HomeMy WebLinkAbout08-12PC 4520 Tower St SW CUP Doc. No. A 810065
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MIINNESOTA
Certified Fled and/or Recorded on
r
�- 10-10-2008 at 11:45 Receipt:735475
Pat Boeckrnan, County Recorder 01
STATE OF MINNESOTA) Fee: $ 46.00
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Community Development and Natural Resource
Secretary for the City of Prior Lake, hereby certifies the attached hereto is the original
true and correct copy of
CONDITIONAL USE PERMIT
RESOLUTION 08-12PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CAR WASH IN THE C-4
(GENERAL BUSINESS)ZONING USE DISTRICT
mx�i' u�
Connie Carlson
. '�-.•. City of Prior Lake
I t s tt� aj of October, 2008.
•; ,' V
11 al
08-134
Rubenzer CUP
4520 Tower Street SW
25-269-003-0 Please return document to:
City of Prior Lake
Attn: Connie Carlson
4646 Dakota Street SE
Prior Lake, MN 55372
1:k09 fiksM varianm\mbe=car washUnucopy.doc 1
04 PR/p�
a°` Y 4646 Dakota Street S.E.
u pC Prior lake, MN 55372-1714
'MMvesor" CONDITIONAL USE PERMIT
RESOLUTION 08.12PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CAR WASH IN THE C-4(GENERAL BUSINESS)ZONING USE
DISTRICT
MOTION BY: FLEMING SECOND BY: RINGSTAD
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on September 8, 2008,to consider
an application from Justin Rubenzer for a Conditional Use Permit(CUP)to allow a car wash in the
C-4(General Business)Zoning Use District;
WHERAS, The Prior Lake Planning Commission continued the September 8, 2008 public hearing to September
22,2008.
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 general criteria utilized to review a CUP application.
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to °determine and strive for a balance of commerce, industry and
population"and to'maintain high standards in the promotion and development of commerce and industry."
The car wash is located within an area designated for Community Retail Shopping (C-CC) uses. The C4 zoning is
consistent with that designation. According to the Comprehensive Plan,the C-CC category "envisions centers of a larger
scale, serving a broader area which may be proximate to residential development, but which by design and appropriate
limitations on the type and intensity of uses, feature effective transition to residential areas, vehicular access and aesthetic
harmony'
Another objective of the Comprehensive Plan is to 'enad and maintain policies and ordinances to ensure the public safety,
health and welfare.'
L108 FILESwe CUP'S1Rubenzer Car Washlapproval resoud0WVw.cftyofpriorIake,00rn Pagel
Phone 952.447.9800 / Fax 952.447.4245
The CUP process affords the opportunity to mitigate any potential impact on the adjacent properties, by placing conditions
on the use. This proposal will be consistent with the goals,objectives, and policies of the Comprehensive Plan provided it
complies with the conditions of approval,
(2) The use will not be detrimental to the health,safety,morals and general welfare of the community as a whole.
The uses will riot be detrimental to the health, safety, and general welfare of the community as a whole provided all
conditions of approval are met.
(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.
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.
(4) 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 uses will not over burden municipal 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 screening, separation distance between structures on other lots, and closing of automatic doors will help mitigate any
adverse impacts on the properties in close proximity.
(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.
A professional engineer has prepared the original site plans for the application. Adjustments to the bufferyard screening
required as part of the staff memorandum conditions.
(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.
A registered civil engineer prepared drainage and utility plans for the original administrative site plan application.
(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 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:
4520 Tower Street SW,Prior Lake, MN 55372
Lot 1, Block 2, Enlvid First Addition,according to the recorded plat thereof.(PID 25-269-003-0)
And
That part of OutloM in said Enivld First Addition,lying southerly and easterly of the follovdng described line:
L U FILESIOB CUPS1Rubenzer Car Washlapxoval resclutionsoc Page 2
Beginning at the southwest corner of said Outlot A(the south line of said Outlot A has an assumed hearing of South 89 degrees 53
minutes 43 seconds West); thence Norm 71 degrees 23 minutes 09 seconds East a distance of 316.12 feet; thence North 01
degrees 30 minutes 45 seconds East a distance of 258.70 feet to the northerly line of said Oullot A and said line there terminating.
(PID 25.269-004-1)
The Conditional Use Permit is hereby approved subject to the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council approval.
2. A sign permit application must be submitted to the City prior to the installation or alteration of any signage on the site.
3. The applicant shall place a line of coniferous trees along the southern boundary of the bituminous paved area and work
with City Staff regarding site screening requirements.
4. The applicant shall address all staff comments as outlined in the September 17,2008 Engineering and CDNR memos;and
August 27, 2008 building memorandums.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow for a
communications tower with a reduced setback in relation to a public street. The contents of Planning Case Files# EPOB-134
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 22^6 day of September,2008.
4� !Zz�
Vaughn Lemke,Commission Chair
A ST:
Danette WaBhers,Community Development&Natural Resources Director
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