HomeMy WebLinkAboutRes. 05-07PC Dewitte Denial of Off-Site Parking CUP
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-07PC
A RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ALLOW AN OFF-SITE, FREE-STANDING
PARKING LOT AS AN ACCESSORY PARKING AREA FOR THE DEWITTE ACCESS
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on May 23, 2005, to
consider an application from the Minnesota Department of Natural Resources to allow an off-
site, free-standing parking lot as an accessory parking area for the DeWitte Avenue access;
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 for a parking lot; and
The Planning Commission finds the CUP for a parking lot in conflict with the existing
development in the area surrounding the project; and
The Planning Commission finds the proposed CUP is inconsistent with the stated purposes
and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further,
that the proposed CUP does not meet 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 THE CITY 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.
One of the objectives of the Comprehensive Plan is to "enact and maintain policies and ordinances to
ensure the public safety, health and welfare." The location of the existing access already causes
congestion and parking problems on the residential streets. The proposed parking lot may aggravate
this problem.
b. The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
The use will be detrimental to the health, safety, and general welfare of the community as a whole
because the additional parking may worsen the existing congestion. There are no conditions that will
mitigate this problem.
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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.
Two of the listed purposes of the Zoning Ordinance are to "provide adequate off-street parking and
loading facilities" and to "promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas." The proposed use is inconsistent with these goals, in
that the additional parking may cause further congestion.
d. 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 comply with the uses will not over burden municipal 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 Zoning Ordinance places conditions on free-standing parking lots that are intended to protect the
use and enjoyment of properties in the "R" use districts. However, none of these conditions will alleviate
the existing or additional congestion in the 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 City Council and incorporated as part of the conditions
imposed on the use by the City Council.
The parking lot will be screened by fencing and landscaping on the south and east sides.
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 applicant has submitted very basic plans for the proposed parking lot. These plans do not address
the congestion of the area.
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.
There are no conditions that would mitigate the impacts of this proposal.
3. Section 1102.503 lists the specific criteria for free-standing parking lots in the R-2 district. These criteria are
discussed below:
a. The parking lot must be accessory to an existing nonresidential or recreational use located within
the same Zoning Use District.
The parking lot is intended for overflow parking from the DeWitte access, an existing recreational use.
b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use.
The parking area is located within 500' of the existing access.
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c. The parking lot must meet all the provisions listed in Section 1107.203 (11),1107.203 (13), and all of
Section 1107.204.
These provisions are the design criteria for parking areas. This proposal meets those requirements.
d. No storage of any kind is permitted on the site.
No storage will be allowed on this site.
e. No structures are permitted on the site.
No structures are permitted on the site.
4. The Conditional Use Permit is hereby denied on the property legally described as follows:
Lot 7, Block 1, Vale Addition.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby denies a Conditional Use Permit for a
free-standing parking lot. The contents of Planning Case File #EP05-144 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 13th day of June, 2005.
Anthony Stamson, Commission Chair
ATTEST:
Jane Kansier, Planning Director
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