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HomeMy WebLinkAbout14-04PC Prior Lake Hardware 16820 Duluth Avenue SE CUPDoc. No. A 958642 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 05-23-2014 at 11:10 Recpt.- 1540044 James L. Hentges, County Recorder 01 Fee- $ 46.00 X Bernard Carlson 3595 Island View Cir Prior Lake MN 55372 (This cover sheet is now a permanent Part of the recorded document) o� PRIO�i 14 U tr} 4646 Dakota Street SE 4r1tVWso"A Prior Lake,. MN 55372 RESOLUTION 14.04PC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES IN THE C-2, GENERAL BUSINESS USE DISTRICT Motion By Hite � WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 5, 2014, to consider a request from Prior Lake Hardware to approve a Conditional Use Permit (CUP) to allow outdoor sales in the C-2 (General Business) Zoning District at the following property: 16820 Duluth Avenue, Prior Lake, MN 55372 Lot 2, 810ck 2, Brooksville Center 2,d Addition, Scott County, Minnesota. (PID 25-177-005-0) 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 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 Subsection 1108.202 of the Prior Lake Zoning Ordinance NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKY, MINNESOTA as follows: 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 Pian. Two of the objectives of the Comprehensive Plan are to `determine and strive fora balance of commerce, industry and population" and to "maintain high standards in the promotion and development of commerce and industry." This proposal will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. Based upon review of the application, 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 surrounding community. 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. Subsection 1102. 1103, Subd. (8) of the Zoning Ordinance allows outdoor sales as a use permitted by conditional use permit within the C-2 Zoning District. The conditions set forth in the Zoning Ordinance shall 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. 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. The outdoor sales area will be within bins on existing bituminous pavement. Commercial business which maintain other outdoor sales areas are found in close proximity to the site. 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. In this case, the site plans design do not require preparation by a civil engineer. A registered land survey has been submitted for the site plan. 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. No exterior engineering plan modifications are currently proposed from the existing conditions on site. 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 1188.202. 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 approval of permits from other governmental agencies and adherence to the conditions outlined in Section 1102.1103 (8) of the Zoning Ordinance. The CUP is hereby approved, subject to the following conditions; a. All conditions of approval as identified in Subsection 9102.1103(8) are met, b. The applicant shall record the Conditional Use Permit at the Scott County Recorder's Office no later than sixty (60) days after approval. LA14 FILESM CUP'STrior Lake Hardware (DEV -2017-0010)105 C5 2014 Prier Lake Hardware CUP resoluVon.docx 2 c. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. d. A loading zone for the display/loading of the landscape materials shall be clearly defined separate from the parking area, PASSED AND ADOPTED THIS 5t' DAY OF MAY, 2014. YES NO Phelan Absent Phelan Blahnik X Blahnik Hite X Hite Larson X Larson S leler X Spieler Dan Rogness, Com nity & omic Development Director L314 FILEN4 CUP'SlPdor Lake Hardware (DEV -2017-0010)105 05 2014 Prior Lake Hardware CUP resolOon.dou 3 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copies of RESOLUTION 14-04PC A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES IN THE C-2, GENERAL BUSINESS DISTRICT Jef tzke City of Prior Lake Dated this 5th day of May, 2014. 16820 Duluth Avenue SE, Prior Lake, MN 55372 PID 25-177-005-0 Please return document to: City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake, MN 55372