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5.c PC Resolution No. 2021-18 Approving CUP for PUD CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 2021-18 APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT LOCATED AT PARCEL ID 23.032.20.21.0002 WHEREAS, the Scandia Heritage Alliance and the City of Scandia has applied for a Conditional Use Permit to allow for development of an Arts and Heritage Center on the site as part of a Planned Unit Development, located at 14727 209th Street North, City of Scandia; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on October 5, 2021, and recommended approval of the CUP with conditions: and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it recommends approval of a Conditional Use Permit to allow for development of an Arts and Heritage Center on the site as part of a Planned Unit Development, located at 14727 209th Street North, based on the following findings: 1. The proposed use is consistent with the Future Land Use Map, as well as the goals of the Comprehensive Plan. Given the proposed use’s proximity to existing development, it can utilize existing infrastructure. The site will provide parking for the users of the Arts & Heritage Center by utilizing existing parking on the site, though the Center will have to coordinate scheduling with City Hall to ensure large events at both sites are not occurring at the same time. It will not negatively impact public facilities, or impact the City’s capital improvement plan. 2. The proposed use would not endanger the public welfare. If the applicant meets the conditions included with this CUP and obtains all required permits, the use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 3. The proposed PUD will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. Nearby properties are also used for public or semi-public uses. Parcels to the south that are used for residential use are PC Resolution No. 2021-18 Page 2 of 3 screened by existing woods and vegetation. The proposed PUD is not expected to negatively impact adjacent property values or scenic views. 4. Given the property is used for public uses, the site is not planned to be a part of any future residential or commercial redevelopment. Much of the parcels bordering the site are already developed; parcels to the south that are bordering the site could still redevelop without issue if the PUD is approved. The proposed PUD would not impact development or improvements of surrounding properties. 5. The existing site already has water and electric, as well as access onto existing public roadways. The City would not have to provide new services to serve or access the proposed uses in the PUD. 6. As a PUD, the site would be deviating from some of the normal requirements of the Development Code. The proposed deviations would include existing developments of the site, along with portions of the proposed Arts and Heritage Center. By meeting the criteria for a PUD, the use would be conforming to the Development Code. 7. The proposed uses of the PUD would follow applicable general performance standards of the Development Code. The Arts and Heritage Center use does not have any use-specific performance standards to adhere to. The current government and institutional uses on the site currently meet applicable performance standards. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The proposed PUD shall follow the site plan submitted to the city and reviewed with this request. Minor changes to the site plan may be permitted, as per Chapter 2, Section 7.6 of the Development Code. 2. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. 3. Details on outdoor lighting shall be submitted to the city for review prior to installation. 4. A grading plan and erosion control plan shall be submitted to the City for review prior to issuance of a building permit, showing any areas of soil disruption and locations of any trees to be removed and added, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. 5. The users of the site are permitted to share on-site parking facilities. No off-street parking on Olinda Trail is permitted. 6. The Arts and Heritage Center shall acquire agreements with the Gammelgarden Museum and Elim Church for the shared use of parking facilities off-site. PC Resolution No. 2021-18 Page 3 of 3 7. The Arts and Heritage Center shall work closely with the City, the Gammelgarden Museum, and Elim Church on the scheduling of events, so as to prevent issues with parking and traffic. 8. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 9. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 5th day of October, 2021. ______________________________ Travis Loeffler, Chair ATTEST: _________________________________ Ken Cammilleri, City Administrator Attachment A 1 Attachment A – Legal Description PROPOSED PLANNED UNIT DEVELOPMENT PARCEL DESCRIPTION TRACT "C" REGISTERED LAND SURVEY NO. 105, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. EXCEPT Parcel No. 20 of Washington County Highway Right of Way Plat No. 101. AND Part of Lot Thirty-one (31), Auditor's Plat No. 6, in the Northeast quarter of the Northwest quarter (NE 1/4 of NW 1/4) of Section Twenty-three (23), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the Register of Deeds of said County, described as follows: Beginning as the Southeast corner of said Lot Thirty-one (31); thence North, assumed bearing, along the East line of said Lot Thirty-one (31), a distance of 581.84 feet; thence West, 110.00 feet; thence North, 375.90 feet; thence So. 76°55'15” West, 577.57 feet; thence South 14°10'45” West, 154.30 feet; thence along a tangent curve, radius 457.58 feet, central angle 57°18', concave to the Northwest, 457.59 feet; thence South 71°28'45” West, along tangent, 173.93 feet to the intersection with a line 150.00 feet East of, measured at right angles to and parallel with, the West line of said Lot Thirty-one (31); thence South 01°01'30” West, along said line, 330.12 feet to the South line of said Lot Thirty-one (31); thence North 88°33'00” East, along the South line of said Lot Thirty-one (31), a distance of 1174.12 feet to the point of beginning; subject to County State Aid Highway No. 3 and 209th Street, the said tract being previously described as follows: All that part of Lot Thirty-one (31) of County Auditor's Plat Number Six (6) which lies South of the road that divides said Lot and East of the Big Lake and Scandia road, excepting that Attachment A 2 part thereof heretofore conveyed to August Svenson and described as follows, to-wit: Commencing as the Southwest corner of said Lot Thirty-one (31); Thence North along the West line of said Lot Thirty-one (31), Two hundred eighty-seven (287) feet more or less to the center of the public highway now crossing said line; thence following the center of the public highway in an Easterly direction a distance of One hundred sixty-seven (167) feet; thence in a straight line in a Southerly direction to a point on the South line of said Lot Thirty-one (31), one hundred fifty (150) feet East of the Southwest corner thereof; thence West along the South line of said Lot, one hundred fifty (150) feet to place of beginning, containing 1.14 acres of land more or less, and also except that part thereof described as follows: Part of Lot Thirty-one (31), Auditor's Plat No. 6, in the Northeast quarter of the Northwest quarter (NE ¼ of NW ¼)of Section Twenty-three (23), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the Register of Deeds of said County, described as follows: Commencing at the Southeast corner of said Lot Thirty-one (31); thence North, assumed bearing, along the East line of said Lot Thirty-one (31), a distance of 581.84 feet to the point of beginning; thence West, 110.00 feet; thence North, 375.90 feet; thence North 76°55'15” East, 112.93 feet to the East line of said Lot Thirty-one (31); thence South along the East line of said Lot Thirty-one (31) a distance of 401.46 feet, to the point of beginning; subject to 209th Street. Also excepting all that part of said Lot 31 of County Auditor's Plat No. 6, lying northerly of the following described line, said line being the existing center line of 209th Street North and its westerly extension: Commencing at a Washington County stone monument at the north quarter corner of Section 23, Township 32 North, Range 20 West; thence on a azimuth from north of 180 degrees 56 minutes 45 seconds, Washington County Coordinate System, North American Datum 1983 (NAD 83), along the east line of the Northeast Quarter of the Northwest Quarter of said Section 23, a distance of 324.50 feet to the point of beginning of the line to be described; Attachment A 3 thence southwesterly a distance of 53.02 feet along a non- tangential curve concave to the northwest having a radius of 273.13 feet, a central angle of 11 degrees 07 minutes 23 seconds and whose chord is on an azimuth of 252 degrees 18 minutes 18 seconds; thence on an azimuth of 257 degrees 52 minutes 00 seconds, tangent to said curve, a distance of 442.44 feet; thence westerly a distance of 139.62 feet along a tangential curve concave to the north having a radius of 310.00 feet and a central angle of 25 degrees 48 minutes 20 seconds; thence on an azimuth of 283 degrees 40 minutes 20 seconds, tangent to said curve, a distance of 53.57 feet to the westerly line of said Lot 31, and said line there terminating. Attachment A 4 PROPOSED USE AREA PARCEL DESCRIPTION Part of Lot 31, Auditor's Plat No. 6, in the Northeast Quarter of the Northwest Quarter of Section 23, Township 32 North, Range 20 West, Washington County, Minnesota, as per the plat thereof on file and of record in the office of the County Recorder of said County, described as follows: Commencing at the southeast corner of said Lot 31; thence South 89 degrees 31 minutes 15 seconds West, bearings are oriented to the Washington County Coordinate System, NAD 83, 1986 adjustment, along the south line of said Lot 31 a distance of 416.61 feet to the point of beginning of the parcel to be described; thence North 10 degrees 41 minutes 40 seconds West a distance of 138.66 feet; thence North 55 degrees 00 minutes 00 seconds West a distance of 206.00 feet; thence North 14 degrees 45 minutes 46 seconds West a distance of 290.21 feet; thence North 58 degrees 43 minutes 14 seconds West a distance of 75.76 feet, more or less, to the intersection with the boundary line of real property described in Warranty Deed, Document Number 319741; thence southwesterly along said boundary line, being a non-tangential curve concave to the northwest, an arc distance of 328.60 feet, said curve has a radius of 457.58 feet and a central angle of 41 degrees 08 minutes 46 seconds, the chord of said curve bears South 51 degrees 51 minutes 07 seconds West; thence South 72 degrees 25 minutes 30 seconds West, tangent to the last described curve and along said boundary line, a distance of 171.21 feet, more or less, to the intersection with a line 150.00 feet East of, measured at right angles to and parallel with, the west line of said Lot 31; thence South 00 degrees 49 minutes 14 seconds West, along said parallel line a distance of 330.37 feet, more or less, to the intersection with the south line of said Lot 31; thence North 89 degrees 31 minutes 15 seconds East, along said south line a distance of 754.05 feet to the point of beginning. This parcel contains 6.288 acres, more or less, and is subject to the right of way of Olinda Trail North and all other easements, restrictions and covenants of record.