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HomeMy WebLinkAbout02-118 CONDITIONAL USE PERMIT RESOLUTION 02-118 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 49-UNIT MULTI- FAMILY RESIDENTIAL BUILDING TO BE KNOWN AS "BLUFF HEIGHTS APARTMENTS" MOTION BY: ZIESKA SECOND BY: PETERSEN WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 13, 2002, to consider an application from Bluff Heights Apartments, Limited Partnership for a Conditional Use Permit (CUP) for a 49-unit multi-family dwelling to be known as Bluff Heights Apartments; and WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Prior Lake Planning Commission continued the public hearing to June 10, 2002; 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 of Bluff Heights Apartments; and WHEREAS, The Planning Commission recommended the City Council approve the CUP with specific conditions; and WHEREAS, The City Council considered the CUP application for Bluff Heights Apartments at its regular meeting on July 15, 2002; and WHEREAS, The City Council finds the CUP for Bluff Heights Apartments in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, The City Council 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 Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: r:~resoluti\planres~2002\02-118.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1. The recitals set forth above are incorporated herein. 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. The applicable goals and objectives of the Comprehensive Plan include the following: Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Page 101 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. Similar type communities are expected to maintain 25-30% of the housing stock in apartments or multi-family dwellings. Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. 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 use requires a CUP within the zoning district. The property is zoned R-4 Multi- family residential. The proposed site layout complies with most requirements and performance standards of the Zoning District. Minor changes to the landscaping plan and lighting plan are still required. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. 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 is located adjacent to a public street and a townhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. The landscaping and other improvements will mitigate any impact on the adjacent property. 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. r:Xresoluti\planresX2002\02-118.doc Page 2 A civil engineer has prepared the plans. As noted above, with some modifications to the landscaping and lighting plans, the plans meet all requirements of the Zoning Ordinance. The landscape plan must be prepared and signed by a registered landscape architect. 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 Conditional Use Permit approved by the City Council. The plans have been prepared by a civil engineer and reviewed by the City Engineering Department. Some modifications to the drainage and grading plans are required to meet City design standards; these changes will be made and reviewed by the City prior to approval of the building permit for this site. 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 Conditional Use Permit 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 Conditional Use Permit approved by the City Council. Some revisions to the landscaping and lighting plan are required before approval of the building permit. These can be addressed through conditions imposed as part of this resolution. 3. Section 1102.703 (1) lists the specific criteria for a multi-family residential dwelling in the R- 4 district. These criteria are discussed below: a) Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The only access to this property is from Franklin Trail, which is classified as a minor collector street. b) Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. Forty-nine dwelling units are proposed requiring 19,600 square feet of usable open space. The site plan indicates 43,145 square feet located to the rear of the building. c) The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there is only one building proposed. d) Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there is only one building proposed. r:Xresoluti\planresX2002\02-118.doc Page 3 e) All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. There is no internal building setback because of the garage doors at the lower level of the building. The ordinance did not anticipate this type of building design. A single entrance to a lower level parking area is not required to meet this setback, so the individual doors probably are also excluded from this requirement. f) No portion of the required 20-foot road system may be used to satisfy the off-street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. 4. The Conditional Use Permit is hereby approved on the property legally described as follows: Lots 1 and 2, Block 1, BLUFF HEIGHTS ADDITION, according to the recorded plat thereof, Scott County, Minnesota. 5. The Conditional Use Permit is hereby approved subject to the following conditions: a) Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. b) The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. c) The landscaping plan must be revised to include 2 additional trees. d) The applicant must provide an irrigation plan with the building permit. e) The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. f) The applicant must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. g) The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. The documents must be in a form acceptable to the City Attorney. h) All issues identified in the memorandum from the Engineering Department, dated March 20, 2002 and prepared by Sue McDermott, City Engineer, the memorandum from WSB and Associates, dated June 20, 2002 and prepared by John Mackiewicz, and the memorandum from the Building Department, dated March 20, 2002 and prepared by Robert Hutchins, Building Official, must be reviewed by the Engineering and the Building Department and any required changes made to the site plan prior to issuance of a building permit. i) 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 CUP record. The second set will be returned to the developer for their files. rAresoluti\planresX2002\02-118.doc Page 4 CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the multi-family dwelling to be known as Bluff Heights Apartments. The contents of Planning Case Files #02-026 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 15th day of July, 2002. YES NO Haugen X Haugen Gundlach X Gundlach LeMair X LeMair Petersen X Petersen Zieska X ~ {Seal} City Manager, City of Prior Lake r:h'esoluti\planres~002\02-118.doc Page 5