HomeMy WebLinkAbout14-01PC Twin Oaks CUPDoc. No. A 956962
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
04-22-2014 at 11:00 Recpt: 000000
,lames L. Hentges, County Recorder 01
Fee: $ 46.00
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 14-01 PC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR GRADING
AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT TWIN OAKS MIDDLE
SCHOOL (ISD 719)
Jeff z e
City of Prior Lake
Dated this 171h day of March, 2014.
15860 Fish Pointe SE, Prior Lake, MN 55372-1714
PID 25-936-001-0
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Please return document to:
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
Prior Lake, MN 55372
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4646 Dakota Street SE
Prior Lake, MN 55372
CONDITIONAL USE PERMIT
RESOLUTION 14-XXPC
A CONDITIONAL USE PERMIT TO ALLOW FOR GRADING AND LAND RECLAMATION IN
EXCESS OF 400 CUBIC YARDS AT TWIN OAKS MIDDLE SCHOOL
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on March 17,
2014, to consider an application from Anderson — Johnson Associates to allow
grading and land reclamation of more than 400 cubic yards at the following location:
15860 Fish Point SE
PID: 25-936-001-0
WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the
applicable Prior Lake Ordinances; and
WHEREAS, On March 17, 2014 the Planning Commission proceeded to hear all persons
interested in this CUP and persons interested were afforded the opportunity to
present their views and objections related to the CUP; and
WHEREAS, The Planning Commission finds 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 PLANNING COMMISSION OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Objective 4 under the goal of Security within the 2030 Comprehensive Plan is to enact and
maintain policies and ordinances to ensure the safety and preservation of property. The
purpose of review of this Conditional Use Permit is to ensure that erosion control and
adequate storm water analysis is completed to ensure no negative impacts to the overall area.
It also provides for the notification of the project to the surrounding properties regarding the
activity which is proposed.
b. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
Based on staff review, the proposed use will not be detrimental to the health, safety, morals
and general welfare of the community. The conditions of the approving resolution are
intended to ensure ongoing protection of the community.
Phone 952.447.9800 / Fax 952.447.42451 www.eitydpriorlake.com
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.
Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as
a Conditional Use within any zoning district. The conditions set forth in the Zoning
Ordinance will be met with the issuance of the Conditional Use Permit.
d. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities. No government services
exist within the project land reclamation area.
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 undue adverse impacts on the use and enjoyment of properties in
close proximity as long as all conditions of approval are adhered to including but not limited
to erosion control requirements and cleanup of any streets in the project area.
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 professional landscape architect and land survey have prepared the various plans
submitted for the conditional use permit application.
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 applicant has submitted engineering plans identifying locations of utilities
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. These conditions include approval of permits from
other governmental agencies, approval of a City grading permit, and a submittal of a
security to cover the costs of restoration.
3. The CUP is hereby approved, subject to the following conditions:
a) The filling and land reclamation must be done according to the approved plans.
b) The cleanup of fill material as a result of spills or general transportation of fill on any public
road shall be the responsibility of the applicant.
c) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days
after approval.
d) The Conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
e) Prior to any grading on the site, the applicant shall revise the plans in accordance with the
requirements contained in the memorandum from the City Public Works Staff dated March
13, 2014.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow grading and land reclamation of more than 400 cubic yards. The contents of Planning
Case File #DEV2014-0006 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 171h day of March 2014.
FW10 , Commission Chair
ATT
Dan Rogness, Community Econ is Development Director
ASSENT OF APPLICANT
File #DE V-20140006
As Approved by Resolution # 14-01PC
The undersigned hereby assents to the following:
1. I have read the conclusions and conditions of said Resolution, and I am familiar with their
contents and with the content of the exhibits.
2. 1 fully accept all of the terms and conditions of said Resolution.
3. I understand Section 1 108.200 of the Prior Lake Ordinance Code provides as follows:
1 108.21 1 Revocation and Cancellation of a Conditional Use Permit. A Conditional Use
Permit may be revoked and canceled if the Zoning Administrator determines that
the holder of an existing Conditional Use Permit has violated any of the conditions
or requirements imposed as a condition to approval of the Conditional Use Permit,
or has violated any other applicable laws, ordinances, or enforceable regulation.
1108.212 After One Year No Construction Re wired. All Conditional Use Permits shall
be revoked and canceled if 1 year has elapsed from the date of the adoption of the
resolution granting the Conditional Use Permit and the holder of the Conditional
Use Permit has failed to make substantial use of the premises according to the
provisions contained in the Permit.
1108.213 After One Year, New Construction Required. All Conditional Use Permits shall
be revoked and canceled after 1 year has elapsed from the date of the adoption of
the resolution granting the Conditional Use Permit if a new structure or alteration
or substantial repair of an existing building is required by the Conditional Use
Permit and the holder has failed to complete the work, unless a valid building
permit authorizing such work has been issued and work is progressing in an orderly
way.
1108.416 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit
fails to make actual use of vacant land, or land and structures which were existing
when the Conditional Use Permit was issued and no new structure, alteration or
substantial repair to existing buildings was required; or if a new structure was
required by the Conditional Use Permit and no building permit has been obtained,
the Conditional Use Permit shall be deemed revoked and canceled upon the
occurrence of any of the following events:
(1) A change in the Use District for such lands is made by amendment to the
Zoning Ordinance by the City Council.
(2) Eminent domain proceedings have been initiated to take all or any part of the
premises described in the Conditional Use Permit.
(3) The use described in the Conditional Use Permit becomes an illegal activity
under the laws of the United States of America or the State of Minnesota.
(4) Title to all or part of land described in such Conditional Use Permit is forfeited
to the State of Minnesota for nonpayment of taxes.
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(5) The person to whom the Conditional Use Permit was issued files a written
statement in which that person states that the Conditional Use Permit has been
abandoned. The statement shall describe the land involved or state the
resolution number under which the Conditional Use Permit was granted.
(6) The premises for which the Conditional Use Permit was issued are used by the
person to whom the Conditional Use Permit was issued in a manner
inconsistent with the provisions of such Conditional Use Permit.
4. I understand the granting by the City of this Resolution is in reliance on the representations that
I will fully comply with all of the terms and conditions of said Resolution. I understand and
agree upon notice of non-compliance with any term or condition, I shall immediately cease
conducting activities pursuant to the notice or will take all actions necessary to accomplish full
compliance with said notice and conditions of the Resolution.
15860 Fish Point SE, Prior Lake, MN 'N
ADDRESS OF PROPERTY SIGNATURE OF OWNER
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