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Home My WebLink AboutResolution 19-12PC - PDEV19-000025 - CUP - 4234 140th Street NW Receipt: # 632629 A1080358 CUP $46-00 RG-PRIOR LAKE CITY eturn to: I IIIIIII III 66DAKOTA ST E I Hill 111111111111111111 PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 11 /26/2019 8 : 34 AM Office of the County Recorder Scott County , Minnesota Julie K Hanson, 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 1942PC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT 4324 140TH STREET NW zke City of Prior Lake Dated this 23rd day of September 2019 . 4234 140th Street NW Abstract Property PID : 259230070 Return to and drafted by : City of Prior Lake Community Development Department 4646 Dakota Street SE Prior Lake, MN 55372 44 �y •' ® h i -1oo �I 4 i f O� PRION ti U rr� 4646 Dakota Street SE 'L'nv soz�' Prior Lake, MN 55372 RESOLUTION 19 - 12PC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AT 4324 140TH STREET NW Motion By : Tschetter Second By : Kallberg .WHEREAS , The Prior Lake Planning Commission conducted a public hearing on September 23 , 2019 , to consider a request from Parkhaven Holdings LLC to approve a Conditional Use Permit ( CUP ) to allow grading and land reclamation in excess of 400 cubic yards at the following property : 4234 140th Street NW ( PID 259230070) Legal Description : That part of the Southwest Quarter of the Southwest Quarter of Section 23 , Township 115 , Range 22 , Scott County , Minnesota , described as follows : Commencing at a point on the South line of said Southwest Quarter of the Southwest Quarter distant 995 . 98 feet West of the Southeast corner thereof; thence Northerly and parallel with the East line of said Southwest Quarter of the Southwest Quarter a distance of 779 . 72 feet to the actual point of beginning of the land to be described ; thence Easterly and parallel with said South line a distance of 409 . 97 feet ; thence Northerly and parallel with said East line a distance of 531 . 63 feet to the North line of said Southwest Quarter of the Southwest Quarter; thence Westerly along the North line a distance of 409 . 98 feet to its intersection with a line drawn Northerly from the point of beginning and parallel with said East line of the Southwest Quarter of the Southwest Quarter; thence Southerly along said parallel line to the point of beginning . EXCEPT that part which is denoted and shown as Parcel 8 on Scott County Right of Way Plat No . 58 , according to the recorded plat thereof on file in the Office of the County Recorder in and for Scott County , Minnesota , 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 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 . 1 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 . 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 . 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 former approved plans prepared by a civil engineer which illustrate existing and drainage and utility details for the site . 2 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 . 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. e . The applicant shall provide a security for all tree removals in accordance with the Tree Preservation City Code (Section 1107 . 2100 ) f. The applicant shall revise the plans in accordance with the September 16 , 2019 , 2018 City Public Works Dept . Memorandum . PASSED AND ADOPTED THIS 23RD DAY OF September 20 VOTE Fleming Kallberg Ringstad Tschetter Tieman Aye Bryn Flemi g , Com ission Chair Nay ❑ ❑ ❑ ❑ ❑ Attest : ��-- Absent ❑ ❑ ❑ ❑ ❑ Casey McCabe , Community Development Director Abstair ❑ ❑ ❑ ❑ ❑ 3