HomeMy WebLinkAboutRes 07-04PC CUP Doc. No. A 785943
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Fled and/or Recorded on
10-22-2007 at 02:20 Receipt:665907
Pat Boeckrnan, County Recorder 01
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
RESOLUTION 07-04PC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
UTILITY SUBSTATION IN THE 1-1 ZONING DISTRICT
Connie Carlson
City of Prior Lake
,,t CJfir `k th Day of October, 2007
R
(City Seal
&VAR07-133 & 137
3 r .
Please return document to:
City of Prior Lake
Attn: Connie Carlson
4646 Dakota Street SE
Prior Lake, rvLN 55372
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4646 Dakota Street S.E.
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RESOLUTION 07-04PC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A UTILITY SUBSTATION IN THE 1-1 ZONING
DISTRICT
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on September 24, 2007, to consider an
application from Xcel Energy for a Conditional Use Permit (CUP) to allow for the expansion of a utility
substation in the 1-1 Zoning District and legally described as follows:
The East 250 feet of the following described property:
That part of the East 3/4 of the SE '/. of Section 1, Township 114, Range 22, Described as follows:
Commencing at the SE corner of said section 1;thence on an assumed bearing of N 01°21'00"W along the
line between the SE comer and the NE comer of said section 1, a distance of 1251.72 feet; thence at right
angles S 88039' W, a distance of 1875,73 feet; thence S 86011'30" W, a distance of 84.66 feet to the east
line of the west 30.0 feet of the East '/<of the SE '/.of said Section 1; thence N 86'11'30" E, a distance of
514.66 feet; thence bearing south a distance of 704.31 feet to the centerline of County State Aid Highway
#12; thence S 63°37'56" E along the centerline of said Highway#12 a distance of 73.66 feet to the ACTUAL
POINT OF BEGINNING of the property to be described; thence bearing North a distance of 412.0 feet,
thence bearing East a distance of 944.0 ft; thence bearing South a distance of 870 ft, more or less, to the
centerline of County State Aid Highway #12; thence NW'ly along the centerline of said Highway #12 a
distance of 1053, more or less to the point of beginning. Subject to County State Aid Highway#12 over the
SW'ly 33 feet thereof. Said East 250 shall be measured along the North line of the aforedescribed property.
Except, the North 380 feet;
and
WHEREAS, notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior
Lake Ordinances; 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 proposed CUP;and
WHEREAS, the Planning Commission find the CUP in harmony with both existing and proposed development in the area
surrounding the project; and
WHEREAS, the Planning Commission 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 of the Zoning Ordinance
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA:
1. It hereby adopts the following findings:
a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
A goal of the 2030 Comprehensive Plan is to develop infrastructure for the efficient provision of services.
b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
IA07 files\07 cup's'\.excel-credit river substation'\.cup resolution.doc Page 1
u1knv.cityofpriorlake.corn
Phone 952.447.9800 / Fax 952.447.4245
This proposal will benefit the health, safety and general welfare of the community and surrounding areas by assuring
adequate energy in the future.
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.
With the granting of the CUP,the use will be consistent with the provisions of the Zoning Ordinance.
d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are
either existing or proposed.
The expanded use will not adversely affect the above mentioned services.
e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
Provided all conditions of approval are adhered to, the use will not have an adverse impact on the nearby properties.
f) 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.
The design, materials, and landscaping will meet the provisions of the Zoning Ordinance.
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.
These plans have been prepared by a civil engineer.
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 1108.202. 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.
The Planning Commission may add any conditions deemed appropriate.
2. The Conditional Use Permit is hereby approved subject to the following conditions:
a. The applicant shall address all comments detailed in the September 17, 2007 Engineering Department memo prepared
by Larry Poppler, Assistant City Engineer.
b. A tree inventory shall be conducted on the property prior to any building permit issuance.
c. A photometric plan shall be submitted prior to any building permit issuance.
d. The applicant shall submit elevations detailing materials that meet or exceed the architectural requirements detailed in
Section 1107,2200 of the Code prior to building permit issuance.
e. The applicant shall receive a building permit prior to construction on the site.
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CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit to allow the expansion of a
utility substation in the 1-1 Zoning District. The contents of Planning Case File#07-133 is hereby entered into and made a part
of the public record and the record of the decision for this case.
Passed and adopted this 2411 day of September, 2007.
G
Vaughn Lemke, Commission Chair
TEST:
� •
J e ansier, Planning Director
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