HomeMy WebLinkAbout11-01PC - SMSC CR-83 Utility Project CUPw
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
Doc. No. A 883393
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
07-07-2011 at 02:42 Recpt- 000000
James L. Hentges, County Recorder 04
Fee- $ 46.00
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 11-01 PC
A CONDITIONAL USE PERMIT TO ALLOW FOR GRADING AND
EXCAVATION IN EXCESS OF 400 CUBIC YARDS AND TO ALLOW PUBLIC
SERVICE STRUCTURE AS PART OF A SANITARY SEWER PROJECT FOR
THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
J f atzke
City of Prior Lake
Dated this 21 st day o1' June, 2011.
(City Seal)
EP11-118
SMSC CR -83 UTILITY PROJECT
25-921-007-0
Pleas"r urnocument to:
City of Prior Lake
?`, Community Develop men tlNatural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
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U 4646 Dakota Street SE
Prior Lake, MN 55372
CONDITIONAL USE PERMIT
RESOLUTION 11-01 PC
A CONDITIONAL USE PERMIT TO ALLOW FOR GRADING AND EXCAVATION IN EXCESS OF
400 CUBIC YARDS AND TO ALLOW PUBLIC SERVICE STRUCTURE AS PART OF A SANITARY
SEWER PROJECT FOR THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 13, 2011,
to consider an application from The Shakopee Mdewakanton Sioux Community to
allow grading and excavation of more than 400 cubic yards and a public service
structure as part of a sanitary sewer project; and
WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the
applicable Prior Lake Ordinances; and
WHEREAS, 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 1 under the goal of Infrastructure within the 2030 Comprehensive Plan is to provide
for well-maintained streets, water distributions systems, sewage systems, and other municipal
services. While this sewer project will service properties within the Shakopee Mdewakanton
Sioux Community it will allow for the orderly handling of waste water within the Prior Lake,
Shakopee, and SMSC communities. It will also decrease the current demand on the City of
Prior Lake sanitary sewer system by rerouting waste water from the East Village area of the
SMSC.
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 952.447.4245 / Nvww.cit3,ofprior1ake.corn
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. A Public Service Structure is an allowed use
within the R-1 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. During the grading and fill
work, the applicant will be responsible for maintaining the condition of the adjacent roads.
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. The project is subject to the issuance of a County rigWof-way permit which
will address construction movement throughout the duration of the project.
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 use will adhere to the design requirements of the City.
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 other utilities and will
coordinate with various governmental agencies including the City of Prior Lake, the City of
Shakopee, Scott County, and the Shakopee Public Utilities Commission for completion of
the project.
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 building permit for the lift station building
and a submittal of a security to cover the costs of restoration.
3. The CUP is hereby approved, subject to the following conditions:
aj The excavation 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) All exterior faces of the public service structure shall meet the provisions of Subsection
11107.2200
e) The Conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
f) Prior to any grading on the site, the applicant shall meet requirements set forth by the City
Engineering Department in the memorandum dated June 8, 2011.
g) The CUP is valid for one year for excavation, but is revocable at any time for noncompliance
with any condition contained herein. At the expiration of its one (1) year term, the property
owner may make application to the City to renew the CUP. The initial approval of this CUP
does not create any right, in law or equity, to the renewal thereof.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow grading and excavation of more than 400 cubic yards and a public service structure as
part of a sanitary sewer project. The contents of Planning Case File #EP 11 -118 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 13th
day of June 2011.
Paul Perez, Acting CommiEkNn Chair
ATTEST:
JefrM6t'Z*ke, 13,46ner