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Home My WebLink About Res. 05-186 CC Appeal STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of RESOLUTION 05-186 ! RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UP~OLDING THE PLANNING COMMISSION'S DECISION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1-1 (GENERAL INDUSTRIAL) ZONING DISTRICT #05-184 Busse Bus Transportation ;v-- Connie Carlson City of Prior Lake. " L Dated this 1st day of December, 2005 (City Seal) I:ldeptworklblonkfrmltruecopy.doc 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 05-186 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1-1 (GENERAL INDUSTRIAL) ZONING DISTRICT MOTION BY: Zieska SECOND BY: Petersen WHEREAS, Busse Student Transportation requested a Conditional Use Permit to allow outdoor storage on the property located on Granite Court, south of Adelmann Street and west of Revere Way within the Deerfield Industrial Park, zoned 1-1 (General Industrial), and legally described as follows: Lot 3, Block 3, Deerfield Industrial Park 2nd Addition, Scott County, Minnesota; and WHEREAS, The Planning Commission reviewed the application for a Conditional Use Permit as contained in Case File 05-184, and held a hearing thereon August 22, 2005 and October 24,2005; and WHEREAS, The Planning Commission concluded the Conditional Use Permit was consistent with the criteria set forth in Section 1108.202 and Section 1102.1503(8) of the Zoning Ordinance, subject to ten conditions; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 05-184 and Case File 05-199, and held a hearing thereon on November 21,2005. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that the requested Conditional Use Permit is consistent with the criteria set forth in Section 1108.202 and Section 1102.1503(8) of the Zoning Ordinance, subject to thirteen (13) conditions. 3) The City Council upheld the Planning Commission's decision to approve the Conditional Use Permit subject to thirteen (13) conditions: 4) The City Council makes the following findings: a. Jerry Hanson, appealed the decision of the Planning Commission in accordance with Section 1108.210 of the City Code. b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 05-184 and Case File 05-199, and held a hearing thereon on November 21,2005. c. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. r:\resoluti\planres\05-186 cup re outdoor storage in i-I (busse ).doc .t f . I k WWW.clyopnorae.com Page I Phone 952.447.4230 / Fax 952.447.4245 . One 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. d. 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. e. 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 'e-5' Business Park Use District." 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. f. 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 use will not over burden municipal facilities. g. 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 the use that are intended to protect the use and enjoyment of adjacent properties in the uR" use districts. The applicant has made modifications to the site plan to assist in alleviating adverse impacts to adjacent sites. The Council believes the site plan, screening, landscape plantings, and location of diesel and gasoline busses will provide mitigation. h. 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. . A professional engineer prepared the site plan for the application. i. 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. j. 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 stanr''3rds, conditions or requirements in this Ordinance are insufficient to achieve the objectives cor 'lined 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 r:\resoluti\planres\05-186 cup re outdoor storage in i-I (busse ).doc Page 2 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 City Council has attached the listed conditions they deem appropriate to protect the general welfare, public safety, and neighborhood character. 5) The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 3, Block 3, Deerfield Industrial Park 2nd Addition 6) 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 incorporated by reference herein. g. Revise the lighting plan to show light spill not exceeding1.0 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. k. The number of buses with the capacity to hold over 30 passengers will not exceed 53. I. The approved bus parking locations for buses with the capacity to hold over 30 passengers shall not encroach further to the west of what is specified on the approved site plan. m. A traffic mitigation plan shall be approved by staff prior to grading or building permit issuance for the site. 7) The contents of Planning Case File 05-184 and Planning Case File 05-199 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 21st day of November, 2005. YES NO Hauaen X Hauaen Fleminq X Flemina LeMair Absent LeMair Petersen X Petersen Zieska X Zieska {Seal} City Manager ?J. ~ r:\resoluti\planres\05-186 cup re outdoor storage in i-I (busse).doc Page 3