Loading...
HomeMy WebLinkAbout01-56 CONDITIONAL USE PERMIT RESOLUTION 01-56 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 60-UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS "MEADOW VIEW HEIGHTS" MOTION BY: Mader SECOND BY: Ericson WHEREAS, The Prior Lake Planning Commission conducted a public hearing on Mamh 12, 2001, to consider an application from Centex Homes and John O'Loughlin for a Conditional Use Permit (CUP) for a 60-unit cluster development to be known as Meadow View Heights; and, WHEREAS, The Prior Lake Planning Commission continued the public hearing to April 9, 2001; and WHEREAS, Notice of the public hearing on said CUP has been duly published in accordance with the applicable Pdor 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 Meadow View Heights; and WHEREAS, The City Council considered the CUP application for Meadow View Heights at its regular meeting on May 7, 2001; and WHEREAS, The Planning Commission and City Council find the CUP for Meadow View Heights 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: 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. l~.~~5~d~ Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fp~e(~52) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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. The landscape plan requires some minor modifications to ensure compliance with 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 the 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 will not have an adverse affect on that 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. 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 amhitect. 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 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 must 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 cdteria 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-l" 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 r:\resoluti\plan res\2001\01-56.doc Page 2 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 and wetlands on the site. The townhouse portion of the development 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 Southeast Quarter of the Northeast Quarter of Section 28, Township 115 North, Range 22 West, Scott County, Minnesota. 5. The Conditional Use Permit is hereby approved subject to the following conditions: a) Revise the landscaping plan so that the key is consistent with the number of trees shown on the plan. In addition, the plan must be signed by a registered landscape amhitect. b) Submit an irrigation plan for the townhouse portion of this development. c) Revise the landscaping to relocate the necessary replacement trees from the parkland. d) Submit homeowner's association documents for the townhouse development. e) The Final Plat and Development Contract must be approved by the City Council. f) 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 Meadow View Heights. The contents of Planning Case Files #01-008 and #01-009 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 7~h day of May, 2001. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Zieska X Zieska r:\resoluti\planres\2001 \01-56.doc Page 3 I' i !