HomeMy WebLinkAbout09-099 Alternative School Interim UsePRI
O~_~~'~ ~~ `~
;t
ti ~=, ~ ~ ` ~ ~~ 4646 Dakota Street S.E.
U :_~~ ~ x ;i Prior Lake, MN 55372-1714
~I~ESO~P RESOLUTION 09-099
A RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW AN ALTERNATIVE SCHOOL
IN A C-2 (GENERAL BUSINESS) USE DISTRICT
Motion By: Millar Second By: Hedberg
WHEREAS, ISD #719 is requesting an Interim Use Permit to allow an Alternative School on a
property zoned C-2 (General Business) Use District at the following location, to wit;
15875 Franklin Trail SE, Prior Lake, MN 55372
That part of the East 140.00 feet of the Southwest %a of the Southwest %a of Section 36,
Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at
a point on the East line of said Southwest 1/3 of the Southwest %4 distant 778.78 feet
North of the Southeast corner thereof; thence Westerly parallel to the South line of said
Southwest %4 of the Southwest'/4 a distance of 140.00 feet to the West line of said East
140.00 feet; thence Southerly along said West line to the North line of the South
301.70 feet of said Southwest %4 of the Southwest %4; thence Easterly along said North
line to the East line of said Southwest % of the Southwest %4; thence Northerly along
said East line to the point of beginning, according to the United States Government
Survey thereof and situate in Scott County, Minnesota.
WHEREAS, The Planning Commission reviewed the application for an Interim Use Permit as
contained in Case File 09-120, and held a public hearing thereon on July 13, 2009; and
WHEREAS, The Planning Commission concluded the Interim Use Permit was consistent with the
criteria set forth in Section 1108.1100 of the Zoning Ordinance, and recommended
approval of the Interim Use Permit subject to conditions; and
WHEREAS, The City Council reviewed the application for an Interim Use Permit, the information
contained in Case File 09-120, and the criteria and conditions set out in the Interim Use
Permit.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council finds that the requested variance is consistent with the criteria set forth in Section
1108.1100 of the Zoning Ordinance, subject to conditions.
3. The City Council makes the following findings:
a) The City Council reviewed the application for the Interim Use Permit, and the information
contained in Case File 09-120.
a) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
• Two Objective 5, under the goal of Security, is to provide for conservation and protection of
the natural environment. The policies include providing adequate regulation to prevent the
www. cityofpriorlake. com
Phone 952.447.9800 /Fax 952.447.4245
development of endeavors which will create a hazard to the environment and to require
developers to retain the natural environment as much as possible. The project is anticipated
to stabilize channel banks, improve efficiency, plan for future conditions and improve the
aesthetics and wildlife habitat of the channel. The conditions set forth in this CUP address
environmental hazards and limit impacts to the existing wetlands.
b) The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
• Based on staff review, the proposed use will not be detrimental to the health, safety, morals
and general welfare of the community. The conditions of the approving resolution are
intended to ensure ongoing protection of the community.
c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Interim Use is located.
• The purpose of an Interim Use Permit is to permit certain uses, while generally not suitable
in a particular Zoning District, that under certain circumstances may be acceptable for a
prescribed period of time. The alternative school is an appropriate interim use for this site.
The site is directly adjacent to school property and is safe for pedestrian crossings.
d) The use will not have undue adverse impacts on governmental facilities, services, or
improvements, which are either existing or proposed.
• So long as all conditions of approval are adhered to the uses will not over burden municipal
facilities.
e) The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
• The Zoning Ordinance places conditions on alternative schools in the C-2 Use District to
protect adjacent uses. Provided all conditions are met, the use will not have undue adverse
impacts on the properties in close proximity.
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 site will be required to have an approved buffer yard along all lot lines that abut
residential sites. The applicant must submit a plan showing an increased berm height and
retaining wall along Wilds Path.
g) The use conforms to (is allowed in) the zoning district.
• An Alternative School is allowed in the C-2 Use District with the approval of an Interim Use
Permit.
h) The date or event that will terminate the use can be identified with certainty.
• The applicant states they anticipate "occupying the facility for at least the next 3 to 5 years
unless the district can find existing space within the current buildings in the next couple
years." As a condition of approval staff recommends the alternative school be allowed as
an interim use no longer than 5 years.
i) Permitting the use will not impose additional costs on the city if it is necessary for the
city to take the property in the future.
M:I000NCILIRESOLUTI12009109-099 Alternative School Interim Use.DOC
• It is not anticipated that the use will impose additional costs on the City if it is necessary for
the City to take control of the property in the future.
j) The permittee agrees in writing to any conditions that the City Council deems
appropriate for permission of the use.
• Prior to the legal recording of the interim use permit at the Scott County Offices, the
permittee will be required to agree in writing to any additional conditions that the City
Council deems appropriate for permission of the use.
k) 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 Planning Commission
and incorporated as part of the conditions imposed on the use by the Planning
Commission.
• The required site plans for the application were prepared by a professional architect.
I) 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
IUP approved by the City Council.
• No updated drainage and utility plans are required for the project.
m) The use is subject to such other additional conditions which the Planning Commission
or 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 Planning Commission or City Council
may impose restrictions and conditions on the IUP 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 IUP approved by the City Council.
• The Planning Commission and City Council may revise recommended conditions or attach
additional conditions, as they deem appropriate to protect the general welfare, public safety,
and neighborhood character.
4. The contents of Planning Case files #09-120 are hereby entered into and made a part of the public
record and the record of decision for this case.
5. Based upon the Findings set forth above, the City Council hereby approves the following Interim
Use Permit to allow for an Alternative School on a property zoned C-2 General Business), subject
to the conditions set out below in paragraph 7.
6. The Interim Use Permit is hereby approved on property legally described as follows:
That part of the East 140.00 feet of the Southwest %4 of the Southwest %4 of Section 36,
Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point
on the East line of said Southwest 1/3 of the Southwest %4 distant 778.78 feet North of the
Southeast corner thereof; thence Westerly parallel to the South line of said Southwest'/4 of the
Southwest %4 a distance of 140.00 feet to the West line of said East 140.00 feet; thence
Southerly along said West line to the North line of the South 301.70 feet of said Southwest %4
M:I000NCILIRESOLUTR2009109-099 Alternative School Interim Use.DOC
of the Southwest %4; thence Easterly along said North line to the East line of said Southwest
of the Southwest %4; thence Northerly along said East line to the point of beginning, according
to the United States Government Survey thereof and situate in Scott County, Minnesota.
7. The Interim Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days
after City Council approval.
b) All conditions listed in Section 1102.1104(1) of the Zoning Ordinance shall be met.
c) The alternative school use shall terminate on the site within 5 years.
d) Prior to the legal recording of the Interim Use Permit at the Scott County Offices, the permittee
will be required to agree in writing to any additional conditions that the City Council deems
appropriate for permission of the use.
e) In the event on-site parking is required for currently vacant commercial spaces the alternative
school shall be required to forgo the use of all on-site parking for students. In this case the
school district shall revise the transportation plan to utilize only off-site parking at Edgewood
School or by local shuttle or bus service.
PASSED AND ADOPTED THIS 20T" DAY OF JULY, 2009.
YES NO
Hau en X Hau en
Hedber X Hedber
Erickson X Erickson
LeMair X LeMair
Millar X Millar
t!~
Frank Boyl ity Manager
M:I000NCIURESOLUTI12009109-099 Alternative School Interim Use.DOC