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HomeMy WebLinkAbout01-58 RESOLUTION 01-58 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PUBLIC SERVICE STRUCTURE IN THE R-I ZONING DISTRICT ON THE PROPERTY AT 15250 WILDS PARKWAY MOTION BY: Mader SECOND BY: 7ieska WHEREAS, the Prior Lake Planning Commission conducted a public hearing on April 23, 2001, to consider an application from the City of Prior Lake for a Conditional Use Permit (CUP) to allow a public service structure in the R-1 Zoning District on the property located at 15250 Wilds Parkway and legally described as follows: All that part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota, Lot 1, Block 3, The Wilds 2n~ Addition, according to the recorded plat thereof, in said County and Outlot B, in said plat, described as follows: Beginning at the Northwest corner of said Lot 1; thence South 19 degrees 50 minutes 55 seconds west, assumed beadng along the Westerly line of said Lot 1, a distance of 165.74 feet to the Southwest corner of said Lot 1; thence South 88 degrees 08 minutes 20 seconds East along the South line of said Lot, a distance of 21.67 feet; thence South 48 degrees 38 minutes 21 seconds East a distance of 136.29 feet; thence South 80 degrees 00 minutes 40 seconds East a distance of 62.16 feet; thence North 72 degrees 21 minutes 57 seconds East a distance of 234.22 feet; thence North 71 degrees 35 minutes 51 seconds East a distance of 77.82 feet to the southerly right-of-way line of Wilds Parkway, as dedicated in said plat; thence Westerly and Northwesterly along said right-of-way line to the point of beginning. 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 proposed CUP; and WHEREAS the City Council considered the application for a CUP on May 7, 2001; 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. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CiTY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. It hereby adopts the following findings: r:\resoluti\planres\2001 \01-58.doc Page l 16200 Ea~tle Creek Ave. S.E., Prior Lake, Minnesota ,55372-1714 / Ph. (9,52) 447-4230 / Fax (9,52) 447-424.5 AN EQUAL OPPORTUNITY EMPLOYER a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Well and pumphouse #6 are a key addition to the City's potable water supply system. Goals of the Comprehensive Plan are ensure access to natural resources and utilities, and to provide for the orderly extension of utilities. This proposal is consistent with these goals. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will benefit the health, safety and general welfare of the community by providing an addition to the City's water supply. 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. With the necessary changes to the landscaping plan, this use will be consistent with 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 streets and utilities to serve this development are in place. This use will not adversely affect those services. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. With the required changes, the use will be screened from the adjacent residential properties, and will not have an adverse impact on the nearby properties. 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 only change necessary is to the landscaping plan in order to ensure the development is consistent with the provisions of the Zoning Ordinance. 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 ofthe conditions set forth in the CUP approved by the City Council. With the exception of the driveway relocation, there will be very little grading on this site. These plans have been prepared under the supervision of a civil engineer. 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. 2. The Conditional Use Permit is hereby approved on the property legally described as follows: r:\resoluti\planres\2001 \01-58,doc Page 2 All that part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota, Lot 1, Block 3, The Wilds 2nd Addition, according to the recorded plat thereof, in said County and Outlot B, in said plat, described as follows: Beginning at the Northwest corner of said Lot 1; thence South 19 degrees 50 minutes 55 seconds west, assumed bearing along the Westerly line of said Lot 1, a distance of 165.74 feet to the Southwest corner of said Lot 1; thence South 88 degrees 08 minutes 20 seconds East along the South line of said Lot, a distance of 21.67 feet; thence South 48 degrees 38 minutes 21 seconds East a distance of 136.29 feet; thence South 80 degrees 00 minutes 40 seconds East a distance of 62.16 feet; thence North 72 degrees 21 minutes 57 seconds East a distance of 234.22 feet; thence North 71 degrees 35 minutes 51 seconds East a distance of 77.82 feet to the southerly right-of-way line of Wilds Parkway, as dedicated in said plat; thence Westerly and Northwesterly along said right-of-way line to the point of beginning. 3. The Conditional Use Permit is hereby approved subject to the following conditions: a. Revise the landscaping plan to provide the required plantings along the south, east and west boundaries. b. The building must be located as shown on the approved plans. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit to allow the construction of a public service structure in the R-1 district as shown on Exhibit A. The contents of Planning Case File #01-028 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 7TM day of May, 2001. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Petersen X Petersen Zieska X Zieska {Seal} Frank Bo~, r:\resoluti\planrcs\2001 \01-58.doc Page 3 I ! [