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HomeMy WebLinkAbout04-07 CUP Process 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04- 07 AN ORDINANCE AMENDING SECTION 1108.200 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Sections 1108.200 through 1108.222 of the Prior Lake City Code is hereby amended as follows: 1108.200 CONDITIONAL USE PERMITS 1108.201 Purpose and Intent. This Ordinance identifies certain uses, which because of their nature, operation and location in relation to other uses require a Conditional Use Permit. The Conditional Use Permit process regulates the location, magnitude and design of conditional uses consistent with the Comprehensive Plan, and the regulations, purposes and procedures of this Ordinance. The Conditional Use Permits contain minimum conditions to minimize the impact of the use on adjacent properties. To achieve this, this Section sets out the general provisions and criteria applicable to all uses authorized by a Conditional Use Permit. This subsection also describes the procedures governing the application and review process. When considering whether to approve or deny a Conditional Use Permit, the City Council Plannina Commission has the discretion to impose site specific conditions designed to mitigate the potential impacts on adjacent properties. 1108.202 Standards For Conditional Uses. The City Council Planninq Commission shall review all applications for a Conditional Use Permit and shall make findings with respect to the following criteria: (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. r:\ordinanc\2004 \04-07 .doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. (6) 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 Planninq Commission and incorporated as part of the conditions imposed on the use by the City Council Planninq Commission. (7) 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 Conditional Use Permit approved by the City Council Planninq Commission. (8) The use is subject to such other additional conditions which the City Council Plannina Commission 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 GUy Council Planninq Commission may impose restrictions and conditions on the Conditional Use Permit 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 Conditional Use Permit approved by the City Council Planninq Commission. 1108.203 Conditional Use Performance Standards in the Shoreland District. In addition to the standards listed in Section 1108.202, the City Council Planninq Commission shall consider the following criteria when evaluating requests for conditional use permits in the Shoreland District. (1) Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and solid conditions on the site must be made to ensure: ~ The prevention of soil erosion or other possible pollution of public waters, both during and after construction; ~ The visibility of structures and other facilities as viewed from public waters is limited; ~ The site is adequate for water supply and on-site sewage treatment; and ~ The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (2) Conditions Attached To Conditional Use Permits: The City Council Plannina Commission, upon consideration of the criteria listed above and r:\ordinanc\2004 \04-07 .doc 2 the purposes of this Section, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: ~ Increased setbacks from the ordinary high-water levels; ~ Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and ~ Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. 1108.204 Conditional Use Performance Standards in the Flood Plain District. In addition to the standards listed in Section 1108.202 and 1108.203, the City Council Plannino Commission must consider the following criteria when evaluating requests for conditional use permits in the Flood Plain District. (1 ) Evaluation Criteria. The City Council Plan nino Commission shall consider all relevant factors, including the following: ~ The danger to life and property due to increased flood heights or velocities caused by encroachments. ~ The danger materials may be swept onto other lands or downstream to the injury of others, or they may block bridges, culverts or other hydraulic structures. ~ The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. ~ The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. ~ The importance of the services provided by the proposed facility to the community. ~ The requirements of the facility for a waterfront location. ~ The availability of alternative locations not subject to flooding for the proposed use. ~ The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. ~ The relationship of the proposed use to the Comprehensive Plan and flood plain management program for the area. ~ The safety of access to the property in times of flood for ordinary and emergency vehicles. ~ The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. ~ Such other factors which are relevant to the purposes of this Section. (2) Conditions Attached to Conditional Use Permits: Upon consideration of the factors listed above and the purpose of this Section, the Gity Council Plannino Commission shall attach such conditions to the granting of a conditional use permit as deemed necessary to fulfill the purpose of r:\ordinanc\2004\04-07.doc 3 this Section. Such conditions may include, but are not limited to, the following: ~ Modification of waste treatment and water supply facilities. ~ Limitations on period of use, occupancy and operation. ~ Imposition of operational controls, sureties and deed restrictions. ~ Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures. ~ Floodproofing measures, in accordance with the State Building Code and Section 1105. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the f1oodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 1108.205 Application for a Conditional Use Permit. An application for a Conditional Use Permit shall be on a form provided by the City which shall include the name, address and telephone number of the applicant, the name, address and telephone number of the property owner, and the Use District(s) in which the CUP is proposed to be located. The application shall also be accompanied by the following information: (1) A general development plan including the following: ~ Site conditions and existing development on the subject property and immediately adjacent properties. ~ The proposed use of all areas of the site. ~ The proposed density, type, size and location of all dwelling units, if dwelling units are proposed. ~ The general size, location and use of any proposed nonresidential buildings on the site. ~ All public streets, entrance and exit drives, and walkway locations. ~ Parking areas. ~ Landscaped areas. ~ Parks and open spaces, public plazas and common areas. ~ Site dimensions. ~ Generalized drainage and utility plans. ~ Any other information the City may request to determine whether the proposed project meets the requirements of this subsection. (2) Summary sheets which include the following: ~ Proposed densities, ground floor areas, and floor area ratios. ~ Acreage or square footage of individual land uses on the site. ~ All proposed modifications of district regulations being requested. (3) Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase. 1108.206 Procedure for Approval of a Conditional Use Permit. r:\ordinanc\2004 \04-07 .doc 4 (1) The application shall be reviewed by the City staff and reports concerning the application shall be submitted to the Planning Commission for its consideration within 30 days of receipt of all material required by this Ordinance for review of the application. (2) The Planning Commission shall hold a public hearing in accordance with subsection 1109.200. The Planning Commission may continue the public hearing, if necessary, and shall take final action on the application for a conditional use permit within 120 days of a complete application.make a recommendation on the Conditional Use Parmit to the City Council with 60 days of the date a complete application, including 311 of the necessary submittals, was received by the City. If the Planning Commission fails to make 3 recommendation '.vithin the 60 day period, the City Council may then consider the Conditional Use Permit without the Planning Commission's recommendation. (3) The City Council Plannina Commission may approve the Conditional Use Permit in whole or in part, may approve the Conditional Use permit subject to conditions, may deny the Conditional Use Permit, or may continue consideration of the Conditional Use Permit for further investigation and hearing at a later date. ('1) The City Council Plannino Commission shall render a decision regarding the Conditional Use Permit application 'J.'ithin 60 days of the Council's initial consideration of the Conditional Use Permit. 1108.207 Conditions and Modifications. The City Council Plannina Commission may impose reasonable conditions on any Conditional Use Permit and may, at any time, on its own initiative or upon application by the property owner, modify the conditions of an existing Conditional Use Permit as changing circumstances warrant. No modification of an existing Conditional Use Permit may be made until a public hearing has been held by the City Council Plan nino Commission in the manner outlined in subsection 1109.200 except that minor amendments shall require only notice to the holder of the Conditional Use permit and approval of theGHy Council Plannina Commission. 1108.208 Minor Amendments. A minor amendment shall not be granted for proposed changes or modifications which will have an effect on required parking, required yards, floor area ratios, ground floor area ratios, signage, building height, density, covenants or agreements required by the original Conditional Use Permit, or changes in Conditional Use Permits issued in the flood plain districts. 1108.209 Assent Form. No Conditional Use Permit with imposed conditions is valid until the applicant has signed an assent form and the approved exhibits which acknowledge the terms and conditions under which the Conditional Use Permit is granted and agrees to observe them. 1108.210 Filina. The resolution approving a Conditional Use Permit, or modification of a Conditional Use Permit shall include the legal r:\ordinanc\2004\04-07.doc 5 description of the property for which the Permit was issued and a list of any conditions set forth by the City Council PlanninQ Commission as part of the approval of the Conditional Use Permit. A certified copy of the resolution shall be filed with the Scott County Recorder. 1108.211 Revocation and Cancellation of Conditional Use Permits. A Conditional Use Permit may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Conditional Use Permit has violated any of the conditions or requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulations. The following procedure shall apply to revocations and cancellations: (1) The Zoning Administrator shall notify the holder in writing of the violation. The notice shall be given in person or by certified mail, addressed to the applicant at the address stated on the original application. Notice shall also be served upon the occupant(s) of the premises for which the Conditional Use Permit was issued or, if no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Service shall be effective on the date of mailing, personal service or posting. (2) The notice shall state that, unless appealed, after the expiration of 10 days from the date of service, the Conditional Use Permit is terminated without further action or proceeding. (3) The holder of the Conditional Use Permit may appeal the notice of violation to the Board of Adjustment. The fee to appeal such notice shall be the same as the application fee for a Conditional Use Permit application and the holder shall be subject to reimbursement for City costs pursuant to subsection 1109.902. 1108.212 After One Year, No Construction ReQuired. All Conditional Use Permits shall be revoked and canceled if one year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1108.213 After One Year, New Construction ReQuired. All Conditional Use Permits shall be revoked and canceled after one year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.214 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land or lands and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration, or substantial repair to existing buildings was required, or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit r:\ordinanc\2004\04-07.doc 6 shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit. (3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Conditional Use Permit is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been abandoned. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted. (6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit. 1108.215 Time Period for Abandonment of ExistinQ Conditional Use Permits. The 1 year period used in this Ordinance to compute time to determine whether a Conditional Use Permit has been canceled or revoked shall begin with the date of adoption of the resolution granting the Conditional Use Permit. 1108.216 Abandonment if Conditions Not Met or Use Discontinued. (1) Conditional Use Permit granted by the City is revoked and canceled if all conditions imposed in the Conditional Use Permit are not satisfied within 1 year or if the approved use is discontinued for a period of more than 2 years. (2) If an extension of the time period applicable to subsection 1108.216(1) above is requested by the owner of the property on which a Conditional Use Permit has been discontinued prior to the end of 2 years, the City Council Plannino Commission may approve, by resolution, such requested extension if the City Council Plan nino Commission finds the use to be acceptable and a satisfactory reason exists to grant an extension; however, such extension shall not be granted if it would allow the discontinued use to extend more than an additional 3 years beyond the original 2 years. 1108.217 Extension of Time. The City Council Plannino Commission may grant one or more gO-day extensions of time under subsection 1108.216(2) beyond the termination date for any Conditional Use Permit. The fee to r:\ordinanc\2004\04-07.doc 7 process an extension request shall be set by the City Council. Requests for extension of time must be filed with the Zoning Administrator before the termination date of the Conditional Use Permit, but such request shall not be filed more than 30 days before the termination date. 1108.218 Denial. Conditional Use Permits may be denied by resolution of theGity Council PlanninQ Commission. A resolution of denial shall constitute a set out the finding~ by the City Council Planninq Commission that the conditions required for approval do not exist. 1108.219 Appeal to the City Council. Any owner of affected property or any owner of property situated wholly or partly within 350 feet of the subiect property or any officer or department representative of the City may appeal the decision of the Planninq Commission to the City Council pursuant to subsection 1109.400. The appeal must be in writinQ and must be filed with the City PlanninQ Department within 5 business days after the date of the PlanninQ Commission decision. A decision of the PlanninQ Commission shall not become effective until the end of the appeal period has expired. If an appeal is filed before the appeal period expires. the decision of the PlanninQ Commission shall not become effective until the City Council has rendered a decision 'on the appeal. 1108.2204-9 Duration and Enforcement. Conditional Use Permits shall remain in effect as long as the conditions stated in the Conditional Use Permit are observed. but nothinq in this section shall prevent the municipality from enactinQ or amendinQ official controls to chanQe the status of conditional uses. Failure to comply with those conditions results in termination of the Conditional Use Permit. 1108.221Q Reimbursement of City Costs. No Conditional Use Permit shall become valid until the applicant has paid to the City all fees due according to subsection 1109.900. 1108.222.:t- Buildina Permits. No building permit shall be issued for any property for which the City Council PlanninQ Commission has approved a Conditional Use Permit until the applicant has paid to the City all required fees, has signed an assent form, and has filed any required letter of credit. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of February, 2004. A TTEtJ. City Manage ?g~ Mayor r:\ordinanc\2004\04-07.doc 8 CITY OF PRIOR LAKE ORDINANCE NO. 04- 07 AN ORDINANCE AMENDING SECTION 1108.200 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: aownsrream to me mJury or omers, t or th~y_ !J1~.Y~ Q]P.QlU?tlg.~S.l~~q!Y~J.!~j !the date of adoption of the resolution: 'granting the Conditional Use Permit.! iJ 1108.216 Abandonment if' jJC?ndit~ons Not Met or Use; eDlscontmued, j ;q (1) Conditional Use Permit'; lIigranted by the City is revoked and~ l~canceled if all conditions imposed in) nthe Conditional Use Permit are not;\ ~csatisfied within 1 year or if the;: :japproved use is discontinued for ai n period of more than 2 years.! :) (2) If an extension of the time' llperiod applicable to subsection, ).1108.216(1) above is requested by the ~ owner of the property on which a', [{Conditional Use Permit has been~ g~~~~~,1:?:~~:o~~.n"~~~ c resolution, such requested extension} if the Cit) C8tllieil Plannin~ f' iGommission finds the use to be I. s acceptable and a satisfactory reason I c exists to grant an extension; however, t' r such extension shall not be granted if t J it would allow the discontinued use f i to extend more than an additional 3 ! 1 years beyond the original 2 years. JI,' I 1108.217 Extension 0: I :rimg,. The Citj C81:1lieil Plannin~_ . ,Commission may grant one or more - j90-day extensions of time under! subsection 1108.216(2) beyond the3 i . termination date for any Conditional! i Use Permit. The fee to process an1' : extension request shall be set by the): J City Council. Requests for extensionB of time must be fIled with the Zoning! Administrator before the termination EI date of the Conditional Use Permit,_ but such request shall not be fIledJ more than 30 days before the) termination date. . q ; 1108.218 Den i a I . f Conditional Use Permits may beG I denied by resolution of the BHyIT . COtllieil Plannin~ Commission. A ~ resolution of denial shall eelistiMe a:S , set out the fmdin~ hythe Cifj C6\ifiei:l p .Plannin~ COijlmission that the~ I conditions required for approval doq - !1ff-~GheH Frannme-com.mlsSron ~ ~as approved a Conditional Use~~ Permit until the applicant has p~id to p the City all required fees, has slgned(Q an assent form, and has fIl~d any!l+ required letter of credit. ~fO This ordinance shall becometf(J effective from and after its passage;a.J and publication. ' : ~ ' Council of the' ~u is 1~ day of[8 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )55. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full know ledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. ~ ~t1.~ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: Subscribed and sworn before me on this ;ZyoLdaY of ~~~004 ~'?H;?/~1J Notary Public /1 U GWEN M. RADUENZ NOTARY PUBLIC MINNESOTA " My Commission Exflires Jafl. 31, 2005 1 Feb ATT ,;jT~ Frank Boyles, Jack G. Haugen, ~ City Manager Mayor ~ .(Published in the Prior Lake8s American on Saturday, February 28,a.I 2004; No. 7403). .' 19 ~---..-~_~a'1. 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