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HomeMy WebLinkAboutRes. 05-14PC Eagle Creek Development CUP 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CONDITIONAL USE PERMIT RESOLUTION 05.14PC APPROVING A CONDITIONAL USE PERMIT TO A MULTIPLE FAMILY DEVELOPMENT IN THE R.4 ZONING DISTRICT WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: PEREZ SECOND BY: LEMKE The Prior Lake Planning Commission conducted a public hearing on July 25, 2005, to consider an application from Eagle Creek Development for a Conditional Use Permit (CUP) to allow a multiple family development in the R-4 District; 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 approved the CUP with specific conditions; and 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 Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: Section 1108.200 of the City Code sets forth the Qeneral criteria utilized to review a CUP application. (1) 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 provide opportunities for a variety of affordable high quality housing options and to maintain a choice of and encourage development of quality residential developments. (2) 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. (3) 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 use requires a CUP within the R-4 Zoning District. The proposed site plan will be required to comply with all requirements of the Zoning Code prior to the recording of the CUP at the County or the issuance of a building permit. L:I05 FILESI05 CUPICourlwood VillagelresolutionDOC www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. The proposed use will not have undue adverse impacts on governmental facilities. The site is designed to connect to future storm sewer. All other public improvements (street, sewer, and water) are existing and capable of supporting the proposed building and site improvements. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. (6) 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 Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The landscaping plans were prepared by a registered landscape architect and as a condition of approval must be revised to meet all buffering and landscaping requirements. (7) 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 drainage and utility plans were prepared by a registered engineer. (8) 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 Planning Commission 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 Planning Commission. The Planning Commission may revise the recommended conditions or attach additional conditions as they deem appropriate to protect the general welfare, public safety, and neighborhood character. The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 1, Block 1, Courtwood Village, Scott County, Minnesota. The following items must be submitted within 30 days of approval, and prior to the recording the CUP resolution: a) Submit an irrigation plan. b) Revise the photometric lighting plan to show light spill to the property boundary. c) The applicant must revise the plans to show that a ground floor area of .35 is not exceeded. d) The landscaping plan will need to be revised to meet the minimum tree perimeter requirements. L:\05 FlLESl05 CUPICourlwood VillagelresolutionDOC Page 2 e) Prior to building permit issuance, the applicant shall submit revised plans reflecting changes and conditions as indicated in the staff report. f) The applicant will need to provide elevations for the building that detail the percentage of exterior materials being utilized. The Conditional Use Permit is hereby approved subject to the following conditions: a) The applicant must receive a building permit prior to any construction on the site. b) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after approval. c) The applicant must submit a sign permit for a sign permit prior to construction of the proposed sign. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit for a multiple family development in the R-4 Zoning District. The contents of Planning Case File # EP05-110 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 25th day of July, 2005. Anthony Stamson, Commission Chair ATTEST: Jane Kansier, Planning Director L:\05 FILES\05 CUP\Courlwood Village\resolutionDOC Page 3