HomeMy WebLinkAboutResolution 24-04PC 5714 Graystone Court SE CUP O� PRIO r
H
U
4646 Dakota Street SE
`�iNrrEso��` Prior Lake, MN 55372
RESOLUTION 24-04PC
A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW GRADING AND
LAND RECLAMATION IN EXCESS OF 400 CUBIC YARDS AND CLASS II OUTSIDE
STORAGE AT 5714 GRAYSTONE COURT SE
Motion By: Kallberg Second By: Johnson
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 13,
2024 to consider a request Michelle Choudek to approve a Conditional Use Permit
(CUP) to allow:
1) Grading and land reclamation in excess of 400 cubic yards
2) Outdoor Storage, Class II
at 5714 Graystone Court SE, Prior Lake, MN 55372. The property is legally
described as:
Lot 1 Block 1, Deerfield Industrial Park 31 Addition (PID 254280010); 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 Subsection 1151.200 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.
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.
One goal of within the 2040 Comprehensive Plan is to "maintain and promote safe, sound,
and connected land use." A purpose of the 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.
1
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 Code and the Use
District in which the Conditional Use is located.
Section 1140.600 of the Zoning Code allows Grading, Filling and Land Reclamation of
over 400 cubic yards as a Conditional Use within any zoning district. Outdoor Storage,
Class 11 is a conditional use in the C-3 zoning district. The conditions set forth in the Zoning
Code 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 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.
The grading is related to the construction of a storage area and parking lot. A Site plan is
on file with 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 applicant has submitted a civil site plan with details.
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 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 Resolution. These conditions include approval
of permits from other governmental agencies and approval of a City grading permit and a
CUP for Outside Storage, Class 11.
3. The CUP for grading is hereby approved, subject to the following conditions:
a. The filling and removal must be done according to plans approved by the City
Engineering Department.
2
b. The cleanup of fill material resulting from 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 an 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.
4. The CUP for Outdoor Storage, Class II is hereby approved, subject to the following
conditions:
a. Outdoor storage areas shall be screened by a 100% solid fence or wall of at
least 6 feet in height. Privacy slats, wind screening or other fence inserts,
commonly used with chain link fencing, shall not be used to achieve this
screening requirement.
b. All outdoor storage areas adjacent to a residential Zoning District shall meet
the required building setbacks for the Industrial Zoning District; in all other
instances outdoor storage shall meet the required parking setback.
c. Storage or parking of vehicles larger than one (1) ton capacity may be stored,
provided that such vehicles are used in connection with a business located in
the principal structure on-site and are screened from view of adjacent
residential property and public streets in accordance with the landscaping and
screening requirements of the Zoning Code.
d. A permit will be required for any wall exceeding four feet.
PASSED AND ADOPTED THIS 13th DAY OF MAY 2024.
VOTE Ringstad Tschetter Kallberg Johnson Tennison
Aye NTI 9—
Nay ❑ El El El ElJas schetter, Commission Chair
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑ ATTEST:
Casey McC e, Community Development Director
3