HomeMy WebLinkAbout9C - Conditional Use Permit
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
APRIL 1,2002
9C
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A
CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL
USES ON A SINGLE LOT IN THE R-l ZONING DISTRICT
(CASE FILE #02-22)
History: Prior Lake Baptist Church has filed an application for a
Conditional Use Permit (CUP) to allow two principal structures on a
single lot on the property located 5690 Credit River Road. This site is
zoned R-l (Low Density Residential). No variances are required for
this project.
The Prior Lake Baptist Church is planning an addition to the existing
church and school. In order to meet the impervious surface
requirements for this development, the Church has purchased the
adjacent property to the northwest. There is an existing single family
home and detached garage on this lot. The Church is proposing to rent
the single family home until sometime in the future, when the home
will be removed. There is no specific date for the removal of this
structure.
Current Circumstances: Section 1101.501 (4) of the Zoning
Ordinance states the following:
Principal buildings. There shall be no more than 1 principal building
on 1 lot except by Conditional Use Permit or as provided under
subsection 1106.100 through 1106.600.
The Church is requesting a conditional use permit in order to maintain
the existing residence. It must be noted that approval of the CUP does
not constitute automatic approval of the church addition. The Church
has also filed an application for site plan approval for the proposed
addition to the church. Site plan approval is an administrative process,
handled by the staff, unless there is a need for variances.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (%2) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The Planning Commission considered this CUP at a public hearing on
March 11,2002. There were no public comments at the hearing. The
Planning Commission recommended approval of this amendment
subject to the following conditions:
1. Staff must approve the site plan for the church addition before the
resolution approving the CUP is recorded.
2. The applicant must file an application to combine the lots for City
approval.
The Issues: The proposed Conditional Use Permit should be reviewed
in accordance with the criteria found in Section 1108 of the City Code.
(1) The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
One of the goals of the Comprehensive Plan is to "create an
environment in which all citizens have the opportunity to develop
their full potential. " Objectives of this goal are to ensure the
development of a broad range of educational and learning
opportunities. This proposal is consistent with these goals.
(2) The use will not he detrimental to the health, safety, morals
and general welfare of the community as a whole.
This proposal will not be detrimental to the health, safety and
general welfare of the community.
(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.
The proposed addition will be consistent with the provisions of the
Zoning Ordinance. In allowing this CUP, the impervious surface on
the site will not exceed 30% of the lot area.
(4) 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.
(5) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional
use.
The only uses in close proximity to this site are industrial uses and
vacant land. The existing single family dwelling will be under the
control of the Church, and will not have an adverse impact on the
nearby properties.
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Page 2
(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 proposed addition must be approved under the site plan
approval process. This process will ensure that all requirements of
the Zoning Ordinance are met.
(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 CUP approved by the City
Council.
The site plans have been prepared under the supervision of a civil
engmeer.
(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 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.
The Planning Commission recommended approval subj ect to
conditions necessary to meet ordinance requirements. The
Commission did not feel additional conditions were necessary for
this use.
Conclusion: The Planning Commission and the staff recommend
approval of the CUP with the following conditions:
1. Staff must approve the site plan for the church addition before the
resolution approving the CUP is recorded.
2. The applicant must file an application to combine the lots for City
approval.
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Page 3
FISCAL IMP ACT:
AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
RlJ(lgpt Impnrt" There is no immediate budget impact as a result of
this request.
The City Council has three alternatives:
1. Adopt a . resolution approving the Prior Lake Baptist Conditional
Use Permit, subject to the suggested conditions.
2. Deny the proposed amendment. In this case, the Council should
direct the staff to prepare a resolution with findings of fact for the
denial of these requests.
3. Defer consideration of this item for specific reasons.
Staff recommends alte ative #1. A motion and second adopting a
resolution approvin the Prior Lake Baptist Church CUP is
ap pn e.
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Page 4
II
RESOLUTION 02~ </~
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO PRINCIPAL USES
ON A SINGLE LOT IN THE R-1 ZONING DISTRICT ON THE PROPERTY AT 5690 CREDIT RIVER
ROAD
MOTION BY:
Jt
SECOND BY:
JP
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on March 11, 2002,
to consider an application from the Prior Lake Baptist Church for a Conditional Use
Permit (CUP) to allow two principal uses on a single lot in the R-1 Zoning District on
the property located at 5690 Credit River Road and legally described as follows:
That part of the East % of the Southeast Quarter of Section 1, Township 114 North,
Range 22 West, Scott County, Minnesota described as follows:
Commencing at the Southeast corner of said Section 1; thence on an assumed bearing
of North 1 degree 21 minutes 00 seconds West, along the line between the Southeast
corner and the Northeast corner of said Section 1, a distance of 1251.72 feet; thence
at right angles South 88 degrees 39 minutes 00 seconds West a distance of 1875.73
feet; thence South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to
the East line of the West 30.00 feet of the East % of the Southeast Quarter of said
Section 1, said point being the actual point of beginning of the property to be
described, thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66
feet, thence bearing south a distance of 704.31 feet to the centerline of County State
Aid Highway No. 12 (County Road No. 21); thence North 63 degrees 37 minutes 56
seconds West, along the centerline of said Highway No. 12, a distance of 566.47 feet
to the East line of the West 30.00 feet of the East % of the Southeast Quarter of said
Section 1; thence North 0 degrees 49 minutes 11 seconds West, along said East line
of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1, a
distance of 418.59 feet to the point of beginning. Subject to County State Aid Highway
No. 12 (21) over the southwesterly 33 feet thereof.
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 April 1 , 2002; and
1:\02fi1es\02cup\02-22 baptist\cc res.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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. The recitals set forth above are incorporated herein as if fully set forth.
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.
One of the goals of the Comprehensive Plan is to "create an environment in which all citizens have
the opportunity to develop their full potential." Objectives of this goal are to ensure the development
of a broad range of educational and learning opportunities. 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 not be detrimental to the health, safety and general welfare of the community.
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 proposed addition will be consistent with the provisions of the Zoning Ordinance. In allowing
this CUP, the impervious surface on the site will not exceed 30% of the lot area.
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.
The only uses in close proximity to this site are industrial uses and vacant land. The existing single
family dwelling will be under the control of the Church, 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 proposed addition must be approved under the site plan approval process. This process will
ensure that all requirements of the Zoning Ordinance are met.
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Page 2
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 CUP
approved by the City Council.
The site 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.
3. The Conditional Use Permit is hereby approved on the property legally described as follows:
That part of the East % of the Southeast Quarter of Section 1, Township 114 North, Range 22 West,
Scott County, Minnesota described as follows:
Commencing at the Southeast corner of said Section 1; thence on an assumed bearing of North 1
degree 21 minutes 00 seconds West, along the line between the Southeast corner and the Northeast
corner of said Section 1, a distance of 1251.72 feet; thence at right angles South 88 degrees 39
minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30
seconds West a distance of 84.66 feet to the East line of the West 30.00 feet of the East % of the
Southeast Quarter of said Section 1, said point being the actual point of beginning of the property to
be described, thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet,
thence bearing south a distance of 704.31 feet to the centerline of County State Aid Highway No. 12
(County Road No. 21); thence North 63 degrees 37 minutes 56 seconds West, along the centerline
of said Highway No. 12, a distance of 566.47 feet to the East line of the West 30.00 feet of the East
% of the Southeast Quarter of said Section 1; thence North 0 degrees 49 minutes 11 seconds West,
along said East line of the West 30.00 feet of the East % of the Southeast Quarter of said Section 1,
a distance of 418.59 feet to the point of beginning. Subject to County State A!d Highway No. 12 (21)
over the southwesterly 33 feet thereof.
4. The Conditional Use Permit is hereby approved subject to the following conditions:
a. Staff must approve the site plan for the church addition before the resolution approving the CUP
is recorded.
b. The applicant must file an application to combine the lots for City approval.
Passed and adopted this 151 day of April, 2002.
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Page 3
YES NO
Haugen Haugen
Vacant Vacant
Gundlach Gundlach
Petersen Petersen
Zieska Zieska
{Seal}
Frank Boyles, City Manager
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Page 4
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