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Home My WebLink About08-06PC 4741 Tower St CUP Doc. No. A 805254 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on - 07-29-2008 at 03:40 Receip#:000000 Pat Boeckrnan, County Recorder 05 Fee: $ 0.00 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planning Secretary for the City of Prior Lake,hereby certifies the attached hereto is the original true and correct copy of CONDITIONAL USE PERMIT RESOLUTION 08-06PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR ADDITIONAL HEIGHT OF PROPOSED 800 MHz ANTENNAS ON A TOWER IN THE R-4 (HIGH DENSITY RESIDENTIAL) ZONING DISTRICT r Connie Carlson .� City of Prior Lake Dated this 29th day of July, 2008. n (City Sea]) Scott County 08-115 4741 Tower Street 25-902-024-4 Please return document to: City of Prior Lake Attn: Connie Carlson 4646 Dakota Street SE Prior Lake,MN 55372 IQeptwrn�lblenkRmltr4ecupy.da 1 b4 PRt04 4646 Dakota Street S.E. h U Prior lake, MIN 55372-1714 " as�P CONDITIONAL USE PERMIT RESOLUTION 08-06PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR ADDITIONAL HEIGHT OF PROPOSED 800 MHz ANTENNAS ON A TOWER IN THE R4(HIGH DENSITY RESIDENTIAL)ZONING DISTRICT MOTION BY: BILLINGTON SECOND BY: RINGSTAD WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 27, 2008, to consider an application from Scott County for a Conditional Use Permit (CUP) to allow for additional height of proposed 000 MHz antennas on a lower;and 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 approved the CUP with specific conditions;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 Section 1108.202 of the Zoning Ordinance. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL 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 oeneral criteria utilized to review a CUP application. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the objectives of the Comprehensive Plan is to "maintain orderly development of and access to utilities'and to "keep abreast of developments in communications and information technology and potential impacts on City development" This proposal is consistent with the goals, objectives,and policies of the Comprehensive Plan in that it provides a location for improved technology. (2) The use will not be detrimental to the health,safety,morals and general welfare of the community as a whole. The use will not be detrimental to the health,safety,and general welfare of the community as a whole. In fact,if approved, the antennas would provide for increased safety to the community. (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. Antennas are a permitted use the Residential Zoning Districts. According to Section 1110.503 of the City Code. L.06 FILESwe CUP'SlSmIt County Rad&4 dudon.doc wwwcityofpriorlake.com Pagel Phone 952.447.9800 / Fax 952.447.4245 (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. The proposed use will not have undue adverse impacts on governmental 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 use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. The stick and microwave antennas are thin and lend themselves to not standing out visually to uses in close proximity. The plans will need to be revised to provide adequate screening around the base of the equipment building. (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. Landscaping will be required around the base of the equipment building. (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. The plans have been prepared by a registered engineer. (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 the recommended conditions or attach additional conditions as they deem appropriate to protect the general welfare,public safety,and neighborhood character. The Conditional Use Permit is hereby approved on the property legally described as follows: S 5 0.;00J yc7 That part of the West''%of the Southeast''/.Section 2,Township 114,Range 22,Scott County, Minnesota described as follows: Beginning at a point on the East line of said West%of the Southeast I/distant 440 feet Northerly of the Southeast comer thereof;thence Westerly parallel to the South line of said West'%of Southeast I/a distance of 180 feet; thence Northerly parallel to said East line a distance of 240 feet;thence Easterly parallel to said South line a distance of 180 feet to the East line of said West%;thence Southerly along said East line to the point of beginning. TOGETHER WITH an easement for ingress and egress over the following two described strips of land:A strip of land 60 feet in width the center line of the West'//of the Southeast%s distant 410 feel Northedy of the Southeast corner of said West%of Southeast'/.;thence Westerly parallel to the South line of said West%of Southeast%to the intersection with a line parallel with and distant 850 feet Westerly of the East line of said Westl12 of Southeast %and there terminating said 60 foot strip;thence continuing with a strip of land 50 feet in width the center line of which is described as follows: Beginning at the above described termination point of 60 strip;thence Northerly parallel to the East line of said West%of Southeast quarter a distance of 1157.6 feet to the Southerly right of way line of State Trunk Highway No. 13 and there terminating. L,0 FILES1o6 C1JP'818mtt Canty Raft1molutim.dw Page 2 The Conditional Use Permit is hereby approved subject to the following conditions: 1. The applicant must receive a building permit prior to any construction on the site. 2. The applicant shall revise the plans to incorporate landscaping around the base of the equipment building to provide enhanced screening. 3. Once the City's consultant completes the review of the proposed engineering plans, the applicant shall make any necessary corrections to the plan. CONCLUSION Based upon the findings set forth above,the Planning Commission hereby grants an amended Conditional Use Permit to allow for additional height of proposed 800 MHz antennas on a tower. The contents of Planning Case Files#EP08-115 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 27� day of May, 2008. /f J ,— Vaughn/LAke, Commission Chair ATTEST: Danette Waldrers-Moore,Community Development&Natural Resources Director L1m8 FILEN8 CUP'Woott County Rad'a4esolution.doc Page 3