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HomeMy WebLinkAbout01-47 CONDITIONAL USE PERMIT RESOLUTION 01-47 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 74 UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS "REGAL CREST" MOTION BY: MADER SECOND BY: ZIESKA WHEREAS, The Prior Lake Planning Commission conducted a public hearing on February 12, 2001, to consider an application from Pavek Family Investments and Hodgson Trust for a Conditional Use Permit (CUP) for a 78 unit cluster development to be known as Regal Crest; and, WHEREAS, The Prior Lake Planning Commission continued the public hearing to March 26, 2001; 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 CUP of Regal Crest; and WHEREAS, The City Council considered the CUP application for Regal Crest at its regular meeting on April 16, 2001; and WHEREAS, The Planning Commission and City Council find the CUP for Regal Crest 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 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby adopts the following findings: r:\resoluti\planres~2001 \01-47.doc Pa e I 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / ~x (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The Low to Medium Density Residential designation allows townhomes and cluster housing up to 10 units per acre. This development is consistent with those goals, and with the policy to provide a mix of residential housing styles. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This use will not be detrimental to the health, safety, morals and general welfare of the community. The use is consistent with the adjacent development. 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 proposal meets the provisions of the Zoning Ordinance. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The developer will install all utilities necessary to serve this site. The sewer lines have tt~e capacity to serve this site. The proposed NURP pond and storm water sewer system will be designed to accommodate runoff from this site. 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 similar to the approved Wensmann 1st development and will not have an adverse affect on that property. The property to the south may be affected by runoff. This can be mitigated by the acquisition of drainage easements on that property, if necessary. 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 civil engineer has prepared the plans. As noted above, with some modifications, 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 are required, and will be made prior to approval of the final plat 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 r:\resoluti\planres~2001 \01-47.doc Page 2 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. The suggested conditions and modifications for approval of this plan are listed below, and r~lust be incorporated into the plans prior to final approval by the Council. 3. Section 1102.403 (1) lists the specific criteria for a cluster development in the R-1 district. These criteria are discussed below: a) Cluster housing shall meet the following minimum requirements: (1) No more than four dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in an "R-1" Single Family Residential Use District; (3) This subsection shall not be applied to conversion of existing dwelling units into cluster housing but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted or added to; (4) There shall be 600 square feet of usable open space for each dwelling unit. The proposal meets the above criteria. b) The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. This site is suitable for cluster development due to the topography, wetlands and the existing trees on the site. The revised proposal attempts to preserve many of the steep slopes by designating this area as common open space. 4. The Conditional Use Permit is hereby approved on the property legally described as follows: The South 20 rods of the East 60 rods of the Northeast ¼ of the Northeast 1/4'; the north 18 rods of the Southeast ¼ of the Northeast %; the south 18 rods of the North 36 rods of the Southeast ¼ of the Northeast 1/4'; and the South 8 rods of the North 44 rods of the Southeast ¼ of the Northeast IA; all in Section 34, Township 115, Range 22, EXCEPT that portion of the above land described as follows: A tract of land in the East ½ of the Northeast ¼ of Section 34, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at a point 1209.4 feet North of the Southeast corner of said Northeast ¼ and lying on the East line thereof, and running thence West at right angles to said East line a distance of 367.3 feet; thence North parallel to said East line a distance of 473.3 feet more or less to the South line of the North 990 feet of said Northeast ¼; thence east along said South line a distance of 367.3 feet to the East line of said Northeast ¼; thence South 473.3 feet to the point of beginning. 5. The Conditional Use Permit is hereby approved subject to the following conditions: a) Obtain a permit from the Watershed District. b) The landscaping plan must also be prepared and signed by a registered landscape architect. c) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. r:\resoluti\planres\2001 \01-47.doc Page 3 d) The Final Plat and Development Contract must be approved by the City Council. e) 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. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the cluster development to be known as Regal Crest. The contents of Planning Case Files #01-005 and #01-006 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 16th day of April, 2001. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Petersen X Petersen Zieska X Zieska r:\resoluti\planres\2001 \01-47.doc Page 4 1' I I