HomeMy WebLinkAbout08-05PC 5380 Cottonwood Ln CUP Doc. No. A 799215
OFFICE OF THE COUNTY RECORDER
S SCOTT COUNTY, MINNESOTA
Certified Fled and/or Recorded on
04-29-2008 at 11:00 Receipt-701980
Pat Boeckman, County Recorder 41
Fee: $ 46.00
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 08-05PC
APPROVING AN AMENDED CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR STORAGE IN THE C-5 (BUSINESS PARK-)ZONING DISTRICT
Connie Carlsn/e
City of Prior
"Dited this 1 Oth da -March 2008
(City Seal)
08-101 EM Products
5380 Cottonwood Lane 25-296-001-0
Please return document to:
v City of Prior Lake
Attn: Connie Carlson
4646 Dakota Street SE
Prior Lake, MN 55372
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04 PRIp41
y 4646 Dakota Street S.E.
U Prior Lake, MN 55372-1714
'brw,vrsot* CONDITIONAL USE PERMIT
RESOLUTIONOB-0SPC
APPROVING AN AMENDED CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE C-5(BUSINESS
PARK)ZONING DISTRICT
MOTION BY: SECOND BY:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on February 24, 2008, to consider
an application from EM Products to amend a Conditional Use Permit(CUP)to allow outdoor storage;
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 conditional 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 is to 'maintain high standards in the promotion and development of
commerce and industry." A policy supporting this objective is to 'maintain proper physical site screening and landscaping
standards." The outdoor storage is consistent with the goals,objectives,and policies of the Comprehensive Plan provided
it compiles 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 not be detrimental to the health, safety, and general welfare of the community as a whole provided all
conditions of approval are met:
L108 FILES108 CUPStEM Pmduclslresdution.DDC Page 1
www.cityofpriodake.mm
Phone 952.447.9800 / Fax 952.447 4245
(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.
The purpose of the C-5 Use District is "promote high standards of design and construction for business park uses in the
City. These standards are set forth in order to enhance the visual appearance of each "C5°Business Park Use District
within the G'ly, to preserve the taxable value of property and to promote the public health, safety, and welfare.' As a
temporary measure the proposed materials appear appropriate for the district.
(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 Zoning Ordinance places conditions an outdoor storage in the C-5 Use District to protect adjacent uses. Provided all
conditions are met,the use will not have undue 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.
The original plans for the site were completed by a professional engineer.
(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 as part of a previously approved 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. Due to the temporary nature of the fencing
design,staff would recommend the Planning Commission establish a future date to revisit the outdoor storage needs of the
business to determine whether a more permanent outdoor storage area is necessary it the applicant still has certain plans
of expanding the building. Staff also recommends the condition that if parking needs cannot be accommodated in the
future,a reduction of the temporary outdoor storage area will be required to accommodate the parking.
L:N FILES08 CUP'S1EM Produclstresolution.DOC Page 2
The Conditional Use Permit is hereby approved on the property legally described as follows:
Lot 1, Block 1,Waterfront Passage Addition, Scott County,Minnesota.
The Conditional Use Permit is hereby approved subject to the following conditions:
1. The Planning Commission shall review the conditional use permit prior to July 31, 2008 in order to determine whether a
more permanent outdoor storage area is necessary.
2. If the outdoor storage becomes permanent or parking needs cannot be accommodated in the future,either a reduction of
the outdoor storage area will be required or additional parking spaces must be provided to accommodate the parking.
3. The applicant shall only place outdoor storage within the confines of the approved site plan(attached as Exhibit A).
4. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission
approval(including Exhibit A).
CONCLUSION
Based upon me Findings set forth above, the Planning Commission hereby grants an amended Conditional Use Permit for
outdoor storage in the C-5 district. The contents of Planning Case Files#EP08-101 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 25m day of February,2008. -
Vaughn Le nke,Commisson C
Jane I sier, Planning Director
L N FILES0 CUP'SIEM ProduMVesdufioaDCC Page 3
APPROVED
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