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HomeMy WebLinkAbout99-47 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLUTION 99-47 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 21 UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS "WILD OAKS" MOTION BY: Kedrowski SECOND BY: Wuellner the Prior Lake Planning Commission conducted a public hearing on April 26, 1999, to consider an application from Prior Lake Oaks, LLC, for a Conditional Use Permit (CUP) for a 21 unit townhouse development to be known as Wild Oaks, and the City Council heard the case on May 18, 1999; and notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and 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 Wild Oaks; and the Planning Commission and City Council find the CUP for Wild Oaks in harmony with both existing and proposed development in the area surrounding the project; and 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 7-5 C 1-6 of the Zoning Ordinance and Section 5-6-5 (C) of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it hereby adopts the following findings: FINDINGS 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. Townhouses are permitted as a conditional use in the R-1 district, with a density up to 3.5 units per acre. The proposed use is consistent with the conditional use provisions for the R-1 zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-42451 AN EQUAL OPPORTUNITY EMPLOYER 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. The proposed development is designed to provide safe access to adjacent roads, and is screened from adjacent properties. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The landscaping plan submitted with this proposal meets the provisions of the ordinance. Additional trees will be required as part of a tree replacement plan, so more screening will be provided on this site. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The size and types of buildings proposed are not dissimilar to the prevailing architecture in the area. The townhouses are also oriented away from the existing single family dwellings, and there is screening provided between the two dwelling types. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. The plan provides at least 2 parking spaces for each unit. In addition, the plan provides for some additional guest parking spaces. In addition, the access to the site has been moved closer to CSAH 42, which will minimize the amount of traffic on adjacent streets. 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The proposed plan is consistent with the Comprehensive Plan designation and the provisions of the R-1 district. The performance standards are set forth in Section 7.5(D) and relate to the following factors; . Fire protection . Noise . Odors . Glare . Water pollution. . Electrical disturbance . Vibrations . Air pollution . Erosion The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. Conditional uses in the Shoreland District must also be evaluated based on the criteria outlined in Section 9.7 A of the Zoning Ordinance (5-8-7 A of the City Code). These criteria and the staff analysis of compliance with these criteria are set forth below. 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction. 2 The City requires a grading and erosion control plan prior to any construction on the site. This plan will require heavy duty silt fences and other means to prevent erosion into the existing wetlands. In addition, the proposed stormwater retention pond will prevent untreated runoff from this development from flowing into the wetland. 2. The visibility of structures and other facilities as viewed from public waters is limited. The structures proposed on this site are oriented away from Prior Lake. There is also landscaping proposed to provide additional screening. 3. The site is adequate for water supply and on-site sewage treatment. The site will be served by public sewer and water systems. 4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. This site does not have direct access to the public water, and no docks or other water oriented uses are proposed. BE IT FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE approves the CUP for Wild Oaks on the property legally described as follows: LEGAL DESCRIPTION: That part of Government Lot 2, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows: Commencing at the northeast corner of said Government Lot 2; thence on an assumed bearing of West, along the north line of said Government Lot 2, a distance of 148.01 feet to the actual point of beginning of the land to be described; thence South 0 degrees 42 minutes 14 seconds East a distance of 158.31 feet; thence southwesterly a distance of 83.99 feet along a tangential curve, concave to the west, having a central angle of 31 degrees 03 minutes 41 seconds and a radius of 154.92 feet; thence South 30 degrees 21 minutes 27 seconds West, tangent to the last described curve, a distance of 202.90 feet; thence southwesterly a distance of 103.41 feet along a tangential curve, concave to the northwest, having a central angle of 31 degrees 11 minutes 15 seconds and a radius of 189.99 feet to a judicial landmark set pursuant to Torrens Case No. 90-13561; thence South 28 degrees 27 minutes 18 seconds East a distance of 30.00 feet to a judicial landmark set pursuant to Torrens Case No. 90-13561 being the northerly line of a 20.00 foot driveway as shown on the plat of "CONROY'S BAY", according to the recorded plat thereof, on file or of record in the office of the County Recorder, Scott County, Minnesota; thence South 61 degrees 32 minutes 42 seconds West, along said northerly line, a distance of 139.72 feet to a judicial landmark set pursuant to Torrens Case No. 90-13561; thence South 41 degrees 17 minutes 27 seconds West, along said northerly line a distance of 134.80 feet to a jUdicial landmark set pursuant to Torrens Case No. 90-13561; thence South 87 degrees 49 minutes 56 seconds West, along said northerly line a distance of 276.54 feet to a judicial landmark set pursuant to Torrens Case No. 90- 13561; thence North 87 degrees 11 minutes 48 seconds West, along said northerly line, a distance of 60.24 feet to a judicial landmark set pursuant to Torrens Case No. 90-13561; thence North 69 degrees 48 minutes 55 seconds West, along said northerly line, a distance of 283.56 feet to a judicial landmark set pursuant to Torrens Case No. 90-13561 being the easterly line of the 30.00 foot road as shown on 3 said plat of "CONROY'S BAY"; thence North 0 degrees 38 minutes 40 seconds West along said easterly line, a distance of 130.57 feet to a judicial landmark set pursuant to Torrens Case No. 90-13561; thence North 7 degrees 46 minutes 21 seconds West, along said easterly line, a distance of 386.49 feet to a judicial landmark set pursuant to Torrens Case No. 90-13561; thence continuing North 75.70 feet to the north line of Government Lot 2; thence on a bearing of East, along said north line, a distance of 1059.36 feet to the point of beginning. BE IT FURTHER RESOLVED, approval of the CUP is subject to the following conditions: 1. Revise the landscaping plan to include an irrigation system and the necessary replacement trees (a minimum of 151 caliper inches). Staff suggests the additional landscaping be placed, where possible, along Greenway Avenue and Conroy Street to provide additional screening from the singe family residences. 2. Revise the plan sheets to include the correct calculations for impervious surface, landscaping perimeter, and tree replacement requirements. 3. A letter of credit for the landscaping and tree replacement must be submitted prior to approval of the final plat documents. 4. The homeowner's association documents must be recorded with the final plat documents. 5. A new set of plans, showing all of the revisions, must be submitted prior to final approval of the conditional use permit. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Glynwater. The contents of Planning Case File #99-003 and #99-004 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 17th day of May, 1999. YES Mader Mader Kedrowski X Kedrowski Petersen X Petersen Schenck Absent Schenck Wuellner X Wuellner NO X Absent {Seal} 4