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Home My WebLink About16-08PC Resolution - Summit Preserve CUP Receipt:# 561545 Al 014276 CUP $46.00 GReturn to: PR OR LAKE CITY" i IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 11/9/2016 10:45 AM Office of the County Recorder Scott County,Minnesota James L Hentges,County Recorder 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 16-08PC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CLUSTER HOUSING IN A MEDIUM DENSITY RESIDENTIAL (R-2) USE DISTRICT i JaffMatzke City of Prior Lake Dated this 20th da of June, 2016. PID 25-924-001-0, 25-924-001-2, 25-924-001-4, 25-924-002-1, 25-924-002-2, 25-924-002-4 Return to and drafted by: City of Prior Lake Community and Economic Development Department ,I' 4646 Dakota Street SE ,, o'. Prior Lake,MN 55372 � J i o� PRI() ti U 4646 Dakota Street SE 'yr so-0 Prior Lake, N4N 55372 RESOLUTION 16-08PC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CLUSTER HOUSING IN A MEDIUM DENSITY RESIDENTIAL(R-2) USE DISTRICT Motion By: Tieman Second By: Kallberg WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 20,2016,to consider a request from Summit Preserve, LLC to approve a Conditional Use Permit(CUP)to allow Cluster Housing in the Medium Density Residential (R-2) Use District at the following property: That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota lying westerly of the following described line: Beginning at a point on the south line of said East Half of the Southeast Quarter distant 993.34 feet west of the southeast corner;thence northerly to a point on the north line of said south 1319.00 feet distant 989.97 feet west of the northeast corner of said south 1319.00 feet and there terminating.AND That part of the east 500 feet of the West half of the Southeast Quarter of Section 24,Township 115, Range 22, Scott County, Minnesota lying south of the north 1500.00 feet of said West Half of the Southeast Quarter, EXCEPTING THEREFROM the South 495 feet of the West 440.00 feet of the East 500.00 feet of the West Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota. AND The south 495 feet of the West 440.00 feet of the East 500.00 feet of the West Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota. AND That part of the West Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota lying South of the North 2030.00 feet and West of the East 500.00 feet of said West Half of the Southeast Quarter. AND That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota,described as follows: Beginning at the point on the South line of said East Half of the Southeast Quarter distant 662.23 feet West of the Southeast corner;thence Westerly along said South line a distance of 331.11 feet; thence Northerly to a point on the North line of said South 1319.00 feet distant 989.97 feet;West of the Northeast comer of said South 1319.00 feet;thence Easterly along said North line a distance of 329.99 feet;thence Southerly to the point of beginning. AND That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota,described as follows: Beginning at a point on the South line of said East Half of the Southeast Quarter distant 331.11 feet West of the Southeast corner;thence Westerly along said South line a distance of 331.12 feet;thence Northerly to a point on the North line of said South 1319.00 feet distant 659.98 feet West of the northeast corner of said South 1319.00 feet;thence Easterly along said North line a distance of 329.99 feet;thence Southerly to the point of beginning. act a? Sy�yGC/ (PID W,924-OOH,25-924-001-2,25-924-001-4,25-924-002-1,25-924-002-2,25-924-0024) 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 request; and WHEREAS, The Planning Commission has reviewed the application for the CUP and held a hearing thereon on June 20, 2016; 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 Subsection 1102,503 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein.The Planning Commission hereby adopts the following findings per Subsection 1108.202 of the Prior Lake Zoning Ordinance: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The 2030 Comprehensive Plan establishes a goal related to housing quality and diversity whereby Objective#1 states"provide opportunities for a variety of affordable high quality housing", and Objective #2 states "maintain a choice of and encourage development of quality residential developments".. b) The use will not be detrimental to the health,safety, morals and general welfare of the community as a whole. 1 Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The proposed housing development meets the needs of(future) residents in Prior Lake. 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. Subsection 1102.503 allows Cluster Housing in the R-2 Use District;furthermore, this type of housing is beneficial to achieving the minimum housing density range for that district. 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;government services exist within the area to serve the project. 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 since those properties are either residential or vacant. 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 Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. 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 Planning Commission. The applicant has submitted professional engineering plans prepared by a civil engineer which design for adequate drainage and utility details to be located within the site. h.) The use is subject to such other additional conditions which the Planning Commission 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 Planning Commission 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 Planning Commission. 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 are stated below. 2. The CUP is hereby approved,subject to the following conditions: a. The development of 122 Cluster Housing units shall be constructed according to the Preliminary Plat dated 6/10/16, as approved by the Planning Commission. b. The development of 122 Cluster Housing units is subject to approval by the Planning Commission of variances for minimum front yard setbacks of 5-feet(20 versus 25 feet)and for minimum lot depth of 120- feet(80 versus 200 feet). c. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. 2 d. The CUP is valid for one year,but is revocable at anytime 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. PASSED AND ADOPTED THIS 201h DAY OF JUNE, 2016. VOTE Fleming Kallberg Larson Petersen Tiernan Aye ® ® ® ❑ ® Bryan ZFI <:::Z� Nay ❑ ❑ ❑ ❑ ❑ Commission Absent ❑ ❑ ❑ ® ❑ ATTEST. Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness, Community&kqonomic Developm nt Director 3