HomeMy WebLinkAboutRes. 05-16PC Rock Creek Designers Building Height CUP
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-16PC
A CONDITIONAL USE PERMIT TO ALLOW A BUILDING HEIGHT OF 42 FEET IN THE C-3
DISTRICT
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on
September 26, 2005, to consider an application from Rock Creek Designers
and Builders to allow a building height of 42' in the C-3 District; 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 CUP for a building height of 42 feet in
harmony with both existing and proposed development in the area
surrounding the project; 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 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 listed goals and objectives of the Comprehensive Plan is to "establish a
theme for positive identification for redevelopment of existing commercial areas in
focal locations, including, but not limited to, Gateway, Downtown and Priordale." This
proposal is consistent with these goals.
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b. The use will not be detrimental to the health, safety, morals and general welfare
of the community as a whole.
This use will not be detrimental to the health, safety and general welfare of the
community. The building will meet all applicable Building Code requirements.
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.
The design of the building is consistent with the provisions of the Zoning Ordinance.
d. The use will not have undue adverse impacts on governmental facilities,
services, or improvements which are either existing or proposed.
The streets and utilities to serve this development are in place. This use will not
adversely affect those services.
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 an adverse impact on the nearby properties.
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.
There is no landscaping required in the C-3 Zoning District.
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.
These plans will be submitted as part of the building permit review. The proposed
building will meet all City Code requirements.
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.
The Planning Commission may add any conditions deemed appropriate.
3. The Conditional Use Permit is hereby approved on the property legally described as
follows:
Lot 8, Block 3, Prior Lake, Scott County, MN.
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4. The Conditional Use Permit is hereby approved subject to the following condition:
a. The applicant shall record the resolution approving the Conditional Use Permit at
Scott County no later than 60 days after City Council approval.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional
Use Permit for a 42' building height in the C-3 District. The contents of Planning Case File
#EP05-196 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 26th day of September, 2005.
Anthony Stamson, Commission Chair
ATTEST:
Jane Kansier, Planning Director
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