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Home My WebLink About06-153 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 06-153 Motion By: LeMair Second By: Erickson WHEREAS, Master Engineering Development and Construction is requesting a conditional use permit to allow outdoor storage in the 1-1 (General Industrial) Zoning District at the following location, to wit; Lot 1, Block 1, Deerfield Park 7th Addition, Scott County, Minnesota; and WHEREAS, The Planning Commission reviewed the application for a conditional use permit as contained in Case File 06-128, and held a public hearing thereon June 12, 2006 and July 10, 2006; and WHEREAS, The Planning Commission concluded the Conditional Use Permit was consistent with the criteria set forth in Section 1108.202 and Section 1102.1503(8) of the Zoning Ordinance, and approved the Conditional Use Permit subject to eleven conditions; and WHEREAS, An affected property owner appealed the decision of the Planning Commission; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 06-128 and Case File 06-157, and held a hearing thereon on August 21, 2006. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council finds that the requested Conditional Use Permit is consistent with the criteria set forth in Section 1108.202 and Section 1102.1503(8) of the Zoning Ordinance, subject to eleven (11) conditions. 3. The City Council upheld the Planning Commission's decision to approve the Conditional Use Permit subject to eleven (11) conditions: 4. The City Council makes the following findings: a) The decision of The Planning Commission was properly and timely appealed in accordance with Section 1108.210 of the City Code. . The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 06-128 and Case File 06-157, and held a hearing thereon on August 21, 2006. b) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. . Two of the objectives of the Comprehensive Plan are to "maintain high standards in the promotion and development of commerce and industry. 11 A policy supporting this objective . ~.city()fpriorl~lse.com Phone 952.447.4230 / Fax 952.447.4245 is to "maintain proper physical site screening and landscaping standards. 11 The outdoor storage is consistent with the goals, objectives, and policies of the Comprehensive Plan provided it compiles with the conditions of approval. c) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. · The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. d) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. . The purpose of the 1-1 use district is "to provide areas of the community that will allow general industrial uses that, due to their size and nature, would not conform to the 'e-5' Business Park Use District." Outdoor storage is appropriate for this district because of aesthetics. . One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability. " The proposed use is consistent with this goal, provided the site complies with all conditions of approval. e) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. . So long as all conditions of approval are adhered to, the use will not over burden municipal facilities. f) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. . The Zoning Ordinance places conditions on outdoor storage in the 1-1 use district to protect adjacent uses. Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity. g) 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. . A professional engineer prepared the site plan for the application. h) 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. . A registered civil engineer prepared drainage and utility plans for the site. i) 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 1:\CQUNCIL\RESOLUTI\PLANRES\2006\06-153 Uphold Outdoor StorageDOC 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. · The City Council has attached the listed conditions they deem appropriate to protect the general welfare, public safety, and neighborhood character. 5. The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 1, Block 1, Oeerfield Industrial Park 7th Addition, Scott County, Minnesota. 6. The Conditional Use Permit is hereby approved subject to the following conditions: a) Modify or relocate the outdoor storage area to allow for an adequate area between the wetland buffer and the outdoor storage fencing for the addition of a 3' high berm. b) Revise the landscaping plan to establish a minimum of 42 ten-foot coniferous trees along the top of the three-foot berm in a staggered fashion along the outdoor storage area to maintain a consistent visual screen. c) Limit hours of operation for the outdoor storage area from 6:00 a.m. to 7:00 p.m. Monday through Saturday. d) The applicant shall obtain all necessary permits for the storage of fuel tanks in the outdoor area prior to site plan approval. e) The applicant shall submit a certificate of survey verifying the proposed site improvements and proposed structure in relation the to wetland and easement boundaries. f) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council approval. g) A plan must be provided that details the design and materials used for the construction of the enclosed fenced area. h) A zoning permit shall be issued prior to the installation of the eight-foot high board-on-board fence. i) All vehicles within the outdoor storage area must be operable, licensed, and registered. j) Prior to site plan approval, the applicant shall submit revised plans reflecting plan changes and conditions as indicated. k) All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be met. 7. The contents of Planning Case File 06-128 and Planning Case File 06-157 are hereby entered into and made a part of the public record and the record of the decision for this case. PASSED AND ADOPTED THIS 21 ST DAY OF AUGUST, 2006. HauQen Dornbush Erickson leMair Millar YES X Absent X X X NO Hau~en Dornbush Erickson leMair Millar ru' Frank Bo&anager 1:\COUNCIL\RESOLUTIIPLANRESI2006106-153 Uphold Outdoor Storage.DOC