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HomeMy WebLinkAbout02-133 RESOLUTION 02-133 A RESOLUTION.APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTICS SCHOOL IN THE C-5 ZONING DISTRICT ON THE PROPERTY AT 5500 COTTONWOOD LANE MOTION BY: PETERSEN SECOND BY: LEMAIR WHEREAS, The Prior Lake Planning Commission conducted a public hearing on August 26, 2002, to consider an application from the Larry Gleason for a Conditional Use Permit (CUP) to allow a gymnastics school in the C-5 Zoning District on the property located at 5500 Cottonwood Lane and legally described as follows: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as £ollows: Commencing at the Northeasterly comer of said Lot 1, Block 1, thence North 62°52'03'' West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance of 309.07 feet to the point of beginning of the land to be described; thence continuing North 62°52'03'' West a distance of 369.75 feet; thence South 31°35'50" West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54° 14'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59°45'56" East a distance of 76.00 feet; thence North 29°45'56'' East a distance of 64.00 feet; thence Northwesterly a distance of 98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. 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 September 3, 2002; and 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. l:\02files\02cup\02-085 gleason\cc resolution.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 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 objectives of the Comprehensive Plan is to "encourage of diversified economic base and a broad range of employment opportunities." Furthermore, a goal of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." The proposed use is consistent with the objectives and goals of the Comprehensive Plan. 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. The use complies with the standards in the Zoning Ordinance as they pertain to parking and separation from loading zones. 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 school is consistent with applicable provisions of the Zoning Ordinance and intent of the C-5 (Business Park) use district, which is to promote high standards of design and construction for business park uses in the City. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed gymnastics school has adequate public facilities available, including streets and utilities. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have an undue adverse impact on adjacent uses, provided the standards in the Zoning Ordinance are complied with and all conditions of approval are met. 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. Not applicable in this case. Site alteration is not proposed with this request. 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. Not applicable in this case. Utilities are currently in place for the 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 l:\02files\02cup\02-085 gleason\cc resolution.doc Page 2 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 proposed use will have to proceed through the building permit approval process, which will ensure that all requirements of the Zoning Ordinance and Building code are met. 3. The Conditional Use Permit is hereby approved on the property legally described as follows: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly corner of said Lot 1, Block 1, thence North 62°52'03'' West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance of 309.07 feet to the point of beginning of the land to be described; thence continuing North 62°52'03'' West a distance of 369.75 feet; thence South 31°35'50" West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54° 14'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33°45'56" East a distance of 155.00 feet; thence North 59°45 '56" East a distance of 76.00 feet; thence North 29°45'56" East a distance of 64.00 feet; thence Northwesterly a distance of 98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. 4. The Conditional Use Permit is hereby approved subject to the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof of recording of the permit has been submitted to the City. 2. The gynmastics school shall be limited to 5,000 square feet in floor area. 3. A nongated permainent separation at least six (6) feet in height shall separate the gymnastics school from the warehouse space. 4. Twenty parking spaces shall be designated for the gynmastics school. 5. Signage shall be installed that identifies the loading/unloading area and designated parking stalls. Passed and adopted this 3rd day of September, 2002. YES NO Haugen X Haugen Vacant X Vacant Gundlach X Gundlach Petersen X Petersen Zieska X Zieska ~ / {Seal} Frank Boy~~ l:\02files\02cup\02-085 gleason\cc resolution.doc Page 3