HomeMy WebLinkAbout00-58 CONDITIONAL USE PERMIT
RESOLUTION 00-58
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING ON
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TOWER
STREET AND TORONTO AVENUE FOR AFFORDABLE HOUSING SOLUTIONS, INC.
MOTION BY: PETERSEN SECOND BY: GUNDLACH
WHEREAS, the Prior Lake Planning Commission conducted public hearings on February 28,
2000, March 13, 2000, and March 27, 2000, to consider an application from
Affordable Housing Solutions Inc. for a Conditional Use Permit (CUP) to allow the
construction of a multi-family dwelling; and
WHEREAS, Notice of the public hearing on said application for a CUP has been duly
published in accordance with the applicable Prior Lake Ordinances and State
Statute; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue
and persons interested were afforded the opportunity to present their views and
objections related to the CUP for Affordable Housing Solutions Inc.; and
WHEREAS, On April 17, 2000, the City Council reviewed the request and continued the item
to allow the applicant the opportunity to address four specific issues raised by the
City Council pertaining to the Conditional Use Permit application; and
WHEREAS, the Planning Commission and City Council find the CUP for a 43 unit multi-family
dwelling located at the south east intersection of Tower Street and Toronto
Avenue for Affordable Housing Solutions Inc. is in harmony with existing
development in the area surrounding the project; and
WHEREAS, the four issues raised by the City Council include 1) alternatives for storm water
run-off, 2) providing a sidewalk along Tower Street, 3) providing fencing along the
top of the retaining walls, and 4) redesigning the parking area to reduce left turns
in and out of the site onto Toronto Avenue; and
WHEREAS, on June 5, 2000, the applicant addressed these issues to the satisfaction of the
City Council; and
WHEREAS, the Planning Commission and City Council find 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 and Section 1102.703
(1) Multi-family Dwellings (Uses Permitted with a Conditional Use Permit of the
Zoning Ordinance).
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~a§~e cree}~ Ave. ~.e., tmor t_mm, Minnesota 55372-1714 / Ph. (612) 447-4230 / ~aa~(~612) 447-4245
AN EQUAl OPPORTUNITY EMPLOYER
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. The recitals setforth above are incorporate herein as if fully setforth.
2. The Conditional Use Permit applies to the following legally described property:
Lot 2, Block 3, Brooksville Center 1st Addition, according to the recorded plat thereof
on file and of record in the office of the County Recorded, Scott County, Minnesota,
except the westerly 80. O0 feet thereof.
3. The City Council hereby adopts the following findings:
a) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
b) The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
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.
d) The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
e) The use subject to conditions as sefforth herein, will not have undue adverse impacts
on the use and enjoyment of properties in close proximity to the conditional use.
f) The use subject to conditions as setforth herein is compatible with the general welfare,
public safety and neighborhood character.
4. The Conditional Use Permit is hereby approved subject to the following conditions
a) The developer agrees to manage the StOnT~ water run-off from the site by either one of
the following solutions:
i) Diverting the run-off to a ponding and drainage area on to a site located at the
comer of Toronto and Tower Streets that is the subject of a Purchase
Agreement between Nell Boderman and the United States Postal Service
("Post Office Property") the proposed post office site.
ii) Constructing a storm sewer line west along Tower Street to the City's NURP
pond located south of Tower Street.
b) The developer agrees to pay the cost associated with (i) or (ii) and agrees that
regardless of which option the applicant elects, the City's share of the improvement is
not to exceed $35,200.00.
c) The developer must submit all necessary plans for the stormwater improvements to
the City staff for approval
d) All necessary easement documents related to storage of stormwater drainage on the
Post Office property must be approved by the City Attorney.
e) The developer must enter into the City's standard development contract for the
installation of the necessary improvements prior to issuance of any type of permits.
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f) A grading permit must be issued and afl stormwater improvements on and off-site must
be completed prior to issuance of any building permit. In lieu of completion of this
work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota
bank, a LOC for 125% of the cost of improvements with the building permit. The
Irrevocable Letter of Credit is subject to the approval of the City Attorney. Afl work on
the storm water improvement must be completed prior to issuance of Certificate of
Occupancy.
g) Sidewalk must be installed along the property line on Tower Street.
h) A fence must be installed at the top of the retaining walls where height requirements
create a hazard to the use of the adjacent property to the east.
i) The parking lot must be redesigned to allow an entrance-only driveway from Tower
Street and an exit-only driveway onto Toronto Avenue.
j) Four additional shrubs must be planted in the bufferyard required along 170th Street.
k) An Irrigation Plan must be submitted.
I) The following issues in the engineering memo dated March 1, 2000 must be
addressed.
i) Provide a detailed traffic control plan to be implemented during utility
construction on Tower Street prior to utility construction.
ii) Show the location of the rock construction entrance on the plan.
m) Plans indicating hydrant locations and the 300' foot hydrant radius must be provided.
n) An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs,
tree preservation requirements. Estimates or bids must be submitted for the required
landscaping.
o) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping
emphasis on the bufferyatd on the east side (170th Street). The revised landscaping
plan must be approved by Planning Department staff. No Final Certificate of
Occupancy will be issued until the landscaping requirements are met.
p) An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the
approval of the Conditional Use Permit as required by the Zoning Ordinance, must be
signed by the applicant and afl property owners.
q) The resolution approving the CUP must be recorded on afl affected properties and
proof of such recording presented to the Planning Department.
5. The development of this site will occur according to the following schedule:
a) The Developer records the resolution approving the Conditional Use Permit with the
Scott County Recorder.
b) The Developer prepares plans and specifications addressing afl the Engineering and
Planning issues for review and approval by City staff.
c) The City Council reviews the final plans and approves a Development Contract
outlining the required improvements.
d) The developer provides the City with an easement agreement executed by the
appropriate parties, as required pursuant to the Paragraphs 4(a) and 4(d).
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