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HomeMy WebLinkAbout16-14PC Resolution - SMSC CUP Receipt:# 561665 A1014446 CUP $46.00 4Return to: G-PRIOR LAKE 646 DAKOTA TI E I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 11/14/2016 8:58 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 16-14PC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS IN THE (R1-SD) LOW DENSITY SHORELAND ZONING DISTRICT f Matzke City of Prior Lake Dated this 181h day of July, 2016. PID's: 25-904-016-0, 25-904-017-0, 25-904-018-0, 25-904-019-0, 25-905-017-0,25-905-018-0, 25-905-020-0. Return to and drafted by: City of Prior Lake Community and Economic Development Department W161111s"'t 4646 Dakota Street SE Q P R j ''�� ,, Prior Lake, MN 55372 `moo ,�F�•�.,,., �1� v v 90 c pl O� PRIp+P U 4646 Dakota Street SE '4rnnvaso0 Prior Lake, MN 5 53 72 RESOLUTION 16-14PC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS Motion By: Petersen Second By: Kallberg WHEREAS, The Prior Lake Planning Commission conducted a public hearing on July 18, 2016, to consider a request from Shakopee Mdewakanton Sioux Community for a Conditional Use Permit (CUP) to allow grading and land reclamation of a property in the R1-SD (Low Density Residential Shoreline District at the following property: The property is legally described as follows: Parcel 1: The North One-Half of the Southwest Quarter(N Y2 of SW'/)of Section 33,Township 115, Range 22, Scott County, Minnesota, EXCEPT the following described tracts: Tract 1:A tract on the West side of the Northwest Quarter of the Southwest Quarter, said tract to be 2 rods wide and 40 rods more or less in length beginning at the Northwest corner of said Southwest Quarter and running south along said west line of said Southwest Quarter until it intersects the Shakopee and Spring Lake Road, the same to be used for road purposes, all in Section 33,Township 115, Range 22. Tract 2:A tract of land in the Southwest Quarter of Section 33,Township 115, Range 22, described as follows: Commencing at the Northwest corner of said Section 33,thence South along the West line of said Section 33,2939.6 feet to the actual point of beginning;thence continuing South 401.4 feet to the north right of way of County Road 10;thence Southeasterly along said right of way 108.0 feet; thence Northeasterly at right angles to said County Road 10, 105.0 feet; thence Northwesterly parallel to said County Road 10,492.4 feet to the actual point of beginning. Tract 3: The North 26.66 rods(or 440 feet)of the North Half of the Southwest Quarter, Section 33, Township 115, Range 22. Parcel 2: All that part of the Southwest Quarter of the Southwest Quarter(SW Y4 of SW'/)of Section 33, Township 115 North, Range 22 West, Scott County, Mjnnesota, I ing Northerly of County Road 81, as now located, except the East 180 feet thereof. ".` Parcel 3: The Easterly 180 feet of that part of the SW1/4 of the SWIM of Section 33,Township 115 North, Range 22 West,according to the United States Government Survey thereof and situate in Scott County, Minnesota, lying Northerly of the center line of County Road No. 14 and now laid out. 2002© Parcel 4: The East 66 feet of the Southwest Quarter of the Southwest of Section 33,Township 115, Range 22, Scott County, Minnesota, 25 0� ®(') lying South of the centerline of County Road No. 81. Parcel 5: Together with that part of the West 66.00 feet of the East 132.00 feet of the Southwest Quarter of the Southwest Quarter of Section 33,Township 115 Range 22, Scott County, Minnesota, lying southerly of the centerline of County Road No. 81. X54 33 0 61 3 Parcel 6: That part of the Southwest Quarter of the Southwest Quarter of Section 33,Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the southwest corner of said Southwest Quarter of the Southwest Quarter;thence North 89 degrees 12 minutes 12 seconds East (assumed bearing)along the south line of said Southwest Quarter of the Southwest Quarter a distance of 1135.15 feet to the west line of the east 198.00 feet of said Southwest Quarter of the Southwest Quarter;thence northerly along said west line of the East 198.00 feet a distance of 744 feet more or less to the centerline of County Road No. 81;thence northwesterly along said centerline to its intersection with a line drawn North 43 degrees 22 minutes 02 seconds East from the point of beginning;thence South 43 degrees 22 minutes 02 seconds West a distance of 1276.41 feet to the point of beginning. a 55 3 00 16 Parcel 7: The West 66 feet of the East 198.00 feet of the Southwest Quarter of the Southwest Quarter of Section 33,Township 115, Range 22, Scott County, Minnesota, lying Southerly of the centerline of County Road No. 81. a5 9a300116 Parcel 8: The Northwest Quarter of the Northwest Quarter of Section 4,Township 114, Range 22 Scott County, Minnesota. Parcel 9: Government Lot 1,Section 5,Township 114, Range 22, Scott County, Minnesota. PID:-'-5=9 e4-04&--&25--%4-01-7-0-, 25=904=ell fl,25 90 25-905-017-0;25-905-018-0;25-905- 020-0) Abstract Property 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 Subsection 1108.202 of the Prior Lake Zoning Ordinance I 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. 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 be detrimental to the health, safety, morals and general welfare of the community as a whole. 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. 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. 2 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. 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. A professional engineer has 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 Planning Commission. The applicant has submitted engineering plans identifying locations of utilities. 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 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 plans stamped approved by the City Engineering Dept. 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 Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. d. 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 Engineering and Public Works Staff dated July 14, 2016 3 e. The CUP is valid for one year for land reclamation, 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. PASSED AND ADOPTED THIS 18TH DAY OF JULY, 201 VOTE Fleming Larson Petersen Kallberg Tiernan Aye N' l� `j� T ❑ Bry Flem g, Nay ❑ ❑ ❑ ❑ ❑ Com ' si C Absent ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ ATTEST: Dan Rogness, Community&Ec omic Develop m t Director I 4