter and the south line of the north 728.00 feet of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of the North 89 degrees 29 minutes 24 seconds East, along said south line, a distance of 200.00 feet; thence South 37 degrees 51 minutes 36 seconds West, a distance of 318.86 feet, to said west line; thence North 00 degrees 59 minutes 06 seconds West, along said west line, a distance of 250.00 feet, to the point of beginning. E. The Conditional Use Permit for a cluster townhome development is hereby approved subject to the following conditions: 1. The Preliminary Plat for Prior Lake Pond Addition must be approved by the City Council. 2. Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official Conditional Use Permit record. The second set will be returned to the developer for their files. 3. The landscape plan shall be revised to include a minimum of 50 trees, in addition to proposed entry plantings, to satisfy minimum planting requirements in the Zoning Ordinance. Species should be appropriate for the site, based upon existing vegetation and the list of acceptable species included in the tree preservation ordinance. 4. The applicant shall demonstrate that 600 square feet of open space has been provided per unit. 5. All signage shall require a sign permit. A site plan shall be submitted for review prior to sign permit application, should signage placed within the drainage and utility easement. 6. The applicant shall submit homeowner association documents for review. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the cluster townhome development to be known as "Prior Lake Pond Addition." The contents of Planning Case Files #03-024 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 7th of July, 2003. YES NO Haugen X ~_ Haugen Blomberg . × Blomberg LeMair X LeMair Petersen X Petersen Zieska X 7_~ ska,~ ~ ~ {Seal} Frank Boyl~ ger r:\resoluti\planres\2003\O3-123.doc Page 3