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Home My WebLink About6A - CUP Cancellation - SMSC Compost Site 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: June 13, 2022 AGENDA #: 6A PREPARED BY: Ian Cochran, Planner PRESENTED BY: Ian Cochran AGENDA ITEM: CONSIDER THE CANCELLATION OF A CONDITIONAL USE PERMIT AL- LOWING OUTDOOR STORAGE OF COMPOST MATERIAL ON A PROPERTY LOCATED NORTH OF COUNTY ROAD 42 & WEST OF COUNTY ROAD 83, PID 259210011 & 259210013 DISCUSSION: Background The Shakopee Mdewakanton Sioux Community has filed a written statement re- questing cancellation of a conditional use permit allowing for outdoor storage of compost materials. The Conditional Use Permit was granted through resolution 05-20PC for the property located north of CSAH 42 and west of CSAH 83. The property in question has not been used for outdoor storage of compost materials for several years and so the CUP is no longer needed. CUP Cancellation Process Prior Lake’s zoning ordinance Subsection 1151.214(5) states a Conditional Use Permit shall be deemed cancelled upon the occurrence of the person holding the Conditional Use Permit issuing a written statement indicating the conditional use permit has been discontinued. Staff has received this statement and since condi- tional use permits are recorded against the title to the property via a resolution, any cancellation of a conditional use permit shall also be recorded against the title of the property via a resolution. Minnesota State Statute 462.3595 Subd. 3 Conditional Use Permits, states “A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of conditional uses.” ALTERNATIVE MO- TIONS: RECOMMENDED ALTERNATIVE: 1. Motion and second to approve a resolution cancelling Conditional Use Per- mit 05-20PC allowing for outdoor storage of compost materials. 2. Table this item and provide direction to staff. Alternative No. 1 ATTACHMENTS: 1. Resolution 22-14PC 2. Nov 14, 2005 Planning Commission Report 3. Signed & Recorded Resolution 05-20PC 4. Written Statement from SMSC 5. Location Map Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-14PC CANCELLATION OF A CONDITIONAL USE PERMIT ALLOWING OUTDOOR STORAGE OF COMPOST MATERIAL Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 14, 2005 to consider a Conditional Use Permit (CUP) application from The Shakopee Mdewakanton Sioux Community to allow outdoor storage of compost materials on property located north of CSAH 42 and west of CSAH 83 on PID 259210011 & 259210013; and WHEREAS, The Planning Commission found the proposed CUP was compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP met the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance; and WHEREAS, The Prior Lake Planning Commission approved the requested CUP on November 14, 2005 via Resolution 05-20PC; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, Subsection 1151.214(5) of Prior Lake City Code states a Conditional Use Permit shall be deemed cancelled upon the occurrence of the person holding the Conditional Use Permit issuing a written statement indicating the conditional use permit has been discontinued; and The Shakopee Mdewakanton Sioux Community has requested to cancel the CUP by providing a written statement to the City of Prior Lake indicating their conditional use permit has been discontinued, describing the land involved, and stating the resolution number under which the conditional use permit was granted; and On June 13, 2022, the Prior Lake Planning Commission considered the request of the Shakopee Mdewakanton Sioux Community to cancel the CUP to allow outdoor storage of compost materials; and The Prior Lake Planning Commission found the written request to cancel the CUP complies with Subsection 1151.214(5) of Prior Lake City Code and approved the request from the Shakopee Mdewakanton Sioux Community to cancel the CUP. 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 cancels the Conditional Use Permit approved via Resolution 05-20PC allowing outdoor storage of compost materials on property located north of CSAH 42 and west of CSAH 83, subject to the following condition: a. The resolution of approval of the Cancellation of the Conditional Use Permit shall be recorded at the Scott County Recorder’s Office. PASSED AND ADOPTED THIS 13th DAY OF JUNE, 2022. David Tieman, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Tieman Kallberg Ringstad Tschetter Fleming Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ STATE OF MINNESOTA) ss. COUNTY OF SCOTT ) Doc. No. A 724754 OFFICE OF THE COUNlY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 12-22-2005 at 11: 00 Receipt: 000000 Pat Boeckman, County Recorder 04 Fee: $ 46.00 The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of CONDITIONAL USE PERMIT RESOLUTION 05-20PC A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF COMPOST MATERIALS 05-216 SMSC Compost Connie Carlson XCity of Prior Lake Dated this 13th day of December, 2005 H\UJ;N#t~,/, , 3'~.).:)."C / 1"1: itf~<' f~;:<i/('~: \;~ . 1., t' ~ T ~~ " I':,/~ 1 1 '\\ \ i > I I:ldcptworklblankfrmllrue<:opy.doc 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CONDITIONAL USE PERMIT RESOLUTION 05.20PC A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF COMPOST MATERIALS WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 14, 2005, to consider an application from The Shakopee Mdewakanton Sioux Community to allow outdoor storage of compost materials on property located north of CSAH 42 and west of CSAH 83; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and 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 The Planning Commission finds the CUP to allow outdoor storage of compost materials in harmony with both existing and proposed development in the area surrounding the project; and The City Council 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 5, under the goal of Security, is to provide for conservation and protection of the natural environment. The policies include providing adequate regulation to prevent the development of endeavors which will create a hazard to the environment and to require developers to retain the natural environment as much as possible. The conditions set forth in this CUP address environmental hazards and limit impacts to the existing wetlands. 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. L:\05 FILES\05 CUP\SMSC Compost Site\cup resolution. DOC Page 1 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 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 1102.203 of the Zoning Ordinance allows Outdoor Storage as a Conditional Use within an agricultural use 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. 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 . 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. No construction and/or alteration of the site's design and landscape is proposed by the applicant. 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 plans have been prepared by a civil engineer. 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 a wetland protection buffer and Storm Water Pollution Prevention Plan. L:\05 FILES\05 CUP\SMSC Compost Site\cup resolution.DOC Page 2 3. The CUP is hereby approved, subject to the following conditions: a) The clean up of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. b) The applicant must provide a Storm Water Pollution Prevention Plan as required by the Minnesota Pollution Control Agency. c) A drainage plan for the site shall be approved by the City Engineer. d) A buffer strip of with a minimum of twenty (20) feet and average width of thirty (30) feet from the ordinary high water level of the wetland must be maintained around the entire wetland area. e) Monument signs shall be located at each parcel line where it crosses the wetland buffer strip and along the buffer strip as necessary to accurately define the edge of the buffer. The signs shall consist of a post and buffer strip sign and include warnings about disturbing the buffer strip. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow the establishment of a compost site. The contents of Planning Case File #05-216 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 14~ day of Novembe~ Anthony Stamson, Commission Chair L:\05 FILES\05 CUP\SMSC Compost Site\cup resolution.DOC Page 3 Phone 952.447.9800 / www.PriorLakeMN.gov 4646 Dakota Street SE Prior Lake, MN 55372 Written Request for Cancellation of Conditional Use Permit granted by Resolution 05-20PC 259210013 2260 140TH ST, PRIOR LAKE, MN, 55372 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community, Scott County GIS May 17, 2022 0 0.45 0.90.23 mi 0 0.75 1.50.38 km 1:28,827 Scott County Property Information