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Home My WebLink About06-12PC Mckenna Grading CUP s i Doc. No. A 765961 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 02-28-2007 at 11:00 Receipt:615526 Pat Boeckman, County Recorder 01 Fee: $ 46.00 STATE OF MINNESOTA) )Ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Engineering Secretary of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of RESOLUTION 06-12PC A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION OF MORE THAN 400 CUBIC YARDS //L J"�2 L'-L�' Jud int City f Prior Lake Dated this 28th day of September, 2006 t .o (City.Seat) •:�• :.....lenna Grading CUP 152 1A06 riLN\116 cup A=kuma gradinpUrwcopyAw 1 • of rxro� 16200 Eagle Creek Avenue S.E. U rn Prior bake. MN 55372-1714 1!flN es0 CONDITIONAL USE PERMIT RESOLUTION 06-12PC A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION OF MORE THAN 400 CUBIC YARDS WHEREAS, The Prior Lake Planning Commission conducted a public hearing on September 11, 2006, to consider an application from Ames Construction to allow grading and fill of more than 400 cubic yards on property located at the northwest intersection of Shepherds Path and North Berens Road; 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 finds the CUP to allow the grading and fill of more than 400 cubic yards in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, The City Council 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 PLANNING COMMISSION OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2, The Planning Commission hareby adopts the fol!;Dwing findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The filling and grading will be consistent with the goals and policies of the Comprehensive Plan. The policies include providing adequate regulation to prevent the development of endeavors which will create a hazard to the environment. The grading and filling will allow for decreased grades and address concerns related to storm water erosion. b. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. 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. LA06 FILES106 CUP'S1McKenna Gradinglcup resolution.DOC Page 1 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 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. Section 1101.509 of the Zoning Ordinance allows, grading and filling as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. d. 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. During the grading and fill work, the applicant will be responsible for maintaining the condition of the adjacent roads. e. 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. 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 applicant will be required to submit a Letter of Credit in order to ensure compliance with this requirement. 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. The 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. Additional conditions to ensure the protection of the general health, safety, and welfare of the public are included as part of the CUP. LAN FILEST6 CUP'SWcKenna Gradinftup resolution.DOC Page 2 3. The CUP is hereby approved, subject to the following conditions: a) The grading/fill must be done according to the approved plans. b) The clean up 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) Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and 8:00 a.m. to 12:00 noon on Saturdays. d) Watering for dust control shall be done on an as needed basis or within 24 hours written notice from the City. Such notice shall be transmitted by facsimile to the applicant. Dust control includes the entire project area and is not limited to roadways. Water for dust control shall be provided from an off-site source. e) The CUP is valid for one year, 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 of this CUP does not create any right, in law or equity, to the renewal thereof. Any renewal of the CUP is subject to City Council approval and is to include any information as requested by City staff or the City Council that would aid the City Council in determining whether the excavation activities conducted pursuant to this CUP created any adverse impacts to the health, safety or welfare of the City or its residents. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow grading and fill of more than 400 cubic yards. The contents of Planning Case File #06- 152 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 111h day of September, 2006. Anthony Stamson, Commission Chair EST: J !Kansier, Planning Director L:1U6 FILES0 CURSIMcKenna Gradinglcup resolution.DOC Page 3 CY C4 S � ,�� ke