HomeMy WebLinkAbout03-162 RESOLUTION 03-162
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION ON
PROPERTY LOCATED ON THE NORTH SIDE OF CSAH 82, WEST SIDE OF CSAH 83, AND WEST OF
MYSTIC LAKE CASINO IN SECTIONS 28, 29, 32 AND 33, TOWNSHIP 115, RANGE 22, SCOTT COUNTY,
MINNESOTA
MOTION BY: LEMAIR SECOND BY: BLOMBERG
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on September 8, 2003, to
consider an application from Shakopee Mdewakanton Sioux Community for a Conditional Use
Permit (CUP) to allow grading and excavation on the property legally described as follows:
S ~ of Section 28, S ~ of Section 29, N % of Section 32, and N ~ of Section 33, Township 115,
Range 22, 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 apl 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 15, 2003; 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
fudher, 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. It hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
One goal of the 2020 Comprehensive Plan is to "create an environment in which all citizens have the
opportunity to develop their full potential." An objective set forth to achieve the goal is "promote leisure time
opportunities and experiences that are rewarding for the individual and families." A golf course provides
leisure opportunities, and is thus consistent with this goal 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.
The redevelopment of this site as a golf course will not be detrimental to the health, safety, morals and general
welfare of the community, provided all conditions of approval are met.
c. The uae is consistent with the intent and purpose of the Zoning Ordinance and the Use District in
which the Conditional Use is located.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
r:\resoluti\planresL2003\03 - 162.doc AN EQUAL OPPORTUN[TY EMPLOYER Page ]
The Zoning Ordinance intends to "promote the most appropriate and orderly development of the residential,
business, industrial, public land, andpublic areas." Since municipal utilities will not be available to this site, a
golf course is the most appropriate use of the property at this time.
d. The use will not have undue adverse impacts on governmental facilities, services, or improvements
which are either existing or proposed.
The grading of the site will not have adverse impacts on governmental facilifies, services or improvements.
During excavation and filling, the applicant will be responsible for maintaining the condition of the adjacent
roads.
e. The usa will not have undue adverse impacts on the use and enjoyment of properties in close
proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity,
provided all conditions of approval are met. During the filling and excavation of the golf course, the applicant
will be responsible for maintaining the condition of the adjacent roads and implementing appropriate erosion
control measures to protect against off-site impacts.
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.
A registered landscape architect prepared the site and landscape plan.
g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in
the State of I~linnesota 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.
A civil engineer prepared the drainage and utility plans.
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. Furthermore, the City Council may add conditions that are necessary to protect
public safety and neighborhood character.
3. The Conditional Use Permit is hereby approved on the property legally described as follows:
The South ~ of the Southwest ¼ of Section 28, Township 115, Range 22.
And
That part of the South Half of the Southeast Quarter of Section 29, Township 115, Range 22, Scott County,
Minnesota described as follows:
Commencing at the southeast corner of said South Half of the Southeast Quarter; thence South 89 degrees
55 minutes 00 seconds West assumed bearing along the south line of said Southeast Quarter a distance of
927.34 feet to the southwest corner of Registered Land Survey No. 152, Scott County, Minnesota the point
of beginning of the land to be described; thence continuing South 89 degrees 55 minutes 00 seconds West
along said south line a distance of 642.14 feet; thence North 00 degrees 45 minutes 00 seconds West a
distance of 690.97 feet; thence South 89 degrees 49 minutes 00 seconds East a distance of 647.77 feet
more or less to the west line of said Registered Land Survey No. 152; thence southerly along said west line
a distance of 687.91 feet to the point of beginning.
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And
That part of the North Half of the Northeast Quarter of Section 32, Township 115, Range 22, Scott County,
Minnesota and that part of Government Lots 2 and 3, of said Section 32, described as follows:
Commencing at the nodheast corner of said North Half of the Northeast Quarter; thence South 89 degrees
55 minutes 00 eeconds West assumed bearing along the north line of said Northeast Quarter a distance of
912.67 feet to the northwest corner of Registered Land Survey No. 153, Scott County, Minnesota, the point
of beginning of the land to be described; thence South 00 degrees 30 minutes 02 seconds East along the
west line of said Registered Land Survey No. 153, a distance of 1335.36 feet to the south line of said North
Half of the Northeast Quarter; thence North 89 degrees 56 minutes 58 seconds West along said south line
the same being a north line of said Registered Land Survey, a distance of 55.13 feet of the west line of said
Registered Land Survey No. 153; thence South 00 degrees 31 minutes 00 seconds East along said west
line a distance of 187.39 feet; thence North 89 degrees 50 minutes 55 seconds West a distance of 50.00
feet; thence North 00 degrees 31 minutes 00 seconds East a distance of 90.00 feet; thence North 89
degrees 50 minutes 55 seconds West a distance of 342.70 feet; thence North 03 degrees 51 minutes 02
seconds West a distance of 40.06 feet; thence South 89 degrees 49 minutes 00 seconds East a distance of
94.67 feet; thence North 00 degrees 31 minutes 00 seconds East a distance of 403.01 feet; thence North
89 degrees 49 minutes 00 seconds West a distance of 324.28 feet; thence North 00 degrees 31 minutes 00
seconds East a distance of 987.00 feet to the north line of said Northeast Quarter; thence North 89 degrees
55 minutes 00 seconds East along said nodh line a distance of 656.81 feet to the point of beginning.
Together with that part of Government Lots 2 and 3, Section 32, Township 115, Range 22, Scott County,
Minnesota described as follows:
Commencing at the northeast corner of said Section 32; thence on an assumed bearing of South 89
degrees 55 minutes 00 seconds West along the north line of said Section 32, a distance of 944.10 feet;
thence South 00 degrees 31 minutes 00 seconds West a distance of 1392.55 feet to a point hereinafter
referred to as Point "A"; thence continuing South 00 degrees 31 minutes 00 seconds West a distance of
926.15 feet to the intersection with the southeasterly extension of the northerly line of the plat of HOWARD
LAKE ESTATES, Scott County, Minnesota; thence North 44 degrees 24 minutes 36 seconds West along
said southeasterly extension a distance of 3.07 feet to the northeasterly corner of said plat; thence
continuing North 44 degrees 24 minutes 36 seconds West along the northerly line of said plat a distance of
133.65 feet; thence North 50 degrees 10 minutes 49 seconds West along the northerly line of said plat a
distance of 127.78 feet; thence North 61 degrees 12 minutes 26 seconds West along the northerly line of
said plat a distance of 242.14 feet; thence North 66 degrees 25 minutes 24 seconds West along the
northerly line of said plat a distance of 132.50 feet, to a point hereinafter referred to as Point "B"; thence
North 24 degrees 03 minutes 00 seconds East a distance of 240.00 feet to the point of beginning of the land
to be described; thence continuing North 24 degrees 03 minutes 00 seconds East a distance of 81.60 feet;
thence along a tangential curve concave to the west, having a central angle of 23 degrees 02 minutes 56
seconds, a radius of 241.54 feet, an arc length of 97.17 feet; thence South 79 degrees 25 minutes 39
seconds East a distance of 388.06 feet to a point on a line drawn South 00 degrees 31 minutes 00 seconds
West from the aforementioned Point "A", said point distant 260.31 feet southerly of said Point "A"; thence
South 00 degrees 31 minutes 00 seconds West a distance of 139.69 feet; thence South 50 degrees 16
minutes 34 seconds West a distance of 70.00 feet to the intersection with a line drawn South 77 degrees 08
minutes 20 seconds East from the point of beginning; thence North 77 degrees 08 minutes 20 seconds
West a distance of 390.35 feet to the point of beginning.
Together with and subject to an easement for roadway purposes over that part of said Government Lots 2
and 3 described as follows:
A strip of land 50.00 feet in width lying 15.00 feet westerly and 35.00 feet easterly of the following described
line and its northerly and southerly extensions.
Commencing at the northeast corner of said Section 32; thence on an assumed bearing of South 89
degrees 55 minutes 00 seconds West along the north line of said Section 32, a distance of 944.10 feet;
thence South 00 degrees 31 minutes 00 seconds West a distance of 1392.66 feet to a point hereinafter
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referred to as Point "A"; thence continuing South 00 degrees 31 minutes 00 seconds West a distance of
926.15 feet more or less to the intersection with the southeasterly extension of the northerly line of the plat
of HOWARD LAKE ESTATES, Scott County, Minnesota; thence North 44 degrees 24 minutes 36 seconds
West along said southeasterly extension a distance of 3.07 feet to the northeasterly corner of said plat;
thence continuing North 44 degrees 24 minutes 36 seconds West along the northerly line of said plat a
distance of 133.65 feet; thence North 50 degrees 10 minutes 49 seconds West along the northerly line of
said plat a distance of 127.78 feet; thence North 61 degrees 12 minutes 26 seconds West along the
northerly line of said plat a distance of 242.14 feet; thence North 66 degrees 25 minutes 24 seconds West
along the northerly ~ine of said plat a distance of 132.50 feet to the point of beginning of the line to be
described; thence North 24 degrees 03 minutes 00 seconds East a distance of 321.60 feet; thence along a
tangential curve concave to the west, having a radius of 241.54 feet, a central angle of 27 degrees 54
minutes 02 seconds, an arc length of 117.62 feet; thence North 03 degrees 51 minutes 02 seconds West
tangent to the last described curve a distance of 170.09 feet to the intersection with a line drawn North 89
degrees 50 minutes 55 seconds West from the aforementioned Point "A", and there terminating.
Also together with
That part of Government Lots 2 and 3, Section 32, Township 115, Range 22, Scott County, Minnesota
described as follows:
Commencing at the northeast corner of said Section 32; thence on an assumed bearing of South 89
degrees 55 minutes 00 seconds west along the north line of said Section 32, a distance of 944.10 feet;
thence South 00 degrees 31 minutes 00 seconds West a distance of 1792.66 feet to the point of beginning
of the land to 5e described; thence continuing South 00 degrees 31 minutes 00 seconds West a distance of
526.15 feet to the intersection with southeasterly extension of the northerly line of the plat of HOWARD
LAKE ESTATES, Scott County, Minnesota; thence North 44 degrees 24 minutes 36 seconds West along
said southeasterly extension a distance of 3.07 feet to the northeasterly corner of said plat; thence
continuing North 44 degrees 24 minutes 36 seconds West along the northerly line of said plat a distance of
133.65 feet; thence North 50 degrees 10 minutes 49 seconds West along the northerly line of said plat a
distance of 127.78 feet; thence North 61 degrees 12 minutes 26 seconds West along the northerly line of
said plat a distance of 150.14 feet, to its intersection with a line drawn South 50 degrees 16 minutes 34
seconds West from the point of beginning; thence North 50 degrees 16 minutes 34 seconds East a distance
of 429.24 feet to the point of beginning.
And
That part of Government Lots 2 and 3, Section 32, Township 115, Range 22, Scott County, Minnesota
described as follows: Commencing at the Northeast corner of said Section 32; thence on an assumed
bearing of South 89 degrees 55 minutes 00 seconds West along the North line of said Section 32, a
distance of 944.10 feet; thence South 00 degrees 31 minutes 00 seconds West a distance of 1,392.66 feet
to a point hereinafter referred to as Point "A"; thence continuing South 00 degrees 31 minutes 00 seconds
West a distanc~ of 926.15 feet more or less to the intersection with Southeasterly extension of the Northerly
line of the Plat of HOWARD LAKE ESTATES, Scott County, Minnesota; thence North 44 degrees 24
minutes 36 seconds West along said Southeasterly extension a distance of 3.07 feet to the Northeasterly
corner of said plat; thence continuing North 44 degrees 24 minutes 36 seconds West along the Northerly
line of said plat a distance of 133.65 feet; thence North 50 degrees 10 minutes 49 seconds West along the
Northerly line of said plat a distance of 127.78 feet; thence North 61 degrees 12 minutes 26 seconds West
along the Nodherly line of said plat a distance of 242.14 feet; thence North 66 degrees 25 minutes 24
seconds West along the Northerly line of said plat a distance of 132.50 feet to a point hereinafter referred to
as Point "B"; thence North 24 degrees 03 minutes 00 seconds East a distance of 321.60 feet; thence along
a tangential curve concave to the West, having a central angle of 23 degrees 02 minutes 56 seconds, a
radius of 241.54 feet, an arc length of 97.17 feet to the point of beginning of the land to be described;
thence continuing Northerly along said last described curve a central angle of 4 degrees 51 minutes 06
seconds, an arc length of 20.45 feet; thence North 03 degrees 51 minutes 02 seconds West tangent to the
last described curve a distance of 129.99 feet to an intersection with a line drawn parallel with and distant
40.00 feet Southerly of a line drawn North 89 degrees 50 minutes 55 seconds West from the
aforementioned Point "A"; thence South 89 degrees 50 minutes 55 seconds East a distance of 342.70 feet;
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thence South 00 degrees 31 minutes 00 seconds West a distance of 90.00 feet; thence South 89 degrees
50 minutes 55 seconds East a distance of 50.00 feet, to a point on a line drawn South O0 degrees 31
minutes O0 seconds West from the aforementioned Point "A"; said point distant 130.00 feet Southerly of
said Point "A"; thence South 00 degrees 31 minutes 00 seconds West a distance of 130.31 feet to the
intersection with a line drawn South 79 degrees 25 minutes 39 seconds East from the point of beginning;
thence North 79 degrees 25 minutes 39 seconds West a distance of 388.06 feet to the point of beginning.
TOGETHER with and subject to an easement for roadway purposes over that part of Government Lots 2
and 3, Section 32, Township 115, Range 22, Scott County, Minnesota described as follows: A strip of land
50.00 feet in width lying 15.00 feet Westerly and 35.00 feet Easterly of the following described line:
Beginning at the aforementioned Point "B"; thence North 24 degrees 03 minutes 00 seconds East a
distance of 321.60 feet; thence along a tangential curve concave to the West, having a central angle of 27
degrees 54 minutes 02 seconds, a radius of 241.54 feet an arc length of 117.62 feet; thence North 3
degrees 51 minutes 02 seconds West tangent to the last described curve a distance of 170.09 feet to the
intersection with a line drawn North 89 degrees 50 minutes 55 seconds West from the aforementioned
Point "A", and there terminating.
4. The Conditional Use Permit is hereby approved subject to the following conditions:
a. Excavation and grading must be done according to the approved plans.
b. Submit impervious surface coverage for the portion of the site within the Howard Lake Shoreland Overlay
District.
c. Submit an inventory of significant trees pursuant to Sections 1107.2105 and 1107.2106 of the Zoning
Ordinance so mitigation can be accurately calculated.
d. Install tree protection fencing at the drip line of all preserved trees to protect the root system prior to the
commencement of grading on the site.
e. Submit a letter of credit in the amount of 125 percent of the estimated cost to furnish and plant replacement
trees.
f. Revise the landscape plan to include a minimum of 25 percent of the required 138 trees to be coniferous
and at least 10 percent of the required deciduous plantings to be 3.5 caliper inches.
g. Obtain building permits prior to relocating the existing clubhouse and constructing shelters within the City of
Prior Lake.
h. Revise the plans to indicate the OHW of DNR Public Water #70-80P is 945.2'.
i. Quantify proposed fill below the OHW of DNR Public Water #70-80P. Grading or filling below the OHW
requires a DNR Work in Public Waters permit.
j. Obtain a permit for proposed dredging in DNR Public Water #70-80P.
k. Provide information for the DNR concerning the hydrology of the stormwater ponds.
I. Indicate Riprap quantities for all storm sewer outfalls per MnDOT Plate 3133.
m. Revise the plans to indicate that the last 3 joints of all storm sewer pipes are tied.
n. Provide a detail of the sluice gate located in the northwest corner of pond GC20.
o. Verify the information in Item 6 of the Pond Outlet Structure table detail on sheet 3.09.
p. Reroute the storm sewer from structure 12 to structure 10 through the regional treatment basin.
q. Illustrate the emergency overflow from pond GC12 on the plan.
r. Obtain an Excavating and Filling Permit. The permit fee is $2,379.00.
s. Provide a certificate of insurance from the grading contractor listing the City of Prior Lake as additional
insured prior to the issuance of a grading permit.
t. Prior to commencing work on the site, the applicant must obtain a permit from any other agency as
required. Copies of the approved permit must be submitted to the City.
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u. Gravel clean up as a result of spills or general transpodation of gravel on any public road shall be the
responsibility of the applicant.
v. Watering for dust control shall be done on an as needed basis or within 24 hours written notice from the
City. Such notice shall be transmitted by facsimile to the applicant. Dust control includes the entire project
area and is not limited to roadways. Water for dust control shall be provided from an off-site source,
w. The CUP is valid for one year, but is revocable at any time for noncompliance with any condition contained
herein. At the expiration of its one (1) year term, the property owner may make application to the City to
renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal
thereof. Any renewal of the CUP is subject to City Council approval and is to include any information as
requested by City staff or the City Council that would aid the City Council in determining whether the
excavation activities conducted pursuant to this CUP created any adverse impacts to the health, safety or
welfare of the City or its residents.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit to allow grading
and excavation as shown on Exhibit A. The contents of Planning Case File #03-092 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 15~h day of September, 2003.
YES NO
Haugen X Haugen
Blomberg X Blomberg
LeMair X LeMair
Petersen X Petersen
Zieska X Zieska
{Seal} Frank Boyles, City Manager
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