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Home My WebLink About99-76 CONDITIONAL USE PERMIT RESOLUTION 99-76 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 22 UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS "GL YNWATER 3RD ADDITION" WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: Schenck SECOND BY: Wuellner the Prior Lake Planning Commission conducted a public hearing on July 26, 1999, to consider an application from Wensmann Homes for a Conditional Use Permit (CUP) for a 22 unit cluster development to be known as Glynwater 3rd Addition, and the City Council heard the case on August 16, 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 Glynwater 3rd Addition; and the Planning Commission and City Council find the CUP for Glynwater 3rd Addition 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 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it hereby adopts the following findings: FINDINGS (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The Low to Medium Density Residential designation allows town homes 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. t6~~}f~rgl~}lF!lfr~t~?~?f??'~?for Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 / faH~12) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (2) 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. (3) 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 some modifications to the landscaping plan and the impervious surface on the site, the use will meet the provisions of the Zoning Ordinance. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. All utilities necessary to serve this site will be installed by the developer. The sewer lines have the capacity to serve this site. The adjacent NURP pond was designed to accommodate runoff from this site, as well. (5) 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 Glynwater development and will not have an adverse affect on the adjacent property. (6) 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 plans have been prepared by a civil engineer. As noted above, with some modifications, the plans meet all requirements of the Zoning Ordinance. (7) 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. (8) 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 r:\council\resoluti\planres\99\99-76.doc Page 2 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. Since this property is also located within the Shoreland District, it is also subject to the standards listed in Section 1108.203. These standards are discussed below. 1. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and solid conditions on the site must be made to ensure: a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction; b) The visibility of structures and other facilities as viewed from public waters is limited; c) The site is adequate for water supply and on-site sewage treatment; and d) 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. The proposal has identified methods to prevent erosion. The proposed units are not visible from the public waterways. Public sewer and water will be extended to serve these units. Finally, there are no docks or marinas proposed as part of this development. BE IT FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE approves the CUP for Glynwater 3rd Addition on the property legally described as follows: LEGAL DESCRIPTION: That part of the North Half of the Southwest Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the north line of said North Half of the Southwest Quarter distant 1082.43 feet east of the northwest corner; thence on an assumed bearing of East along said north line a distance of 375.00 feet; thence South 580.80 feet; thence West 375.00 feet; thence North 580.80 feet to the point of beginning. BE IT FURTHER RESOLVED, approval of the CUP is subject to the following conditions: 1. Reduce the impervious surface on the entire site so that it is less than 30 percent. Alternatively, the plan may provide a calculation showing the impervious surface, not including road right-of- way, on the portion of the site located within the Shoreland District. The impervious surface of the site in the Shoreland District may not exceed 30% of the site area, less right-of-way. 2. Any optional porches or decks must be identified on the building elevations and on the building plans. Since these structures will affect impervious surface, they must be included within all calculations. 3. Identify the 1 DO-year flood elevation of the wetland and the 30' setback from this elevation on the plans. r: \council\resoluti\planres\99\99-76.doc Page 3 4. The landscaping plan must be revised as follows: a) Include 33 trees on the site. All of the trees must be located within the site boundaries. b) At least 8 of the trees must be coniferous. c) Identify the required 7 caliper inches of replacement trees on the landscaping plan. These trees are required over and above the required number of perimeter trees. d) Identify whether or not an irrigation system will be included on this site. 5. If no irrigation system is provided, a letter of credit for the landscaping and tree replacement must be submitted prior to approval of the final plat documents. This letter of credit must guarantee the landscaping for a period of two years following acceptance of the project. If an irrigation system is included, the letter of credit need only cover the tree replacement and irrigation system for a period of one year following acceptance of the project. 6. 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 #99-037. #99-038 and #99-039 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 August, 1999. YES NO Mader X Mader Kedrowski X Kedrowski Petersen X Petersen Schenck X Schenck Wuellner X Wuellner {Seal} r:\council\resoluti\planres\99\99-76.doc Page 4