HomeMy WebLinkAbout09-05PC SPU CUP 259220033Doc. No. A 844305
OFFICE OF THE COUNTY RECORDER
SCOTTCOUNTY, MINNESOTA
Certifed Filed and/or Recorded on
01-05-201 0 at 02.55 Receipr 1 52697
Janice From, Actirg County Recorder 0.,
Fee: $ 46.00srATE OF MTNNESOTA)
)ss.
COUNTYOFSCOTT )
The undersigned, duly qualified and Planner for the City ofPrior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION O9-OsPC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
UTILITY SUBSTATION IN THE AGRICULTURAL ZONING DISTRICT
Please return document to:
City of Prior Lake'A CommunityDevelopment/1\aturatResourcesDepartment
4646 Dakota Street SE
Prior Lake, MN 55372
City of Prior Lake
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Prior Lake,
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RESOLUTION ()9-()5PC
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A UTILITY SUBSTATION IN THE
AGRICULTURAL ZONING DISTRICT
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on November 9, 2009 to consider an
application from Shakopee Public Utilities Commission (SPUC) for a Conditional Use Permit (CUP) to allow
for a utility substation in the Agricultural Zoning District and legally described as follows:
North of the intersection of CSAH 42 and CSAH 21, and legally described as follows:
The Nodh 600 feet of the Northeast one-quarter of the Southeast one-quarter, except the West 990 feet, of
Section 22, Township 115, Range 22, Scoft County, lvlinnesota., -,"t..t.,t ^C j j
Together with that part of the North 600 feet of the West 465 feet of the North one-half of the Southwest
one-quarter, Section 23, Township 115, Range 22, Scott County, Minnesota lying westerly of Parcel 5, Scott
County Right-of-Way Plat No, 58, Scott County, Minnesota; and
(PlD# 25-922-003-3)
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
sunounding the project; and
WHEREAS, the Planning Commission find the proposed CUP is compatible with the stated purDoses 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 1 108 of the Zoning Ordinance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA:
1. lt hereby adopts the following flndings:
a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
A goal ofthe 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.
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,
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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 advensely affect the above mentioned services.
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.
The use ls subject to the deslgn 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 conditlons imposed on the use by the Gi$
Councll,
The design, materials, and landscaping will meet the provisions of the Zoning Ordinance.
The use is subject to dralnage and utility plans prepared by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, flre hydrants, manholes, power, telephone and
cable lines, natunl gas mains, and other service facilities. The plans shall be included as part of the conditions
set forth In the CUP approved by the Ci$ Council.
These plans have been prepared by a civil engineer.
The use is subject to such other additional conditions which the City Council may find necessary to protect
the generalwelfare, public safeg 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 reshictions and conditions on the CUP which ate more stdngent
than those set forth in the Ordinance and whlch are consistent with the genaal conditlons above. The
additional conditions shall be set forth in the GUP approved by the City Council.
The Planning Commission may add any conditions deemed appropriate.
The Conditional Use Permit is hereby approved subiect to the following conditions:
1. The applicant shall receive a building pemit prior to conslruction on the site.
2. Any proposed signage will require a sign permit.
3. The applicant must adhere to the comments reflecled in the Engineering Department memo (authored by Larry Poppler),
dated October 15, 2009.
4. The applicant must adhere to the comments reflected in the CDNR Department memo (authored by Danefte Parr), dated
October 20, 2009.
5. The applicant must supply a landscaping bid and Lefter of Credit (valued al 1250/o ot the projected bid cost) prior to
building permit issuance.
6. The applicant shall record the Conditional Use Permit and signed assent form at Scott County no later than 60 days after
Planning Commission approval.
7. Once the property to the west is developed and an access point exlended to the west property boundary, the applicant will
be responsible for extending a paved primary access point extending from the westem property boundary to the area
enclosed by the fence.
8. All conditions listed in Section 1102.203(3) of the Zoning ordinance shall be met.
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collcLusloN
B6ed upon tu Findings set bft abore, te City Council hercby granb a Conditional Use Pemit b allow br a utility
substation in he Agricultunal Zoning Distoict. The conbnb of Planning Case File ffi9-125 is hercby entercd inb and mde a
part of the public rccord and he rccod of fte decision for this case.
Passed and adopbd this 9tt day of Norcmber, 2009.
Danetb Pan Community Dewlopment and Nafural Resources Dircctor
ATTEST:
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