HomeMy WebLinkAboutRes. 05-09PC Grading & Excavation CUP
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 05-09PC
A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION OF MORE THAN 400
CUBIC YARDS
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on June 13,
2005, to consider an application from The Shakopee Mdewakanton Sioux
Community to allow grading and fill of more than 400 cubic yards on property
located west of CSAH 83 and south of CSAH 42; 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 the grading and fill of more than
400 cubic yards 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.
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www.cityofpriorlake.com
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Phone 952,447.4230 / Fax 952.447.4245
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 and filling 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. During the grading and fill
work, 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.
The applicant will be required to submit a Letter of Credit in order to ensure compliance with
this requirement.
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. Prior to the issuance of a grading permit, the
applicant will be required to submit revised plans that meet the conditions outlined in the staff
report.
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.
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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 Storm Water Pollution
Prevention Plan, limiting hours of site work, the establishment of emergency overflow routes for
stormwater, and permits from other governmental agencies.
3. The CUP is hereby approved, subject to the following conditions:
a) The grading/fill must be done according to the approved plans.
b) 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.
c) Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and
8:00 a.m. to 12:00 noon on Saturdays.
d) The applicant must provide a Storm Water Pollution Prevention Plan.
e) Prior to any grading on the site, the applicant must obtain a temporary access permit from
Scott County.
f) Prior to any grading on the site, the applicant must meet all requirements as outlined in
the May 24, 2005 engineering memo from the Assistant City Engineer (attached).
g) Watering for dust control shall be done on an as needed basis or within 24 hours written
notice from the City. Such notice shall be transmitted by facsimile to the applicant. Dust
control includes the entire project area and is not limited to roadways. Water for dust
control shall be provided from an off-site source.
h) The CUP is valid for one year, 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. Any renewal of the CUP is
subject to City Council approval and is to include any information as requested by City
staff or the City Council that would aid the City Council in determining whether the
excavation activities conducted pursuant to this CUP created any adverse impacts to the
health, safety or welfare of the City or its residents.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow grading and fill of more than 400 cubic yards. The contents of Planning Case File #05-
147 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
Antho y Stamson, Commission Chair
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