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Home My WebLink About02-47 RESOLUTION 02-47 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL USES ON A SINGLE LOT IN THE R-1 ZONING DISTRICT ON THE PROPERTY AT 5690 CREDIT RIVER ROAD MOTION BY: ZIESKA SECOND BY: PETERSEN WHEREAS, The Prior Lake Planning Commission conducted a public hearing on March 11, 2002, to consider an application from the Prior Lake Baptist Church for a Conditional Use Permit (CUP) to allow two principal uses on a single lot in the R-1 Zoning District on the property located at 5690 Credit River Road and legally described as follows: That part of the East % of the Southeast Quarter of Section 1, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said Section 1; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast corner of said Section 1, a distance of 1251.72 feet; thence at right angles South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, said point being the actual point of beginning of the property to be described, thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet, thence bearing south a distance of 704.31 feet to the centerline of County State Aid Highway No. 12 (County Road No. 21); thence North 63 degrees 37 minutes 56 seconds West, along the centerline of said Highway No. 12, a distance of 566.47 feet to the East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1; thence North 0 degrees 49 minutes 11 seconds West, along said East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, a distance of 418.59 feet to the point of beginning. Subject to County State Aid Highway No. 12 (21) over the southwesterly 33 feet thereof. and WHEREAS, Notice of the public hearing on said CUP 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 proposed CUP; and WHEREAS, The City Council considered the application for a CUP on April 1, 2002; and r:\resoluti\planres\2002\02-47.doc Pa_ge 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / vax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER WHEREAS, The Planning Commission and City Council find the CUP 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 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 of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the goals of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." Objectives of this goal are to ensure the development of a broad range of educational and learning opportunities. This proposal is consistent with these goals. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare 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. The proposed addition will be consistent with the provisions of the Zoning Ordinance. In allowing this CUP, the impervious surface on the site will not exceed 30% of the lot area. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The only uses in close proximity to this site are industrial uses and vacant land. The existing single family dwelling will be under the control of the Church, and will not have an adverse impact on the nearby properties. 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. The proposed addition must be approved under the site plan approval process. This process will ensure that all requirements of the Zoning Ordinance are met. r:\resoluti\planres~2002\O2-47.doc Page 2 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 site plans have been prepared under the supervision of 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 Conditional Use Permit is hereby approved on the property legally described as follows: That part of the East % of the Southeast Quarter of Section 1, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said Section 1; thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast corner of said Section 1, a distance of 1251.72 feet; thence at right angles South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, said point being the actual point of beginning of the property to be described, thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet, thence bearing south a distance of 704.31 feet to the centerline of County State Aid Highway No. 12 (County Road No. 21); thence North 63 degrees 37 minutes 56 seconds West, along the centerline of said Highway No. 12, a distance of 566.47 feet to the East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1; thence North 0 degrees 49 minutes 11 seconds West, along said East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, a distance of 418.59 feet to the point of beginning. Subject to County State Aid Highway No. 12 (21) over the southwesterly 33 feet thereof. 4. The Conditional Use Permit is hereby approved subject to the following conditions: a. Staff must approve the site plan for the church addition before the resolution approving the CUP is recorded. b. The applicant must file an application to combine the lots for City approval. Passed and adopted this 1st day of April, 2002. r:\resoluti\planresX2002\O2-47.doc Page 3 YES NO Haugen X Haugen Vacant Vacant Gundlach Absent Gundlach Absent Petersen X Petersen Zieska X Zieska r:\resoluti\planres\2002\O2-47.doc Page 4