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HomeMy WebLinkAboutRes. 05-19PC Busse Student Transportation Outdoor Storage CUP CONDITIONAL USE PERMIT RESOLUTION 05.19PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1.1 (GENERAL INDUSTRIAL) ZONING DISTRICT WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: The Prior Lake Planning Commission conducted a public hearing on August 22, 2005 and October 24, 2005, to consider an application from Busse Student Transportation for a Conditional Use Permit (CUP) to allow outdoor storage; 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 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: Section 1108.200 of the City Code sets forth the aeneral criteria utilized to review a CUP application. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the objectives of the Comprehensive Plan is to "maintain high standards in the promotion and development of commerce and industry." A policy supporting this objective is to "maintain proper physical site screening and landscaping standards." The outdoor storage is consistent with the goals, objectives, and policies of the Comprehensive Plan provided it compiles with the conditions of approval. (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 provided all conditions of approval are met. L:\05 FILES\05 CUP\Busse Student Transportation\resolution3.DOC Page 1 (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 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 'C-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. (4) 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 uses will not over burden municipal facilities. (5) 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. (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 landscape plan was prepared by a licensed landscape architect. (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. A registered civil engineer prepared drainage and utility plans for the site plan application. (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 recommended conditions or attach additional conditions, as they deem appropriate to protect the general welfare, public safety, and neighborhood character. L:\05 FILES\05 CUP\Busse Student Transportation\resolution3.DOC Page 2 The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 3, Block 3, Deerfield Industrial Park 2nd Addition, Scott County, Minnesota. The Conditional Use Permit is hereby approved subject to the following conditions: a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission approval. b) A plan must be provided that details the materials used for the construction of the fence and gates to the enclosure area. c) A zoning permit shall be issued prior to the installation of the fence. d) All vehicles within the outdoor storage area must be licensed and registered. e) A sign permit application must be submitted to the City prior to the installation of any signage on the site. f) Revise the plans to address comments detailed in the City Engineers August 17, 2005 memo. g) Revise the lighting plan to show light spill not exceeding 1.0 at the property line. h) All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be met. i) The plans must be revised to show the access road as Granite Court. j) All buses with backup alarms shall only back into parking spaces at night/return of buses. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit for outdoor storage in the 1-1 district. The contents of Planning Case File # EP05-184 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 24th day of October, 2005. Anthony Stamson, Commission Chair ATTEST: Jane Kansier, Planning Director L:\05 FILES\05 CUP\Busse Student Transportation\resolution3.DOC Page 3