HomeMy WebLinkAbout09-01PC 259230140 CUP--l-:
Doc. No. A 832815
OFFICE OFTHE COUNTY RECORDER
SCOTTCOUNTY, MINNESOTA
Certified Filed andlor Recorded on
08-06-2009 at 08: 1 0 ReceiPt405491
Janice From, Acting County Recorder 01
Fee: $ 46 00
STATE OF MINNESOTA)
)ss.
COUNTYOFSCOTT )
The undersigned, duly qualified and community Development Assistant for the city of
Prior Lake, hereby certifies the attached hereto is the original true and correct copy of
RESOLUTION O9-O1PC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
GRADING AND EXCAVATION OF MORE THAN 4OO CUBIC YARDS
Dated this 14'" day ofJuly,2009'
EP09-121
25-923-014-0
/' ,rou,_ O4rohr,
Michelle Czycalla J
City of Prior Lake
Please return document to:
\ City of Prior Lake
' Attn: Michelle CzYcalla
4646 Dakota Street SE
Prior Lake, MN 55372
I V.pr9ork\blantfm\rue.opy doc
&4646 Dakota Sireet S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION O9-O1PG
A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION OF MORE THAN 4OO
CUBIC YARDS
WHEREAS.
WHEREAS,
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on July 13, 2009,
to consider an application from The Prior Lake-Spring Lake Watershed District to
allow grading and excavation 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 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
The Planning Commission finds the proposed CUP is compatible with the stated
purposes and intent of the Zonlng 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.
WHEREAS,
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 hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Objective 5, under the goal of Security, is to provide for conservation and protection of the
natural environment. The policies include providing adequate regulation to prevent the
development of endeavors which will create a hazard to the environment and to require
developers to retain the natural environment as much as possible. The project is anticipated to
stabilize channel banks, improve efficiency, plan for future conditions and improve the
aesthetics and wildlife habitat of the channel. The conditions set forth in this CUP address
environmental hazards and limit impacts to the existing wetlands.
Ll09 FItES\09 CUP'S\Watershed Districi Outlet Channel\cuqif;Adl8l$gQfriorlake.corn
Phone 952.447 .9800 / Fax 952.447 .4245
Page 1
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.
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
prepared by or under the direction of a professional
engineer registered in the State of Minnesota, approved
and incorporated as part of the conditions imposed on the use by the Planning
Commission.
The use will adhere to the design requirements of the City.
g. The use is subject to drainage and utility plans prepared by a profes"ional civil
engineer registered in the State of Minnesota which illustrate locations of city water'
city sewer, lire hydrants, manholes, power, telephone and cable lines, natural gas
miins, and other service facilities. The plans shall be included as part of the
conditions set forth in the CUP approved by the Planning Commission'
The plans have been prepared by a civil engineer. Prior to the issuance of a grading permit, the
applicant witl be required to submit revised plans that meet the conditions outlined in this staff
reoort.
h. 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
chjracter. 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
of site and landscape Plans
landscape architect, or civil
by the Planning Commission
Ll09 FILES\09 CUP'S\Watelshed Distdct Outlet Channel\cup resolution DoC Page 2
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 GUP approved by the City Council.
Additional conditions to ensure the protection of the general health, safety, and welfare of the
oublic are included as oart of the CUP. These conditions include a Storm Water Pollution
Prevention Plan, the establishment of emergency overflow routes for stormwater, and permits
from other governmental agencies.
3. The CUP is hereby approved, subject to the following conditions:
a) The excavation 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) The applicant shall record the Conditional Use Permit at Scott County no later than 60
days after approval.
d) The applicanl must provide a Storm Water Pollution Prevention Plan.
e) The applicant must provide a signed complete final set of plans and details for the project.
f) Prior to any grading on the site, the applicant must obtain a temporary access permit from
Scott County and a NPDES permit.
g) Prior to any grading on the site, the applicant must meet all requirements as set forth by
the City Engineering Department.
h) 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 orovided from an off-site source.
i) 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.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow grading and excavation of more than 400 cubic yards. The contents of Planning Case
File #EP 09-121 is hereby enlered into and made a part of the public record and the record of the
decision for this case.
Passed and adopted this 13'n day of July, 2009.
AITEST:(A"te n^.f-"-
Danette Parr. Communitv Develooment & Natural Resources Director
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