Loading...
HomeMy WebLinkAboutRes. 05-25PC Loading Area for Shakopee Mdewakanton Sioux Community 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CONDITIONAL USE PERMIT RESOLUTION 05-25PC A CONDITIONAL USE PERMIT TO ALLOW A PARKING I LOADING AREA FOR A FUTURE EVENT CENTER WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 27, 2005, to consider an application from The Shakopee Mdewakanton Sioux Community to allow a loading, parking, and landscaping area 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 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 concerns. b. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. 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. L:\05 FILES\05 CUP\SMSC Event Center\cup resolution. DOC Page 1 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 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 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, services, and improvements. During construction, 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 additional information and meet conditions as specified in the June 13, 2005 Engineering Department memo (attached). In addition, the applicant will be required to submit a Letter of Credit for the proposed landscaping. 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. 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. 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 hours of operation, a landscaping Letter of Credit, and the need for building permits. L:\05 FILES\05 CUP\SMSC Event Center\cup resolution.DOC Page 2 3. The CUP is hereby approved, subject to the following conditions: a. An Irrevocable Letter of Credit, on a form prepared by the City and approved by the City Attorney, is to be submitted prior to the recording of the resolution. The amount of the LOC is for 125% of the cost of the landscaping. Bids or estimates for the required landscaping must be submitted to the City for review and approval. b. A building permit is required for the pedestrian underpass and the pedestrian stairways, which will need to be engineered by a structural engineer licensed in the State of Minnesota. c. Provide revised submittal material to address the Engineering Department comments dated June 13, 2005 (attached). d. The clean up of gravel as a result of spills or general transportation of gravel on any public road shall be the responsibility of the applicant. e. 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. f. 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- 168 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 27~ day of June, 2005~ Anthony Stamson, Commission Chair L:\05 FILES\05 CUP\SMSC Event Center\cup resolution.DOC Page 3