HomeMy WebLinkAbout12-07PC 2700 Spring Lake Rd. CUPDoc. No. A905762
OFFICE OFTHE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
O5-17 -2012 at 09: 1 5 RecPt 000000
Jarnes L. Hentges, County Recorder *
Fee: $ 46.00
STATE OF MINNESOTA)
)ss.couNTYoFscoTT )
The undersigned, duly qualified and Planner for the City ofPrior Lake, hereby certifies the
attached hereto is the original true and conect copies of
RESOLUTION I2-O7PC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR
CRADING AND LAND RECLAMATION IN EXCESS OF 4OO CUBIC YARDS AT SPRING
LAKE REGIONAL PARK
Dated this 24'n day of April,2012.
2700 Spring Lake Road
25-933-004-1, 25-904-004-1,25-904-003-1 , 25-904-004-0, 25-933-004-0, 25-933-012-0, 25-
904-005-0. 25-904-002-0.
Please return document to:
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
Prior Lake. MN 55372
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City of Prior Lake
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4646 Dakota Street SE
Prior Lake, MN 55372
CONDITIONAL USE PERMIT
RESOLUTION 12-O7PC
A CONOITIONAL USE PERMIT TO ALLOW FOR GRADING AND LAND RECLAMATION IN
EXCESS OF 4OO CUBIC YARDS AT SPRING LAKE REGIONAL PARK
WHEREAS,
WHEREAS,
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on Aptil23,2012,
to consider an application from Stantec Consulting Services to allow grading and
land reclamation of more than 400 cubic yards; and
Notice of the public hearing on said CUP was duly published in accordance with the
applicable Prior Lake Ordinances; and
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
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.
WHEREAS,
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRTOR LAKE:
1. The recitals set forth above are incoroorated 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 Plan,
Objective 1 under the goal of Environmental and Natural Resources Protection within the
2030 Comprehensive Plan is to provide suitable open space for the preservation of the
natural environment and the enjoyment of residents. The purpose of this permit is to monitor
and allow Spring Lake Regional Park to be developed and provide the public with an area to
relax and recreate.
Objective 4 under the goal of Security within the 2030 Comprehensive Plan is to enact and
maintain policies and ordinances to ensure the safety and preservation of property. The
purpose of review of this Conditional Use Permit is to ensure that erosion control and
adequate storm water analysis is completed to ensure no negative impacts to the overall
area. lt also provides for the notification of the project to the surrounding properties
regarding the activity which is proposed.
b. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
Phone 952.447.9800 | Fax 952,447.4245 | vytw.citvotoriorlake.com
d.
Based on staff review, 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 community.
The use is consistent with the intent and purpose of the Zoning Ordinance and the
Use District in which the Conditional Use is located.
section 1101.509 of the Zoning ordinance allows Grading, Filling and Land Reclamation as
a C_onditional Use within any zoning district. The conditions set fbrth in the Zoning
Ordinance will be met with the issuance of the Conditional Use permit.
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.
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 as long as all conditions of approval are adheredto including but not limited
to erosion control requirements and cleanup of any streets in the project area.
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, oi civil
engineer registered in the State of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use Uy ine City Cbuncit.
The use will adhere to the design requirements of the City.
The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which iltustrate l6cations 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 ihe
conditions set forth in the CUP approved by the City Council.
The applicant has submitted engineering plans identilring locations of utilities.
The use is subject to such other additional conditions which the City Council mayfind necessary to protect the general welfare, public safety and
-neighborhooi
character. such additional conditiorc may be imposed in those situationJwhere the
olher_dimensional standards, performance standards, conditions or requirements inthis 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 ordinanceand 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 ofthe 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, approval of a City grading permit, and a submittal of a
security to cover the costs of restoration.
s'
a The CUP is hereby approved, subject to the following conditions
a) The filling and land reclamation must be done according to the approved plans.
b) The cleanup of fill material as a result of spills or general transportation of fill on any public
road shall be the responsibility of the applicant.
c) The applicant shall record the Conditional Use Permit at Scoft County no later than 60 days
after approval.
d) The conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
e) Prior to any grading on the site, the applicant shall meet requirements set forth by the City
Engineering Staff in the memorandum dated April 19,20'|2.
f) The CUP is valid for one year for land reclamation, but is revocable at any time for
noncompliance with any condition contained herein. At the expiration of its one (1) year
term, the property owner may make application to the City to renew the CUp. The initial
approval ofthis CUP does not create any right, in law or equity, to the renewal thereof.
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow grading and land reclamation of more than 4OO cubic yards. The contents of Planning
Case File #EP 12-106 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 23d day of April
CONCLUSION
conomic Development Director
Acting Commission Chair
The properties is legally described as follows:
25-933-004-1
The Westerly 950 feet of the Southeast Quarter of the Southwest Quarter of Section 33,
Township 115 North, Range 22 West, Scott County, Minnesota; and
25-904-004-1
The Northerly 530 feet of the Westerly 950 feet of the Northeast Quarter of the Northwest
Quarter of Section 4, Township 114 North, Range 22 West, Scott County, Minnesota.
2s-904-003-1
Section 04 Township 1'14 Range 022 SE1/4 NW1/4, & P/o GOVT LOTS 2 & # LYING N OF
PLATS BUTTERNUT BEACH & SPRING LAKE ESTATES & LYING W OF CO RD 81 EX E
1OO' OF GOVT LOT 3 LYING S OF CO RD 12 EXCEPT AUDITOR'S SUBD #12
25-904-004-0
Section 04 Township 114 Range 022 NE 1/4 NW1/4 EX THE N 530' OF W 950'
25-933-004-0
Section 33 Township 1 15 Range 022 SE1/4 SW1/4 EX W 950'
25-933-012-0
Section 33 Township 1 15 Range 022 SW'l/4 SE1t4
25-904-005-0
Section 04 Township 1'14 Range 022 SW1/4 NE1/4 & NW1/4 NE1/4
25-904-002-0
Section 04 Township 114 Range O22PlO GOVT LOTS 1&2 LYTNG N OF PLATS SPRING
LAKE TOWNSITE & BUTTERNUT BEACH &LYING E OF CO RD 81