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HomeMy WebLinkAbout11-07PC - River Valley Vet CUPSTATE OF MINNESOTA) )ss, COUNTY OF SCOTT ) Doc. No. A 892217 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on �+ 11-18-2011 at 01:54 Recpt: 520763 James L. Hentges, County Recorder 01 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 11-07PC A RESOLUTION APPROVING A A CONDITIONAL USE PERMIT TO ALLOW A BUILDING ADDITION TO AN ANIMAL HANDLING LAND USE IN THE C-2 (GENERAL BUSINESS) ZONING DISTRICT 64-// JefPIWAe City of Prior Lake Dated this 26`" day of September, 2011. {City Sea]) . EP11-122 River Valley Veterinary Clinic 25-224-002-0 Please return document to: XCity of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake, MN 55372 1~ U 4646 Dakota Street SE Prior Lake, MN 55372 CONDITIONAL USE PERMIT RESOLUTION 11-07PC A CONDITIONAL USE PERMIT TO ALLOW A BUILDING ADDITION TO AN ANIMAL HANDLING LAND USE IN THE C-2 (GENERAL BUSINESS) ZONING DISTRICT WHEREAS, The Prior Lake Planning Commission conducted a public hearing on September 205, 2011, to consider an application from R.A. Kot Homes Inc. to allow a building addition to an Animal Handling Land Use in the C-2 (General Business) Zoning District; 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. Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of commerce, industry and population" and to "maintain high standards in the promotion and development of commerce and industry." This proposal will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. Another objective of the Comprehensive Plan is to "enact and maintain policies and ordinances to ensure the public safety, health and welfare." The proposed Animal Handling Land Use would appear consistent with these policies. 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 Nvww.cityofpriorlake.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 1102.1103 (11) of the Zoning Ordinance allows an Animal Handling Land Use within the C-2 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. 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 facility is separated from adjacent residential properties by a County Highway and over 170 feet of distance. 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 applicant has submitted site plans prepared by a civil engineer which identify existing and proposed site design and landscaping. 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 plans prepared by a civil engineer which illustrate existing and proposed drainage and utility details for the site. 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 and adherence to the conditions outlined in Section 1102.1103 (11) of the Zoning Ordinance. 3. The CUP is hereby approved, subject to the following conditions: a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after approval. b) Prior to any grading on the site, the applicant shall meet requirements set forth by the City Engineering Department in the memorandum dated September 12, 2011. c) Prior to approval of a building permit, the applicant shall meet requirements set forth by the City Community & Economic Development Department in the memorandum dated September 22, 2011. d) The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. e) Conditions outlined in Section 1102.1143 (11) of the City Code, related to Animal Handling as a use permitted by a Conditional Use Permit, shall be adhered to. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow a building addition to an Animal Handling Land Use within the C-2 (General Business) Zoning District. The contents of Planning Case File #EP 11-122 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 26'h day of September, 2011. Paul Perez, Acting Comna0sion Chair AT Dari Rogness, Com uni & Economic Development Director